Understanding Intellectual Property Rights

Introduction to Intellectual Property (IP)

• Intellectual Property (IP) encompasses creations of the human mind with economic or cultural value, protectable by law.
• IP includes inventions, literary and artistic works, and symbols, names, and images used in commerce.
• The goal of Intellectual Property Rights (IPR) is to protect creators and inventors, encouraging innovation and economic growth.
• IPR grants legal protections to IP owners, allowing them to control and profit from their creations, preventing unauthorized use.

Types of Intellectual Property Rights

• According to the Intellectual Property Code of the Philippines (RA 82G3), IPR includes copyright and related rights.
• Copyright protects original works like books, songs, and computer programs, covering expressions of ideas.
• Trademarks and service marks protect brand names, logos, and symbols used to identify goods or services like Nike's "Swoosh" and Coca-Cola's brand name.
• Geographic Indications (GI) protect names indicating a product's origin and quality, exemplified by "Champagne".
• Industrial designs protect a product's visual appearance, such as the shape of a Coca-Cola bottle.
• Patents grant exclusive rights to inventors for new products, processes, or technical solutions, such as the COVID-19 vaccines.
• Layout-designs of Integrated Circuits protect the design of microchips used in computers and electronics.
• Trade Secrets protect confidential business information providing a competitive advantage, such as the recipe for Coca-Cola.

Key Characteristics and Importance of Intellectual Property Rights

• IP is a product of human creativity and innovation.
• Protection is granted for a specific period and in a specific territory.
• IP can be licensed, sold, or used for profit.
• IPR can be enforced through legal action if violated.
• IP encourages innovation, protects investments, and provides a competitive advantage.
• It ensures quality products, prevents counterfeits, and encourages knowledge sharing.

Protecting Intellectual Property

• Copyright protects original creative works for the lifetime of the creator plus 50 years.
• Trademarks and service marks protect distinctive brand names, logos, and signs for 10 years, renewable indefinitely
• Patents grant exclusive rights to inventors for 20 years, non-renewable.
• Utility Models (Petty Patents) protect minor improvements in technology for 7 years, non-renewable.
• Industrial Designs protect aesthetic product features, renewable for up to 15 years.
• Trade Secrets protect confidential business information indefinitely, so long as secrecy is maintained.

Patents (Invention, Utility Model s Industrial Design)

• A patent is a government-granted right giving an inventor the exclusive right to make, use, sell, or distribute an invention for a certain period (20 years).
• For an invention to be patentable, it must meet three criteria: Novelty, Inventive Step, Industrial Applicability.
• Invention Patents cover new products, machines, or processes (valid for 20 years).
• Utility Models cover small technical improvements (valid for 7 years).
• Industrial Designs cover aesthetic designs (valid for 5-15 years).
• Non-Patentable Inventions: Scientific theories and mathematical methods, business methods, medical treatments s surgical methods, and aesthetic creations.

Trademarks s Service Marks

• A trademark is a unique name, symbol, or logo that identifies and distinguishes a brand.
• Trademarks protects brand identity and prevents consumer confusion.
• Trademarks boosts market value by increases brand recognition and business credibility.
• Traditional Marks: Words, logos, and symbols.
• Non-Traditional Marks: 3D shapes, colors, sounds, holograms, and motion marks.
• To register your trademark in the Philippines, register with IPOPHL (Intellectual Property Office of the Philippines).
• To register your trademark internationally, register through WIPO's Madrid System (covers 130+ countries).
• The duration of trademark protection lasts for 10 years, renewable indefinitely.

Copyright and Related Rights

• Copyright is a legal right that protects original creative works from being copied, reproduced, or distributed without permission.
• Copyright protects expressions, not ideas themselves.
• Copyright does not require registration.
• Copyright lasts for the lifetime of the creator plus 50 years.
• Original works are independently created by an author and show a minimum level of creativity.
• Derivative works are new creations based on existing works.
• Literary and Artistic works protected by Copyright: Books and Writings, Musical Works, Dramatic Works, Choreographic Works, Paintings and Drawings, Sculptures and Architecture, Films and Audiovisual Works, Photographs, Computer Programs and Software
• Related rights (Neighboring Rights) such as performers, producers, and broadcasters also get legal protection
• A copyright owner has two main types of rights: Economic and Moral.

Rights of a Copyright Owner

• Economic rights allow the creator to earn money from their work, including the ability to reproduce, distribute, publicly perform, display the work, create derivative works, license or sell the copyright.
• Even if an author sells their copyright, they still have moral rights, which include: Right to Attribution, Right to Object to Modifications, Right to Withdraw or Alter the Work
• To ensure global protection and enforcement of intellectual property rights, several international treaties and laws exist.
• Intellectual Property Code of the Philippines (RA 82G3) establish IP protection in the Philippines, Covers copyrights, patents, trademarks, and trade secrets.
• IPOPHL (Intellectual Property Office of the Philippines), oversees IP registration.
• The Berne Convention for the Protection of Literary and Artistic Works (1886), establishes copyright protection in all 180+ member countries, which requires no registration for copyright to be valid.
• Universal Copyright Convention (UCC, 1G52) requires copyright notice (©) on works to be protected.
• World Intellectual Property Organization Copyright Treaty (WCT, 1GG6), Extends protection to computer programs, software, and digital content.
• The Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations (1G61), Protects Performers, Music Producers, and Broadcasters.
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS, 1GG4), Requires all member countries to follow minimum standards for copyright, patents, and trademarks, Allows penalties for copyright violations.
• IPOPHL (Intellectual Property Office of the Philippines) is a government agency responsible for IP protection and enforcement, which Handled copyright, patent, and trademark applications.
• National Committee on Intellectual Property Rights (NCIPR) combats fake products, counterfeit brands, and illegal content.
• The Bureau of Copyright and Related Rights (BCRR), handles copyright disputes, licensing, and registrations in the Philippines.

Laws and Treaties on Intellectual Property

• The 1G87 Philippine Constitution prioritizes research, development, invention, and innovation. Section 11 states that Congress may provide incentives, tax deductions, and grants to scientists and researchers.
• Republic Act No. 82G3 is the main law governing intellectual property in the country, established Intellectual Property Office of the Philippines (IPOPHL and defines patentable and non-patentable inventions.
• Republic Act No. 10372 expanded copyright protection by criminalizing illegal downloading, reproduction, and distribution of copyrighted materials.
• Republic Act No. G150 protects layout designs of semiconductor chips.
• Republic Act No. G168 protects new plant varieties developed by breeders, which ensures food security and agricultural development granted a Certificate of Plant Variety Protection if the variety is new.
• Republic Act No. 8371 protects the cultural and intellectual rights of IPs/ICCs and prevents unauthorized use of indigenous designs, symbols, and resources.
• The Berne Convention for the Protection of Literary and Artistic Works (1886), protects translation, adaptation, and public performance.
• The Paris Convention for the Protection of Industrial Property (1883) covers patents, trademarks, industrial designs, and trade names.
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS, 1GG4),enforces global IP standards through the World Trade Organization (WTO), requires minimum protection for patents, copyrights, and trademarks, allows flexibility for developing countries.
• The Patent Cooperation Treaty (PCT, 1G70), allows inventors to file one international patent application simplification global patent protection.
• Budapest Treaty (1G77) ensures that patents for biotechnological inventions recognize microorganism deposits.
• Rome Convention (1G61) protects actors, musicians, and producers from unauthorized recording and distribution of performances.
• World Intellectual Property Organization (WIPO) Convention (1G67), establishes WIPO, the global organization managing IP laws and treaties.
• International Union for the Protection of New Varieties of Plants (UPOV, 1G68), grants plant breeders' rights internationally.
• The Madrid System for International Trademark Registration allows businesses to register a trademark in multiple countries through one application.
• The Innovation and Technology Support Office (ITSO) was created by IPOPHL to strengthen IP awareness and patent applications.

IP Infringement, Issues, and Concerns

• Intellectual Property (IP) infringement occurs when someone uses, copies, distributes, or sells an intellectual property without permission from the rightful owner
• Types of Intellectual Property Infringement: Copyright Infringement, Patent Infringement, Trademark Infringement, Trade Secret Infringement and Industrial Design Infringement
• Copyright infringement includes: Copying or distributing movies, books, songs, or software without permission.
• Some uses of copyrighted material may not be considered infringement under the Fair Use Doctrine, such as: Educational purposes, Parody, News reporting
• A company producing a drug with the same formula as a patented medicine is an example of patent infringement.
• Trademark infringement: A local restaurant using the McDonald's logo or name without permission is an example of trademark of infringement.
• A local restaurant using the McDonald's logo or name without permission is an example of trademark infringement.
• An employee stealing a company's formula, is an example of Trade Secret Infringement.
• Industrial design infringement occurs when a smartphone company copies the look of another brand's phone
• The key takeaway is that Infringement is a legal issue while plagiarism is an ethical one.
• In cases of large-scale counterfeiting, authorities can file criminal cases and impose, Fines and imprisonment for repeat offenders.
• Patent owners can request customs authorities to seize and block counterfeit goods at the border.