Techno Finals 1-5 PDF

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This document details the components of a business model, including vision and mission, investment, go-to-market strategy, customer targets and challenges, positioning and messaging, solution, pricing, and differentiators.

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TECHNOPRENEURSHIP CONTENT 01 Understanding the Business Model 04 Magic Triangle 02 Importance of Business Model 05...

TECHNOPRENEURSHIP CONTENT 01 Understanding the Business Model 04 Magic Triangle 02 Importance of Business Model 05 Business Model Canvas 03 Types of Business Model TECHNOPRENEURSHIP business model A strategic plan on how the company will make money. It contains information about services, products, markets and expenses. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission 10% 10% Investment Objectives 10% 10% Go-to-Market Customer Targets and Challenges 10% 10% Positioning and Messaging Solution 10% 10% Pricing Differentiators 10% 10% TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission Vision and Mission 10% 10% Investment Objectives 10% 10% Go-to-Market 10% Customer Targets and Challenges 10% Describes the overall purpose and direction of the company, Positioning and Messaging 10% Solution 10% as well as its long-term goals Pricing 10% Differentiators 10% and aspirations. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission Objectives 10% 10% Investment Objectives 10% 10% Go-to-Market 10% Customer Targets and Challenges 10% Outlines the specific, measurable goals that the Positioning and Messaging Solution 10% 10% company aims to achieve in order to fulfill its mission Pricing Differentiators 10% 10% and vision. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission 10% 10% Customer Target and Investment 10% Objectives 10% Challenge Go-to-Market 10% Customer Targets and Challenges 10% identifies the specific pain points and challenges faced by the company's target customers, and Positioning and Messaging Solution 10% 10% Pricing 10% Differentiators 10% how the company's solution addresses these issues. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission 10% 10% Solution Investment Objectives 10% 10% Describes the product or service that the company offers to solve Go-to-Market Customer Targets and Challenges 10% 10% the problems faced by its target customers, and how it provides Positioning and Messaging Solution 10% 10% unique value compared to other Pricing Differentiators 10% 10% solutions on the market. TECHNOPRENEURSHIP Components of a Business Model Differentiators Growth Opportunity Vision and Mission 10% 10% Investment Objectives 10% 10% Go-to-Market Customer Targets and Challenges Highlights the factors that set the company's solution apart 10% 10% Positioning and Messaging 10% Solution 10% from competitors, such as Pricing 10% Differentiators 10% technology, features, pricing, or customer service. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission 10% 10% Pricing Investment Objectives 10% 10% Go-to-Market 10% Customer Targets and Challenges 10% Outlines the pricing strategy for the company's product or Positioning and Messaging 10% Solution 10% service, including any discounts Pricing 10% Differentiators 10% or promotions that may be offered. TECHNOPRENEURSHIP Components of a Business Model Positioning and Messaging Growth Opportunity Vision and Mission 10% 10% Investment Objectives 10% 10% Go-to-Market Customer Targets and Challenges Describes how the company positions its product or service in 10% 10% Positioning and Messaging Solution the market, and how it communicates its unique value to 10% 10% customers through messaging and Pricing Differentiators 10% 10% branding. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission 10% 10% Go-To-Market Investment Objectives 10% 10% Outlines the specific tactics and strategies that the company will Go-to-Market Customer Targets and Challenges 10% 10% use to bring its product or service to market, such as through Positioning and Messaging Solution 10% 10% advertising, social media, or Pricing Differentiators 10% 10% partnerships. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission 10% 10% Investment Investment Objectives 10% 10% Describes the funding sources and capital structure for the Go-to-Market Customer Targets and Challenges 10% 10% Positioning and Messaging Solution company, including any investments or loans that are 10% 10% Pricing Differentiators required to launch or grow the 10% 10% business. TECHNOPRENEURSHIP Components of a Business Model Growth Opportunity Vision and Mission 10% 10% Growth Opportunity Investment Objectives 10% 10% Identifies potential opportunities Go-to-Market Customer Targets and Challenges 10% 10% for the company to expand its Positioning and Messaging Solution customer base, develop new products or services, or enter 10% 10% Pricing Differentiators new markets in the future. 10% 10% TECHNOPRENEURSHIP BUSINESS MODEL BUSINESS PLAN A business model captures your A business plan drops down one hypothesis for how your business will level to show how you will implement generate revenue and reach the business model. profitability — charging a price for It includes specifics such as an offering you create at a operational practices, experience sustainable cost. and structure of the management Seen as foundational and will not team, milestones to be reached on a usually be reworked in reaction to set timeline, and comprehensive shorter-term shifts. financial projections. More likely to be updated based on changes in the economy or market. TECHNOPRENEURSHIP Importance of Business Models A business model is a framework that helps a business/company to generate revenue and make profit from its operations. It lays out the components and functions of the business as well as its revenue and expenses. This is beneficial in creating a wider view of the business; so as to test its feasibility continuously. TECHNOPRENEURSHIP Profitability Competitive Advantage Innovation Importance of Business Models Sustainability Resource Allocation Lenders and Investors TECHNOPRENEURSHIP Profitability A business model eases the process of revenue generation. It is rendered Importance of possible for a well-crafted business Business model can map out exactly how the company will operate, how much will Models your product cost, who will be your target market and all activities that your product involves. TECHNOPRENEURSHIP Competitive Advantage A company will have the capability to Importance of anticipate, shape, seize opportunities and avoid threats while maintaining Business competitiveness by improving, Models combining, protecting company’s intangible and tangible assets in comprising its business model. TECHNOPRENEURSHIP Innovation As business models are ideally Importance of subjected to continuous feasibility testing, a company would be able to Business explore new revenue stream and Models distribution channels - allowing itself to encounter patterns to evolve and eventually bring about innovations. TECHNOPRENEURSHIP Sustainability An important component of a Importance of company's long-term sustainability is its Business business model. A company can better withstand market fluctuations, Models economic downturns, and other difficulties with a solid business model. TECHNOPRENEURSHIP Resource Allocation A business model can aid in the Importance of efficient resource allocation of a Business company. A business can decide where Models to allocate its resources by analyzing its revenue sources and expense structure. TECHNOPRENEURSHIP Lenders and Investors A solid business model demonstrates to investors that you’re serious about your Importance of business and that you’ve given thought Business to your plans to make money. While Models your business model alone won’t be enough to convince investors to back you, no investor will offer you funding without one. TECHNOPRENEURSHIP Profitability Competitive Advantage Innovation Importance of Business Models Sustainability Resource Allocation Lenders and Investors TECHNOPRENEURSHIP RETAILER RAZOR BLADES ADVERTISING/ MANUFACTURER AFFILIATE F E E - F O R - S E R VI C E Types FREEMIUM Business SUBSCRIPTION Model DISTRIBUTION BUNDLING FRANCHISE P R O D U C T - A S - A - S E R V I CE LEASING examples TECHNOPRENEURSHIP Retailer Model Purchase and sells products manufactured by others and distributed to them — the last step of a supply chain. Many of the businesses you patronize day to day are probably retailers, from grocery stores to pharmacies to florists. examples TECHNOPRENEURSHIP manufacturer Model Converts raw materials into products that are sold to distributors, retailers, or directly to consumers. Manufacturing businesses build everything from furniture to pharmaceuticals. They can be companies of any size and in almost any industry. examples TECHNOPRENEURSHIP fee-for-services Model Sells labor (intellectual or physical) for a set fee (hourly or by project). Depending on what type of work the business does, it might charge an hourly rate, monthly retainer or commission. Hairstylists, accountants, and real estate agents all charge fees for their specialized services. examples TECHNOPRENEURSHIP subscription Model Offers a product that requires ongoing payment for a fixed time period. A company may directly ship its product in the mail, or you may pay a fee to use its services. Can be applied to both traditional brick-and-mortar stores and e-commerce businesses alike. Many local farms offer farm shares or community- supported agriculture subscriptions, where clients get access to fresh produce on an ongoing basis while crops are in season. examples TECHNOPRENEURSHIP bundling Model Companies selling two or more products together as a single unit, often for a lower price than they would charge selling the products separately. Focuses on packaging together complementary goods and/or services into a single offering. Allows companies to generate a greater volume of sales and perhaps market products or services that are more difficult to sell. examples TECHNOPRENEURSHIP Product-as-a-service Model Businesses charge customers to use physical products They may charge a subscription fee, a per-use or per- mile fee, or a combination of both. It enables customers to purchase their desired result rather than the product responsible for delivering that result examples TECHNOPRENEURSHIP Leasing model A company buys a product from a seller then allows another company to use the product they purchased for a recurring fee Leasing agreements are usually most efficient with big- ticket items like manufacturing and medical equipment, but some companies lease smaller items too. Leasing is similar to the product-as-a-service business model, but leases usually have longer terms — days or weeks compared to minutes or hours. examples TECHNOPRENEURSHIP Franchise model A franchise is an established business blueprint that a franchisee purchases and reproduces. The franchiser, or original owner, works with the franchisee to help them with financing, marketing and other business operations to ensure the business functions as it should. In return, the franchisee pays the franchiser a percentage of the profits. It leverages existing business plans to expand and reproduce a company at a different location examples TECHNOPRENEURSHIP distribution model Distributors buy the product in bulk and sell it to retailers at a higher price A company operating as a distributor is responsible for taking manufactured goods to the market. examples TECHNOPRENEURSHIP Freemium model In a freemium model, customers can use parts of a 381 million users 172 million premium product or service for free but must pay for access to subscribers more advanced features. Although a customer may theoretically stay on freemium forever, the company attempts to convert them to a more premium, advance product that requires paymenby alluring them with the benefits of what becoming an upgraded member can hold. examples TECHNOPRENEURSHIP Advertising or affiliate marketing model Advertising - a business sell its audience’s attention. People pay for space — whether it’s in the pages of a magazine or on a website — with rates usually determined by the size of the business's audience. Affiliate marketing - a business earns a commission when a member of its audience buys a product or service it recommends. examples TECHNOPRENEURSHIP Razor blades model Aims to sell a durable product below cost to then generate high-margin sales of a disposable component of that product. Aptly named after the product that invented the model. Razor blade companies may give away expensive razor handles with the premise that consumers need to continually buy razor blades in the long run. P467 - 1 handle + 3 blades P155.75 - 1 blade 155.75 x 3 = 467.25 TECHNOPRENEURSHIP St. Gallen Magic Triangle The St. Gallen Magic Triangle is a framework used by businesses to analyze and optimize their operations. Its purpose is to enable a better understanding of the key drivers behind the success of business models and to encourage business model innovation through a structured approach. TECHNOPRENEURSHIP WHO Who is your target customers? Primary focus and the central dimension of the business model TECHNOPRENEURSHIP WHAT What do you offer to the customer? The formation of the value proposition The "Benefit Promise" The holistic view of a company's bundle of products and services that are of value to its customers. It is important to take viewpoint of customers TECHNOPRENEURSHIP VALUE How do you produce the product/service? The "Value Chain" Involves the process of how you will live up to the promised benefit you have formulated This grasps all the activities and processes of the company as part of the effort to build and distribute the chosen value proposition to the target customer group. TECHNOPRENEURSHIP HOW How do you generate revenue? Establishment of revenue models and securing venue Some companies have multiple business models with different revenue models that are designed to attract different kinds of values TECHNOPRENEURSHIP Business Model Canvas Feasibility Desirability Viability A business model can best be described through nine basic building blocks that show logic of how a company intends to deliver value and make money. TECHNOPRENEURSHIP Business Model Canvas of TECHNOPRENEURSHIP Customer Segments This defines the different groups of people or organizations that business plans to reach TECHNOPRENEURSHIP value propositions This building block is based on how your company bundles products and services to meet each customer segment's needs TECHNOPRENEURSHIP channels The channels building block is how your company will communicate with each customer segment, delivering them your value proposition TECHNOPRENEURSHIP Customer relationships The Customer Relationships Building Block describes the types of relationships a company established with specific Customer Segments TECHNOPRENEURSHIP Revenue streams This Building Block measures the earnings a company generates from each customer segments TECHNOPRENEURSHIP Key resources Key Resources are the important assets that are available to you and are required to make your business plan a success TECHNOPRENEURSHIP Key activities The key activities building block describes the important process that a business must take part in for a business model to work TECHNOPRENEURSHIP Key partnership Key partnerships revolves around the network you build. This can include, suppliers, partners or evem other businesses in your industry to create an alliance with TECHNOPRENEURSHIP cost structure The cost strusture building block describes all cost involved in operating a business model GROUP 2 INTELLECTUAL PROPERTY RIGHTS Definition Intellectual property rights are customarily divided into two main areas: (i) Copyright and rights related to copyright. The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author. Also protected through copyright and related (sometimes referred to as “neighbouring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work. (ii) Industrial property. Industrial property can usefully be divided into two main areas: One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin). The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive. Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets. The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities. A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, join ventures and licensing. The protection is usually given for a finite term (typically 20 years in the case of patents). While the basic social objectives of intellectual property protection are as outlined above, it should also be noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users. Importance of IPR The primary function of intellectual property rights (IPRs) is to protect and stimulate the development and distribution of new products and the provision of new services based on the creation and exploitation of inventions, trademarks, designs, creative content or other intangible assets. This is especially important for start-ups and SMEs, as IPRs provide them with powerful tools to compete with incumbent or larger companies. IPRs also have other benefits for their holders and for the public, including: Enabling indirect revenues: Where a company protects its products or processes with IPRs, it can derive revenues not only from direct marketing but also from licensing the IPRs to third parties that manufacture and commercialize the products, in exchange for a fee or royalty. These additional indirect revenues sometimes exceed the profits resulting from the direct exploitation, particularly as they do not require additional internal manufacturing capacities. Promotion of culture: In the creative sectors, such as the publishing, music or film industries, copyright enables authors, performers, producers and other creators to obtain an economic reward in return for their creations and activities, which enrich cultural heritage, enhance cultural diversity, and benefit society at large. Dissemination of technical information: Even where a company, university or research institution does not intend to exploit its own patented inventions, any member of the public, including researchers, can still make use of patent information. Patents are the most prolific and up-to-date source of technological information, and contain detailed technical information which often cannot be found anywhere else: it is estimated that up to 80% of current technical knowledge can only be found in patent documents. Moreover, this information is rapidly available, as most patent applications are published 18 months after the first filing. Providing guarantees regarding the quality and safety of products: Many counterfeit products do not comply with the applicable safety standards, and put the health of safety of of public– including children – at risk (for instance, where vehicle spare parts, toys or pharmaceutical products are concerned). Enforcing IPRs such as trademarks and designs with respect to such products prevents their entry into the market and ensures that consumers can rely on the quality and safety of genuine products made by the original manufacturer. Brief History of IP in the Philippines The intellectual property system in the Philippines has a long history that can be traced back to the Spanish and American colonial eras. This has led to the Philippines being recognized as one of the earliest Asian nations to establish laws related to Intellectual Property. Over time, the Intellectual Property Office of the Philippines has played a crucial role in shaping and advancing the intellectual property system in the country. Let's delve into a concise account of the development of this office and its significant contributions to the evolution of intellectual property in the Philippines. 1879: The Spanish Law on Intellectual Property The Philippines witnessed the enactment of its first copyright law during the Spanish colonial period. Known as the Spanish Law on Intellectual Property, it was approved on January 10, 1879, and became effective in 1880. This legislation marked the inception of copyright regulations in the country. In accordance with Spanish legal principles, copyright was recognized as a form of property and was primarily governed by civil law. However, there were also specific legislative provisions tailored to address copyright matters. 1880: Effectiveness of The Spanish Law on Intellectual Property 1896: The Treaty of Paris After the outbreak of the Philippine Revolution in 1896 and Spain's subsequent defeat in the Spanish-American War, The Treaty of Paris was signed between Spain and the United States to officially mark the conclusion of hostilities. This treaty served as a formal agreement between the two nations, outlining the terms and conditions for the transfer of sovereignty over the Philippines from Spain to the United States. 1898: End of 300-year Colonial Rule of Spain in the Philippines In December 1898, the Treaty of Paris was signed, marking the conclusion of 300 years of Spanish colonial rule in the Philippines. This treaty resulted in the transfer of the Philippines and Guam from Spanish control to the American colonial administration. It signified a significant shift in the political landscape and brought about a new era of governance in the region. 1913: Republic Act No. 2235 Entitled, “AN ACT CREATING A PUBLIC CORPORATION TO BE KNOWN AS THE CAVITE ELECTRICITY DISTRIBUTING AUTHORITY” The Philippine legislature approved Republic Act No. 2235, which established the adoption of United States patent laws in the Philippines. This legislation made the patent laws of the United States applicable and enforceable within the Philippine jurisdiction. It marked a significant step towards harmonizing the intellectual property framework in the country with that of the United States. 1924: Republic Act No. 3134 Entitled, “AN ACT TO PROTECT INTELLECTUAL PROPERTY.” The Philippine legislature enacted Act No. 3134. This law served as the primary legislation governing intellectual property in the Philippines until the country gained independence from the United States in 1945. Act No. 3134 was heavily influenced by the U.S. Copyright Law of 1909, serving as its basis and providing a framework for protecting intellectual property rights within the Philippine context. 1940: The Philippines entered into International Conventions 1947: Republic Act No. 165 and Republic Act No. 166 Following its attainment of independence, the Philippines took significant steps to enhance its intellectual property system. In 1947, the country introduced two laws to strengthen intellectual property protection. Republic Act 165 established a patent office, enabling the registration and safeguarding of patents. Simultaneously, Republic Act 166 facilitated the registration and protection of trademarks, trade names, and service marks. These legislative measures aimed to strengthen intellectual property rights and promote innovation and creativity within the country. Republic Act No. 165: AN ACT CREATING A PATENT OFFICE, PRESCRIBING ITS POWERS AND DUTIES, REGULATING THE ISSUANCE OF PATENTS, AND APPROPRIATING FUNDS THEREFOR. Republic Act No. 166: AN ACT TO PROVIDE FOR THE REGISTRATION AND PROTECTION OF TRADE-MARKS, TRADE-NAMES, AND SERVICE-MARKS, DEFINING UNFAIR COMPETITION AND FALSE MARKING AND PROVIDING REMEDIES AGAINST THE SAME, AND FOR OTHER PURPOSES 1913: Republic Act No. 2235 Entitled, “AN ACT CREATING A PUBLIC CORPORATION TO BE KNOWN AS THE CAVITE ELECTRICITY DISTRIBUTING AUTHORITY” The Philippine legislature approved Republic Act No. 2235, which established the adoption of United States patent laws in the Philippines. This legislation made the patent laws of the United States applicable and enforceable within the Philippine jurisdiction. It marked a significant step towards harmonizing the intellectual property framework in the country with that of the United States. 1924: Republic Act No. 3134 Entitled, “AN ACT TO PROTECT INTELLECTUAL PROPERTY.” The Philippine legislature enacted Act No. 3134. This law served as the primary legislation governing intellectual property in the Philippines until the country gained independence from the United States in 1945. Act No. 3134 was heavily influenced by the U.S. Copyright Law of 1909, serving as its basis and providing a framework for protecting intellectual property rights within the Philippine context. 1940: The Philippines entered into International Conventions 1947: Republic Act No. 165 and Republic Act No. 166 Following its attainment of independence, the Philippines took significant steps to enhance its intellectual property system. In 1947, the country introduced two laws to strengthen intellectual property protection. Republic Act 165 established a patent office, enabling the registration and safeguarding of patents. Simultaneously, Republic Act 166 facilitated the registration and protection of trademarks, trade names, and service marks. These legislative measures aimed to strengthen intellectual property rights and promote innovation and creativity within the country. Republic Act No. 165: AN ACT CREATING A PATENT OFFICE, PRESCRIBING ITS POWERS AND DUTIES, REGULATING THE ISSUANCE OF PATENTS, AND APPROPRIATING FUNDS THEREFOR. Republic Act No. 166: AN ACT TO PROVIDE FOR THE REGISTRATION AND PROTECTION OF TRADE-MARKS, TRADE-NAMES, AND SERVICE-MARKS, DEFINING UNFAIR COMPETITION AND FALSE MARKING AND PROVIDING REMEDIES AGAINST THE SAME, AND FOR OTHER PURPOSES 1980: World Intellectual Property Organization (WIPO) The World Intellectual Property Organization (WIPO) Convention, which became effective in 1980, was an international agreement that played a crucial role in shaping the global intellectual property landscape. The Philippines had already signed this convention in the 1960s, demonstrating its early commitment to international intellectual property cooperation. 1987: Article XIV, Section 13 The 1987 Philippine Constitution acknowledged the importance of intellectual property through Article XIV, Section 13. This constitutional provision explicitly emphasized that “The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.” 1995: Agreement on Trade-Related Aspects of Intellectual Property Rights As the Philippines increasingly integrated itself into the international community, it also embraced the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1995. This step followed the country's accession to the World Trade Organization (WTO) in the same year. By joining the agreement, the Philippines demonstrated its commitment to upholding and complying with international standards and regulations concerning intellectual property rights. This move aimed to foster a fair and balanced global trade environment while safeguarding and promoting the interests of innovators, creators, and rights holders within the Philippines. 1997: Republic Act No. 8293 Known as The Intellectual Property Code Demonstrating its dedication to upholding international conventions and the Philippine Constitution, the Philippine government took steps to streamline intellectual property legislation in 1997. As a result, these efforts culminated in the enactment and implementation of Republic Act 8293 in 1998. This comprehensive law consolidated and harmonized various intellectual property provisions, ensuring the protection and enforcement of intellectual property rights in line with both domestic and international standards. The Intellectual Property Code served as a milestone in strengthening the intellectual property framework in the Philippines, aligning it with global best practices and providing a robust legal framework for intellectual property protection and promotion. 1997-2004: The IP Code Onwards Bureau of Patents, Trademarks, and Technology Transfer (BPTTT) basically ended and the Intellectual Property Office of the Philippines (IPOPHL) was established with the enactment of the IP Code of the Philippines. Atty. Emma Francisco, who is now the Director General of the IPOPHL, remained to lead the organization after IPOPHL took over and increased the responsibilities of the BPTTT. Atty. Emma C. Francisco is the first woman director of the BPTTT. In their ongoing efforts to embrace modernization, the office took significant steps forward. One notable milestone was the introduction of the Philpat CD-ROM in 1998, which brought about a new era of technological advancement. Additionally, they sealed the deal by finalizing the Project Type Technical Cooperation for Modernization of Industrial Property Administration agreement with Japan International Cooperation Agency (JICA), solidifying their commitment to enhancing their administrative processes. 2005-2009: Intellectual Property as a tool for development In 2005, with the appointment of Atty. Adrian S. Cristobal Jr. as the second Director General, the management of the intellectual property system as well as the operation of the office adopted a developmental strategy. During this time, the agency established a policy and international relations unit to assume a prominent role in shaping both domestic and international Intellectual Property (IP) policy. This dedicated unit generated a variety of essential materials such as policy papers, studies, and feedback on legislation and draft bills related to intellectual property rights. Furthermore, it served as a key source of expertise for the country's missions in Geneva and the Department of Trade and Industry's bilateral and multilateral trade negotiations. 2010-2014: Building an Intellectual Property Community IPOPHL's direction was distinguished by a resurgence in modernization, a persistent enforcement effort, and stronger contact with the academic sector under Director General Atty. Ricardo Blancaflor. Starting in 2012, IPOPHL initiated the deployment of a system aimed at improving efficiency. This system automated the entire process of handling intellectual property (IP) applications, streamlining everything from the initial filing to the final registration. It encompassed various tasks such as publishing, printing certificates, and managing post- registration or post-granting matters. IPOPHL's commitment to enforcement matters remained strong and even experienced a revitalization during this period. The agency actively pursued initiatives to combat counterfeiting and piracy, exemplified by their achievement in securing a support fund of P 10 million from the Office of the President for the operational needs of the National Committee of Intellectual Property Rights (NCIPR). Additionally, IPOPHL achieved a significant milestone by conducting its largest seizure of counterfeit and pirated goods, amounting to an impressive P13 billion. 2015-Present: Forging Ahead in the Global IP Community The Intellectual Property Office of the Philippines' services continues to be distinguished by their modernization of facilities and services. In 2016, a variety of online filing application facilities, including eTMFile, eIDFile, and eUMFile, were released. In 2016, IPOPHL, along with over 62 other countries and organizations, embraced the use of TMClass as part of their endeavors to enhance and streamline the classification system for goods and services in trademark applications. TMClass is an online tool that assists users in accurately categorizing their goods and services while submitting a trademark application. One of its valuable features is the ability to translate terms into 42 languages, aiding users in checking compatibility with participating intellectual property offices. It's worth noting that IPOPHL was already a participant in Asean TMClass prior to this adoption. In 2017, IPOPHL made significant strides in enhancing its skills and capabilities in patent search and examination. This progress resulted in the World Intellectual Property Organization (WIPO) designating IPOPHL as the second International Searching Authority/International Preliminary Examination Authority (ISA/IPEA) in the ASEAN region, with unanimous agreement. By 2019, IPOPHL aimed to commence its operations as an ISA/IPEA and become the preferred choice for applicants in the region seeking these services. Intellectual Property Code of the Philippines Republic Act 8293 is an act prescribing the intellectual property code and establishing property office, providing for its powers and functions, and for other purposes. It is divided in five parts, and has a total of 241 sections that elaborate the terms, conditions, and penalties involving intellectual property. This law was authorized and signed into law on June 6, 1997, and took effect on January 1, 1998 as stated in Section 241 of the said Act. PART I: The Intellectual Property Office SECTION 1. Title. This Act shall be known as the "Intellectual Property Code of the Philippines." SECTION 2. Declaration of State Policy. The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act. The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines. (n) SECTION 5. Functions of the Intellectual Property Office (IPO) To administer and implement the State policies declared in this Act, there is hereby created the Intellectual Property Office (IPO) which shall have the following functions: Examine applications for grant of letters patent for inventions and register utility models and industrial designs; Examine applications for the registration of marks, geographic indication, integrated circuits; Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer; Promote the use of patent information as a tool for technology development; Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered; Administratively adjudicate contested proceedings affecting intellectual property rights; and Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. The Office 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. (n) SECTION 6. The Organizatioal Structure of the IPO The Office shall be headed by a Director General who shall be assisted by two (2) Deputies Director General. The Office shall be divided into six (6) Bureaus, each of which shall be headed by a Director and assisted by an Assistant Director. These Bureaus are: The Bureau of Patents; The Bureau of Trademarks; The Bureau of Legal Affairs; The Documentation, Information and Technology Transfer Bureau; The Management Information System and EDP Bureau; and The Administrative, Financial and Personnel Services Bureau. The Director General, Deputies Director General, Directors and Assistant Directors shall be appointed by the President, and the other officers and employees of the Office by the Secretary of Trade and Industry, conformably with and under the Civil Service Law. (n) PART II: The Law on Patents SECTION 21. Patentable Inventions. Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a) SECTION 22. Non-Patentable Inventions. The following shall be excluded from patent protection: 22.1. Discoveries, scientific theories and mathematical methods; 22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers; 22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods; 22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes. Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection: 22.5. Aesthetic creations; and 22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a) PART III: The Law on Trademarks, Service Marks and Trade Names SECTION 122. How Marks are Acquired The rights in a mark shall be acquired through registration made validly in accordance with the provisions of this law. (Sec. 2-A, R.A. No. 166a) SECTION 123. Registrability 123.1. A mark cannot be registered if it: a. Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; b. Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof; c. Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow; d. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of: i. The same goods or services, or ii. Closely related goods or services, or iii. If it nearly resembles such a mark as to be likely to deceive or cause confusion; e. Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services: Provided, That in determining whether a mark is well-known, account shall be taken of the knowledge of the relevant sector of the public, rather than of the public at large, including knowledge in the Philippines which has been obtained as a result of the promotion of the mark; f. Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in accordance with the preceding paragraph, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for: Provided, That use of the mark in relation to those goods or services would indicate a connection between those goods or services, and the owner of the registered mark: Provided further, That the interests of the owner of the registered mark are likely to be damaged by such use; g. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services; h. Consists exclusively of signs that are generic for the goods or services that they seek to identify; i. Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice; j. Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services; k. Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value; l. Consists of color alone, unless defined by a given form; or m. Is contrary to public order or morality. 123.2. As regards signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall prevent the registration of any such sign or device which has become distinctive in relation to the goods for which registration is requested as a result of the use that have been made of it in commerce in the Philippines. The Office may accept as prima facie evidence that the mark has become distinctive, as used in connection with the applicant's goods or services in commerce, proof of substantially exclusive and continuous use thereof by the applicant in commerce in the Philippines for five (5) years before the date on which the claim of distinctiveness is made. 123.3. The nature of the goods to which the mark is applied will not constitute an obstacle to registration. (Sec. 4, R.A. No. 166a) PART IV: The Law on Copyright SECTION 172. Literary and Artistic Works 172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: a. Books, pamphlets, articles and other writings; b. Periodicals and newspapers; c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; d. Letters; e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows; f. Musical compositions, with or without words; g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art; h. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; j. Drawings or plastic works of a scientific or technical character; k. Photographic works including works produced by a process analogous to photography; lantern slides; l. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; m. Pictorial illustrations and advertisements; n. Computer programs; and o. Other literary, scholarly, scientific and artistic works. 172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a) SECTION 173. Derivative Works. 173.1. The following derivative works shall also be protected by copyright: a. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and b. Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, [P] and [Q], P.D. No. 49) 173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10, TRIPS) SECTION 175. Unprotected Subject Matter Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. (n) PART V: Final Provisions SECTION 234. Abolition of the Bureau of Patents, Trademarks, and Technology Transfer The Bureau of Patents, Trademarks, and Technology Transfer under the Department of Trade and Industry is hereby abolished. All unexpended funds and fees, fines, royalties and other charges collected for the calendar year, properties, equipment and records of the Bureau of Patents, Trademarks and Technology Transfer, and such personnel as may be necessary are hereby transferred to the Office. Personnel not absorbed or transferred to the Office shall enjoy the retirement benefits granted under existing law, otherwise, they shall be paid the equivalent of one month basic salary for every year of service, or the equivalent nearest fractions thereof favorable to them on the basis of the highest salary received. (n) SECTION 239. Repeals 239.1. All Acts and parts of Acts inconsistent herewith, more particularly Republic Act No. 165, as amended; Republic Act No. 166, as amended; and Articles 188 and 189 of the Revised Penal Code; Presidential Decree No. 49, including Presidential Decree No. 285, as amended, are hereby repealed. 239.2. Marks registered under Republic Act No. 166 shall remain in force but shall be deemed to have been granted under this Act and shall be due for renewal within the period provided for under this Act and, upon renewal, shall be reclassified in accordance with the International Classification. Trade names and marks registered in the Supplemental Register under Republic Act No. 166 shall remain in force but shall no longer be subject to renewal. 239.3. The provisions of this Act shall apply to works in which copyright protection obtained prior to the effectivity of this Act is subsisting: Provided, That the application of this Act shall not result in the diminution of such protection. (n) Types of Intellectual Property As stated in Section 4.1 of The Intellectual Property Code of the Philippines, also referred to as R.A. 8293, the concept of "intellectual property rights" encompasses the following. 1. Copyright and Related Rights; 2. Trademarks and Service Marks; 3. Geographic Indications; 4. Industrial Designs; 5. Patents; 6. Layout-Designs (Topographies) of Integrated Circuits; and 7. Protection of Undisclosed Information (n, TRIPS). Copyright Copyright refers to a form of intellectual property protection that grants exclusive rights to the creator of an original work. It provides the creator with the legal authority to control the reproduction, distribution, display, performance, and modification of their work. Copyright protection applies to various creative works, including literary works, artistic works, musical compositions, films, software programs, and architectural designs. It ensures that the creator has the right to authorize or prohibit others from using their work without permission, thereby safeguarding their economic and moral interests. Copyright grants two main categories of rights: a. Economic Rights: These rights pertain to the author or copyright owner's ability to receive financial benefits from the use of their works by others. b. Moral Rights: These rights pertain to the author's entitlement to be recognized as the creator of the work (Right of Paternity) and the right to prevent the use of their name in connection with any work that is not their own or any altered version of their work. The duration of copyright protection varies depending on several factors, including the type of work and the jurisdiction in which the copyright is claimed. Here are some general guidelines for copyright durations: a. Individual Authorship: In most countries, the copyright duration for works created by an individual author is the author's lifetime plus a certain number of years after their death. This period is often referred to as the "author's life plus years" term. The specific number of years can vary, but it is typically between 50 to 70 years. In the Philippines, the duration of copyright protection for artistic, literary, and derivative works extends throughout the author's lifetime and continues for 50 years after the author's death. This same duration applies to posthumous works, which are works published after the author's death. In cases of joint authorship, the economic rights are safeguarded during the lifetime of the last surviving author and endure for 50 years following the death of that author. b. Works of Joint Authorship: When a work has multiple authors who collaborated on its creation, the copyright duration is typically based on the life of the last surviving author plus a set number of years. c. Anonymous or Pseudonymous Works: For works published under a pen name or anonymously, the copyright duration may be based on the date of publication or other factors. The duration can vary, but it is generally similar to that of individual authorship. d. Corporate or Institutional Works: In the case of works created by a corporation, organization, or government entity, the copyright duration is often a fixed term, typically ranging from 50 to 100 years from the date of creation or publication. Trademark A trademark is a distinctive symbol, word, phrase, design, or a combination thereof that identifies and distinguishes the goods or services of one party from those of others. It serves as a recognizable sign or indicator of the source of the products or services and helps consumers identify and differentiate between various brands and businesses. Trademarks can take various forms, including brand names, logos, slogans, product packaging, or even distinctive sounds or scents associated with a particular brand. They provide legal protection to the owner, granting them the exclusive right to use the mark in connection with specific goods or services and allowing them to take legal action against unauthorized use or infringement by others. To obtain trademark protection, individuals or businesses typically register their trademark with the appropriate intellectual property office in their country or region. This registration process involves demonstrating that the mark meets certain criteria, such as distinctiveness and non-confusion with existing trademarks. Once registered, a trademark is typically protected for a specific duration, which can vary depending on the jurisdiction but is often renewable indefinitely as long as it is actively used and maintained. Trademarks play a crucial role in business as they enable companies to establish brand identity, build customer loyalty, and protect their reputation in the marketplace. By securing exclusive rights to a trademark, a business can prevent others from using a similar mark that may cause confusion among consumers. Here are some examples of well-known trademarks: a. Coca-Cola: The distinct logo and brand name of the popular soft drink company. b. Apple: The iconic apple symbol used by the technology company. c. Nike: The famous "swoosh" logo associated with the athletic apparel and footwear brand. d. McDonald's: The golden arches logo and the "I'm lovin' it" slogan used by the fast- food chain. e. Google: The colorful and stylized logo representing the multinational technology company. Geographical Indication Geographical indications (GIs) are a type of intellectual property right that identifies a product as originating from a specific geographical region. They serve to protect and promote unique qualities, characteristics, and reputation associated with products that have a strong connection to their geographical origin. Those who register their GIs will possess the authority to prohibit the usage of their products in a manner that could deceive the public regarding the geographical origin of the goods or falsely indicate that the goods originate from a different location, among other things. GIs serve as a valuable resource for consumers, offering them essential details regarding the origin and quality of products. By providing this information, GIs enable consumers to make well-informed decisions and safeguard them against deceptive or misleading practices. Furthermore, GIs play a crucial role in fostering both economic and cultural growth of a specific region. They bolster local industries, safeguard traditional production techniques, and bolster rural economies. Additionally, GIs promote the preservation of cultural heritage by emphasizing the significance of regional products. GIs are commonly associated with agricultural products, food items, alcoholic beverages, handicrafts, and industrial goods. GIs in the Philippines receive protection under the Trademarks section of the Intellectual Property Code of 1997. Notable examples of potential GIs include the renowned Guimaras Mangoes and Tau Sebu T'nalak, which are registered as collective marks. Other examples encompass Bicol Pili, Davao Pomelo, Cordillera Heirloom Rice, Camiguin Lanzones, Davao Cacao, Kalinga Coffee, Antique's Bagtason Loom, Aurora's Sabutan Weave, Samar's Basey Banig, Basilan and Zamboanga's Yakan cloth, and the recently added Masbate beef and Baguio Strawberry. Industrial Designs Industrial designs are a form of intellectual property rights that protect the aesthetic and ornamental aspects of a product's visual appearance. They pertain to the unique and non- functional features that give a product its distinctive look, such as its shape, configuration, pattern, or ornamentation. Industrial designs cover a wide range of products, including consumer goods, furniture, electronics, vehicles, fashion accessories, and packaging. They can encompass both two-dimensional designs (such as patterns) and three-dimensional designs (such as product shapes). Industrial designs can be protected through registration or other legal means, depending on the jurisdiction. Registration typically involves filing an application with the appropriate intellectual property office, accompanied by visual representations or samples of the design. The duration of industrial design protection varies from country to country but is typically renewable for multiple periods, ranging from several years to up to 25 or more years, depending on the jurisdiction. Industrial designs play a significant role in promoting creativity, encouraging innovation, and enhancing the commercial value of products. They provide legal safeguards to prevent unauthorized copying or imitation of visually appealing designs and allow designers and businesses to differentiate their products in the marketplace. Obtaining protection for an industrial design grants the owner exclusive rights to prevent others from manufacturing, using, selling, or importing products that bear a design that is substantially similar to the protected design without permission. Patents Patents are a type of intellectual property right that gives inventors and innovators legal protection for their ideas or discoveries. Patents provide the inventor exclusive rights to prohibit others from creating, using, selling, or importing their innovation without their permission. Obtaining a patent allows innovators to commercialize their ideas, acquire a competitive advantage in the market, and recover their research and development cost. Patents encourage creativity by providing a limited-time monopoly on the invention, which normally lasts 20 years from the date of filing. This protection encourages innovators to share their inventions with the public, advancing science, technology, and society as a whole. Patents include a wide range of intellectual property rights that safeguard numerous sorts of inventions and discoveries. Utility patents protect functional elements, design patents defend visual appearance, plant patents protect new plant types, and software patents protect software-related inventions. Understanding the various sorts of patents is critical for inventors and entrepreneurs who want to protect their intellectual property and profit from their ideas. Utility Patents The most common type of patent is a utility patent, which covers novel and useful processes, machinery, objects of production, or substance compositions. These patents protect the functional features of an invention and grant the inventor the right to prohibit others from making, using, selling, or importing the claimed invention for a term of 20 years from the date of filing. Design Patents Design patents safeguard the ornamental or aesthetic qualities of a novel, original, and ornamental design related to a manufactured object. Unlike utility patents, design patents protect the visual look of an innovation rather than the functional aspects. Design patents provide the creator exclusive rights to the visual design for 15 years after the patent is granted. Plant Patents Plant patents are issued for novel and different types of plants that are propagated asexually, such as via grafting or cutting. These patents cover the plant itself, prohibiting anyone from asexually reproducing, selling, or utilizing the plant for 20 years from the date of filing. Software Patents Software patents cover computer program and software algorithm innovations. They explore novel and obscure software inventions that offer a technological answer to an issue. Software patents offer the inventor exclusive rights to use, distribute, and manage the patented software for 20 years from the date of filing. Layout-Designs (Topographics) of Integrated Circuits The arrangement and interconnections of electronic components within an integrated circuit (IC) are referred to as layout-design. It is concerned with the IC's physical architecture, which includes geometric patterns, layers, and connections that determine its operation. Layout-design protection gives authors exclusive rights over replication, dissemination, and economic exploitation of their designs. The lifetime of layout-design protection normally ranges from 10 to 15 years, depending on jurisdiction and individual regulations. Layout-design protection supports innovation, stimulates investment in the semiconductor sector, and assures fair benefits for inventors while deterring rivals from illicit copying or reproduction. Layout-design protection is an important part of intellectual property rights because it protects the unique arrangements and combinations seen in integrated circuits. It encourages creativity, fosters technical advancement, and gives designers complete control over their creations. Layout-design rights contribute to the growth and sustainability of the semiconductor industry by providing legal protection, supporting further breakthroughs in integrated circuit technology. Protection of Undisclosed Information (n. TRIPS) The protection of undisclosed information, also known as trade secrets, is a significant type of intellectual property right governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Trade secrets encompass confidential business information, such as formulas, processes, techniques, or other valuable knowledge that provides a competitive advantage. TRIPS requires member countries to establish legal frameworks for the protection of trade secrets, ensuring effective enforcement mechanisms. Trade secret protection involves maintaining confidentiality through non-disclosure agreements, restricted access, and other security measures. Unlike other intellectual property rights, trade secrets have no fixed duration and can provide long- term protection. The protection of undisclosed information is vital as it incentivizes companies to invest in research, development, and innovation, promoting competitiveness, business growth, and the overall advancement of industries and economies. The preservation of confidential information, sometimes known as trade secrets, is an important part of intellectual property rights. It allows firms to protect vital sensitive information while encouraging innovation, competition, and investment. The TRIPS Agreement establishes a framework for member nations to provide legal protection and enforcement measures to secure hidden knowledge, hence promoting corporate growth and development across industries. Copyrights Legal protection extended to the owner of the rights in an original work ·“Original work” refers to intellectual creation in the literary, scientific, and artistic domain Among the literary and artistic works enumerated in the IP Code includes books and other writings, musical works, films, paintings and other works, and computer programs Copyright laws grant authors, artists and other creators automatic protection for their literary and artistic creations, from the moment they create it Benefits The creators of works protected by copyright hold the exclusive right to use or authorize others to use the work on agreed terms The right holder/s of a work can authorize or prohibit: Reproduction in all forms, including print form and sound recording Public performance and communication to the public Broadcasting, translation into other languages, and adaptation such as from a novel to a screenplay for a film Copyright not only provides protection to the creator's original work but also to the reproduction by various means of all or parts of that work or works. This protection is in the form of two rights known as the Economic Right and the Moral Right. Economic Right - Rights that enable the author to earn from his work, and gives him control over the use of it, such as in its: 1. Reproduction 2. Transformation First public distribution 3. Rental 4. Public display 5. Public performance 6. Other communication to the public of the work. Moral Right - Rights that govern the author’s connection to his work 1. Right of Attribution 2. Right of Alteration 3. Right of Integrity (object to any prejudicial distortion) 4. Right to restrain use of his name. Eligibility Works covered by copyright that can be deposited with IPOPHL are, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings. Term of Protection The term for copyright in literary and artistic works, and on derivative works is generally the lifetime of author plus fifty (50) years However, different rules may apply in the following as per the Intellectual Property Code of the Philippines (Chapter XVI, Section 213): Works of Joint Authorship – economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death Works of anonymous or Pseudonymous Works – the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published; provided, that where, before the expiration of the said period, the author’s identity is revealed or is no longer in doubt. Photographic Works – protection shall be for fifty (50) years from publication of the work, and if unpublished, fifty (50) years from the making Works of Applied Art – the protection shall be for a period of twenty-five (25) years from the date of making Audio-visual Works – the term shall be fifty (50) years from date of publication and, if unpublished, from the date of making Intellectual Property Rights Laws and Rules for Copyright Law: RA 8293: The Intellectual Property Code, as amended by RAs 9150, 9502, and 10372 Rules: Revised Rules on Accreditation of Collective Management Organizations (2020) Revised Rules on Copyright Registration (2020) Rules and Regulations for the Government (2020) Rules and Regulations on Resale Rights (2020) Rules and Regulations on Copyright Registration and Deposit (2013) Rules and Regulations on the Accreditation of Collective Management Organizations (2013) Rules on Resolution of Public Performance Disputes (2013) Bureau of Copyright and Other Related Rights The on in-charge in governing the copyrights and other intellectual property related rights including their concerns Conduct studies and researches in the field of copyright and related rights; and Provide other copyright and related rights service and charge reasonable fees Revised Rules on Various Services under the Bureau of Copyright and Related Rights Memorandum Circular No. 2020-022 - Revised Rules on the Resolution of Public Performance Disputes Memorandum Circular No. 2020-023 - Rules on Resale Rights Memorandum Circular No. 2020-024 - Copyright Rules for the Government Memorandum Circular No. 2020-025 - Revised Rules on Copyright Registration Memorandum Circular. No. 2020-026 - Revised Rules on Accreditation of Collective Management Organizations Copyrightable (Works not protected by Copyright) To be copyrightable, a work must qualify as an original work of authorship under the copyright law. This highlights different types or works and subject matter that do not qualify for copyright protection. The following are: 1. Ideas, Methods, and Systems 2. Names, Titles, and Short Phrases 3. Typeface, Fonts, and Lettering 4. Layout and Design 5. Blank Forms 6. Familiar Symbols and Designs 7. Registration of Works with Copyrightable and Uncopyrightable Subject Matter Ideas, Methods, and Systems Copyright law expressly excludes copyright protection for “any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied.” The Office may, however, register a literary, graphic, or artistic description, explanation, or illustration of an idea, procedure, process, system, or method of operation, provided that the work contains a sufficient amount of original authorship. However, copyright protection will extend only to the original expression in that work and not to the underlying idea, methods, or systems described or explained Inventions You can register a technical drawing or a written description of an invention when the drawing or description contains a sufficient amount of authorship. However, the registration extends only to the original expression contained in the drawing or description and does not apply to the underlying invention. Recipes A mere listing of ingredients or contents, or a simple set of directions, is uncopyrightable. As a result, the Office cannot register recipes consisting of a set of ingredients and a process for preparing a dish. In contrast, a recipe that creatively explains or depicts how or why to perform a particular activity may be copyrightable. A registration for a recipe may cover the written description or explanation of a process that appears in the work, as well as any photographs or illustrations that are owned by the applicant. However, the registration will not cover the list of ingredients that appear in each recipe, the underlying process for making the dish, or the resulting dish itself. The registration will also not cover the activities described in the work that are procedures, processes, or methods of operation, which are not subject to copyright protection. Names, Titles, Short Phrases Words and short phrases, such as names, titles, and slogans, are uncopyrightable because they contain an insufficient amount of authorship. Examples of names, titles, or short phrases that do not contain a sufficient amount of creativity to support a claim in copyright includes: - The name of an individual (including pseudonyms, pen names, or stage names) - The title or subtitle of a work, such as a book, a song, or a pictorial, graphic, or sculptural work - The name of a business or organization - The name of a band or performing group - The name of a product or service - A domain name or URL - The name of a character - Catchwords or catchphrases - Mottos, slogans, or other short expressions Typeface, Fonts, and Lettering Copyright law does not protect typeface or mere variations of typographical ornamentation or lettering. A typeface is a set of letters, numbers, or other characters with repeating design elements that is intended to be used in composing text or other combinations of characters, including calligraphy. Generally, typeface, fonts, and lettering are building blocks of expression that are used to create works of authorship. The Office cannot register a claim to copyright in typeface or mere variations of typographic ornamentation or lettering, regardless of whether the typeface is commonly used or unique. Layout and Design As a general rule, the Office will not accept a claim to copyright in “format” or “layout.” The general layout or format of a book, page, book cover, slide presentation, web page, poster, or form is uncopyrightable because it is a template for expression. Copyright protection may be available for the selection, coordination, or arrangement of the specific content that is selected and arranged in a sufficiently creative manner. The claim, however, would be limited to the selection and arrangement of that specific content, not to the selection and arrangement of any content in that particular manner. Blank Forms Blank forms typically contain empty fields or lined spaces as well as words or short phrases that identify the content that should be recorded in each field or space. Blank forms that are designed for recording information and do not themselves convey information are uncopyrightable. A blank form may incorporate Works Not Protected by Copyright 4 images or text that is sufficiently creative to be protected by copyright. Contracts, insurance policies, and other documents with “fill-in” spaces may also be registered if there is sufficient literary authorship that is not standard or functional. In all cases, the registration covers only the original textual or pictorial expression that the author contributed to the work, but does not cover the blank form or other uncopyrightable elements that the form may contain. Examples of Blank Forms: - Time cards - Graph paper - Account books - Diaries - Bank checks - Scorecards - Address books - Report forms - Order forms - Date books and scheduler Familiar Symbols and Designs Familiar symbols and designs, or a simple combination of a few familiar symbols or designs, are uncopyrightable and cannot be registered with the Office. However, a work of authorship that incorporates one or more familiar symbols or designs into a larger design may be registered if the work as a whole contains a sufficient amount of creative expression. Examples of familiar symbols and designs include but are not limited to: - Letters, punctuation, or symbols on a keyboard - Abbreviations - Musical notation - Numbers and mathematical and currency symbols - Arrows and other directional or navigational symbols - Common symbols and shapes, such as a spade, club, heart, diamond, star, yin yang, or fleur de lys - Common patterns, such as standard chevron, polka dot, checkerboard, or houndstooth - Well-known and commonly used symbols that contain a minimal amount of expression or are in the public domain, such as the peace symbol, gender symbols, or simple emoticons - Industry designs, such as the caduceus, barber pole, food labeling symbols, or hazard warning symbols - Familiar religious symbols - Common architecture moldings Registration of Works with Copyrightable and Uncopyrightable Subject Matter When completing an application for a work with a significant amount of uncopyrightable subject matter, you should focus your claim specifically on the copyrightable subject matter. When completing the “Author Created” field in the online application, use words identifying copyrightable subject matter such as “text,” “photograph,” or “drawing.” Avoid words referring to material that is not subject to copyright protection, such as “idea,” “device,” “process,” “format,” or “layout.” Also, avoid using vague language, such as “design” or “entire work.” Under Philippine law, copyright infringement carries the following penalties: a. For the first offense, imprisonment ranging from 1 to 3 years and a fine of 50,000 to 150,000 pesos. b. For the second offense, imprisonment of 3 years and 1 day to 6 years, along with a fine of 150,000 to 500,000 pesos. c. For the third and subsequent offenses, imprisonment of 6 years and 1 day to 9 years, as well as a fine ranging from 500,000 to 1,500,000 pesos. Patents It is a type of intellectual property granted by the federal government allowing inventors to prevent others from making, using, or selling the product of their invention for a period of time. The innovation becomes the owner’s property when patent protection is granted, and like any other type of property or business asset, it can be purchased, sold, rented, or hired. Benefits Exclusive Use A patent shall grant one the right to take legal action against all third parties that make, use or sell your invention without their consent. In general, the threat of legal proceedings discourages others from infringing on one’s patent and thus makes it difficult for others to enter a specific market. Any business that wishes to compete directly against one must either license their patented technology or invent around one’s patent. In addition, there is a need for further resources which do not yet allow all businesses to take up this option or be willing to participate. No Need for Secrecy A patented invention cannot be kept confidential, unlike a trade secret; the inventor must make full disclosure of it in his patent application.