Scribd
Upload
4 views

Intellectual Property

Uploaded by

Jerielita Martirez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
4 views

Intellectual Property

Uploaded by

Jerielita Martirez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 44

INTELLECTUAL PROPERTY

(Copyrights, Trademarks, Patents and Design Rights)


Intellectual Property

 Refer to anything created by someone,


including but not limited to inventions,
literacy works, items created by artists
(e.g. artwork, and musical pieces),
symbols, designs, images, pictures and
even names that are used for commercial
purposes.
Why is digital piracy a crime?

(Source: www.quickmeme.com and www.imgflip.com)


Intellectual property is protected in law
WHAT ARE THE DIFFERENT TYPES OF
INTELLECTUAL PROPERTY?

TYPES OF IP

INDUSTRIAL GEOGRAPHICAL
COPYRIGHT PATENT TRADEMARKS
DESIGN ORIGIN
types of intellectual property

TYPES OF IP DEFINITION
1. Copyright • a legal term used to describe the rights
that creators have over their literary and
artistic works
• books, music, paintings, sculpture and
films, to computer programs, databases,
advertisements, maps and technical
drawings
Copyright

Source: http://
www.slideshare.net
/DaeBogan/music-p
ublishing-copyright-
administration-in-th
e-internet-age
Copyright
Republic act 8293
INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES
COPYRIGHT VALIDITY PERIOD
LITERARY WORKS During the lifetime of the author plus
50 years after death
ART 25 years from the date of creation
PHOTOGRAPHIC 50 years from publication
WORK
AUDIO- VISUAL 50 years from publication
WORK
Republic act 8293
INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES
COPYRIGHT VALIDITY PERIOD
SOUND RECORDING 50 years from year recording took
place
BROADCAST 20 years from date of broadcast
RECORDING
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
Cartoon analysis

(Source: http://www.esa.int/About_Us/Law_at_ESA/Intellectual_Property_Rights/What_is_intellectual_property)
types of intellectual property (IP)

IP DEFINITION
2. Patent • an exclusive right granted for an
invention
• provides the patent owner with the right
to decide how - or whether - the
invention can be used by others
Design
Patent
applications
The famous gravity-defying lean of
Michael Jackson
Patent
The Shoes That Made Michael Jackson’s
Anti-Gravity Lean Possible
types of intellectual property (IP)

IP DEFINITION
3. • a sign capable of distinguishing the goods
Trademarks or services of one enterprise from those
of other enterprises.
Trademarks
Trademark infringement?
Trademark infringement?

Mars sues Hershey for trademark infringement over


MALTESER brand
types of intellectual property (IP)

IP DEFINITION
4. Industrial • constitutes the ornamental or aesthetic
Design aspect of an article
• may consist of three-dimensional
features, such as the shape or surface of
an article, or of two-dimensional
features, such as patterns, lines or color
Industrial design
Industrial design
Industrial design
Design infringement?
Patent or industrial design infringement?
types of intellectual property (IP)

IP DEFINITION
5. • signs used on goods that have a specific
Geographical geographical origin and possess qualities,
Indications a reputation or characteristics that are
and essentially attributable to that place of
Appellations
of Origin
origin
• most commonly includes the name of the
place of origin of the goods.
Geographical Indications and
Appellations of Origin
Geographical Indications and
Appellations of Origin
Fair use

Fair use means you can use copyrighted


material without a license only for certain
purposes. These include:
 Commentary
 Criticism
 Reporting
 Research
 Teaching
Fair use

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.
Class activity part 1

Answer and discuss the following guide questions:


1. How can the intellectual property protect the
rights of inventors, scientists, and artists?
2. What acts are considered as a violations of the
Intellectual Property Code?
3. What agencies are in-charge of implementing the
Intellectual Property Code?
Take action against
Infringements
What constitutes Infringement?

 Any reproduction, use , distribution, performance, etc. of the work


without the permission of the owner.
 An identical or substantial similar reproduction is also covered
 Infringement – Damages - Injunction
Remedies for Patent Infringement

• A suit can lie in the District


or
High court ,
• It may issue an injunction
either to prevent the
infringer from any further use
& award damages to the
patent owner or will pay the
patent owner royalties for
further use.
Apple sued HTC over iPhone patents

•Apple sued phone maker HTC and


has filed a complaint with the U.S.
International Trade Commission,
alleging that the Taiwanese company
is infringing 20 Apple patents related
to the iPhone
•Steve Jobs, Apple's CEO, said in a
statement "We think competition is
healthy, but competitors should
create their own original technology,
not steal ours."
Remedies for Trademark Infringement

A suit can lie in District


or High court

• Punishment extends from

6 months to 3 years
• A permanent bans on
engaging in commercial
activities
Example of a successful civil
enforcement action
 3 suits filed by Adidas
Saloman AG in the Delhi
High Court against
counterfeiters

 At the initial stage,


infringing goods were seized
by the Local Commissioner

 Cases were decreed recently


& damages of Rs. 15 lakhs
was awarded to Adidas
Saloman
Remedies for Copyright Infringement

 A suit can lie in the district court or in


a high court u/s 63 of the copyright
act, 1957
 Punishable with imprisonment upto 3
years and fined as per the claims.
COPYRIGHT CLAIMS ON THE BASIS OF
UNDERLYING ARTISTIC WORKS
Ritika Limited v. Ashwani Kumar Ritika Limited v. Nina Talukdar

Ritika Limited v. Sajid Mobin


“…but I didn’t know!”
 Called “Innocent Infringement”
 Occurs when infringer was unaware that
things were Protected.
 No excuse if work properly displays..
“Patent”
Trademark symbol: ®, TM, SM
Copyright notice: © + name + year
Example: Utsav Sarees © 2011-
2012
CONCLUSION

• Create yourself, rather than


using other’s creations
• Do not use competitor’s mark in
such way that it harms
competitor in unfair way
• No comparisons that are likely to
cause confusion
CONCLUSION

 Technological
advancement made the job of
the CREATOR easy
………it also made the job of
the COPY-ER easy.

You might also like