Intellectual Property Rights

Learning Objectives
At the end of this lesson, the students are expected to:

• Demonstrate understanding of the Intellectual
Property
• Identify various types of intellectual property; and,
• Determine the importance of intellectual property in
business.
What is Intellectual Property?
Intellectual property (IP) refers to creations of the mind, such
as inventions, literacy and artistic works; designs; and
symbols, names and images used in commerce. IP is protected
in law by, for example, patents, copyright and trademarks,
which enable people to earn recognition or financial benefit
from what they invent or create. By striking the right balance
between the interests of innovators and the wider public
interest, the IP system aims to foster an environment in which
creativity and innovation can flourish.
Types of Intellectual Property
• Copyright
• Patents
• Trade Secrets
• Trademarks
• Industrial Design
Copyright
Copyright (or author's right) is a legal term used to describe the rights
that creators have over their literary and artistic works. Works
covered by copyright range from books, music, paintings, sculpture,
and films, to computer programs, databases, advertisements, maps,
and technical drawings.
Copyright Exclusive Rights
1. Right to control the reproduction of the work
2. Right to control the making of derivative works
3. Right to control the distribution of the work
4. Right to control the public performance of the work
5. Right to control the public display of the work
6. Right to perform a sound recording publicly by means of digital audio
transmission
7. Right to control the rental of a computer program or sound recording
8. Right to control the importation of the work
Copyright Application Process
http://web.nlp.gov.ph/nlp/?q=node/646
Patents
A patent is an exclusive right granted for an invention, which is a
product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem. To get a
patent, technical information about the invention must be disclosed to
the public in a patent application.
Patents
There are three types of patents - Utility, Design, and Plant.
Utility patents may be granted to anyone who invents or discovers any
new and useful process, machine, article of manufacture, or
compositions of matters, or any new useful improvement thereof.
Design patents may be granted to anyone who invents a new, original,
and ornamental design for an article of manufacture.
Plant patents may be granted to anyone who invents or discovers and
asexually reproduces any distinct and new variety of plant.
Patents
Patents Application Process
https://www.ipophil.gov.ph/patent/filing/
Trade secrets
Trade secrets are intellectual property (IP) rights on confidential
information which may be sold or licensed.
What qualifies as a trade secret?
In general, to qualify as a trade secret, the information must be:
• commercially valuable because it is secret,
• be known only to a limited group of persons, and
• be subject to reasonable steps taken by the rightful holder of the
information to keep it secret, including the use of confidentiality
agreements for business partners and employees.
The unauthorized acquisition, use or disclosure of such secret
information in a manner contrary to honest commercial practices by
others is regarded as an unfair practice and a violation of the trade
secret protection
Trademarks
A trademark is a word, a group of words, sign, symbol, logo or a
combination thereof that identifies and differentiates the source of
the goods or services of one entity from those of others. If you're a
business, distinguishing your goods or services from others gives you a
competitive edge.
4 types of Marks
Trademarks identify products—i.e., physical goods and commodities—
that are either manufactured, produced, grown, or that exist naturally.
Service marks are exactly the same in principle as trademarks except
that these words, names, symbols, or devices identify and distinguish
the source of a service.
A certification mark is any word, phrase, symbol, or design—or a
combination of any of these—owned by one party that certifies the
goods and services of others when they meet certain standards or
requirements.
Collective marks come in one of two varieties: collective trademarks
and service marks, and collective membership marks.
Trademark application process
https://www.ipophil.gov.ph/trademark/trademark-registration-
process-overview/
Industrial design
Industrial Design is a strategic problem-solving process that drives
innovation, builds business success, and leads to a better quality of
life through innovative products, systems, services, and experiences.

Intellectual Property Rights

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Learning Objectives

At the end of this lesson, the students are expected to:

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