Intellectual Property Law PDF

INTELLECTUAL PROPERTY 1790 – 1883 - Patent protection was codified during this CHAPTER 1: THE CONCEPT OF IP period. Intellectual Property United Sta...

INTELLECTUAL PROPERTY 1790 – 1883 - Patent protection was codified during this CHAPTER 1: THE CONCEPT OF IP period. Intellectual Property United States (1790), France (1791) - Pertains to any original creation of human - adopted patent laws for the grant of a patent to intellect such as artistic, literary, technical, or all inventors scientific creation. - By IPOPHL: an asset that can be Union for the Protection of Industrial Property commercialized, licensed, franchised, and - AKA The Paris Convention increase the market value of business - March 20, 1883 - patent, industrial design, utility model 2 reasons why countries protect IP - To give statutory expression to the moral and Association Litteraire et Artistique economic rights of creators Internationale - To promote creativity - The Berne Convention - 1886 Intellectual Property Rights - protection for literary and artistic works - the legal rights given to the inventor or creator (copyright) to protect their invention Madrid Agreement on the International Traditional Knowledge Registration of Marks - knowledge that was shared with the world - Madrid Protocol without any recognition to the contributors - 1891 - numbers, mathematics, etc. - trademarks United International Bureau for the Protection HISTORY OF IP SYSTEM of Intellectual Property - AKA BIRPI Jews - Formed by the combination of Paris and Berne Hasagat Ge’vul Conventions - means “unfair encroachment” - 1893 - used to justify limited-term publisher (but not author) copyright in the 16th Century World Intellectual Property Organization (WIPO) The Talmud - created from BIRPI - contains prohibitions against certain mental - 1967 crimes, notably Geneivat da’at (mind theft), which is interpreted as theft of ideas. 1974 – WIPO joins the UN 1978 15th Century - the Patent Cooperation Treaty (PCT) Privileges - International Patent Systems begin operation - instruments by which the sovereign gives - IPOPHL (in the Philippines) special rights to individuals Republic of Venice - first to adopt a Statute for this form of privilege (Parte Veneziana of 1474) THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) Competition Law - the global forum for intellectual property - promote competition and increase market services, policy, information, and cooperation. access - 193 member states - having a mission to lead the development of a Anti-competitive (Too Much IP) balanced and effective international IP system - when IP is unduly extended to grant exclusivity that enables innovation and creativity for the over non-differentiating features. (battery benefit of all. charger, “food house”) Membership Too little IP - must be a member of the Paris Union or the - when efficient enforcement means are not Berne Union available or when genuinely differentiating - must be a member of the United Nations features cannot be protected, imitation follows. - Mango Bravo - invited by the WIPO General Assembly Human Rights Perspective AREAS OF CONFLICT - conflicts can arise when the exercise of IP rights potentially hinders or restricts certain Traditional Knowledge human rights or broad societal interests. - traditions, customs, and practices of certain - e.g. access to knowledge and cultural regions, religions, and communities that might participation, freedom of expression and have existed for a long time in any form. creativity, access to essential goods and - agricultural, scientific, technical, ecological, services medicinal knowledge - traditional knowledge that has ancient roots and is often oral is not protected by IP systems. (e.g. turmeric, ayahuasca) TK: Defensive Protection - a set of strategies to ensure that third parties do not gain illegitimate or unfounded IP rights over TK. - seeks to prevent the granting of patents based on misappropriation of TK. Joint Administrative Order No. 1, s. 2016 - protects the intellectual creations of the indigenous people - prevents misappropriation and encourage tradition-based creations and innovations - e.g. T’nalak Weaving from T’boli community of South Cotabato. TK: Positive Protection - seeks to grant exclusive rights on TK. - e.g. Hand-woven T’nalak fabrics are registrable and renewable every ten years. CHAPTER 2: LEGAL BASES OF INTELLECTUAL GOVERNMENT AGENCIES PROPERTY SYSTEM: RA 8293 Intellectual Property Office (IPO) Intellectual Property is divided into 2 - agency in charge of the implementation of the categories: intellectual property code. It is divided into 6 1. Industrial Property bureaus. - patent 1. Bureau of Patents - utility model 2. Bureau of Trademarks - industrial design 3. Bureau of Legal Affairs - geographic indication 4. Documentation, Information, and Technology - trademarks Transfer Bureau - trade secret 5. Management Information System and 2. Copyright Electronic Data Processing Bureau - literary works 6. Administrative, Financial and Personnel - artistic works Services Bureau INTELLECTUAL PROPERTY CODE (RA 8293) INTELLECTUAL PROPERTY IN THE - an act prescribing the intellectual property PHILIPPINES code and establishing the intellectual property office, providing its powers and functions, and 1987 for other purposes. - Executive Order No. 3 created the Bureau of - it shall protect and secure the exclusive rights Patents, Trademarks, and Technology Transfer of scientists, inventors, artists, and other gifted (BPTTT). citizens to their creations. June 6, 1997 RA 165 - Intellectual Property Code of the Ph (RA 8293) - regulating the issuance of Patents authored by Raul S. Roco was signed into law. RA 166 - BPTTT was abolished, IPOPHL was instituted. - registration and protection of Trademarks, Tradenames, and Service-marks 2001 - PH became a member of the WIPO and - A shift was made from “first-to-invent system” became a contracting party to the Patent to “first-to-file system” Cooperation Treaty. - Invention grants were increased from 17 years Intellectual Property is not absolute to 20 years from date of filling. - balance between owner and user - IP rights are subject to exceptions and - Utility Models grants were increased from 5 limitations years to 7 years. - IP protection generally expires - Under the present law, penalties of Intellectual Property is territorial infringement range from PHP 100,000 – PHP - registration with IPOPHL is only valid within the 300,000 and/or 6 months up to 3 years of Philippines imprisonment. - you may file in other countries through treaties we have acceded to - IP laws in various countries may differ from one another Intellectual Property is an asset UTILITY MODEL - can increase the market value of a business - a protection option, which is designed to - can be sold, assigned, transferred, protect innovations that are not sufficiently commercialized, licensed, franchised inventive to meet the inventive threshold - can be a security, collateral for loans (RA required for standard patents applications. 11057) - innovations/obvious improvements, “petty - can be a form of inheritance patents” - can provide recognition to the owner - something new and industrially applicable - 7 years of term of protection IP Owners have the right to exclude or include others from reproducing, selling, or using their INDUSTRIAL DESIGN work in the Philippines. - the ornamental or aesthetic aspect of an article. THE LAW ON PATENTS - the design may consist of three-dimensional features, such as the shape or surface of an PATENTS article, or of two-dimensional features, such as - an exclusive right granted for a product, patterns, lines, or color. process, or an improvement of a product or - something new process. - 5 years of terms of protection - new, inventive, useful - e.g. bottle of Coca-Cola - has a term of protection of 20 years. Patent - inventions Patentable Inventions UM – innovation / obvious improvements - any technical solution of a problem in any field ID - aesthetics of human activity which is new, involves an inventive step, and is industrially applicable THE LAW ON TRADEMARKS - can be a product, a process, or an improvement Mark - any visible sign capable of distinguishing the Non-patentable Inventions goods (trademark) or services (service mark) of - computer programs an enterprise and shall include a stamped or - plant varieties or animal breeds marked container of goods - contrary to public order, health, welfare, or Trade name morality - the name or designation identifying or distinguishing an enterprise (e.g. Golder Arches) Requirements for filing a Patent - 10 years protection - request for the grant of patent - description of the invention Trademark - drawings necessary for the understanding of - a tool use that differentiates goods and the invention services from each other. - one or more claims (features) - can be a word, a phrase, sign, symbol, logo, or a - abstract combination. - a Trademark can be protected through - No copyright shall subsist in any work of the registration Government of the Philippines Trademarks - branding Economic Rights - reproduce THE LAW ON COPYRIGHT - transform/adapt - collection of rights automatically vested to - distribute someone who creates an original work of - rent authorship, like a literary work, song, movie, or - display software. - perform in public - protection for literary and artistic works, - communicate with the public derivative works Moral Rights Literary and Artistic works - be attributed as the author - books, pamphlets, articles, other writings - make alterations - periodicals and newspapers - object to any distortion that could damage - lectures, sermons, addresses, dissertations for honor or reputation oral delivery - restrain use of his name for a work that he did - letters not create - dramatic or dramatico-musical compositions, choreographic works, entertainment in dumb Copyright Infringement shows - occurs when there is a violation of the - musical compositions, with or without words economic rights granted to the copyright owner - drawing, painting, architecture, sculpture, - selling or letting for hire, or by way of trade engraving, lithography, other works of art offering or exposing for sale or hire - original ornamental designs (overlapped to - distributing the article for the purpose of trade, industrial design) or for any other purpose to an extent that will - illustrations, maps, plans, sketches, charts, prejudice the rights of the copyright owner logos, 3D works related to geography, - trade exhibit of the article in public topography, architecture or science - drawings or plastic works - photographic works - audiovisual works and cinematographic works - pictorial illustrations and advertisements - computer programs - other literary, scholarly, scientific and artistic works Derivative Works - dramatizations, translations, adaptations, abridgments, arrangements, other alterations - collections of literary, scholarly or artistic works and compilations of data and other materials which are original by reason of the selection of their contents. - these works shall be protected as new works. - only the owner of the original copyright has the right to authorize someone to create a derivative work  Right to Withdraw Work: Prevent CHAPTER 3: THE LAW ON COPYRIGHT continued use under certain conditions. Right Against False Attribution: Prevent one's name from being used on another's Copyright work. - A collection of rights automatically vested to someone who creates an original work of Ownership of Copyright authorship — like a literary work, song, movie, or - Individual Authors: The creator holds the software copyright. - protects literary, artistic, and derivative works. - Joint Authorship: Co-authors share ownership - lifetime protection (+50 years after death, +20 unless agreed otherwise. for broadcasts, +25 for applied arts) - Employment: If created as part of a job, the employer may own the copyright. Applied Arts - Commissioned Work: The commissioner owns - Industrial design the material but not necessarily the copyright. - sculpture - Audiovisual Works: Shared among producer, - architecture composer, director, and scriptwriter. - crafts Limitations on Copyright Rights of a Copyright Owner - The following acts shall not constitute - Economic Rights: Right to derive financial infringement of copyright benefits from the work, including reproduction, distribution, rental, importation, and public Private performances (e.g., personal use, performance. charity events). Quotations for criticism, teaching, or Reproduction: Right to make copies. research. Distribution: Right to distribute copies. News reporting using portions of Rental: Control over rental of copyrighted copyrighted material. material. Educational use for teaching purposes. Importation: Right to control importation Government uses for public interest. of copies. Libraries & archives for preservation Public Performance: Right to perform purposes. work publicly (e.g., music, plays). Personal reproduction for research and Broadcasting: Right to transmit works via study. radio, TV, or the internet. Reproduction of computer programs for Communication to the Public: Making interoperability or backup. work available for public access. - Moral Rights: Right to attribution, integrity, and to object to distortion or modification of the work. Right of Attribution: Claim authorship of the work. Right of Integrity: Object to modifications that harm the author's reputation. Fair Use Copyright Infringement vs Plagiarism - The fair use of a copyrighted work for criticism, comment, news reporting, teaching including Copyright Infringement multiple copies for classroom use, scholarship, - The use of the works protected by research, and similar purposes is NOT an copyright law without the infringement of copyright. permission of the author, thereby infringing certain exclusive rights Factors to consider if a case is Fair Use granted to the copyright owner Purpose & Character: Commercial vs. - Legal Basis educational/nonprofit use. Plagiarism Nature of the Work: Fictional vs. factual. - Claiming someone else’s work or Amount Used: Substantial vs. minor ideas as your own, without portion. consent of or referencing the Effect on Market: Negative impact on the author and incorporating it into original work's value. your work - Institutional Infringement Copyright Registration Performing publicly without any consent of the Requirements: owner. - Application Form Using copyrighted work for any kind of - Proof of ownership business which brings financial - Payment of fees benefit. - Copies of work Distributing for the purpose of trade or import. Reproduction of substantial part of copyrighted work in any material form. Circulating among unauthorized people. Adaptation or translation of copyright work without any permission. Resale or renting copyrighted material to others. Remedies for Infringement Injunctions to stop unauthorized use. Damages to financial loss. Confiscation & Destruction of infringing copies. Criminal penalties: o 1st offense: 1-3 years imprisonment + PHP 50,000- 150,000 fine. o 2nd offense: 3-6 years imprisonment + PHP 150,000- 500,000 fine. o 3rd offense: 6-9 years imprisonment + PHP 500,000- 1,500,000 fine.