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BASIC
IP INFORMATION
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Intellectual
Property
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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
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In addition to the
above, the Philippine intellectual property system includes protection for
utility models and new plant varieties |
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COPYRIGHT |
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Copyright 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. |
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TRADEMARK
OR SERVICE MARK |
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Trademark 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. |
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GEOGRAPHICAL
INDICATION |
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Geographical
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
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INDUSTRIAL
DESIGN
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Industrial
design protects the new ornamental appearance of an article of
manufacture.
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PATENT |
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Patent 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. |
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| LAYOUT-DESIGN
OF INTEGRATED CIRCUIT |
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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. |
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| PROTECTION
OF UNDISCLOSED INFORMATION or TRADE SECRET |
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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: |
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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;
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has commercial
value because it is secret; and
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has been
subject to reasonable steps under the circumstances, by the persons
lawfully in control of the information, to keep it secret.
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| UTILITY
MODEL |
| 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. |
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| NEW
PLANT VARIETIES PROTECTION |
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New Plant Varieties Protection as covered under Republic Act No. 9168,
which took effect on July 20, 2002, governs protection for new plant
varieties. To be entitled to protection, the new plant variety must be
distinct, uniform and stable. |
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| TERMS
OF PROTECTION |
| Copyright |
During the
life of the author and for 50 years after his death |
| Trademark |
Ten(10)
years and may be renewed for periods of ten (10) years each |
| Invention
Patent |
Twenty (20)
years from filing date of the application |
| Utility
Model |
Seven (7)
years from filing date of the application without renewal |
| Industrial
Design |
Five (5)
years from filing date of the application and may be renewed for not more
than two (2) consecutive periods of five (5) year each |
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Lay-out
design of Integrated Circuit
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Ten (10)
years from filing date of the application |
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New Plant
Variety
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Twenty-five
(25) years from the date of grant (trees and vines) and twenty (20) years
for all other types of plants. |
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