Commercial and Taxation Laws

V. Intellectual Property Law (RA 8293, as amended by RA 9150, 9502, and 10372)

Definition

Intangible property rights granted by law to owners of intellectual creations such as inventions, designs, signs, and names used in commerce, and literary and artistic works

Intellectual property (IP) refers to creations of the mind for which exclusive rights are recognized under the law.

Intellectual Property Rights under the Intellectual Property Code (RA 8293)

These include the following:

  • Copyright and Related Rights;
  • Trademarks and Service Marks;
  • Geographic Indications;
  • Industrial Designs;
  • Patents;
  • Utility Models; [Chapter XII]
  • Layout-Designs (Topographies) of Integrated Circuits;
  • Protection of Undisclosed Information [Sec. 4.1, RA 8293]1.

Differences between copyright, trademarks, and patents

Copyrights Trademarks Patents
As to the Scope of Protection
Literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation [Sec. 172.1, RA 8293]2. Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise from that of another and shall include a stamped or marked container of goods [Sec. 121.1, RA 8293]3. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable [Sec. 21, RA 82934; Kho v. Court of Appeals5].
Where Registered
No registration is required for copyright protection. Section 191 provides for registration and deposit of specified works with the National Library and the Supreme Court Library for their records [Sec. 191, RA 8293]6 Intellectual Property Office (IPO) Intellectual Property Office (IPO)
When Protection Starts
Upon creation Upon valid registration, effective from the filing date of the application [Secs. 122 and 136, RA 8293] On the date of publication of the patent grant in the IPO Gazette [Sec. 50.3, RA 8293]
Term of Protection
Generally, up to 50 years AFTER the death of the author 10 years 20 years
Mode of Acquisition
Literary and artistic works are original intellectual creations in the literary and artistic domain protected from the moment of their creation [Sec. 172.1, RA 8293]. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality, and purpose [Sec. 172.2, RA 8293]7.

Generally, there is a presumption that the natural person whose name is indicated on a work in the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of the work.The person or body corporate, whose name appears on an audio-visual work in the usual manner, shall, in the absence of proof to the contrary, be presumed to be the maker of said work [Sec. 219, RA 8293]8.		 To acquire rights in a mark, registration is required [Sec. 122, RA 8293]9. However, well-known marks are protected even without registration. Nevertheless, when the well-known mark is not registered, its protection is limited, as it only prevents the registration of confusingly similar marks that are used for identical or similar goods or services [Sec. 123.1(e), RA 8293]10. The right to a patent belongs to the inventor, his heirs, or assigns. When two or more persons have JOINTLY made an invention, the right to a patent shall belong to them jointly [Sec. 28, RA 8293]11. However, when two or more persons have made the invention SEPARATELY AND INDEPENDENTLY OF EACH OTHER, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date [Sec. 29, RA 8293]12.

Industrial Design

An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors: Provided, that such composition or form –

  • Gives a special appearance to; AND
  • Can serve as pattern for an industrial product or handicraft [Sec. 112.1, RA 8293]1314.

Note: RA 8293 also removed the substantive examination of industrial design applications.

Authorities

  • Kho v. Court of Appeals, G.R. No. 115758, 19 March 2002
  • RA 829, Sec. 4
  • RA 8293
  • RA 8293, Sec. 112
  • RA 8293, Sec. 121
  • RA 8293, Sec. 122
  • RA 8293, Sec. 123
  • RA 8293, Sec. 172
  • RA 8293, Sec. 191
  • RA 8293, Sec. 21
  • RA 8293, Sec. 219
  • RA 8293, Sec. 28
  • RA 8293, Sec. 29