Building Information Modeling in Support of Sustainable Design and Construction in Philippines

The use of building information modeling (BIM) has provided a means of increasing total project quality, providing accurate quantity take-offs, and improving scheduling, consequently diminishing total project contingencies and costs. Although BIM is a recent development, a lot of research has been conducted in order to further enhance the capabilities of BIM in design and construction. However, there has been very little research done so far on the effect that BIM has on sustainable construction practices. Hence, the goal of this research is to investigate the perceptions of the use of BIM for sustainable design and construction among designers and constructors. A survey was developed and administered through the Internet to determine the existing trends of BIM application in general as well as its use as a tool in sustainable design and construction. The survey results indicated that although the majority of the respondents believed that sustainable design and construction practices were of importance within their company, most still believed that sustainability was not a primary application of BIM and that project coordination and visualization were instead more important. Although BIM is perceived as a multidisciplinary tool, problems with interoperability continue to persist among the various BIM applications in the industry. In terms of project delivery methods, the majority of the survey respondents believed that design/build and integrated project delivery (IPD) are the optimal project delivery methods to integrate BIM as a sustainability tool. Although BIM is still a recent development, as more design and construction professionals understand the potential benefits offered through its use, BIM will become a vital tool for sustainable design and construction.

Introduction of BIMs Use and Benefits to Design-Bid-Build Construction firms in Manila Implementation of BIM to Philippine Government Construction firms

Modeling Weather-Sensitive Road Construction Activity Using Simulation Manila

This paper proposes a framework for simulating weather-sensitive construction projects that are executed under extreme weather conditions. It applies the framework steps to enable simulating and planning pipeline construction activities under severe cold weather conditions. The uncertainties caused by weather, such as extreme cold, heat, wind, or precipitation, can significantly affect a projects schedule and produce sign ificant deviations from the baseline schedule. The proposed framework structures a project in the way an engineer would approach it, setting out a breakdown of work activities to quantify weather effects and account for their impact on the project baseline. The proposed weather-sensitive construction simulation framework is employed to determine the effects of weather on the construction process of high-density polyethylene (HDPE) pipe installation. The relevant simulation findings are reported to clarify the impact of extreme weather events on construction projects and to assist in project planning and decision support.

Read More: http://ascelibrary.org/action/showAbstract?page=238&volume=137&issue=3&journalCode=jcemd4&

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

Republic Act No. 8293

GENERAL OVERVIEW

The law: Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing
the Intellectual Property Office, Providing for Its Powers and Functions, and for Other Purposes]otherwise known as the Intellectual Property Code of the Philippines.

State policy declaration: The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall 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, for such periods as provided in this Act. The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. It is also the policy of the State 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. 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];
c ralaw

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: PART I The Intellectual Property Office PART II The Law on Patents PART III The Law on Trademarks, Service Marks and Trade Names PART IV The Law on Copyright PART V Final Provisions Intellectual property rights under the I. P. Code: The intellectual property rights under the Intellectual Property Code are as follows: 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 which replaced the Bureau of Patents, Trademarks and Technology Transfer. It is divided into six [6] Bureaus, namely: [1] Bureau of Patents; [2] Bureau of Trademarks; [3] Bureau of Legal Affairs; [4] Documentation, Information and Technology Transfer Bureau; [5] Management Information System and EDP Bureau; and [6] Administrative, Financial and Personnel Services Bureau. Functions of the Intellectual Property Office: The Intellectual Property Office is mandated under the law to: 1. Examine applications for the grant of letters patent for inventions and register utility models and industrial designs; 2. Examine applications for the registration of marks, geographic indication and integrated circuits; 3. Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and

facilitate

technology

transfer;

4. Promote the use of patent information as a tool for technology development; 5. Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered; 6. Administratively adjudicate contested proceedings affecting intellectual property rights; and 7. Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. Significant features of the law: 1. A shift was made from the "first-to-invent system" under R. A. 165 [old law] to "first-to-file system" under the new law. 2. In the case of inventions, the period of the grant was increased from 17 years from grant under the old law to 20 years from date of filing under the new law. 3. In the case of utility models, the previous grant of 5 years plus renewals of 5 years each under the old law was changed to 7 years without renewal under the new law. 4. In the case of industrial designs, the previous grant of 5 years plus renewals of 5 years each was maintained. 5. Under the old law, there was no opposition proceedings and the examination is mandatory; under the new law, the examination is made only upon request [possibly with or without examination]. 6. Under the old law, publication is made after the grant; under the new law, publication is effected after 18 months from filing date or priority date. 7. Under the old law, the penalties for repetition of infringement are: PhP10,000 and/or 5 years of imprisonment and the offense prescribes in 2 years; under the present law, the penalties range from PhP100,000 to PhP300,000 and/or 6 months to 3 years of imprisonment and the offense prescribes in 3 years. Significant changes in the trademark law: The significant changes in the trademark law under the old law [R. A. No. 166] and the present law are as follows: 1. Under the former, the element of use before filing a local application is a requirement although this is not required when the application is based on foreign registration; while under the latter, the element of use has been

eliminated as a requirement for application. 2. Under the former, the term granted is 20 years renewable for 20-year periods; while under the latter, the term is for 10 years, renewable for 10-year periods. 3. Under the former, the affidavit of use or non-use is required on the 5th, 10th and 15th anniversaries; while under the latter, proof of use within 3 years from the filing of the application is required and the affidavit of use should be filed within 1 year from the 5th anniversary. 4. Under the former, a Supplemental Register is required to be maintained; while under the latter, it is no longer required. 5. Under the former law, penalties for infringement, unfair competition, false designation of origin and false description or representation range from fine of PhP500 to PhP2,000 and/or 6 months to 3 years and 4 months of imprisonment; while under the latter law, the penalties range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years of imprisonment. Significant changes in the copyright law: It is now required that after the first public dissemination of performance by authority of the copyright owner of certain specified work, there shall, for the purpose of completing the records of the National Library and the Supreme Court library, within three (3) weeks, be registered and deposited with it, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. The scheme of penalties for infringement has also been changed. From the previous fine of Php200 to Php2,000 and/or imprisonment of 1 year, the current range of penalties are as follows:
cralaw

For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3 years For second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment of 3 to 6 years For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million and/or imprisonment of 6 to 9 years. In case of insolvency, the offender shall furthermore suffer subsidiary imprisonment.
A design patent protects only the ornamental appearance of an invention, not its utilitarian features. A utility patent would protect the way an article is used and works. It can be very confusing to understand the difference between a design patent and other types of intellectual property. Vs Utility Patents

It can get tricky because while design and utility patents provide separate types of protection, the utility and ornamentally of an invention are not easily separable. Inventions have both functional and ornamental characteristics and you can apply for both a design and a utility patent for the same invention. Moreover, if the design does provide utility for an invention (for example; the ergonomic shape design of a keyboard makes it useful as an invention that provides comfort and reduces carpal tunnel syndrome) then you would apply for a utility patent to protect the design. View: Example and Definition. Vs Copyrights Design patents protect the novel ornamental features of a utilitarian invention. Copyrights can also protect things that are ornamental, however, copyrights do not have to protect useful things for example, a fine art painting or sculpture. Vs Trademarks Design patents can be filed for the same subject matter protected by a trademark. However, two different set of laws apply to patents and trademarks. For example, if the shape of a keyboard was protected by a design patent then anybody copying your shape would beinfringing upon your patent rights. If the shape of your keyboard was trademark registered, anybody copying your keyboard shape and causing confusion for consumers (i.e. causing you to lose sales) would be infringing upon on your trademark. Legal Definition of "Design" According to the USPTO: A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture. The Invention Vs The Design An ornamental design may be embodied in the entire invention or only a part of the invention. The design could be ornamentation applied to the surface of an invention. Note: When preparing your design patent application and creating your patent drawings; if a design is just surface ornamentation, it must be shown applied to an article in the patent drawings, and the article must be shown in broken lines, as it forms no part of the claimed design.