2 CATEGORIES OF IP
(WIPO WORLD INTELLECTUAL PROPERTY ORGANIZATION)
A. INDUSTRIAL B. COPYRIGHT
PROPERTY literary & artistic works
inventions (patent) drawings
trademarks & service paintings
marks performing artists
industrial design photographs
geographical indications sculptures
architectural design
An act prescribing the INTELLECTUAL
PROPERTY CODE & establishing the
INTELLECTUAL PROPERTY OFFICE
providing for its powers and functions & for
other purposes.
INTELLECTUAL PROPERTY OFFICE OF THE
PHIL. (IPOPHIL)
in charge agency in the implementation of
Intellectual Property Code, handling the registration
& conflict resolution of IPR.
6 BUREAUS :
Bureau of Patents
Bureau of Trademarks
Bureau of Legal Affairs
Documentation, Information & Technology Transfer
Bureau
Management Information System & EDP Bureau
Administrative, Financial & Personnel Services Bureau
INTELLECTUAL PROPERTY RIGHTS
The term “intellectual property rigths” includes:
Copyrights and Related Rights
Trademarks and Service Marks
Geographic Indications
Industrial designs
Patent
Lay-out Designs (Topographies) of Integrated Circuits
Protection of undisclosed information
exclusive right granted to a product, process or an
improvement of a product or process which is new,
inventive and useful.
Term of Protection:
20 years
Examples:
Electric Lighting- patent held by Edison and Watts
Microprocessors - patents held by Intel
Telephones - patents held by Bell
Plastic - patent held by Baekeland
Ballpoint pens - patent held by Biro
sign that is used to identify certain goods (trademarks)
and services (service marks) as those produced or
provided by a specific person or enterprises.
can be one word, group of words, sign, symbol, logo or
combination
Term of Protection:
Territorial (registration)
Examples:
“DELL” - trademark that identifies goods (computer & computer related objects)
“CITIBANK” - trademark that identifies services ( banking and financial services)
the ornamental or aesthetic aspect of an article.
the design may consist of 3-dimensional features (shape or
surface of an article) or 2-dimensional features (patterns,
lines or colors)
applied to wide variety of products of industry & handicraft
Term of Protection
must be non functional
10 years - renewable
is a sign used on goods and stating that a given product
originates is a given geographical area & possesses
qualities or reputation due to that place of origin
Terms
10 years - renewable
Examples:
cheese - “Roquefort” produced in regions of France
olive oil - “Tuscanny” produced in specific regions of Italy
tea - “Darjeeling” which is grown in India
wines & spirits - “Scotch Whisky” which originates in Scotland
is the legal protection extended to the owner of the
rights in an original work.
aims to provide protection to authors (writers, artists,
music composers, etc.)
“original work”
- refers to every production in
the literary, scientific and
artistic domain
Terms of Protection
artistic, literary and derivative works
- lifetime plus 50 years after death
applied art
- 25 years from date of creation
audio-visual works
- 50 years from date of publication
performers (not included in the sound recordings)
- 50 years from the end of the year in which the performance took place
sound or image and sound recordings and performances (included)
- 50 years from the end of the year in which the recording took place
broadcasts
- 20 years from the date the broadcast
ADVANTAGES OF COPYRIGHT:
Public Record
Can sue if infringed
COPYRIGHT INFRINGEMENT
is the use of works protected by copyright law without
permission for a usage where such permission is required
Criteria:
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
trade exhibit of the article in public
PENALTIES FOR COPYRIGHT INFRINGEMENT
1. Imprisonment of between 1 to 3 years and a fine of
between 50,000 to 150,000 pesos for the first offense.
2. Imprisonment of 3 years and 1 day to six years plus a
fine of between 150,000 to 500,000 pesos for the second
offense.
3. Imprisonment of 6 years and 1 day to 9 years plus a
fine ranging from 500,000 to 1,500,000 pesos for the
third and subsequent offenses.
Other than the Intellectual
Property Code of the Philippines,
is there any special law that
ensures the protection to
copyright owners of audio-visual
works?
This Act regulates the manufacture,
mastering, replication, importation and
exportation of optical media in which
information, including sounds and/or
images, or software code, has been
stored, either by mastering and/or
replication.
