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Republic Act No. 8293
GENERAL OVERVIEW
The law:
Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing
the Intellectual Property Office, Providing for Its Powers and Functions, and for Other
Purposes]otherwise known as the Intellectual Property Code of the Philippines.
State policy declaration:
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.
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.
Effect on international conventions and on principle of reciprocity:
Any person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which is a party to any convention, treaty or agreement
relating to intellectual property rights or the repression of unfair competition, to which
the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines
by law, shall be entitled to benefits to the extent necessary to give effect to any provision
of such convention, treaty or reciprocal law, in addition to the rights to which any owner
of an intellectual property right is otherwise entitled by this Act.
Laws repealed:
Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more
particularly:
1. Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing
its Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds
Therefor];
2. Republic Act No. 166, as amended[An Act to Provide for the Registration and
Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition
and False Marking and Providing Remedies Against the Same, and for Other
Purposes].cralaw
3. Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];
4. Presidential Decree No. 285, as amended [Decree on the Protection of
Intellectual Property];
5. Articles 188 and 189 of the Revised Penal Code of the Philippines.
Parts of the law:
The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit:
PART I - The Intellectual Property Office
PART II - The Law on Patents
PART III - The Law on Trademarks, Service Marks and Trade Names
PART IV - The Law on Copyright
PART V - Final Provisions
Intellectual property rights under the I. P. Code:
The intellectual property rights under the Intellectual Property Code are as follows:
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs [topographies] of integrated circuits; and
7. Protection of undisclosed information.
Government Agencies:
The agency of the government in charge of the implementation of the Intellectual
Property Code is the Intellectual Property Office which replaced the Bureau of Patents,
Trademarks and Technology Transfer. It is divided into six [6] Bureaus, namely:
[1] Bureau of Patents;
[2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
[4] Documentation, Information and Technology Transfer Bureau;
[5] Management Information System and EDP Bureau; and
[6] Administrative, Financial and Personnel Services Bureau.
Functions of the Intellectual Property Office:
The Intellectual Property Office is mandated under the law to:
1. Examine applications for the grant of letters patent for inventions and register
utility models and industrial designs;
5. Publish regularly in its own publication the patents, marks, utility models and
industrial designs, issued and approved, and the technology transfer arrangements
registered;
7. Coordinate with other government agencies and the private sector efforts to
formulate and implement plans and policies to strengthen the protection of intellectual
property rights in the country.
Significant features of the law:
1. A shift was made from the "first-to-invent system" under R. A. 165 [old law] to
"first-to-file system" under the new law.
2. In the case of inventions, the period of the grant was increased from 17 years
from grant under the old law to 20 years from date of filing under the new law.
3. In the case of utility models, the previous grant of 5 years plus renewals of 5
years each under the old law was changed to 7 years without renewal under the new
law.
4. In the case of industrial designs, the previous grant of 5 years plus renewals of
5 years each was maintained.
5. Under the old law, there was no opposition proceedings and the examination is
mandatory; under the new law, the examination is made only upon request [possibly
with or without examination].
6. Under the old law, publication is made after the grant; under the new law,
publication is effected after 18 months from filing date or priority date.
7. Under the old law, the penalties for repetition of infringement are: PhP10,000
and/or 5 years of imprisonment and the offense prescribes in 2 years; under the present
law, the penalties range from PhP100,000 to PhP300,000 and/or 6 months to 3 years of
imprisonment and the offense prescribes in 3 years.
Significant changes in the trademark law:
The significant changes in the trademark law under the old law [R. A. No. 166] and
the present law are as follows:
1. Under the former, the element of use before filing a local application is a
requirement although this is not required when the application is based on foreign
registration; while under the latter, the element of use has been eliminated as a
requirement for application.
2. Under the former, the term granted is 20 years renewable for 20-year periods;
while under the latter, the term is for 10 years, renewable for 10-year periods.
3. Under the former, the affidavit of use or non-use is required on the 5th, 10th and
15th anniversaries; while under the latter, proof of use within 3 years from the filing of
the application is required and the affidavit of use should be filed within 1 year from the
5th anniversary.
4. Under the former, a Supplemental Register is required to be maintained; while
under the latter, it is no longer required.
5. Under the former law, penalties for infringement, unfair competition, false
designation of origin and false description or representation range from fine of PhP500
to PhP2,000 and/or 6 months to 3 years and 4 months of imprisonment; while under the
latter law, the penalties range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years
of imprisonment.
Significant changes in the copyright law:
It is now required that after the first public dissemination of performance by authority
of the copyright owner of certain specified work, there shall, for the purpose of
completing the records of the National Library and the Supreme Court library, within
three (3) weeks, be registered and deposited with it, by personal delivery or by
registered mail, two (2) complete copies or reproductions of the work in such form as
the directors of said libraries may prescribe.cralaw
The scheme of penalties for infringement has also been changed. From the previous
fine of Php200 to Php2,000 and/or imprisonment of 1 year, the current range of penalties
are as follows:
Intellectual property
From Wikipedia, the free encyclopedia
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This article is about the legal concept. For the 2006 film, see Intellectual Property (film).
Intellectual property
Primary rights
Intellectual rights
Copyright
Patent
Trademark
Trade dress
Trade secret
Geographical indication
Related topics
Abandonware
Anti-copyright
Bioprospecting
Cultural appropriation
Limitations and exceptions to copyright
o Fair dealing
o Fair use
o Paraphrasing
o Right to quote
Orphan works
Patent troll
Public domain
v
t
e
Intellectual property (IP) is a category of property that includes intangible creations of the
human intellect, and primarily encompasses copyrights, patents, and trademarks.[1] It also
includes other types of rights, such as trade secrets, publicity rights, moral rights, and rights
against unfair competition. Artistic works like music and literature, as well as some discoveries,
inventions, words, phrases, symbols, and designs, can all be protected as intellectual
property.[2][3] It was not until the 19th century that the term "intellectual property" began to be
used, and not until the late 20th century that it became commonplace in the majority of the
world.[4]
The main purpose of intellectual property law is to encourage the creation of a large variety of
intellectual goods. To achieve this, the law gives people and businesses property rights to the
information and intellectual goods they create – usually for a limited period of time. This gives
economic incentive for their creation, because it allows people to profit from the information and
intellectual goods they create.[5] These economic incentives are expected to stimulate
innovation and contribute to the technological progress of countries, which depends on the
extent of protection granted to innovators.[6]
The intangible nature of intellectual property presents difficulties when compared with traditional
property like land or goods. Unlike traditional property, intellectual property is "indivisible" – an
unlimited number of people can "consume" an intellectual good without it being depleted.
Additionally, investments in intellectual goods suffer from problems of appropriation – a
landowner can surround their land with a robust fence and hire armed guards to protect it, but a
producer of information or an intellectual good can usually do very little to stop their first buyer
from replicating it and selling it at a lower price. Balancing rights so that they are strong enough
to encourage the creation of intellectual goods but not so strong that they prevent the goods'
wide use is the primary focus of modern intellectual property law.[7]
1. Natural Rights/Justice Argument: this argument is based on Locke's idea that a person
has a natural right over the labour and/or products which is produced by his/her body.
Appropriating these products is viewed as unjust. Although Locke had never explicitly
stated that natural right applied to products of the mind,[49] it is possible to apply his
argument to intellectual property rights, in which it would be unjust for people to misuse
another's ideas.[50] Locke's argument for intellectual property is based upon the idea that
laborers have the right to control that which they create. They argue that we own our
bodies which are the laborers, this right of ownership extends to what we create. Thus,
intellectual property ensures this right when it comes to production.
2. Utilitarian-Pragmatic Argument: according to this rationale, a society that protects private
property is more effective and prosperous than societies that do not. Innovation and
invention in 19th century America has been attributed to the development of
the patent system.[51] By providing innovators with "durable and tangible return on their
investment of time, labor, and other resources", intellectual property rights seek to
maximize social utility.[52] The presumption is that they promote public welfare by
encouraging the "creation, production, and distribution of intellectual
works".[52] Utilitarians argue that without intellectual property there would be a lack of
incentive to produce new ideas. Systems of protection such as Intellectual property
optimize social utility.
3. "Personality" Argument: this argument is based on a quote from Hegel: "Every man has
the right to turn his will upon a thing or make the thing an object of his will, that is to say,
to set aside the mere thing and recreate it as his own".[53] European intellectual property
law is shaped by this notion that ideas are an "extension of oneself and of one's
personality".[54] Personality theorists argue that by being a creator of something one is
inherently at risk and vulnerable for having their ideas and designs stolen and/or altered.
Intellectual property protects these moral claims that have to do with personality.
Lysander Spooner (1855) argues "that a man has a natural and absolute right—and if a natural
and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the
discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands
on identically the same grounds with, his right of property in material things; that no distinction,
of principle, exists between the two cases".[55]
Writer Ayn Rand argued in her book Capitalism: The Unknown Ideal that the protection of
intellectual property is essentially a moral issue. The belief is that the human mind itself is the
source of wealth and survival and that all property at its base is intellectual property. To violate
intellectual property is therefore no different morally than violating other property rights which
compromises the very processes of survival and therefore constitutes an immoral act. [56]
What is Plagiarism?
Many people think of plagiarism as copying another's work or borrowing someone else's original ideas.
But terms like "copying" and "borrowing" can disguise the seriousness of the offense:
to steal and pass off (the ideas or words of another) as one's own
to use (another's production) without crediting the source
to commit literary theft
to present as new and original an idea or product derived from an existing source
In other words, plagiarism is an act of fraud. It involves both stealing someone else's work and lying
about it afterward.
According to U.S. law, the answer is yes. The expression of original ideas is considered intellectual
property and is protected by copyright laws, just like original inventions. Almost all forms of expression
fall under copyright protection as long as they are recorded in some way (such as a book or a computer
file).
Most cases of plagiarism can be avoided, however, by citing sources. Simply acknowledging that certain
material has been borrowed and providing your audience with the information necessary to find that
source is usually enough to prevent plagiarism. See our section on citation for more information on how
to cite sources properly.
Using an image, video or piece of music in a work you have produced without receiving proper
permission or providing appropriate citation is plagiarism. The following activities are very common in
today’s society. Despite their popularity, they still count as plagiarism.
Copying media (especially images) from other websites to paste them into your own papers or
websites.
Making a video using footage from others’ videos or using copyrighted music as part of the
soundtrack.
Performing another person’s copyrighted music (i.e., playing a cover).
Composing a piece of music that borrows heavily from another composition.
Certainly, these media pose situations in which it can be challenging to determine whether or not the
copyrights of a work are being violated. For example:
A photograph or scan of a copyrighted image (for example: using a photograph of a book cover
to represent that book on one’s website)
Recording audio or video in which copyrighted music or video is playing in the background.
Re-creating a visual work in the same medium. (for example: shooting a photograph that uses
the same composition and subject matter as someone else’s photograph)
Re-creating a visual work in a different medium (for example: making a painting that closely
resembles another person’s photograph).
Re-mixing or altering copyrighted images, video or audio, even if done so in an original way.
The legality of these situations, and others, would be dependent upon the intent and context within which
they are produced. The two safest approaches to take in regards to these situations is: 1) Avoid them
altogether or 2) Confirm the works’ usage permissions and cite them properly.