IP Flashcards by ANGELIE LATOG

IPOPHL

Intellectual Property Office of the Philippines

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Director III, Bureau of Copyright and Related Rights & Rector-in-Charge, IP Academy

Frederick P. Romero, Ph.D

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It refers to the creations of the mind.

Intellectual property

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It refers to mechanical or electrical device, chemical composition, or process.

Inventions

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The term shall be twenty (20) years from the filing date of the application. The patent must be maintained yearly, starting from the 5th year, but there is no possibility of renewal.

Patent

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It is entitled to seven (7) years of protection from the date of filing, with no possibility of renewal.

Utility Model

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A word or logo used on packaging for product, or in connection with services, to identify producer or seller of goods or services.

Symbols Used in Commerce

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Its period of protection is ten (10) years from the date of registration and is renewable for a period of ten (10) years at a time.

Trademark

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An ornamental design that gives a new or original appearance to a useful item.

Designs

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The registration for an industrial design is for a period of 5 years from the filing date of the application. The registration of an industrial design may be renewed for not more than two (2) consecutive periods of five (5) years each by paying a renewal fee.

Industrial Design

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Is there a possibility of renewal of Patent? If yes, what period of time?

No.

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Is there a possibility of renewal of Utility Model? If yes, what period of time?

No.

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Is there a possibility of renewal of Trademark? If yes, what period of time?

Renewable for a period of ten (10) years at a time.

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Is there a possibility of renewal of Industrial Design? If yes, what period of time?

May be renewed for not more than two (2) consecutive periods of five (5) years each by paying a renewal fee.

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Book, pamphlet or other written material, drawing or painting, sculpture, song, movie, photograph, or software.

Literary and artistic works

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It lasts for the lifetime of the author plus 50 years after their death.

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3 Intellectual Property Process

IP commercialization and Utilization
IP Creation
IP Protection

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The process of turning a creation or invention into a commercially feasible product, service or process

IP commercialization and
Utilization

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The state shall encourage the society to be more innovative and creative towards economic and socio-cultural development.

IP Creation

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The state shall protect and secure the exclusive rights of scientists, inventors, artists and other intellectual property and creations.

IP Protection

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1987 Constitution; Article XIV, Section 13:

The state 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 period as may be provided by law.

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R.A. No. 8293

IP Code

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R.A. No. ___
IP Code

8293

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IP Code declaration of state policy

The State shall protect and secure the exclusive rights of scientists, investors, 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.

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It is the government agency mandated to administer and implement State policies on IP to strengthen the protection of IP rights in the country.

IPOPHL

It commits to deliver high quality, fast, reliable, affective and efficient services to promote innovation and encourage the creation, utilization, protection of and respect for IP.

IPOPHL

Why Knowledge on IP is Important?

1. To know your rights as the creator of the intellectual property and protect against intellectual property infringement. 2. To know the right of others on their IP and to build a culture of respect on intellectual property. 3. To be part of the whole-of-society approach in creating a stronger and effective IP system in the Philippines.

They capitalizes on the drawing of a symbol and puts effort to build a symbol to convey the desirability of his/her products/services and to gain trust.

Business Owners

It refers to any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.

Mark

It refers to the name or designation identifying or distinguishing an enterprise. Official name under which an entity does business such as a corporate name, company or partnership name, or business name of a sole proprietorship.

Trade Name

Any visible sign capable of distinguishing the origin or any other common characteristic of goods or services of different enterprises which use the sign under the control of the registered owner of the ___.

Collective Marks

4 Functions of a Trademark:

1. Source Identifier 2. Differentiator 3. Quality Indicator 4. Advertising Device

Importance of Trademarks for MSMEs

- Can be used for marketing/advertising - Ca be used for licensing - Can be assigned a value - Useful for business activities - Attracts domestic and foreign investors - Creates employment - Generates revenues - Means of making MSMEs competitive in the global market

MSME

Micro, Small, and Medium Enterprises

5 Spectrum of Distinctiveness of Mark

1. Fanciful - made up words 2. Arbitrary - word or images not related to goods/services 3. Suggestive - requires consumers to connect product 4. Descriptive - merely describes the goods/services 5. Generic - names of products they seek to identify

11 Categories of Trademarks

1. Word Marks 2. Figurative Marks 3. Word and Figurative Marks 4. Three-Dimensional Marks 5. Color Marks 6. Patterns 7. Motion Marks 8. Hologram Marks 9. Sound Marks 10. Smell Marks 11. Texture Marks

6 Signs That Cannot Be Used as Trademarks

1. Immoral, deceptive, scandalous, false suggestions 2. Flags or coat of arms 3. Name, portrait or signature 4. Confusing Similarity 5. Misleading Marks 6. Exclusively Generic and Customary

Why Register Your Trademarks? 3Gs

Grants exclusivity Gains recognition and reputation Generates goodwill

It is given on a first-to-file (in good faith) basis. It also refers to the validity of registration, the registrant's ownership of the mark; and the registrant's exclusive right to use the same in connection with goods or services and those related thereto specified in the certificate.

Certificate of Registration

It is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world.

Madrid System

Madrid System is also known as?

Madrid Protocol or simply Madrid

It is a convenient solution for registering and managing trademarks worldwide.

Madrid System

It refers to the the legal protection extended to the owner of the rights in an original work that one has created.

How is copyright acquired?

Works are protected by the sole fact of their creation, irrespective of the mode or form of expression, as well as their content, quality and purpose.

Expression dichotomy, only the expression of an ___ is protected by copyright not the ___ itself. Note: 1 answer only

idea

In original literary and artistic works, copyright shall belong to the ___ of the work.

author

In works of joint authorship, ___ shall be the original owners of the copyright. In the absence of agreement, their rights shall be governed by the rules on co-ownership

co-authors

In work created by an author during and in the course of his employment, the copyright shall belong to the ___, if the creation of the object of copyright is not a part of his regular duties even if the ___ uses the time, facilities and materials of the employer. Note: 1 answer only

employee

In work created by an author during and in the course of his employment, the copyright shall belong to the ___, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.

employer

In work commissioned, the ___ shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.

person who so commissioned the work

In audiovisual work, the copyright shall belong to the ___ .

producer, the author of the scenario, the composer of the music, the film director, and the author of the work adapted.

In letters, the copyright shall belong to the ___.

writer

Works not protected:

1. Ideas 2. Procedure 3. System 4. Method of operation 5. Concept 6. Principle 7. Discovery 8. Mere data 9. News and other miscellaneous facts 10. Official text and any official translation

What rights does copyright provide?

* Economic Rights * Moral Rights

Limitations and Exceptions * Statutory Fair Use:

- Educational Purpose - Government Use - Use by Visually Impaired Persons

Fair Use Four Test:

1. The purpose and character of the use 2. The nature of the work 3. The amount and substantiality of the portion used in relation to the work as a whole 4. The effect of the use on the market or potential market for the original work

1. Three copies of Copyright Deposit Form 2. Two copies of Original work (printed or placed in digital storage: CD, USB) 3. Three photocopies of your valid ID with signature 4. Deposit Fee

Any technical solution to a problem in any field of human activity which is new and industrially applicable.

Utility Model

Constitutes the ornamental or aesthetic aspect of an article.

Industrial Design

A sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

Trademark

A legal term used to describe the rights that creators have over their literary and artistic works.

Includes the geographical indication, traditional knowledge, trade secrets, etc

Other IP-related Areas

Provides the patent owner with the right to decide how or whether the invention be used by others.

Patent

A patent is a ___ - issued, upon application, by a government office (or a regional office acting for several countries).

document

It describes inventions and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the owner of the patent.

Patent

Patent =

inventions

Utility Models =

improvements

Industrial Designs =

aesthetics

Trademarks =

branding

creative work

CPA

Closest Prior Arts

Once expected = it is obvious, therefore, not ---

patentable

PSR

Patent Search Report

NITI acronym

1. Novelty 2. Inventiveness 3. Technology 4. Industrial applicability

It provides the framework that defines the ownership, protection, management, and utilization of the Intellectual Property (IP) generated by Institute constituents.

The Intellectual Property Policy of MSU-IIT hereafter referred to as MSU-IIT IP Policy

IPAC

Intellectual Property Advisory Council