Intellectual

Property Rights
Gosiaco, de Guzman, Tecson, Lee, Rousseau, Loirat
LS 142 X
 definition
“Intellectual property refers to creations of the
mind such as inventions; literary and artistic
works; designs; and symbols, names and
images used in commerce.”

TRADE COPY
PATENTS MARKS RIGHTS

Environment where creativity & innovation can flourish

Promoting progress
Absolute protection
BACKGROUND/history
STATUTE OF MONOPOLIES (1624)
Origin of Patent Law
+
BRITISH STATUTE OF ANNE (1710)
Origin of Copyright
=
CONCEPT OF INTELLECTUAL
PROPERTY
 IND
COPY TRADE DESIGN
PATENTS
RIGHTS MARKS RIGHTS

PLANT TRADE
VARIETY
 TRADE
DRESS SECRETS
RIGHTS
“PROMOTE PROGRES”
Mutual benefit for society and
the patentee/copyright owner
Incentive → Encourage
Innovation
piracy
 copyright infringement
“the use of works protected by copyright law without
permission, infringing certain exclusive rights granted to
the copyright holder, such as the right to reproduce,
distribute, display or perform the protected work, or to
make derivative works. The copyright holder is typically
the work's creator, or a publisher or other business to
whom copyright has been assigned.”
 types
1 SOFTWARE PIRACY
2 MUSIC PIRACY
3 MOVIE PIRACY
 top 10 countries
1 RUSSIA 6 INDIA
2 UNITED STATES 7 CANADA
3 ITALY 8 AUSTRALIA
4 UNITED KINGDOM 9 SPAIN
5 BRAZIL 10 SOUTH KOREA
 FREE SPREAD
vs. COPYRIGHTS
OF INFORMATION
Copyright protection protects the jobs & livelihoods of
those who create the products.
Free spread of information came from globalization and
the onset of the technological revolution.

Basic human right of being able to communicate & share

information freely.
patents
 PATENTS
“An exclusive right granted for an invention, which is
a product or a process that provides, in general, a new
way of doing something, or offers a new technical
solution to a problem.”
Inventions cannot be commercially made, used,
distributed, imported or sold by others without the
patent owner's consent.
Patents generally last 20 years from the filing date of
the application
scope of enforcement
TERRITORIAL RIGHTS
Exclusive rights only applicable in country/
region where patent was filed & granted
pharmaceuticals
 patented drugs
Company enjoys a monopoly over a period of time and is the
sole manufacturer and seller of the patented drug
Provides an incentive for companies to develop new
drugs
 generic drugs
A drug can be manufactured as a generic:
1 When patent has expired
If patent is unenforceable,
2
invalid, or will not be infringed
In countries where the drug
3
has no patent
If the drug has no existing
4
patents
patent trolling
TRADEMARKs
 trademarks
“A sign that you can use to distinguish your business’
good or services from those of other traders.”
Represented graphically by company’s
logo or signature

One of the most valuable assets to an organization as

it reflects the image of the company
visual representations
WORDS
(names, slogans, sets of words)

LETTERS & NUMERALS

(one or more letters, one or more
numerals or a combination of both)

DEVICES
(drawings or symbols)

SIGNATURES
THREE-DIMENSIONAL SIGNS
ip phiilippines
HOW CAN YOU PROTECT YOUR
MARK?
Registration for exclusive right to prevent others
from using identical marks
Right to a trademark is granted to the one who first
files a trademark application with IP Philippines
what can’t be registered
1 DESCRIPTIVE
2 MISLEADING
3 GENERIC
CONTRARY TO PUBLIC
4
ORDER / MORALITY
5 SHAPE & COLOR
the way forward