Cards (43)

  • Intellectual Property (IP)

    Human ideas that can be protected by law
  • Intellectual property rights
    • Unauthorized use of IP assets
    • A right given to a person over the creation of their mind
    • Usually the creator is given an exclusive right over the use of his/her creation for a certain period of time
  • Components of Intellectual Property Right
    • Moral Right
    • Economic Right
  • Moral Right
    • Personal rights that connect the creator to their work (right of attribution)
    • No one can show your work in a way that damages its meaning (right of integrity)
  • Economic Right
    • Personal rights of the creator to exploit his/her creation EXCLUSIVELY
    • To exploit means to produce/reproduce, to license, or to sell his/her creation to the public
  • The intellectual property (IP) system has been established to protect individuals' innovative ideas both within their own Countries and globally
  • General Characteristics of intellectual property rights
    • Exclusive
    • Territorial
    • Time-limited
  • Types of Intellectual Property
    • Copyright and Related Rights
    • Patents and Utility Models
    • Industrial Designs
    • Layout-Designs (Topographies) of Integrated Circuits
    • Trademarks, Service Marks, Collective Marks
    • Geographical Indications
    • Undisclosed Information
  • Categories of Intellectual Property Rights
    • Unregistered IPRs
    • Registered IPRs
  • Unregistered IPRs
    • Copyright
    • Confidential Information / Trade Secrets
    • Geographical Indications
  • Registered IPRs
    • Industrial Designs
    • Layout-Designs of Integrated Circuits
    • Patents and Utility Models
    • Trademarks and Service marks
  • UF UNIVERSITY of FLORIDA
    • Developed as an electrolytic thirst quencher for use by its football team
    • Formula was patented and acquired value
    • Trademark - GATORADE
    • Since 1973, Gatorade has brought more than $80 million to the university
    • Patent expired after 17 years but the trademark remained in force and continued to produce income for the university
  • Popular Filipino Inventors
    • Yoyo - Pedro Flores
    • Medical Incubator - Fe del Mundo
    • Erythromycin - Abelardo Aguilar
    • Patis - Ruperta David, also known in history as Aling Tentay was responsible for its accidental discovery
    • Banana Catsup - Maria Orosa y Ylagan (1893-1945)
    • Anticancer Cream - Filipino inventor Rolando dela Cruz
    • 16-Bit Microchip - Diosdado Banatao developed the first single-chip graphical user interface accelerator that made computers work a lot faster
    • Quink Ink drying ink - invented by Francisco Quisumbing
    • Mole Remover - Rolando dela Cruz
    • Filipino-made Train - Invented by electronics engineer Bryan Yuson
    • 3-in-1 fire truck - Anos fire truck, named "Patriot," - invented by Inventor Alfredo M. Anos, Sr
  • Invention
    Product or process that provides a technical solution to a specific problem in any field of human activity (WIPO)
  • Patent
    Protects the ideas for solving a particular technical problem experienced by people in their work and everyday life
  • Criteria for an invention to be considered patentable
    • Novelty
    • Inventive step
    • Industrial applicability
  • Novelty
    The invention must be new and not already existing in the prior art
  • Inventive step
    The invention is not obvious to a person with ordinary skill in the relevant field or technology
  • Factors for assessing inventive step
    • The problem being addressed
    • The solution provided by the invention
    • The advantageous effects of the invention compared to the existing prior art
  • Industrial Applicability
    The invention should have practical applications and be capable of being utilized by industries or for practical purposes
  • Utility Model
    An invention classified as a utility model if it meets the criteria of novelty and industrial applicability, but does not necessitate an inventive step
  • Industrial Design
    An intellectual property right that safeguards the visual appearance of a product, focusing on the product's form and aesthetics rather than its functionality
  • Geographical indications
    An intellectual property right that protects products originating from a specific geographical location
  • Layout design of integrated circuits
    The physical arrangement and positions of the various components on a semiconductor water to create a functional electric circuit
  • Trademark
    A symbol, logo, graphic design, or a combination of these elements that identifies the source of a product or service
  • Service mark
    A trademark that identifies the source of a service rather than a product
  • To acquire rights for a trademark or service mark, the owner must go through the registration process
  • Once registered, the owner enjoys rights that remain valid for 10 years, as long as the mark is actively in use. The registration can be renewed indefinitely, but renewal applications must be submitted every 10 years
  • Difference between Brand Name and Trademark
    • Meaning
    • Nature
    • Registration
    • Legal Protection
    • Creation Existence
    • Usage
    • Identity
  • Symbols used in Trademark and Copyrights
    • TM Symbol - used for whenever there is a trademark pending application.
    • SM Symbol - used to represent services but not actual products.
    • R Symbol - only applicable for the brand whom the mark is being registered.
    • C Symbol - a copyright symbol. It aims to protect intellectual creations.
  • Trade Secret
    Confidential information that possesses economic value and is subject to active protection
  • Copyright
    An intellectual property right that protects the literary or artistic creations of the person (author/artist)
  • What copyright protects
    • Property rights (economic rights)
    • Personal rights (moral rights)
  • Economic rights
    The owner's exclusive right to use, reproduce, authorize, or prevent other from copying, reproducing, using, or distributing the work
  • Moral Rights
    • The right to be known as the author of the work (the right of attribution)
    • The right to the integrity of a work (protects the integrity of the work and the author's reputation)
    • The right to publish, disseminate to the public, or modify the published work
  • Derivative work
    Work derived from original/existing works, including a "new edition" of pre-existing works
  • Collective works
    Consisting of compiled data or pre-existing materials, may be eligible for copyright protection as long as the resulting work demonstrates original arrangement and creativity
  • Copyright protection is in effect during the lifetime of the author plus 50 years (Berne Convention and the TRIPS Agreement); however, in Europe and the U.S., it is the lifetime of the author plus 70 years
  • Difference between Plagiarism and Copyright Infringement
    • Plagiarism - Owning someone else's work or ideas, an ethical issue
    • Copyright Infringement - Unauthorized use of copyrighted material, a legal issue
  • Under fair use, the use of a copyrighted work for purposes of criticizing, commenting, news reporting, teaching, creating researches, and other similar purposes is not an infringement of copyright