There is an intrinsic need to survive among enterprises. As these entities become increasingly aware of this, protecting their goodwill and their brands is more crucial than ever.
The State is interested in the protection of the intellectual property of enterprises and individuals who have exerted effort and money to create beneficial products and services. Considering the extent to which intellectual property rights impact the viability of businesses, a common controversy in the field of intellectual property law is to whom these rights pertain.1 This article serves to provide a clear understanding of its significance and application.
What is the Intellectual Property Code and Its Importance
The Intellectual Property Code (IP Code)2 was established under Republic Act No. 8293, known as the Intellectual Property Code of the Philippines, which was enacted on June 6, 1997, and became effective on January 1, 1998.
The protection of intellectual property is a mandate by the Constitution.3 Hence, the IP Code serves as the key legislation that is a testament to the State’s policy for an effective intellectual and industrial property system.4 Therefore, students, creators, inventors, and business owners need to familiarize themselves with it.
The IP Code: 3 Key Essentials to Guide You
To give you a head start on the IP Code, the following are the main essentials that you need to know:
1. What “intellectual property” consists of
Section 4.1 of the IP Code provides for the scope of intellectual property. These are a) Copyright and Related Rights; b) Trademarks and Service Marks; c) Geographic Indications; d) Industrial Designs; e) Patents; f) Layout-Designs (Topographies) of Integrated Circuits; and g) Protection of Undisclosed Information. These make up the creations of the mind used in commerce.
2. The Intellectual Property Office (IPO)
The Intellectual Property Office of the Philippines (IPOPHL) is the primary agency responsible for enforcing national policies on intellectual property (IP). Among the main functions of IPO is to examine applications for registration of marks and copyrights and grant of patents. Additionally, it is tasked to administratively adjudicate proceedings involving intellectual property rights.5
3. Rights conferred
The rights conferred under the IP Code correspond to what creation is protected. For trademarks, Section 147 of the IP Code primarily states that a registered owner of a mark has the right to the exclusive use of the mark for one’s own goods and services. To know more about the IP Code, check out Understanding Trademark Law in the Philippines: Key Rights and Requirements.
On the other hand, rights over copyrights are conferred from the moment of creation.6 The IP Code further lays out the economic, moral, publisher’s, and performers’ rights in the copyright provisions. For patents, an exclusive enjoyment of the invention is granted for a duration provided by law. Upon expiration, the knowledge of the invention inures to the people.7
Conclusion
Understanding the basics of the IP Code helps protect creations, providing a solid foundation for innovations and creativity through proper intellectual property protection. To know more about trademark law, book a consultation with a trademark attorney. You may also email us at admin@pinollaw.com.
1 Zuneca Pharmaceutical v. Natrapharm Inc., G.R. No. 211850, September 8, 2020.
2 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes, Republic Act No. 8293, §1 (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines].
3 1987 Constitution, §13, Art. XIV.
4 Intellectual Property Code of the Philippines, §2.
5 Intellectual Property Code of the Philippines, §5.
6 Intellectual Property Code of the Philippines, §172.1.
7 Pearl & Dean v. Shoemart, Inc. G.R. No. 148222, August 15, 2003
