INTELLECTUAL

PROPERTY RIGHT

CONTEXT
According THE
to theIPR
World
Intellectual Property
Organization (WIPO), intellectual property (IP) is
divided into two categories, namely, industrial
property and copyright. Industrial property includes
inventions (patents), trademarks, industrial designs,
and geographic indications of source; while
copyright includes literary and artistic works such
as novels, poems and plays, films, musical works,
artistic works such as drawings, paintings,
photographs and sculptures, and architectural
designs.
However, exclusive rights of the scientists,
researchers, inventors, artists, and other gifted
citizens in our country are not suitably protected as
they should be. Most of them have apprehensions in

INTELLECTUAL PROPERTY RIGHT

(IPR)

The term"intellectual property rights"consists of:

Copyright and Related Rights
Trademarks and Service Marks
Geographic Indications
Industrial Designs
Patents
Layout-Designs
Circuits

(Topographies)

of

Protection of Undisclosed Information

Integrated

GOVERNMENT AGENCIES
The agency of the government in charge of the
implementation of the Intellectual Property Code is
the Intellectual Property Office which replaced the
Bureau of Patents, Trademarks and Technology
Transfer. It is divided into six [6] Bureaus, namely:
Bureau of Patents
Bureau of Trademarks
Bureau of Legal Affairs
Documentation, Information and Technology
Transfer Bureau
Management Information System and EDP Bureau
Administrative, Financial and Personnel Services
Bureau.

INTELLECTUAL PROPERTY OFFICE

The Intellectual Property Office of the Philippines

(IPOPHL) is the lead agency responsible for handling
the registration and conflict resolution of intellectual
property rights. It was created by virtue of Republic
Act No. 8293 or the Intellectual Property Code of
the Philippines, which took effect on January 1,
1998 under the presidency of Fidel V. Ramos.

PATENTS
APatentis a grant issued by the government
through the Intellectual Property Office of the
Philippines. It is an exclusive right granted for a
product, process or an improvement of a product or
process which is new, inventive and useful. This
exclusive right gives the inventor the right to
exclude others from making, using, or selling the
product of his invention during the life of the
patent.
A patent has a term of protection of twenty (20)
years providing an inventor significant commercial
gain. In return, the patent owner must share the full
description of the invention.

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.

NON-PATENTABLE INVENTIONS
Discovery
Scientific theory
Mathematical methods
Scheme, rule and method of
performing mental act
playing games
doing business
program for computer
Method for treatment human or animal body
by surgery or therapy & diagnostic method
Plant variety or animal breed or essentially
biological processes for the production of plants
and animals
Aesthetic creation
Contrary to public order ormorality

REQUIREMENT FOR PATENTABILITY

NOVELTY
INVENTIVE STEP
INDUSTRIAL APPLICABILITY

REQUIREMENTS FOR FILING A

PATENT
Request for the Grant of Patent
Description of the Invention(Specification and
Claim/s)
Drawings necessary for the Invention (if any)
Filing Fee

TRADEMARKS
"Mark"means any visible sign capable of
distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include a
stamped or marked container of goods.
A trademark is a tool used that differentiates
goods and services from each other. It is a very
important marketing tool that makes the public
identify goods and services. A trademark can be
one word, a group of words, sign, symbol, logo, or a
combination of any of these. Generally, a trademark
refers to both trademark and service mark,
although a service mark is used to identify those
marks used for services only.

TRADEMARK PROTECTION
A trademark can be protected through registration.
Registration gives the trademark owner the
exclusive right to use the mark and to prevent
others from using the same or similar marks on
identical or related goods and services.
Before applying for trademark registration, it would
help if you conduct a search in the trademarks
database to determine if there are identical or
similar marks that would prevent the registration of
your mark. This is to prevent future conflicts with
marks that are already registered or with earlier
filing dates.

TRADEMARK REGISTRATION
The name and address of the applicant
The name of a State of which the applicant is a
national or where he has domicile
Where the applicant is a juridical entity, the law
under which it is organized and existing
The appointment of an agent or representative, if
the applicant is not domiciled in the Philippines

TRADEMARK
REGISTRATION
Where
the applicant claims
the priority of an
earlier application, an indication of:
The name of the State with whose national
office the earlier application was filed or it filed
with an office other than a national office, the
name of that office
The date on which the earlier application was
filed
Where available, the application number of the
earlier application
Where the applicant claims color as a distinctive
feature of the mark, a statement to that effect as
well as the name or names of the color or colors
claimed and an indication, in respect of each color,
of the principal parts of the mark which are in that
color;

TRADEMARK REGISTRATION

Where the mark is a three-dimensional mark, a

statement to that effect
One or more reproductions of the mark, as
prescribed in the Regulations
A transliteration or translation of the mark or of
some parts of the mark, as prescribed in the
Regulations

TRADEMARK REGISTRATION

The names of the goods or services for which the

registration is sought, grouped according to the
classes of the Nice Classification, together with the
number of the class of the said Classification to
which each group of goods or services belongs
A signature by, or other self-identification of, the
applicant or his representative.

Copyright is theCOPYRIGHT
legal protection extended to the
owner of the rights in an original work.
Original work refers to every production in the
literary, scientific and artistic domain. Among the
literary and artistic works enumerated in the IP
Code includes books and other writings, musical
works, films, paintings and other works, and
computer programs.
Works are protected by the sole fact of their
creation, irrespective of their mode or form of
expression, as well as their content, quality and
purpose. Thus, it does not matter if, in the eyes of
some critics, a certain work has little artistic value.
So long as it has been independently created and
has a minimum of creativity, the same enjoys

WORKS COVERED BY COPYRIGHT

PROTECTION
Books, pamphlets, articles and other writings
Periodicals and newspapers
Lectures, sermons, addresses, dissertations
prepared for oral delivery, whether or not reduced
in writing or other material form
Letters
Dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb
shows
Musical compositions, with or without words

WORKS COVERED BY COPYRIGHT

PROTECTION
Works of drawing, painting, architecture,
sculpture, engraving, lithography or other work of
art; models or designs for works of art
Original ornamental designs or models for articles
of manufacture, whether or not registrable as an
industrial design, and other works of applied art
Illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography,
topography, architecture or science
Drawings or plastic works of a scientific or
technical character

WORKS COVERED BY COPYRIGHT

PROTECTION
Photographic works including works produced by
a process analogous to photography; lantern slides
Audiovisual works and cinematographic works
and works produced by a process analogous to
cinematography or any process for making audiovisual recordings
Pictorial illustrations and advertisements
Computer programs
Other literary, scholarly, scientific and artistic
works.

TERM OF PROTECTION OF
COPYRIGHT
In general, the term of protection of copyright for
original and derivative works is the life of the author
plus fifty (50) years after his death. The Code
specifies the terms of protection for the different
types of works.
In calculating the term of protection, the term of
protection subsequent to the death of the author
shall run from the date of his death or of
publication, but such terms shall always be deemed
to begin on the first day of January of the year
following the event which gave rise to them (i.e.
death, publication, making).

COPYRIGHT INFRINGEMENT
Copyright infringement consists in infringing any
right secured or protected under the Code. It may
also consist in aiding or abetting such infringement.
The law also provides for the liability of a person
who at the time when copyright subsists in a work
has in his possession an article which he knows, or
ought to know, to be an infringing copy of the work
for the purpose of:
Selling or letting for hire, or by way of trade
offering or exposing for sale or hire, the article
Distributing the article for the purpose of trade,
or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the
work
Trade exhibit of the article in public.

COPYRIGHT REGISTRATION
A duly accomplished form in duplicate for each
work, provided, that a separate application is
submitted for each number of a periodical
containing a notice of copyright.
A support document evidencing ownership of the
copyright, the manner of its acquisition if the
claimant is not the original author translator, or
editor, and where and in what establishment the
work was made, performed, printed, or produced,
and the date of its completion and publication.
Receipt showing payment of the registration fee if
the application is filed personally, or by postal
money order if the application is filed by registered
mail.

COPYRIGHT REGISTRATION
Documentary stamps in the correct amount,
which shall be affixed to the registration and
deposit certificate.
Two (2) complete copies or reproduction of the
work or replica or picture
Two (2) printed copies with the copyright notice
printed in front or at the back of the title page or on
any conspicuous space for a non-book material, if
the work is a published work.

COPYRIGHT REGISTRATION
Documentary stamps in the correct amount,
which shall be affixed to the registration and
deposit certificate.
Two (2) complete copies or reproduction of the
work or replica or picture
Two (2) printed copies with the copyright notice
printed in front or at the back of the title page or on
any conspicuous space for a non-book material, if
the work is a published work.

INDUSTRIAL
DESIGN
An industrial
design is the ornamental
or aesthetic
aspect of an article. The design may consist of
three-dimensional features, such as the shape or
surface of an article, or of two-dimensional features,
such as patterns, lines or color.
Industrial designs are applied to a wide variety of
products of industry and handicraft: from technical
and medical instruments to watches, jewelry, and
other luxury items; from house wares and electrical
appliances to vehicles ; from textile designs to
leisure goods.
To be protected under
industrial design must
means that an industrial
aesthetic nature and any

most national laws, an

be non-functional. This
design is primarily of an
technical features of the

DESIGN PROTECTION
When an industrial design is protected, the owner
the person or entity that has registered the design
is assured an exclusive right against unauthorized
copying or imitation of the design by third parties.
This helps to ensure a fair return on investment. An
effective system of protection also benefits
consumers and the public at large, by promoting
fair competition and honest trade practices,
encouraging creativity, and promoting more
aesthetically attractive products.

UTILITY MODELS
A Utility Model is a protection option, which is
designed to protect innovations that are not
sufficiently inventive to meet the inventive
threshold required for standard patents application.
It may be any useful machine, implement, tools,
product, composition, process, improvement or part
of the same, That is of practical utility, novelty and
industrial applicability.
A utility model is entitled to seven (7) years of
protection from the date of filing, with no possibility
of renewal.

UTILITY MODELSREGISTRATION
An application for registration should contain a duly
accomplished request for registration as prescribed
by the Bureau, specification or description
containing the following:
Title
Technical field
Background of the Utility Model
Brief description of the several views of the
drawings
Detailed description
Claim or claims
Drawings
Abstract of the disclosure.