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Written by : Daren Langeland |
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today we're going to be talking about what an intellectual property lawyer does hi guys welcome to my channel I'm Tina I'm a corporate lawyer in the Philippines so recently I came out with a video on what exactly I do as a corporate lawyer and since that video I received quite a few questions on what other lost specializations there are because obviously corporate law is just one of the many specializations but you guys get it once you are lawyers I understand though that corporate law is not for everyone and that is precisely why you guys are curious to know that other types of law that you could get into so on my channel I'm going to be doing different episodes on the types of laws specializations that exist I could either just be talking to you about it like one on one as we are doing now and then other episodes I will have my friends from those specific fields of law speaking to you guys on my channel in my video and telling you what being in that field of law is like it may be a bit of a challenge getting them on here on my channel because of the copa90 situation as I'm sure you guys are aware but hopefully when this whole thing blows over fingers crossed they can come on here so this topic of different law specializations is going to be something like a series or episodes on my channel the first one was about being a corporate lawyer and today we're going to be talking about what an intellectual property lawyer does so what exactly does an intellectual property lawyer do to understand what an intellectual property lawyer does then it's important to understand what intellectual property is in the first place intellectual property in its most basic sense refers to creations of the mind as an attack such as number one inventions number two literary and artistic works number three designs and number four symbols names and images used in commerce the concept underlying intellectual property or IP is that certain products of the human intellect meaning intangibles should be afforded the same protective rights which applied to physical tangible property intellectual property or we'll refer to it as IP from now on can consist of patents trade secrets copyrights franchises and trademarks I won't go in depth about what each of those are here because if I do then this it would be 40 minutes long in the very simplest of terms but that's referred to inventions for example an iPhone a 3d printer a bionic eye Bluetooth Dropbox Facebook the investor or the creator with the patent has the right to choose who can use sell or even make something similar during the 20 year validity period of the patent copyright on the other hand refers to literary or artistic works like books movies paintings computer programs and recordings of performances under copyright laws the owner of the original work is entitled economic and moral rights economic rights and Abel the Creator to receive profits should be a source be distributed by third parties moral rights on the other hand protects the connection between a creator and his work once the owner receives the rights to his or her work then on authorized third parties are prevented from distributing or selling the works especially for trade purposes lastly trademarks refer to sites or designs which distinguish the products or services of one trader from the products or services of another trader so the easiest example would be logos when an owner registers his or her or its trademark then owner of the trademark would have the exclusive rights to make use of that mark also it would ensure that nobody else could use the same or even a similar mark for products or services of a similar nature so where does the law come in here Philippine law and many jurisdictions around the world prospect your IP from unauthorized use by others when others use your protected IP without authorization then that is considered IP infringement the primary purpose of IP law is to encourage creators to create the loss of intellectual property exists to provide incentives or rewards to authors and inventors to produce works which would benefit the public by regulating the public's use of those works in order to ensure that these authors and inventors are compensated for their efforts so you see IP law gives creators an economic incentive for their creation because it allows creators to profit from the information and intellectual codes that they the Philippines adheres to several international agreements on IP including the Paris Convention for the protection of industrial property rights the Berne Convention for the protection of literary and artistic works the patent cooperation treaty the TRIPS Agreement and the WIPO copyright treaty this means that IP such as copyrights patents trademarks utility models and industrial besides are protected in the Philippines the governing law of the Philippines is Republic Act number 80 to 93 otherwise known as the intellectual property code of the Philippines so now that you guys understand what IP is let's go to what an intellectual property lawyer does exactly so an intellectual property lawyer simply means a lawyer who handles IP matters those matters include trade marks trade names patents utility models industrial designs copyright licensing technology transfer agreement franchise agreements intellectual property litigation and intellectual property enforcement basically if you're an IP lawyer you deal with all matters related to the licensing and the franchising of your clients IP assets including the filing registration and protection of your patent trademark industrial design etc you file applications prosecute maintain and register patents trademarks industrial designs and utility models before the Philippine intellectual property office or IP oh you do copyright deposit and protection you register food cosmetics and drugs with the Food and Drug Administration or the FDA you legally represent your client in opposition and cancellation actions in patent cases trademark cases copyright infringement cases unfair competition and other violations of the intellectual property code which may be filed by or against your client you register technology transfer agreements product and service licensing agreement you enforce intellectual property rights including a bailiff remedies like injunction aren't you a boy before the intellectual property office or the IPO for registration of your clients copyright or trademark etc whatever IP they want to register you protect the intellectual property rights of your client against infringers and counterfeiters you do IP litigation for example filing infringement cases and representing your clients before the IPO the regional trial court or the RTC the Court of Appeals or the CA and the Supreme Court you file cease and desist proceedings against infringers so we come to the next question ask an intellectual property lawyer what would your Bible be as an intellectual property lawyer your Bible would be Republic Act number 80 to 93 otherwise known as the intellectual property code of the Philippines or simply the IP code this was signed into law in June 1997 and
Thanks for your comment Sanora Strizich, have a nice day.
- Daren Langeland, Staff Member
hey folks welcome my name is andrew this is what i do and in today's episode we're going to be looking at the world of ip law but there is no law that governs how i pee there is a whole world of jobs out there most of which we've never heard of let's explore that world together joining us to make the case for his career is ben ben thanks for joining us andrew thank you for having me excellent all right so first up tell me what is it that you do i'm an attorney i've finished my studies at tux got my ba then my llb degree and have completed my articles and i'm now practicing attorney admitted in the court of law excellent so what is your focus of law because obviously there's there's different areas of law right just like like you're you're picking a buffet there is a law for just about everything nowadays and so where i specify is in intellectual property so basically that is just your trademark copyright patents and designs uh everything that you can see that amounts to branding all right so what are the sort of general responsibilities of someone involved in or an attorney involved in ip law ah so that can that can vary quite drastically but the long and the short of it is we we basically set out to to protect a company or a business's brand even individual in some instances when when you talk about protecting your brand's ip what are you trying to save them from so essentially we are keeping people from trying to either infringe on someone else's rights that they have in their brand and or we protect them from passing off which is basically when someone pretends to be they are associated with with another brand which they're in fact not right right so what do you find you spend a lot of your time doing to protect these brands so specifically for me it depends on how big a client is if they if they have a large virtual standing say they are an online website or retail store then one of the facets that we will do is we'll enforce domain names which come across to mislead the consumer i'm sure you've come across those those google ads that seem awfully similar to to what you're trying to search for same same but different right and that's that that in essence sometimes has a has a what we would say a mala feeder uh something that's been done in bad intentions right right so so essentially would you just say okay my brand is uh you know harry's waffles and then i'll go search harry's waffles and if i see a google ad come up for you know harry's waffles but i see it's not actually harry's waffles then i leap is that the idea if you are harry's waffles someone might go and register a domain name which is harry's hashtag waffles i mean to most people they would assume you throw a hashtag in front of anything and it's just an extension of one's brand what would you say uh you spend the bulk of your time doing that's that can depend on on the day and the client we deal with but i think a lot of the a lot of the time it's it's some extensive research you got to make sure that if you're going to accuse someone of of infringing on your rights you've got to have all of your bases covered if you aren't uh 100 sure that's that they are in fact in the wrong then they have action against you which you don't want to put yourself or a client in in that in that position because that can be unbelievably damning right so part of it is kind of noticing that there might be something fishy that somebody might be infringing but then the second part is going and actually making sure that there is a case for infringement before you you try anything out exactly yes right and then i assume naturally there must be a step three which is is then actually going after the people if if you feel like you've got the case are you heading to court or is it sort of less exciting than that so 90 of the time you want to aim to have everything settled outside of court i thought we could settle this like men because that can get awfully expensive awfully quickly um but there are instances where you just you can't reach any amicable settlement between yourself and and someone else and you do have to rely on uh on a third party that be in the court system to to adjudicate and and come up with a with a judgment that's either in your favor or not all right all right cool so what would you say that you find most enjoyable about your job everyone assumes that that law is just a lot of reading writing and brushing up on on your on how well you can argue something but to me to me it was especially with the ip all of the the arts and and just the the creative side that it does that does come into play with with intellectual property um off the top of my head with with copyright law you deal with your literary works your musical works your artistic works films you have broadcasting networks you have just about everything you can imagine that's that's bundled up into into one field or another and there's always an overlap but it's a very creative side of of law that you get to deal with right right right so even though yeah that the law itself is always quite formal but the the the context that you're in might be very interesting and fun what do you find that you dislike the most you find yourself playing devil's advocate a lot you either personally might think that that you you're in the wrong and you just argue it now for the sake of for the sake of your client but one of the one of the worst things you can do is get too emotionally invested in something and then get get caught up and spiral in a unfortunate tangent that leads you and a client into a bit of a predicament of emotion so that's that's what you always have to try and and and avoid it's just me remain as objective as possible but then on the flip side you don't want to be second guessing yourself there's a certain degree of of confidence that you do need to maintain especially when when having to argue one point or another right right absolutely all right so so what sort of personality type or skill set do you think would make a really good ip uh attorney so i think you you've got to have some some degree of of artistic nature to yourself a lot of the time we find ourselves comparing comparing people's brands and logos and you have to ultimately in applying the law decide whether there is a creative step that has distinguished one from another corporate need you to find the differences between this picture and this picture they're the same picture or if right they've picked up certain styling cues which leads to that association but it's just to just to maintain an open mind about everything because it's it becomes one of those instances where you can't you can't rely on what you've learned and what you know everything's constantly developing especially with everything moving virtually nowadays it's changed the game completely right right right okay so you need to be open-minded to see where there's possibilities for potential infringement potential arguments but also you need to have a skill set that allows you to understand the the potential transformation that might happen in a creative process and what be can be consi
Thanks Elayne your participation is very much appreciated
- Daren Langeland
About the author
I've studied edaphology at National American University in Rapid City and I am an expert in labor economics. I usually feel alone. My previous job was industrial designer I held this position for 30 years, I love talking about qigong and videophilia. Huge fan of Sue Aikens I practice japanese sword arts and collect postmarks.
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