LESSON 1  Copyleft- a general method for making a creative work as freely available to be modified, and requiring all

FUNDAMENTALS OF INTELLECTUAL PROPERTY RIGHTS modified and extended versions of the creative work to be free as well.
INTRODUCTION Ex. Wikipedia
 The State recognizes that an effective intellectual and industrial property system is vital to the development of  Through Trademark or Service mark
domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures - Any visible sign/mark capable of distinguishing the goods (trademark) or services (service mark) of an
market access for our products. It shall protect and secure the exclusive rights of scientist, inventors, artists and enterprise from another
other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for - it establishes the goodwill of an enterprise by denoting the quality of its goods and services
such period as provided in RA. 8293. (Section 2 of RA 8293) - includes a stamped or marked container of goods
 The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of - valid for 10 years, but with unlimited 10-year renewals
knowledge and information for the promotion of national development and progress and the common good.  Through Patent
(Section 2 of RA 8293) - Any technical solution to a problem in any field of human activity
 It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and - is an exclusive right granted by the government for a product or process which is novel, involved inventive
copyrights, to liberalize the registration on the transfer of technology, and to enhance the enforcement of steps and industrial applicability
intellectual property rights in the Philippines (Section 2 of RA 8293) - is compared to the closest prior art(s)
FUNDAMENTALS OF INTELLECTUAL PROPERTY RIGHTS - apply for a patent if the difference is not obvious
What is Property? - Valid for 20 years non-renewable
Property means anything that can come under the right of ownership and be the subject of contract. It  Through Utility Models
represents more than the things that a person owns; it includes the right to secure, and dispose of them. (Tonaco vs. - Any machine, tool, implement, product or process that is new and industrially applicable;
Thompson, 263 U.S. 197) -
Form of IP Patents Period and/or Manner of Protection
What is IP? -
Copyright Lifetime and 50 years beyond lifetime
Intellectual Property defined as any creation or product of human mind or intellect -
Trademarks/ Service Mark 10 years with unlimited renewal
What is IPR? -
Utility model 20 years
Intellectual Property Rights are property rights which consists of: (a) Copyright and Related Rights; (b) -
Industrial design 7 years
Trademarks and Service marks; (c) Geographic Indications; (d) Industrial Designs; (e) Patents; (f) Layout- Design -
Trade secret 5 years from the filing date of the application; may be
(Topographies) of Integrated Circuits; and (g) Protection on Undisclosed Information. (Section 4, IPC, RA 8293). -
renewed for not more than 2 consecutive five years
BASIC NATURE OF IPR each -
1. Product of Intellect Geographic indications Unlimited provided it is kept secret and covered by -
2. Limited right, not inherent, territorial, limited by time confidentiality agreements Unlimited provided the -
3. Business Asset owner is vigilant -
4. Litigious Plant variety protection 25 years for trees and vines; 20 years for all other -
REASON FOR IPR plants -
 Basic human right (Article 27, UN Universal Declaration on Human Rights); -
 Development of domestic and creative activity;
 Facilitates transfer of technology; - Unlike a patent no longer requires substantive examination
 Attracts foreign investments; - Also known in other countries as “petty patent”
 Ensures market access for national products; - Valid until seven (7) years only
 Enhances economic, technological, and industrial country development.  Through Industrial Design
ADVANTAGES OF HAVING INTELLECTUAL PROPERTY PROTECTION - Any composition of lines or colors or any three-dimensional form, whether or not associated with lines or
To the Owner colors
1. Exclusive Rights- power granted to IP owner to allow or disallow others from taking certain actions on a - Gives special appearance to and can serve as pattern for an industrial product or handicraft-aesthetic
protected property. aspects of an article of manufacture
2. Strong market position-full opportunity of the IP owner to strategize what business he/she must do in order to - 5 years from the filing date of the application; maybe renewed for not more than 2 consecutive 5 years
effectively market the products to the target consumers each, by paying the renewal fee.
3. High return of investment-privilege of the IP owner to benefit from all the forms of income gained from his/her  Through Plant Variety Protection
protected IP - A one-of-a-kind system (sui generis) that gives rights to breeders or farmers over the varieties they bred or
4. Opportunity to licensee/sell IP-greater confidence on allowing or attracting suppliers, investors, competitors or discovered and developed
complementary businesses - Exclusive right to produce, offer for sale, or market propagating materials
5. Increase in negotiating power- absolute power of the owner to influence customers/ clientele - Also known as plant breeders’ rights.
6. Positive image for one’s enterprise- guarantees originality of certain products, thus would boost the integrity Variety should be:
of one’s enterprise. - New - Distinct- Uniform – Stable
ADVANTAGES OF HAVING INTELLECTUAL PROPERTY PROTECTION
To Society
1.Betterqualityofpeople’slife OTHER FORMS OF IPS
2. Protection from inferior quality product  Through Undisclosed information (Trade Secret)
3. Has inputs and standards to industry on what products to produce and services to provide. - Any information with commercial value withheld by a person or entity, subject to reasonable steps to keep
HOW TO PROTECT INTELLECTUAL PROPERTY? it from unauthorized access.
 Through Copyright  Through Know-how
- legal protection extended to expressions of ideas - The information, practical knowledge, techniques, and skill required to achieve some practical end, esp. in
- includes literary, scholarly, scientific and artistic creations or expressions including computer program industry or technology.
- original and derivative works - Know-how is considered intangible property in which rights maybe bought and sold.
- valid for a lifetime of the author and 50 years beyond lifetime - Black’s Law Dictionary, 2009
 Through Indigenous Peoples’ Rights
- refers to the Community Intellectual Rights of the Indigenous Cultural Communities/ Indigenous Peoples
(ICCs/IPs) as provided for under Sec. 32 of RA 8371.