San Beda College of Law 2010 Centralized Bar Operations
INTELLECTUAL PROPERTY CODE REPUBLIC ACT 8293 Purpose: To strengthen the intellectual and industrial property system in the Philippines as mandated by the country’s accession to the Agreement Establishing the World Trade Organization (WTO) (Mirpuri vs. CA, GR No. 114508, November 19, 1999). LAWS SPECIFICALLY REPEALED BY THE IPC 1. 2. 3. 4.
Patent Law (RA 165); Trademark Law (RA 166); Copyright Law (PD 49); and 49); and Articles 188 & 189 of the RPC INTELLECTUAL PROPERTY
Intellectual Property Property - Those property rights which result from the physical manifestation of original thought (Ballantine's thought (Ballantine's Law Dictionary). Note: Note: There are NO property rights protected by law in mere ideas or mental conceptions. conceptions . When creations of mind are put in tangible form, there is appropriate subject of property that is protected by law (63A Am Jur 3d, Property, Section 5). Intellectual Property Rights (CoRe-PIMP-LG) 1. Copyright; Copyright; 2. Related Related rights or neighboring rights of copyright; 3. Patents; 4. Mark; 5. Geographic indications; 6. Industrial designs; 7. Layout designs (topographies) of integrated circuits; 8. Protection of Undisclosed information (Sec. 4).
Copyright Confined to literary or artistic works which are original creations in the literary or artistic domain protected from the moment of their creation. Patent Inventions Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable (Section 21, IPC). Trademark Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods (Section 121.1, IPC, and Elidad Kho v. Court of Appeals, GR No. 115758, March 11, 2002). Geographic Indication One which identifies a good as originating in the territory of a TRIPS member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin (Art. 22, Trade-Related Aspects of Intellectual Property Rights [TRIPS Agreement]). Layout Design Integrated Circuit
(Topography)
of
an
Integrated Circuit A product, in its final form or an immediate form, in which the elements, at least one of which is an element, and some or all of the interconnections are integrally formed in and/ or on a piece of material and which is intended to perform an electric function (Art. function (Art. 35, TRIPS Agreement). Layout Design (Topography) The three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all
EXECUTIVE COMMITTEE:
MANOLO ADEL SANTOS overall chair, KRISTINE ANNABELLEE HIPOS chair academic operations, MINISTER MOISES DU chair hotel operations, EZEKIEL JOSHUA VILLENA vice chair for operations, RYAN DARYL PINEDA vice chair for secretariat, DJOANIVIE JOMARE JUNASA vice chair for finance, MARIE MICAELA STA. STA. ANA, vice chair for edp, DIOXENOS SULIT vice chair for logistics SUBJECT COMMITTEE:
ANDREW ALCANTARA ALCANTARA subject chair, JENNETTE ROBINO ROBINO assistant subject chair, chair, ACE ARVIN GANDO edp, SHERRY JANE GASPAY laws on intellectual property, NOEL BURTON special laws, laws, SARAH JEANE CARDONA banking laws, JOYFUL KIAMZON KIAMZON code of commerce, commerce, JONATHAN BAJETA negotiable instruments laws, ALAN GUERRERO insurance laws, ANNA ROSE NAVA transportation transportation laws, GUIA MARIE TOMANENG corporation corporation laws MEMBERS:
Stephanie Narvaez, Faith de Torres, Jerico Galvez, Thomas Santos, Christian Ocampo, Walter Fernandez, Aaron Marc Saludo, Anthony Villamor, Gian Carlo Layson, Michael Ali, Jose Angelito Ilano, Dominic Paul Oso, Ronald Cubero, Maan Vanessa Doctor, Jaime del Rosario, Richelle Mari Marders, Charles Cambaliza, Pia Urbano, Raymund Jonas Flores, Carissa Eñano, Gian Marlo Urbano, Donna Castronuevo, April Rose Javier, Mary Mae Serafico, Clarence Octaviano, Adrienne Mae Aquino, Marilen Ang, Camhella Sandoval, Diane Dauz and Mapeps Andal
