Intellectual property code as amended [With Tutorial]



Last updated : Sept 24, 2022
Written by : Markita Dutel
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Intellectual property code as amended

What is intellectual property code?

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.

What is intellectual property code of the Philippines RA 8293?

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.

What is the major points of the Revised intellectual property code of the Philippines?

The important provisions of the IP Code of the Philippines include among others (1) laws on patents, (2) laws on trademarks, service marks and trade names, and (3) laws on copyright. The Law on Patents (Part II). The salient provisions under law of patents stipulate the patentable inventions and the right to a patent.

When did the intellectual property code of the Philippines become effective?

The Intellectual Property Code of the Philippines was signed into law 22 years ago today and became effective on January 1,1998.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What is the purpose of intellectual property rights?

IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc.

Who wrote RA 8293?

The Intellectual Property Code of the Philippines, Republic Act 8293, authored by the late Senator Raul S. Roco, was signed into law in June 6, 1997 and took effect on January 1, 1998.

What act are considered as a violation of the intellectual property Code?

Violation of Intellectual Property Rights If a third party were to assume ownership, copy, or sell someone's previously copywritten work, that would legally be considered a case of copyright infringement. Copyright law can still be enforced if others try to create simple deviations from the original source material.

What is the importance of the intellectual property Code of the Philippines?

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.

What is intellectual property is there any law's that currently protects intellectual property in the Philippines discuss?

In this light, intellectual property such as copyright, trademark, patent, utility model, industrial design are protected in the Philippines. The governing law is Republic Act No. 8942, otherwise known as the Intellectual Property Code of the Philippines.

What are some examples of intellectual property?

  • Patents.
  • Domain names.
  • Industrial design.
  • Confidential information.
  • Inventions.
  • Moral rights.
  • Database rights.
  • Works of authorship.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

Who owns intellectual property?

Generally, the creator of a work is deemed its owner. However, intellectual property ownership can be determined differently for different types of property and under varying circumstances. For example, if work is created for an employer, the employer is the owner of that intellectual property.

What is the difference between intellectual property and copyright?

The terms “copyright” and “intellectual property” are often used interchangeably. However, copyright is just a part of the scope of intellectual property, as are trade marks, patents, and designs. Intellectual property (IP) describes a form of property which is the intangible output of the human creative mind.

What is intellectual property and how is it protected?

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

What are the limitations on copyright of Republic Act 8293?

According to Section 176 of Republic Act 8293, no copyright shall be applied in any work of the Government of the Philippines. To exploit such works for profit, prior approval from the government agency or office should be made. Such agency or office may impose payment of royalties.

What is the most common violation of intellectual property?

The most common type of intellectual property dispute is that of infringement. This is where intellectual property is used or appropriated without the owner's permission by another. Infringement can apply to many categories of intellectual property.

What is the most common mistake of intellectual property rights?

  • Choosing the wrong names for products and services.
  • Failing to document ownership of technology developed by persons other than employees.
  • Entering into Problematic Exclusive Licensing Arrangements.
  • Failing to identify and protect intellectual property.

What are the examples of intellectual property rights violation?

Common examples of Intellectual property violations Putting your logo on a defendant's product in order to boost sales. Copying and passing off your writing or artwork as their own. Intellectual Property infringements on social media where fraudulent profiles use trademarks or copyrighted material to represent a brand.

What will happen if there is no intellectual property?

[6] Without intellectual property protection to incentivize this development, the treatment and the jobs it would generate are lost. Without adequate IP protection, innovators are unable to attract investments, business creation is slowed and jobs lost.


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Intellectual property code as amended


Comment by Tresa Shoeman

Thanks for this great article


Thanks for your comment Tresa Shoeman, have a nice day.
- Markita Dutel, Staff Member


Comment by Margie

hi everyone and welcome to my first ever tutorial on intellectual property law the reason why I started making these tutorials so simply because I'm now as a student I tried sometimes to youtube videos and how to understand different concepts and I couldn't find anything so I was thinking maybe there are other students like me out there who have the same problem sometimes I will cover the different aspects of intellectual property law the different types of IP law I will cover the cases and the legislation that covers it and further down the line when I'm doing trademarks I will draw some parallels to compare to US law but more than that it's going to be mainly focused on UK law so to jump into it this first tutorial we're just going to look at an Outlook it or-or-or a kind of the framework of how IP love fits together because I think for many people it is important to realize that IP law it's an area where every separate color that you have different separate rights covering different things but they all interrelate to they all kind of overlap in one way or none or another this is very important to understand because when you're actually going into litigation or when you're when you're dealing with clients etc you need to appreciate that they want results but they don't necessarily care about how so just because something is a design from the outset doesn't mean that you cannot try to register it as a trademark to get more protection so they want results and you need to find the results for them the first write that that I will point out is trademarks law or trademarks now my handwriting is very crap so thank you for bearing with me but you have trademarks which is the first right and what are trademarks when you're dealing with trademarks you're dealing with different things you're dealing with brands for instance you're dealing with with the images you're dealing we're dealing with reputation and what I mean with reputation is when you're talking about trademarks trademarks essentially as they act as a guarantor of origin or indicator of origin so it is something that people use to identify who they are where their goods or services come from what they're trying to sell I mean let's take an example you would have Exxon or or BT or you know Louis Vuitton these kinds of things are trademarks usually you will also have packaging under that I will put the rule get up that people usually refer to so if consumers look at that packaging and think oh wait that comes from this certain someone then Paulson potentially you could trademark that as well you could also potentially Praed trademark designs but to avoid confusion just ignore this one for a second and we'll give back to that when we're dealing with trademarks then you also have design rights designs cover things such as the appearance or its ornamentation its design is very self-explanatory and it's it's not a very big area of IP even though it's very widely used I mean very recently you've had the Apple and and Samsung disputes and the disputes that have been going on for quite some time now about the iPad and how Samsung's a tablet looks the same the general gist is a design covers the appearance then you have copyright and copyright is an interesting one because because sometimes people at least in the UK they misunderstand how copyright works or they don't understand quite how it works they think that people have a copyright in everything and anything I mean I had a friend who told me I have a copyright in my name now you do not have a copyright in your name at least in the UK copyright covers let's call it the creative industry things such as music books ie under that will say literary works so anything literary dramatic work so drama and and play sound recordings and what I mean with sound recordings I mean the recorded sound so so if you think about a song a song you would have lyrics as a literary work you will have music the actual melody but then you'll have a separate copyright for everything recorded which may be owned by someone else etc etc if you've ever asked yourself what protection covers computer software well copyright does so I'll write PC so PC programs the coding the actual coding is covered by copyrights patents is the other one you have and patents but it concerns itself with inventions Stan and many people also quite understand how patents work they think you can patent everything and that's also wrong because you can only patent inventions and invent and invention is only an invention when it's new when it is not obvious when it's capable of industrial applications I'm just going to write industrial application and if it is not excluded because you have certain subject matter which under the patent sock have been deemed to be excluded from protection and the biggest area of patents is the pharmaceutical industry but you also have the technology industry and we're thinking about tech you're thinking about something like cell phones more sorry mobile phones computers speakers you've got big companies that usually have thousands of technology patents you've also got a few other rights which fall under intellectual property well for most of you out there you would not even consider them you would not look at them but they're actually one of the era they're actually quite big areas I mean the influence will quite a lot Neville I have a lot of impact on on certain things one is plant breeders rights the other one is semiconductor chips which can also be covered under patents funnily enough if they satisfy the patent requirement what are semiconductor chips well every computer has got a processor and that processor has a semiconductor chip and it is that chip that's protected by this right much so when you're studying IP law you're mainly covering these four areas now the last thing I want to comment is that you potentially have one more right the reason why I'm saying that potentially is because it is it has been and it is still arguable whether this is an intellectual property right now the law of confidence it protects trade secrets that the definition lies in the name the law of confidence so it is it deals with confidential information I will give you an example and that's the coca-cola recipe so you have the law of confidence the problem with this now I'm not going to only write trade secrets I'm also going to write private information but once you start talking about this you're dealing less with commercial IP law and you're dealing more with you know human rights and then the potential right to privacy or privacy whatever you want to call it general know-how not general know-how sorry about that know how the difference between same general know-how and know-how is that general know-how is just general information know-how might refer to that the steps and in doing things whether the way you do things you know the process of doing things within the company an example of this is one know how might be how MacDonnell's they're made how they make their dressing you know how does McDonald's make their burgers tastes the same almost anywhere in the world so th


Thanks Margie your participation is very much appreciated
- Markita Dutel


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