Intellectual Property Overview

Types of Intellectual Property

• Intellectual Property (IP) refers to the creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce.
• The goal of IP is to strike a balance between the interests of innovators and the wider public interest.

Copyright

• Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.
• There are two types of rights under copyright: Economic Rights and Moral Rights.
• Economic Rights allow the rights owner to derive financial reward from the use of their works by others.
• Moral Rights protect the non-economic interests of the author, covering reputation and integrity of the creator.
• Works covered by copyright include:
  • Literary works (novels, poems, plays, books, newspaper)
  • Artistic works (paintings, drawings, photographs, sculpture)
  • Architecture
  • Musical composition
  • Choreography
  • Films
  • Computer programs
  • Databases
  • Advertisements
  • Maps
  • Technical drawings
• Works not covered by copyright include:
  • Ideas
  • Facts
  • Recipes
  • Works lacking originality
  • Names
  • Titles or short phrases

Patents

• A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem.
• To get a patent, technical information about the invention must be disclosed to the public in a patent application.
• Patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.
• The exclusive rights are only applicable in the country or region in which a patent has been filed and granted.
• The protection is granted for a limited period, generally 20 years from the filing date of the application.

Trademarks

• A trademark is a symbol, word, or words legally registered or established by use as representing a company or product.
• Examples of trademarks include:
  • Name
  • Logo
  • Symbol
  • Slogan
  • Shape
  • Color
• Trademark symbols, such as ™, represent unregistered trademarks and provide public notice, brand recognition, consumer recognition, and competitor recognition.
• Trademark symbols tell competitors that a brand's visuals are protected and not to imitate or copy them.

Intellectual Property Organizations

• The World Intellectual Property Organization (WIPO) is a UN specialized agency that promotes the protection of intellectual property.
• The Republic Act No. 8293 is an act that prescribes the Intellectual Property Code and establishes the Intellectual Property Office in the Philippines.