Republic of the Phillipines

Polytechnic University of the Philippines

College of Business Administration

Department of Entrepreneurship

INTELLECTUAL PROPERTY RIGHTS AND

STANDARDS

Submitted by:
Arroyo, Naeomi Vaughn
Bisa, Erol
Fabia, Eugene
Garcia, Cierene
Jimenez, Jarah
Ramirez, Sophia
Novio, Ma. Cristel

Group No. 2
BS in Entrepreneurship 2-1

Submitted to:
Prof. Cresilda M. Bragas, MBA

JULY 2019

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 TABLE OF CONTENTS:

I. Intellectual Property Rights P.2

 Reasons why to Promote and Protect IPR P.3

II. Main Features of Intellectual Property Rights P.3

 Scope of Intellectual Property Rights P.4
 Nature of Intellectual Property P.4
 Features of Intellectual Property P.6

III. Different Kinds of Intellectual Property Rights P.7

IV. Purpose of Intellectual Property Rights P.11

 Intellectual Property Links P.12

V. Applying for a Patent in the Philippines P.14

VI. The World Intellectual Property Organization (WIPO) P.16

 Patent Cooperation Treaty – The International Patent System P.17

VII. Intellectual Property Rights Infringement P.18

 Types of IPR Infringement P.19
 What are remedies available? P.20

References P.21

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 I. Intellectual Property Rights

Intellectual Property refers to creations of mind: inventions;

artistic and literary works; and even symbols, names and images
used in commerce. While, Intellectual Property Rights (IPR) are the
exclusive rights that a person or company have to use its own plans,
ideas, or other intangible assets without the worry of competition,
at least for a specific period of time. These rights may be enforced
by a court via a lawsuit. The reasoning for intellectual property is to
encourage innovation without the fear that a competitor will steal
the idea and/or take the credit for it.

There are two main types of Intellectual Property Rights. The first one is the Industrial
Property that includes patents for inventions, trademarks, industrial designs and geographical
indications. The other one is the Copyright that covers literally works (such as novels, poems and
plays), films, music, artistic works (such as drawings, paintings, photographs and sculptures) and
architectural design. Rights related to Copyright include those of performing artists in their
performances, producers of phonograms in their recordings, and broadcasters in their radio and
television programs.

Intellectual property rights are like any other property right. They allow creators, or
owners, of patents, trademarks or copyrighted works to benefit from their own work or
investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of
Human Rights, which provides for the right to benefit from the protection of moral and material
interests resulting from authorship of scientific, literary or artistic productions. The importance
of intellectual property was first recognized in the Paris Convention for the Protection of
Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic
Works (1886). Both treaties are administered by the World Intellectual Property Organization
(WIPO).

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Reasons why to Promote and Protect IPR:

1. The progress and well-being of humanity rest on its capacity to create and invent new
works in the areas of technology and culture.
2. The legal protection of new creations encourages the commitment of additional resources
for further innovation.
3. The promotion and protection of intellectual property spurs economic growth, creates
new jobs and industries, and enhances the quality and enjoyment of life.
4. It can help all countries to realize intellectual property’s potential as a catalyst for
economic development and social and cultural well-being.
5. It helps strike a balance between the interests of innovators and the public interest,
providing an environment in which creativity and invention can flourish, for the benefit
of all.

II. Main Features of Intellectual Property Rights

The division of property as movable and immovable, if it is tangible, was known in

Roman law and has been adopted by modern Civil Codes. This kind of classification is also
provided under art.1226 of the Civil Code. However, “as a result of the industrial revolution and
the rapid development made in the fields of science, technology and culture, new kinds of
property came into existence”. New rights and properties like patents, copyright and industrial
designs, which came to be known as intellectual property rights (IPRs) received attention due to
their unique characteristics.

Intellectual property is so broad that it has many aspects. It stands for groupings of rights
which individually constitute distinct rights. However, its conception differs from time and it to
time. It is subject to various influences. The change in information technology, market reality
(globalization) and generality have affected the contents of intellectual property. For instance, in
olden days-because of religion creation of life, say plants or animals were not protected. Thus,
defining IP is difficult as its conception changes. It is diverse, challenging and has application in
own day today life.

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 Through time the laws of various countries started to incorporate protection to intellectual
creativity, though they are independent. There are two factors in lumping intellectual property
rights together. These are: Conceptual Basis and Historical Basis.

 Historical

The convention establishing the WIPO was signed in Stockholm in 1967 and entered into
force in 1970. However, the origin of WIPO goes back to 1883- the Paris Convention on
industrial property and 1886- the Berne Convention on copyright. Both were placed under the
supervision of the Swiss Federal Government. Initially there were two secretaries (one for
industrial property, and other for copyright). However, in 1893 the two secretaries united. United
International Bureaux for the Protection of IP (BIRPI) became WIPO.

 Conceptual

IP rights objects (enterprises) are inherently in appropriable. They are intangible by nature.
Use by others cannot be denied by using the possession of a property first created. Once you
have written a book and published it then the public may make use of that property.

Scope of Intellectual Property Rights

Intellectual property rights include copyright, patent, trademark, geographic indication of

origin, industrial design, trade secrets, database protection laws, publicity rights laws, laws for
the protection of plant varieties, laws for the protection of semi-conductor chips (which store
information for later retrieval), etc.

There is a conventional mode of classification of intellectual property as industrial

property and copyrights. Industrial properties include inventions (patent), property interest on
minor invention (Utility model certificate) and commercial interests (Trade Marks, trade names,
geographical indications, and industrial design), plant breeder rights, biodiversity, etc.

Nature of Intellectual Property

Intellectual properties have their own peculiar features. These features of intellectual
properties may serve to identify intellectual properties from other types of properties. Thus, we
will discuss them in brief.

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 1. Territorial

Any intellectual property issued should be resolved by national laws. Why is it an issue?
Because intellectual property rights have one characteristic which other national rights do not
have. In ownership of intellectual property of immovable properties, issues of cross borders are
not probable. But in intellectual properties, it is common. A film made in Hollywood can be seen
in other countries. The market is not only the local one but also international. If a design in China
is imitated by another person in France which law would be applicable?

2. Giving an exclusive right to the owner

It means others, who are not owners, are prohibited from using the right. Most
intellectual property rights cannot be implemented in practice as soon as the owner got exclusive
rights. Most of them need to be tested by some public laws. The creator or author of an
intellectual property enjoys rights inherent in his work to the exclusion of anybody else.

3. Assignable

Since they are rights, they can obviously be assigned (licensed). It is possible to put a
dichotomy between intellectual property rights and the material object in which the work is
embodied. Intellectual property can be bought, sold, or licensed or hired or attached.

4. Independence

Different intellectual property rights subsist in the same kind of object. Most intellectual
property rights are likely to be embodied in objects.

5. Subject to Public Policy

They are vulnerable to the deep embodiment of public policy. Intellectual property
attempts to preserve and find adequate reconciliation between two competing interests. On the
one hand, the intellectual property rights holders require adequate remuneration and on the other
hand, consumers try to consume works without much inconvenience. Is limitation unique for
intellectual property?

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 6. Divisible (Fragmentation)

Several persons may have legally protected interests evolved from a single original work without
affecting the interest of other right holders on that same item. Because of the nature of
indivisibility, intellectual property is an inexhaustible resource. This nature of intellectual
property derives from intellectual property’s territorial nature. For example, an inventor who
registered his invention in Ethiopia can use the patent himself in Ethiopia and License it in
Germany and assign it in France. Also, copyright is made up of different rights. Those rights
may be divided into different persons: publishers, adaptors, translators, etc.

Features of Intellectual Property

Intellectual property (IP) is knowledge which is structured and presented in particular forms
which allow it to be the subject of certain legal rights and to be tradable. Categories of IP are:

a) Know how- Know-how which is kept secret may be considered a category of intellectual
property. There are examples of products which are protected from being copied by strict
enforcement of trade secrets. Coca Cola is the best known example. More generally, a
product or process may depend critically on know-how elements which are difficult to
embody in patents or perhaps tactically better kept secret. Although know-how is
different from other IP categories in that it is not publicly disclosed, it can be the subject
of license agreements. In the context of publicly-funded research, keeping knowledge
permanently out of the public domain is contrary to the principle of open publication.
Increasingly there is a trend towards open access sharing of knowledge and underlying
data, perhaps after patents have been filed but as soon as possible and making optimal use
of on line facilities. Know-how as an IP instrument is therefore unlikely in public-private
collaborations unless it comes from the private party.

b) Domain names- Domain names are important to (start-up) companies and to businesses
in general. They are regulated by country or region, so that uniqueness is maintained. The
fees for maintaining domain names are low. A registered domain name can be renewed
and maintained indefinitely. To register a name it must be available, not having been
previously claimed. This has led to some speculation by domain name “pirates” claiming

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 names they expect will be in demand and can be profitably sold. It is therefore important
to take steps to establish if a desired domain name is available and to register it without
delay. This can be done easily through the domain registration authorities.

c) Designs - Design rights can be protected in the same way as patents but the scope of
protection is limited to the design itself (as given by a drawing or such like) and is
therefore much less powerful than protection offered by a patent (the embodiments and
principles of a working product or device or process). Design rights are encountered
sometimes in combination with other forms of intellectual property. For example, the
various features of a product may be protected by patents, designs, trademarks and
copyright in tandem.

d) Breeders’ rights - This is a specialized area in respect mainly of protection for plant
species obtained by breeding. It is unlikely to be relevant outside this field.

III. Different Kinds of Intellectual Property Rights

To protect a creators’ idea so that someone else cannot steal your idea, you need to secure
one or more of the four different types of intellectual property (IP). Every invention generally
starts out as an inventor’s trade secret. Before inventors market their inventions, they need to
secure one or more of the other forms of intellectual property – patents, trademarks and/or
copyrights. There are four kinds of intellectual property rights namely; Trade Secrets,
Trademarks, Copyrights and Patents.

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 1) TRADE SECRETS

To identify the trade secrets in your idea, you need to understand the definition of a trade
secret. A “trade secret” is any valuable information that is not publicly known and of which the
owner has taken “reasonable” steps to maintain secrecy. These include information, such as
business plans, customer lists, ideas related to your research and development cycle, etc.

Trade secrets are not registered with a governmental body. All you need to do to establish
your information as such is to treat it as a trade secret. Only those with a need to know should
have access to your trade secret information. Disclosures should be done only under a
nondisclosure agreement. When someone misappropriates your trade secret, you have to prove
in a court of law that the information qualifies as your trade secret.

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 Trade secret protection lasts until the information is no longer valuable, the information is
not secret, or the owner no longer takes reasonable steps to maintain its secrecy.

Trade secret law specifically protects the misappropriation of trade secret information.
This means that a wrongful or nefarious act must accompany the acquisition of the information.

2) TRADEMARKS

Trademarks protect brands. The name of the product associated with the product or a
service is called the trademark. A trademark is anything by which customers can identify a
product or the source of a product, such as a name associated with the product. Typically, that
would be the words that you use to refer to your product or service. When the brand or trademark
is made up of words, we refer to this as a word mark.

Other things can serve as your trademark. For example, sounds, colors, smells, and
anything else that can bring the product and/or its owner to the minds of a consumer can serve as
your trademark. The most common types of trademarks are word marks, logos, and slogans. If
the product configuration (e.g. a Coca-Cola® bottle) or packaging (e.g. Tiffany’s blue packaging)
are nonfunctional and recall the product’s maker (i.e. source of the product) for consumers, the
configuration can be protected and registered as a trademark.

3) COPYRIGHT

Copyrights protect original works of authorship that are fixed in a “tangible medium of
expression.” This means that the authored or creative work has been written down on a piece of
paper, saved on an electronic storage device (e.g. hard drive or flash drive), or preserved in some
other tangible format. Examples of copyrightable works include movies, videos, photos, books,
diaries, articles, and software. Copyright does not protect ideas or useful items, which is the
function of patents. Although software is a functional item, it can be protected by copyrights due
to the creativity used in the selection, ordering, and arrangement of the various pieces of code in
the software.

You automatically have a copyrighted product in your creative expressions at the time
that they are fixed in a tangible medium of expression. The copyright lasts for a very long time.
For any work created on or after January 1, 1978, the term of copyright protection is the entirety

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of the author’s life plus seventy years after the author’s death. For works made for hire as well as
anonymous and pseudonymous works, the duration of copyright is ninety-five years from
publication or 120 years from creation, whichever is shorter.

4) Patent

A patent is an exclusive right granted for an invention, which is a product or a process

that provides a new way of doing something or offers a new technical solution to a problem. It
provides protection for the invention to the owner of the patent. The protection is granted for a
limited period i.e. 20 years. Patent protection means that the invention cannot be commercially
made, used, distributed, or sold without the patent owner’s consent.

A patent owner has the right to decide who may – or may not – use the patented invention
for the period in which the invention is protected. The patent owner may give permission to, or
license other parties to use the invention on mutually agreed terms.

A. Utility Patents:
When an invention is directed to a new and useful machine, process, manufacture,
or composition of matter, or a new and useful improvement thereof, patent applicants
can seek a utility patent from the USPTO. Utility patents are the most common form
of patent application filed with the USPTO. When a utility patent application is
issued as a utility patent, it lasts for a period of 20 years from the effective filing date
of the patent application.

 Business Method Patents: A subset of utility patents includes patents

directed towards specific methods for conducting business. These
types of patents are known as business method patents. Business methods
can be tricky to obtain patent protection on because it is often difficult to
distinguish a patentable business method from an abstract idea about a
way to conduct business.
 Software Patents: Another subset of utility patents is patents directed
towards software and certain aspects of how computer hardware and
software interact together. Obtaining patent protection on software can be

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 difficult and it is in your best interest to work closely with an experienced
patent attorney who specializes in securing software patent protection if
your invention is directed towards software or information systems
technology.

B. Design Patents:
It is possible to obtain patent protection on a specific ornamental design of an
article of manufacture. Similar to trade dress protection or trademark protection for a
product design, a design patent provides patent protection to a specific design of a
product that is illustrated in the design patent. Design patent protection lasts for a
period of fifteen years from the date that the design patent is granted.

C. Plant Patents:
It is possible to invent or discover a new and distinctive plant, and patent
protection can be sought via a plant patent. A new and distinct asexually reproduce plant
that is invented or discovered can be patent protected. This includes plants that are
cultivated sports, mutants, hybrids, transformed plants, newly found seedlings, algae or
macro fungi, but not a tuber propagated plant. Plant patents have duration of 20 years
from the effective filing date of the corresponding patent application.

The remaining three types of patents are known as Reissue Patents, Defensive
Publications, and Statutory Invention Registrations. These last three patent types are
encountered infrequently and are only appropriate in limited circumstances.

IV. Purpose of Intellectual Property Rights

The purposes of intellectual property laws are to encourage new technologies, artistic
expressions and inventions while promoting economic growth. When individuals know that their
creative work will be protected and that they can benefit from their labor, they are more likely to
continue to produce things that create jobs, develop new technology, make processes more
efficient, and create beauty in the world around us.

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There are three main mechanisms for protecting intellectual property in the United States:

 Copyrights protect the expressive arts. They give owners exclusive rights to reproduce
their work, publicly display or perform their work, and create derivative works.

 Patents protect an invention from being made, sold or used by others for a certain period
of time.

 Trademarks protect the names and identifying marks of products and companies. The
purpose of trademarks is to make it easy for consumers to distinguish competitors from
each other.

There are strict laws in place to protect intellectual property rights. When intellectual
property rights are violated, it is important to hire an intellectual property lawyer. An
experienced attorney can help you sue for damages that include lost royalties. If your case is
successful, the person who violated your intellectual property rights may be required to pay for
all of your legal fees in addition to compensating you for using your work without your
permission.

Intellectual Property Links

 Intellectual Property Lawyers- Find a lawyer to handle a wide variety of IP needs.

 Patent Attorneys- Information on patent law and local patent attorneys

 American Intellectual Property Law Association- Trademarks, patents, copyrights

 Legal Information Institute - Berne Convention for the protection of literary and artistic
works

 Legal Information Institute - Copyrights U.S. Code, rules, forms, appendices and other
material

 U.S. Copyright Office- The Library of Congress News, general information, publications,
announcements, copyright links, legislation

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  Legal Information Institute- Code of Federal Regulations, Chapter II - Copyright Office,
Library of Congress

The main purpose of intellectual property law is to encourage the creation of a wide
variety of intellectual goods for consumers. To achieve this, the law gives people and businesses
property rights to the information and intellectual goods they create, usually for a limited period
of time. Because they can then profit from them, this gives economic incentive for their creation.

The intangible nature of intellectual property presents difficulties when compared with
traditional property like land or goods. Unlike traditional property, intellectual property is
indivisible – an unlimited number of people can "consume" an intellectual good without it being
depleted.

Additionally, investments in intellectual goods suffer from problems of appropriation – while

a landowner can surround their land with a robust fence and hire armed guards to protect it, a
producer of information or an intellectual good can usually do very little to stop their first buyer
from replicating it and selling it at a lower price. Balancing rights so that they are strong enough
to encourage the creation of information and intellectual goods but not so strong that they
prevent their wide use is the primary focus of modern intellectual property law.

When asking why intellectual property rights are important, the most common answer is
that they can add immense value to the assets of a company. Unfortunately, understanding
intellectual property rights can be confusing and is often the topic of some heated debate.

On one side, you have those who question the worth of such creative products and projects,
claiming that such creative work as design can be done by anyone whether they have had the
training or not. On the creative workers' side, they are concerned that lessening intellectual
property rights can threaten their creative work. Once a design or work has been made public
sometimes there is little recourse to protect the work from being used by others without proper
credit or compensation.

It is important to protect intellectual property both in our country as well as others. The
United States has been involved in recent trade negotiations that may change the way we do
business with other parts of the world.

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 A crucial point about legal protection of intellectual property is that it turns intangible assets
into exclusive property rights, albeit for a limited period of time. It enables your SME to claim
ownership over its intangible assets and exploit them to their maximum potential. In short, IP
protection makes intangible assets “a bit more tangible” by turning them into valuable exclusive
assets that can often be traded in the market place.

If the innovative ideas, creative designs and powerful brands of your SME are not legally
protected by IP rights, then these may be freely and legally used by any other enterprise without
limitation. However, when they are protected by IP rights, they acquire concrete value for your
enterprise as they become property rights which cannot be commercialized or used without your
authorization.

Increasingly, investors, stock market brokers and financial advisors are becoming aware of
this reality and have begun to value IP assets highly. Enterprises worldwide are also more and
more acknowledging the value of their IP assets, and, on occasions, have included them in their
balance sheets. Many enterprises, including SMEs, have begun to undertake regular technology
and IP audits. In a number of cases, enterprises have realized that their IP assets are in fact worth
more than their physical assets. This is often the case for companies operating in knowledge-
intensive and highly innovative sectors, or companies with a well-known brand name.

V. Applying for a Patent in the Philippines

Where to File:

Bureau of Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving
Section/Counter of the Administrative, Financial and Human Resource Development Services
Bureau (AFHRDSB) located at the ground floor of the IPO Building.

How to File:

1. Application for a grant of Philippine Patent (for Invention).

The first to do is to visit the Intellectual Property Office or the IPO and obtain a filing
date. To get this, one needs to prepare necessary documents such as the

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 (1) properly filled-out request form for a Grant of Philippine Patent

(2) the name, address and signature of applicant(s) and

(3) a short but extensive description of invention and one or more claims.

Other requirements are:

(a) filing feel both for big or small entities which maybe paid during application filing or within
one month from the date of filing. Take note that the application is cancelled automatically or
withdrawn in case there is no payment

(b) drawing/diagrams/flowcharts that is necessary to understand the product and

(c) an abstract.

*Filing fee may range from P4, 000 (big entities) to P2000 (small entities)

2. Examination of the Product.

After the application have been submitted, IP officials checks the application
requirements if it fulfills the formal requirement of a “filing date”. This date is very
important as the system follows the “first to file” system. This can be the official referral
time and date in case there is a similar product or innovation.

3. Classification and Publication of the Product.

This is the time where the product or invention is classified according to its field of
technology after which all patent applications will be published in the IPO Gazette. The
purpose of this is to expose the product and the patentability of the application. In this
way, people will comment in writing their observations about the product and this will be
relayed to its author.
4. Request for Substantive Examination.
After the application has been published, there is a need to request for substantive
examination and this should be filed within six (6) months from the date of the
publication. If this request is not done, the patent application is withdrawn.

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 5. Decision is made.
This decision can either be to grant patent registration or decision of refusal. This
depends on the examiner and if he or she finds no reason for refusal, then the registration
of the patent is granted to its rightful owner.

6. Appeal if there is refusal.

According to the Intellectual Property Office of the Philippines, “Every applicant may
appeal to the Director of Patents the final refusal of the examiner to grant the patent
within two (2) months from the mailing date of the final refusal. The decision or order of
the Director shall become final and executor fifteen (15) days after receipt of a copy by
the appellant unless within the same period, a motion for reconsideration is filed with the
Director or an appeal to the Director General is filed together with the payment of the
required fee. Moreover, the decision of the Director General may be appealed to the
Court of Appeals. If the applicant is still not satisfied with the decision of the Court of
Appeals, he may appeal to the Supreme Court.

VI. The World Intellectual Property Organization (WIPO)

The World Intellectual Property Organization (WIPO) is a

United Nations (U.N.) agency charged with protecting intellectual Formation:
property (IP) through an international system that promotes and
July 14, 1967
sustains creativity and innovation and helps develop international
economies.

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What role does WIPO play with regards to patents?

WIPO works to develop a balanced and effective international intellectual property (IP)
system, a key part of which is dedicated to patents. WIPO’s member states collaborate in various
areas, including on agreeing the treaties and conventions that underpin the international IP
system and that make the global exchange of creativity and innovation possible. The IP services
that WIPO offers, such as the facilitation of international patent protection under the PCT
System, complement services available at the national and/or regional level. It’s important to
remember that WIPO does not actually grant patents per se; the grant or refusal of a patent still
rests with the relevant national or regional patent office.

Patent Cooperation Treaty – The International Patent System

The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection
internationally for their inventions, helps patent Offices with their patent granting decisions, and
facilitates public access to a wealth of technical information relating to those inventions. By
filing one international patent application under the PCT, applicants can simultaneously seek
protection for an invention in a very large number of countries.

Cooperation

We cooperate with member states, intergovernmental and non-governmental organizations,

and the enterprise sector worldwide to help them realize the benefits of the international
intellectual property (IP) system for society.

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 WIPO Academy
The Academy is the center of
excellence for intellectual
property (IP) education and
training for WIPO member
states, in particular developing
countries, least-developed
countries (LDCs) and
countries in transition. The
Academy works to help build
human capacity in IP, which is
essential to innovation.
Inventor Assistance
Program
A WIPO initiative in
cooperation with the World
Economic Forum – is the first
global program to match
developing country inventors
and small businesses with
limited financial means with
patent attorneys. These experts
provide pro bono legal
assistance to help inventors
secure patent protection.
WIPO GREEN
WIPO GREEN is an
interactive marketplace that
promotes innovation and
diffusion of green
technologies. It does this by
connecting technology and
service providers with those
seeking innovative solutions.

VII. Intellectual Property Rights Infringement

An Intellectual Property Infringement is the infringement or violation of an intellectual

property right. IP infringement occurs when someone does something which is the exclusive
right of the owner of an intellectual property right to do. For example:

 A copyright holder has the exclusive right to control who copies and uses their work so if
someone else copies it they infringe that right.
 A patent owner has the right to stop anyone else from making the product or process they
invented.
 A trademark holder has an exclusive right to use the trademark sign, such as a name or
logo, to identify their goods and services in the course of business and trade.

Where a third party encroaches on these IP rights, by exercising them without the permission of
the IP owner, this is referred to as IP infringement. There are several types of intellectual

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property rights, such as copyrights, patents, and trademarks. Therefore, an intellectual property
infringement may for instance be one of the following:

 Copyright infringement
 Patent infringement
 Trademark infringement

Copyright infringement (colloquially referred to as piracy) is the use of works protected

by copyright law without permission for a usage where such permission is required, thereby
infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce,
distribute, display or perform the protected work, or to make derivative works. The copyright
holder is typically the work's creator, or a publisher or other business to whom copyright has
been assigned. Copyright holders routinely invoke legal and technological measures to prevent
and penalize copyright infringement.

Copyright infringement disputes are usually resolved through direct negotiation, a notice and
take down process, or litigation in civil court. Egregious or large-scale commercial infringement,
especially when it involves counterfeiting, is sometimes prosecuted via the criminal
justice system. Shifting public expectations, advances in digital technology, and the increasing
reach of the Internet have led to such widespread, anonymous infringement that copyright-
dependent industries now focus less on pursuing individuals who seek and share copyright-
protected content online, and more on expanding copyright law to recognize and penalize, as
indirect infringers, the service providers and software distributors who are said to facilitate and
encourage individual acts of infringement by others.

Patent infringement is the commission of a prohibited act with respect to a

patented invention without permission from the patent holder. Permission may typically be
granted in the form of a license. The definition of patent infringement may vary by jurisdiction,
but it typically includes using or selling the patented invention. In many countries, a use is
required to be commercial (or to have a commercial purpose) to constitute patent infringement.
The scope of the patented invention or the extent of protection is defined in the claims of the
granted patent. In other words, the terms of the claims inform the public of what is not allowed
without the permission of the patent holder.

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 Patents are territorial, and infringement is only possible in a country where a patent is in
force. For example, if a patent is granted in the United States, then anyone in the United States is
prohibited from making, using, selling or importing the patented item, while people in other
countries may be free to exploit the patented invention in their country. The scope of protection
may vary from country to country, because the patent is examined -or in some countries not
substantively examined- by the patent office in each country or region and may be subject to
different patentability requirements.

Trademark infringement is a violation of the exclusive rights attached to

a trademark without the authorization of the trademark owner or any licensees (provided that
such authorization was within the scope of the license). Infringement may occur when one party,
the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned
by another party, in relation to products or services which are identical or similar to the products
or services which the registration covers. An owner of a trademark may commence civil legal
proceedings against a party which infringes its registered trademark.

If the respective marks and products or services are entirely dissimilar, trademark
infringement may still be established if the registered mark is well known pursuant to the Paris
Convention. In the United States, a cause of action for use of a mark for such dissimilar services
is called trademark dilution.

In some jurisdictions a party other than the owner (e.g., a licensee) may be able to pursue
trademark infringement proceedings against an infringer if the owner fails to do so.

What remedies are available?

IP laws provide for remedies where an IP owner’s rights are infringed. In particular the following
remedies are available:

 Injunctions – to stop the third party from infringing the owner’s rights
 Damages – to compensate owners for the unauthorized use of their rights
 An order to account for profits made
 In some cases IP infringement may result in the imposition of criminal sanctions such as
sanctions for copyright infringement in films (film piracy).

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 References:

 Business Dictionary, Retrieved from

http://www.businessdictionary.com/definition/intellectual-property-rights.html, 2019
 Enago Academy, Retrieved from https://www.enago.com/academy/intellectual-property-
rights-what-researchers-need-to-know/, May 14, 2018
 [OC PATENT LAWYER: Four Types of intellectual property you can use to protect
your idea and how to use them.]
 Retrieved from https://www.formsphilippines.com/guide/76/invention-patent-application
 Retrieved from https://ifranchise.ph/how-to-register-ip-and-patent/

 Retrieved from: https://www.wipo.int/sme/en/ip_business/ip_asset/value_ip_assets.htm

 Retrieved from: https://www.google.com/search?client=ms-android-

samsung&ei=J1wkXa7gO8jQ8wWJp6mYDw&q=value+of+intellectual+property+rights
&oq=value+of+intellectual+property+rights&gs_l=mobile-gws-wiz-
serp.3..0i203l2j0i5i30l3.3915.6915..7201...0.0..0.257.3027.0j4j10......0....1.........0i71j35i3
04i39j0i7i30i19j0i7i5i30i19j0i7i30.veviiQqCUrE

 Retrieved from: https://www.google.com/search?client=ms-android-

samsung&ei=JVYkXfL5EYPm-
Aa35rX4Bw&q=purpose+of+intellectual+property+rights&oq=purpose+of+intellectual+
property+rights&gs_l=mobile-gws-wiz-
serp.3..0i71l5.0.0..6514...0.0..0.0.0.......0.qaN_At5JNNI

 Retrieved from: https://www.nibusinessinfo.co.uk/content/importance-protecting-

intellectual-property

 Retrieved from: https://www.alllaw.com/topics/intellectual_property

 Retrieved from: https://azrights.com/ip-infringement/

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 World Intellectual Property Organization (WIPO), Retrieved from https://www.wipo.int ›
edocsPDF What is Intellectual Property - WIPO
 World Intellectual Property Organization website: Retrieved from:
https://www.wipo.int/portal/en/
o PCT – The International Patent System
o Cooperation
 Inventor Assistance Program
 WIPO Academy
 WIPO GREEN
o Frequently Asked Questions: Patents

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