What is Intellectual Property?
Intellectual Property (IP) refers to the creation of the minds. It can be a brand name, a design, an invention or a literary work.
What does Intellectual Property Rights consist of?
Under Section 4.1 of the Intellectual Property Code of the Philippines, intellectual property consists of:
A. Copyright and Related Rights;
B. Trademarks and Service Marks;
C. Geographic Indications;
D. Industrial Designs;
E. Patents;
F. Layout-Designs (Topographies) of Integrated Circuits; and
G. Protection of Undisclosed Information (n, TRIPS).
The basis of our IP rights can be found in Art. 27, Universal Declaration of Human Rights where it is stated “the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary, or artistic productions.”.
This basic human right was also nationalized by our laws through Art. XIV, Sec. 13 the 1987 Constitution, to read:
“ … Section 13. 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. … “ (Sec. 13, 1987 PHIL. CONST)
The Intellectual Property Office of the Philippines (IPOPHL) is the government agency mandated to administer and implement State policies on intellectual property (IP) to strengthen the protection of IP rights in the country.
In Rationalizing the Intellectual Property Office of 2009, the IPOPHL shall pursue developmental functions of the intellectual property system in the country, as embodied under Republic Act No. 8293 (The Intellectual Property Code of the Philippines). It shall take a proactive stance in forging cooperation from the external public it serves and its various stakeholders in pursuing this mandate. The IPO shall strengthen its Bureau of Legal Affairs (BLA) by transferring to it the function relative to the settlement of disputes involving technology transfer payments and placing in the BLA all legal concerns of the Office, except those mandated by law to be undertaken directly by the Director General. The IPO shall likewise outsource the major information and communications technology functions of the Management Information Service to keep pace with information technology developments.
What is the mandate and function of the IPO?
IPOPHL performs the following functions to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations:
- Development-Oriented
I. to promote the use of patent information as a tool for technological development. - Regulatory
I. Examine applications and grant patent or register utility models, industrial designs, trademarks, geographical indication, and integrated circuits;
II. Help protect copyright by assisting in the facilitation of deposit of work with the National Library
III. Register technology transfer arrangements - Enforcement
I. Undertake enforcement functions supported by concerned agencies such as the PNP, NBI, Customs, OMB, LGUs, etc.
II. Conduct visits during reasonable hours to establishments and businesses engaging in activities violating IPRs and provisions of the IP Code based on report, information or complaint received by the Office. - Adjudicatory
I. Hear and decide cases relating to:
II. violations of IP Rights
III. Cancellations and oppositions to registration
IV. Compulsory licensing
V. Settle disputes involving technology transfer payments. - Policy-Making
I. Coordinate with relevant 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.
II. Develop and implement strategies to promote and facilitate technology transfer
In an era of conflicting interest of creators and innovators and the public, the system seeks to strike a balance between them by providing legal safeguard for their work. The system seeks to impart an environment where everyone benefits from people’s creativity and innovation as IP is a tool for economic and socio-cultural development.
In an era of conflicting interest of creators and innovators and the public, the system seeks to strike a balance between them by providing legal safeguard for their work. The system seeks to impart an environment where everyone benefits from people’s creativity and innovation as IP is a tool for economic and socio-cultural development.
How are Intellectual Property Rights protected?
1. Copyright – Copyright protects literary and artistic works, such as books and other writings, musical works, films, paintings and other works, and computer programs. It is the 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. A copyright may be protected for the lifetime of the author with an additional fifty (50) years after his death. Rules, however, may vary under different circumstances such as: 1) Works of joint authorship; 2) Works of anonymous or pseudonymous works; 3) Photographic works; 4) Works of applied art; 5) Audio-visual works.
2. Patent – A patent is an exclusive right granted for a new, inventive, & useful product. It can take the form of a new product, process or technical improvement to existing inventions. The term of a patent is twenty (20) years from the filing date of the application and must be maintained yearly starting the 5th year.
3. Trademark – According to the IPOPHL, a trademark is a word, a group of words, sign, symbol, or a logo that distinguishes your business’ goods or services from those of other traders. This will help identify the business’ brand in the market. Registration gives the owner exclusive right to use the trademark and prevent others from using or exploiting the same.
Section 123 of the IP Code highlights marks which cannot be registered as a trademark for purposes contrary to law.
Trademarks are protected for a period of 10 years from the date of registration and are renewable for another 10 years at a time.
4. Industrial Designs – an industrial design is the ornamental or aesthetic aspect of a thing. It may consist of handicrafts, jewelry, vehicles, appliances. The subject of industrial designs range from fashion to industrial goods. The registration for an industrial design is for a period of 5 years from the filing date of the application and a renewal for not more than 2 consecutive periods of 5 years.
5. Utility Model (UM) – IPOPHL states that a registrable utility model is any technical solution to a problem in any field of human activity which is new and industrially applicable. It may or may not have an inventive step. This allows the right holder to prevent others from commercially using the registered UM without his authorization. This is faster to obtain than patents. However, a UM is only entitled to seven (7) years of protection from the date of filing without the benefit of renewal.
Do you need help? Contact FilePino to give you guidance and assistance.
Landline: (02) 8478-5826
Mobile: 0917 892 2337
Email: info@filepino.com
