Also known as

REPUBLIC The Intellectual

ACT NO. Property Code Of
The Philippines Of
8293 1997
 REPUBLIC ACT NO. 8293
• “The state recognizes that an effective intellectual and industrial property
system is vital to the development of domestic and creative activity,
facilities transfer of technology, attracts foreign investments, and ensures
market access for our products. It shall protect and secure the exclusive
rights of scientist, inventors, artist, and other gifted citizens to their
intellectual property and creations, particularly when beneficial to the
people, for such periods as provided in this act.”
 REPUBLIC ACT NO. 8293
• Section 172.2 of the act
States that “works are protected by the sole fact of
their creation, irrespective of their mode or form of
expression, as well as of their content, quality and
purpose.
 REPUBLIC ACT NO. 8293
•Copyright law grants protection to original works of
authorship fixed in a tangible means of expression. That
includes just about anything that is written, recorded, built
or crafted, whether published or unpublished. It even
includes websites and the images on them!
REPUBLIC ACT NO. 8293
•If you want to use, sample or make a copy of
all part of a work created by someone else, you
need to first determine how copyright law
applies to your situation.
 refers to creations of the mind,
such as inventions; literary and
INTELLECTUAL
artistic works; designs; and
PROPERTY (IP) symbols, names and images
used in commerce

(Source: http://www.wipo.int/about-ip/en/)
 WORLD INTELLECTUAL
PROPERTY ORGANIZATION
(WIPO)
 is the UN agency
responsible for treaties
involving copyright, patent,
and trademark laws.
Types Of Intellectual Property
• Copyright
• Patent
• Trademarks
• Industrial Design
• Geographical Origin
Type of Intellectual Definition
Property

1. Copyright • a legal term used to describe the

rights that creators have over their
literary and artistic works
• books, music, paintings, sculpture
and films, to computer programs,
databases, advertisements, maps and
technical drawings

Types Of Intellectual Property

Republic Act 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
During the lifetime of the author plus
Literary works 50 years after death
Art 25 years from the date of creation

Photographic work 50 years from publication

Audio- visual work 50 years from publication

Types Of Intellectual Property

Republic Act 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
Sound recording 50 years from year recording took place

Broadcast recording 20 years from date of broadcast

Valid for 10 years and may be renewed for a

Trademark periods of 10 years
Invention patent Valid for 20 years from filing date application

Types Of Intellectual Property

Type of Intellectual Definition
Property

2. Patent • an exclusive right granted for

an invention
• provides the patent owner
with the right to decide how -
or whether - the invention can
be used by others

Types Of Intellectual Property

DESIGN PATENT APPLICATIONS
DESIGN
PATENT
APPLICATIONS

Types Of Intellectual Property

THE FAMOUS GRAVITY-DEFYING LEAN OF MICHAEL JACKSON
PATENT
THE SHOES THAT MADE MICHAEL JACKSON’S
ANTI-GRAVITY LEAN POSSIBLE
Type of Intellectual Definition
Property

3. Trademarks • a sign capable of

distinguishing the goods or
services of one enterprise
from those of other
enterprises.

Types Of Intellectual Property

TRADEMARKS
TRADEMARK INFRINGEMENT?
 Mars sues Hershey for trademark infringement
over MALTESER brand

(http://www.candyindustry.com/articles/86210-mars-sues-hershey-for-trademark-infringement-over-malteser-brand)

TRADEMARK INFRINGEMENT
Mars Inc. has filed a trademark infringement lawsuit against The Hershey Co. claiming that Hershey’s Malteser brand is too similar to
Mars’ Maltesers.
“This lawsuit is without merit,” Hershey says. “The Hershey Co. has owned the MALTESER trademark in the United States for more
than 15 years. We intend to vigorously defend against this groundless litigation.”
As for Mars, the company says only, "“Mars can confirm that we have filed a complaint that seeks to protect our Maltesers brand
trademark.”
In the complaint, the chocolate maker offers more detail. Mars says, “By its recent copying, Hershey has tricked customers in the United
States into buying fake Malteser candy instead of real Mars' Maltesers candy. Hershey's conduct is irreparably injuring and hampering
Mars' ability to sell Maltesers candy in the United States.”
According to an article in Law 360:
“Hershey acquired the “Malteser” trademark, without a plural “s,” in 1998 from a Dutch company that had received it from the original
registrant, Leaf Corp., which attained the mark nearly 30 years after Mars had begun selling Maltesers throughout the world, according
to the suit. Mars sued and eventually settled with Leaf in 1994.
“From then on, Hershey has maintained the mark only for the purposes of pushing Mars' Maltesers out of the market in favor
of Whoppers, engaging in little or only perfunctory use of the mark in violation of the Lanham Act, according to the complaint.”
In the complaint, Mars says the trademark infringement became too big of an issue to ignore in 2010, when Hershey
released Malteser packaging that looked really similar Mars’ Maltesers packaging.
“The suit even provides the court with several angry comments from customers claiming they purchased what they thought
were Maltesers on the Internet, only to learn they were deceived into buying the Hershey candy,” Law 360 reports.

TRADEMARK INFRINGEMENT?
Type of Intellectual Definition
Property
4. Industrial • constitutes the ornamental or
aesthetic aspect of an article
Design • may consist of three-dimensional
features, such as the shape or surface
of an article, or of two-dimensional
features, such as patterns, lines or
color

Types Of Intellectual Property

INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
•What is the difference between an industrial design right and
a patent? An industrial design right protects only the
appearance or aesthetic features of a product, whereas a
patent protects an invention that offers a new technical
solution to a problem
Type of Intellectual Definition
Property
5. Geographical • signs used on goods that have a
specific geographical origin and
Indications and possess qualities, a reputation or
characteristics that are essentially
Appellations of attributable to that place of origin
Origin • most commonly includes the name of
the place of origin of the goods.

Types Of Intellectual Property

GEOGRAPHICAL INDICATIONS AND
APPELLATIONS OF ORIGIN
GEOGRAPHICAL INDICATIONS AND
APPELLATIONS OF ORIGIN
GUIDELINES FOR FAIR USE
Fair use is a defense against a claim of
copyright infringement.
A majority of the content you create must be your own.
Give credit to the copyright holder.
Don't make money off of the copyrighted work.
GUIDELINES FOR FAIR USE
Fair use means you can use copyrighted material without a
license only for certain purposes. These include:
Commentary
Criticism
Reporting
Research
Teaching
 CREATIVE COMMON
•Is an American non-profit organization devoted
to expanding the range of creative works available for
others to build upon legally and to share. The organization
has released several copyright-licenses known as creative
commons licenses free of charge to the public.
https://creativecommons.org/about/
CREATIVE COMMONS
•Attribution: you must credit the creator.
•Non-commercial: you can't make a profit.
•No derivative works: you can't change the
content.
•Share alike: you can change the content, but you
have to let other people use your new work with
the same license as the original.
 CREATIVE COMMONS

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