ADAMSON UNIVERSITY

CIVIL ENGINEERING DEPARTMENT

ASSIGNMENT NO. 1:

INTRODUCTION
TO
INTELLECTUAL
PROPERTY

1. Define terms the following:

a. Intellectual Property
 This refers to creations of the mind: inventions; literary and artistic works; and
symbols, names and images used in commerce. It is a category of property that
includes intangible creations of the human intellect

b. Copyright
  This covers literary works (such as novels, poems and plays), films, music, artistic
works (e.g., 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. It is the right to copy which means that the
original creators of products and anyone they give authorization to are the only
ones with the exclusive right to reproduce the work.
c. Patent
 This is an exclusive right granted for an invention – a product or process that
provides a new way of doing something, or that offers a new technical solution to
a problem. A patent provides patent owners with protection for their inventions.
Protection is granted for a limited period, generally 20 years. It is a form of
intellectual property that gives its owner the legal right to exclude others from
making, using, selling and importing an invention for a limited period of years, in
exchange for publishing an enabling public disclosure of the invention.
d. Infringement
 It is a minor offense that involves breaking a rule or a law.
2. In general, the purpose of intellectual property to inventors, professionals and
students.
 The main purpose of intellectual property law is to encourage the creation of a
wide variety of intellectual goods for consumers. The law gives people and
businesses property rights to the information and intellectual goods they create,
usually for a limited period of time. It can help consumers make an educated
choice about the safety, reliability, and effectiveness of their purchases.
3. Outline the history of intellectual property in the Philippine setting.
 1913 - The Philippine legislature passed Act No. 2235 making United States’
patent laws applicable in the Philippines. 
 1924 - Act No. 3134, entitled, "An Act to Protect Intellectual Property” was
passed which was based in the US copyright law of 1909.
 1945 - Making Act No. 3134 the main intellectual property law in effect until
after Philippine independence from the US.
 1947 - As a newly independent state, the Philippines enacted two laws
strengthening the IP system in: Republic Act 165 and Republic Act 166,
establishing a patent office and allowing for registration and protection of
trademarks, trade names, and service marks respectively,
 Mid-1940’s - The Philippines also entered into international conventions that laid
out the foundations of the intellectual property system we know today: the Berne
Convention for the Protection of Literary and Artistic Works (1951), and the
Rome Convention of International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organizations (1964).
 1960s - The Philippines was already a signatory.
 1980 - The Convention establishing the World Intellectual Property Organization
(WIPO) came into force/
 1987 - The Philippine Constitution promulgated and recognized the importance of
intellectual property in Article XIV, Section 13: “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.”
 1995 - Later on, as the Philippines progressively became a member of the global
community, it also adhered to the Agreement on Trade-Related Aspects of
Intellectual Property Rights and following its entry into the World Trade
Organization.
 1997 - In keeping with its commitment to these international conventions and the
Philippine Constitution, the Philippine government consolidated the pending
intellectual property laws
 1998 - The efforts led to the passing and enforcement of Republic Act 8293, the
Intellectual Property Code

 Side story - The Spanish Law on Intellectual Property, approved on January 10,
1879 and came into force in 1880, was the first known copyright law in the
Philippines. Under Spanish laws, copyright is deemed as a property right
and governed by civil law but with special legislative provisions. On patents, even
if historical records can’t confirm when the Spanish patent law of 1826 was
administered and adopted in the Philippines, some royal decrees pertaining to the
colonies passed in that period, saw the question of patents placed under the
jurisdiction of ordinary tribunals in the Philippines. Patent applications from the
Philippines had to be sent to Spain for examination and grant. Following the
outbreak of the Philippine revolution in 1896 and the defeat of Spain in the
Spanish-American War, the Treaty of Paris was signed between the European
country and the United States to formalize the end of hostilities. The Treaty of
Paris, signed in December of 1898 ended 300 years of Spanish colonial rule in the
Philippines, and dictated the cessation of the Philippines and Guam from Spanish
dominion to the American colonial order. Article 13 of the Treaty of Paris
specifically made mention of the existent intellectual property system in the
Philippines: “The rights of property secured by copyrights and patents acquired
by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other
ceded territories, at the time of the exchange of the ratifications of this treaty,
shall continue to be respected…”