PROFESSIONAL PRACTICE 2
INTELLECTUAL
PROPERTY
GROUP 4
DELINA, JAZTINE
DELOS SANTOS, KAREN T.
DOMINGO, JOANNA LOISE
BRIEF HISTORY
First known copyright law in the Philippines was
approved on January 10,1879 and came into force in
1880.
Patent applications from the Philippines had to be sent
to Spain for examination and grant.
The Treaty of Paris, signed in December of 1898 ended
300 years of Spanish colonial rule in the Philippines, ,
and dictated the cessation of the Philippines and
Guam from Spanish dominion to the American colonial
order
BRIEF HISTORY
In 1913, the Philippine legislature passed Act No. 2235
making United States’ patent laws applicable in the
Philippines.
During the Marcos administration, Presidential Decree
No. 49, which governed copyright works, was passed
and superseded Act No. 3134.
The Philippines also entered into international
conventions that laid out the foundations of the
intellectual property system we know today, as a
politically independent state from the mid-1940s
REPUBLIC ACT NO. 8293
INTELLECTUAL PROPERTY
CODE OF THE PHILIPPINES
“An Act prescribing the Intellectual
Property Code and establishing the
Intellectual Property Office, providing for
its powers and functions, and for other
purposes”
PART V SECTION 239.I
LAWS REPEALED
Republic Act No. 165
Republic Act No. 166
Articles 188 and 189 of the Revised
Penal Code
Presidential Decree No. 49
THE TERM “INTELLECTUAL
PROPERTY RIGHTS” CONSISTS OF
PART I SECTION 4.I
Copyright and Related Rights;
Trademarks and Service Marks;
Geographic Indications;
Industrial Designs;
Patents;
Layout-Designs (Topographies) of Integrated
Circuits; and
Protection of Undisclosed Information (n,
TRIPS).
GOVERNMENT AGENCIES
The agency of the government in charge of
PART I SECTION 6
implementation of the Intellectual Property Code
is the Intellectual Property Office (IPO).
The Bureau of Patents;
The Bureau of Trademarks;
The Bureau of Legal Affairs;
The Documentation, Information and Technology Transfer
Bureau;
The Management Information System and EDP Bureau;
and
The Administrative, Financial and Personnel Services
Bureau.
INTELLECTUAL PROPERTY OFFICE
VISION
“A progressive Philippines using intellectual
property assets for inclusive economic and
social development by 2030.”
MISSION
“Commit to build an inclusive intellectual
property system serving the needs of
Filipinos.”
TYPES OF
INTELLECTUAL
PROPERTY
COPYRIGHT
It is a legal concept and a form of intellectual
property protection that grants exclusive rights to
creators and authors of original works, enabling
them to control how their works are used and
allowing them to benefit from their creative
efforts.
WHAT IS COVERED BY COPYRIGHT?
LITERARY WORKS
DRAMATIC WORKS
MUSICAL WORKS
ARTISTIC WORKS
3
WHAT IS NOT COVERED BY
COPYRIGHT?
IDEAS AND CONCEPTS
FACTS AND DATA
NON-ORIGINAL WORKS
EXPIRED COPYRIGHTS
3
WHAT IS THE DURATION OF
COPYRIGHT PROTECTION?
COPYRIGHT LAST FOR :
AUTHOR’S LIFETIME + 50 YEARS AFTER THE
AUTHOR’S DEATH.
50 YEARS FOR FILMS AND SOUND RECORDINGS
25 YEARS FOR WORKS OF APPLIED ART FROM THE
DATE OF ITS CREATION
50 YEARS FOR ANONYMOUS WORKS FROM THE
DATE ON WHICH THE WORK WAS PUBLISHED.
WHAT IS FAIR USE?
Fair use is a legal doctrine that allows the use of
limited portions of copyrighted material under
certain circumstances without getting permission
from the copyright owner or paying any license
fees.
Examples of fair use cases may include:
Commentary
Criticism
Education
Parody
COPYRIGHT INFRINGEMENT
Copyright infringement is the use of works protected by
copyright without permission for a usage where such
permission is required.
It refers to the unauthorized use, reproduction, distribution,
performance, or display of copyrighted material in a way
that violates the exclusive rights of the copyright owner.
WHAT ARE THE PENALTIES PROVIDED BY
PHILIPPINE LAW FOR COPYRIGHT INFRINGEMENT?
Under Philippine law, copyright infringement is punishable by the following:
1. Imprisonment of between 1 to 3 years and a fine of between 50,000
to 150,000 pesos for the first offense.
2. Imprisonment of 3 years and 1 day to six years plus a fine of between
150,000 to 500,000 pesos for the second offense.
3. Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from
500,000 to 1,500,000 pesos for the third and subsequent offenses.
TRADEMARKS
It is a symbol, logo, phrase, word or design
that identifies your company and its goods
or services from others within the market.
WHAT CAN BE TRADEMARKED?
WORD LOGO PHRASE
COCA - COLA OR COKE APPLE NIKE
WHAT CANNOT BE TRADEMARKED?
Any mark that is already in use
Generic descriptive words
Commonly used phrases or messages
Direct religious quotes and passages
TRADEMARK INFRINGEMENT
Trademark Infringement is a violation of the
exclusive rights attached to a trademark
without the authorization of the trademark
owner or any licensees.
EXAMPLES OF
TRADEMARK INFRINGEMENT
PATENTS
A patent is a form of intellectual property (IP)
protection granted by the government to
inventors and creators. It provides exclusive
rights to the inventor or creator for a specific
invention or innovation for a limited period of
time
Patents are intended to encourage innovation
and provide an incentive for inventors to
disclose their inventions to the public
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TYPES OF PATENTS
Utility Patents
Design Patents
Plant Patents
DESIGN PATENTS
Design patents protect the ornamental and
aesthetic aspects of a product's design. They do
not cover the functionality of an invention but
rather its visual appearance.
UTILITY PATENTS
for inventing a new or improved and useful process,
machine, article of manufacture, or composition of
matter.
PLANT PATENTS
A plant patent protects a new and unique
plant’s key characteristics from being
copied, sold, or used by others. It is also good
for 20 years after the application is filed.
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DESIGNS
An industrial design registration is a form of intellectual
property protection available to protect the unique
appearance of a product. It is focused on protecting
the visual features of an article
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CHARACTERISTICS OF
INDUSTRIAL DESIGN PROTECTION
Aesthetic Features: Industrial design protection is
primarily concerned with the appearance of a product
Non-Functional Aspects: Industrial design rights do not
cover the functional or utilitarian aspects of a product.
Ornamental and Decorative: The design must be
primarily ornamental or decorative in nature to qualify
for industrial design protection.
Limited Duration: Like patents, industrial design
protection has a limited duration,
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CHARACTERISTICS OF
INDUSTRIAL DESIGN PROTECTION
Prevents Unauthorized Copying: Industrial design
rights grant the holder the exclusive right to use,
make, import, and sell products with the protected
design.
Registration: In most countries, industrial designs
must be registered with the relevant intellectual
property office to receive legal protection.
2
PROFESSIONAL PRACTICE 2
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