TOPIC 8 | Intellectual property (IP) Flashcards
is a type of property encompassing the products of original human thought.
Intellectual property (I.P. or IP)
legal rights and protections granted to individuals or entities for their intellectual creations, innovations, and inventions
Intellectual Property Rights (IPR)
“The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.”
Article XIV, Section 13 of the 1987 Constitution
which is the government agency responsible for administering the intellectual property system.
Intellectual Property Office of the Philippines
is the government agency mandated to administer and implement State policies on intellectual property (IP) to strengthen the protection of IP rights in the country.
Intellectual Property Office of the Philippines (IPOPHL)
a specialized agency of the United Nations responsible for promoting and protecting intellectual property (IP) rights on a global scale.
World Intellectual Property Organization (WIPO) 1967
A legal term used to describe the rights that creators have over their literary, artistic works, and scientific creations.
COPYRIGHT
the rights of an owner/author to be properly compensated financially upon his or her permission for the work to be used by another.
Economic Rights
rights to non-economic interests of the author allows authors and creators to take certain actions to preserve and protect their link with their work.
Moral Rights
require that your name is always shown with your work
right of attribution
require that your work is not treated in any way that hurts your reputation
right of integrity
A work based on or derived from one or more already existing works.
DERIVATIVE WORKS/RE-CREATION
is the use or production of copyright-protected material without the permission of the copyright holder.
COPYRIGHT INFRINGEMENT
is the unauthorized reproduction or use of a copyrighted book
PIRACY
is the act of downloading and or distributing copyrighted material and intellectual property without paying for it.
DIGITAL PIRACY
is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
PATENT
Patents usually lasts for
20 YEARS
occurs when someone uses, makes, sells, or imports a patented invention without obtaining the necessary permission or license from the patent holder.
PATENT INFRINGEMENT
A sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
TRADEMARKS
VALIDITY PERIODS OF TRADEMARK
Valid for 10 years and may be renewed for a period of 10 years
This occurs when one party uses a trademark, logo, or brand name that is confusingly similar to a registered trademark owned by another party.
TRADEMARK INFRINGEMENT
often referred to as “design patents” in some jurisdictions, focuses on the protection of the ornamental or aesthetic aspects of a product’s appearance.
INDUSTRIAL DESIGNS RIGHTS
protects only the appearance or aesthetic features of a product
INDUSTRIAL DESIGN RIGHTS
occurs when someone copies or imitates a protected design without the permission of the original designer or design owner.
INDUSTRIAL DESIGN INFRINGEMENT
are intellectual property (IP) rights on confidential information which may be sold or licensed.
TRADE SECRETS
also known as trade secret misappropriation, occurs when someone improperly acquires, uses, or discloses another party’s trade secrets without authorization.
TRADE SECRETS INFRINGEMENT
are a form of intellectual property protection that is closely related to agriculture, food products, and sometimes traditional crafts and manufacturing.
GEOGRAPHICAL INDICATIONS
occurs when a product is labeled, marketed, or sold in a way that falsely suggests it originates from a specific geographical area
GEOGRAPHICAL INDICATIONS INFRINGEMENT
is a legal doctrine in copyright law that allows limited use of copyrighted material without the copyright owner’s permission
FAIR USE
is an American non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share.
CREATIVE COMMONS
refers to creative works and intellectual property that are not protected by copyright law and are therefore free for anyone to use
PUBLIC DOMAIN