Intellectual Property Protection

• What is Property?
Property means anything that can come under the right of ownership and be the subject of
contract. It represents more than the things that a person owns; it includes the right to
secure, and dispose of them. (Tonaco vs. Thompson, 263 U.S. 197)

• What is IP?
Intellectual Property defined as any creation or product of human mind or intellect.

• What is IPR?
Intellectual Property Rights are property rights which consists of: (a) Copyright and Related
Rights; (b) Trademarks and Service marks; (c) Geographic Indications ; (d) Industrial Designs;
(e) Patents; (f) Layout- Design (Topographies) of Integrated Circuits; and (g) Protection on
Undisclosed Information. (Section 4, IPC, RA 8293).
 UTILITY
MODEL

Pictures taken from Google images/Slide from IPOPHL

Pictures taken from Google images/Slide from IPOPHL
Nature of Intellectual Property Right

1. Product of Intellect 3. Business Asset

Basic Nature of IPR

2. Limited right, not

inherent, territorial, 4. Litigious
limited by time
Advantages of having Intellectual
Property Protection
TO THE OWNER: TO THE SOCIETY:

1. Exclusive Rights- power granted to IP owner to allow or

disallow others from taking certain actions on a protected
property. 1. Better quality of people’s life

2. Strong market position- full opportunity of the IP owner

to strategize what business he/she must do in order to
effectively market the products to the target consumers

3. High return of investment- privilege of the IP owner to 2. Protection from inferior quality product
benefit from all the forms of income gained from his/her
protected IP

4. Opportunity to licensee/ sell IP- greater confidence on

allowing or attracting suppliers, investors, competitors or
complementary businesses 3. Has inputs and standards to industry on what
products to produce and services to provide
5. Increase in negotiating power- absolute power of the
owner to influence customers/ clientele

6. Positive image for one’s enterprise- guarantees

originality of certain products, thus would boost the
integrity of one’s enterprise
How to Protect Intellectual Property?

1. Through Copyright ©
- legal protection extended to expressions of ideas

- includes literary, scholarly, scientific and artistic

creations or expressions including computer
programs

- original and derivative works

- valid for a lifetime of the author and 50 years

beyond lifetime
Copyleft- a general method for making a creative work as freely available to be modified,
and requiring all modified and extended versions of the creative work to be free as well.

Ex: Wikipedia, Open Source Codes

2. Through Trademark or Service Mark
-any visible sign/mark capable of distinguishing the goods
(trademark) or services (service mark) of an enterprise from
another
-it establishes the goodwill of an enterprise by denoting the
quality of its goods and services
-includes a stamped or marked container of goods
-valid for 10 years, but with unlimited 10-year renewals
 exceeded $500 billion in
market value as of July 27,
2017

http://money.cnn.com/2017/07/27/investing/facebook-amazon- https://www.forbes.com/powerful-brands/list/#tab:rank
500-billion-bezos-zuckerberg/index.html
TM vs R

The TM symbol can generally be used by any person or business to indicate that a particular
word, phrase or logo is intended to serve as an identifier for the source of that product or
service. You do not have to have registered a trademark to use it and many companies will opt
to use the TM symbol for new goods or services in advance of and during the application
process.

The R symbol indicates that this word, phrase or logo is a registered trademark for the product or
service. It must only be used in the case of registered trademarks and by the owner or licensee.
It also must only be used in the regions in which you possess a valid trademark registration.

https://www.trademarknow.com/blog/tm-versus-r-whats-the-difference-and-why-does-it-
matter#:~:text=The%20TM%20symbol%20can%20generally,of%20that%20product%20or%20service.&text=The%20R%20symbol%20indicates%20that,for%20the%20produ
ct%20or%20service.
3. Through Patent (Invention)

- any technical solution to a problem in any field of human activity

- is an exclusive right granted by the government for a product or process which is

• novel, involved inventive steps and industrial applicability

- is being compared to the closest prior art(s)
- apply for a patent if the difference is not obvious

- Valid for 20 years non-renewable

3 Characteristics of an Invention:

• said invention is not new if it forms part of the “prior art” (novelty)
(Sec. 23, RA 8293)
• Prior art refers to any information which has been made available to
the public anywhere in the world, before the filing date or the
priority date of the application claiming the invention.

• An invention involves an inventive step if, having regard to prior art,

it is not obvious to a person skilled in the art at the time of the filing
date or priority date of the application claiming the invention.
• in the language of intellectual property practitioners, inventive steps
refers to the quality of the developed technology which is not
obvious to an ordinary person skilled in the art. A person skilled in
the art can be any lay person skilled in a pertinent technical field.

• An invention that can be produced and used in any industry shall

be industrially applicable

Images from Google

 YOYO TOY

Inventor: Pedro Flores

This toy has been mass produced by America and popularized all over the
world.

History: The yoyo was used by the Philippine natives 400 years ago as a
combat weapon against the Spaniards and intruders.

PATIS OR FISH SAUCE

Inventor: Ruperta David (aka Aling Tentay)

Patis or Fish Sauce is a condiment that is used as a salty partner for many
Filipino dishes. Ruperta David was responsible for its accidental discovery in
1949.

https://gineersnow.com/engineering/surprising-filipino-inventions-might-want-know
 MEDICAL INCUBATOR

Inventor: Fe del Mundo

Fe del Mundo is the first Asian who was able to enter Harvard
University’s School of Medicine. This improvised incubator comprised of
two native laundry baskets that was placed one inside of the other. Hot
water bottles were arranged around, and in-between the two baskets
to provide warmth. It also included a makeshift hood over the
overlapping baskets so that oxygen will be able to circulate within.
This was created in order to address the needs of families in rural areas
that have no electricity that is needed to regulate the body
temperature of new born babies.

ERYTHROMYCIN

Inventor: Abelardo Aguilar

Erythromycin is an antibiotic that is derived from the bacterium
Streptomyces erythreus which normally used as anti-acne or remove
pimples. Ilonggo doctor/scientist Abelardo Aguilar discovered this strain
in 1949 using the soil in his home province. Unfortunately, when he sent it
to his US employer in Eli Lilli Co. to separate the said strain, the Indiana-
based company owned the drug and Aguilar was not given any credit
for this discovery.
https://gineersnow.com/engineering/surprising-filipino-inventions-might-want-know
4. Through Utility Models

- Any machine, tool, implement, product or process that is new and industrially applicable;
- Unlike a invention, it doesn’t require substantive examination
- Also known in other countries as “petty patent” - Valid until seven (7) years only

Hand Driven Monocycle for Wheelchair Rehabilitation wheelchair

2/2017/000282 JP3122503U
5. Through Industrial Design

-Any composition of lines or colors or any three-dimensional form, whether or not

associated with lines or colors
-Gives special appearance to and can serve as pattern for an industrial product or
handicraft-aesthetic aspects of an article of manufacture
-5 years from the filing date of the application; maybe renewed for not more than 2
consecutive 5 years each, by paying the renewal fee

YODA CHAIR NN CHAIR ALESSI JUICY SALIF

Kenneth Cobonpue Jolou Dote Phillipe Starck
6. Through Plant Variety Protection

-A one-of-a-kind system (sui generis) that gives rights to breeders or farmers over the
varieties they bred or discovered and developed
-Exclusive right to produce, offer for sale, or market propagating materials
-Also known as plant breeders’ rights.
Variety should be:
- New
- Distinct
- Uniform
- Stable
OTHER FORMS OF IP

➢ Through Undisclosed information (Trade Secret)

- Any information with commercial value withheld by a person or entity, subject to
reasonable steps to keep it from unauthorized access

➢ Through Know-how
- The information, practical knowledge, techniques, and skill required to achieve
some practical end, esp. in industry or technology. •Know-how is considered
intangible property in which rights maybe bought and sold. – Black’s Law Dictionary,
2009

➢ Through Indigenous Peoples’ Rights

- refers to the Community Intellectual Rights of the Indigenous Cultural Communities/
Indigenous Peoples (ICCs/IPs) as provided for under Sec. 32 of RA 8371
Copyright, Trademark and Patent: What's the Difference?
https://www.youtube.com/watch?v=HsTi3vD_Usw
 LAY-OUT
UTILITY INDUSTRIAL GRAPHICAL DESIGNS OF TRADE
PATENT TRADEMARK COPYRIGHT
MODEL DESIGN INDICATION INTEGRATED SECRETS
CIRCUITS
topography or
special
products
What is products, business original works aesthetic arrangement; business
improvements originating in an
protected? process identities of authorships features elements of secrets
area
integrated
circuits
IPOPHL/
Registration IPOPHL IPOPHL IPOPHL National IPOPHL IPOPHL IPOPHL NA
Library
novelty, non- novelty, non- product should
doesn't doesn’t duplicate
obvious, obvious, doesn't duplicate originate in
Tests duplicate originality existing design or NA
industrial industrial existing design geographical
existing mark arrangement
applicability applicability area

Moment of
How obtained Registration Registration Registration creation and Registration Registration Registration NA
Registration

5 years
10 years and
renewable for
renewable lifetime + 50 as long as it
20 years from 7 years from not more than 2 as of now 10
Duration every 10 years years after 10 years remains a
filing date filing date consecutive 5 years
as long as it is death secret
year terms for a
used
total of 15 years

Pictures taken from Google images/Slide from IPOOPHL

 PROTECT FIRST BEFORE DISCLOSING

PATENT SEARCH PUBLIC

DISCLOSURE/
COMMERCIALIZE

PROTECT

RESEARCH PRODUCT/ PATENT

PROCESS UTILITY MODEL
NON-DISCLOSURE COPYRIGHT
AGREEMENTS TRADEMARK
IDEA
INDUSTRIAL DESIGN

Pictures taken from Google images/Slide from IPOOPHL

Powerpoint Presentation of Atty. Jerry Serapion during the IP Master Class Module 2 @ DOST-PCAARRD, Los Baños, Laguna
Intellectual Property Code of the Philippines (RA 8293)
Pictures taken from Google images/Slides from IPOPHL