SCIENCE, TECHNOLOGY

AND SOCIETY
HELLO HELLO!
Lets wait for
the others to
join 

MODULE 6. INTELLECTUAL PROPERTY RIGHTS

Pretest:

1. Each of the following is a form of intellectual

property EXCEPT?

A. patent on a business process

B. the recipe for pork adobo that has been passed down
through your family for several generations
C. a website design
D. the name of the website "Google")
2. Intellectual Property

A. has existed for a long time

B. consists of a suite of rights
C. protects creations
D. D. all of the above
• 3. Intellectual Property can

A. protect inventions
B. protect written work
C. add value to a business
D. all of the above
E. Only answers a and b are correct
4. What should you do if you came up with an
innovative idea?

A. be careful when telling people about it

B. get advice about how to protect
C. publicize it on social media to make it well known
D. all the above statements are wrong
E. all the above statements should be done
F. Only answers a and b are correct
At the end of this session…
1. Determine the importance and purpose of intellectual property (IP);
2. Characterize intellectual property rights;
3. Categorize and identify the types of IP;
4. Identify and examine the different types of industrial property rights;
5. Determine the appropriate rights and protection for a specific invention,
product, or goods;
6. Characterize and identify IP’s that can be protected under copyright;
7. Identify the ways that copyrighted materials can be used.
8. Identify alternative protections;
9. Differentiate copyright from commonly used licenses.
10. Define IP infringement;
11. Identify the different forms of infringement;
12. Determine the possible actions that can be imposed in case of
infringement; and
13. Associate intellectual property system to global security
Things to ponder…

What links teachers,

students, and IP? Why are
you here? Are you aware
of the potential value of
your own creations?
 What is
Intellectual Property and its
Associated Rights?

https://allea.org/wp-content/uploads/2019/06/IPR-
https://th.bing.com/th/id/OIP.a- protection-ideas-801x684.png
EGZChJ5yMDX1xK4HtKnQHaF8?pid=Api&rs=1
What is Intellectual
Property (IP)?
 refers to the creation of the
mind,
such as inventions; literary and
artistic works; designs; and
symbols, names and images https://th.bing.com/th/id/OIP.a-
EGZChJ5yMDX1xK4HtKnQHaF8?pid=Api&rs=1

used in commerce
 an asset that any person can
own, sell, license
 requires protection from theft
and unauthorized used
What makes IP significant?
 Encourages inventors/ makers/ creators/ designers/
owners to disclose;
 Enables to recoup the cost;
 An incentive for future research;
 Facilitates technology transfer or licensing;
 For technological advancement;
 Condition of membership of the world’s trade system;
 Essential for science and technology;
 Strikes a balance between conflicting interests in society.
 refers to the creation of the mind,
What is Intellectual
Property Rights (IPR)?
 allows the creator to earn
recognition, legal ownership, or
any forms of benefit from their
creation
https://allea.org/wp-content/uploads/2019/06/IPR-protection-ideas-801x684.png

sources: kidsdiscover.com; besafenewtown.org

IP Laws in the
Philippines
The Intellectual Property Office of the
 Republic Act (RA) Philippines (IPOPHL)
8293 – Intellectual
Property Code of the is the government agency mandated to
Philippines implement the law protecting
intellectual property rights in the Philippines as
 RA 9150- An Act providing provided for under R.A. 8293, or the
for the Protection of Layout Intellectual Property Code of the
Designs (Topographies) of
Philippines.
Integrated Circuit
(signed into law in June 6, 1997)

 RA 9168 - New Plant

Varieties Protection Act
• Exclusive IP - IP owner (IP right holder) enjoys full
exclusivity over the IP
- without the holder’s permission or
legal cause, others are not allowed to
exploit the right holder’s IP.

• Territorial IP – IP is valid only in the country in which

the rights are granted or recognized
- This means that the IP rights acquired
only under the laws of a country are valid
only in the territory and not elsewhere
Branches of IP
Under the IP Code(Republic Act 8293),
intellectual property right consists of:
A. Copyright and Related Rights

https://watumishiwaneno.files.wordpress.com/2013/
03/pile-of-commentaries.jpg

B. Industrial Property
b.1. Patent

b.2. Utility Model

b.3. Geographical Indications

b.4. Undisclosed Information

b.5. Trademarks, Service Marks, Collective Marks

b.6. Layout-Designs (Topographies) of Integrated Circuits

A. Copyright and Related Rights
Examples of copyright works Ways to use copyrighted works.

Rights covered by this IP protection

 Alternative IP Protection
Public Domain Copyleft Creative Commons

(Wikipedia, Public Domain, n.d.). (Wikipedia, Copyleft, n.d.) (Wikipedia, Creative Commons, n.d.)

Creative works Prohibits users The licenses make the

that are not from selling creative works
protected by any copies or even available to the public
intellectual claiming free of charge and even
property rights proprietary rights without permission
of their modified given that the users
versions. meet the conditions for
a specific license
Under the IP Code(Republic Act 8293),
intellectual property right consists of:
A. Copyright and Related Rights

https://watumishiwaneno.files.wordpress.com/2013/
03/pile-of-commentaries.jpg

B. Industrial Property
b.1. Patent

b.2. Utility Model

b.3. Geographical Indications

b.4. Undisclosed Information

b.5. Trademarks, Service Marks, Collective Marks

b.6. Layout-Designs (Topographies) of Integrated Circuits

b.1. Patent
 for protecting
technical inventions
and creations which How to know if the invention
is a product or a
process
or creation is patentable?
1. Novelty or New
Solutions to
problems
2. Inventiveness of Non-obviousness
3. Usefulness or Industrially
A Patent is grant issued by the Applicable
Government through the Intellectual
Property Office of the Philippines
(IPOPHL)

This exclusive right gives the inventor

the right to exclude others from making,
selling or using the product of his
invention during the life of the patent.
In return the patent owner must share
the full description of his invention.
 1. Novelty or New 2. Inventiveness of Non obviousness

https://th.bing.com/th/id/OIP.Z22cvoN5SkCrr5jQJC1T3QHaFM?pid=Api&rs=1
https://welearnindia.files.wordpress.com/2013/08/business-presentationlma-integrated-sales.jpg
http://images.clipartpanda.com/newspaper-clipart-9Tz4xgXTE.gif
http://etc.usf.edu/clipart/19900/19904/manatwork_19904_md.gif
Walter Hunt’s Pin. US Michail A. Mussel’s Pin. US Patent
Patent No. 6281A No. 5,303,456

2. Usefulness or Industrially Applicable

Eyeglasses with integrated

telescoping video display. US
Patent No.: 7,547,101 B2
What is a patent document?

Anatomy of a
Patent
Bibliography
Who uses the information in a
patent document?
  Uniform structure
 Well-organized information
 Up-to-date information
 Wide fields of technology
Patent  Find information sooner
Information
 Find high-value information
 Detailed description
 Find relevant information not
found anywhere else
How do you access a patent
information?
 USPTO’s PatFt/AppFt
 JPO’s J-Plat Pat
 WIPO’s PATENTSCOPE
 EPO’s ESPACENET
 IPOPHL’s PhilPat
 Derwent Innovation
 PatBase
 WIPS Global
 TotalPatents
 And many others (Google Patents,
Patent Lens, Patent Databases of IP
Offices Worldwide)
Statutory classes of patentable
inventions:
1. A product, such as a machine, a device, an article
of manufacture, a composition of matter, a
microorganism;
2. A process, such as a method of use, a method of
manufacturing, a non-biological process, a
microbiological process;
3. Computer-related inventions; and
4. An improvement of any of the foregoing.
Non-patentable inventions:
1. Discoveries
2. Scientific theories
3. Mathematical methods
4. Schemes, rules and methods of

• performing mental acts

• playing games
• doing business
• programs for computers

5. Methods for treatment of the human or animal body by

surgery or therapy & diagnostic methods practiced on the
human & animal body
6. Plant varieties or animal breeds or essentially biological
processes for the production of plants and animals (RA 9168)
7. Aesthetic creations
8. Contrary to public order or morality
b.2. Utility Model
 Utility model or sometimes
referred to as “utility
innovations” or “innovation
patents”
 for protecting inventions
that make small
improvements, and
adaptations of, existing
products or that have a
short commercial life
Utility Model “Cover for a container”. IPOPHL
Registration No. 1015489
b.3. Industrial design
 a type of protection for the
visual appearance of the Industrial Designs are not
product registrable if,
 constitutes the ornamental 1. Industrial designs that are
or aesthetic aspect of an dictated essentially by technical
or functional considerations to
article obtain a technical result;
 may consist of three- 2. Industrial designs which are
mere schemes of surface
dimensional features, such ornamentations existing
as the shape or surface or separately from the industrial
product or handicraft; and
 two-dimensional features
3. Industrial designs which are
such as patterns, lines of contrary to public order, health,
color which range from or morals.
fashion to industrial goods
b.3. Industrial design

LED bulb for lighting fixture. International

Registration No. D0888292

Description of Image:

The broken lines shown in the drawings depict

portions of the LED bulb for lighting fixture in
which the design is embodied that form no part
of the claimed design.
b.4. Layout-Designs (Topographies) of
Integrated Circuits
 Integrated circuits - a
product, in its final form or
an intermediate form,
 Layout-design – a three-
dimensional disposition
 different aspects of the http://www.sr4ipr.in/images/circuits.jpg

integrated circuits
should/will be protected by
different types of intellectual
property rights
b.5. Trademarks

 protects a business’s brand

identity in the marketplace
 includes any word, name,
symbol, device, or any
combination
 In the business world,
distinguishing
goods/products/services Trade Mark “The Bar Lemon
& Lime Gin” (Ph Reg. No.
from others offer a 11047, 2020).

competitive edge
b.5. Trademarks - What makes it significant?
 Exclusive legal right on a business name;
 Protects business name and gives a remedy in court
in case of infringement;
 A sound name in the market in the eye of a general
public
 Creates face value among competitors;
 Gives legal recognition to businesses;
 Monopoly business name or brand name.
b.6. Geographical Indication

 a sign being used to identify

the origin of goods or
products having special
characteristics
 applicable for agricultural
products, foodstuffs, wine, Appellation of Origin Parmigiano-
Reggiano (Int. GI Reg. No. AO513,
and spirit, drinks, handicrafts, 1969).
and industrial products
b.6. Geographical Indication
 Currently protected under the
Trademarks section of the IP Code of the
Philippines as collective marks

 Benefits:

i. Legal protection;
ii. Prevents unauthorized use of a Guimaras Mangoes
registered GI by others; (Ph Reg. No. 506797, 2017).

iii. Promotes economic prosperity of

the producers of the goods
produced in the specific
geographical territory;
iv. Boosts export of the
goods/products/
b.6. Trade Secrets
 no formal requirements for registration
 Conditions to be considered as a trade
secret:
i. commercially valuable because it is
secret;
Trade Secret
ii. be known only to a limited group of “Coca-Cola Recipe
persons; and
iii. be subject to reasonable steps taken
by the rightful holder of the
information to keep it secret,
including the use of confidentiality
agreements for business partners
and employees.
Intellectual Property Infringement,
Protection, Enforcement, and Challenges
What is IP Infringement?
 Creations, protected by IP laws, that are exploited,
copied, or otherwise used without having permission
from the IP right owner

 Possible actions that can be enforced:

i. Monetary compensation for the loss that may
have been acquired by the owner;
ii. Possible custodial sentence;
iii. Confiscation of assets;
iv. Internal disciplinary proceedings.
Forms of Infringement?

 Counterfeit & Replica Products – usually infringe the

Trademark and Industrial Design IP Right through the
creation of products that look identical to the IP
protected products

https://thefashionlaw.com/wp-content/uploads/2020/03/ScreenShot2018-
01-03at7.17.03PM.png
Forms of Infringement?

 Piracy - Infringe the Copyright IP right through

reproduction, copying, and spreading protected
materials such as software, e-books, songs, or movies

https://upload.wikimedia.org/wikipedia/commons/thumb/1/16/T
he_Pirate_Bay_logo.svg/1200px-The_Pirate_Bay_logo.svg.png
Forms of Infringement?

 Plagiarism - Most common infringement for

copyrighted materials
IP Enforcement: How to assert IP rights? Who
administers IP rights?

The Intellectual Property Rights Enforcement

Office (IEO) of the Philippines, pursuant to the
mandate under Section 7, (c) and (d) Republic Act
No. 8293, implement administrative enforcement
function which is to: It is the first-hand
i. Undertake enforcement functions however responsibility of the
supported by concerned agencies such as
the Philippine National Police, the National owners/inventors/cr
Bureau of Investigation, the Bureau of
Customs, the Optical Media Board, and the
eators to ensure that
local government units, among others; and the rights of their IPs
ii. To conduct visits during reasonable hours are being enforced
to establishments and businesses engaging
in activities violating intellectual property
rights based on a report, information, or
complaint received by the office.
Who is WIPO? What significance does WTO-
TRIPS brings?
 World Intellectual Property Organization
(WIPO) - monitors and leads the
development of a balanced and
effective IP system among countries
and/or states
 193 states out of the195 are members of
WIPO
dispute arose among international economic relations

Trade-Related Aspects of Intellectual

Property Rights (TRIPS) -introduced IP
rules into the multilateral trading
system
Issues that the TRIPS Agreement has to deal
with

 Unreasonably strong protection of IP rights which

serves to prevent the ill in developing and least-
developed countries (LCDs) from having access to
affordable essential medications (Subhan, 2006);
 Hindrance of the transfer of technology from the
industrial countries to IP-poor countries and offers
no protection to LDCs from the abusive behavior of
corporations who own the IPs;
Issues that the TRIPS Agreement has to deal
with
 A provision that would allow multinational corporations
to patent indigenous knowledge and practices –
“Bioprospecting” and “Biopiracy”. What are
Bioprospecting and Biopiracy?

Bioprospecting - the search for traditional/indigenous

knowledge to be used for commercial purposes
Biopiracy - a practice of unauthorized use of
traditional/indigenous knowledge for profit and with little
or no compensation or recognition to the indigenous
people from where the knowledge originated.

The following are some products developed in the

Philippines but patented elsewhere:
• Nata de coco
• Ilang-ilang perfume
• Banaba-derived anti-diabetic drug
Revision of the TRIPS Agreement for the
benefit of all, such as;

Doha Declaration 2001 - This

declaration ensures that the
government may issue compulsory
licenses on patents for medicines or
take other steps to protect public
health. That nothing in the TRIPs
agreement shall prevent members
from taking measures to protect
public health
Intellectual Property System to Science,
Technology, and Society
Why should IP be part of the global development agenda?

1. Food Security
IPRs encourage the participation of
the universities’ R&D and private
sectors in the development of new
technologies, goods, and products
for sustainable agriculture and
striving for the most efficient,
profitable, and manageable
agricultural industry
https://www.ifpri.org/sites/default/files/Topic/food_security.jpg
Why should IP be part of the global development agenda?

2. Public Health – Patent Pooling

The UNITAID, a publicly funded

global health initiative that is
housed by the World Health
Organization (WHO), established
the first patent pool in 2010. Its
initial public health mandate was
on HIV through the establishment
of the Medicines Patent Pool (MPP)

https://s3-eu-central-1.amazonaws.com/proparcoblog/uploads/2018/03/PRO-
Revue-N28-UK-P25-Fonctionnement-de-Medicines.jpg
Benefits from IP and its associated rights
Creative individuals, researchers, and Businesses and start-ups:
academics, engineers, and entrepreneurs:
 Establish and maintain a business
 Time to develop their innovative ideas; competitive edge;
 Reap financial rewards from their ideas;  Able to raise funds for development
 Give opportunities to reach personal because investors have confidence
fulfillment. that the ideas won’t be stolen;
 Able to protect their innovative ideas,
which use new technologies and
design or unique selling points, from
exploitation by unscrupulous traders.
Consumers and commercial clients: Society and the economy benefit from:

 Confidence that products with  Growth in enterprise and creativity;

trademarks are brand names made to a  Innovation and vibrancy;
certain standard and quality;  Increased and varied employment
 Innovative products to choose from; opportunities;
 Benefit from new or improved products  A reputation for innovation;
and processes that enhance their own  Easily accessible information – avoid
lives or work. ‘reinventing the wheel’.
Thank you!!!