Intellectual Property (IP) g) Coordinate with other government agencies and the private sector
efforts to formulate and implement plans and policies to strengthen the
Philippine Definition: Intellectual Property is an intangible asset that can be protection of intellectual property rights in the country.
protected from theft or unauthorized use. Any person can own IP and have the right
to sell or give it to others. 5.2. The Office shall have custody of all records, books, drawings, specifications,
documents, and other papers and things relating to intellectual property rights
American Definition: Intellectual property is a property right that can be protected applications filed with the Office. (n)
under federal and state law, including copyrightable works, ideas, discoveries, and
inventions. The term intellectual property relates to intangible property such as
patents, trademarks, copyrights, and trade secrets. Thus, in today's legal
marketplace most registered patent attorneys hold themselves out as intellectual
DIFFERENT RIGHTS PROTECTED BY THE INTELLECTUAL PROPERTY OFFICE
property law attorneys, as opposed to merely a patent attorney.
FROM SEC. 4.1 OF THE INTELLECTUAL PROPERTY LAW (RA 8293) AS
AMENDED:
POWERS AND FUNCTIONS OF THE INTELLECTUAL PROPERTY OFFICE
FROM SEC. 5 OF THE INTELLECTUAL PROPERTY LAW (RA 8293) AS
AMENDED: The term "intellectual property rights" consists of:
Section 5. Functions of the Intellectual Property Office (IPO). - 5.1. To administer and a) Copyright and Related Rights;
implement the State policies declared in this Act, there is hereby created the Copyright relates to literary and artistic creations, such as books,
Intellectual Property Office (IPO) which shall have the following functions: music, paintings and sculptures, films and technology-based works (such as
computer programs and electronic databases). In certain languages,
a) Examine applications for grant of letters patent for inventions and copyright is referred to as authors’ rights. Although international law has
register utility models and industrial designs; brought about some convergence, this distinction reflects an historic
difference in the evolution of these rights that is still reflected in many
b) Examine applications for the registration of marks, geographic copyright systems. The expression copyright refers to the act of copying an
indication, integrated circuits; original work which, in respect of literary and artistic creations, may be done
only by the author or with the author’s permission.
c) Register technology transfer arrangements and settle disputes
involving technology transfer payments covered by the provisions of Part II, Related rights, also referred to as neighboring rights, protect the legal
Chapter IX on Voluntary Licensing and develop and implement strategies to interests of certain persons and legal entities that contribute to making works
promote and facilitate technology transfer; available to the public or that produce subject matter which, while not
qualifying as works under the copyright systems of all countries, contains
d) Promote the use of patent information as a tool for technology sufficient creativity or technical and organizational skill to justify recognition of
development; a copyright-like property right. The law of related rights deems that the
productions that result from the activities of such persons and entities merit
e) Publish regularly in its own publication the patents, marks, utility legal protection as they are related to the protection of works of authorship
models and industrial designs, issued and approved, and the technology under copyright. Some laws make clear, however, that the exercise of related
transfer arrangements registered; rights should leave intact, and in no way affect, the protection of copyright.
f) Administratively adjudicate contested proceedings affecting
intellectual property rights; and
b) Trademarks and Service Marks; importing, selling, manufacturing or making products bearing his industrial design
e) Patents;
A trademark is a tool used that differentiates goods and services from
each other. It is a very important marketing tool that makes the public identify A Patent is a grant issued by the government through the Intellectual
goods and services. A trademark can be one word, a group of words, sign, Property Office of the Philippines (IP Philippines). It is an exclusive right
symbol, logo, or a combination of any of these. Generally, a trademark refers granted for a product, process or an improvement of a product or process
to both trademark and service mark, although a service mark is used to which is new, inventive and useful. This exclusive right gives the inventor the
identify those marks used for services only. Trademark is a very effective tool right to exclude others from making, using, or selling the product of his
that makes the public remember the quality of goods and services. Once a invention during the life of the patent.
trademark becomes known, the public will keep on patronizing the products
A patent has a term of protection of twenty (20) years providing an
and services. If utilized properly, a trademark can become the most valuable
inventor significant commercial gain. In return, the patent owner must share
business asset of an enterprise. In addition to making goods and services
the full description of the invention. This information is made available to the
distinctive, the owner of a mark may earn revenues from the use of the mark
public in the form of the Intellectual Property Official Gazette and can be
by licensing its use by another or though franchising agreements. One can be
utilized as basis for future research and will in turn promote innovation and
an owner of a trademark or service mark, whether or not it is registered. This
development.
is common law protection. Registration is proof of ownership and makes
ownership rights easier to enforce. The basic question in lawsuits over marks
is whether or not the general public is likely to be confused as to the origin of f) Layout-Designs (Topographies) of Integrated Circuits; and
the service or product.
Integrated Circuits are commonly known as “chips” or “microchips”.
They are the electronic circuits in which all the components (transistors,
c) Geographic Indications;
diodes and resistors) have been assembled in a certain order on the surface
of a thin semi-conductor material (usually silicon).
Indications which identify a good as originating in the territory of a
Member, or a region or locality in that territory, where a given quality,
reputation or other characteristic of the good is essentially attributable to its g) Protection of Undisclosed Information (n, TRIPS)
geographic origin. Geographical indications are quality indicators, are widely
used by producers, distributors and retailers as an advertising or promotional This refers to a process, formula, tool, plan, mechanism or compound
tool to attract consumers and investors. that is only known by the owner or disclosed to a selected number of
employees. The trade secret is used to produce a service or product
with commercial value.
d) Industrial Designs;
The industrial design as any composition of lines or colors or any
three-dimensional form, whether or not associated with lines or colors;
provided that such composition or form gives a special appearance to and
can serve as pattern for an industrial product or handicraft. Simply put, it is
that aspect of a useful article which is ornamental or aesthetic.
Generally, industrial designs are important for handicrafts, jewelry, mobile
phones, packaging materials, furniture, electrical appliances, accessories, boxes,
architectural structures and other products. It is important to protect an industrial
design because it enables the owner to prevent others from copying or imitating
the industrial design without his consent. He can also prevent parties from
