RFBT: RA No.

8293 Intellectual Property Code of the Philippines

Intellectual Property Right (IPR)
Property right given to persons over the creation of their minds.
IPR is statutory* in nature (provided by law). It can only be enjoyed based on the terms specified by statute
governing the same.
*Statutory – not inherent; no Constitutional Right
Incorporeal right* which exist separate and distinct from the material object to which it is attached (ownership in one
does not vest ownership over the other)
*Incorporeal Right – “Intangible” (i.e., Copyright)

TRADEMARK PATENT COPYRIGHT

Any visible sign capable of
distinguishing the goods (trademark)
or services (service mark) of an
enterprise. Tradename means the
name of designation identifying or
distinguishing an enterprise.
An exclusive right granted to an
inventor over an invention to sell,
use, and make the same for
commerce.
Incorporeal and intangible property
granted by law to the originator or
creator of a certain literary, artistic,
scientific, and scholarly work with the
sole and exclusive privilege of
multiplying copies of the name and
selling them including other rights
(attribution to carry derivatives works,
moral rights.)
Intellectual Property Right (IPR) – mode of creation right
GR: For IPR to be protected by law, it must be registered to IPO (Intellectual Property Office)
Copyright and related rights (from moment of intellectual creation) – registration with National Library merely
serves as notice of recording and registration. It only created presumption of ownership. Ownership in ultimately
shown by proof of ORIGINALITY (by creator or originator)
Trademark and service marks (must be registered with IPO to be protected by law)
Patents (must be registered with IPO to be protected by law)

LAW ON PATENTS
Requisites of Patentable Inventions
1.) Technical Solutions
2.) Novel
3.) Inventive Step
4.) Industrial Applicability
RIGHT OF PRIORITY
An application for patent filed by any person who has previously applied for the same invention in another country
which by treaty, convention, or law affords similar privileges to Filipino Citizens, shall be considered as filed as of
the date of filling the foreign application: Provided, that:
1.) the local application expressly claims priority;
2.) it is filed within twelve (12) months from the date the earliest foreign application was filed; and
3.) a certified copy of the foreign application together with an English translation is filed within six (6) months
from the date of filling in the Philippines.
- Used when there are 2 or more applicants for the same invention. This right is not equivalent to patent. It
merely provides priority to the earlier registrant (foreign application). A separate local application is still required.

Patent Infringement
Refers to the unauthorized making, using, offering for sale or selling any patented invention or products of the
patented invention without consent from the patent holder.

Right to a Patent
The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made
an invention, the right to a patent shall belong to them jointly.
! The disclosure can be made directly or indirectly.
! Commissioned work
Ex. Commission for painting. The IP is still owned
by the painter but the Painting is owned by the
person who commissioned the work.
 SUMMARY:

The intellectual property (IP) is owned by the person who created the commissioned
For Commissioned Work work. The work itself (i.e., Painting) belongs to the one who commissioned for the said
work. (unless otherwise provided in the contract)

Development of “new”
The intellectual property (IP) is owned by the employee because the said new product
product outside working
has been developed outside their working hours.
hours (ER-EE)

Doctrine of Equivalent
Applicable to Patent – Test of Patent Infringement.
Tests

Doctrine of Prior Use Defense that may be set up by a respondent in an action for Patent infringement.

Doctrine of Fair Use Defense that may be set up by a respondent in an action for Copyright infringement.

2 Types of Licenses as to 1.) Voluntary Licensing

Patent 2.) Compulsory Licensing
LAW ON TRADEMARK, SERVICE MARKS, AND TRADE NAMES
Any visible sign capable of distinguishing, the goods (trademark) or services (service mark) of an
enterprise
Requirements:
Mark 1.) Visible Sign
2.) Capable of distinguishing the goods of an enterprise from those manufactured, sold, or
dealt by others
(i.e., (Service Mark) Smart, National Book Store, Andok’s)
Any visible sign designated as such in the application for registration and capable of
distinguishing the origin or any other common characteristics, including the quality of goods
Collective or services of different enterprises which use the sign under the control of registered
Mark owner of the collective mark.
(i.e., ISO, Halal, etc.)
Name or designation identifying or distinguishing an enterprise.
Trade
name
Which is determined by competent authority (competent courts or Bureau of Legal Affairs of IPO)
to be well-known internationally and in the Philippines, whether or not it is registered in the
Well-kno Philippines, as being already owned by someone taking into account the knowledge of the
relevant sector in the Philippines which has been obtained as a result of the promotion of the
wn Mark mark.
(i.e., Jollibee Food Corporation)
Trademark Infringement: Co. A saw that Co. B is
copying their product. (Ownership Issue) There is a
confusion.
Unfair Competition: 2 Products – Co. B’s product is
also Product A. (Fraud). To make it appear that the
product of Co. B is also the product of Co. A.
 Company A Company B

Identical Products

Ownership Issue? TRADEMARK INFRINGEMENT. If Co. B presents their product as same product of
There is confusion. Co. A, there is fraud. UNFAIR COMPETITION.
XPN: Well known marks
LAW ON COPYRIGHT
January of the following year – the 50 yr. term will begin to run
DATA PRIVACY ACT (RA 10173)
Data Privacy – right
Data Protection – means to implement the right to data privacy

TYPES OF PRIVACY
Decisional Privacy Right to independence in making certain important decisions
Informational Privacy Interest in avoiding disclosure of personal matters
(Data Privacy)
1) Outsourcing
2) Outsourcing
3) Data Sharing
4) Outsourcing
ELECTRONIC DATA MESSAGE AND ELECTRONIC DOCUMENT
Electronic Data Refers to information generated, sent, received, or stored by electronic, optical, or similar
Message means.
Electronic Refers to information or the representation of information, data, figures, symbols, or other
Document modes of written expression, described or however represented, by which a right is
established or an obligation extinguished, or by which a fact may be proved and
affirmed, which is receive, recorded, transmitted, stored, processed, retrieved, or produced
electronically.
Ease of Doing Business