Basic of Intellectual Property

What is intellectual Property?

Intellectual Property(Creations of mind) Patent, Trademark, Utility Model, Industrial Design, Geographic
Indications, Layout of integrated Circuits, Trade secret, Copyright.

• Article XIV , Section 13 of the 1987 Contitution

“ the state 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 period as may be provided by law.”

Republic Act 8293

An Act preescribing the intellectual Property Code and Establishing the intellectual Property
Office, Providing for its Powers and Functions
➢ Signed into law on June 6, 1997
Republic Act 10372 (2013)
“..Amending certain Provisions of Republic Act No. 8293..”

Intellectual owners have the exclusive right to exclude or include others from reproducing, selling, or
using of their work in the Phlippines.

Value of Intellectual Property

Top 15 Best Global Brands Ranking

Microsoft
Samsung
Facebook
intel
GE
0 50000 100000 150000 200000 250000

Top Growing (2018)

Amazon (+56%)
Gucci (+30% )
Louis Vuitton (+23%)
Apple (+16%)
Microsoft (+16%)
TRADEMARKS
Visible signs used to distinguish the goods or services of an individual or enterprise.

TYPES OF MARKS
➢ Word mark
A word mark is represented using words,letter,numbers or any other characters that
can be typed.
➢ Figurative with words mark
A figurative mark containing word elements combines the use of pictures, graphic or
images with words or letters.
➢ Stamped or marked container of good
A stamped or marked container of good is any container of goods on which a mark is
impressed or molded. The representation should be s single JPEG file of an image,
sketch, or photo.
➢ Figurative mark
A figurative mark is represented using pictures, graphics or image; a figurative mark
does not conrtain words or letters.
➢ 3D mark
A three-dimensional mark is represented using a product or its packaging.

TRADEMARKS
• Protection
• 10 years from registration, renewable every 10 years
• Must submit Declaration of Actual Use (DAU) within 3 years from filing date, 5 years from
registration date, and within 1 year from date of renewal.
NON REGISTRABLE MARKS
• Immoral, deceptive,scandalous
• Flag, coats of arm, emblems
• Names, portraits,signatures
• Misleading
• Generic
• Customary
• Requirments
• 2 filled out copies of the Trademarks Application Form
• Representation of the mark
• Filing fee: Php 1,212 (Small Entity), Php 2617.92 (Big entity)
• Small entity
• Less than Php 100M in assets
• Big entity
• More than Php 100M in assets
INDUSTRIAL DESIGN
Protection for the aesthetic/ornamental feature of an manufactured item without considering its
function.
• Protection:
- New or original
- 5 years, renewable for two consecutive periods of 5 years each
- Need to request for registrability report to enforce IP rights
• No substantive examination
• ID in 5 Days
TRADE SECRETS
Business information which provis=des an enteprise with a competitive edge. This may include
manufacturing, industrial, or commercial secrets.
..confidential information
..has commercial value
..subjected to reasonable steps to keep it secret
..no formal registration procedure required
GEOGRAPHICAL INDICATIONS
Protect product originating from a specific region. Constist of the name place from which the product
originates, and becomes a symbol of quality and reputation.
LAYOUT DESIGN OF INTEGRATED CIRCUITS
..original topography or special arrangement
..elements of an integrated circuit
..term: 20 years
COPYRIGHT
Protection for the owner of the rights to an original work (literary and artistic)
Automatically granted to author upon creation

PROTECTION: Lifetime of the author +50 years after death

Deposit with IPOPHL or the National Library is optional
For Copyright Deposit
• Submit the followinng:
- 3 copies of rhe copyright Registration and Deposit Form
- Affidavit of ownership (notarized)
- Two (2) best copies of the work
- Deposit fee
PATENTS
An technical solution to a problem in a field of human activity, which is new, involves an inventive
step, and is industrially applicable

PROTECTION: 20 years, no renewal Product, process,computer-relate inventions

1st Philippine Patent

September 14, 1948

Process of Extracting Vegatable Oil from Fresh, Mature Coconut Meat and the like
Pablo Robledano and Eduatdo Ruiz de Luzuriaga

PATENTS
• An exclusive right granted to an inventor by the government for a limited period in return for
sufficiently disclosing technological advancement
REQUIREMENTS OF PATENTABILITY
• Solution to a problem
- What problem does it solve?
• New/ novel
- Is it similar to another invention?
• Industrially applicable
- Can it be used by a certain industry?
FILLING FOR INVENTION
• Requirments
- 3 copies of the Request for grant of a Philippine patent Form
- Specification
❖ Title
❖ Statemant of nature and purpose
❖ Drawings and explanation, if any
❖ Claims
❖ Abstract
- Filing fee: Php 2,020 (small entity). Php 4,363.2 (Big entity)
UTILITY MODELS
Protection for innovation that are novel and industrially applicable, but lack an inventive step.
Sometimes referred to as “petty patents”

PROTECTION: 7 years, no no renewal

Improvement or innovations
Need to request for registrability report to enforce IP rights

What is a utility Models?

Any technical solution of a problem in any field of human activity which is new and industrially
applicable shall be registrable (Rule 1400 of IRR).
STATUTORY CLASSES OF REGISTRABLE UTILITY MODEL
1. A Product, such as a machine, a device, an article of manufacture, a composition of matter
(food,medicine,disinfectant., etc.), a microorganism;
2. A Process, such as a method of use , a method of manufacturing, a non-biological process, a
microbiological process;
3. Computer-related utility model; and
4. An Improvement of any of the foregoing
EXAMPLE OF UTILITY MODEL

Application Type Utulity Model Application SubType Utility model

(10) Reg. # and Date 2011000188 2010.05.07 Status Expired
(20) Filing # and Date PH 2/2011/000188 2011.04.27 (40) Pub.# and Date PH 2/2011/000188
2012.05.07
(86) PCT Filing # and Date (87) PCT Pub. # and Date
(85) National Entry Date
(30) Priority Details
(51) IPC Classes -G07C 13/02 (2006.01)
(71/73) Applicant -(EN) SMARTMATIC INTERNATIONAL CORPORATION : 4 STAFFORD HOUSE,
GARRISON ST MICHAEL BARRADOS W/ BB 14038 BARRADOS BB
(72) Inventor - (EN) CESAR FLORES ZAVARCE: SMARTMATIC INTERNATIONAL CORPORATION
1 TAGUIG CITY METRO MANILA PH
(74) Representative Name
(54) Title -(EN) BALLOT BOX
(57) Abstract (EN) This utility model disclosed a ballot box for use in combination with a
voter ballot scanner thereon and dispense the scanned and tabulated ballots through one of the rear
exit opening or side walls, end wall , a bottom wall and open top section to define therein a chamber
and a coelongated slot and an auxiliary slot adapted to receive directly ballots from the rear exit opening
retaining ballots scanning and tabulating machine thereon and closure means for securely block

NON-PATENTABLE SUBJECT MATTER

- Dicoveries,scientific theories and mathematical methods
- Program for computers
- Schemes, rules and methods of performing mental acts and playing game
- Plant varieties or animal breeds or essentially biological process for the production of
plants and animals
- Methods for treatment of the human or animal body
- Anything which is contrary to public order, health , welfare or morality
- Abstract ideas or theories
- Aesthetic creations
How long and where?
7 years from the filing date of the applicantin without any possibility of renewal.
UM’s are territorial you are only protected in countries where you applied for patent protection .
Filing for UTILITY MODEL
• Requirements
- 3 copies of the request for the registration of utility Model Form
- Specification
❖ Title
❖ Statement of the nature and purpose
❖ Drawings and explanation, if any
❖ Claims
❖ Abstract
- Filing fee: Php 1,737.2 (Small entity), Php 3,636 (Big entity).
What are the main differences between UM and Patents?
PATENTS
- Requires inventive step
- 2o years from filing date
- With substantive examination
- Application published with search report after 18 months
- Can ve enforced after grant
UM
- No inventive step
- 7 years from filing date
- No substantive examination
- Published for 30 days prior to issuance of certificate
- Enforcement is determined by the registrability report

Intellectual Property(Creations of mind) Patent, Trademark, Utility Model, Industrial Design, Geographic
Indications, Layout of integrated Circuits, Trade secret, Copyright.