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IP which includes patents, trademarks, copyrights and trade secrets- represents important assets to the entrepreneur and should e understood even before engaging the services of an attorney.
These patents are granted with a 14-yr term and like the utility patent, provides an inventor with a negative right excluding others from making, using or selling an article having the ornamental appearance given in drawings included in the patent.
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Trademark
A trademark is a tool used that differentiates goods and services from each other. It is a very important marketing tool that makes the public identify goods and services. A trademark can be one word, a group of words, sign, symbol, logo, or a combination of any of these. Generally, a trademark refers to both trademark and service mark, although a service mark is used to identify those marks used for services only.
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Trademarks
Trademarks
Benefits in Trademarks
1. It provides notice to everyone that you have exclusive rights to the use of the mark throughout the territorial limits of the country. 2. It entitles you to sue in a court of law for trademark infringement, which can result in recovery of profits, damages and costs. 3. It established incontestable rights regarding the commercial use of the mark. 4. It establishes the right to deposit registration with customs to prevent importation of goods with a similar mark. 5. It entitles you to use the notice of registration 6. It provides a basis for filing trademark application in foreign countries.
Trademarks
Infringement Cases
Copyright
Copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific and artistic domain. Among the literary and artistic works enumerated in the IP Code includes books and other writings, musical works, films, paintings and other works, and computer programs.
Copyright
WHAT ARE THE WORKS COVERED BY COPYRIGHT PROTECTION UNDER THE INTELLECTUAL PROPERTY CODE? Section 172 of the IP Code lists the works covered by copyright protection from the moment of their creation, namely: (a) Books, pamphlets, articles and other writings (b) Periodicals and newspapers (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form (d) Letters
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Copyright
(e) Dramatic or dramaticmusical compositions; choreographic works or entertainment in dumb shows (f) Musical compositions, with or without words (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of art; models or designs for works of art (h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art (i) Illustrations, maps, plans, sketches, charts and threedimensional works relative to geography, topography, architecture or science (j) Drawings or plastic works of a scientific or technical character rowena ginafe p. vargas, mba
Copyright
(k) Photographic works including works produced by a process analogous to photography; lantern slides (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings (m) Pictorial illustrations and advertisements (n) Computer programs (o) Other literary, scholarly, scientific and artistic works.
WHAT CONSTITUTES INFRINGEMENT? Under the IP Code Copyright infringement consists in infringing any right secured or protected under the Code. It may also consist in aiding or abetting such infringement. The law also provides for the liability of a person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of: Selling or letting for hire, or by way of trade offering or exposing for sale or hire, the article; Distributing the article for the purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or Trade exhibit of the article in public.