Understanding the Difference Between Copyright, Patent, and Trademark

In the realm of intellectual property (IP), safeguarding creations, inventions, and brand identities is a cornerstone of modern business and culture. Three primary legal protections—copyright, patent, and trademark—offer avenues for creators and entrepreneurs to claim ownership of their intellectual endeavors. Understanding these distinctions is essential, particularly within the context of Philippine intellectual property law, to ensure proper protection and legal compliance.

 

This guide explores each type of IP protection in detail, their legal implications in the Philippines, and practical steps to secure them.

 

What is Copyright?

Copyright is a legal right that provides creators with exclusive control over their original works of authorship, protecting their intellectual and creative efforts from unauthorized use. These works encompass a broad range of creations, including literary pieces such as books, poems, and articles; artistic works like paintings, sculptures, and photographs; musical compositions and recordings; as well as digital content such as software, websites, and multimedia productions.

 

By granting these exclusive rights, copyright ensures that creators retain the sole authority to determine how their work is used, reproduced, distributed, performed, or displayed. This protection not only recognizes the creator’s intellectual investment but also encourages innovation and creativity by safeguarding the economic benefits derived from their work. Through copyright, creators can license or sell their rights, enabling them to share their creations while maintaining control over how they are accessed and utilized.

 

Scope of Copyright

In the Philippines, copyright protection is governed by the Intellectual Property Code of the Philippines (Republic Act No. 8293). It applies to:

• Literary works: Books, articles, scripts, etc.
• Artistic works: Paintings, drawings, sculptures, etc.
• Musical compositions: Lyrics and scores.
• Audiovisual works: Films, documentaries, and multimedia presentations.
• Software and databases: Computer programs and compilations of data.

How Copyright is Acquired

Copyright protection is automatic upon the creation of an original work in a tangible form. In the Philippines, there is no requirement to register a work for it to be protected under copyright law. However, registering with the National Library of the Philippines or the Intellectual Property Office of the Philippines (IPOPHL) provides proof of ownership, which is valuable in disputes.

 

Steps to Register Copyright in the Philippines:

 

1. Prepare the Requirements:
   • A completed application form (available on IPOPHL’s website).
   • A copy of the work in a fixed, tangible form (e.g., manuscript, digital file, photograph).
   • Proof of identity (for individuals) or proof of authorization (for organizations).
2. Submit the Application:
   • File the application at IPOPHL’s Bureau of Copyright and Other Related Rights (BCRR) either online or in person.
3. Pay the Fees:
   • Fees vary depending on the type of work. Discounts may be available for specific groups, such as students.
4. Wait for the Certificate of Registration:
   • Upon approval, IPOPHL will issue a certificate confirming your copyright ownership.

Why Register Copyright?

• Provides strong evidence of ownership.
• Simplifies enforcement in cases of infringement.

 

Duration of Copyright

Under Philippine law, the duration of copyright depends on the nature of the creator. For works created by individual authors, copyright protection extends for the lifetime of the creator plus an additional 50 years after their death. This ensures that the creator’s heirs or successors can benefit from the work for a significant period. For works owned by corporations or other legal entities, the copyright lasts 50 years from the date of publication. If the work remains unpublished, the protection applies for 50 years from the date of creation. These provisions aim to balance the rights of creators and the eventual integration of creative works into the public domain.

 

Legal Implications of Copyright in the Philippines

Violations of copyright can result in civil, criminal, or administrative penalties:

• Infringement penalties include paying damages and fines of up to PHP 50,000 for each violation.
• Unauthorized reproduction or distribution may result in imprisonment for up to three years.

Practical Tip: Creators should consider adding copyright notices to their works (e.g., “© [Year] [Name]”) to assert ownership and discourage unauthorized use.

 

What is a Patent?

A patent is a form of intellectual property protection that grants inventors exclusive rights to their inventions, ensuring they have full control over the use, production, and distribution of their creations for a specified period. This legal protection applies to innovations that meet certain criteria, such as being novel, non-obvious, and useful. Patents can cover a wide range of inventions, including new products, processes, machines, or even improvements to existing technologies.

 

By securing a patent, inventors gain the right to prevent others from making, using, selling, or distributing their invention without authorization. This exclusivity allows inventors to commercialize their creations, either by producing and selling them directly or by licensing their rights to others. Patents play a critical role in fostering innovation by incentivizing creators with the promise of economic rewards and safeguarding their competitive advantage in the marketplace.

 

Types of Patents in the Philippines

1. Utility Patents: Cover inventions with a specific function, such as machines or chemical processes.
2. Design Patents: Protect the aesthetic design of functional items.
3. Plant Patents: Cover new plant varieties reproduced asexually.

 

Criteria for Patentability

For an invention to qualify for a patent in the Philippines, it must meet the following criteria:

• Novelty: The invention must be new and not previously disclosed.
• Inventiveness: It must involve an inventive step that is not obvious to someone skilled in the field.
• Industrial Applicability: The invention must have practical use in industry.

 

How to Apply for a Patent in the Philippines

A patent grants exclusive rights over an invention. To secure a patent in the Philippines, the invention must meet the requirements of novelty, inventive step, and industrial applicability.

 

Steps to Secure a Patent:

1. Conduct a Patent Search:
   • Check IPOPHL’s database to ensure the invention is unique and not already patented.
2. Prepare the Application:
   • Draft a patent application, which includes:
     • A detailed description of the invention.
     • Claims outlining the scope of protection.
     • Drawings or diagrams, if applicable.
3. File the Application:
   • Submit the application to IPOPHL’s Bureau of Patents (BOP) either online or in person.
4. Undergo Substantive Examination:
   • IPOPHL will evaluate the application to ensure compliance with patentability requirements.
5. Pay the Necessary Fees:
   • Fees depend on the type of patent being filed (e.g., utility, design).
6. Receive the Patent Grant:
   • If approved, IPOPHL will issue a Patent Certificate valid for 20 years from the filing date.

 

Why Register a Patent?

• Provides exclusive rights to commercialize the invention.
• Enables legal action against infringers.

 

Duration of Patent Protection

A utility patent is valid for 20 years from the filing date, providing protection for new and useful inventions, processes, or compositions of matter. In contrast, a design patent, which safeguards the unique ornamental design of a manufactured item, lasts for 15 years from the date of grant. Neither type of patent can be renewed, meaning that once their respective terms expire, the protected invention or design enters the public domain and can be freely used by others.

 

Legal Implications of Patents in the Philippines

Patent infringement is taken seriously under Philippine law. Consequences include:

• Cease-and-desist orders to stop unauthorized use.
• Compensation for damages caused by infringement.
• Criminal charges, including imprisonment of up to three years and fines of up to PHP 300,000.

Example: If a company manufactures a product using a patented process without consent, the patent holder can file for an injunction and seek damages.

Practical Tip: Patent owners should monitor the market for potential infringements and be prepared to enforce their rights legally.

 

What is a Trademark?

A trademark is a distinctive sign, symbol, logo, word, phrase, or a combination thereof, used to identify and differentiate the goods or services of one business from those of others. It serves as a powerful tool for brand recognition, enabling consumers to associate a specific trademark with the quality and reputation of a business. Trademarks are essential for establishing a unique brand identity, fostering consumer trust, and creating a competitive edge in the marketplace. By protecting a business’s intellectual property, trademarks prevent unauthorized use of the mark, ensuring that customers can reliably identify and choose their preferred products or services.

 

Trademark Types and Examples

• Word Marks: Brand names (e.g., “Jollibee”).
• Logos: Unique designs (e.g., the Nike swoosh).
• Taglines: Slogans (e.g., “Just Do It”).
• Trade Dress: Packaging designs and product shapes.

Registration Process for Trademarks in the Philippines

A trademark protects symbols, logos, words, or phrases that distinguish a business’s goods or services.

 

Steps to Register a Trademark in the Philippines:

 

1. Conduct a Trademark Search:
   • Use IPOPHL’s trademark database to check if the mark is available and unique.
2. File an Application:
   • Prepare the required documents, including:
     • Application form.
     • Representation of the mark (e.g., image or text).
     • List of goods or services associated with the mark.
3. Submit the Application to IPOPHL:
   • File the application online via IPOPHL’s TM Online System or submit it in person.
4. Respond to Examination Reports:
   • IPOPHL will review the application for compliance. If there are issues, the applicant must address them.
5. Publication for Opposition:
   • The trademark is published in the IPOPHL Gazette for a 30-day opposition period, during which third parties can challenge the registration.
6. Pay the Necessary Fees:
   • Fees vary depending on the number of classes under which the mark is registered.
7. Receive the Certificate of Registration:
   • Once approved, the trademark is valid for 10 years and can be renewed indefinitely.

Why Register a Trademark?

• Secures exclusive rights over brand identifiers.
• Provides a basis for legal action in cases of infringement.

Duration of Trademark Protection

A registered trademark is valid for 10 years, renewable indefinitely. However, proof of use is required to maintain registration.

 

Legal Implications of Trademarks in the Philippines

Using a registered trademark without authorization constitutes infringement. Penalties include:

• Fines of up to PHP 200,000.
• Imprisonment for up to two years.
• Confiscation of infringing goods.

Example: If a competitor uses a logo similar to a well-known brand to mislead consumers, the brand owner can file a lawsuit for trademark infringement.

 

Key Differences Between Copyright, Patent, and Trademark

Feature	Copyright	Patent	Trademark
Protects	Creative works	Inventions and processes	Brand identity
Automatic or Registered	Automatic	Must be registered	Must be registered
Duration	Lifetime + 50 years	20 years (utility); 15 years (design)	10 years, renewable indefinitely
Governing Body	None (optional registration)	IPOPHL	IPOPHL
Legal Penalties	Fines and imprisonment	Fines, damages, imprisonment	Fines, imprisonment, confiscation

 

Legal and Practical Implications of IP in the Philippines

The Intellectual Property Code of the Philippines provides robust legal frameworks for protecting copyright, patent, and trademark. These laws encourage innovation and creativity by ensuring that creators and businesses can benefit from their work. However, enforcement requires vigilance.

 

Common Issues and Solutions

• Misuse of Symbols: Using the ™ or ® symbol improperly can lead to penalties. Businesses should understand these designations.
• Infringement: Companies must actively monitor for unauthorized use of their IP.
• Renewals: Trademarks and patents require timely renewal to maintain protection.

Practical Tips for Businesses

1. Educate Employees: Ensure all team members understand the importance of IP.
2. Hire Legal Experts: Work with IP attorneys to navigate complex regulations.
3. Register Internationally: For global protection, consider registering trademarks and patents internationally via treaties like the Madrid Protocol.

In a competitive world, protecting intellectual property is more important than ever. Understanding the differences between copyright, patent, and trademark empowers individuals and businesses to secure their creations, inventions, and brands.

 

In the Philippines, leveraging these protections ensures compliance with local laws while fostering innovation and creativity. By actively securing and defending intellectual property rights, creators and businesses can safeguard their legacy and contribute to a thriving economy.

 

… and you might just need our assistance.

We, at FilePino, a one-stop-shop business consulting firm trusted by thousands of clients for their business formation and post-formation needs, offer a comprehensive trademark registration service in the Philippines. 

With our sister company, Duran & Duran-Schulze Law, we guarantee that there will be an in-house team of lawyers and trademark specialists, who can provide you with accurate information and complete guidance throughout the trademark registration process. 

Ready to register your trademark? Set up a consultation with FilePino today! Call us at (02) 8478-5826 (landline) and 0917 892 2337 (mobile) or send an email to info@filepino.com.