INTELLECTUAL PROPERTY

(AN OVERVIEW)

Rey Abraham Negre

Patent and IP Policy Consultant
Intellectual Property Office
OVERVIEW OF THE
IP SYSTEM
 What is Intellectual Property?
Intellectual property is governed by a special
law, Republic Act 8293 (IP Code). Under the IP
Code, intellectual property right consists of:

1. Copyright and Related Rights

2. Trademarks and Service Marks
3. Geographic Indications
4. Industrial Designs
5. Patents
6. Layout-Designs or Topographies of Integrated
Circuits
7. Protection of Undisclosed Information
What is Intellectual Property?

Intellectual property is the creation or

product of the human mind.
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.
 Patents
1. A Patent is grant issued by the Government through the
Intellectual Property Office of the Philippines (IP Philippines).
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
• Involves an inventive step
• Industrially applicable
• First-to-File System
• Term of 20 years from filing date; without renewal
 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.
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
 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:
 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
 INDUSTRIAL DESIGN

The term of an industrial design

registration is five (5) years from the filing
date of the application. The registration
may be renewed for not more than two
(2) consecutive periods of five (5) years
each, by paying the renewal fee.
EXAMPLES OF REGISTRABLE INDUSTRIAL DESIGNS
 INDUSTRIAL DESIGN

The term of an industrial design

registration is five (5) years from the filing
date of the application. The registration
may be renewed for not more than two
(2) consecutive periods of five (5) years
each, by paying the renewal fee.
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
 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. Enable a consumer to identify a
product (goods or services)
2. Enable 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
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)
Duration of Trademarks

Ten (10) years from

registration; Renewable
every ten (10) years
 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.
 Trade Secret

Secret Formulation = ???

• Secret
• Has commercial value
• Reasonable steps to
keep it secret

Special Recipe = ???

Method and Apparatus for
Reforming Air in an Internal
Combustion Engine

Phil. Pat. No. 1-2006-000551

Inventor: Eraño Evangelista
 THANK YOU FOR
YOUR KIND
ATTENTION !!!

www.ipophil.gov.ph