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DIFFERENCES BETWEEN COPYRIGHT, TRADEMARK, AND PATENTS

COPYRIGHT TRADEMARK PATENT


As to their RATIONALE Is to protect the rights Is to identify certain Is to protect the rights of
of the creator or owner words, logos, sign, or the inventor that discloses
of a literary and artistic symbols of an entity that an invention.
work. determines where a
specific goods or service
came from.
As to their SUBJECT MATTER Literary and Artistic Business brand identity Invention, discovery,
works. (Books and (a group of words, sign, scientific theories,
other writings, musical symbol, logo, or a mathematical method,
works, films, paintings combination thereof) process of method,
and other works, and computer-related
computer programs.) inventions, and improvment
of any of the foregoing
As to their ELEMENTS > Originality means that > Disctinctiveness and > Novelty
the work should Descriptiveness
originally came from >Inventive Step
the creator. > Genericness
>Industrial Applicability
>Creativity means thats > Suggestive
the work shall be
considered “creative > Arbitrary
enough”.
> Fanciful and coined
>Fixation means that
the work should be
embodied in a material
that is permanent in
nature.
As to WHEN PROTECTION BEGINS It begins from the Begins in the date of In the date of approval of
moment of creation of registration the application for patent.
the said literary or
artistic work.
As to TERM OF PROTECTION Lifetime of the owner 10 years from the date of 20 years from the date of
of the copyright + 50 registration (but is filing or application in the
years. renewable for a period of Bureau of Patents of the
10 years at a time) Philippine Intellectual
Property Office.

SOURCE:
https://www.ipophil.gov.ph/history/#:~:text=The%20Intellectual%20Property%20Office%20of%20the%20Philippines%20(IPOPHL)'s,
order%20of%20President%20Corazon%20C.

https://www.gbll.in/blog/essential-trademark-elements

https://www.law.cornell.edu/wex/patent

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