DC45: MEDIA LAWS & ETHICS 2.

Trademarks - phrases, pictures, names or symbols used to identify a

particular organization.
What is Intellectual Property? - property which comes from the Human
 The name of the product associated with the product or service is called
Brain and for which government gives protection is called Intellectual
the trademark.
Property.
 Is anything by which customers recognize a product or the source of a
It refers to the creations of mind:
product
 Inventions
 Words or name associated with the product or service. When the brand
 Literary and artistic works
or trademark is made up of words, we refer to this as wordmark.
 Symbols, names, and images used in commerce.
 Sounds, colors, smells, and anything else that can bring the product
and/or its owner to the minds of a consumer can serve as your
Intellectual Property - property dictates that whatever was created cannot
trademark.
be used by others without due permission, acknowledgement, or
 Most common types: wordmarks, logos, and slogans
compensation (IPR Code of the Phils of 1997).
3. Copyrights - provides exclusive rights to the creators of original artistic
4 Types of Intellectual Property to Protect your Idea
works such as books, movies, songs, and screenplays. Sometimes
 Trade Secrets protects secret information (New Invention, Coke formula)
copyrights are sold and licensed.
 Trade Marks - Protect brands (Apple for cellphones)
 Copyrights - Protect works of authorship (books, movies, drawing)  Copyrights protect original works of authorship that fixed in a “tangible
 Patents - protects functional or ornamental features (swipe feature or medium of expression”
Iphone design)  The authored or creative work has been written down on a piece of
paper, saved on an electronic storage device (hard drive or flash drive),
1. Patents - protect inventions from direct imitation for a limited period of or preserved in some other tangible format.
time. Within the pharmaceutical industry, patents protect the new drugs
created by firms such as Merck and Pfizer for up to 20 years. If a new drug  Movies, videos, photos, books, diaries, articles, and software.
gains acceptance in the market, its patent creates a window of opportunity Copyright does not protect ideas or useful items, which is the function of
for the patent holder to enjoy excellent profits. patents. Although a software program is a functional item, it can be protected
by copyrights due to the creativity used in the selection, ordering, and
Types of Patents arrangement of the various pieces of code in the software.
Utility (Function) - Under patent laws, a utility patent protects a
useful machine, process, manufacture, and composition of matter. 4. Trade Secrets - refer to formulas, practices and designs that are central
Design (Aesthetic) - A design patent protects the ornamentation to a firm’s business and that remain unknown to competitors.
(appearance, looks, shape, etc.) of a product.
 All inventions generally start as a trade secret of the inventor.
Sample of Design Patents include:  Inventors have an instinctual desire to keep their ideas secret. To
 The original iPhone market their invention, they should protect their idea with one or more of
 The glass, curved Coca-Cola made famous in the early 20th century the other types of intellectual property rights: patents, trademarks, and
 The Statue of Liberty copyrights.
 The ever-elusive laugh-crying emoji
 Comic Sans font
2 Kinds of IPR
1. Copyright or Economic Rights - the exclusive right to carry out,
authorize, or prevent the following acts:
a. Reproduction of substantial portion of a work;
b. Dramatization, translation, adaptation, abridgment, arrangement,
or other transformation of a work;
c. The first public distribution of the original and each copy of the
work by sale or other forms of transfer of ownership;
d. Rental of the original or copy of an audiovisual or cinematographic
work…;
e. Public display of the original or a copy of the work;
f. Public performance of the work;
g. Other communication to the public of the work.
2. Moral Rights - grant the author of a work the following rights:
a. Require that the authorship of the works be attributed to him;
b. Make nay alterations of his work prior to, or to withhold it from,
publication;
c. Object to any distortion, mutilation or other modification of, or other
derogatory action in relation to his work;
d. Restrain the use of his name with respect to any work nor of his
own creation in a distorted version of his work.

Length of Copyright Protection

 Copyright in works shall be protected during the life of the author and 50
yrs. After his death
 Works of joint authorship, the economic rights shall be protected during
the life of the last surviving author and 50 years after his death
 Works of applied art the protection shall be for a period of 25 years from
the date of the making.
 Photographic works, the protection shall be 50 years from publication of
the work and, if unpublished, 50 years from the making
 Audio-visual works including those produced by process analogous to
photography or any process for making audio-visual recordings, the
term shall be 50 years from date of publication and, if unpublished, from
the date of the making