RA. 8293 Flashcards
(19 cards)
What is intellectual property?
A category of property that includes intangible creations of the human intellect, including copyrights, patents, trademarks, and trade secrets.
What is R.A. 8293?
The Intellectual Property Code of the Philippines, prescribing the Intellectual Property Code and establishing the Intellectual Property Office.
What are the types of intellectual property rights under R.A. 8293?
- Copyright and Related Rights
- Trademarks and Service Marks
- Geographic Indications
- Industrial Designs
- Patents
- Layout-Design (Topographies) or Integrated Circuits
- Protection of Undisclosed Information
What do patents protect?
New, useful, and non-obvious inventions and ideas, which can include devices, structures, processes, and machinery.
What do copyrights protect?
Original textual works and visual or artistic expressions.
What is a trademark?
A mark that protects source identifications, usually for brands, slogans, logos, or designs.
What is a service mark?
A work or mark that identifies the provider of a service.
What is a mark?
Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise.
What are the parts of the Intellectual Property Code?
- Part I: The Intellectual Property
- Part II: The Law on Patent
- Part III: The Law on Trademarks, Service Marks, and Trade Names
- Part IV: The Law on Copyrights
What is Section 76.1 about?
Patent Infringement.
What is the punishment for trademark infringement under Section 155?
Civil and criminal penalties, including possible fines and imprisonment.
What are the civil actions for infringement under Section 76?
- Award Damages
- Increase the Damages
- Disposal of Infringing Goods
- Contributory Infringers
What is the imprisonment range for criminal action for repeated infringement under Section 84?
6 months to 3 years.
What are the penalties under Section 170 for conviction?
- Imprisonment from 2 years to 5 years
- A fine ranging from P50,000 to P200,000
What are some non-patentable inventions under Section 22?
- Scientific Discoveries
- Mental Acts
- Medical Inventions
- Biological Inventions
- Aesthetic Creations
- Inventions Contrary to Public Order or Morality
What limitations are placed on patent rights under Section 72?
- Exhaustion of Patent Rights
- Private and Non-Commercial Use
- Scientific and Educational Use
- Regulatory and Approval Processes for Drugs
- Medical Preparation
- Use in Transport Vehicles
What are the limitations on copyright under Section 184?
- Private, Free of charge Performance of a Work
- Properly cited Quotations
- Properly cited media (broadcast, print)
- Broadcast for Teaching Purposes
- Recordings in Educational Institutions
- For Government Use
- Non-Profit Making Public Performance
- Display of Original Work (Film)
- Judicial Proceedings
- Distribution of Published Articles in a Specialized Format
What is fair use of copyrighted work as per Section 185?
The allowance for certain uses of copyrighted material without needing permission from the copyright holder.
What areas for improvement are suggested for the Intellectual Property Code?
- Simplification of Formatting
- Concision & Understandability
- Simplification of Filing Procedures
- Adjust the Filing Time Period
