Intellectual Property Law: JM - Personal Notes

INTELLECTUAL PROPERTY LAW
Nov. 15, 2016

1. Copyright
2. Trademarks
3. Patents
4. Trade Services
5. Geographical Indication(GT)
Intellectual Property
-intangible property
-licensed/ protected through registration
-creation of the mind expressedprotection- licensing/ registration
TM
Brand
Name of a person
Symbols
Products
Patents
Industrial designs
Copyright
Arts
Literature
Composition
Film
Photos
taglinesnumbers 360
Shapes
Trade secrets
1. Use
2. Rental/lease
3. Sale
4. Assignment
5. Metes and bounds patentsclaim in your patents
-define well what is covered in your protection
I. Copyright and Related Rights (Neighboring Rights)
Ex. Composition: Song- This is what you came for
Composer: Taylor Swift
Singer/ Performer: Rihanna(she has Related Rights)
II. Industrial Property
1. Trademarks
2. Patents
3. Trade Secrets
4. Industrial Design
5. Traditional Knowledge
COPYRIGHT [originality]
-statutory right
JM| Personal Notes
-what are covered are in the law itself

-expression v. originality: originality- origin can be traced to its author
TRADEMARKS [distinctiveness]
-any visible sign capable of distinguishing goods/services from that of the other
wordmark-(figurative wormark)- if the word is stylized
JM| Personal Notes
devices or embles or logo- figurative mark (ex. , , )

Composite mark- wordmark + logo (ex. Jollibee and the mascot)
Tagline
Trademark v Servicemark
Trademark- distinguish ones GOODS from that of the other
Servicemark- distinguish ones SERVICES from that of the other
PATENT >very clear> disclose
-Royals sign- Letters Patent
-technical solution to a technical problem
1. Novelty
2. Inventive - not obvious
3. Industrial applicability
- effects/result:
People will know how to come up with the invention.
Those who belong to the same industry can still improve your invention.
TRADE SECRETS
-need not be registered
Confidential information
Commercial Value
GEOGRAPHICAL INDICATION (GT)
IP LECTURE NOTES
I. Basic Intellectual Property Information
What is IP? (WIPO definition)
IP refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images
and designs used in commerce.
Pertinent Constitutional Provisions
A. THE BENEFIT TOTHE PEOPLE PROVISO
ARTICLE XIV, SEC. 13.
The state shall protect and secure the exclusive right of the 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.
B. SCIENCE AND TECHNOLOGY
ARTICLE XIV, SEC. 10.
Science and technology are essential for national development and progress. The State shall give
priority to research and development, invention, innovation, and their utilization; ad to science and
technology education, training and services. It shall support indigenous, appropriate, and self-reliant
scientific and technological capabilities, and their application to the countrys productive system and
national life.
ARTICLE XIV. SEC. 12.
JM| Personal Notes
The state shall regulate the transfer and promote the adaptation of technology from all sources for the
national benefit. It shall encourage the widest participation of private groups, local governments, and
community-based organizations in the generation and utilization of science and technology.
C. ART. XII, SEC. 6 vis a vis SEC. 2 of the IP CODE
NATIONAL ECONOMY AND PATRIMONY
ART. XII, SEC. 6.
The use of property bears a social function, and all economic agents shall contribute to the common
good.
IP CODE
DECLARATION OF POLICY
SEC. 2.
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.
D. ART. XII, SEC. 14 AND 19
SEC. 14.
The sustained development of a reservoir of national talents consisting of Filipino scientists,
entrepreneurs, professionals, manages, high-level technical manpower and skilled workers and craftsmen
in all field shall be promoted by the State. The State shall encourage appropriate technology and regulate
its transfer for the national benefit.
SEC. 19.
The State shall regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.
Civil Law Basis- Article 712, 721, 722 and 724
Art. 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate
and intestate succession, and in consequence of certain contracts, by tradition.
They may also be acquired by means of prescription. (609a)
Art. 721. By intellectual creation, the following persons acquire ownership:
(1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work;
(2) The composer; as to his musical composition;
(3) The painter, sculptor, or other artist, with respect to the product of his art;
(4) The scientist or technologist or any other person with regard to his discovery or invention. (n)
JM| Personal Notes
Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the
ownership of their creations even before the publication of the same. Once their works are published, their
rights are governed by the Copyright laws.
The painter, sculptor or other artist shall have dominion over the product of his art even before it is
copyrighted.
The scientist or technologist has the ownership of his discovery or invention even before it is patented. (n)
Art. 724. Special laws govern copyright and patent. (429a)
HISTORICAL BACKGROUND
CASE:
Mirpuri v CA GR No. 114508
CASE:
Tanada v Angara GR No. 118295
DEVT OF IP IN THE WOLRD
PATENTS
Precursors of modern patent system began in England in the 12th Century
Person who introduced a technology imported abroad was granted an incentive (LETTERS
PATENT) which means an open letter = gives him monopoly powers or sole right to use it for a
period enough to establish the formative years of new undertaking.
Based on such rationale, first modern patent law enacted in the Republic of Venice- 1474
1628- Statute of Monopolies (England) 14 yrs protection from grant
1790- USA
1815- France
1826- Spain
1864- Italy
1885- Japan
COPYRIGHT (Territorial in nature)
JM| Personal Notes

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INTELLECTUAL PROPERTY LAW

Nov. 15, 2016

JM| Personal Notes

-what are covered are in the law itself

JM| Personal Notes

devices or embles or logo- figurative mark (ex. , , )

JM| Personal Notes

JM| Personal Notes

JM| Personal Notes

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