INTELLECTUAL PROPERTY SYSTEM

(AN OVERVIEW)
 Outline

1. Intellectual Property as an Intangible

2. Economic Rationale of the Patent System
3. Overview of the Intellectual Property System
 Tangible vs. Intangible

Tangible Property – the goods of material

nature (they can be perceived by senses)

Intangible Property – the goods of

immaterial nature (incapable of being
perceived by the senses)
Examples of Tangible Assets
1. Currencies
2. Buildings
3. Real Estate
4. Vehicle
5. Inventories
6. Equipment
7. Precious Metals
Examples of Intangible Assets
1. The science of knowing what to do
2. Our relation with the clients
3. Our operative processes
4. The technology of information and
databases
5. Capacities, abilities and innovations
of the employers; and
6. Intellectual Property and Goodwill
 Ownership

Civil Code of the Philippines:

Article 712. Ownership is acquired by

occupation and intellectual creation.

Asset Evolution Value of a company – 1982 to 2006

 Value of Intangible Assets

“Intellectual capital ideas and

innovations have become the most
important resource, replacing land,
energy and raw materials.”
– The Economist
Significance of IP Assets
 Summary

1. Tangible and Intangible assets have

value.

2. Intangible assets are important in value

and wealth creation.

3. Intellectual property is the most

important asset of a company.
Why Promote and Protect Intellectual
Property?
⚫ The progress and well-being of humanity
rests on its capacity for new creations in
the areas of technology and culture.
⚫ The legal protection of these new
creations encourages the expenditure of
additional resources, which leads to
further innovation.
⚫ The promotion and protection of
Intellectual Property spurs economic
growth, creates new jobs and industries,
and enhances the quality and enjoyment
of life.
Why Promote and Protect Intellectual
Property?
⚫ “Innovation is the Cornerstone of Europe’s
2020 Strategy” Pres Jose Manuel Durao Barroso
President, EC Innovation Union

• “The First Step in Winning the Future is

Encouraging American Innovation” US President,
Barack Obama

• “In the Current Era…. Innovation is very

Much on the Table” Excerpt from the World Economic
Forum 2012
OVERVIEW OF THE
IP SYSTEM
What is Intellectual Property?

Intellectual property refers to any

creation or product of the human mind.

It may be expressed in the form of original

ideas, expressions and processes.
What is Intellectual Property?

Intellectual Property
describes ideas, inventions,
technologies, artworks, music and
literature, that are intangible
when first created, but become
valuable in tangible form as
products
- Dr. Kamil Idris
 INTELLECTUAL PROPERTY

INTELLECTUAL
PROPERTY

INDUSTRIAL
COPYRIGHT
PROPERTY
 BRIEF BACKGROUND OF THE PATENT
SYSTEM
http://ip-science.thomsonreuters.com/support/patents/patinf/patentfaqs/history/

The word patent comes from

the Latin
'litterae patentes',
meaning an open letter.

Such letters were used by medieval monarchs to confer rights

and privileges.
With a royal seal, the letters served as proof of those rights,
for all to see.
 BRIEF BACKGROUND OF THE PATENT
SYSTEM

• First system for patenting inventions

cannot be attributed to any one
country.
• It is generally acknowledged that
the first informal system was
developed in Renaissance Italy.

http://www.betterworldbooks.com/the-civilization-
of-the-renaissance-in-italy-id-1441783997.aspx

This system was introduced into the rest of Europe by émigré

Venetian glass-blowers to protect their skills against those of
local workers.
 BRIEF BACKGROUND OF THE PATENT
SYSTEM

The first recorded patent of invention was granted to

John of Utynam
by King Henry VI.

• In 1449, he was awarded a 20-year monopoly for a glass-making

process previously unknown in England.
(subsequently, he supplied glass for the windows of Eton College Chapel, UK)

• In return for his monopoly, John of Utynam was required to teach

his process to native Englishmen.
(That same function of passing on information is now fulfilled by the
publication of a patent specification)
 BRIEF BACKGROUND OF THE PATENT
SYSTEM
In North America the colonies adopted a similar system of limited
monopolies.

Following the revolution in 1788 Article I, section 8 of the Constitution was

ratified:

'The Congress shall have power . . . to promote the progress of

science and useful arts by securing for limited times to authors
and inventors the exclusive right to their respective writing and
discoveries'.
More recently, during the 1980s, we have seen the development of supra-national
patent-issuing authorities - the European Patent Office and World Intellectual
Property Office (WIPO).
• These bodies enable patent applications to be filed simultaneously in a
number of countries.
• In 1995, US patent law was changed following the GATT agreement to
harmonise USPTO practice with the patent system in other countries.
Republic Act 8293
(Intellectual Property Code of the
Philippines)

The Intellectual Property Office of the

Philippines (IPOPHL)

is the government agency in charged with the

implementation of the law protecting
intellectual property rights in the Philippines as
provided for under R.A. 8293, or the
Intellectual Property Code of the
Philippines.
INTELLECTUAL PROPERTY OFFICE

ORGANIZATIONAL STRUCTURE
 IP Philippines Functions
 Examine applications for grant of letters patent for
inventions

 Register utility models, industrial designs, and

integrated circuits

 Register technology transfer arrangements

 Examine applications for the registration of marks,

geographical indications, and other marks of ownership
 IP Philippines Functions

 Promote technology development through the

use of patent information

 Coordinate, with other government agencies

and private sector, efforts to formulate and
implement plans and policies to strengthen
the protection of intellectual property rights
 IP Philippines Functions
 Hear and decide administrative cases involving violations
of intellectual property rights where the damages claimed
is P200,000. 00 and above

 Inter partes cases on:

Trademarks: Opposition and Cancellation
Patents, Utility Models and Industrial Designs:
Cancellation and Petitions for Compulsory
Licensing

 Settle disputes involving technology transfer payments,

author’s rights to public performance or other
communication of his work
 Protected IP Rights
Under the IP Code(Republic Act 8293), intellectual
property right consists of:

(A) Copyright and Related

Rights
(B) Industrial Property
(b.1) Patents
• Utility Models

(b.2) Industrial Designs

Protected IP Rights

(b.3) Layout-Designs (Topographies)

of Integrated Circuits

(b.4) Trademarks,
Service Marks,
Collective Marks
Protected IP Rights

(b.5) Geographical Indications

(b.6) Undisclosed Information

(A) COPYRIGHT & RELATED RIGHTS
What is copyright?

Copyright
is the legal protection
extended to the
owner of the rights
in an original work.

- WIPO
How is Copyright Obtained?
• Copyright protection is automatic.

• Protection exists at the moment of

creation.

• Deposit: National Library/Supreme Court

Library

© symbol is often used for Copyright.

“© IPOPHL, 2011”
 Copyright
• Books, newspapers • Lectures, sermons, letters

• Musical compositions
 Copyright
• Paintings, sculptures, works of architecture

• Original ornamental designs • Maps, plans, sketches

Copyright

• Photographic works
 Copyright

• Computer programs • Audiovisual and

cinematographic works
 Economic Rights
• Reproduction
• Transformation
• First public distribution
• Rental
• Public display
• Public performance
• Communication to the public
 Moral Rights

• To require that authorship be

attributed to him;
• To make any alterations;

• To object to any distortion; and

• To restrain the use of his name.

 Duration of Protection
In general, copyright shall be protected
during the life of the author and for fifty (50)
years after his death.

In case of works of joint authorship, the

economic rights shall be protected during
the life of the last surviving author and for
fifty (50) years after his death.
(B) INDUSTRIAL PROPERTY
(B.1) PATENTS
 Patents
1. A Patent is grant issued by the government through the
Intellectual Property Office of the Philippines (IPOPHL).

2. It is an “Exclusive Right” granted for a product, process or an

improvement of a product or process which is new, involves
inventive step and is industrially applicable.

3. 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.

4. In return the patent owner must share the full description of

his invention.

5. This information on the patent is available to the public

through the IP Philippines Official Gazette & Library.
 Patents
• PATENTABLE INVENTION - is any technical solution to
a problem
in any field of human activity which is
• NEW (NOVEL)
• INVOLVES AN INVENTIVE STEP
• INDUSTRIALLY APPLICABLE
• First-to-File System
• Term of 20 years from filing date
• Payment of annuities to maintain the patent
 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.
 Examples of Patentable Inventions

• A useful machine
e.g. biogas digester
threshing machine
• A product
e.g. pharmaceutical product ( vaccine for bovine
coronavirus; chemical substance/composition

• A process or method
e.g. Method of Processing a Semiconductor Wafer
 Examples of Patentable Inventions
• Non-biological process
e.g. A method of treating a plant characterized by the
application of growth- stimulating substance or
radiation.
• Microbiological process
e.g. A process of isolating the bacteria from the
soil….
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 practised on
the human & animal body
Non-Patentable Inventions
6. Plant varieties or animal breeds or essentially
biological processes for the production of
plants and animals
7. Aesthetic creations
8. Contrary to public order or morality
3 BASIC REQUIREMENTS OF
PATENTABLE INVENTION

NOVELTY - NEWNESS

INVENTIVE STEP – INVENTIVENESS/

NOT OBVIOUS
INDUSTRIAL APPLICABILITY - USAGE

49
 Section 21 of R.A. 8293
Requires that an invention be:

NEW (NOVEL)

50
 TEST OF NOVELTY

An invention shall not be considered new

if it forms part of a prior art.

(Sec. 23, R.A.8293)

51
 What is a “prior art”?
everything made available to the public by means of:

PRIOR
ART

52
 DISCLOSURES considered as
PRIOR ART
Filing date 03/11/2011

2006 2007 2008 2009 2010 2011 2012

Everything made available to the public

before the date of filing

1 year grace period

(non-prejudicial disclosure)
53
- If you publish your inventions in a journal,
newspaper, library, internet or demonstrate,
sell or discuss your invention in public
before you file a patent application,

you cannot get a patent for

lacking novelty.

54
 GRACE PERIOD or NON
PREJUDICIAL DISCLOSURE
- If you have already disclosed or published
your inventions in a journal, demonstrate, sell
or discuss your invention in public, you can still
file a patent within One (1) year from the date
of disclosure or publication.

55
 Why do we examine for novelty?

A light bulb as it has An application

been known and used filed yesterday

Is it logical to grant a patent for something

which is already known?
56
What does “new” mean?

NEW APPLICATION

KNOWN
INVENTION
PRIOR ART

57
What does “new” mean?

58
59
 GENERIC DISCLOSURES
Application Prior Art Novelty
1. metal 1. Aluminum X
2. Aluminum 2. metal 
3. Car-jack 3. supporting 
means
4. 25-75 deg.C 
4. 50 deg.C

SPECIFIC DISCLOSURES ARE NOVEL OVER

GENERIC DISCLOSURES!
60
 EQUIVALENTS
❖ A watering can made of zinc

❖ A watering can made of aluminum

If something is equivalent to what is claimed,

it clearly is not the same thing. To employ an
equivalent to what is disclosed would, be a
matter of obviousness, not a question
of novelty.

61
 Section 21 of R.A. 8293
Requires that an invention be:

➢ NOVEL

➢ INVENTIVE STEP

62
 TEST OF INVENTIVE
STEP
An invention involves an inventive step,
if having regard to prior art

➢ it is not obvious to a person

skilled in the art.

(Sec. 26, R.A.8293)

63
 OBVIOUS
❖ Does not go beyond the normal progress
of technology
❖ Follows plainly or logically from the prior
art
❖ Does not involve the exercise of any skill
or ability beyond that to be expected of a
person skilled in the art
❖ The term “obvious” is used as
equivalent to the expression “lacking an
inventive step”
64
 PERSON SKILLED IN THE ART
EUROPEAN PATENT ACADEMY
◼ Fictional person with no inventive ability

➢ Aware of common general knowledge in

specific art
➢ Has access to everything disclosed as the
state of the art
➢ Can observe developments in related
technical field

65
 DETERMINATION OF
INVENTIVE STEP
➢ Problem-solution approach

➢ Developed in order to have a decision making

procedure more objective in view of the risk that
the invention (after examining the application)
may appear simple, trivial and obvious.

66
 THREE MAIN STAGES
(PROBLEM-SOLUTION APPROACH
➢ Determining the closest prior art;

➢ Establishing the technical problem to be

solved by the invention with respect to the
prior art;

➢ Deciding whether invention is obvious

67
 THREE MAIN STAGES
(PROBLEM-SOLUTION APPROACH
➢ Deciding whether invention is obvious
• Making the decision involves answering
the question:

What would a person skilled in the

art do, when faced with that objective
technical problem and being aware of
the state-of-the-art or prior art?

68
Problem: The ear-like handles of coffee cups are
often quite slippery. You can therefore
easily drop the cup. The result can be
a stained carpet, table cloth, wooden
floor… Such coffee stains are usually
very difficult or impossible to remove
completely.

Coffee Cup

69
 EXAMPLE

Solution: Rubber is used as material for

the handle. This increases the
friction between the handle and
the fingers of the user.

Claim: Coffee cup with an ear-like handle

characterized in that the handle is
made of rubber.
70
PRIOR ARTS
COFFEE CUP WITH EAR-
SHAPED HANDLE

SAUCE PAN WITH EAR-

Obvious?
LIKE RUBBER HANDLES
THAT REDUCES ITS TEMP.

THERMOS BOTTLE WITH

A RUBBER-COVERED
HANDLE
 SUB-TESTS IN EVALUATING
INVENTIVE STEP
NEGATIVE POINTERS
1.) Aggregation or collocation

Example: machine for producing sausages consists of a

known mincing machine and a known filling machine
disposed end-to-end (independent to each other)
 SUB-TESTS IN EVALUATING
INVENTIVE STEP
NEGATIVE POINTERS

2.) A choice of size, form or proportion

Example: The claimed invention relates to a process for

carrying out a known reaction and is claimed by a specified
rate flow of an inert gas. The prescribed rates are merely
those which would necessarily be arrived at by a person
skilled in the art.
 SUB-TESTS IN EVALUATING
INVENTIVE STEP
NEGATIVE POINTERS

3.) An exchange of material (analogous substitution)

Example: an electric cable comprises a polyethylene sheath

bonded to a metallic shield by an adhesive. The claimed invention
lies in the use of a particularly newly developed adhesive known to
be suitable for polymer-metal bonding.
 SUB-TESTS IN EVALUATING
INVENTIVE STEP
NEGATIVE POINTERS
4.) Use of well-known material

Example: The use of pvc pipes instead of conventional g.i. pipes in

a patented housing system.
 SUB-TESTS IN EVALUATING
INVENTIVE STEP
NEGATIVE POINTERS
5.) Analogous use – application of known technique

Example: A washing composition containing a detergent with a

known compound having the known property of lowering the
surface tension of water, this property being known to be an
essential one for detergents.
 SUB-TESTS IN EVALUATING
INVENTIVE STEP
NEGATIVE POINTERS
6. ) Use of well-known technical equivalents

Example: The claimed invention relates to a pump-motor

combination which differs from a known pump-motor combination
solely in that the motor is hydraulic instead of an electric motor.
 SUB-TESTS IN EVALUATING
INVENTIVE STEP
NEGATIVE POINTERS
7. ) Filling a gap in the prior art

Example: The claimed invention relates to building structure made from

aluminum.
A prior document discloses the same structure and says that it is of lightweight
material but fails to mention the use of aluminum. Aluminum is a
lightweight material that is well known in the art to be useful as a building
material.
 INDUSTRIAL APPLICABILITY

An invention that can be produced and used

in any industry shall be industrially
applicable.

(Sec. 27 R.A. 8293)

79
 First-To-File System

The Right to a Patent shall belong to:

1. Person who filed an application
2. Applicant who has the earliest Filing
Date or Priority Date
Who may apply for a Patent?

➢ Natural person
➢ Juridical person
- a body of persons, a corporation, a
partnership, or other legal entity
recognized by law
 EXAMPLE:

Method and Apparatus for

Reforming Air in an Internal
Combustion Engine

Phil. Pat. No. 1-2006-000551

Inventor: Eraño Evangelista
EXAMPLE:
Abstract:
The eye drop alignment glasses
have a slot in the lenses thereof.
Over each slot is provided a
pivotable slide member having a
bore therein which aligns with the
slot. The tip of the dropper is
engaged with the bore, with the
slide being movable to center the
tip over the user’s eyeball.
Further, the glasses are adjustable
in distance from the user’s
eyeball to accommodate dropper
tips of varying length.
 Requirements for Filing a Patent
Application
1. Request for Grant (Request Form)
2. Description and Claims
3. Drawings, if any
4. Payment of Fees (Filing fee, fees for excess
claims, etc.)
Small Entity Big Entity
(Asset: P 100M or less) (Asset: More than
P100M)
Invention P 1,818.00 max. of 5 P 3,636.00 max. of 5
claims claims
Claims in excess P 152.00/claim P 303.00/claim
Request for early
publication P 5,605.50
 The Patent Application – Govt. Fees (Local Filing)

The application shall be subject to the payment of the following fees:

1. Filing Fee
2. Search Fee
3. 1st Publication Fee
Total Filing Fee: P 1,818.00/P 3,636.00

The fees must the be paid within one (1) from the filing date of the application.
The application shall be deemed withdrawn for non-payment of the above-mentione
fees.

Additional Fees:
1. Request for substantive examination – P 1767.50/ P 3,535
2. Payment of claims fee (claims in excess of 5 claims
multiple dependent claims, etc), if any – P 150/P 300 per claim
3. 2nd Publication Fee – P 808
 The Cost of a Patent * (Local Filing)
A. Cost for filing & processing a straight forward patent
application with 5 claims:
1. P 4,393.50 – small entity (assets less than 100 M)
2. P 7,979.00 – big entity (assets more than 100 M)

B. Cost for annuity payments (starting from the 5th to 20th year)
with 5 claims:
1. P 160,034.50 – small entity (assets less than 100 M)
2. P 320,069.00 – big entity (assets more than 100 M)

C. Total Cost of a Patent for a 20 year protection (A + B)

1. P 164,428.00 – small entity (assets less than 100 M)
2. P 328,048.00 – big entity (assets more than 100 M)

*Excluding Professional Fees of Patent Agents or Patent Lawyers

for the preparation of the patent application and prior art search and
evaluation
 UTILITY MODEL

Any technical solution of a problem in

any field of human activity which is new
and is industrially applicable.

Term is seven (7) years from filing date

without renewal.
EXAMPLE:
Requirements for Filing a Utility Model
Application
1. Request for Registration (Request Form)
2. Description and Claims
3. Drawings, if any
4. Payment of Fees (Filing fee, fees for excess
claims, etc.)
Small Entity Big Entity
(Asset: P 100M or (Asset: More
less) than P100M)
Utility Model P 1,515.00 max. P 3,030.00 max.
of 5 claims of 5 claims
Claims in excess P 102.00/claim P 202.00/claim
(B.2) INDUSTRIAL DESIGN
 INDUSTRIAL DESIGN

1. Any composition of lines or colors

2. Any three-dimensional form

3. Gives special appearance and

serves as pattern to an
industrial product or handicraft
 Registration of Industrial Design

• The design must be NEW or

• The design must be ORIGINAL
• The design must be ORNAMENTAL
• Must be useful
• Can be mass produced
Examples of Industrial Design
 Embossed pattern Pattern for a tile
Samsung Electronics,
on a fabric
Korea
Registrable Designs

• New

• Industrially
applied to
articles
Non-Registrable Designs

Designs that are contrary to public policy or morality

Designs that are solely dictated by
functional considerations.
Design Not New (Non-Registrable)
Designs that are not new or original
(color)
 Filing Requirements for an
Industrial Design
⚫ Properly filled-out request form

⚫ Specification

⚫ Drawings

⚫ Claims

⚫ Filing Fee [0ne (1) month grace period]

Contents of the Specification
⚫ Title of the Design

⚫ Brief description of the several views of the drawings

⚫ Characteristic Features of the Design

(if any)

⚫ Claim
Specification and Claim Sample
SPECIFICATION

Title: A Bottle
Brief Description of the Drawings:
Figure 1 is a perspective view of the present
design for a Bottle;
Figure 2 is a side elevational view thereof;
Figure 3 is a top view thereof; and
Figure 4 is a bottom view thereof.
Claim:
The ornamental design for a Bottle substantially
as shown.
Juan de la Cruz
Designer
 Imaginary
Sufficient no. of margin
views, black
India ink

Surface
shading

A4 size, white,
2-3 ply Bristol Signature of the
board applicant/agent
 Top
view
Side
view

Bottom
view
Think…Design…Draw

Prior Art “New” Design

PREPARE OF THE DRAWINGS
The SPECIFICATION
APPLICANT:
ADDRESS:

Title: SOFA

Figure 1 is the FRONT elevation view showing the

5 design for a sofa;
Figure 2 is the top plan view thereof;
Figure 3 is the back perspective view thereof; and
Figure 4 is the side view thereof, opposite side
being mirror image thereof.
10 CLAIM:
The ornamental design for a SOFA substantially as
shown and described.
Why Protect Industrial Design?
• Industrial Design adds value to a product;

• It makes the product attractive and appealing to

customers.
• Return on Investment;
• Right to prevent others from unauthorized
copying or imitation by others.
• Registered design may be licensed or sold;
• Encourages fair competition and honest trade
practices.
TERMS OF PROTECTION

Subject to Renewal Fees

EXAMPLES OF REGISTRABLE INDUSTRIAL DESIGNS
Requirements for Filing an Industrial
Design Application
1. Request for Registration (Request Form)
2. Description and Claims
3. Drawings, if any
4. Payment of Fees (Filing fee, fees for excess
claims, etc.)
Small Entity Big Entity
(Asset: P 100M or (Asset: More
less) than P100M)
Industrial Design P 1,515.00 P 3,030.00 max.
of 5 claims

Per Embodiment P 757.50 P 1,515.00

(B.3) LAYOUT DESIGN OF
INTEGRATED CIRCUIT
Layout-Design or Topographies of
Integrated Circuit
Layout-Design or Topographies of
Integrated Circuit

• Original topography (picture of a surface)of elements

• Three-dimensional disposition prepared for an
integrated circuit intended for manufacture
• One is an active element of an integrated circuit
• Term of protection is 10 years, not renewable
(B.4) TRADEMARKS & SERVICE
MARKS
 Trade Mark

A trademark is any visible sign

capable of distinguishing the goods
or services produced or provided by
one enterprise from those of other
enterprises.
 Trade Mark
Functions:
1. Enables a consumer to identify a product
(goods or services)
2. Enables companies to differentiate
themselves and their products from those of
their competitors
3. Play a pivotal role in the branding and
marketing strategies of companies
4. Provide incentives for companies to
invest in maintaining or improving the quality
of their products
⚫ A trademark can be one word, a group of words, sign, symbol,
logo, or a combination of any of these.

⚫ Trademark is a very effective tool that makes the public

remember the quality of goods and services.

⚫ Utilized properly, a trademark can become the most valuable

business asset of an enterprise.

⚫ In addition to making goods and services distinctive, the owner of a

mark may earn revenues from the use of the mark by licensing its use
by another or though franchising agreements.
What may be registered?

Your mark should be able to distinguish your goods or

services from those of others. Your mark should also meet
the requirements for registrability of marks under Sec. 123.1
of the Intellectual Property Code.
Your mark will not be registered if
it is:
DESCRIPTIVE

These are marks that describe the characteristics of the goods

or services. Examples are “DURABLE” for shoes (describes the
quality), “A LITER” for cooking oil (quantity), and so is
“KITCHEN” for cooking utensils (intended purpose).

MISLEADING

Marks that are likely to deceive or have the tendency to

misinform the consumers about the actual characteristics of the
goods or services like “BOLPENS” for pencils, “COLA” for
alcoholic beverages, “BULAKAN” for sweets not originating from or produced in
Bulacan.
⚫ GENERIC and customary to trade

Generic marks are names of products they seek to identify.

For instance, “KAP KEYK” for cupcakes, ”CAFFE” for coffee
and “MAKINAH” for machines.

Marks and indications that have become common in

everyday language or usage can not be registered. They
no longer distinguish the goods and services because they
are used so often to refer to the goods and services.
Example of this is “VCO” for virgin coconut oil, “DIAMOND
PEEL” for services involving cosmetic procedure.
⚫ Contrary to Public Order or Morality

Marks that are against the common standard of morality. An example

is “PRO-TERRORISM” for clothing.

CONSISTS OF NAMES, PORTRAITS OF PERSONS, MAPS, FLAGS AND

OTHER POLITICAL SYMBOLS

Marks that contain names or portraits of living individuals may be

rejected unless the individual gives written consent. For instance, no
one can use the picture of Manny Pacquiao as a trademark unless he
is Mr. Pacquiao himself or he was duly authorized by Mr. Pacquiao.

SHAPE AND COLOR

Shapes must be distinctive from the usual shape of goods or

containers of the goods, in order to be considered a trademark. Color
alone is not accepted unless it is defined by a given form.
⚫ MARKS THAT MAY CAUSE CONFUSION

Your mark cannot be registered if it is identical with or

similar to a registered mark or a mark with earlier filing date
for goods and services that are exactly the same or for
goods and services that are related. Consumers should not
confuse your mark with the marks of others.

Identical with, or confusingly similar to WELL-KNOWN

MARKS

Marks that are identical with or similar to marks that are

known internationally and in the Philippines will be refused
registration.
Popular Trademarks

Hamburgers, food (cl 29), restaurant (cl

43)

Clothing (cl 25), food (cl 29, 30), retail

services (cl 35)
Popular Trademarks

Processed meat (i.e. hotdogs, corned

beef) (cl 29)
What are the requirements to apply
for registration?

1. A duly filled out trademark application form [there should

be a link here]
2. Drawing of the mark
3. Payment of fees
Duration of Trademarks

Ten (10) years from

registration; Renewable
every ten (10) years
(B.5) GEOGRAPHICAL INDICATIONS
 Geographical Indications
Identify a good as originating in territory,
region or locality, where given quality,
reputation or other characteristic of the good
is essentially attributable to its geographical
origin.
(B.6) TRADE SECRET
 PROTECTION OF UNDISCLOSED INFORMATION

 Natural and legal persons shall have the possibility of

preventing information lawfully within their control from being
disclosed to, acquired by, or used by others without their
consent in a manner contrary to honest commercial practices
so long as such information:
i. is secret in the sense that it is not generally known among or
readily accessible to persons within the circles that normally deal
with the kind of information in question;
ii. has been subject to reasonable steps under the circumstances,
by the person lawfully in control of the information, to keep it
secret; and

ii. has commercial value because it is secret.

 Secret formulation = ???

Special recipe = ???

 Trademark
(Identifying Product/
Service Name)

Industrial Design
(Ornamental Appearance)

Patent(Invention)/
Utility Model
(Technical Solution to aProblem:
Product/Composition/Apparatus,
Method/Process/System)

Lay-out Design of ICs

Copyright
(Literary/Art Work,
Design)

Mobile
Phone
• Developed as an electrolytic thirst quencher for
use by its football team

• Formula was patented and acquired value

• Trademark – GATORADE

• “Since 1973, Gatorade has brought more than $80 million to

the university”, Joe Kays & Arline Phillips–Han, Gatorade-An
Idea That Launched An industry

• Patent expired after 17 years but the

trademark remained in force and continued
to produce income for the university
Method and Apparatus for
Reforming Air in an Internal
Combustion Engine

Phil. Pat. No. 1-2006-000551

Inventor: Eraño Evangelista
 THANKS

www.ipophil.gov.ph