GROUP VI PALACOL, MARK NICOLE B. MATIRA, LENDON P. CAPACIO, HONEYLET M.
Report in Organized Crime:
INTELLECTUAL PROPERTY RIGHT
Background/Introduction The objects of intellectual property are the creations of the human mind, the human intellect hence the expression “intellectual” property. In a somewhat simplified way, one can state that intellectual property relates to pieces of information which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information reflected in those copies. Similar to property in movable things and immovable property, intellectual property, too, is characterized by certain limitations
Why Intellectual Property? Intellectual property rights are often confusing and sometimes the topic of heated debates. There are those who question the worth of creative products and projects, claiming design and art are something anyone can do, regardless of training, experience, or any inherent ability. As creative’s, a deterioration of intellectual property rights is a dangerous possibility. By going public with our work, we have no recourse to prevent others from using our designs, our photos, or our other artwork without paying us or even offering proper credit.
What are Intellectual Properties? Intellectual property (IP) refers to any creation or product of the human mind or intellect. It can be an invention, an original design, a practical application of a good idea, and a mark of ownership such as trademark, literary and artistic works, among other things
“Intellectual Property R ights”
consists of: a. b. c. d. e. f.
Copyrights and Related Rights; Trademarks and Service Marks; Geographical Indications; Industrial Designs; Patents; Lay-out designs (Topographies) of Integrated Circuits; and g. Protection of Undisclosed Information
ABOUT PATENTS A Patent is a grant issued by the government through the Intellectual Property Office of the Philippines (IP Philippines). It is an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent.
Importance of Patent Registration • •
The patentee can be a sole supplier of the patented invention Allow any third party to use the patented invention for licensing fee
PATENTABLE INVENTIONS • • • • •
A Technical Solution to a Problem in any field of human activity It must be NEW It must involve an INVENTIVE STEP It must be INDUSTRIALLY APPLICABLE
Statutory Classes of Invention • • • • • •
A useful machine A product or composition A method or process, or an improvement of any of the foregoing Microorganism Non-biological & microbiological process
Non-Patentable Inventions • • • •
Discovery Scientific theory Mathematical methods Scheme, rule and method of performing
mental act • • • •
playing games doing business program for computer Method for treatment – human or animal body
by Surgery or therapy & diagnostic method • Plant variety or animal breed or
essentially Biological processes for the production of plants and animals • Aesthetic creation
APPLICATION Applicant or Inventor First obtain practical ideas as to how specification and claims are drafted by perusal and study of patents previously granted on related invention in the IPP Library or to any IP website
A
UTILITY MODEL
is a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. It may be any useful machine, implement, tools, product, composition, process, improvement or part of the same, that is of practical utility, novelty and industrial applicability. A utility model is entitled to seven (7) years of protection from the date of filing, with no possibility of renewal.
Application of Utility Model registration is direct with the IP Philippines. An application for registration should contain a duly accomplished request for registration as prescribed by the Bureau, specification or description containing the following: (a). title; (b) technical field; (c). background of the Utility Model; (d) brief description of the several views of the drawings, if any; (e) detailed description; (f) claim or claims; (g) drawings, if any; and (h) abstract of the disclosure.
ABOUT INDUSTRIAL DESIGN An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles; from textile designs to leisure goods.
ABOUT TRADEMARK WHAT IS A TRADEMARK? WHY IS IT IMPORTANT?
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
What may be registered? Your mark should be able to distinguish your goods or services from those of others. Your mark should also meet the requirements for registrability of marks under Sec. 123.1 of the Intellectual Property Code.
HOW CAN YOU PROTECT YOUR MARK? In the Philippines, a trademark can be protected through registration. Registration gives the trademark owner the exclusive right to use the mark and to prevent others from using the same or similar marks on identical or related goods and services.
What may be registered? Your mark should be able to distinguish your goods or services from those of others. Your mark should also meet the requirements for registrability of marks under Sec. 123.1 of the Intellectual Property Code
Your mark will not be registered if it is:
DESCRIPTIVE MISLEADING GENERIC and customary to trade Contrary to Public Order or Morality CONSISTS OF NAMES, PORTRAITS OF PERSONS, MAPS, FLAGS AND OTHER POLITICAL SYMBOLS SHAPE AND COLOR MARKS THAT MAY CAUSE CONFUSION
WHAT IS COPYRIGHT? Copyright is the legal protection extended to the owner of the rights in an 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. “Original
work”
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
(e) Dramatic or dramatico-musical 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 three-dimensional works relative to geography topography, architecture or science (j)Drawings or plastic works of a scientific or technical character (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 audio-visual recordings
(m) Pictorial illustrations and advertisements (n) Computer programs (o) Other literary, scholarly, scientific and artistic works.
WHAT ARE THE TWO TYPES OF RIGHTS UNDER COPYRIGHT? There are two types of rights under copyright: 1) economic rights, so-called because they enable the creator to obtain remuneration from the exploitation of his works by third parties, and 2) moral rights, which makes it possible for the creator to undertake measures to maintain and protect the personal connection between himself and the work.
Copyright ownership Generally, the natural person who created the literary and artistic work owns the copyright to the same.
WHAT IS THE TERM OF PROTECTION OF COPYRIGHT?
The term of protection of copyright for original and derivative works is the life of the author plus fifty (50) years after his death.
WHAT ARE THE LIMITATIONS ON COPYRIGHT AND FAIR USE? Copyright protection is not intended to give the copyright owner absolute control over all possible exploitation of his work. The law provides for limitations (“statutory fair uses”) on
the economic rights of authors comprising of acts which do not constitute copyright infringement even if done without the consent of the copyright holder
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 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.
Recognition of Intellectual Property The state recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilities transfer of technology, attracts foreign investments, and ensures market access for our products. It 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 periods. Republic Act No. 8293 was approved into law to protect Intellectual Property Right (IP).
The Intellectual Property Office of the Philippines (IPOPHL) IPOPHL is the lead agency responsible for handling the registration and conflict resolution of intellectual property rights. It was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines, which took effect on January 1, 1998 under the presidency of Fidel V. Ramos.
THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293]
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE,PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES.
Section 1.Title. - This Act shall be known as the "Intellectual Property Code of the Philippines."
Sec. 4.Definitions.4.1. The term "intellectual property rights" consists of: [a] [b] [c] [d] [e] [f]
Copyright and Related Rights; Trademarks and Service Marks; Geographic Indications; Industrial Designs; Patents; Layout-Designs (Topographies) of Integrated Circuits; and [g] Protection of Undisclosed Information
Sec. 5.Functions of the Intellectual Property Office (IPO). 5.1. To administer and implement the State policies declared in this Act, there is hereby created the Intellectual Property Office (IPO) which shall have the following functions: [a]
Examine applications for grant of letters patent for inventions and register utility models and industrial designs;
[b]
[c]
Examine applications for the registration of marks, geographic indication, integrated circuits; Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer;
[d]
Promote the use of patent information as a tool for technology development;
[e]
Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered;
[f]
Administratively adjudicate contested proceedings affecting intellectual property rights; and
[g]
Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country.
Sec. 6.The Organizational Structure of the IPO. 6.1. The Office shall be headed by a Director General who shall be assisted by two (2) Deputies Director General. 6.2. The Office shall be divided into six 6) Bureaus, each of which shall be headed by a Director and assisted by an Assistant Director.
These Bureaus are: [a] [b] [c] [d]
The Bureau of Patents; The Bureau of Trademarks; The Bureau of Legal Affairs; The Documentation, Information and Technology Transfer Bureau; [e] The Management Information System and EDP Bureau; and [f] The Administrative, Financial and Personnel Services Bureau.
RECOMMENDATIONS:
Studying the current scenario in the Philippines where there are around 5,000 registered patents in IPOPHL in the Philippines, 95% foreign owned and only 5% are Filipino owned. Registered trademarks are only 8,000, 50% is foreign owned and the other 50% is Filipino owned.
OTHER ISSUANCES TO PROTET INTELLECTUAL PROPERTY RIGHTS The first laws protecting intellectual property rights were enacted in the Philippines in 1947, to wit: 1.Republic Act No. 165 otherwise known as “An Act Creating a Patent Office, Prescribing its Powers and Duties, Regulating the Issuance of Patents and Appropriating Funds Therefor”.
Republic Act No. 166 otherwise known as “An Act to Provide for the Registration and Protection of Trade Marks, Trade Names and Service Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same, and for other Purposes”.
3.Republic Act No. 422 transferring the examination of copyright applications to the Bureau of Public Libraries.
4. Republic Act No. 623 regulating the use of duly stamped or marked bottles, boxes, casks, kegs, barrels, and other similar containers; providing, in the case of foreign applicants, for reciprocity and recognition of their priority rights; establishing, in the case of trademarks, principal and supplemental as well as interference proceedings; extending protection of utility models and industrial designs under the patent system; and providing, in the case of trademark registration, for reciprocity arrangement with other countries.
5.Republic Act No. 5434 providing for a uniform procedure for appeals from the decision of quasi judicial officers including the Director of Patents. 6. Administrative Order No. 94 [November 20, 1967] creating a committee to review the Philippine patent system and recommend amendatory laws to further upgrade it.
7. Presidential Decree No. 721 creating the Legal Services Division and the Research and Information Division in the Philippine Patent Office. Subsequently, major reorganization of the various Divisions was made in the 1980's. The General Organic Chemistry Division and the ChemicalTechnology Division were merged to form the Chemical Division. The Mechanical-Electrical Divisionwas merged with the Mechanical, Design, Utility Model Division and Electrical Division to form the Mechanical and Electrical Examining Division
8.Presidential Decree No. 1263 amending Republic Acts Nos. 165 and 166, granting authority to the PhilippinePatent Office to increase its fees and to spend a portion of its income for priority projects; exempting indigent inventors who filed their application for patent through the Philippine Inventor's Commission from all fees charged by the Philippine Patent Office; and shortening the period for thegrant of a compulsory license from one hundred eighty [180] days to one hundred twenty [120] daysfrom the date the petition is filed in cases where the compulsory license applied for is on a patented product or process involving any project approved by the Board of Investments [BOI].
9. Executive Order No. 133 [February 27, 1987] merging the Philippine Patent Office with the then Technology Transfer Board thereby creating the Bureau of Patents, Trademarks and Technology Transfer [BPTTT]. 10. Executive Order No. 60 was issued in 1993 creating the Inter-Agency Committee on Intellectual Property Rights [IAC-IPR] under the Office of the President of the Philippines
11.
Department Administrative Orders Nos. 5 and 6 introduced amendments to the Rules of Practice in Patent and Trademark Cases and the Rules of Procedures of the Technology Transfer Registry effective on March 15, 1993.cralaw
RECOMMENDATIONS:
Intellectual Property Office of the Philippines should really enforce the implementation of the so many issuances about Intellectual Property and that can be initiated by “ADVOCACY” and strictly monitoring the implementation of such issuances.
RECOMMENDATIONS:
Orders will be very successful only by creating IP awareness. We as “Criminology Students” who will soon be partners of the Intellectual Property Rights campaign are the first to be advocated of these policies. This will be our contribution in order to protect and develop Filipino businesses awareness throughout the country.
Conclusion: Intellectual property rights are one of the most important aspects of the creative world and need to be honored by those who are part of that world, as well as those who aren’t. Don’t disrespect your fellow
creative by stealing their work and using it for your own benefit. Give credit where credit is due, pay for things that require payment, and set an example for others, whether they’re creative professionals or
simply consumers.
1/ Schedule 1
References: a)Joint business-government initiative gets underway, by Jenalyn M. Rubio, May 11, 2006; b) Intellectual Property Office of the Philippines; c) The Intellectual Property Code of the PhilippinesRepublic Act No. 8293; d ) Intellectual Property Code of the Philippines-Chan Robles and Associates Law Firm; e} WIPO Introduction Seminar on INTELLECTUAL PROPERTY organized by the World Intellectual Property Organization (WIPO)in cooperation with the Ministry of Commerce and Industry and the Sultan Qaboos University (SQU), Muscat, April 19, 2004
QUOTES OF THE DAY
Jasmina Siderovski
"Vision is the art of seeing what is invisible to others." ~ Jonathan Swift (November 30, 1667 - October 19, 1745)
