Professional Documents
Culture Documents
I. State Policies
* State recognizes that an effective intellectual and
industrial property system is: (1) vital to the
development of domestic and creative activity; (2)
facilitates transfers of technology; (3) attracts foreign
investments; (4) insures market access for our
products.
* Streamline administrative procedure for intellectual
property, liberalize registration of transfer of
technology and enhance the enforcement of
intellectual property rights.
* Sec. 13, Article XIV of the Constitution provides that
the rights of scientists, inventors, artists, and other
gifted citizens to their intellectual property and
creations, particularly when beneficial to the people
for such period as may be provided by law
* Treaties are part of our laws. Hence various treaties
are incorporated in the IPC.
II. What is included in Intellectual Property?
* Copyright and related rights;
* Related Rights or Neighboring Rights of copyright;
* Trademarks and Service Marks;
* Patents;
* Mark;
* Geographic indication
* Layout designs of Integral Circuits;
* Protection of Undisclosed Information; and
* Industrial Designs
III. What are intellectual property rights?
* Refers to those property rights, which result from the
physical manifestation of original thought. Thus,
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Truth, Honor and Excellence
*AMDG*
Commercial Law: Intellectual Property Code
Trademarks, Patent and Copyright
Trademark
It relates to visible sign capable
of distinguishing the goods of
an enterprise (trademark) or
the services of an enterprise
(service mark), and includes a
stamped or marked container
of goods.
publish
issued,
admi
adjudicate
contested
proceedings affecting IPR and coordinate with govt
agencies and private sector, and exercise orig
jurisdiction over dispute relating to the terms of a
license involving the authors rights.
Patent
It may pertain to either the
grant of rights over an invention,
to sell, use and make the same
whether
for
commerce
or
industry or the instrument
containing the grant, giving an
inventor a monopoly on the
inventors invention for limited
period.
In short, it is any technical
solution to a problem in any field
of human activity an inventive
step and is industrially capable.
Purpose
Copyright
System of legal protection an author
enjoys in the form of expression of
ideas. It may also be referred to as
the intangible, incorporeal right
granted by statute to the author or
originator of certain literary or
artistic productions, whereby he is
invested, for a limited period with
the sole exclusive privilege of
multiplying copies of the same and
publishing and selling them.
In short, it is the right over literary &
artistic works, which are original
intellectual creations in the literary,
and artistic domain protected fro the
moment of creation.
Stimulate artistic creativity for the
general public good and to promote
the progress of science and useful
arts.
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
As to how created
As
term
protection
Infringement
of
quality;
To
advertise
articles
they
symbolize;
To assure the public that they
are producing genuine article;
and
To protect the manufacturer
against substitution sale of an
inferior and different article
Acquired
through
valid
registration
1. The term of protection for
Patents: 20 years form the filing
date of the application
To encourage dissemination of
information
concerning
discoveries and inventions.
Subsists
creation
from
the
moment
of
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
4
Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
Remedies
do
not
1. Injunction
2.Action for damages
3.Court
may
order
the
infringing
material
to
be
disposed
of
outside
the
channels of commerce or
destroyed
Compulsory Licensing
1. Injunction
2.Action for damages
3.Criminal case
4.Obtain delivery for destruction
all infringing copies or devices
5.
Obtain
delivery
for
impounding sales invoices &
other documents evidencing
sales, all articles & their
packages alleged to infringe a
copyright
1. Injunction
2. Action for damages (w/in 4 years)
3.Criminal case
4. court order to impound or destroy
materials
5. payment of moral and exemplary
damages
6. seizure of materials
5
Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
3.
4.
5.
6.
Process
Improvement of the aforementioned
Microorganism
Non-biological and microbiological process
Non-Patentable Inventions
1. Discoveries, scientific theories, and mathematical
method (Example: EMC^2 is not patentable)
2. Schemes, rules and methods of performing mental
acts, playing games, or doing business and programs
for computer;
3. Methods for treatment of the human body or
animal body
4. Essential biological process for the production of
plants or animals;
5. Aesthetic creations;
6. Anything which is contrary to public order or
morality
Who owns the right to patent?
-Inventor
-Heirs
-Assigns
Ex: X invented a device that converted sugar into
gold. X sought the help of Y and together they
formed a corp to apply for the patent. X died before
registration. Z, here husband wants to register the
patent. In the case at bar, Z appears to have a better
right because as provided in the IPC if the applicant
is not the inventor, the IPO shall require the applicant
to submit the inventors authority. In the case at bar,
it does not appear that Y was authorized,
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
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-Where the act is done privately and on a noncommercial scale or for a non-commercial purpose:
Provided, That it does not significantly prejudice the
economic interests of the owner of the patent;
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
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Truth, Honor and Excellence
*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014
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Truth, Honor and Excellence
*AMDG*
Commercial Law: Intellectual Property Code
Trademarks, Patent and Copyright
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Truth, Honor and Excellence
*AMDG*
Commercial Law: Intellectual Property Code
Trademarks, Patent and Copyright
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Truth, Honor and Excellence