Understanding Trademarks

Trademarks

• A mark is any visible sign that can distinguish goods or services of one company from another, including a stamped or marked container.
• Trademarks include distinctive words, names, symbols, emblems, signs, or combinations used by a manufacturer or merchant to identify their goods.
• Trademarks can be words, symbols/devices, or any combination of these.
• Trademarks are used to indicate the origin or ownership of articles, guarantee their quality, and advertise them.
• Trademarks serve to distinguish products from different manufacturers, indicate the source of goods, guarantee a certain quality, and advertise the products.
• A well-chosen trademark is a valuable business asset, with some brands like Coca-Cola or IBM exceeding $50 billion.
• Consumers value trademarks for their reputation, image, and qualities, leading them to pay more for recognized products.
• DLSL (De La Salle Lipa) owns and controls its marks commonly associated with it and is entitled to marks applied for and registered.
• The trademark ownership of De La Salle Brothers Inc. (DLSBI) is acknowledged and their agreement on trademark ownership is honored.
• The owner of a registered mark has the exclusive right to use the mark for their own goods/services and prevent others from using identical or similar signs that could cause confusion.
• Trademark owners have protection in product and market areas aligned with the normal potential expansion of their business.

Trade Names

• Trade names that are against public order or morals, or that could deceive the public about the nature of the enterprise, cannot be used.
• Third parties cannot use a trade name in a way that is likely to mislead the public.
• Even without registration at IPOPHL or WIPO, tradenames are protected.
• The name "De La Salle Lipa" is an element of the DLSL Seal and is thus protected.
• The use of DLSL marks should not be discriminatory or violate the institution's anti-discrimination policies.
• Using DLSL marks associated with DLSL requires approval and involves royalty payments for commercial purposes at a rate set by the Chief Finance Officer.
• Any individual, organization, or business that wants to receive a license for the DLSL name/or marks must be an accredited vendor of the Central Purchasing Department (CPD).
• If the general criteria accuracy, appropriateness, and fair share of economic value are met then authorized or accredited individuals, organizations, or businesses outside the institution may use DLSL Marks for sale of merchandise
• Royalty rates for merchandise with the marks must be satisfactory and all merchandise bearing the Marks are royalty-bearing at the rate established by the Vice President for Finance.

Trademark Infringement

• Using a reproduction or imitation of a registered mark or tradename without the owner's consent, that could cause confusion, is trademark infringement.
• Unauthorized use of a container with a registered trademark is considered infringement if it is likely to cause confusion.
• Lasallian Partners and students cannot use the DLSL name and trademark in ways inconsistent with its educational purposes or that may negatively impact DLSL's reputation.
• Lasallian Partners and students cannot use the DLSL name and trademark in association with any commercial activity that is not official DLSL business.

DLSL Trademark Policy Violations and Enforcement

• Illegal or unethical use of trademarks will be dealt with according to the administrative manual for Lasallian Partners and students.
• Serious trademark infringement may be subject to investigation and legal action.
• Any person, other than Lasallian Partners and Students, who breaches the Policy shall be dealt with under the terms and in accordance with the relevant provisions of IP Code of the Philippines.
• The NEXUS Innovation Labs and Intellectual Property Office (NIPO) will address possible trademark infringements through reports, complaints, and observation.

Cease and Desist Notices

• If potential infringement is verified, cease and desist notices will be released by NIPO with a verbal notice serving as an initial warning to stop using DLSL marks, and a written notice if the party does not comply with the oral notice.

Legal Action

• NIPO, through the school's lawyer, can take legal action against an infringing party if they do not comply with the cease and desist order, in accordance with the IP Code of the Philippines.

Copyright

• Copyright is the legal term used to describe the rights that creators have in their literary, artistic and scientific works
• Examples include literature, drama, music, art, imagery, graphic design, sculpture, architecture, choreography, pantomime, movies and films, and audio recordings.
• A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
• A trade secret is a secret not generally known among or readily accessible to persons within a certain industry.
• Industrial design rights cover those elements of a product that are aesthetic or ornamental - the way it looks and feels.

Patents

• Any technical solution to a problem in any field of human activity must be new, involves inventive step and is industrially applicable.

Patent Eligibility Requirements

• Novelty - not previously published or disclosed anywhere
• Inventive step - not obvious to a person skilled in the art
• Industrial applicability - practical use and benefit

Geographical Indications

• Geographical indications are signs used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

Intellectual Property

• Intellectual property (IP) refers to creations of the mind - everything from works of art to inventions, computer programs to trademarks and other commercial signs.
• IP matters because it gives inventors, artists, scientists and businesses a chance to make a fair return on their investment, and it protected in law which enable people to earn recognition or financial benefit from what they invent or create.

Intellectual Property Rights

• The rights given to persons over the creations of their minds usually give the creator an exclusive right over the use of his/her creation for a certain period of time
• Industrial property are protected primarily to stimulate innovation, design and the creation of technology.
• Distinctive signs, which distinguish the goods or services of one undertaking from those of other undertakings or which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin.
• Copyright and related rights describe the rights that creators have over their literary and artistic works.

Protected IP

• Protected in law which enable people to earn recognition or financial benefit from what they invent or create
• Key driver for innovation and creativity
• Every institution holds intellectual property of varying degrees of importance to the fulfillment of its mission
• Can be a creative way to build connection bubble.
• The very key to innovation are IDEAS. New ideas help in improving the present situations as per the future needs or requirements. Invention Conception usually take place on a regular course work of student for CAPSTONE, or thesis.

Invention vs Innovation

• Invention: A technical solution to a problem that is new, inventive and industrially applicable.
• Innovation: Successful entry of a product into a particular market.

Disclosure

• All individuals subject to the IP Policy have a duty to communicate in writing and in a timely manner, all creations of IP in which DLSL has or may have an ownership interest.
• The act of reporting a creation of Intellectual Property as required under IP policy.

Prior Art Searches

• A prior art search refers to an organized review of prior art materials available from public source (WIPO)

Patent Eligibility Requirements

• Novelty
• Inventive step
• Industrial applicability

Patent search types

• Collection / state-of-the-art
• Novelty / patentability / prior art search
• Competitive / technical intelligence
• Clearance / right-to-use / freedom-to-operate
• Validity / invalidity

Purpose of Prior Art Search

• To determine whether you can go ahead with your Invention idea
• To determine whether any identical/similar prior arts already exist
• To understand whether there is any need for a new Invention in a particular field
• To prevent infringement actions
• Closest prior art have a known combination of features that provides the strongest basis for an obviousness objection.

Who Owns an Invention?

• The ownership of Intellectual Property depends on the creator's responsibilities to DLSL and the extent of his/her use of DLSL facilities and resources.

Steps in Prior Art Search

• STEP 1: Brainstorm terms to describe invention
• STEP 2: Create a search strategy
• Set of search queries/instructions created to capture the essence of the innovation's concept that can be understood by the system

Ownership for Student Works

• In general, the student owns the copyright of works created in the course of study at the Institution such as class project, thesis, approved student competition, and non-curricular activity using normal DLSL facilities and resources such as those generally available to all other students as part of enrollment with the Institution
• Except:
• work provided with specific fund allocation by DLSL;
• work done using substantial DLSL facilities and resources;
• work commissioned by DLSL that is arising from participation by the student in institutional project and the student is required to enter into an agreement with the DLSL
• work in collaboration with a Lasallian Partner covered by a co-authorship agreement; and, work arising from sponsored-supported works unless covered by a distinct agreement on ownership.

Patent Protection

• Patent protection generally begins with the filing of a patent application with the Intellectual Property Office of the Philippines (IPOPHL) and, when appropriate, foreign patent offices.
• Once a patent application has been filed, it will require several years to obtain an issued patent.
• Creators must work with IPTTO and patent counsel throughout the process in drafting the patent applications and responding to IPOPHL and patent offices in other countries in which the patents are filed.
• A grace period or non-prejudicial disclosure is available to creators who have already disclosed or published inventions in a journal, demonstrate, sell, or discuss inventions in public.
• A patent application shall be filed within one (1) year from the date of disclosure or publication.