What is intellectual property?

Intellectual property (IP) has been defined as "those property rights which result from the physical manifestation of original thought" (Ballentine's Law Dictionary, 3d Ed.) It should be made clear at the outset that regardless of what the term intellectual property may suggest, there are no property rights by law by mere ideas or mental conceptions. When creations of mind are put in tangible form, however there is appropriate subject of property that is protected by the law . (63A Am Jur 3d, Property, Section 5.)

What are the types of intellectual property?

Intellectual property consists of: 

a) Copyright and related rights;

b) Trademarks and service marks;

c) Geographical indications;

d) Industrial designs;

e) Patents;

f) Layout designs (Topographies) of Integrated Circuits; and

g) Protection of Undisclosed information (n, TRIPS).

The term "technology transfer agreements" refers to contracts or agreements involving teh transfer of systematic knowledge of nature for the manufacturer of a product, the applcation of a process, or rendering of a service including management contracts; and tranfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market.

Why do IP rights matter?

There are many reasons why IP rights matter. The main reasons are:

1. Attribution

2. Economic growth

The first reason is that it is both just and appropriate that the person putting in the work and effort into an intellectual creation has some benefit as a result of this endeavor. The second reason is that by giving protection to intellectual property many such endeavors are encouraged and industries based on such work can grow, as people see that such work brings financial return.

What are the laws on IP?

The 1987 Philippine Constitution recognizes and protects IP.  

Article XIV, Section 13 states that, "The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law."

The main law for IP is the RA 8293, as amended or the Intellectual Property Code of the Philippines. 

 

Other IP-related laws are:

RA 10667: Philippine Competition Act (2015)

RA 10175: Cybercrime Prevention Act (2012)

RA 10088: Anti-Camcording Act (20010)

RA 10055: Philippine Technology Transfer Act (2009)

RA 9711:   Food and Drug Administration Act (2009)

RA 9502:   Universally Accessible Cheaper and Quality Medicines Act (2008)

RA 9239:   Optical Media Act (2003)

RA 9168:   Philippine Plant Variety Protection Act (2002)

RA 9160:   Anti-Money Laundering Act (2001) and its amendments R.A. 9194 (2002), R.A. 10167 (2011), R.A. 10365 (2013)

RA 8792:   e-Commerce Act (2000)

RA 8203:   Special Law on Counterfeit Drugs (1996)

RA 7394:   Consumer Act (1992)

RA 3720:   Foods, Drugs & Devices, and Cosmetics Act

RA 623:     Use of Duly-Stamped and Marked Containers (1951), as amended by R.A. 5700

Copyright

You composed a new song or poem. You took a photograph or created a painting. You wrote a story which will hit the market in the next few months. What are your rights over these properties? How can you protect them? Can you claim exclusivity over these?

Copyright law provides information on what intellectual properties that can be protected and the

Trademark

 You want to be known in the marketplace by your unique logo. Can you make another nametag you have seen online but with different color? Is there restriction on using a brand?

Whether it is brand, logo, name, tag, marks or commercial names, you will know more about your rights under trademark law.

Patent

You have accidentally invented a unique process of knowing the ripeness of a mango. You want to make money out of it. How should you start? Do you want to keep it yourself? Do you want to sell it to the marketplace? What are the economic benefits of my invention?

Inventions can be as small as safety pin or as noble as cough medicine. Take steps to

Utility Model

What is a Utility Model?

A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. It may be any useful machine, implement, tools, product, composition, process, improvement or part of the same, that is of practical utility, novelty and industrial applicability

Industrial Design

Your company created a distinctive packaging design for your product. You wanted to ensure that only your company has the sole use of it. What will you do if other company copies the design? What are the protections afforded to this kind of intellectual property?

Ornamental or aesthetic article of a work may be protected under industrial design law.

Geographical Indication

A product states, “Made in Japan”. You wanted to know if it is an exclusive product of that country or region. Do you know that some famous products have acquired protection in the country of their origin? Do you know if your region has products that are protected under geographic indication?

Find out the value and benefit of protecting an