Podcast
Questions and Answers
The ______ system relates to rights and obligations, as well as privileges and incentives.
The ______ system relates to rights and obligations, as well as privileges and incentives.
intellectual property
IP rights refer to creations of the ______: inventions; literary and artistic works; and symbols, names, and images used in commerce.
IP rights refer to creations of the ______: inventions; literary and artistic works; and symbols, names, and images used in commerce.
mind
The ______ mandates the protection of intellectual property rights, particularly when beneficial to the people.
The ______ mandates the protection of intellectual property rights, particularly when beneficial to the people.
Philippine Constitution
The IP system seeks to strike a balance between the interests of the ______ and the public through legal safeguards.
The IP system seeks to strike a balance between the interests of the ______ and the public through legal safeguards.
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The ______ is created to administer and implement the State policies declared under the law.
The ______ is created to administer and implement the State policies declared under the law.
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One function of the IPO is to examine applications for the registration of ______, geographic indication, and integrated circuits.
One function of the IPO is to examine applications for the registration of ______, geographic indication, and integrated circuits.
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The IPO publishes the granted patents, ______, utility models, and industrial designs in its own publication.
The IPO publishes the granted patents, ______, utility models, and industrial designs in its own publication.
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The IPO coordinates with other government agencies and the private sector to formulate plans and policies for strengthening the protection of ______ in the country.
The IPO coordinates with other government agencies and the private sector to formulate plans and policies for strengthening the protection of ______ in the country.
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The ______ shall have custody of all records, books, drawings, specifications, documents, and other papers and things relating to intellectual property rights applications filed with the Office.
The ______ shall have custody of all records, books, drawings, specifications, documents, and other papers and things relating to intellectual property rights applications filed with the Office.
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The Bureau of ______ deals with applications for an invention patent.
The Bureau of ______ deals with applications for an invention patent.
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A patent is an exclusive right that allows the ______ to exclude others from making, using, or selling the product of his invention during the life of the patent.
A patent is an exclusive right that allows the ______ to exclude others from making, using, or selling the product of his invention during the life of the patent.
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The Bureau of ______ deals with applications for registration of a word, a group of words, sign, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others.
The Bureau of ______ deals with applications for registration of a word, a group of words, sign, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others.
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The Bureau of Legal Affairs (BLA), pursuant to Sec. 10 of Republic Act 8293, also known as the ______ Code of the Philippines (IP Code), as amended, has the administrative jurisdiction to:
The Bureau of Legal Affairs (BLA), pursuant to Sec. 10 of Republic Act 8293, also known as the ______ Code of the Philippines (IP Code), as amended, has the administrative jurisdiction to:
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The Director has the power to hold and punish for ______ all those who disregard orders or writs issued in the course of the proceedings and after hearing impose administrative penalties.
The Director has the power to hold and punish for ______ all those who disregard orders or writs issued in the course of the proceedings and after hearing impose administrative penalties.
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The issuance of a ______ order which shall specify the acts that the respondent shall cease and desist from and shall require him to submit a compliance report within a reasonable time which shall be fixed in the order;
The issuance of a ______ order which shall specify the acts that the respondent shall cease and desist from and shall require him to submit a compliance report within a reasonable time which shall be fixed in the order;
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Generally, the ______ of the work holds the copyright to it.
Generally, the ______ of the work holds the copyright to it.
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The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a ______ to guarantee compliance of his undertaking;
The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a ______ to guarantee compliance of his undertaking;
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In the case of a work created during employment, the ______ owns the copyright.
In the case of a work created during employment, the ______ owns the copyright.
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Intellectual properties come in three categories. They may be (1) ______; (2) patent; or (3) trademark.
Intellectual properties come in three categories. They may be (1) ______; (2) patent; or (3) trademark.
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They are protected under the laws of the Philippines which is Republic Act No. 8293, otherwise known as the ______ Code of the Philippines.
They are protected under the laws of the Philippines which is Republic Act No. 8293, otherwise known as the ______ Code of the Philippines.
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Copyright protects both ______ and derivative works.
Copyright protects both ______ and derivative works.
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The two types of rights covered under copyright are ______ and moral rights.
The two types of rights covered under copyright are ______ and moral rights.
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In addition thereto, the Philippines adheres to the Paris Convention for the Protection of ______ Rights and the Agreement of Trade-Related Aspects of Intellectual Property Rights also known as the TRIPS Agreement.
In addition thereto, the Philippines adheres to the Paris Convention for the Protection of ______ Rights and the Agreement of Trade-Related Aspects of Intellectual Property Rights also known as the TRIPS Agreement.
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The right of ______ allows the author to control who reproduces their work.
The right of ______ allows the author to control who reproduces their work.
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Other types of intellectual property (although no longer covered by our discussions) are:
(4) ______ - An industrial design constitutes the ornamental or aesthetic aspect of an article.
Other types of intellectual property (although no longer covered by our discussions) are: (4) ______ - An industrial design constitutes the ornamental or aesthetic aspect of an article.
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A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as ______, lines or color.
A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as ______, lines or color.
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Persons or entities other than the author who contribute to the work's public availability are granted ______ rights.
Persons or entities other than the author who contribute to the work's public availability are granted ______ rights.
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The ______ of Legal Affairs, after trial, may impose the following administrative penalties:
The ______ of Legal Affairs, after trial, may impose the following administrative penalties:
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The right to prevent prejudicial distortion of the work is known as the right of ______.
The right to prevent prejudicial distortion of the work is known as the right of ______.
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The acceptance of a voluntary assurance of compliance or ______ as may be imposed.
The acceptance of a voluntary assurance of compliance or ______ as may be imposed.
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Fair use is a defense used in cases of ______ infringement.
Fair use is a defense used in cases of ______ infringement.
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One of the factors considered in fair use is the ______ and character of the use.
One of the factors considered in fair use is the ______ and character of the use.
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The effect of the use on the potential market is a key ______ in fair use.
The effect of the use on the potential market is a key ______ in fair use.
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The Philippines acceded to the WIPO Internet Treaties in ______.
The Philippines acceded to the WIPO Internet Treaties in ______.
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The WIPO Internet Treaties aimed to update and improve the protection afforded by the existing ______ treaties.
The WIPO Internet Treaties aimed to update and improve the protection afforded by the existing ______ treaties.
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The limitation of three copies when bringing legitimately acquired copies of copyrighted material into the Philippines has been ______.
The limitation of three copies when bringing legitimately acquired copies of copyrighted material into the Philippines has been ______.
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The WIPO Performances and Phonograms Treaty is one of the two WIPO ______ Treaties.
The WIPO Performances and Phonograms Treaty is one of the two WIPO ______ Treaties.
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The Philippine ______ Code addresses copyright law.
The Philippine ______ Code addresses copyright law.
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Geographical indications and appellations of origin are signs used on goods that have a specific ______ origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.
Geographical indications and appellations of origin are signs used on goods that have a specific ______ origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.
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The ______ Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.
The ______ Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.
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In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the ______ standards of protection to be provided by each Member-country.
In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the ______ standards of protection to be provided by each Member-country.
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The TRIPS Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris Convention for the Protection of ______ Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied with.
The TRIPS Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris Convention for the Protection of ______ Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied with.
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The second main set of provisions deals with ______ procedures and remedies for the enforcement of intellectual property rights.
The second main set of provisions deals with ______ procedures and remedies for the enforcement of intellectual property rights.
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The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's ______ settlement procedures.
The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's ______ settlement procedures.
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The obligations under the Agreement will apply equally to all Member countries, but developing countries will have a longer period to ______ them in.
The obligations under the Agreement will apply equally to all Member countries, but developing countries will have a longer period to ______ them in.
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______ are IP rights on confidential information which may be sold or licensed.
______ are IP rights on confidential information which may be sold or licensed.
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The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an ______ practice and a violation of the trade secret protection.
The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an ______ practice and a violation of the trade secret protection.
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Copyright is the legal protection extended to the owner of the rights in an original ______.
Copyright is the legal protection extended to the owner of the rights in an original ______.
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Among the literary and artistic works enumerated in the IP Code includes books and other writings, ______ works, films, paintings and other works, and computer programs.
Among the literary and artistic works enumerated in the IP Code includes books and other writings, ______ works, films, paintings and other works, and computer programs.
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Copyright laws grant authors, artists and other creators automatic protection for their literary and artistic creations, from the moment they ______ it.
Copyright laws grant authors, artists and other creators automatic protection for their literary and artistic creations, from the moment they ______ it.
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In the Philippines, copyright need not be registered to be protected. The legal protection is given the moment a work is ______.
In the Philippines, copyright need not be registered to be protected. The legal protection is given the moment a work is ______.
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Being an official public record, copyright registration easily establishes one’s ______ over a copyright.
Being an official public record, copyright registration easily establishes one’s ______ over a copyright.
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The owner of the copyright may file an application for issuance of certificate of registration and deposit of copies or reproduction of the works with the Copyright Division of the National Library and the Supreme Court Library. This may also be done through the Bureau of Copyright and Related Rights of the ______ Property Office.
The owner of the copyright may file an application for issuance of certificate of registration and deposit of copies or reproduction of the works with the Copyright Division of the National Library and the Supreme Court Library. This may also be done through the Bureau of Copyright and Related Rights of the ______ Property Office.
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The ______ of copyrighted works may be deposited with the IPO.
The ______ of copyrighted works may be deposited with the IPO.
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Copyright ______ occurs when there is a violation of the economic rights granted to the copyright owner.
Copyright ______ occurs when there is a violation of the economic rights granted to the copyright owner.
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Photocopying select pages of a reference book for personal use in school activity is considered ______ use.
Photocopying select pages of a reference book for personal use in school activity is considered ______ use.
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Jailbreaking is the act of removing ______ imposed by the manufacturer.
Jailbreaking is the act of removing ______ imposed by the manufacturer.
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Decompilation is the process of removing vendor-imposed limitations of tablets, mobile devices, and other ______ gadgets.
Decompilation is the process of removing vendor-imposed limitations of tablets, mobile devices, and other ______ gadgets.
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Mall owners are not automatically penalized for the ______ acts of their tenants.
Mall owners are not automatically penalized for the ______ acts of their tenants.
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______ owners must give notice to the tenant when they find out about an infringement activity.
______ owners must give notice to the tenant when they find out about an infringement activity.
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The IPO may visit establishments based on reports and ______ - this in itself is constitutional.
The IPO may visit establishments based on reports and ______ - this in itself is constitutional.
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Copyright for anonymous or pseudonymous works lasts for fifty (50) years from the date of ______.
Copyright for anonymous or pseudonymous works lasts for fifty (50) years from the date of ______.
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If the IPO intends to perform a search and seizure, it must comply with constitutional requirements, such as having a ______ warrant.
If the IPO intends to perform a search and seizure, it must comply with constitutional requirements, such as having a ______ warrant.
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In the case of works of applied art, protection lasts for a period of twenty-five (25) years from the date it was ______.
In the case of works of applied art, protection lasts for a period of twenty-five (25) years from the date it was ______.
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Copyright protection lasts during the life of the author and for fifty (50) years after his ______
Copyright protection lasts during the life of the author and for fifty (50) years after his ______
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Sound recordings have rights that expire after fifty (50) years from the end of the year in which the ______ took place.
Sound recordings have rights that expire after fifty (50) years from the end of the year in which the ______ took place.
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In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his ______.
In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his ______.
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Broadcasts are protected for a term of twenty (20) years from the date the ______ took place.
Broadcasts are protected for a term of twenty (20) years from the date the ______ took place.
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For unpublished photographic works, the protection lasts fifty (50) years from the ______ of the work.
For unpublished photographic works, the protection lasts fifty (50) years from the ______ of the work.
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The IPO publishes the granted patents, trademarks, utility models, and industrial designs in its own ______.
The IPO publishes the granted patents, trademarks, utility models, and industrial designs in its own ______.
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Flashcards
Intellectual Property (IP)
Intellectual Property (IP)
Creations of the mind: inventions, literary/artistic works, and symbols used in commerce.
IP Rights
IP Rights
Legal rights protecting creators' interests from unauthorized use.
Universal Declaration of Human Rights
Universal Declaration of Human Rights
Document stating IP rights as human rights related to authorship.
Philippine Constitution (1987)
Philippine Constitution (1987)
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Intellectual Property Office (IPO)
Intellectual Property Office (IPO)
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Functions of IPO
Functions of IPO
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Examine applications
Examine applications
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Promote technology transfer
Promote technology transfer
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Anonymous work copyright duration
Anonymous work copyright duration
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Applied art copyright duration
Applied art copyright duration
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Photographic works copyright duration
Photographic works copyright duration
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Sound recordings copyright duration
Sound recordings copyright duration
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Broadcast copyright duration
Broadcast copyright duration
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Copyright Ownership
Copyright Ownership
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Employee Creations
Employee Creations
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Commissioned Work
Commissioned Work
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Joint Authorship
Joint Authorship
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Original Works
Original Works
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Derivative Works
Derivative Works
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Economic Rights
Economic Rights
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Moral Rights
Moral Rights
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Related Rights
Related Rights
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Limitations to Copyright
Limitations to Copyright
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Fair Use
Fair Use
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Four Factors of Fair Use
Four Factors of Fair Use
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Legal Imports
Legal Imports
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Internet Copyright Law
Internet Copyright Law
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WIPO Internet Treaties
WIPO Internet Treaties
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Geographical Indications
Geographical Indications
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Trade Secrets
Trade Secrets
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TRIPS Agreement
TRIPS Agreement
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WIPO
WIPO
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Berne Convention
Berne Convention
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Paris Convention
Paris Convention
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Copyright
Copyright
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Copyright Registration
Copyright Registration
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Ownership of Copyright
Ownership of Copyright
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Intellectual Property
Intellectual Property
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Bureau of Patent
Bureau of Patent
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Infringement
Infringement
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Patent
Patent
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Minimum Standards Agreement
Minimum Standards Agreement
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Bureau of Trademark
Bureau of Trademark
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Dispute Settlement
Dispute Settlement
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Inter Partes cases
Inter Partes cases
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IPR Enforcement
IPR Enforcement
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Administrative penalties
Administrative penalties
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Cease and Desist Order
Cease and Desist Order
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Trademarks
Trademarks
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Republic Act 8293
Republic Act 8293
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Industrial Designs
Industrial Designs
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Bureau of Legal Affairs (BLA)
Bureau of Legal Affairs (BLA)
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Compulsory Licensing
Compulsory Licensing
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Opposition
Opposition
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Copyrighted Works
Copyrighted Works
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Types of Copyrighted Works
Types of Copyrighted Works
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Copyright Infringement
Copyright Infringement
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Length of Copyright Protection
Length of Copyright Protection
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Joint Authorship Copyright
Joint Authorship Copyright
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Jailbreaking Devices
Jailbreaking Devices
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Mall Owner Liability
Mall Owner Liability
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IPO Search Authority
IPO Search Authority
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Personal Use Copies
Personal Use Copies
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Consequences of Infringement
Consequences of Infringement
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Decompilation
Decompilation
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Knowledge of Infringement
Knowledge of Infringement
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IP Ownership Rights
IP Ownership Rights
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Study Notes
Intellectual Property Office Functions
- Intellectual property (IP) rights are rooted in creations of the mind (inventions, literary/artistic works, commercial symbols).
- Philippine Constitution mandates IP protection, balancing creators' interests with public benefit.
- IP is a tool for economic and socio-cultural development.
- The Intellectual Property Office (IPO) administers and implements State IP policies.
IPO Functions
- Examines applications for patents (inventions, utility models, industrial designs).
- Examines applications for trademarks, geographic indications, integrated circuits.
- Registers technology transfer arrangements, settling disputes and promoting transfer.
- Promotes patent information for technology development.
- Publishes issued patents, trademarks, and technology transfer information.
- Administratively adjudicates intellectual property disputes.
- Coordinates with government and private sector for IP protection.
- Holds records related to IP applications.
Bureau of Patent
- Deals with invention patent applications.
- A patent grants exclusive rights to an inventor over a new, inventive, and industrially applicable product or process.
- Patent owners can exclude others from making, using, or selling their invention.
- Owners can license or sell invention rights.
Bureau of Trademark
- Handles trademark applications (words, symbols, logos).
- Trademarks differentiate goods/services from different entities.
Bureau of Legal Affairs (BLA)
- Administers intellectual property disputes, including inter partes cases (e.g., opposition to mark registration, patent/utility model cancellation).
- Exercises jurisdiction in administrative complaints for intellectual property violations (>= P200,000).
- Handles provisional remedies (temporary restraining orders, etc.).
- Imposes administrative penalties for various IP violations (infringement, unfair competition).
Penalties
- Cease-and-desist orders with compliance reports.
- Voluntary assurances (compliance, refraining from infringing acts, recalling defective goods).
- Periodic compliance reports, bonds.
- Condemnation/seizure of infringing products (sale, donation, export, etc.).
- Forfeiture of paraphernalia used for infringement.
- Fines (P5,000 – P150,000, plus P1,000 per day for continuing violations).
- Cancellation/suspension of permits/registrations.
- Withholding of permits.
- Assessment of damages.
- Censure.
- Other penalties.
Categories of Intellectual Property
- Copyright
- Patents
- Trademarks
- Industrial Designs: ornamental aspects of articles (3D shape, 2D patterns).
- Geographical Indications: signs for goods with specific origins and qualities.
- Trade Secrets: confidential information protected from unauthorized use.
TRIPS Agreement
- Most comprehensive multilateral intellectual property agreement.
- Sets minimum standards of protection for member countries.
- Incorporates Paris/Berne conventions' substantive provisions.
- Adds obligations where previous conventions were silent.
- Covers procedures for enforcing intellectual property rights, dispute settlement.
- Allows member countries to provide broader protection.
Copyright
- Legal protection for original works (literary, scientific, artistic).
- Includes books, music, films, computer programs.
- Automatic protection from creation.
- Registration benefits: public record, facilitates transactions.
- Copyright holders: creator, employer, commission subject to stipulations.
- Joint authorship rules apply but individual rights recognized when possible.
Copyright Rights
- Economic rights: reproduction, transformation, distribution, rental, display, performance, public communication.
- Moral rights: attribution, alteration restriction, integrity, right to restrain use of name.
Copyright Related Rights
- Owners of related rights; performers, sound/recording & broadcasting companies.
Copyright Limitations (Fair Use)
- Copyright protection is not absolute.
- Statutory fair uses: commenting, criticizing, parodying, personal or educational use.
- Four factors for fair use consideration: use's purpose/character, work's nature, amount taken, effect on market.
Copyright Term
- Copyright lasts during the author's life + 50 years.
- Joint authorship: last surviving author's life + 50 years.
- Anonymous/pseudonymous works: 50 years from publication or 50 years after creation.
- Applied art: 25 years from creation.
- Photographic/audiovisual works: 50 years from publication or 50 years from creation.
- Sound recordings: 50 years from performance end.
- Broadcasts: 20 years from broadcast date.
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Description
This quiz will test your knowledge on the intellectual property rights system, including its functions, administration, and the balance it aims to achieve between creators and the public. Understand the key terminologies and the role of the Intellectual Property Office in safeguarding these rights.
