G4

• Computer Program

  • Set of instructions in a form readable by computers, capable of achieving specific tasks or results
  • Written in programming languages, which act as intermediaries between human-readable code and machine-executable instructions
• Intellectual Creation


  Refers to the conception or production of original ideas, concepts, designs, or works that are the result of human creativity and intellect
• Intellectual Property Code of the Philippines (RA 8293) is an act prescribing the Intellectual Property Code and establishing the Intellectual Property Office, providing for its powers and functions, and for other purposes
• Intellectual Property


  • Refers to creations of the mind, like inventions, literary and artistic works, designs, symbols, names, and images
  • It's an intangible property, meaning it doesn't have a physical form
  • IP rights grant the owner exclusive rights to their creation for a limited period, allowing them to control how it's used and benefit from it financially
• Types of Intellectual Property Rights

  • Copyright and Related Rights
  • Trademarks and Service Marks
  • Geographic Indications
  • Industrial Designs
  • Patents
  • Layout Designs
  • Protection of Undisclosed Information
• Most Common Intellectual Property

  • A trademark
  • A copyright
  • A patent
• Copyright infringement (colloquially referred to as piracy) is the use of works protected by copyright law without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work
• Patent infringement, or the violation of the rights secured by the owner of a patent, occurs when someone makes unauthorized use of another's patent
• Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licenses
• Issues on Copyright Infringement

  • Technology
  • International Issues
  • Photography and Visual Assets
  • Non-Economic Rights
• Copyright Office has been made aware of various copyright issues from photographers, illustrators, and graphic artists
• Not all copyright infringement results in a measurable monetary loss per se
• Moral rights


  Enforced rights covering an author's right to be identified as the author of a work; called the right of attribution
• The growing importance of the Internet has created new obstacles for copyright holders
• It is easier than ever for copyrighted materials to be accessed by companies around the world
• The creation of new technologies has outpaced the regulatory environment’s ability to ensure that copyrights apply to new formats
• Patent infringement

  Hinges on whether the accused product or method falls within the scope of the patent claims
• Enforcement of patent rights


  Patent holders must actively monitor their patents and enforce their rights through legal action if infringement is suspected
• Defenses in patent infringement cases

  • Challenging the validity of the patent
  • Arguing non-infringement
  • Claiming fair use
• Remedies in patent infringement cases

  • Injunctions to stop the infringing activity
  • Monetary damages
  • Attorney fees
• International considerations in patent infringement

  • Enforcement actions in multiple jurisdictions
  • Navigating international treaties and agreements
• Trademark infringement

  Unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services
• Similarity of Marks


  Primary issue in trademark infringement cases; similarity between the allegedly infringing mark and the registered trademark in visual, phonetic, or conceptual aspects
• Use of Identical or Similar Goods/Services

  Another critical issue in trademark infringement; use of identical or similar goods or services in connection with the infringing mark
• Bad Faith Registration


  Trademark infringement arising from bad faith registration of trademarks with the intention of capitalizing on the goodwill and reputation associated with another party's trademark
• Counterfeiting


  Production and sale of counterfeit goods bearing identical or substantially similar trademarks to well-known brands
• Issues related to online trademark infringement

  • Cybersquatting
  • Domain name hijacking
  • Sale of counterfeit goods through online channels