Don Honorio Ventura State University

Bacolor, Pampanga

College of Engineering and Architecture

Department of Civil Engineering

A. Course Code / Title : Technopre 323 / Technopreneurship 101

B. Module Number : Module 7 – Intellectual Property

C. Time Frame : 13th week - 3 hours

D. Description :

This module defines and illustrates Intellectual Property and its types. The most well-known types are
copyrights, patents, trademarks, and trade secrets.

E. Objective :

At the end of this module, the learner should be able to:

1. Learn What is IP?

2. The main purpose of intellectual property law.
3. Why have IP protection?
4. How much is the cost of protection.
5. Know the different types of IP such as copyright, trademarks, patents, trade secrets,
contracts, non-disclosure and non-compete agreements.

F. Contents

❖ Introduction

The term INTELLECTUAL PROPERTY (IP) is a category of property that includes intangible creations of
the human intellect. There are many types of intellectual property, and some countries recognize more than
others. The most well-known types are copyrights, patents, trademarks, and trade secrets.

The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term
"intellectual property" began to be used in the 19th century, though it was not until the late 20th century that
intellectual property became commonplace in the majority of the world's legal systems.

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➢ Common Types of Intellectual Property

➢ Why have IP?

The Intellectual Property Office of the Philippines shortened as IPOPHL, is a government agency in
charge of registration of intellectual property and conflict resolution of intellectual property rights in
the Philippines. The Office is divided into Bureaus :

a) The Bureau of Patents;

b) The Bureau of Trademarks;

c) The Bureau of Legal Affairs;

d) The Documentation, Information and Technology Transfer Bureau;

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e) The Management Information System and EDP Bureau; and

f) The Administrative, Financial and Personnel Services Bureau.

➢ The Law

Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing the
Intellectual Property Office, Providing for Its Powers and Functions, and for Other Purposes]
otherwise known as the Intellectual Property Code of the Philippines.

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual
goods. To achieve this, the law gives people and businesses property rights to the information and
intellectual goods they create, usually for a limited period of time. This gives economic incentive for their
creation, because it allows people to benefit from the information and intellectual goods they create, and
allows them to protect their ideas and prevent copying. These economic incentives are expected to
stimulate innovation and contribute to the technological progress of countries, which depends on the
extent of protection granted to innovators

➢ Cost of Protection

❑ How much is the copyright deposit fee in the Philippines?

*see table under copyright*

❑ How much is a trademark in the Philippines?

The government fee for a trademark application in one (1) class is Two Thousand Five Hundred
Ninety-Two Pesos (P2,592.00). If there are many classes, you just multiply the amount to the
number of classes. If the trademark has color, then an additional Six Hundred Pesos (P600. 00)
must be paid for each class.

❑ How much does a patent cost in the Philippines?

Filing Fee (Filing Fee=P1,800; Each sheet in excess of 30= P15 per sheet; Each claim in excess
of 5= P150 per claim; Request for Substantive Examination= P1,750)

➢ Copyright

Copyrights do not protect ideas, but rather the manner in which ideas are expressed (“original works of
authorship”) - written works, art, music, architectural drawings, or even programming code for software
(most evident nowadays in video game entertainment). With certain exceptions, copyrights allow the
owner of the protected materials to control reproduction, performance, new versioning or adaptations,
public performance and distribution of the works.

❑ What is the duration of copyright protection?

In the Philippines, copyright protection for artistic, literary and derivative works lasts during the
lifetime of the author plus 50 years after the author's death. This term of protection also applies to
posthumous works.
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❑ Procedure

Copyright is the legal protection extended to the owner of the rights in an original work. “Original
work” refers to every production in the literary, scientific and artistic domain.

Among the literary and artistic works enumerated in the IP Code includes books and other
writings, musical works, films, paintings and other works, and computer programs.

Copyright laws grant authors, artists and other creators automatic protection for their literary and
artistic creations, from the moment they create it.

Recordation or deposit of your works isn’t necessary but authors and artists may opt to execute an
affidavit of ownership with the National Library or the IPOPHL for the issuance of recordation
and deposit.

❑ COST

Type of Fee Small Entity Big Entity

Copyright Deposit (NCR) 450.00 625.00

Copyright Deposit (Region) 550.00 750.00

Copyright Deposit (Bulk), per certificate 200.00 200.00

Amendment/Correction – Certificate (NCR) 200.00 625.00

➢ Trademarks

A trademark is a word, a group of words, a sign, a symbol, a logo, or a combination thereof that
identifies and differentiates the source of the goods or services of one entity from those of others.

If you’re a business, distinguishing your goods or services from others gives you a competitive edge.
Learn more about trademarks, how to apply for protection, and how to manage them.

❑ What is the duration of a trademark registration in the Philippines?

A trademark or service mark registration is valid for ten (10) years and can be renewed after.

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❑ Procedure

Trademarks do not necessarily require government approval to be in effect; they can apply through
abundant use in interstate commerce. Still, registration of a trademark affords far superior protection
and is gained by filing an application with the proper government office.

❑ COST

The government fee for a trademark application in one (1) class is Two Thousand Five Hundred
Ninety-Two Pesos (P2,592.00). If there are many classes, you just multiply the amount to the number
of classes. If the trademark has color, then an additional Six Hundred Pesos (P600. 00) must be paid
for each class.

❑ Philippines Trademark Registration

A trademark is a feature unrelated to the characteristics of your products or services, which allow
your business to help customers and consumers distinguish your products and services from identical
or similar products and services of everyone else. Thus should be considered paramount by any
modern enterprise. When you think of Starbucks, you think of a cup of coffee, but you also think of
their green mermaid logo.

Moreover, a trademark is an area of intellectual property law that protects the brand name of your
products. A trademark is what you call your company. It's the slogan that you use for your company.
It's the design of the logo that you use. This is covered under intellectual property law subcategory
called trademark law.

Lastly, to make sure that your business name and logos are worth the inconvenience of applying for a
trademark, it should be something that you’ll be proud of; something that represents your vision and
ideals for your company or business.

➢ Patents

Used to protect inventive ideas or processes – things that are new, useful and non-obvious - patents
are what most often comes to mind when thinking of IP protection. Patents are also used to protect
newly engineered plant species or strains, as well.

Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down
the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to
technical solutions such as inventions, machines, devices, processes, or an improvement of any of the
foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a
technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents,
which will examine, and in some cases, grant its approval. The law is designed to foster domestic
creativity, attract foreign investors, and motivate inventors to release their products for public access.

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❑ Procedure

For most companies, patents result from the following stages:

❑ Conceptualization

Typically, innovation teams work to address a common problem facing their organization,
industry, or the world at large when developing their idea. When they’ve arrived at a solution or
concept, they’ll draw up plans and gather the resources necessary to make it a reality. Prototypes
or drawings can be created to provide a more accurate description of the end product or process.

❑ Invention Disclosure

An internal review process often occurs with every invention. The innovation team consists of
internal counsel and an invention review panel of varying disciplines. The reviewers assess, rate,
rank, score, and highlight potential flaws in the supporting documents and descriptions for the
invention, which are then addressed by the inventor. These reviews can and often do take place
multiple times for a single invention.

❑ Patent Application

If the invention is deemed meritorious enough for the pursuit of patent protection, some
organizations prepare their own provisional or nonprovisional patent applications. Others will
farm this stage out. There may be more tweaks as an application is prepared, and then submission
to the appropriate patent office and the prosecution stage begins (the back & forth with the
government patent office). Typically, it is outside counsel that manages this process and related
docketing activities.

The Intellectual Property Code of the Philippines sets three conditions for an invention to be
deemed patentable: it has to be new, involves an inventive step, and is industrially applicable. ...
An invention that can be produced and used in any industry is considered industrially applicable.

➢ Trade Secrets

Trade secrets are proprietary procedures, systems, devices, formulas, strategies, or other information that
is confidential and exclusive to the company using them. They act as competitive advantages for the
business.

❑ Procedure

There isn’t a federally-regulated registration process for trade secrets. Instead, the onus is on the
company in possession of the secret to take necessary precautions to maintain it as such. This is
an ongoing, proactive process and can include clearly marking relevant documents as
“Confidential,” implementing physical and data security measures, keeping logs of visitors and
restricting access. The issuance of nondisclosure agreements or other documented assurances of
secrecy can also be employed. One of the first defenses typically put up when you assert that
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someone misappropriated your trade secret is that you failed to adequately treat it as a trade
secret.

❑ Costs

Though there are no official registration costs, there are costs associated with taking appropriate
precautions and security measures. You must weigh the competitive significance of your secrets
against the cost of protecting them.

➢ Non – Disclosure Agreement

A NON-DISCLOSURE AGREEMENT (NDA), also known as a confidentiality agreement (CA),

confidential disclosure agreement (CDA), proprietary information agreement (PIA) or secrecy agreement
(SA), is a legal contract or part of a contract between at least two parties that outlines confidential
material, knowledge, or information that the parties wish to share with one another for certain purposes,
but wish to restrict access to.

➢ Non – Compete Agreement

A NONCOMPETE AGREEMENT is a contract between an employee and an employer in which the

employee agrees not to enter into competition with the employer during or after employment. These legal
contracts prevent employees from entering into markets or professions considered to be in direct
competition with the employer.

G. References:

1. Technology Ventures: From Idea to Enterprise, Dorf, Richard, Byers, Thomas, and Nelson, Andrew;
ISBN 9780073380186; 3rd Edition, 2009
2. https://www.ipophil.gov.ph
3. https://www.ipophil.gov.ph/trademark/
4. https://www.trademark.net.ph/trademark-registration.html

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