Intellectual Property Code of the Philippines

• Intellectual Property Code of the Philippines enacted under Republic Act No. 8293 protects intellectual property rights.
• The law covers creations like inventions, trademarks, copyrights, and industrial designs, granting exclusive rights to creators and inventors.
• Beneficiaries of this law include scientists, inventors, artists, the national economy, and global participants.
• Understanding this law encourages innovation and creativity.
• The Act fosters economic growth and promotes fairness and prevents legal issues.
• This law protects innovations and supports licensing and commercialization.

Definitions (Section 4)

• Intellectual property rights include: copyrights and related rights, trademarks and services marks, geographic indications, industrial designs, patents, lay-out designs of integrated circuits and protection of undisclosed information.
• Copyright and related rights extend to songs, books and art.
• Trademarks and service marks include entities like 7/11, Jollibee, KFC and McDonalds.
• Geographic indications include Guimaras Mangoes
• Industrial designs includes a Bamboo Speaker.
• Patents includes Bamboo Snack Tongs

Technology Transfer Arrangements

• Technology Transfer Arrangements involve agreements for transferring knowledge to manufacture a product, apply a process, or provide a service.
• The transfer includes management contracts and licensing of intellectual property rights, especially computer software (excluding mass market software).

Intellectual Property Office (IPO)

• The IPO was created to administer and implement State policies declared by Republic Act No. 8293.
• Section 5 outlines the roles and responsibilities of the IPO.
• The IPO examines applications for patents, trademarks, utility models, industrial designs, and integrated circuits.
• The IPO registers and resolves disputes regarding technology transfer arrangements; promotes patent information for technology development.
• IPO also publishes patents, trademarks, and technology transfer arrangements regularly, managing legal disputes, and coordinating IP protection with government and private sectors.
• Section 6 shows the organizational structure of the IPO, with the functions of different departments

Functions of Bureaus within IPO

• The Bureau of Patents searches and examines patient applications and grants patents
• The Bureau of Patents registers utility models, industrial designs, and intergrated circuits.
• The Bureau of Trademarks searches applications for marks, geographic indications, and other ownership marks.
• The Bureau of Trademarks formulates studies and research on trademarks for policy.
• The Bureau of Copyright and Related Rights manages copyright registration for literary, artistic, and other original works, ensuring creators' rights are protected.
• The Bureau of Copyright and Related Rights enforce copyright laws and handle disputes related to infrigement of copyright and related rights.
• The Burearu of Legal Affairs hears oppositions to trademarks and petitions for cancellation of patents, utility models, and industrial designs.
• The Burearu of Legal Affairs handles administrative complaints on intellectual property rights violations.
• The Burearu of Legal Affairs imposes administrative penalties, including cease and desist orders, fines, product seizure, forfeiture, suspension, and cancellation of permits or licenses.
• The Documentation, Information and Technology Transfer Bureau provides patent and trademark search/examination and promotes awareness of IP.
• The Documentation, Information and Technology Transfer Bureau conducts database searches and facilitates tech transfer registration and dispute settlement.
• The Management Information Services and EDP Bureau conducts automation planning and provides management information and technological support.
• The Administrative, Financial and Human Resource Development Service Bureau handles procurement, maintains registers, and manages financial and HR programs.

The Law on Patents

• A patent is an exclusive right granted for an invention.
• Any new technical solution to a problem in any field of human activity that involves an inventive and is industrially applicable can be patented.
• Discoveries, scientific theories, mathematical methods, schemes, rules or methods for performing mental acts, playing games or doing business and computer programs are non-patentable.
• Methods for treating animals or humans by surgery or therapy are non-patentable.
• Plant varieties, animal breeds, aesthetic creations or anything contrary to public order or morality are non-patentable inventions.
• The right to a patent belongs to the inventor, their heirs, or assigns.
• If two or more people jointly made the invention, they own the patent jointly.

Patent Rights

• If the employee made the invention when they were employed, the patent belongs to the employee, but if it was part of their assigned duties the patent is owned by the employer,
• A patent application previously filed in another country that offers similar privileges to Filipino citizens will be considered filed as of the foreign filing date.
• This is considered when there is a treaty, convention or law.
• In applying for the patent, the application shall be in Filipino or English and include a request for grant of the patent, a description of the invention, related drawings, at least one claim, and an abstract,.
• If the applicant is not a resident of the Philippines, they must appoint a resident agent or representative for legal procedures.
• Applicants must comply with filing requirements and the application will be checked to determine prior art where it will be published in the IPO Gazette.

Patent Infringement

• Patent Infringement is making, selling or importing a patented product or a product obtained directly or indirectly from a patented process without authorization.
• Criminal penalties for infringement include a prison sentence from one to three years and a fine ranging from P5,000 to P150,000 for the first offense.

The Law on Trademarks, Service Marks, and Trade Names.

• A trademark is any visible sign capable of distinguishing the goods of an interprise.
• An example of a trademark is a logo of a tech company on its smartphones.
• A service mark is any sign capable of distinguishing the services of an interprise.
• An example of a service mark is a logo used to identify a software company's tech support.
• A collective mark is any visible sign in an application which distingishes the origin of goods or services.
• An example of a collective mark is a certification mark used by software developer to indicate adherence to certain standards.
• A trade name is identifying or distinguishing an interprise.
• An example of a trade name is the name of a technology corportation.

Trademark Registration

• Rights in a mark are acquired through a valid registration.
• The application for registration must be in Filipino or English.
• The application must contain the applicant's name and address, the mark itself, and the goods or services for which the registration is sought.
• The applicant must declare actual use of the mark with evidence within three years from the filing date.

Trademark Infringement

• Trademark infringement occurs when someone uses a reproduction, counterfeit , or copy of a registered mark.
• Criminal penalties include imprisonment from two to five years and a fine ranging from P50,000 to P200,000

The Law on Copyright

• Copyright or Economic Rights is an exclusive right granted to the creator of an original work.
• Copyright includes the ability to control the use, reproduction, and distribution of their work.
• Copyright protects elements such as software and source code, circuit designs and hardware schematics, AI and Machine Learning Models.
• Copyright also protects video games and game engines, data bases and digital libraries.
• Original works such as books, articles, computer programs, paintings, drawings and sculptures are protected.
• The original works must be original intellectual creations in the literary and artistic domain.
• Derivative works, including modified software versions, translations, and abridged versions of original works are protected.
• Unprotected Subject Matter includes any idea, procedure system, discovery or mere data
• Works of Government do not get copyright.

Limitations on Copyright

• Fair Use permits the use of copyrighted material for education, research and reporting.
• The limitations provides individuals with the ability to make copies for research or study purposes.
• Performances are permissible, but must be for non-commercial use.
• Libraries and educational institutions may make archival copies of works.
• A moral right is given to identify as the author
• The creator have the right to object modifications of their work.
• Copyright Infringement is the unauthorized reproduction, distribution, or adaptation of a copyrighted work.

IP Rights in the Field of Computer Engineering

• IP Rights protect hardware and software innovations through on original 3D integrated circuits and copyright for computer programs.

Issues with IP Rights in the Field of Computer Engineering

• Challenges in protecing computer engineering innovations includes piracy, enforcement limitation, expensive litigation and fair use policies.
• IP protects through Patents hardware, copyright protects computer programs and trade secrets protects algorithms.
• The limitations include that copyright in software has the exception to allow for exceptions such as decompilation.
• Reproduction of archival or back up is permissable. and gaps on information regarding identifying and prosecuting infringers.