4 Regframew Week 6-7 Cooperative Edit

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DEPARTMENT OF ACCOUNTANCY

SCHOOL OF BUSINESS AND ACCOUNTANCY


HOLY ANGEL UNIVERSITY
PART IX.

COOPERATIVE CODE OF THE PHILIPPINES


Republic Act No. 6938, as amended by R.A. No. 9520
COOPERATIVE

An autonomous and duly registered association of persons,


with a common bond of interest, who have voluntarily joined
together to achieve their social, economic, and cultural needs
and aspirations by making equitable contributions to the
capital required, patronizing their products and services and
accepting a fair share of the risks and benefits of the
undertaking in accordance with universally accepted
cooperative principles (Art. 3)
OBJECTIVE:
- to help improve the quality of life of its members

GOALS:
1. Provide goods and services to its members to enable them to attain increased
income, savings, investments, productivity, and purchasing power, and promote
among themselves equitable distribution of net surplus;
2. Provide optimum social and economic benefits to its members;
3. Teach them efficient ways of doing things in a cooperative manner;
4. Propagate cooperative practices and new ideas in business and management;
5. Allow the lower income and less privileged groups to increase their ownership in
the wealth of the nation; and
6. Cooperate with the government, other cooperatives and people-oriented
organizations to further the attainment of any of the foregoing objectives (Art. 7)
COOPERATIVE PRINCIPLES:
1. Voluntary and Open Membership - open to all persons able to use their services and
willing to accept the responsibilities of membership, without gender, social, racial,
cultural, political or religious discrimination.
2. Democrative Member Control - controlled by their members who actively participate
in setting their policies and making decisions. Men and women serving as elected
representatives, directors or officers are accountable to the membership.
3. Member Economic Participation - Members contribute equitably to, and
democratically control, the capital of their cooperatives.
4. Autonomy and Independence - If they enter into agreements with other
organizations, including government, or raise capital from external sources, they shall
do so on terms that ensure democratic control of their members and maintain their
cooperative autonomy.
5. Education, Training and Information
6. Cooperation Among Cooperatives
7. Concern for Community (Art. 4)
TYPES OF COOPERATIVES:

1. Credit 11. Education


2. Consumers 12. Electric
3. Producers 13. Financial Service
4. Marketing 14. Fishermen
5. Service 15. Health Services
6. Multipurpose 16. Housing
7. Advocacy 17. Insurance
8. Agrarian Reform 18. Transport
9. Cooperative Bank 19. Water Service
10.Dairy 20. Workers (Par. 1, Art. 23)
CATEGORIES OF COOPERATIVES:
In terms of membership:
1. Primary - The members of which are natural persons;
2. Secondary - The members of which are primaries; and
3. Tertiary - The members of which are secondary
cooperatives

In terms of territory:
- Categorized according to areas of operations which may
or may not coincide with the political subdivisions of the
country (Par. 2, Art. 23)
PRIVILEGES OF COOPERATIVES:
1. Privilege of depositing their sealed cash boxes or containers, documents or any
valuable papers in the safes of the municipal or city treasurers and other
government offices free of charge
2. preferential right to supply government institutions and agencies rice, corn and
other grains, fish and other marine products, meat, eggs, milk, vegetables, tobacco
and other agricultural commodities
3. Preferential treatment in the allocation of fertilizers, including seeds and other
agricultural inputs and implements, and in rice distribution
4. Preferential rights in the management of public markets and/or lease of public
market facilities, stalls or spaces
5. Cooperatives transacting business with the Government of the Philippines or any
of its political subdivisions or any of its agencies or instrumentalities, including
government-owned and controlled corporations shall be exempt from
prequalification bidding requirements (Art. 61)
POWERS & CAPACITIES OF COOPERATIVES:
1. To the exclusive use of its registered name, to sue and be sued;
2. Of succession;
3. To amend its articles of cooperation in accordance with the provisions of this Code;
4. To adopt bylaws and to amend and repeal the same;
5. To purchase, receive, take or grant, hold, convey, sell, lease, pledge, mortgage, and
otherwise deal with such real and personal property as the transaction of the lawful affairs
of the cooperative may reasonably and necessarily require;
6. To enter into division, merger or consolidation;
7. To form subsidiary cooperatives and join federations or unions;
8. To avail of loans, be entitled to credit and to accept and receive grants, donations and
assistance from foreign and domestic sources, subject to the conditions of said loans,
credits, grants, donations or assistance that will not undermine the autonomy of the
cooperative;
9. To avail of preferential rights granted to cooperatives under Republic Act No. 7160,
otherwise known as the Local Government Code, and other laws. (Art. 9)
PART X.

INTELLECTUAL PROPERTY CODE


OF THE PHILIPPINES

Republic Act No. 8293, as amended


INTELLECTUAL PROPERTY
- Anything created or produced by the human mind or intellect
- Anything created including but not limited to inventions,
literary works, items created by artists, symbols, designs,
images, pictures, or even names used for commercial purposes

- To ensure that people behind it are given due recognition or


remuneration

KINDS: Patent, Trademark & Copyright


INTELLECTUAL PROPERTY OFFICE (IPO)
- The government agency mandated to administer and
implement State policies on intellectual property (IP) to
strengthen the protection of IP rights in the country

FUNCTIONS:
- Examines applications
- Registers technology transfer arrangements
- Administratively adjudicate contested proceedings
1. PATENT
- A grant given by the government to inventors/applicants in return
for disclosing an Invention
- A legal right to exclusively exploit the invention for the life of the
patent
- 3 criteria: new, involves an inventive step, and industrially
applicable

Term of protection: (20) years from the date of filing in the


Philippines, with no possibility of renewal. It must be maintained
yearly, starting from the 5th year.
PATENTABLE INVENTIONS:

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


which is new, inventive, and useful

- May relate to a:
a. Product (e.g. machine, device, an article of manufacture, a
composition of matter, a microorganism);
b. Process or method, (e.g. a method of use, method of manufacturing,
a non-biological process, a microbiological process);
c. Computer-related inventions; and
d. Improvement of any of the foregoing
NON-PATENTABLE:

1. Discoveries, scientific theories and mathematical methods


2. Schemes, rules and methods of performing mental acts, playing games or
doing business, and programs for computers
3. Methods for treatment of the human or animal body by surgery or therapy
and diagnostic methods practiced on the human or animal body (shall not
apply to products and composition for use in any of these methods)
4. Plant varieties or animal breeds or essentially biological process for the
production of plants or animals (hall not apply to micro-organisms and non-
biological and microbiological processes)
5. Aesthetic creations; and
6. Anything which is contrary to public order or morality
PATENT APPLICATION REQUIREMENTS:
A.Three (3) filled out copies of the Patent Application Form
B. Specification and description of the patent:
The Title
A brief statement of its nature and purposes
Brief explanation of the drawings, if any
Complete and detailed enabling description
Distinct and explicit claim/s sought to be protected
Abstract of the invention
C. Drawings of the invention
2. TRADEMARK

A word, a group of words, sign, symbol, or a  logo that identifies and


differentiates the source of the goods or services of one entity from those of
others

- Protects a business’ brand identity in the marketplace


- Gives the owner the exclusive rights to prevent others from using or
exploiting the mark in any way
- May be a source of revenue for the owner in the form of royalties obtained
through franchising or licensing of the registered TM for use by others
- First-to-File Rule for word mark, figurative mark, figurative mark with
words, 3D mark or stamped or marked container of goods
TRADEMARK APPLICATION REQUIREMENTS:

A. An express or implicit indication that the registration of


a mark is sought
B. The identity of the applicant
C. Contact details of the applicant or its
agent/representative
D. A reproduction of the mark
E. The list of the goods or service
F. Payment of Filing Fee
3. COPYRIGHT
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.

- 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.
RIGHTS UNDER COPYRIGHT:

1. ECONOMIC - Rights that enable the author to earn from his work, and gives him
control over the use of it, such as in its:
Reproduction
Transformation First public distribution
Rental
Public display
Public performance
Other communication to the public of the work.
2. MORAL - Rights that govern the author’s connection to his work:
Right of Attribution
Right of Alteration
Right of Integrity (object to any prejudicial distortion)
Right to restrain use of his name

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