Philippines IP Development

Philippines lies in the south east of Asia and is a member of ASEAN, which helps it building close relationship with neighboring countries in many fields including intellectual property. Philippines joined WIPO in 1980 and is a member of WIPO Copyright Treaty, Patent Cooperation Treaty, Budapest Treaty, Paris Convention, and Berne Convention. The main IP laws in Philippines include Philippine Plant Variety Protection Act of 2002, Philippine Technology Transfer Act of 2009, and Intellectual Property Code of the Philippines which was first enacted in 1997 and last amended in 2013. The amendments are the following: establishment of the Bureau of Copyright and Other Related Rights within the Intellectual Property Office of the Philippines (IPOPHL); grant of specific enforcement functions to the Director General of IPOPHL and his deputies; implementation of technological protection measures and rights management information for copyrighted works disseminated through Internet; copyright limitations and exceptions for the benefit of visually-impaired persons; fair use exceptions to copyright; and clarifications on copyright infringements.   

Patent

A patent is granted by the government through the IPOPHL. It is an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent. A patent has a term of protection of 20 years providing an inventor significant commercial gain. In return, the patent owner must share the full description of the invention. This information is made available to the public in the form of the Intellectual Property Official Gazette and can be utilized as basis for future research and will in turn promote innovation and development. Patentable inventions offer a technical solution to a problem in any field of human activity. However, theories, mathematical methods, methods of treatment and artistic creations are non-patentable inventions.   

Utility Model

You can apply for Utility Model registration directly with the IPOPHL. An application for registration should contain a duly accomplished request for registration as prescribed by the Bureau, specification or description containing the following: (a) title; (b) technical field; (c) background of the Utility Model; (d) brief description of the several views of the drawings, if any; (e) detailed description; (f) claim or claims; (g) drawings, if any; and (h) abstract of the disclosure.   

Industrial Design

To be protected under most national laws, an industrial design must be non-functional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected. When an industrial design is protected, the owner-the person or entity that has registered the design-is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products. Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of commercial activities and the export of national products. Industrial designs can be relatively simple and inexpensive to develop and protect. They are reasonably accessible to small and mediumsized enterprises as well as to individual artists and craftsmen, in both industrialized and developing countries.   

Trademark

Trademark is a very effective tool that makes the public remember the quality of goods and services. Once a trademark becomes known, the public will keep on patronizing the products and services. Utilized properly, a trademark can become the most valuable business asset of an enterprise. In addition to making goods and services distinctive, the owner of a mark may earn revenues from the use of the mark by licensing its use to others or through franchising agreements.   

Copyright

Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as their content, quality and purpose. Thus, it does not matter if, in the eyes of some critics, a certain work has little artistic value. So long as it has been independently created and has a minimum of creativity, it enjoys the same copyright protection. In recent years, the Philippine senate approved a copyright act which aims to make Philippine’s copyright law more effective. The Act provides legal ground for the establishment of a Copyright Office, further clarifies the determination criterion for copyright infringing acts and statutory compensation for damages caused by such acts, and further regulates copyright collective management organizations, etc.

Source:

International IP Law Firms 2016

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