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The Philippines has laws on intellectual property
Philippine laws on intellectual property
RA 8293
RA 165
RA 166
Presidential Decree No. 49
RA 8293
An Act prescribing the Intellectual Property Code and establishing the Intellectual Property Office, providing for its powers and functions, and for other purposes
RA 165
An Act creating a patent office, prescribing its powers and duties, regulating the issuance of patents, and appropriating funds therefore
RA 166
An Act to provide for the registration and protection of trade-marks, trade-names, and service marks, defining unfair competition and false marking and providing remedies against the same, and for other purposes
Presidential Decree No. 49
Decree on the protection of intellectual property
The term intellectual property rights consists of (1)copyrights and related rights; (2) trademarks and service marks; (3) geographic indications; (4) industrial designs; (5) patents; (6) layout-designs (topographies) of integrated circuits; and (7) protection of undisclosed information
4 types of intellectual property in the Philippines
Copyrights
Patents
Trademarks
Trade Secrets
RA 10372
Amended the provisions relating to copyright in the Intellectual Property Code of the Philippines. Created the Bureau of Copyright and Other Related Rights (BCRR) which is in charge of copyright matters.
The Philippines is a member of several international copyright treaties and conventions and offers copyright protection to foreign works in accordance with these treaties. The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia.
Copyright protection in the Philippines
Lasts during the lifetime of the author plus 50 years after the author's death. This term of protection also applies to posthumous works.
Works covered by copyright that can be deposited with IPOPHL
Novels
Poems
Plays
Reference works
Newspapers
Advertisements
Computer programs
Databases
Films
Musical compositions
Choreography
Paintings
Drawings
Photographs
Sculpture
Architecture
Maps
Technical drawings
Copyright does not protect ideas, concepts, systems, or methods of doing something.
3 basic requirements for copyright protection
Work of authorship
Original
Fixed in a tangible medium of expression
Patent
A grant given by the government to inventors/applicants in return for disclosing an Invention. It is a legal right to exclusively exploit the invention for the life of the patent. The term of protection is 20 years from the date of filing in the Philippines, with no possibility of renewal.
Patent filing fee in the Philippines
Advance filing fee of P500, remaining balance of P1,500 for small entities or P3,820 for big entities
An idea of a new invention alone cannot be patented. To qualify for patent protection, an invention has to be applied to a product or process and meet the criteria of being new, involving an inventive step, and being industrially applicable.
Patentable Invention
Any technical solution to a problem in any field of human activity which is new, inventive, and useful. Can relate to a product, process or method, computer-related inventions, and improvements.
Importance of applying for a patent
It gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent. Patent owners may also give permission to, or license, other parties to use their inventions on mutually agreed terms.
You can commercialize or use your invention without patent protection, but once your invention is made known to the public, you may not be able to obtain a patent if you decide to apply for protection later because your invention can no longer be considered new.
Conditions for an invention to be deemed patentable
New
Involves an inventive step
Industrially applicable
Non-patentable inventions
Discoveries, scientific theories and mathematical methods
Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers
Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body
Plant varieties or animal breeds or essentially biological process for the production of plants or animals
Aesthetic creations
Anything which is contrary to public order or morality
Maintaining a patent
The term of a patent is 20 years from the filing date of the application. The patent must be maintained yearly, starting from the 5th year.
Article 111 of the IP Code expressly prohibits parallel filing of an invention and utility model applications simultaneously or consecutively.
Agricultural free patent in the Philippines
Land grants awarded to natural-born Filipino citizens in actual occupation and cultivation for at least 30 years of alienable and disposable lands not more than 12 hectares, and have paid the corresponding real property taxes.
The usual form of protection is to apply for a patent with the Bureau of Patents of the Philippine Intellectual Property Office (IPO).
Examples of patents
Wright Brothers' patent for the airplane
Thomas Edison's patent for the light bulb
Alexander Graham Bell's patent for the telephone
Agricultural free patent
Land grant given to natural-born Filipino citizens in actual occupation and cultivation for at least 30 years of alienable and disposable lands not more than 12 hectares, and have paid the corresponding real property taxes
Deadline for application of agricultural free patent
Dec. 31, 2020
Patent
Form of protection to apply for with the Bureau of Patents of the Philippine Intellectual Property Office (IPO)
Patents
Wright Brothers' patent for the airplane
Thomas Edison's patent for the light bulb
Alexander Graham Bell's patent for the telephone
The coca-cola recipe was registered for the patent in 1893. However, the recipe that has changes over time but it will not have patent again. They have a good reason to do so. To obtain a patent, the inventor is required to disclose the recipe fully that will be available for the public after 20 years.
Ilocana invented pink noodles out of dragon fruit peel
Food technology/ chemistry has long been in the area of specialty of Philippine researchers and scientists
Utility Models (UMs) applications with the Intellectual Property Office of the Philippines (IPOPHL) has historically been dominated by resident filings, considering it's more affordable and relatively easier to acquire than invention patents. The UM is intellectual property dealing with minor improvements.
By field of technology, local UM applications have concentrated on food technology since 2014, proof that local innovators still think with their stomach, and that the food and beverage industry is still their target market.
The pink noodles showcases the innovative streak of Filipino researchers – in this case, capitalizing on the abundance of the dragon fruit while helping her province's drive to be the dragon fruit capital of the Philippines.
IPOPHL has had a hand in this IG-worthy innovation too - and not just as the regulatory agency. The utility model for pink noodles was borne out of a patent writeshop it conducted in MMSU.
Mark
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