Property
-those
property
rights
which
results
from
the
physical
manifestation
of
an
original
thought.
(Ballantines
Law
Dictionary)
COVERAGE
Intellectual
property
rights
consists
of:
a)
Copyrights
and
related
rights;
b)
Trademarks
and
service
marks;
c)
Geographic
indications;
d)
Industrial
designs;
e)
Patents;
f)
Layout-designs
(Topographies)
of
Integrated
Circuits;
and
g)
Protection
of
Undisclosed
Information.
(Sec.
4)
STATE
POLICY
IN
RESPECT
OF
INTELLECTUAL
PROPERTY
RIGHTS
(IPR)
-There
is
a
declaration
of
State
Policy
that,
among
others,
the
State
recognizes
that
an
effective
intellectual
and
industrial
property
system
is
vital
to
the
development
of
domestic
and
creative
activity,
facilitates
transfer
of
technology,
attracts
foreign
investments
and
ensures
market
access
for
our
products,
hence
it
shall
protect
and
secure
exclusive
rights
of
scientists,
inventors,
artists,
and
other
gifted
citizens
to
their
intellectual
property
and
creations.
(Sec.
2)
INTERNATIONAL
CONVENTION
AND
RECIPROTICY
Any
person
who
is
a
national
or
who
is
domiciled
or
has
a
real
and
effective
industrial
establishment
in
a
country
which
1)
is
a
party
to
any
convention,
treaty,
or
agreement
relating
to
intellectual
property
rights
or
the
repression
of
unfair
competition
to
which
the
Philippines
is
also
a
party,
or
2)
extends
reciprocal
rights
to
nationals
of
the
Philippines
by
law,
shall
be
entitled
to
benefits
to
the
extent
necessary
to
give
effect
to
any
provision
of
such
convention,
treaty,
or
reciprocal
law,
in
addition
to
the
rights
to
which
any
owner
of
an
intellectual
property
rights
is
otherwise
provided
by
law.
(Sec.
3)
REVERSE
RECIPROCITY
OF
FOREIGN
LAWS
Section
231
making
enforceable
on
nationals
of
a
foreign
state
all
conditions,
restrictions,
limitations,
diminutions,
requirements
or
penalties
that
may
be
imposed
by
such
foreign
state
on
a
Filipino
national
seeking
intellectual
property
protection.
v
Reciprocal
application
is
not
automatic
Rather,
the
Phils.
may
apply
to
the
foreign
national
those
restrictions
that
his
country
imposes
on
Filipino
applicants
What
are
TECHNOLOGY
TRANSFER
ARRANGEMENTS?
-contracts
or
agreements
involving
the
transfer
of
systematic
knowledge
for
the
manufacture
of
a
product,
the
application
of
a
process,
or
rendering
of
a
service
-over
decisions
of
the
Director
General
on
the
exercise
of
his
appellate
jurisdiction
of
the
Director
of
Documentation,
Information
and
Technology
Transfer;
AND
-over
decisions
of
the
Director
General
in
the
exercise
of
his
original
jurisdiction
relating
to
the
terms
of
license
involving
the
authors
right.
ADMINISTRATIVE
PENALTIES
IMPOSED
FOR
VIOLATIONS
OF
LAWS
INVOLVING
IPR
-The
Director
for
Legal
Affairs
may
impose
the
ff:
a)
Issuance
of
a
cease
and
desist
order
(CDO);
b)
Acceptance
of
voluntary
assurance
compliance
(VAC)
or
voluntary
assurance
of
discontinuance
(VAD);
c)
Condemnation
or
seizure
of
products
subject
of
the
offense;
d)
Forfeiture
of
properties
used
in
the
commission
of
the
offense;
e)
Imposition
of
administrative
fines;
f)
Cancellation
of
permit,
license,
authority
or
registration;
g)
Withholding
of
permit,
license,
authority
or
registration;
h)
Assessment
of
damages;
i)
Censure;
j)
Analogous
penalties
or
sanctions
(Sec.
10.2
[b])
LAW
ON
PATENTS
PATENT
an
exclusive
right
acquired
over
an
invention,
to
sell,
use,
and
make
the
same
whether
for
commerce
or
industry.
PATENTABLE
INVENTIONS
-any
technical
solution
of
a
problem
in
any
field
of
human
activity
which
is
NEW,
involves
an
INVENTIVE
STEP
and
is
INDUSTRIALLY
APPLICABLE
shall
be
patentable.
The
patentable
invention
may
be,
or
may
relate
to,
a
product,
or
process,
or
an
improvement
of
any
of
the
foregoing.
(Sec.
21)
Requirements:
1)
Technical
solution
of
a
problem
in
any
field
of
human
activity
2)
Novelty
that
which
does
not
form
part
of
a
prior
art
consists
of:
a)
that
which
has
been
made
available
to
the
public
anywhere
in
the
world
before
the
filing
date
or
the
priority
date
of
the
application
b)
that
which
forms
part
of
an
application
whether
for
patent,
utility
or
industrial
design,
effective
in
the
Philippines,
provided
that:
i.
the
inventors
or
applicants
are
not
the
same
ii.
the
contents
of
the
application
are
published
in
accordance
with
the
requirements
of
patent
application
rules.
iii.
the
filing
date
of
the
prior
art
is
earlier.
3)
Inventiveness/Inventive
Step
-an
invention
involves
an
inventive
step
if,
having
regard
to
prior
art,
it
is
not
obvious
to
a
person
skilled
in
the
art
of
the
time
of
the
filing
date
or
priority
date
of
the
application
claiming
the
invention.
(Sec.
26)
4)
Industrial
Applicability
-an
invention
that
can
be
produced
and
used
in
any
industry.
(Sec.
27)
NON-PATENTABLE
INVENTIONS
The
following
shall
be
excluded
from
patent
protection:
a)
Discoveries,
Scientific
Theories
and
Mathematical
Methods;
b)
Schemes,
rules
and
methods
of
performing
mental
acts,
playing
games
or
doing
business,
and
programs
for
computer;
c)
Methods
for
treatment
of
the
human
or
animal
body
by
surgery
or
therapy
and
diagnostic
methods
practiced
on
the
human
or
animal
body;
d)
Plant
varieties
or
animal
breeds
of
essentially
biological
process
for
the
production
of
plants
or
animals;
e)
Aesthetic
creations;
f)
Anything
which
is
contrary
to
public
order
or
morality
(Sec.
22)
RIGHT
TO
A
PATENT
The
right
to
a
patent
belongs:
a)
to
the
inventor,
his
heirs,
or
assigns
b)
when
2
or
more
persons
have
made
the
invention
separately
and
independently
to
them
jointly
c)
if
two
(2)
or
more
persons
have
made
the
invention
separately
and
independently
of
each
other
to
the
person
who
filed
an
application
for
such
invention
(FIRST
TO
FILE
RULE)
d)
where
2
or
more
applications
are
filed
for
the
same
invention
to
the
applicant
who
has
the
earliest
filing
date
or
the
earliest
priority
date
(FIRST
TO
FILE
RULE)
(Sec.
29)
e)
in
case
of
inventions
created
pursuant
to
a
commission
to
the
person
who
commissions
the
work
UNLESS
agreed
otherwise.
f)
in
case
an
employee
made
the
invention
in
the
course
of
his
employment,
the
patent
shall
belong
to:
the
employee
if
invention
not
part
of
his
regular
duties
even
if
he
uses
the
time,
facilities
and
materials
of
the
employer;
OR
the
employer
if
the
invention
is
the
result
of
the
performance
of
his
regularly
assigned
duties
unless
agreed
otherwise.
RIGHTS
ACQUIRED
BY
THE
PATENTEE
The
patentee
acquires
the
following
rights
under
his
patent
TERM
OF
A
PATENT,
UTILITY
MODEL,
INDUSTRIAL
DESIGN
a)
Patent
20
yrs
from
the
filing
date
of
application,
without
renewal
b)
Utility
model
7
yrs,
w/out
renewal
c)
Industrial
design
5
yrs,
renewable
twice
UTILITY
MODELS
-models
of
implement
or
tools
of
any
industrial
product
even
if
not
possessed
of
the
quality
of
invention
but
which
is
of
practical
utility
INDUSTRIAL
DESIGN
-any
composition
of
lines
or
colors
or
any
three-dimensional
form,
whether
or
not
associated
with
lines
or
colors
provided
that
such
composition
or
form
gives
a
special
appearance
to
and
can
serve
as
pattern
for
an
industrial
product
or
handicraft.
CANCELLATION
OF
PATENTS
Who
may
file?
any
person
IPO
motu
proprio
Grounds:
a)
That
the
patent
is
invalid
(Sec.
81);
b)
That
what
is
claimed
as
the
invention
is
not
new
or
patentable;
c)
That
the
patent
does
not
disclose
the
invention
in
a
manner
sufficiently
clear
and
complete
for
it
to
be
carried
out
by
any
person
skilled
in
the
art;
or
d)
That
the
patent
is
contrary
to
public
order
or
morality.
(Sec.
61)
e)
failure
to
make
payments
of
annual
fees
or
dues
Where
to
file?
BLA
if
in
violation
of
IPC
(administrative)
RTC
otherwise
INFRINGEMENT
-the
making,
using,
offering
for
sale,
selling
or
importing
a
patented
product
or
a
product
obtained
directly
or
indirectly
from
a
patented
process
or
the
use
of
a
patented
process
without
the
authorization
of
the
patentee.
(Sec.
76)
TEST
OF
PATENT
INFRINGEMENT
1)
Literal
Infringement
resort
is
had
to
the
words
of
the
claim.
2)
Doctrine
of
Equivalents
if
two
devices
do
the
same
work
in
substantially
the
same
way,
the
same
result,
and
produce
substantially
the
same
result,
they
are
the
same
even
though
they
differ
in
name,
form,
or
shape.
REMEDIES
IN
CASE
OF
INFRINGEMENT
A)
File
civil
case
for
the
following
purposes:
1)
To
recover
from
the
infringer
such
damages
as
the
court
may
award
considering
the
circumstances
of
the
case
provided
it
shall
not
exceed
3
times
the
amount
of
the
actual
damages
sustained
plus
attorneys
fees
and
other
expenses
of
litigation;
2)
To
secure
an
injunction
for
the
protection
of
his
rights;
3)
To
receive
a
reasonable
royalty,
if
the
damages
are
inadequate
or
cannot
be
readily
ascertained
with
reasonable
certainty;
4)
To
have
the
infringing
goods,
materials
and
implements
predominantly
used
in
the
infringement
disposed
of
outside
the
channels
of
commerce,
or
destroyed
without
compensation;
5)
To
hold
the
contributory
infringer
jointly
and
severally
liable
with
the
infringer.
B)
File
criminal
case
within
3
years
from
date
of
commission
of
the
crime
for
repetition
of
infringement
(Sec.
84)
LAW
ON
TRADEMARKS
TRADEMARK
anything
which
is
adopted
and
used
to
identify
the
source
of
origin
of
goods,
and
which
is
capable
of
distinguishing
them
from
goods
emanating
from
a
competitor
SERVICE
MARK
distinguishes
the
services
of
an
enterprise
from
the
service
of
other
enterprises.
It
performs
for
services
what
a
trademark
does
for
goods.
COLLECTIVE
MARK
-
any
visible
sign
designated
as
such
in
the
application
for
registration
and
capable
of
distinguishing
the
origin
or
any
other
common
characteristic,
including
the
quality
of
goods
and
services
of
different
enterprises
which
use
the
sign
under
the
control
of
the
registered
owner
of
the
collective
mark
(Sec.
121.2)
TRADE
NAMES
the
person
(whether
natural
or
juridical)
who
does
business
and
produces
the
goods
or
the
services
is
designated
by
a
trade
name.
-Under
the
law,
there
is
no
need
to
register
trade
names
in
order
to
secure
protection
for
them.
TRADE
DRESS
involves
the
total
image
of
a
product,
including
such
features
as
size,
shape,
color
or
color
combinations,
texture,
and/or
graphics.
HOW
MARKS
ARE
ACQUIRED
-Under
RA
8293,
the
rights
in
a
mark
shall
be
acquired
through
registration
made
validly
in
accordance
with
its
provisions.
(Sec.
122)
-This
proposition
of
law,
however,
may
not
be
converted
for
it
is
not
true
that
where
there
is
no
registration,
there
is
no
protection.
Acquisition
through
use
-Whether
or
not
a
registered
trademark
is
employed,
when
a
person
has
identified
in
the
mind
of
the
public
the
goods
he
manufactures
or
deals
in
his
business
or
services
from
those
of
others,
such
a
person
has
a
property
right
in
the
goodwill
of
said
goods
or
services
which
will
be
protected
in
the
same
manner
as
other
property
rights
(Sec.
168.1)
RIGHTS
CONFERRED
-the
owner
of
a
registered
mark
shall
have
the
exclusive
right
to
prevent
all
third
parties
not
having
the
owners
consent
from
using
in
the
course
of
trade
identical
or
similar
signs
or
containers
for
goods
or
services
which
are
identical
or
similar
to
those
in
respect
of
which
the
trademark
is
registered
where
such
use
would
result
in
a
likelihood
of
confusion.
(Sec.
147)
DURATION
-the
certificate
of
registration
of
a
trademark
shall
be
ten
(10)
years
from
the
filing
date
of
application
provided
the
registrant
shall
file
a
declaration
of
actual
use
within
a
year
from
the
5th
anniversary
of
registration
date
(Sec.
145)
-renewable
for
another
10
yrs.
(Sec.
146)
NON-REGISTRABLE
TRADEMARKS,
TRADE
NAMES
AND
SERVICE
MARK
A
mark
cannot
be
registered
if
it:
a)
Consists
of
immoral,
deceptive
or
scandalous
matter,
or
matter
which
may
disparage
or
falsely
suggest
a
connection
with
persons,
living
or
dead,
institutions,
beliefs,
or
national
symbols,
or
bring
them
into
contempt
or
disrepute;
b)
Consists
of
the
flag
or
coat
of
arms
or
other
insignia
of
the
Philippines
or
any
of
its
political
subdivisions,
or
of
any
foreign
nation,
or
any
simulation
thereof;
c)
Consists
of
a
name,
portrait
or
signature
identifying
a
particular
living
individual
except
by
his
written
consent,
or
the
name,
signature,
or
portrait
of
a
deceased
President
of
the
Philippines,
during
the
life
of
his
widow,
if
any,
except
by
written
consent
of
the
window;
d)
Is
identical
with
a
registered
mark
belonging
to
a
different
proprietor
or
a
mark
with
an
earlier
filing
or
priority
date,
in
respect
of:
(i)
The
same
gods
or
services,
or
(ii)
Closely
related
goods
or
services,
or
(iii)
If
it
nearly
resembles
such
a
mark
as
to
be
likely
to
deceive
or
cause
confusion;
e)
Is
identical
with,
or
confusingly
similar
to,
or
constitutes
a
translation
of
a
mark
which
is
considered
by
the
competent
authority
of
the
Philippines
to
be
well-known
internationally
and
in
the
Philippines,
whether
or
not
it
is
registered
here,
as
being
already
the
mark
of
a
person
other
than
the
applicant
for
registration,
and
used
for
identical
or
similar
goods
or
services:
provided,
that
in
determining
whether
a
mark
is
well-known,
account
shall
be
taken
of
the
knowledge
of
the
relevant
sector
of
the
public,
rather
than
of
the
public
at
large,
including
knowledge
in
the
Philippines
which
has
been
obtained
as
a
result
of
the
promotion
of
the
mark;
f)
Is
identical
with,
or
confusingly
similar
to,
or
constitutes
a
translation
of
a
mark
considered
well-known
in
accordance
with
the
preceding
paragraph,
which
is
registered
in
the
Philippines
with
respect
to
goods
or
services
which
are
not
similar
to
those
with
respect
to
which
registration
is
applied
for:
provided,
that
use
of
the
any
person
who
believes
that
he
is
and
will
be
damaged
by
the
registration
of
a
mark
Where
to
file?
BLA
Grounds:
a)
Mark
becomes
generic
for
goods
for
which
it
is
registered;
b)
Abandonment
of
the
mark;
c)
Registration
obtained
fraudulently
or
contrary
to
provisions
of
RA
8293;
d)
Mark
used
by,
or
with
permission,
or,
registrant;
e)
Failure
to
use
the
mark
within
the
Philippines
for
3
uninterrupted
years
or
longer.
EFFECTS
OF
NON-USE
may
be
excused
if
caused
by
circumstances
arising
independently
of
the
will
of
the
trademark
owner,
such
as
military
coup,
or
political
changes
that
impede
commerce
Registration
is
an
administrative
act
declaratory
of
a
pre-existing
right
that
does
not,
of
itself,
perfect
a
trademark,
for
what
does
is
actual
use
Non-use
is
a
ground
for
removing
a
mark
from
the
register
DOCTRINE
OF
SECONDARY
MEANING
-While
a
generic,
indicative
or
descriptive
mark
will,
as
a
general
rule,
be
denied
registration,
there
is
a
circumstance
that
will
allow
it
to
be
registered.
Under
the
doctrine
of
secondary
meaning,
when
a
mark
has
become
distinctive
of
the
applicants
gods
in
commerce
and,
in
the
mind
of
the
public,
indicates
a
single
source
of
consumers,
it
may
be
registered.
WHAT
CONSTITUTES
AN
INFRINGEMENT
-Under
RA
8293,
any
person
shall,
without
the
consent
of
the
owner
of
the
registered
mark:
1)
Use
in
commerce
any
reproduction,
counterfeit,
copy,
or
colorable
imitation
of
a
registered
mark
or
the
same
container
or
a
dominant
feature
thereof
in
connection
with
the
sale,
offering
for
sale,
distribution,
advertising
any
goods
or
services
including
other
preparatory
steps
necessary
to
carry
out
the
sale
of
any
goods
or
services
on
or
in
connection
with
which
such
use
is
likely
to
cause
confusion,
or
to
cause
mistake,
or
to
deceive;
or
2)
Reproduce,
counterfeit,
copy
or
colorably
imitate
a
registered
mark
or
a
dominant
feature
thereof
and
apply
such
reproduction,
counterfeit,
copy,
or
colorable
imitation
to
labels,
signs,
prints,
packages,
wrappers,
receptacles,
or
advertisements
intended
to
be
used
in
commerce
upon
or
in
connection
with
the
sale,
offering
for
sale,
distribution,
or
advertising
of
goods
or
services
on,
or
in
connection
with
which
such
use
is
likely
to
cause
confusion,
or
to
cause
mistake,
or
to
deceive,
shall
be
liable
for
infringement.
(Sec.
155)
TEST
OF
TRADEMARK
INFRINGEMENT
REMEDIES
AGAINST
UNFAIR
COMPETITION
a)
Damages
which
may
either
be:
reasonable
profit
which
would
have
realized,
or
actual
profits
collected
by
the
defendant,
or
a
certain
percentage
over
the
gross
sales
of
defendant
in
case
of
the
measure
of
damages
cannot
be
readily
ascertained;
b)
Damages
may
be
doubled
in
cases
where
actual
intent
to
mislead
the
public
or
to
defraud
the
complaint
is
shown;
c)
Impounding
of
sales
invoices
and
other
documents
evidencing
sales;
d)
Injunction
e)
Destruction
of
goods
found
to
be
infringing,
and
all
paraphernalia.
LAW
ON
COPYRIGHT
COPYRIGHT
system
of
legal
protection
an
author
enjoys
in
the
form
of
expression
of
ideas
BASIC
PRINCIPLES
Works
are
protected
by
the
sole
fact
of
their
creation,
irrespective
of
their
mode
or
form
of
expression,
as
well
as
their
content,
quality
or
purpose
(Sec.
172.2)
Protection
extends
only
to
the
expression
of
the
idea,
not
to
the
idea
itself
or
to
any
procedure,
system,
method
or
operation,
concept
or
principle,
discovery
or
mere
data.
CREATION
OF
A
WORK
A
copyright
work
is
created
when
the
two(2)
requirements
are
met:
1)
Originality
does
not
mean
novelty
or
ingenuity,
neither
uniqueness
nor
creativity.
It
simply
means
that
the
work
owes
its
origin
to
the
author
2)
Expression
there
must
be
fixation
To
be
fixed,
a
work
must
be
embodied
in
a
medium
sufficiently:
permanent;
or
stable
to
permit
it
to
be
perceived,
reproduced,
or
otherwise
communicated
for
a
period
of
more
than
transitory
duration.
-if
it
is
not
required
that
the
medium
be
visible
as
long
as
there
is
a
possibility
of
retrieval,
then
there
is
fixation
-it
is
fixation
that
defines
the
time
from
when
copyright
subsists.
Before
fixation,
there
can
be
no
infringement.
WORKS
PROTECTED
BY
COPYRIGHT
A.
Original
Work
-
Literary
and
artistic
works
are
original
intellectual
creations
in
the
literary
and
artistic
domain
protected
from
the
moment
of
their
creation,