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