DEFINITION OF INTELLECTUAL PROPERTY Intellectual property (IP) is a legal concept which refers to creations of the mind for which

exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Although many of the legal principles governing intellectual property rights have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world. TYPES OF INTELLECTUAL PROPERTY RIGHTS Common types of intellectual property rights include patents, copyright, industrial design rights, trademarks, trade dress, and in some jurisdictions trade secrets. There are also more specialized varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in USA law, protected under the Integrated Circuit Topography Act in Canadian law, and in European Union law by Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products), plant breeders' rights, plant variety rights, industrial design rights, supplementary protection certificates for pharmaceutical products and database rights (in European law). a.) Patent A patent grants an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process. b.) Copyright A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic

forms, or "works".Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. c.) Industrial design right An industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. d.) Trademark A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. Terms such as "mark", "brand" and "logo" are sometimes used interchangeably with "trademark". "Trademark", however, also includes any device, brand, label, name, signature, word, letter, numerical, shape of goods, packaging, colour or combination of colours, smell, sound, movement or any combination thereof which is capable of distinguishing goods and services of one business from those of others. It must be capable of graphical representation and must be applied to goods or services for which it is registered. e.) Trade Dress Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. f.) Trade Secrets A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In the US, trade secret law is primarily handled at the state level under the Uniform Trade Secrets

Act, which most states have adopted, and a federal law, the Economic Espionage Act of 1996 (18 U.S.C. 18311839), which makes the theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C. 1831(a), criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C. 1832, criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for the two offenses.) Trade secret law varies from country to country. OBJECTIVES The stated objective of most intellectual property law (with the exception of trademarks) is to "Promote progress." By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection." "If some intellectual property is desirable because it encourages innovation, they reason, more is better. a.) Financial incentive These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and

development costs. Some commentators, such as David Levine and Michele Boldrin, dispute this justification. b.) Economic Growth The WIPO treaty and several related international agreements are premised on the notion that the protection of intellectual property rights are essential to maintaining economic growth. The WIPO Intellectual Property Handbook gives two reasons for intellectual property laws: One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to

promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The Anti-Counterfeiting Trade Agreement (ACTA) states that "effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally". Economists estimate that two-thirds of the value of large businesses in the U.S. can be traced to intangible assets."IP-intensive industries" are estimated to generate 72 percent more value added (price minus material cost) per employee than "non-IP-intensive industries". A joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries found "a positive correlation between the strengthening of the IP system and subsequent economic growth." Economists have also shown that IP can be a disincentive to innovation when that innovation is drastic. IP makes excludable non-rival intellectual products that were previously non-excludable. This creates economic inefficiency as long as the monopoly is held. A disincentive to direct resources toward innovation can occur when monopoly profits are less than the overall welfare improvement to society. This situation can be seen as a market failure, and an issue of appropriability. c.)Morality According to Article 27 of the Universal Declaration of Human Rights, "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author".Although the relationship between intellectual property and human rights is a complex one, there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people

to further innovation. Lokeans argue that intellectual property is justified based on deservedness and hard work.

INTELLECTUAL PROPERTY PROTECTION IN THE PHILIPPINES Intellectual property protection in the Philippines is recognized by the Philippine government as vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. Hence, the government resolves to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people. The use of intellectual property bears a social function. As such, the government promotes the diffusion of knowledge and information for the promotion of national development and progress and the common good. The government policy is to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines. The U.S. Trade Representative removed the Philippines from its Special 301 Priority Watchlist in 2006, reflecting improvement in its enforcement of intellectual property rights protection. LEGISLATION Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, is an act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes. Effect on international conventions and on principle of reciprocity Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement

relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. Laws repealed Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more particularly: 1. Republic Act No. 165, as amended - An Act Creating a Patent Office, Prescribing its Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds Therefor; 2. Republic Act No. 166, as amended An Act to Provide for the Registration and Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same, and for Other Purposes. 3. Presidential Decree No. 49 Decree on the Protection of Intellectual Property 4. Presidential Decree No. 285, as amended [Decree on the Protection of Intellectual Property]; 5. Articles 188 and 189 of the Revised Penal Code of the Philippines. Parts of the law The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit: 1. The Intellectual Property Office 2. The Law on Patents 3. The Law on Trademarks, Service Marks and Trade Names 4. The Law on Copyright

5. Final Provisions Intellectual property rights 1. Copyright and related rights; 2. Trademarks and service marks; 3. Geographic indications; 4. Industrial designs; 5. Patents; 6. Layout designs [topographies] of integrated circuits; and 7. Protection of undisclosed information. Government agencies The agency of the government in charge of the implementation of the Intellectual Property Code is the Intellectual Property Office of the Philippines(IPO). It replaced the Bureau of Patents, Trademarks and Technology Transfer. It is divided into six [6] Bureaus, namely: Bureau of Patents; Bureau of Trademarks; Bureau of Legal Affairs; Documentation, Information and Technology Transfer Bureau; Management Information System and EDP Bureau; and Administrative, Financial and Personnel Services Bureau.