HECHANOVA BUGAY VILCHEZ

& ANDAYA-RACADIO

BASICS OF
INTELLECTUAL PROPERTY

ATTY. MARIA GLADYS C. VILCHEZ

DOST-TAPI, IP-FTO Consultant
 Intellectual
property (IP) refers to
creations of the mind, such as
inventions; literary and artistic works;
designs; and symbols, names and
images used in commerce.
IP ASSETS
 Know- how and Resources
• Vendor and suppliers information;
• Customers lists and price points;
• Business and production methods / know-how
• Inventions;
• Machines and manufacturing information;
• Operation and design manuals;
• Ideas and plans;
• Technology Information;
• Formulas and calculations;
• R&D information and reports;
• Sales and marketing information, reports, forecasts
and plans;
• Financial information, documents, budgets and
forecasts;
• Domain names;
• In-house databases;
• Software developed in-house;
• Licenses and franchises;
• Product certificates;
• Prototypes; and
• Laboratory notebooks.
 Legal protection of IP

- turns intangible assets into exclusive property

rights, albeit for a limited period of time.

- enables the rights holder to claim ownership

over its intangible assets and exploit them to
their maximum potential.
 The State recognizes that an effective
intellectual and industrial property system is vital
to the development of domestic and creative
activity, facilitates transfer of technology, attracts
foreign investments, and ensures market access
for our products. xxx (Section 2, R.A. 8293)
CREATION

PROTECTION

COMMERCIALIZATION
 IP (Intellectual Property)
 anything created by or product of the human mind and
intellect
 fixed in tangible form and thus capable of expression,
communication, application, reproduction and
distribution

IPR (Intellectual Property Rights)

 Rights attached to IP
 metes and bounds of ownership
 legal rights on IP
 Exclusive Negative Rights

 Territory Specific

 Time Limited
CLASSIFICATION OF IPR
 Intellectual Property Rights

[a] Copyright and Related Rights;

[b] Trademarks and Service Marks;
[c] Geographic Indications;
[d] Industrial Designs;
[e] Patents;
[f] Layout-Designs (Topographies) of Integrated
Circuits; and
[g] Protection of Undisclosed Information
(Section 4, R.A. 8293)
 What is a patent?
- A grant issued by the Government through the Intellectual
Property Office of the Philippines (IP Philippines).

- An exclusive right granted for a product, process or an

improvement of a product or process which is new, involves
inventive step and is industrially applicable.

- This exclusive right gives the inventor the right to exclude

others from making, selling or using the product of his invention during
the life of the patent. (Term: 20 years from filing date)
Q. Why are Patents necessary?

1. Provides incentives to individuals ,i.e. recognition and

material rewards.

2. Assures the continuous enhancement of the quality of life.

3. Can be utilized as basis for future research and will

in turn promote further creativity, innovation and development.
 Rights of the patent owner:

- decide who may or may not use the patented invention for the period
in which the invention is protected

- give permission to, or license others to use the invention on agreed

terms

- sell the right to the patent to others

- prevent others from making, using or selling the product of his

invention during the life of the patent
 Patentable Inventions

Any technical solution of a problem in any field of

human activity which is new, involves an
inventive step and is industrially applicable
shall be patentable.
 Statutory Classes

- A product;
- A process;
- Computer-related inventions; and
- An improvement of any of the foregoing.
 Examples of Patentable Inventions

Product

• A useful machine
e.g. biogas digester
threshing machine

• A composition
e.g. pharmaceutical product
( vaccine for bovine coronavirus; chemical
substance/composition )
 Examples of Patentable Inventions

A process or method

• Non-biological process
e.g. A method of treating a plant characterized by the
application of growth- stimulating substance or radiation

• Microbiological process
e.g. A process of isolating the bacteria from the soil
Non-Patentable Subject Matter
1. Discoveries
2. Scientific theories, mathematical methods
3. Schemes, rules and methods of performing mental acts, playing
games, doing business, programs for computers per se
4. Methods for treatment of the human or animal body by surgery or
therapy & diagnostic methods practised on the human & animal
body
5. Plant varieties or animal breeds or essentially biological processes
for the production of plants and animals
6. Aesthetic creations
7. Contrary to public order or morality
Non-Patentable Subject Matter/ Not Inventive

a. the mere discovery of a new form or new property of a known

substance which does not result in the enhancement of the known
efficacy of that substance;

b. the mere discovery of any property or new use for a known

substance; and

c. the mere use of a known process unless such known process

results in a new product that employs at least one new reactant.

(R.A. 9502, Universally Accessible Cheaper and Quality Medicines Act

of 2008)
“Known substance” refers to known compound or composition.

“New form” refers to salts, esters, ethers, polymorphs, metabolites,

pure form, particle size, isomers, mixtures of isomers, complexes,
combinations, and other derivatives of a known substance.

“New use” refers to second or further medical use of a known

compound or composition.

“Process” refers to the preparation/method of manufacture/method of

producing a product or composition.

(IPO Examination Guidelines for Pharmaceutical Applications

Involving Known Substances)
(a) Mere discovery of a new form or new property of a known
substance:

Example: Metabolite B of compound A as a non-drowsy antihistamine.

A patient ingesting compound A would necessarily metabolize that

compound to metabolite B. Hence, metabolite B is considered as
inherent even though its existence was not known at the time the prior
art is created because it is the “natural result flowing from” the explicit
disclosure of administering the compound A to a patient.
(b) Mere discovery of a new use of a known substance:

Example: Second medical use of the Compound A directed to the

treatment of erectile dysfunction in a male animal.

Sildenafil Citrate was originally discovered as a cardiovascular agent

and patented by Pfizer. Later, its second medical use in treating
impotence was also found. A second medical patent was refused by
the EPO, due to obviousness determined in published journals.
(b) Mere use of a known process:

Example: A process for preparing an oral formulation of Compound A

directed at the formation of a water-soluble separating layer between
the acid-sensitive core and the enteric coating, wherein the separating
layer was formed in situ by a reaction between the ingredients in the
core and in the enteric coating.

A prior art’s process ingredients, including Compound A, resulted in an

in situ formation of a separating layer. The combination of ingredients
in the core and enteric coating ingredients necessarily resulted in in
situ formation of a separating layer.
NOVELTY
“An invention shall not be considered new if it forms part of Prior Art.”
(Sec. 23, IP Code)

Prior Art -

1. Everything which is made available to the public anywhere in

the world, before the filing date or the priority date of the application.

- patents & registered utility models and industrial designs

- printed publications (printed and published)
- prior knowledge
- prior use and sale
NOVELTY

Prior Art :

2. The whole contents of an application for a patent, utility

model or industrial design registration.
- published in accordance with the IP Code
- filed or effective in the Philippines
- filing or priority date earlier than the application
 It was September of 1964 when a freighter carrying 5500 sheep
docked at Kuwait’s harbor. Only 500 sheep were unloaded when
something went wrong and the freighter capsized with remaining
5000 sheep on board. The dying sheep started contaminating the
water around the harbor, which was a threat to the city’s water
supply. The freighter needed to be raised right away. Using cranes
was not a good idea as it was time-consuming and could have
broken the hull into pieces.

 The Danish inventor Karl Krøyer (sometimes spelled Kroyer or

Kroeyer) came up with a brilliant idea of “a method of raising this
sunken ship” by filling it with buoyant bodies fed through a tube. On
December 31, 1964, he filled the ship with 27 million plastic balls
made of expandable polystyrene foam and weighing 65 tons. The
balls had been airlifted from Berlin to Kuwait.
 Inventor Karl Krøyer received patents for this
method (method of raising sunken or stranded
vessels) in the United Kingdom (GB 1070600) and
Germany (DE1247893). Some sources claim that it
was company BASF that obtained the patents, but
the applicant's name on the patent front pages is
actually Krøyer himself filed patent applications
According to the
patent claim,
buoyant bodies 1
are inserted into a
sunken vessel 4
through a tube 3
from a salvage
ship 2.
Karl later went ahead with filing a Dutch patent
(NL6514306) on his idea. And contrary to what you are
thinking, his patent got rejected. It is said that the
examiners at Dutch PTO found a similar method of raising
a ship in one of Donald Duck’s stories.

In late 1949, in a story of Donald Duck, he used ping pong

balls (buoyant object) to raise a sunken yacht from a lake.
Who might have thought that Mr. Donald Duck had already
invented a solution for a non-existing problem?
 Non-Prejudicial Disclosure:

 Disclosure by the Inventor - must be filed within one (1) year from
the time of disclosure)

 Disclosure by the Patent Office

1. Another application filed by the inventor and should not have
been disclosed by the Office;
2. Application was filed without the knowledge or consent of
the inventor by a third party which obtained the information
directly or indirectly from the inventor;

 Third party which obtained the information directly or indirectly from

the inventor
 NON PREJUDICIAL DISCLOSURE

Country General grace Grace period for utility

period for any sort models
of public disclosure
US 1 yr The US does not register
utility models
Canada 1 yr
Japan 6 mo
Russia 6 mo
Europe – all states NO general grace The EPO does not register
in EPO period utility models, but many
European countries do.
Spain Same as EPO
Germany, Austria, Same as EPO 6 months general grace
Czech Republic, period for any type of
disclosure..
Hungary
Portugal Same as EPO

China No general grace

period
INVENTIVE STEP

An invention involves an inventive step if, having

regard to prior art, it is NOT OBVIOUS to a
person skilled in the art at the time of the filing
date or priority date of the application claiming the
invention. (Sec. 26, IP Code)
 No Inventive Step/Obvious

- Not beyond normal progress of technology

- Follows plainly or logically from Prior Art

- Does not require skill or ability beyond that to be

expected of the person skilled in the art
 Person Skilled in the Art

1. Ordinary practitioner (fictional person)

2. Has access and understanding to all the prior art
3. Aware of common general knowledge in the specific art
4. Observes developments in the related technical field
5. Could be a team
6. No inventive ability
EXAMPLE
GOLF BALL CASE
(Selection of known material based on its suitability for the intended use)
1. Problem
- Abrasion Resistance
2. Solution to the Problem
- Applying rigid polyurethane material to the surface
of the golf ball
3. No Inventive Step
- Rigid polyurethane is known to be highly abrasion resistant
- Applying the substance to solve the abrasion problems in
golf balls would be an obvious matter to a person skilled in
art
4. Might be Inventive, IF
- There is an improved and unexpected result by significantly
increasing the flight of the ball (strong evidence of the
presence of invention)
EXAMPLE
Problem: Gripping problems
with regards to handles
of sports rackets such as
tennis rackets greatly
affects the performance
of the player.
Solution: A gripping contour is
provided on the handle
of the racket to allow a
firm grip thereon.

Gripping Contour
NOVELTY ISSUE:

Prior Art A INVENTION

Teaches a tennis racket Tennis Racket with Gripping Contour
INVENTIVE STEP ISSUE:

Prior Art B
Prior Art A
Teaches a gripping contour on
Teaches a tennis racket the handle of a sports racket
FIRST-TO-FILE Rule --> The Right to a Patent shall belong to:

1. Person who first filed an application

2. Applicant who has the earliest Filing Date or Priority Date

Patent Application “A” Must be filed in Japan on

“A” was filed on or before February 7, 2018 to
PRIOR SALE in avail of the effect of the filing
February 7, 2017 in Japan in
the PHILIPPINES date in the PHILIPPINES
June 2010

“B” files same “C” files same

application “A” filed in the Japan
application
in Japan DECEMBER 2017
in Japan
MARCH 2017 OCTOBER
2017
 REQUIREMENTS FOR FILING A PATENT
APPLICATION

1.Request for Grant (Request Form)

2. Specification and Claims
3. Drawings, if any
4. Payment of Fees (Filing fee, fees for excess claims, etc.)
5. Other Documents:
a. Certified copy of corresponding foreign application
(if priority date is claimed)
b. Deed of Assignment
c. Power of Attorney
 THE REQUEST FORM

The REQUEST FORM shall include the following

Information:
1.Title of the Invention
2. Name of the Applicant & Inventor
3. Name of Agent or Representative
4. Priority Claim, if any
5. Signature of the Applicant/s or Representative/s
6.Checklist
CONTENTS OF THE SPECIFICATION

1. Abstract of the Disclosure

2. Title of the Invention
3. Technical Field
4. Background of the Invention
5.Summary of the Invention
6. Brief Description of the Drawings
7. Detailed Description
8. Claim/s
 1. PROCESS FLOW FOR A GRANT OF PATENT

APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

Filing Of:  Receives

 Request
 Description  Assigns Filing
 Fees upon filing or Date
within a 30-day  Conducts “FORMALITY
grace period “EXAMINATION"
Specification/Claim Format
Contents of the Request Form
Drawings
Appointment of Resident Agent
Other Formal Matters
2. PROCESS FLOW FOR A GRANT OF PATENT
APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

 Sends Examiner’s Action,

If necessary, two (2) months to
respond, two (2) extensions
Ex Parte Proceedings
 Application CLASSIFICATION

 Conducts Prior Art SEARCH

 PUBLICATION of Application
with Search Report after 18 months
from the filing date
 3. PROCESS FLOW FOR A GRANT OF PATENT

APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

 Request for SUBSTANTIVE  Conducts SUBSTANTIVE

EXAMINATION, if desired EXAMINATION

Industrial Applicability’
Novelty; and Inventiveness
Sufficiency of Disclosure,
Unity of Invention
Other Issues

 Sends Communication,
if necessary (Examiner’s
ACTION)
 4. PROCESS FLOW FOR A GRANT OF PATENT

APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

 Replies, if required
 FINAL REFUSAL
_______
_______
 APPEAL _______
 GRANT (Letters Patent) _______
_______

 Pays Maintenance Fee  PUBLICATION of GRANT

 Maintains Patent
Any technical solution of a problem in any field of
human activity which is new and is industrially
applicable.
 Kinds of Protection - Utility Model

1. In Germany “Gebrauchsmuster” - patent-like

2. Also called “short-term patent”,“petty patent”
“innovation patent”, “incremental patent”,“certicat d’utilite”
3. Similar to patent
4. Shorter term of protection (7 years from filing without
renewal)
5. No substantive examination/no inventive step required
6. Only formality examination
7. Only few countries offer UM protection, e.g. Canada, Austria
Germany, France, Philippines
8. Can be converted to a patent application during pendency
EXAMPLE
Problem: Gripping problems
with regards to handles
of sports rackets such as
tennis rackets greatly
affects the performance
of the player.
Solution: A gripping contour is
provided on the handle
of the racket to allow a
firm grip thereon.

Gripping Contour
INVENTIVE STEP ISSUE:

Prior Art B
Prior Art A
Teaches a gripping contour on
Teaches a tennis racket the handle of a sports racket
EXAMPLE
1. Any composition of lines or colors

2. Any three-dimensional form

3. Gives special appearance and serves as pattern to an

industrial product or handicraft
Examples
CONTENTS OF THE SPECIFICATION
(Industrial Design)

1.Title of the Design

2. Brief Description of the several views of
the Drawings
3. Characteristic Features of the Design
4. Claim
 Example
of Industrial Design
 Example
of Industrial Design
 Example of Industrial Design
(Specification and Claim)

SPECIFICATION

Title: A Bottle
Brief Description of the Drawings:
Figure 1 is a perspective view of the present design
for a Bottle;
Figure 2 is a side elevational view thereof;
Figure 3 is a top view thereof; and
Figure 4 is a bottom view thereof.
Claim:
The ornamental design for a Bottle substantially as
shown in the drawings.

Juan de la Cruz
Designer
 1. Utility Model and Industrial Design
REGISTRATION PROCEDURE

APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

Filing Of:  Receives
 Request  Assigns Filing Date
 Description Forwards to UMID Division
 Payment of Fees  Conducts “FORMALITY
upon filing or EXAMINATION”
within a 30-day
grace period Specification/Claim Format
Contents of the Request Form
Drawings
Appointment of Resident Agent
Other Formal Matters
 2. Utility Model and Industrial Design
REGISTRATION PROCEDURE

APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

 INFORMAL
(Sends Communication)
 Applicants’ Response
(two (2) months) from mailing date
 Two (2) extensions of two (2) months
each with payment
 If withdrawn, REVIVAL four (4) months
from date of withdrawal with payment
 3. Utility Model and Industrial Design
REGISTRATION PROCEDURE

APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

 RECOMMENDS FOR FILES

PUBLICATION ADVERSE
INFORMATION
 PUBLISHED in O.G {must be filed within two for
OPPOSITION (2) months from publication}
 4. Utility Model and Industrial Design
REGISTRATION PROCEDURE

APPLICANT IP PHILIPPINES PUBLIC

(First Party) (Second Party) (Third Party)

 REFUSED
(For Appeal)
______
______
 Grants REGISTRATION ______
______
Pays  Maintains Industrial
______
Maintenance Fee Design (2 five year terms)

 Utility Model No
Renewal
 May file petition to
CANCEL
Basic Differences between Patent, Utility Model and Industrial Design

Categories Patent (Invention) Utility Model Industrial Design

Subject Matter of Apparatus (Product) Apparatus (Product) Article of manufacture (Over-

Protection & Method (Process) & Method (Process) all aesthetic and pleasing
appearance of the article of
manufacture.)

Novelty YES YES YES

Inventive Step YES NO NO

Industrial Applicability YES YES YES

More than one (1) Only one (1) generic

Claim generic claim is claim is allowed. No Omnibus type of claim
allowed and limit on the number
dependent claims of dependent claims.

Ornamental Features of
shape, configuration, NO NO YES
form, or a combination
thereof

Term of Protection Twenty (20) years Seven (7) years from Five (5) years from the date
from the date of the date of filing of filing with 2 five year term
filing with payment of without renewal renewals upon payment of
annuities fees
D. Layout-Design of Integrated Circuit

• Original topography (picture of a surface)

of elements
• Three-dimensional disposition prepared
for an integrated circuit intended for
manufacture
• One is an active element of an integrated
circuit
• Term of protection is 10 years, not
renewable
EXAMPLE
How is copyright acquired?

Works are protected by the sole fact of their creation,

irrespective of the mode or form of expression, as well as
their content, quality and purpose.

Sec. 172.2, IP Code

Requisite for Copyright

Originality:
independent creation +
modicum of creativity

Feist Publications v. Rural Telephone

(499 U.S. 340, 111 S. Ct. 1282, 1991)
Idea - Expression Dichotomy

Only the expression of an idea is protected by

copyright, not the idea itself.

Pearl & Dean Inc. vs. Shoemart Inc.

(G.R. No. 148222. August 15, 2003)
Unprotected Subject Matter

• idea, concept, principle

• procedure, system,
method of operation
• discovery or mere data
• news, items of press information
• official text, translation of laws
• work of the government
Works protected by copyright
> Original Literary & Artistic Works

 Books & other writings;

periodicals; lectures,
addresses; letters;
 Dramatico-musical compo;
 Musical compositions;
 Drawing, painting, architecture,
sculpture;
 Ornamental designs, applied art;
 Illustrations, maps;
 Drawings or plastic work;
 Photographs;
 Audiovisual works;
 Illustrations & ads;
 Computer programs;
 Other literary, scholarly,
scientific, artistic works.
> Derivative Works

 Dramatizations, translations,
adaptations, & other alterations;

 Collections of literary,
scholarly or artistic works;
compilations of data.

N.B. Collection/compilation must be original by reason of the

selection/arrangement of contents.
 Economic Rights

 Reproduction
 Transformation
 First public distribution
 Rental
 Public display
 Public performance
 Communication to the public
Reproduction
Transformation

https://prodimage.images-
bn.com/pimages/9780545582889_p0_v
2_s.jpg
First Public
Distribution
Rental
 Moral Rights

 Attribution
 Alteration prior to or
withhold from publication
 Object to prejudicial distortion
 Restrain use of name
Rights of performers

Rights of
phonogram/sound
recording producers

Rights of broadcasting organizations

Who owns the copyright?

• literary & artistic works – author

• works of joint authorship – co-author
• joint works with separable parts – each part’s author

• work not part of regular duties – employee

• work part of regular duties – employer
• commissioned work – creator

• audiovisual work – producer, director, etc.

• letter – writer
• original work – life + 50 years pma*
• derivative work – life + 50 years pma
• work of joint authorship – last life + 50 years pma
• anonymous/pseudonymous work – 50 years from
publication or making
• work of applied art – 25 years from making
• photograph – 50 years from publication or making
• audiovisual works – 50 years from publication or
making

*post mortem auctoris – after the death of the author

At any time during the subsistence of the copyright, the
owner of the copyright or of any exclusive right in the work
may, for the purpose of completing the records of the
National Library and the Supreme Court Library, register
and deposit with them, by personal delivery or by
registered mail, two (2) complete copies or reproductions
of the work in such form as the Directors of the said
libraries may prescribe in accordance with regulations:
Provided, That only works in the field of law shall be
deposited with the Supreme Court Library. Such
registration and deposit is not a condition of copyright
protection.

Sec. 191, IP Code

(a) Directly commits an infringement;

(b) Benefits from the infringing activity of another

person who commits an infringement if the person
benefiting has been given notice of the infringing
activity and has the right and ability to control the
activities of the other person; or

(c) With knowledge of the infringing activity, induces,

causes or materially contributes to the infringing
conduct of another.
Sec. 216
We believe that respondent Robles’ act
of lifting from the book of petitioners
substantial portions of discussions and
examples, and her failure to
acknowledge the same in her book is an
infringement of petitioners’ copyrights.

Habana, et al., v. Robles

It does not necessarily require that the entire
copyrighted work, or even a large portion of
it, be copied. If so much is taken that the
value of the original work is substantially
diminished, there is an infringement of
copyright and to an injurious extent, the
work is appropriated.

Habana, et al., v. Robles

The fair use of a copyrighted work for
criticism, comment, news reporting,
teaching including limited number of
copies for classroom use, scholarship,
research, and similar purposes is not an
infringement of copyright…
Sec. 185.1
(a) Purpose and character of the use, including
whether such use is of a commercial nature or
is for non-profit educational purposes;
(b) Nature of the copyrighted work;
(c) Amount and substantiality of the portion used
in relation to the copyrighted work as a whole;
and
(d) Effect of the use upon the potential market for
or value of the copyrighted work.

• Sec. 185.1
WIPO Internet Treaties

• Purpose: to update & improve the protection

afforded by the existing copyright treaties.

• Ensure that the copyright holders will continue to

be protected when their works are disseminated
through the Internet.

• Technological protection measure (TPM) and rights

management information (RMI)
… (M)aximum penalty… shall be imposed when the
infringement is committed by:

(a) circumvention of effective TPM;

(b) removal or alteration of any electronic RMI…
knowingly and without authority; or
(c) distribution, importation for distribution,
broadcast, or communication to the public of
works or copies of works… knowing that
electronic RMI has been removed or altered
without authority.
Sec. 217.2
What is a trademark?

"Mark" means 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. (Sec. 121.1,
R.A. 8293)
What are the functions of a trademark?

 (1) they indicate origin or ownership of the articles to

which they are attached;

 (2) they guarantee that those articles come up to a

certain quality; and

 (3) they advertise the articles thy symbolize.

(Mirpuri v. Court of Appeals, 318 SCRA 516.)

How are trademark rights acquired?

The rights in a mark are acquired through registration

made validly in accordance with the provisions of the
Intellectual Property Code. (Sec. 122, R.A. 8293)
A mark cannot be registered if:

(a) it is identical with or confusingly similar to:

(i) a registered mark belonging to a different proprietor

used on the same or closely related goods or services;

(ii) a mark well-known internationally and in the Philippines,

whether or not it is registered here, and used for identical or
similar goods or services;

(iii) well-known mark, registered in the Philippines, with

respect to goods or services which are not similar to those with
respect to which registration is applied. (N.B. Proviso)
(b) it consists exclusively of signs or indications:

(i) that are generic for the goods or services that they seek to
identify;

(ii) that have become customary or usual to designate the goods

or services in everyday language or in bona fide and established
trade practice;

(iii) that may serve in trade to designate the kind, quality, quantity,
intended purpose, value, geographical origin, time or production
of the goods or rendering of the services, or other characteristics
of the goods or services.
A mark cannot be registered if:

(c) consists of shapes that may be necessitated by technical factors

or by the nature of the goods themselves or factors that affect
their intrinsic value;

(d) consists of color alone, unless defined by a given form;

(e) consists of the flag or coat of arms or other insignia of the

Philippines or any of its political subdivisions, or of any foreign
nation, or any simulation thereof.
(f) it consists of a name, portrait or signature of a living individual
except by his written consent, or the name, signature, or portrait
of a deceased President of the Philippines, during the life of his
widow, if any, except by written consent of the widow;

(g) it consists of immoral, deceptive or scandalous matter, or matter

which may disparage or falsely suggest a connection with
persons, living or dead, institutions, beliefs, or national symbols,
or bring them into contempt or disrepute;

(h) it is contrary to public order or morality.

Trademark Rights

The owner of a registered mark has the exclusive

right to prevent all third parties not having the owner’s
consent from using in the course of trade identical or
similar signs or containers for goods or services
which are identical or similar to those in respect of
which the trademark is registered where such use
would result in a likelihood of confusion. (Sec.147.1)
Geographical indications and appellations of origin
are signs used on goods that have a specific
geographical origin and possess qualities, a
reputation or characteristics that are essentially
attributable to that place of origin. Most commonly, a
geographical indication includes the name of the
place of origin of the goods. - WIPO
Some examples include – Darjeeling Tea which originates
in Darjeeling India; Cuban cigars which are made from
tobacco leaves grown in Cuba and roughly rolled into
shape; Champagne which is produced from grapes grown
in the Champagne region of France; and, Tequila which is
a distilled beverage made from the blue agave plant,
primarily in the area surrounding the city of Tequila,
Mexico.
What is a trade secret?
- Any valuable business information that is not generally
known and is subject to reasonable efforts to preserve
confidentiality.

- Subject matter -- includes sales methods, distribution

methods, consumer profiles, advertising strategies, lists
of suppliers and clients, source code for computer
programs, formulas, industrial and manufacturing
processes.
Famous Trade Secrets

 The Google Search Algorithm

 Kentucky Fried Chicken
 Coca-Cola
 Lena Blackburn's Baseball Rubbing Mud
 New York Times Bestseller List
 Listerine
 WD-40
 Twinkies
 Krispy Kreme Doughnuts
 McDonald’s Big Mac Special Sauce
 In order to be legally considered a trade secret, the information
must:

i. be a secret (i.e. it is not generally known among, or

readily accessible to, circles that normally deal with the kind of
information in question);

ii. have commercial value because it is a secret; and

iii. have been subject to reasonable steps by the rightful

holder of the information to keep it secret (e.g., through
confidentiality agreements).

 Protection is lost if and when the secret becomes publicly known.

 A trade secret will be protected from exploitation by:

- those who either obtain access through improper means;

- those who obtain the information from one who they

know or should have known gained access through
improper means;

- those who breach a promise to keep the information

confidential.
 Precautionary measures to protect trade secrets:

- Considering whether the secret is patentable and, if so,

whether it would not be better protected by a patent;

- Making sure that a limited number of people know the secret

and that all those who do are well aware that it is confidential
information.

- Including confidentiality agreements within employees'

contracts.

- Signing confidentiality agreements with business partners

whenever disclosing confidential information.
R.A. 9168 (Plant Varieties Protection Act)
 “Plant” includes terrestrial and aquatic flora.

 “Variety” - a plant grouping within a single botanical taxon of the

lowest known rank, defined by the expression of the characteristics
resulting from a given genotype or combination of genotypes,
distinguished from any other plant groupings by the expression of at
least one (1) characteristic, and considered as a unit with regard to
the suitability for being propagated unchanged.

> A variety may be represented by seed, transplants,

plants, tubers, tissue culture plantlets, and other forms.
SECTION 4. The Certificate of Plant Variety
Protection shall be granted for varieties that are:

a) New;
b) Distinct;
c) Uniform; and
d) Stable.
SECTION 5. Newness. – A variety shall be deemed new if the
propagating or harvested material of the variety has not been sold,
offered for sale or otherwise disposed of to others, by or with the
consent of the breeder, for purposes of exploitation of the variety;

 a) In the Philippines for more than one (1) year before the date of
filing of an application for plant variety protection; or

 b) In other countries or territories in which the application has been

filed, for more than four (4) years or, in the case of vines or trees,
more than six (6) years before the date of filing of an application for
Plant Variety Protection.
 SECTION 6. Distinctness. – A variety shall be deemed distinct if it
is clearly distinguishable from any commonly known variety.

 SECTION 7. Uniformity. – The variety shall be deemed uniform if,

subject to the variation that may be expected from the particular
features of its propagation, it is sufficiently uniform in its relevant
characteristics.

 SECTION 8. Stability. – The variety shall be deemed stable if its

relevant characteristics remain unchanged after repeated
propagation or, in the case of a particular cycle of propagation, at
the end of each such cycle.
In respect of the propagating materials, holders of a Certificate of Plant
Variety Protection shall have the right to authorize any of the following
acts:

a) Production or reproduction;
b) Conditioning for the purpose of propagation;
c) Offering for sale;
d) Selling or other marketing;
e) Exporting;
f) Importing; and
g) Stocking for any purpose mentioned above.

 Rights also extend to the harvested materials if the production resulted

directly from the unauthorized use of the plant’s propagating materials
SECTION 33. Term of Protection. – For trees and
vines, the period of protection shall be twenty-five
(25) years from the date of the grant of the
Certificate of Plant Variety Protection and twenty
(20) years from the said date for all other types of
plants, unless declared void ab initio or cancelled
otherwise.
HECHANOVA BUGAY VILCHEZ
& ANDAYA-RACADIO
 Patent Presentation of Engr. Rey Abraham Negre

 Copyright Presentation of Atty. Louie Calvario

 Invent School IPR Power Point Presentation