THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

(Republic Act No. 8293)

DECLARATION OF STATE POLICY

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. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

DECLARATION OF STATE POLICY

The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.

IP Philippines

The IP Philippines was created to administer and implement the State policies declared in Republic Act 8293, known as the Intellectual Property Code of the Philippines.

Products and Services

• Grant and Registration of Intellectual Property Rights– Grant of Letters Patent for Invention– Registration of Utility Models– Registration of Industrial Designs– Registration of Integrated Circuits– Registration of Trademarks

• Legal Remedies • Enterprise Development

– Patent Search for the Public. Processing and organizing patent documents for classification and developing of search retrieval tools; developing of training modules for patent searches on Philippine patents; providing specialized trainings on search retrieval tools.

– Technology Transfer Agreement Registration. Evaluating compliance of Technology Transfer Agreements to provisions of the IP Code and developing training modules for technology transfer.

– Mediation. Settling disputes on issues involving technology transfer payments and author's rights.– External Training. Organizing training for the public to increase awareness, knowledge and utilization of intellectual

property rights.– Advisory Services. Providing advisory in patenting, trademark registration, copyright, technical and search.

• Copyright Industries Development

– Accreditation System. Establishing and administering an accreditation mechanism for collection societies.– Advisory Services. Assisting in the strengthening of collection societies.– Information, Training and Educational Support. Providing information and education about IP rights for copyright

industries.

THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

The Intellectual Property (IP) refers to any creation or product of the human mind or intellect. It can be an invention, an original design, a practical application of a good idea, a mark of ownership such as trademark, literary and artistic works, among other things. Today it is considered a key component of businesses and most successful companies have recognized the crucial role of intellectual property ensuring their companies' future. Failure to protect IP may spell the difference between the success and failure of a business entity

THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

Copyrights and Related Rights;Trademarks and Service Marks;Geographical Indications;Industrial Designs;Patents;Lay-out designs (Topographies) of Integrated Circuits; andProtection of Undisclosed InformationUtility ModelNew Plant Varieties Protection

COPYRIGHTCopyright protects original expression in the forms of literary, scholarly, scientific and artistic creations. Copyright protection may also be extended to software programs, compilation of databases, and derivative works. Theses may include dramatizations, translation, adaptation, abridgement arrangements, and other alteration of literary or artistic works.

TRADEMARK OR SERVICE MARKTrademark or service mark is a distinctive and visible sign, symbol, emblem or device used by the enterprise to differentiate its good or products (trademark or services (service mark) and shall include a stamped or marked container of goods. The use of the mark generated GOODWILL that gives value to the IP.

GEOGRAPHICAL INDICATIONGeographical indications are indication, which identify goods as originating in the territory of a country or a region or locality in the territory, where a given quality reputation or other characteristics of the goods are essentially attributed to its geographical origin

GEOGRAPHICAL INDICATIONGeographical indications are indication, which identify goods as originating in the territory of a country or a region or locality in the territory, where a given quality reputation or other characteristics of the goods are essentially attributed to its geographical origin

INDUSTRIAL DESIGN Industrial design protects the new ornamental appearance of an article of manufacture.

PATENTPatent is a grant issued by a government giving an inventor the exclusive right to exclude others from making, using, importing, and offering for sale the product of his invention. An invention is any technical solution of a problem in any field of human activity, which is NEW, involves INVENTIVE STEP, and is INDUSTRIALLY APPLICABLE.

LAYOUT-DESIGN OF INTEGRATED CIRCUIT

Layout design of integrated circuits is an original topography (picture of a surface) of elements, at least one of which is an active element and some or all interconnections of an integrated circuit, or such three-dimensional disposition prepared for an integrated circuit intended for manufacture.

UNDISCLOSED INFORMATIONThe protection sought by natural and legal persons who have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information:

• is secret in the sense that is not, as body or in precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

• has commercial value because it is secret; and• has been subject to reasonable steps under the

circumstances, by the persons lawfully in control of the information, to keep it secret.

UTILITY MODELutility model is a "petty" patent for new and industrially applicable technical solution of a problem. A new and useful, but obvious improvement may be protected as utility model.

NEW PLANT VARIETIES PROTECTION

utility model is a "petty" patent for new and industrially applicable technical solution of a problem. A new and useful, but obvious improvement may be protected as utility model.

TERM OF PROTECTION

STARTING A BUSINESS

REWARDS OF GOING INTO BUSINESS OR ENTREPRENEURSHIP

Having unlimited opportunity to make money

When you have your own business, you will most certainly have unlimited potential to earn money. How much money you earn depends on the time and effort you put into your enterprise. Successful entrepreneurs have earned their wealth and prestige through hard work and by having the right product for the right market at the right time.

Being your own boss

As manager of your business, you make the decisions for you enterprise and take full responsibility for these. The quality of these decisions will translate into either gain or loss for your business. Being your own boss means you are in control of your future. You have a better grasp of what you want to be.

Tapping your creativity

A business usually starts out as an idea. You will have the opportunity to harness this creativity and turn your idea into products and processes.

Overcoming challenges and finding fulfillment

Starting a business is by itself an accomplishment. Running a business tests an entrepreneur’s capability in securing and managing resources. How well a business turns out depends on the owner’s ability to face challenges and overcome difficulties.

Helping others

In the process of running a business, an entrepreneur employs workers, and pays them income which improves their lives. An entrepreneur who succeeds and grows also helps suppliers, sub-contractors, dealers and other businesses connected to him succeed and grow too.

Building an entrepreneurial legacy

A business can be a lasting legacy to the family. It can ensure employment for some members of the family. It can create an enterprising culture than can be handed down through the generations.

RISKS OF GOING INTO BUSINESS OR ENTREPRENEURSHIP

Possibility of failure

There is always the possibility of failure – a single wrong business decision can bring a business to bankruptcy.

Unpredictable business conditions

A small business is vulnerable to sudden changes in the business environment. In a fast-paced industry, a small firm may not have the financial capability or the organizational capacity to respond adequately to new opportunities and their concomitant problems.

Long hours of work

A prospective entrepreneur must be ready to spend most if not all his waking hours in the business. Also, family time and personal affairs may be sacrificed.

LOOKING WITHIN (SELF-ANALYSIS)

Do you have what it takes to go into business?

Management Systems International 10 Personal Entrepreneurial

Competencies (PECs)

ACHIEVEMENT CLUSTER

Opportunity-seeking

Persistence

Commitment to work contract

Risk-taking

Demand for quality and efficiency

PLANNING CLUSTER

Goal-setting

Information-seeking

Systematic planning and monitoring

POWER CLUSTER

Persuasion and networking

Self-confidence

1ST GROUP PROJECT

• To invite an entrepreneur as resource speaker to speak in class regarding their own experiences

• Discussion to be guided by the following:– What made you decide to be an entrepreneur?– What made you decide on engaging in your specific business/field?

How did the business opportunity present itself?– What was the biggest break for you in the business?– What were the biggest challenges in the business?– Where to you see the business going in terms of growth?– Advise to would-be entrepreneurs?

• Group to coordinate with school officials re: permits, parking for guests an simple token for the speaker