COPYRIGHTS & INDUSTRIAL DESIGN

I. Copyrights
A. Definition of Copyright – form of intellectual property rights concerning
artistic and creative works (books, music, paintings, sculptures, films, IT and
electronics)
B. Rights Protected – i) rights of reproduction and distribution (e.g. print,
recordings, rentals, importations); ii) rights of public performance & broadcast;
iii) translation and adaptation rights; iv) moral rights (i.e. right to paternity,
right to integrity)
C. Limitation on Rights – i) free use (i.e. academic purposes, news
broadcast, literature citations); ii) non-voluntary licenses (i.e. mandatory
licensing of works especially on technologies/innovations with extreme national
importance)
D. Duration of Copyright – under the Berne Convention, duration of copyright
as a general rule is the remaining lifetime of the author plus 50 years beyond
the author’s death;
E. Ownership, Exercise and Transfer of Copyright – transfer of economic
rights of the author to a third party in return for just compensation (royalties);
transfers maybe in the forms of: i) assignment; ii) licensing; collective
administration of rights- grants exclusivity in licensing to a single entity in the
exercise of economic rights for and in behalf of the owner
II. Industrial Property
A. Definition of Industrial Property- applies to industry, commerce, and
including agricultural and extractive industries and to all manufactured or
natural products; takes many forms i.e. patents; industrial designs;
trademarks; utility model; lay-out of integrated circuits; commercial names;
geographical indications; and protection from unfair competition
B. Patents-deals with inventions or new solutions to technical problems
which satisfies the ff attributes: i)utility (practical use or industrial applicability);
ii)novelty (new and unknown to existing knowledge base; no prior art); iii)
inventive step (non-obviousness); iv) patentable subject matter (within scope
of patentable subject matters as defined by national law); patent effectivity is
for 20 years before such patented invention reverted to public domain;
C. Utility models-protection for technically less complex inventions and
usually with short commercial life; term of protection is between 7-10years;
D. Industrial designs-relates to the ornamental or aesthetic aspect of a useful
article or application which may depend on the ff: shape, pattern, color and
must be reproduced by industrial means;term of protection: 10-25 years
E. Trademarks-distinguishing mark or sign of goods or services from one
supplier to another; may exist as: collective marks (for associations);
certification marks (compliance to standards); service marks (service-oriented
institutions)
F. Trade names-identifying mark or character of an enterprise
G. Geographical Indications-sign of goods indicating geographical origin