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Ipl Notes

The document discusses intellectual property code in the Philippines, covering patents, trademarks, and copyrights. It defines what is and is not patentable, how ownership of patents is determined, and grounds for cancellation. It also outlines what qualifies as a trademark or trade name, how ownership is acquired, and what rights registration confers. Key aspects of copyright law are also defined, such as copyrightable and non-copyrightable works, economic and moral rights, ownership, limitations, and fair use.

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50 views7 pages

Ipl Notes

The document discusses intellectual property code in the Philippines, covering patents, trademarks, and copyrights. It defines what is and is not patentable, how ownership of patents is determined, and grounds for cancellation. It also outlines what qualifies as a trademark or trade name, how ownership is acquired, and what rights registration confers. Key aspects of copyright law are also defined, such as copyrightable and non-copyrightable works, economic and moral rights, ownership, limitations, and fair use.

Uploaded by

cuisonhospinc
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTELLECTUAL PROPERTY CODE (R.A. No.

8293; exclude
implementing rules and regulations)
A. Patents
1. Patentable vs. non-patentable inventions

Patentable inventions
-Any Technical solution of a problem in any field which is new, involves an
inventive step and is industrially applicable.

Non-Patentable Inventions
-An invention may not be patentable because it does not comply with the elements
of patentability or it falls under non patentable inventions as enumerated by the law
on Patent.

Non Patentable Inventions are the following:

1. Discoveries, scientific theories and mathematical methods, and in the case of

2. drugs and medicines, the mere discovery of a new form or new property of a known substance
which does not result in the enhancement of the known efficacy of that substance, or the mere
discovery of any new property or new use for a known substance, or the mere use of a known
process unless such known process results in a new product that employs at least one new
reactant.

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.

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. Aesthetic creations; and

6. Anything which is contrary to public order or morality.


2. Ownership of a patent
1. inventor his heirs or assigns
2. joint invention – jointly by the investors
3. To the person who filed an application
4. the applicant who has the earliest filing date or the earliest priority date. First to
file rule

First to File Rule.


If two (2) or more persons have made the invention separately and independently of each other, the
right to the patent shall belong to the person who filed an application for such invention, or where
two or more applications are filed for the same invention, to the applicant who has the earliest filing
date or, the earliest priority date.

3. Grounds for cancellation of a patent

Any interested person may, upon payment of the required fee, petition to cancel the patent or
any claim thereof, or parts of the claim, on any of the following grounds:

(a) That what is claimed as the invention is not new or patentable;

(b) 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

(c) That the patent is contrary to public order or morality.

4. Patent infringement M, U, OS, S, IPP


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 constitutes patent infringement:
B. Trademarks – any distinctive word, name, symbol, emblem, sign or device or
any combination thereof, adopted and used by a manufacturer or merchant on his
goods to identify and distinguish them from those manufactured, sold or dealt by
others.

1. Marks vs. collective marks vs. trade names


“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

“Collective mark” means 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 or services of different enterprises which use the sign under the control of the registered owner
of the collective mark.

“Trade name” means the name or designation identifying or distinguishing an enterprise.

2. Acquisition of ownership

The rights in a mark shall be acquired through registration made validly in accordance with the
provisions of this law.

a. Concept of actual use

b. Effect of registration

Ownership of a mark or trade name may be acquired not necessarily


by registration buy by adoption and use in trade or commerce. As
between actual use of a mark without actual use thereof, the former
prevails over the latter. Actual use in commerce or business is a
prerequisite to the acquisition of the right to ownership.

3. Well-known mark

- is a mark which a competent authority of the Philippines has designated to


be well known internationally and in the Philippines
4. Rights conferred by registration
A certificate of registration is a prima facie evidence of the validity of
registration, the registrant’s ownership of the mark and of the registrant’s
exclusive use the same in connection with the goods and services and those that are
related thereto specified in the certificate.

5. Cancellation of registration
A trademark registration may be cancelled by any person who believes that he
will be damaged by the registration of the mark.

6. Trademark infringement

Use without consent of the trademark owner of any reproduction, counterfeit,


copy or colorable limitation of any registered mark or tradename. Such use is
likely to cause confusion or mistake or to deceive purchasers or others as to the
source or origin of such good or services, or identity of such business.

7. Unfair competition – employing deception or any other means contrary to good


faith by which a person passes off his goods or business or services for those of
one who has already established goodwill thereto.

C. Copyrights – duration 50 years


- A right over literary and artistic works which are original intellectual
creations in the literary and artistic domain protected from the moment of
creation

1. Copyrightable works

a. Books, pamphlets, articles and other writings


b. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether
or not reduced in writing or other material form.
c. letters
d. dramatic, choreographic works
e. musical compositions
f. works of art
g. periodicals and news papers
h. works relative to geography, topography, architechture or science
i. photographic works
j. audiovisual works and cinematographic works
k. pictorial illusions and advertisements
l. computer programs
m. other literary, scholarly, scientific and artistic works

2. Non-copyrightable works
1. idea, procedure, system, method or operation, concept, principle, discovery or
mere data as such
2. News of the day and other items of press information
3. Any official text of a legislative, administrative or legal nature as well as any
translation thereof
4. Pleadings
5. Decision of courts and tribunals
6. Any work of the government of the Philippines
7. TV programs, format of TV programs
8. Systems of bookkeeping and
9. Statutes

2. Rights conferred by copyright

A. Economic rights = the right to carry out authorize or prevent the following acts
a. reproduction of the work or substantial portion thereof
b. carry out derivative work (dramatization, translation, adaptation, abridgement,
arrangement or other transformation of work)
c. first distribution of the original and each copy of the work by sale or other forms
of transfer of ownership
d. rental right
e. public display
f. public performance
g. other communications to the public
B. Moral rights – for reasons of professionalism and propriety, the author has the
right
a. to require that the authorship of the works be attributed to him
b. to make any alterations of his work prior to, or to withhold it from publication
c. to preserve integrity of work, object to any distortion, mutilation or other
modification which would be prejudicial to his honor or reputation
d. to retrain the use of his name with respect to any work on his own creaton or in a
distorted version of his work.

C. Art proceeds right

4. Ownership of a copyright
Original and Literary artistic works – Author of the work
Joint authorship – co authors
Audiovisual work – Producer, the author of the scenario, the composer of the
music, the film director, the author of the work so adapted

Anonymous and pseudonymous works – the publishers


Commisioned work – the person who commissioned the work
Collective works –
Employee – if not part of his regular duties even if the employee uses the time,
facilities and materials of the employer.
Employer – if the work is the result of the performance of his regularly assigned
duties, unless there is an agreement, express or implied to the contrary.
5. Limitations on copyright

6. Doctrine of fair use


Fair use permits a secondary use that serves the copy right objective of
simulating productive thought and public instruction without excessively
diminishing the incentives for creativity.

7. Copyright infringement
It is the doing by any person without the consent of the owner of the copyright ,
of anything the sole right to do which is conferred by statute on the owner of
the copyright. The act of lifting from another’s book substantial portions of
discussions and examples and the failure to acknowledge the same is an
infringement of copyright.

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