Che 427 IPR

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ChE 427

Methods of Research

INTELLECTUAL PROPERTY RIGHTS

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RA 8293

RA 8293: Intellectual Property Code of the Philippines

Law that provides protection for intellectual property

Approved by President Fidel V. Ramos on June 6, 1997

took effect on January 1, 1998

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RA 8293

Intellectual Properties includes the following:

Patent

Industrial Design

Trademark and Service Mark

Copyright and Related Rights

Geographical Indications

Layout Designs of Integrated Circuits

Undisclosed Information

Utility Models

Plant Varieties

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RA 8293

Patent

It is an exclusive right granted for a product, process or animprovement of a product or process which is new, inventiveand useful.

,

using, or selling the product of his invention during the life ofthe patent.

Term protection of twenty (20) years providing an inventor

significant commercial gain.

In return, the patent owner must share the full description ofthe invention

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RA 8293 PATENTABLE INVENTIONS

• A Technical Solution to a Problem• In any field of human activity

• It must be NEW

• It must be INDUSTRIALLY APPLICABLE

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RA 8293 Statutory Classes of Invention

• A useful machine• A product or composition

• A method or process, or

• Microorganism

• Non-biological & microbiological process

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RA 8293

Non-Patentable Inventions

• Discovery

• Scientific theory• Mathematical methods• Scheme, rule and method of • performing mental act•

• 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• Contrary to public order or morality (Sec. 22, IP Code )

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RA 8293 Who may apply for a Patent?

Natural person

Juridical person• a body of persons, a corporation, a partnership, or other

legal entity recognized by law

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RA 8293 Requirements for Filing a Patent

1. Request for the Grant of Patent

2. Description of the Invention(Specification and Claim/s)

3. Drawings necessary for the Invention (if any)

4. Filing Fee

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RA 8293 CONTENTS OF THE SPECIFICATION

1. Title of the Invention

2. Abstract of the Disclosure 3. Background of the Invention

4. Summary of the Invention

5. Brief Description of the Drawings 6. Detailed Description

7. Claim/s

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RA 8293 TRADEMARK

A tool used that differentiates goods and services from eachother. It is a very important marketing tool that makes the

public identify goods and services.

an e one wor , a group o wor s, s gn, sym o , ogo, or a

combination of any of these.

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RA 8293

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HOW CAN YOU PROTECT YOUR MARK?

In the Philippines, a trademark can be protected throughregistration.

Gives the trademark owner the exclusive right to use the mark and

or related goods and services.

The right to a trademark is granted to the one who first files a

trademark application with the IP Philippines.

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RA 8293 What may be registered?

Your mark should be able to distinguish your goods or services

from those of others. Your mark should also meet therequirements for registrability of marks under Sec. 123.1 of the

Intellectual Property Code

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RA 8293 Your Mark will not be registered if

DESCRIPTIVE

These are marks that describe the characteristics of the goods

“ ”.

quality), “A LITER” for cooking oil (quantity), and so is

“KITCHEN” for cooking utensils (intended purpose).

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RA 8293 MISLEADING

Marks that are likely to deceive or have the tendency to

misinform the consumers about the actual characteristics of the

goods or services like “BOLPENS” for pencils, “COLA” for

alcoholic beverages, “BULAKAN” for sweets not originating

from or produced in Bulacan.

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RA 8293 Contrary to Public Order or Morality

Marks that are against the common standard of morality.

An example

“PRO-TERRORISM” for clothing.

MARY JANE for cigarettes

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RA 8293 GENERIC and customary to trade

Generic marks are names of products they seek to identify. For

instance, “KAP KEYK” for cupcakes, ”CAFFE” for coffee and

“MAKINAH” for machines.

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RA 8293

CONSISTS OF NAMES, PORTRAITS OF PERSONS,

MAPS, FLAGS AND OTHER POLITICAL SYMBOLS

Marks that contain names or portraits of living individuals may be

rejected unless the individual gives written consent.

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RA 8293

SHAPE AND COLOR

Shapes must be distinctive from the usual shape of goods orcontainers of the goods, in order to be considered a trademark.

One classic example is the coke bottle.

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RA 8293 MARKS THAT MAY CAUSE CONFUSION

Your mark cannot be registered if it is identical with or similar

to a registered mark or a mark with earlier filing date forgoods and services that are exactly the same or for goods and

services that are related. Consumers should not confuse your

mark with the marks of others.

“BIG MAC” vs. “BIG MAK” / “BIG MIC”

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RA 8293 Identical with, or confusingly similar to WELL-

KNOWN MARKS

Marks that are identical with or similar to marks that areknown internationally and in the Philippines will be refused

registration.

Facebook vs. Facebool

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RA 8293 What are the requirements to apply for registration?

1. A duly filled out trademark application form

2. Drawing of the mark 3. Payment of fees

Trademark Duration

Ten years from registration, renewable every ten years

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WHAT IS 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. Includes books and other writings, musical works, films, paintings and

other works, and computer programs.

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RA 8293 WHAT ARE THE TWO TYPES OF RIGHTS

UNDER COPYRIGHT?

(1) economic rights enable the creator to obtain remuneration from the exploitation of

his works by third parties, and

which makes it possible for the creator to undertake measures tomaintain and protect the personal connection between himself and

the work.

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RA 8293 COPYRIGHT OWNERSHIP

Generally, the natural person who created the literary and

artistic work owns the copyright to the same. For work created during or in the course of employment

(works for hire):

,

used the time, facilities and materials of the employer; Employer - if the work is the result of the performance of his

regularly assigned duties, unless there is an express or implied

agreement to the contrary.

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Che 427 IPR

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