Introduction to

Intellectual
Property Rights
What Is Property?
What Is Property?

• Property is something over which a

person has a right of ownership.
• Two types of property
• Tangible property-one that is physically
present and can be seen and touched.
• Intangible property-one which is not in
any physical present but still hold value.
What is Intellectual Property Rights

• Intellectual property is an intangible creation of

the human mind, usually expressed or translated
into a tangible form that is assigned certain rights
of property.
• Intellectual property rights (IPR) can be defined
as the rights given to people over the creation of
their minds.
• Examples- inventions, literary and artistic works,
and symbols, names, imaged, and designs used in
commerce.
 History of IPR

• In 1883 – the Paris Convention (Industrial Property)

• In 1886 – the Berne Convention ( Copyright)
• Together the Paris and Berne convention are called Magna
Carta of IPR
• In 1891 – the Madrid Agreement ( the offices created by the
Paris and Berne Conventions eventually combined to become
the United International Bureau for the Protection of
Intellectual Property.)
• The terms ‘Intellectual Property’ began to be used since the
nineteenth century.
World Intellectual Property Organization (WIPO)
• 14 July 1967, Stockholm convention establishing
WIPO
• Specialized body
• Headquarter – Geneva
• Functions of WIPO
To promote protection of IP rights
To perform administrative tasks of the Paris and
Berne union
To offer legal-tech help to nations
World Trade Organization
• Uruguay round of GATT (1986 – 1993)
• Conducted at Marrakesh, Morroco on 15
December 1993
• 15 April 1994 – finally signed and WTO
came into existence
• 1 January 1995 – started its functioning
• 1 January 1995 – Agreement between
WIPO and WTO
World Trade Organization
Convention on Trade related aspects of
Intellectual Property Rights (TRIPs)
• WTO signed TRIPs
• It is a mandate attached with WTO
• 7 Categories of IP rights covered -
1. Copyrights and related rights
2. Trademark
3. Geographical indications
4. Industrial design
5. Patent
6. Layout design of integrated circuit
7. Protection of undisclosed information
• Control of anti-competitive practices in
contractual licenses
• Dispute settlement body (DSB)
Empowered to establish panels,
constitute appellate body Adopt panel
reports
Exercise surveillance and compliance
with decisions
 Theories of IPR
• UTILITARIAN THEORY
Awarding property rights is mere means to an end
Innovations will be more openly disclosed.
Source identifier
• LABOR THEORY
John Locke – “A person deserves the fruit of his labor”
It is impossible to separate labor from its body
Subject to the condition that there is no scarcity for
others
 Theories of IPR
• HEGEL’S PERSONALITY THEORY
Any work or invention would belong to its
author or inventor because it’s the
manifestation of the creator or inventor’s
personality.
 Theories of IPR
• SOCIAL PLANNING THEORY
• property must be protected in order to create a rich
and robust cultural environment. It is similar to the
utilitarian theory as they both place the society at its
base.
 TRAGEDY OF COMMON BY GARRET HARDIN
Conflict between individual and collective resources
Relevance in IPR- if there is no protection of intellectual
property there will be no investment as there is no
surety of return.
 Timeline

• What is property
• What is Intellectual Property rights
• International history
Paris and
Berne WIPO WTO TRIPs
convention

• Theory of IP rights (4 theories)

The Intellectual Property system in the
Philippines : A brief history
JUNE 6, 1997
The Intellectual Property Code of the
Philippines otherwise known as Republic Act
8293, was signed into law.
The intellectual property system: a brief
history
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.
Patent applications from the Philippines had
to be sent to Spain for examination and grant.
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…”
In 1913, the Philippine legislature
passed Act No. 2235 making United
States’ patent laws applicable in the
Philippines.
Act No. 3134, entitled, "An Act to Protect
Intellectual Property” was passed in
1924, making it the main intellectual property
law in effect until after Philippine independence
from the US in 1945.
 Act. No. 3134 was based on the U.S.
Copyright Law of 1909.
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 trade
marks, trade names, and service marks respectively, in
1947.
During the Marcos administration, Presidential
Decree No. 49, which governed copyright works,
was passed and superseded Act No. 3134.
The Convention establishing the
World Intellectual Property
Organization (WIPO), came into
force in 1980, of which the
Philippines was already a signatory
of since the 1960s.
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 in 1995
following its entry into the World Trade
Organisation in the same year.
The Philippine government
consolidated the pending intellectual
property laws in 1997, and the
efforts led to the passing and
enforcement of Republic Act 8293,
the Intellectual Property Code in
1998.
 WHY PROMOTE AND PROTECT IP?

There are several compelling reasons:

1. The progress and well-being of humanity rest on its capacity
to create and invent new works in the areas of technology and
culture.
2. The legal protection of new creations encourages the
commitment of additional resources for further innovation.
3. The promotion and protection of intellectual property spurs
economic growth, creates new jobs and industries, and
enhances the quality and enjoyment of life. -WIPO Publication
450
Quiz Time 