INTELLECTUAL

PROPERTY
World Intellectual Property
Organization (WIPO) defined
Intellectual property as creations
of the mind, such as inventions;
literary and artistic works;
designs; and symbols, names, and
images used in commerce. These
creations were protected by law
for inventors to be recognized and
provided with financial benefits.
 Importance of Intellectual Property
in the Modern World

1. **Fostering Innovation:** IP rights encourage individuals and organizations to invest

time, effort, and resources in creating new and innovative products, technologies, and
artistic works. Knowing that they can protect their creations, inventors and creators are
more likely to take risks and push the boundaries of what's possible.

2. **Economic Growth:** Intellectual property contributes significantly to economic

growth and competitiveness. It enables businesses to protect their brands, inventions,
and trade secrets, which can give them a competitive edge in the market. Strong IP
protection attracts investments and fosters entrepreneurship.
3. Promoting Creativity: Copyright and related IP rights protect
artistic and creative works, ensuring that artists, writers, musicians,
and filmmakers can earn a living from their talents. This protection
encourages the production of diverse and high-quality cultural
content.

4. Protecting Brand Identity: Trademarks are essential for brand

recognition and consumer trust. They help consumers identify and
differentiate between products and services in a crowded
marketplace, ultimately protecting consumers from confusion and
substandard goods.
5. Encouraging Technology Transfer: Patents encourage innovation by
granting inventors exclusive rights to their inventions for a limited
time. However, in exchange, inventors must publicly disclose their
innovations. This disclosure promotes the sharing of knowledge and
technological advancement.

6. Supporting Research and Development: IP protection provides

incentives for research and development activities, particularly in
industries like pharmaceuticals and biotechnology. Patents, in
particular, can lead to significant investments in scientific and medical
advancements.
7. Cultural Preservation: Copyright protection helps preserve
cultural heritage by encouraging the creation and distribution of
works related to literature, music, film, and more. It ensures that
these cultural expressions are valued and protected.

8. Global Trade: In the age of globalization, intellectual property

rights are crucial for international trade. Strong IP protections
enable businesses to expand their operations globally, secure
foreign markets, and engage in cross-border commerce.
9. Job Creation: Industries that rely on intellectual
property, such as software development, entertainment,
and design, often contribute to job creation and economic
stability.

10. Legal Framework: IP laws provide a legal framework for

resolving disputes, enforcing rights, and protecting creators
and inventors from unfair competition.
In summary, intellectual property rights are
essential in the modern world because they
incentivize creativity and innovation, drive
economic growth, protect brands and
inventions, and promote the sharing of
knowledge. They provide a legal framework that
supports a wide range of industries and helps
shape the global economy.
In the Philippines, to ensure the protection of one’s
work/invention, Republic Act 8293 also known as the
Intellectual Property Code of the Philippines was
created to combat illegal use and owning of original
work without legal permission. This law covers the
following types of intellectual property: copyright,
patent, trademark, industrial design, and
geographical origin.
TYPES OF INTELLECTUAL PROPERTY
 COPYRIGHT

- Copyright protects literary, artistic, and musical works.

- It grants the creator exclusive rights to reproduce,
distribute, and adapt their work.
- Copyright duration varies by country but generally
lasts for the lifetime of the creator plus 50-70 years.
 PATENT
- Patents protect inventions and innovations.

- They grant exclusive rights to make, use, and sell the

patented invention for a specified period (usually 20 years).

- The patent application process involves disclosing the

invention's details in exchange for protection.
 TRADEMARK
- Trademarks protect brands, logos, and symbols that
distinguish goods or services.
- Registration is not mandatory but offers stronger
protection.
- Trademarks help consumers identify and trust products
or services.
INDUSTRIAL
DESIGN

• -Industrial designs protect the

unique visual appearance of a
product.

• Registration provides exclusive

rights for a set period (varies by
country).

• Designs can include aspects like

shape, ornamentation, and surface.
 GEOGRAPHIC ORIGIN
are signs used on goods that have a specific
geographical origin and possess qualities, a
reputation or characteristics that are
essentially attributable to that place of origin.
 TRADE SECRETS

- Trade secrets protect confidential business information

(e.g., formulas, processes, customer lists).
- They rely on maintaining secrecy, and there's no expiration
date if kept confidential.
- Employing non-disclosure agreements (NDAs) is a common
practice to protect trade secrets.
What qualifies as a trade secret?

In general, to qualify as a trade secret, the information must be:

•commercially valuable because it is secret,

•be known only to a limited group of persons, and
•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.

The unauthorized acquisition, use or disclosure of such secret

information in a manner contrary to honest commercial practices by
others is regarded as an unfair practice and a violation of the trade
secret protection.
What kind of information is protected by trade secrets?
In general, any confidential business information which provides an enterprise a
competitive edge and is unknown to others may be protected as a trade secret.

Trade secrets encompass both technical information, such as information

concerning manufacturing processes, pharmaceutical test data, designs and
drawings of computer programs, and commercial information, such as
distribution methods, list of suppliers and clients, and advertising strategies.

A trade secret may be also made up of a combination of elements, each of which

by itself is in the public domain, but where the combination, which is kept secret,
provides a competitive advantage.

Other examples of information that may be protected by trade secrets include

financial information, formulas and recipes and source codes.
•Furthermore, another
concern raised on the
violation of Intellectual
Property is Plagiarism.
Auraria Library (2020),
defines Plagiarism as “one
form of academic
dishonesty. It is claiming,
or appearing to claim,
another’s work as your
own by not acknowledging
it.”
 R C E S N OT C I TE D
* SOU

*S O U R C E S C I TE D
SOURCES NOT CITED
SOURCES NOT CITED: “The Ghost Writer”

The writer turns in another’s

work, word-for-word, as his or
her own.
SOURCES NOT CITED: “The Photocopy”

The writer
copies
significant
portions of text
straight from a
single source,
without
alteration.
SOURCES NOT CITED: “The Potluck Paper”

The writer copies from

several different sources,
tweaking the sentences to
make them fit together
while retaining most of the
original phrasing.
SOURCES NOT CITED: “The Poor Disguise”

The writer has altered the

paper’s appearance slightly by
changing key words and
phrases.
SOURCES NOT CITED: “The Labor of Laziness”

The writer takes the time to

paraphrase most of the
paper from other sources
and make it all fit together.
SOURCES NOT CITED: “The Self-Stealer”

The writer “borrows” generously

from his or her previous work.
SOURCES CITED
(BUT STILL PLAGIARIZED)
SOURCES CITED: “The Forgotten Footnote”

The writer mentions an author’s name for a source,

but neglects to include specific information on the
location of the material referenced.
SOURCES CITED: “The Misinformer”

The writer provides

inaccurate information
regarding the sources,
making it impossible to
find them.
SOURCES CITED: “The Too Perfect Paraphrase”

The writer properly cites a

source, but neglects to put in
quotation marks on text that
has been copied word-for-
word, or close to it
SOURCES CITED: “The Resourceful Citer”

The writer properly cites all

sources, paraphrasing and using
quotations appropriately. The
catch? The paper contains
almost no original work!
SOURCES CITED: “The Perfect Crime”

The writer properly quotes and

cites sources in some places, but
goes on to paraphrase other
arguments from those sources
without citation.
Type of IP Involved: Plagiarism is primarily associated with literary and artistic works,
which are protected by copyright.
Definition: Plagiarism is the act of using someone else's words, ideas, or creative work
(such as text, images, or music) without proper attribution or permission, presenting it
as one's own.
Examples:
- Copying and pasting paragraphs from a source without citation in an academic
paper.
- Reproducing someone else's blog post on your website without giving credit.
- Using someone else's artwork in your project without acknowledging the artist.
- Legal Consequences: Plagiarism is often considered an ethical or academic violation
rather than a legal one. However, it can result in academic penalties, professional
reputation damage, and other non-legal consequences.
Type of IP Involved: Infringement primarily relates to copyrights, trademarks, and
patents.
Definition: Infringement occurs when someone violates the exclusive rights of the
intellectual property holder, such as copying, reproducing, distributing, or using protected
work, brand, or invention without proper authorization.
Examples: -
Copyright Infringement: Using someone else's text, images, music, or other creative works
without permission.
Trademark Infringement: Using a brand logo, symbol, or name that is confusingly similar
to a registered trademark.
Patent Infringement: Producing, selling, or using an invention that is patented by
someone else.
Legal Consequences: Infringement can result in legal action, including lawsuits,
injunctions, and damages. Penalties vary depending on the type of IP and the jurisdiction.
In summary, the main difference between infringement and
plagiarism lies in the type of intellectual property involved
and the nature of the violation. Infringement typically
pertains to copyrights, trademarks, and patents and
involves unauthorized use of protected content or
inventions. Plagiarism, on the other hand, is specific to
literary and artistic works and refers to the uncredited use
of someone else's ideas or creative output, often in
academic or creative contexts. While both are intellectual
property violations, they have distinct legal and ethical
implications.
To protect oneself from violating the use of copyrighted
works, Fair use and Creative commons were introduced.
Fair use

It refers to the use of

copyrighted material
without a license only for
certain purposes. These
include: Commentary,
Criticism, Reporting,
Research and Teaching.
Source:https://www.emergingedtech.com/2019/07 /what-
does-fair-use-mean-when-talking-aboutcopyrighted-material
Furthermore, the following are guidelines to
be considered for Fair use:

- A majority of the content you create must

be your own.
- Give credit to the copyright holder.
- Don't make money off of the copyrighted
work.
 Creative Commons

is an American non-profit
organization devoted to expanding
the range of creative works
available for others to build upon
legally and to share. They released
several copyright-licenses known as
Creative Commons licenses free of
charge to the public.

Source: https://worldvectorlogo.com/logo/creativecommons
Attribution: You must credit the
creator.
Non-Commercial: You can't make a
profit.
No Derivative Works: You can't
change the content.
Share Alike: You can change the
content, but you have to let other
people use your new work with the
same license as the original.