Republic of the Philippines

NUEVA VIZCAYA STATE UNIVERSITY

Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022

COLLEGE OF ENGINEERING
Bayombong Campus

DEGREE PROGRAM BSCE COURSE NO. TECHNO101

SPECIALIZATION COURSE TITLE TECHNOPRENUERSHIP
YEAR LEVEL 2 TIME FRAME 6HRS WK NO. IM NO. 4

I. UNIT TITLE/CHAPTER TITLE

CHAPTER 6

II. LESSON TITLE

Introduction to Intellectual Property

III. LESSON OVERVIEW

Intellectual property describes a wide variety of property created by musicians, authors, artists,
and inventors. The law of intellectual property typically encompasses the areas of Copyright, Patents,
and trademark law. It is intended largely to encourage the development of art, science, and information
by granting certain property rights to all artists, which include inventors in the arts and the sciences.
These rights allow artists to protect themselves from infringement, or the unauthorized use and misuse
of their creations. Trademarks and service marks protect distinguishing features (such as names or
package designs) that are associated with particular products or services and that indicate commercial
source.
Copyright laws have roots in eighteenth-century English Law. Comprehensive patent laws can
be traced to seventeenth-century England, and they have been a part of U.S. law since the colonial
period. The Philippine copyright law or officially known as the Republic Act No. 8293 is based on the
copyright law of the United States. The Philippine copyright law also protects trademarks, patents and
even various forms of intellectual property. You might have also heard about the Optical Media Act,
which aims to protect local artists against piracy. The same Act protects computer programs and video
games. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the
registration and conflict resolution of intellectual property rights and to enforce the copyright laws.
IPOPHL 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.

IV. DESIRED LEARNING OUTCOMES

1. Discuss the Intellectual property rights and innovations.
2. Generate an innovation that can be patented and copyrighted.

V. LESSON CONTENT

INTRODUCTION TO INTELLECTUAL PROPERTY

Intellectual Property
- Intellectual property refers to creations of the mind. It can be an invention (patent / utility
model), a design (industrial design), a brand name (trademark, or a literary and artistic
works (copyright))
INVENTIONS LITERARY AND DESIGN “BRANDS” SYMBOLS,
ARTISTIC WORKS NAMES AND IMAGES
USED IN COMMERCE
The Intellectual Property System
- IP is protected by different laws and mechanisms.
PATENTS COPYRIGHT TRADEMARKS UTILITY MODEL INDUSTRIAL
DESIGN

➢ Enables people to earn recognition and financial benefit from what they invent or create.
➢ Aims to foster a balanced environment in which creativity and innovation can flourish.

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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 Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022
Intellectual Property are intangible rights protecting the products of human intelligence and
creation, such as copyrightable works, patented inventions, Trademarks, and trade secret s.
Intellectual property rights are customarily divided into two main areas:
1. Copyright and rights related to copyright.
The rights of authors of literary and artistic works (such as books and other writings,
musical compositions, paintings, sculpture, computer programs and films) are protected by
copyright, for a minimum period of 50 years after the death of the author.
Also protected through copyright and related (sometimes referred to as “neighbouring”)
rights are the rights of performers (e.g. actors, singers and musicians), producers of
phonograms (sound recordings) and broadcasting organizations. The main social purpose of
protection of copyright and related rights is to encourage and reward creative work.

2. Industrial property
Industrial property can usefully be divided into two main areas:
a. One area can be characterized as the protection of distinctive signs, in particular trademarks
(which distinguish the goods or services of one undertaking from those of other
undertakings) and geographical indications (which identify a good as originating in a place
where a given characteristic of the good is essentially attributable to its geographical origin).
The protection of such distinctive signs aims to stimulate and ensure fair competition and to
protect consumers, by enabling them to make informed choices between various goods and
services. The protection may last indefinitely, provided the sign in question continues to be
distinctive.
b. Other types of industrial property are protected primarily to stimulate inno vation, design and
the creation of technology. In this category fall inventions (protected by patents), industrial
designs and trade secrets.

▪ The social purpose is to provide protection for the results of investment in the development
of new technology, thus giving the incentive and means to finance research and
development activities.
▪ A functioning intellectual property regime should also facilitate the transfer of technology in
the form of foreign direct investment, joint ventures and licensing.
▪ The protection is usually given for a finite term (typically 20 years in the case of patents).
▪ While the basic social objectives of intellectual property protection are as outlined above, it
should also be noted that the exclusive rights given are generally subject to a number of
limitations and exceptions, aimed at fine-tuning the balance that has to be found between
the legitimate interests of right holders and of users.
The World Trade Organization (WTO) deals with the global rules of trade between nations. Its
main function is to ensure that trade flows as smoothly, predictably and freely as possible.

The intellectual property family tree

IP

INDUSTRIAL COPYRIGHT SUI GENERIS

PROPERTY PROTECTION FOR
TRADITIONAL
KNOWLEDGE

PATENTS DESIGN BRANDS

Invention
- A product or a process that provides, in general, a new way of doing something, or
offers a new technical solution to a problem.

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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 Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022
PATENT
An invention patent is a government-issued grant, bestowing an exclusive right to an
inventor over a product or process that provides any technical solution to a problem in any
field of human activity which is new, inventive, and industrially applicable.
 BENEFITS
A patent is an exclusive right that allows the inventor to exclude others from making,
using, or selling the product of his invention during the life of the patent. Patent owners
may also give permission to, or license, other parties to use their inventions on mutually
agreed terms. Owners may also sell their invention rights to someone else, who then
becomes the new owner of the patent.
 ELIGIBILITY
The Intellectual Property Code of the Philippines sets three conditions for an invention
to be deemed patentable: it has to be new, involves an inventive step, and industrially
applicable.
1. New: New characteristic not known in the body of existing knowledge (prior
art) in its technical field.
2. Inventive step: non-obviousness, cannot be deduced by a person with
average knowledge in its technical field at the time of the filing date or priority
date of the application claiming the invention.
3. Industrially applicable: The invention must be of practical use or capable of
some kind of industrial application.
If these conditions are not met: A patent should not be granted. If this i s discovered
later, patents can be revoked or invalidated.
 TERM OF PROTECTION
The term of a patent shall be twenty (20) years from the filing date of the application.
The patent must be maintained yearly, starting from the 5th year.
TRADEMARK
A trademark is a word, a group of words, sign, symbol, log o or a combination thereof that
identifies and differentiates the source of the goods or services of one entity from those of
others.
 The proprietor of a registered trademark has exclusive rights in the trademark which
are infringed by use of the trademark in the given territory without his consent.
 BENEFITS
A trademark protects a business’ brand identity in the marketplace.
Registration of it gives the owner the exclusive rights to prevent others from using or
exploiting the mark in any way.
Aside from being a source-identifier, differentiator, quality indicator, and an advertising
device, a protective mark may also bring another stream of income to the owner through
licensing or franchising.
 ELIGIBILITY
Generally, the sign must be capable of distinguishing the goods or services of one
undertaking from the goods or services of another. A failure to comply with this
requirement constitutes an absolute ground for refusal of registration .
 TERM OF PROTECTION
A trademark can be protected in perpetuity if regularly monitored and properly
maintained. The period of protection is ten (10) years from the date of registration and
is renewable for a period of ten (10) years at a time.
Very few restrictions on what can be a sign
▪ Words
▪ Designs

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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 Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022
▪ Letters
▪ Numerals
▪ The shape of goods or their packaging
▪ Slogans
▪ Colours
▪ Sounds
▪ Smells
▪ Gestures
▪ Tats

A graphic representation is one which utilizes images, lines or characters. In order to render
a sign registrable as a trademark, the graphic representation must be clear, precise, self-
contained, easily accessible, intelligible, durable and objective.
In addition, a representation must be sufficiently accessible and intelligible and not require
excessive efforts to be taken for the public to understand it.
Categories of absolute grounds
Exclusion from registrability of signs that are:
→ Non-distinctive (ex: single letters or numerals)
→ Descriptive (ex: BABYDRY for nappies)
→ Generic (ex: aspirin, escalator, sellotape, hoover)
→ Contrary to public policy or morality
→ Likely to deceive the public
→ Prohibited by law
→ Made in bad faith
Relative grounds for refusing to register a trademark:
Trademark infringement
The proprietor of a registered trademark has exclusive rights in the trademark which are
infringed by use of the trademark in the given territory without his consent.
Invalidity and revocation
A trademark may be declared invalid if it was registered in breach of one of the
absolute or relative grounds for refusal.

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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 Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022
A trademark may be revoked
▪ For non-use
▪ For suspension of use
▪ If the trademark has become the “common name in the trade” (generic)
▪ If the trademark has been used in a way so that it is liable to mislead the public
(deceptive)
Defenses - use of name or address, descriptive use and intended purpose.
Usually, a registered trademark is not infringed by:
- The use by a person of his own name or address
- The use of indications concerning the kind, quality intended purpose, value,
geographical origin, the time of production of goods or of rendering of service, or other
characteristics of goods and services.
- The use of the TM where it is necessary to indicate the intended purpose of a product
or service.
- In comparative advertising.
Provided that the use is in accordance with honest practices in industrial and commercial
matters.

Geographical Indications
 A sign used on goods that have a specific geographical origin (the name of the place
of origin of the goods and/or symbols without literally naming its place of origin).
 Possess qualities, reputation or characteristics that are essentially attributable to that
place of origin.
 In short, to be distinct due to geographical location
Why Geographical Indications?
• Identify its source
• Indicate the unique qualities
• Promote the product with a distinguishing name
• Prevent infringement and unfair competition
“Appellations of Origin”
Stronger link with the place of origin
o exclusively or essential quality or characteristics due to geographical origin
o the raw materials and the processing

INDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of an article. Design, in this
sense, may be three-dimensional features (shape or surface of an article), or the two-
dimensional features (patterns or lines of color). Handicrafts, jewelry, vehicles, appliances - the
subject of industrial designs range from fashion to industrial goods.
 BENEFITS
The owner of a registered industrial design has the right to prevent third parties from
making, selling or importing articles bearing or embodying a design which is a copy, or
substantially a copy, of the protected design, when such acts are undertaken for
commercial purposes.

 ELIGIBILITY
In order to be registrable, an industrial design must be a new or original creation.

The following industrial designs shall not be registrable:

a) Industrial designs that are dictated essentially by technical or functional
considerations to obtain a technical result;

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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 Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022
b) Industrial designs which are mere schemes of surface ornamentations existing
separately from the industrial product or handicraft; and
c) Industrial designs which are contrary to public order, health, or morals.

 TERM OF PROTECTION
The registration for an industrial design is for a period of 5 years from the filing date
of the application. The registration of an industrial design may be renewed for not more
than two (2) consecutive periods of five (5) years each by paying a renewal fee. The fee
should be paid within a year of the expiration of the registration.
Industrial design registrations are governed by some of the same provisions that apply
to patents.
Why protect industrial designs?
- A design is what makes a product attractive and appealing
- contributes to commercial value and marketability
- promotes fair competition and honest trade practices
- helps economic development, by encouraging creativity
COPYRIGHT
Copyright is the legal protection extended to the owner of the rights in an original work.
“Original work” refers to intellectual creation in the literary, scientific and artistic domain.
Among the literary and artistic works enumerated in the IP Code are books and other
writings, musical works, films and photographic works, ornamental designs or models of
manufacture, paintings, sculptures, and other works of arts, as well as computer programs
and mobile apps, etc.
The IP Code grants authors, artists, and other creators, automatic protection for their literary
and artistic creations, from the moment they create it.
 BENEFITS
The creators of works protected by copyright hold the exclusive right to use or
authorize others to use the work on agreed terms.
The right holder(s) of a work can authorize or prohibit: its reproduction in all forms,
including print form and sound recording, public performance and communication to the
public, broadcasting, translation into other languages, and adaptati on, such as from a
novel to a screenplay for a film.
 ELIGIBILITY
Works covered by copyright that can be deposited with IPOPHL are, but are not limited
to: novels, poems, plays, reference works, newspapers, advertisements, computer
programs, databases, films, musical compositions, choreography, paintings, drawings,
photographs, sculpture, architecture, maps and technical drawings.
 TERM OF PROTECTION
The term of protection for copyright in literary and artistic works, and in derivative works
is generally the lifetime of the author plus fifty (50) years. However, different rules may
apply in:
- Works of joint authorship
- Works of anonymous or pseudonymous works
- Photographic works
- Works of applied art
- Audio-visual works

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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 Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022
UTILITY MODEL
A registrable utility model is any technical solution to a problem in any field of human activity
which is new and industrially applicable. It may or may not have an inventive step.
 BENEFITS
A Utility Model (UM) allows the right holder to prevent others from commercially
using the registered UM without his authorization, provided that the UM is new based on
the Registrability Report. Compared with invention patents, it is relatively inexpensive,
faster to obtain, and with less stringent patentability requirements.
 ELIGIBILITY
Any technical solution of a problem in any field of human activity which is new and
industrially applicable shall be registrable.
The provisions regarding “Non-Patentable Inventions” as provided for in Part 2, Rule 202
of the Regulations for Patents shall apply, mutatis mutandis, to non -registrable utility
models:
1. Discoveries, scientific theories and mathematical methods;
2. Schemes, rules and methods of performing mental acts, playing games or doing
business, and programs for computers;
3. Methods for treatment of the human or animal body by surgery or therapy and
diagnostic methods practiced on the human or animal body. This provision shall not
apply to products and composition for use in any of these methods;
4. Plant varieties or animal breeds or essentially biological process for the production
of plants or animals. This provision shall not apply to micro-organisms and non-
biological and microbiological processes.
5. Provisions under this subsection shall not preclude Congress to consider the
enactment of a law providing sui generis protection of plant varieties and animal
breeds and a system of community intellectual rights protection:
6. Aesthetic creations; and
7. Anything which is contrary to public order or morality.

 TERM OF PROTECTION
A utility model is entitled to seven (7) years of protection from the date of filing, with no
possibility of renewal.

PHILIPPINE LAWS ON INTELLECTUAL PROPERTY

R.A. 8293
An Act prescribing the Intellectual Property Code and establishing the Intellectual
Property Office, providing for its powers and functions, and for other purposes .
R.A. 165
An Act creating a patent office, prescribing its powers and duties, regulating the issuance
of patents, and appropriating funds therefore.
R.A. 166
An Act to provide for the registration and protection of trade-marks, trade-names, and
service marks, defining unfair competition and false marking and providing remedies
against the same, and for other purposes.
PRESIDENTIAL DECREE NO. 49
Decree on the protection of intellectual property.

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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 Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.:TECHO101-2S-2021-2022
VI. LEARNING ACTIVITY
Activity 1
Research the full context of the Intellectual property code of the Philippines and the Law of
Patents

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. It may be, or may
relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No.165a).

Activity No.2
Enumerate some patents that we have in our school or in your barangay.

VII. EVALUATION
VIII. ASSIGNMENT
1. Why protect industrial designs?
2. How can industrial designs be protected?
3. What is the legal definition of intellectual property?
4. What are the benefits of intellectual property rights?
5. What are the intangible rights of intellectual property?
6. Which is the best guide to intellectual property?
7. What is the importance of the Intellectual Property Code of the Philippines?
8. What are the 4 types of intellectual property?
9. What are some examples of intellectual property?
10. How can intellectual property be protected in the Philippines?
11. What is the importance of intellectual property?

IX. REFERENCES
1. Intellectual Property Office of the Philippines (IPOPHIL). IP Services.
https://www.ipophil.gov.ph/services/
2. WIPO (World Intellectual Property Organization), 2014. Introduction to Intellectual
Property.

“In accordance with Section 185, Fair Use of Copyrighted Work of Republic Act 8293, the copyrighted works included in this material may be
reproduced for educational purposes only and not for commercial distribution.”
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