Intellectual Property Laws in the Philippines

Intellectual Property of the Philippines

• The Intellectual Property Code of the Philippines is RA 8293
• The Philippine Technology Transfer Act of 2009 is RA 10055, which supports the ownership, management, use, and commercialization of IP from government-funded research and development
• This act only applies if the prototype is tangible in the market

Registering Procedure

• Patent registration takes 3-6 years
• Utility Model registration takes 6 months to 3 years
• Copyright registration takes 1 month

Global Innovation Index (GII) and World Intellectual Property Office (WIPO)

• The Global Innovation Index (GII) ranks the innovation capabilities of world economies
• The World Intellectual Property Office (WIPO) is an international organization that promotes the use and protection of IP

Intellectual Property (IP)

• IP refers to the fruits of human creativity and invention, such as inventions, literary, and artistic works
• IP creates rights, which are considered property and can be owned, recognized, sold, rented, stolen, and protected

Types of Intellectual Property

• Patent
• Utility Model
• Industrial Design
• Trademark
• Copyright
• Trade Secrets
• Geographical Indicators

Patent

• A patent is an exclusive right granted by the state for an invention that is new, involves inventive steps, and has industrial applications
• A patent gives the owner the right to exclude others from making, using, or selling their invention during its registered year

Invention and Innovation

• An invention is a technical solution to a problem in any field of human activity
• Innovation is the transition of an invention to a marketable product

Patentable Invention

• A patentable invention is one that is novel and contains inventive steps
• Inventive steps have an unexpected or surprising result, are not obvious, and overcome technical problems

Utility Model

• A utility model is a design to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patent application
• Utility models have 7 years of protection from the filing date and require renewal

Industrial Design

• An industrial design is more concerned with the aesthetics and appearance of an invention
• Industrial designs are non-functional, protected for 5 years from the filing date, and can be renewed for two consecutive periods of five years each

Copyright

• Copyright extends legal protection to the creators of original works
• Protection starts when the work is created and covers literary, musical, dramatic, or any kind of art
• Copyright lasts for the life of the individual plus 70 years

Trademark

• A trademark is any visible sign distinguishing goods or services of an enterprise
• Trademarks are tools that help the public remember the quality of goods and services
• Trademarks can be words, symbols, phrases, signs, or logos, and are valid for 10 years from registration, renewable every 10 years

Intellectual Property of the Philippines

• The Intellectual Property Code of the Philippines is RA 8293
• The Philippine Technology Transfer Act of 2009 is RA 10055, which supports the ownership, management, use, and commercialization of IP from government-funded research and development
• This act only applies if the prototype is tangible in the market

Registering Procedure

• Patent registration takes 3-6 years
• Utility Model registration takes 6 months to 3 years
• Copyright registration takes 1 month

Global Innovation Index (GII) and World Intellectual Property Office (WIPO)

• The Global Innovation Index (GII) ranks the innovation capabilities of world economies
• The World Intellectual Property Office (WIPO) is an international organization that promotes the use and protection of IP

Intellectual Property (IP)

• IP refers to the fruits of human creativity and invention, such as inventions, literary, and artistic works
• IP creates rights, which are considered property and can be owned, recognized, sold, rented, stolen, and protected

Types of Intellectual Property

• Patent
• Utility Model
• Industrial Design
• Trademark
• Copyright
• Trade Secrets
• Geographical Indicators

Patent

• A patent is an exclusive right granted by the state for an invention that is new, involves inventive steps, and has industrial applications
• A patent gives the owner the right to exclude others from making, using, or selling their invention during its registered year

Invention and Innovation

• An invention is a technical solution to a problem in any field of human activity
• Innovation is the transition of an invention to a marketable product

Patentable Invention

• A patentable invention is one that is novel and contains inventive steps
• Inventive steps have an unexpected or surprising result, are not obvious, and overcome technical problems

Utility Model

• A utility model is a design to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patent application
• Utility models have 7 years of protection from the filing date and require renewal

Industrial Design

• An industrial design is more concerned with the aesthetics and appearance of an invention
• Industrial designs are non-functional, protected for 5 years from the filing date, and can be renewed for two consecutive periods of five years each

Copyright

• Copyright extends legal protection to the creators of original works
• Protection starts when the work is created and covers literary, musical, dramatic, or any kind of art
• Copyright lasts for the life of the individual plus 70 years

Trademark

• A trademark is any visible sign distinguishing goods or services of an enterprise
• Trademarks are tools that help the public remember the quality of goods and services
• Trademarks can be words, symbols, phrases, signs, or logos, and are valid for 10 years from registration, renewable every 10 years

This quiz covers intellectual property laws in the Philippines, including the Intellectual Property Code and the Philippine Technology Transfer Act of 2009. It also discusses the registering procedures for patents, utility models, and copyrights in the country.