Intellectual Property Rights

• Intellectual property (IP) is legally protected against unauthorized use.
• IP has become a driving force in the high-tech economy.

Areas of discussion

• Patents
• Copyrights
• Trademarks
• Trade secrets

Categories of IP

• Copyright
• Patent
• Trademark
• Industrial design
• These are safeguarded by Republic Act No. 8293, known as the Intellectual Property Code of the Philippines

International Agreements

• Paris Convention for the Protection of Industrial Property Rights
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)
• Republic Act No. 10372 amended RA No. 8293 on February 28, 2013

Copyright

• Legal protection is provided to the owner of rights in an original work.
• Original work encompasses literary, scientific, and artistic productions.

Copyright examples

• Books
• Writings
• Musical works
• Films
• Paintings
• Computer programs
• Copyright protection is automatically granted to authors and artists upon creation.

Patent

• A patent is granted by the government to inventors/applicants for disclosing an invention.
• It is a legal right to exclusively use the invention for the patent's term.
• A Patent lasts for a period of 20 years from the date of filing in the Philippines, without renewal.

Trademark

• A trademark includes words, signs, symbols, or logos that identify and differentiate goods/services.
• It must be visible and capable of distinguishing goods/services.

Industrial Design

• An industrial design constitutes an article's ornamental aspect.
• It may include 3D features like shape or 2D features like patterns, lines, or color.

Intellectual Property System

• Concerns rights, obligations, privileges, and incentives related to IP creation and protection.
• IP refers to creations of the mind such as inventions, literary and artistic works, symbols, names and images used in commerce.
• IP rights are basic human rights including the right to authorship of scientific, literary, or artistic productions.
• The Philippine Constitution mandates the protection of IP, particularly when beneficial to the people.
• The system seeks to strike a balance between creators/innovators' interests and the public good.

Functions of the Intellectual Property Office (IPO)

• Administers and implements State policies under the law.

IPO Functions

• Examines patent applications for inventions and registers utility models/industrial designs
• Examines applications for marks, geographic indications, integrated circuits
• Registers technology transfer arrangements and resolves technology transfer payment disputes
• Develops and implements strategies to promote and facilitate technology transfer
• Promotes use of patent information for technology development
• Publishes patents, marks, models/designs, and registered technology transfer arrangements
• Adjudicates contested proceedings related to intellectual property rights
• Coordinates with government agencies and the private sector

Custody of Records

• The Office maintains records of intellectual property rights applications.

Bureau of Patent

• Deals with invention patent applications.
• Grants exclusive rights to inventors over technical solutions.
• A patent excludes others from making, using, or selling the invention.
• Patent owners may license or sell invention rights.

Bureau of Trademark

• Deals with applications for the registration of symbols etc.
• Registration identifies and differentiates the source of goods or services

Bureau of Legal Affairs (BLA) Jurisdiction

• Hears and decides Inter Partes Cases (IPC) which includes:
  • Opposition to registration of applications for marks
  • Cancellation of trademarks
  • Cancellation of patents, utility models, and industrial designs
  • Petitions for compulsory licensing of patents
• Exercises original jurisdiction in administrative complaints
  • Intellectual property rights violations (IPV)
  • Damages claimed are not less than P200,000
• The DIRECTOR has the power to hold and punish contempt
  • This is for those who disregard orders or writs issued in the course of the proceedings
• Administrative penalties include
  • Infringement of trademark
  • Unfair competition
  • Infringement of patents and designs
  • Infringement of copyright
  • False designation of origin

Penalties Issued by the Director of the BLA

• Cease and desist order (compliance report submission required)
• Voluntary assurance of compliance
• Assurance to comply with intellectual property law voluntarily
• Assurance to refrain from unlawful acts
• Assurance to recall, replace, repair, or refund defective goods
• Assurance to reimburse expenses
• Requirement to submit periodic compliance reports and file bond
• Condemnation or seizure of products, disposal as deemed appropriate
• Forfeiture of paraphernalia, real and personal properties used in the offense
• Administrative fines between P5,000 and P150,000, with additional daily fines up to P1,000
• Cancellation/suspension of permits, licenses, or registrations
• Withholding of permits, licenses, or registrations
• Assessment of damages
• Censure
• Analogous penalties/sanctions

Industrial Design

• An industrial constitutes the ornamental aspect of an article.
• A design include 3D features and 2D features such as colors.

Geographical Indications

• Signs used on goods with a specific geographical origin.
• Possess qualities/characteristics attributable to that place of origin
• Often includes the place of origin name.

Trade Secrets

• IP rights on confidential information that may be sold or licensed
• Unauthorized acquisition, use, or disclosure is considered unfair practice

TRIPS Agreement

• The TRIPS Agreement has been in effect since January 1, 1995
• It sets the minimum standards for IP protection.
• It defines the subject matter, conferrable rights, exceptions, and duration of protection.
• Compliance with the Paris and Berne Conventions is required.

TRIPS Agreement Obligations

• Enforce domestic procedures/remedies for IP rights
• Follow general principles for all IPR enforcement
• Civil, administrative, provisional, border measures, and criminal procedures are included
• WTO dispute settlement procedures apply when disputes involve the TRIPS obligations
• The agreement provides basic principles like national/most-favored-nation treatment.

TRIPS Implementation

• The TRIPS allows members to determine the appropriate method of implementing the provisions.

Copyright Definition

• Copyright is a legal protection for the rights in an original work.
• Original work refers to literary, scientific, and artistic domain productions.

Examples of Copyrighted works

• Books
• Writings
• Musical works
• Films
• Paintings
• Computer programs
• Copyright laws provide automatic protection upon creation.

Copyright Protection Commencement

• Legal protection is given the moment a work is created without the need to be registered.

Copyright Registration

• It establishes ownership, facilitating ownership and transfer transactions such as sale, assignment, and licensing.
• Copyright registration proves copyright subsists, notifying the public.
• Application for registration and deposit of copies can be filed with:
  • the Copyright Division of the National Library
  • the Supreme Court Library
    • Bureau of Copyright and Related Rights (BCRR).
• Copyright registration remains essential to enjoy its protection

Ownership of Copyright

• Generally, the author of the work holds the rights to it but different rules may apply

Works created during employment

• Employee created the work using the resources of the company
• Work is commissioned

Multiple Involved Persons

• Belongs to audiovisual stakeholders
• The authors of music and scenario
• Director
• Adapters that are subject to stipulations.

Joint Effort

• The co-authors are the copyright holders and the case is in ownership unless the parts can be used separately

Copyright Protection Types

• Protects original and derivative works
• Encompasses literary, scientific, and artistic works

Derivative Works

• Works based upon one or more pre existing works
• Works include Translations and adaptations
• Include Collections of literary and artistic works

Rights covered under Copyright

• Economic- authors profit from his work by the Repriduction, first public and transformation
• Rights covered under Reproduction is rental and public performance of rental etc.
• Moral- rights that govern the authors connection to the work: integrity and restraint

Neighboring Rights

• Persons/entities contributing creative, technical, or organizational skills also get rights.
• Rights include:
  • Performers
  • Producers
  • Broadcasting organizations

Copyright Limitations

• Copyright protection does not give absolute control.
• Statutory fair uses allow some actions without consent.

Works Not Copyrighted

• Ideas
• Procedures
• Systems/Methods/Operations
• Concepts/Principles
• Data/News/Facts
• Official texts

Statutory Fair Use Definition

• Copying copyrighted materials for purposes like commenting, criticizing, or parodying.
• Used as a defense in copyright infringement cases.
• Four Factors of Fair Use.

Considering Fair Use

• The Four Factors of Fair Use, which include:
• The purpose and character of your use
• The nature of the copyrighted work
• The amount and substantiality of the portion taken
• The effect of the use upon the potential market

Law Allowance

• Singing favorite music at a family reunion without charge or borrowing quotes
• The quotes of writers, leaders, philosophers during speech.

Copyright Infringement Issues

• The amendments removed the three-copy limitation.
• Only importing pirated/infringed material is illegal.
• Can bring legally purchased copies subject to regulations
• subject to custom clearance