Main Notes

• 2 Categories of Intellectual property rights?

  Industrial property and Copyright and related rights
• Industrial property


  includes inventions (patents), trademarks, industrial design, and geographic indications ofsource
• Copyright and related rights

  includes literary and artistic works. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
• What are the kinds of intellectual property rights under the Intellectual Property Code of the Philippines ("IPC")?

  1. Copyright and related rights
  2. Trademark and service marks
  3. Geographic indications
  4. Industrial designs
  5. Patents
  6. Lay out designs
  7. Integrated circuit
  8. Protection of undisclosed information
• Copyright and related rights


  Exist over original and derivative intellectual creations in the literary and artistic domain protected from the moment of creation.
• Trademark and service marks

  Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods.
• Geographic indications


  Indications which identify a good as originating from a given territory, a region or locality where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic indication.
• Industrial designs


  Any composition of line or colors or any three-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives a special appearance to and can serve as a pattern for an industrial product or handicraft.
• Patents


  Any technical solution of a problem with any field ofhuman activitywhich is new, involves an inventive step and is industrially applicable.
• Lay out designs


  Synonymous with topography, and it means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture.
• Integrated circuit


  A product, in its final form or an intermediate form, in which the elements are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.
• Protection of undisclosed information


  Means protection of information lawfully held from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: i) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known or accessible to persons within the circles that normally deal with the kind of information ii) has commercial value because it is a secret; and iii) the person lawfully in control of the information, to keep it secret.
• Intellectual Property right is statutory in nature. The rights conferred on Intellectual Property must be provided by law and can only be enjoyed on the terms specified by statute. It is also an incorporeal right which existsseparate and distinct from the material object to which it is attached. Thus, ownership in one does not necessarily vest ownership in the other.