The Intellectual Property code contains provisions which protect the rights of authors, inventors, programmers and other gifted citizens regarding their intellectual creations. The term "Intellectual Property Rights" consist of;
> Copyright and related rights
> Trademarks and Service Marks
> Geographic Indications
> Industrial Design
> Patents
> Layout-designs
> Protection of Undisclosed Information
State Policy Regarding Intellectual Property
Section 2 of RA 8293 provides:
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 scientist, 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 copyrights, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.
An effective Intellectual and Industrial property system is vital
1. To the development of Domestic and Creative activity.
2. Facilitates Transfer of Technology.
This is due to the fact that if the State cannot afford to protect the creative activities done by scientists, artists, inventors, composers and other gifted citizens, they will be discharged to do such activities, and in case they do, they won't share or transfer it to public due to fear of infringement of their intellectual properties.
3. Attracts Foreign Investments.
To illustrate, McDonald's trademarks is originally registered in the US. Since McDonald's is internationally known, our country, pursuant to international committee is also bound to protect the trademark/tradename owner of McDonald's.
5. 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.
To illustrate , suppose Engr. Sean T. Abako designed a car with a mechanical engine capable of running without a gasoline. Instead, it uses specialized water formulated by Engr. Sean.
Now Sean has two options, thus:
First, he may keep his invention formula secret. This way, the public has no option but to buy engines directly from Engr. Sean.Sean has no reason to be afraid because he is confident that no one can imitate his work. Bear in mind that when a person registers his patentable inventions in the Intellectual Property Office (IPO), he is NOT doing it solely for credit or for popularity, but for protection- protection from unfair competition. Even if Engr. Sean would not register his invention, people would come to recognize him.
Second, if Sean won't register, he cannot maximize profit from his invention. Why? Because he cannot afford to share his secrets to anyone because his invention is not protected by the State. If that is so, the manufacturing and design of his engine is very limited. If he hires employees to do his work, there is no guarantee that such employee will be loyal to him. Chances are, after knowing his secret invention, his employee will leave him, establish his own business and worst, register the patent in his name to the prejudice of Sean! Will the State protect Sean? No, because he did NOT register his patent. "NO PATENT, NO PROTECTION". Worst, the State will protect the said employee of Sean under the principle of "First to file rule".
Section 29. First to File Rule. - if 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. (3rd Sentence, Sec. 10 R.A. No. 165a.)
Advantages of Securing a Patent. Considering the case of Engr. Sean T. Abako, he has the right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing his mechanical engine. A holder of letters patent is entitled to a full protection of the State. As a consequence, he can now hire employees to facilitate the design of his engine.
The patent law has a three-fold purpose;
First - patent law seeks to foster and reward invention.
Second - it promotes disclosures of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires.
Third - the stringent requirements for patent protection seek to ensure that ideas in the public domain remain there for the free use of the public.
This is due to the fact that if the State cannot afford to protect the creative activities done by scientists, artists, inventors, composers and other gifted citizens, they will be discharged to do such activities, and in case they do, they won't share or transfer it to public due to fear of infringement of their intellectual properties.
3. Attracts Foreign Investments.
To illustrate, McDonald's trademarks is originally registered in the US. Since McDonald's is internationally known, our country, pursuant to international committee is also bound to protect the trademark/tradename owner of McDonald's.
5. 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.
To illustrate , suppose Engr. Sean T. Abako designed a car with a mechanical engine capable of running without a gasoline. Instead, it uses specialized water formulated by Engr. Sean.
Now Sean has two options, thus:
First, he may keep his invention formula secret. This way, the public has no option but to buy engines directly from Engr. Sean.Sean has no reason to be afraid because he is confident that no one can imitate his work. Bear in mind that when a person registers his patentable inventions in the Intellectual Property Office (IPO), he is NOT doing it solely for credit or for popularity, but for protection- protection from unfair competition. Even if Engr. Sean would not register his invention, people would come to recognize him.
Second, if Sean won't register, he cannot maximize profit from his invention. Why? Because he cannot afford to share his secrets to anyone because his invention is not protected by the State. If that is so, the manufacturing and design of his engine is very limited. If he hires employees to do his work, there is no guarantee that such employee will be loyal to him. Chances are, after knowing his secret invention, his employee will leave him, establish his own business and worst, register the patent in his name to the prejudice of Sean! Will the State protect Sean? No, because he did NOT register his patent. "NO PATENT, NO PROTECTION". Worst, the State will protect the said employee of Sean under the principle of "First to file rule".
Section 29. First to File Rule. - if 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. (3rd Sentence, Sec. 10 R.A. No. 165a.)
Advantages of Securing a Patent. Considering the case of Engr. Sean T. Abako, he has the right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing his mechanical engine. A holder of letters patent is entitled to a full protection of the State. As a consequence, he can now hire employees to facilitate the design of his engine.
The patent law has a three-fold purpose;
First - patent law seeks to foster and reward invention.
Second - it promotes disclosures of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires.
Third - the stringent requirements for patent protection seek to ensure that ideas in the public domain remain there for the free use of the public.
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