Quiz

• Intellectual Property


  Knowledge, creative ideas, or expressions of human mind that have commercial value and are protectable under copyright, patent, service mark or trademark, or trade secret laws from imitation, infringement, and dilution
• Intellectual property includes


  • Brand names
  • Discoveries
  • Inventions
  • Knowledge
  • Registered designs
  • Software
  • Work of artistic, literary, or musical nature
• Reasons to protect intellectual property

  • It is an expression and protection of the moral and economic rights of creator and authors in their pieces of work
  • It can promote creativity, as well as support economic and social development
• Categories of intellectual property

  • Industrial property
  • Copyright
• Industrial property


  Includes trademarks or service marks, layout designs of integrated circuits, commercial names and designations, as well as geographical indications, and protection against unfair competition
• Copyright


  Refers to all "artistic creations like poems, novels, music, paintings, and cinematographic works"
• Only the author who can make copies of a literary or artistic work such as a book, a painting, a sculpture, a photograph, or a motion picture
• The author's rights include the prevention of reproduction of such literary or artistic work except when there is an authorization obtained from him or her
• Copyright validity period in the Philippines

  • Literary works: During the lifetime of the author plus 50 years after death
  • Art: 25 years from the date of creation
  • Photographic work: 50 years from publication
  • Audio-visual work: 50 years from publication
  • Sound recording: 50 years from year recording took place
  • Broadcast recording: 20 years from date of broadcast
  • Trademark: Valid for 10 years and may be renewed for a periods of 10 years
  • Invention patent: Valid for 20 years from filing date application
• Fair use


  You can use copyrighted material without a license only for certain purposes like commentary, criticism, reporting, research, and teaching
• Guidelines for fair use

  • A majority of the content you create must be your own
  • Give credit to the copyright holder
  • Don't make money-off of the copyrighted work
• Creative Commons


  An American non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share
• Creative Commons licenses


  • Attribution: You must credit the creator
  • Non-Commercial: You can't make a profit
  • No Derivative Works: You can't change the content
  • Share Alike: You can change the content, but you have to let other people use your new work with the same license as the original
• Types of intellectual property under industrial property

  • Patent
  • Industrial design
  • Integrated circuits
  • Trademark
  • Trade name
  • Geographic indication or indications and appellations of origin
• Patent


  A right given to an inventor to exclude anyone from using or benefitting from the invention for a period of 20 years
• Industrial design


  Refers to the aesthetic aspect of a material. Aesthetics refers to the shape, pattern, or color of the object or material. Creators of the industrial design are given the exclusive right to "make, import, sell, hire or offer for sale articles to which the design is applied or in which the design is embodied" for 10 to 25 years
• Integrated circuits


  Refer to the designs or schematics used in the manufacture of electrical equipment. Protection is needed to avoid any unwanted copying
• Trademark


  A sign or a combination of signs in the form of words, numerals, pictures, shapes, and colors; distinguishing the goods or services of one enterprise from those of other enterprises. The period of protection varies from one country to another but trademark can be renewed for an indefinite period
• Trade name


  Identifies a company or an organization. The protection given under intellectual property is that the name cannot be used by another organization
• Geographic indication or indications and appellations of origin


  A sign used for goods which have specific geographical origins and have certain characteristics of their particular places of origin
• Geographic indication examples


  • Florida oranges
  • Washington apples
  • Manila hemp (a fiber named after the abaca plant, which is cultivated and processed in the Philippines)
  • Manila envelopes
  • Manila paper
• Manila hemp was not given much protection so the demand for the product declined. Other countries like Ecuador have been producing fiber similar to Manila Hemp
• Acts considered dishonest practices under protection against unfair competition


  • All acts of such nature as to create confusion with the establishment, the goods or the industrial or commercial activities of a competitor
  • False allegations in the course of trade of such nature as to discredit the establishment, the goods or the industrial or commercial activities of a competitor
  • Indications or allegations, the use of which in the course of trade are liable to mislead the public as to the characteristics of certain goods
• Competitive analysis helps identify strengths and weaknesses of competitors and develop strategies to differentiate from them.