TECHNOPRE 323

Module 7:
Intellectual
Property
 Description
01 02 Objectives

Introduction
03 04 Discussion
Description
This module define and illustrate
Intellectual Property and its
types. The most well-known
types are copyrights, patents,
trademarks, and trade secrets.
 Course Objectives
At the end of this module, the learner should be able to:

1. Learn What is IP?

2. The main purpose of intellectual property law.
3. Why have IP protection?
4. How much is the cost of protection.
5. Know the different types of IP such as copyright,
trademarks, patents, trade secrets, contracts, non-
disclosure and non-compete agreements.
INTRODUCTION
How do we protect our rights of our
properties?
How do we protect our rights of our
properties?
These are considered as
tangible assets.
A tangible asset is an
asset that has a finite
monetary value and
usually a physical form.
How about intangible
assets? How do we
protect something we
cannot physically
see?
INTANGIBLE ASSETS
✓ Do not physically exist yet they are valuable
because they represent potential revenue
✓ Businesses can create or acquire intangible
assets.
✓ An intangible asset can be considered
indefinite (a brand name, for example) or
definite, like a legal agreement or contract.
TYPES OF INTANGIBLE
ASSETS
BRAND EQUITY
GOODWILL
LICENSE
INTELLECTUAL
PROPERTIES
What is Intellectual Property?
✓ Property that includes intangible creations of the human
intellect
✓ Intellectual property is owned and legally protected by a
person or company from outside use or implementation
without consent.
✓ The most well-known types are copyrights, patents,
trademarks, and trade secrets
Common Types of Intellectual Property

1. COPYRIGHT 3. PATENTS

2. TRADEMARK 4. TRADE SECRETS

1. COPYRIGHT

COPYRIGHTS provide authors and creators of original

material the exclusive right to use, copy, or duplicate their
material. A copyright also states that the original creators
can grant anyone certain exceptions to control reproduction,
performance, new versioning or adaptations, public
performance and distribution of the works.
 1. COPYRIGHT

COVERAGE and photographs

architecture
1. novels, poems, and plays 5. computer programs
2. newspaper articles advertisements, maps, and
films and television programs technical drawings.
3. letters
4. artistic works including
paintings, sculptures, drawings,
 1. COPYRIGHT

DURATION

In the Philippines, copyright protection for artistic, literary

and derivative works lasts during the lifetime of the author
plus 50 years after the author's death. This term of
protection also applies to posthumous works.
1. COPYRIGHT

COST

The application fee is Two Hundred Pesos

(₱200,000.00) per application.
2. TRADEMARK

TRADEMARK is a symbol, phrase, or insignia that is

recognizable and represents a product that legally separates
it from other products. A trademark is exclusively assigned
to a company, meaning the company owns the trademark so
that no others may use or copy it.
2. TRADEMARK

COVERAGE

1. single word, group of words

2. signs • symbols
3. logo marks
4. 3 dimensional marks
5. combination of any of the above
 2. TRADEMARK

DURATION

Trademark registration in Philippines is valid for 10 years

from the date of filing after which it can be frequently
renewed for another 10 years.
 2. TRADEMARK
COST

The government fee for a trademark application in one (1) class is

Two Thousand Five Hundred Ninety-Two Pesos (P2,592.00). If
there are many classes, you just multiply the amount to the
number of classes. If the trademark has color, then an additional
Six Hundred Pesos (P600.00) must be paid for each class.
3. PATENT

PATENT is a property right for an investor that's typically

granted by a government agency. The patent allows the
inventor exclusive rights to the invention, which could be a
design, process, an improvement, or physical invention such
as a machine. Technology and software companies often
have patents for their designs.
 3. PATENT
COVERAGE
An invention must be a technical solution to issues in any field
of human activity. It may come in may forms such as a product,
a device, a machine, or a process. The invention must meet the
following criteria in order to be considered as a patentable
invention the solution:
1. The solution must be new
2. The solution must have an innovative step
3. The solution must be industrially useful
 3. PATENT
DURATION

The term of a patent shall be twenty (20) years from the filing
date of the application. The patent must be maintained yearly,
starting from the 5th year.
 3. PATENT
COST

The government fee for a patent application depends if the

applicant is a small or big entity. It ranges from 45,000-68,000
pesos excluding the annuities which should be paid annually
starting the 5th year after the patent was issued.
4. TRADE SECRETS

A TRADE SECRET is a company's process or practice that is

not public information, which provides an economic benefit
or advantage to the company or holder of the trade secret.
Trade secrets must be actively protected by the company
and are typically the result of a company's research and
development.
 4. TRADE SECRETS
COST

Though there are no official registration costs, there are costs

associated with taking appropriate precautions and security
measures. Trade secrets are not currently defined under any
specific rule of evidence under Philippine law.
 Non-Disclosure Agreement (NDA)

A Non-Disclosure Agreement (NDA), also known as a

confidentiality agreement (CA), confidential disclosure agreement
(CDA), proprietary information agreement (PIA) or secrecy
agreement (SA), is a legal contract or part of a contract between
at least two parties that outlines confidential material,
knowledge, or information that the parties wish to share with one
another for certain purposes, but wish to restrict access to.
 Non-Compete Agreement

A Non-Compete Agreement is a contract between an employee

and an employer in which the employee agrees not to enter into
competition with the employer during or after employment. These
legal contracts prevent employees from entering into markets or
professions considered to be in direct competition with the
employer.
 PH IP Law: Republic Act No. 8293

Republic Act No. 8293

“An Act Prescribing the Intellectual Property Code and

Establishing the Intellectual Property Office, Providing for Its
Powers and Functions, and for Other Purposes”,

otherwise known as the Intellectual Property Code of the

Philippines.
PH IP Law: Republic Act No. 8293

Author: Senator Raul S. Roco

Date Approved: June 6, 1997 by President Fidel V. Ramos

Effectivity Date: January 1, 1998

PH IP Law: Republic Act No. 8293

Author: Senator Raul S. Roco

Date Approved: June 6, 1997 by President Fidel V. Ramos

Effectivity Date: January 1, 1998

PH IP Law: Republic Act No. 8293
The main purpose of intellectual property law is to encourage the
creation of a wide variety of intellectual goods. To achieve this,
the law gives people and businesses property rights to the
information and intellectual goods they create, usually for a
limited period of time. This gives economic incentive for their
creation, because it allows people to benefit from the
information and intellectual goods they create, and allows them
to protect their ideas and prevent copying.
INTELECTUAL PROPERTY OFFICE
The Intellectual Property Office of the Philippines shortened as
IPOPHL, is a government agency in charge of registration of
intellectual property and conflict resolution of intellectual
property rights in the Philippines.
INTELECTUAL PROPERTY OFFICE
The Office shall be divided into six (6) Bureaus:

a) The Bureau of Patents;

b) The Bureau of Trademarks;
c) The Bureau of Legal Affairs;
d) The Documentation, Information and Technology Transfer Bureau;
e) The Management Information System and EDP Bureau;
f) The Administrative, Financial and Personnel Services Bureau.
Intellectual Property Infringement
Copying original and intellectual creations is considered as
copyright infringement and is punishable under Republic Act No.
8293, otherwise known as the Intellectual Property Code of the
Philippines (“IP Code”). In order to prove copyright infringement,
one must show that he has a valid copyright in the work
allegedly infringed and that the perpetrator infringed the victim’s
copyright by copying protected elements of the latter’s work.
Intellectual Property Infringement
Copyright infringement takes on three forms namely
administrative, civil or criminal.

1. Administrative – case between state authority and a person

2. Civil – case between a person against another person
3. Criminal – the state or the government files a case in a
court to punish someone for committing a crime
Intellectual Property Infringement
Copyright infringement is punishable by imprisonment ranging
from one (1) year to nine (9) years and a fine ranging from Fifty
Thousand Pesos (P50,000.00) to One Million Five Hundred
Thousand Pesos (P1,500,000.00) depending on the value of the
infringing materials, damage to the copyright owner and the
number of offenses committed.
 *end of Module 7*

Thank you for listening!

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