There is a common notion that a “patent” is applicable to all kinds of creations. Actually a patent is different from a copyright or a trade mark.
A patent is an exclusive right granted by the State through the IPSO to a patent owner for a product, process or an improvement of a product or process for a specified period. Patentable inventions offer a technical solution to a problem in any field of human activity. The technical solution must fulfill three basic requirements: (1) it must be new, (2) it must involve an inventive step, and (3) it must be industrially applicable.
Copyright, on the other hand, is a branch of Intellectual Property which pertains to the rights given to creators or authors for their literary and artistic works. The domain of works includes writings, music, fine art (photography, paintings or sculpture) and technology-based works (computer software programs, websites and electronic databases). Copyright protects the expression of thoughts or ideas, not the thoughts or ideas themselves.
Meanwhile, a mark is any visible sign that distinguishes the products (trademark) or services (service mark) of an enterprise, which includes the container of the products or the packaging. If it is only a name or designation of an enterprise, it is termed trade name.
Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts
Saturday, March 28
Thursday, March 26
What's In The Name?
Every man is unique. Not even twins are exactly similar. And for almost all men, identity is everything. It is a basic instinct for everyone to find their real identity as a person or as a nation. Our identity gives as a distinction against others.
And so are our creations. That is why we put a name to everything to distinguish it from others – it could be an invention, expression, artistic work, writing, product, and all other creations of men.
But in a highly competitive and commercialized world, somebody found it imperative to claim ownership of a particular creation, especially if it has potentials for profit or income generation. In other cases, ownership of an expression is simply an assertion of one’s right to intellectual property.
And so today we have issues on intellectual property rights (IPRs). Information technology giants like Microsoft, Macintosh, Hewett-Packard, Compaq, Toshiba, Dell, Acer and all other software and hardware providers and manufacturers protect their products by patenting. By securing patents for their products, they get protection for exclusive manufacturing and distribution in a given period that usually lasts 20 years.
But what about songs, poems, writings, literary pieces, books, paintings, photos, films, and other expressions of specific authors? And how about logos or marks of products or services of certain companies? Remember McDonalds, Jollibee, KFC, Max’s? How do we protect such names or works?
Various governments around the globe have come up with their own policies on the protection of intellectual property rights. In the Philippines, we have the Intellectual Property Office (IP Philippines), the lead agency mandated to implement state policies on intellectual property. Headed by Director General Atty. Adrian S. Cristobal Jr., it has a national office in Makati.
But good enough for the people of Central Luzon, the IP Philippines has established a new satellite office at the DTI Region 3 office in Nepo Quadrangle, Angeles City. The office was launched last March 25, 2009. This is the third satellite office of IP Philippines. In 2008, the satellite offices of Cebu and Davao were put up.
And so are our creations. That is why we put a name to everything to distinguish it from others – it could be an invention, expression, artistic work, writing, product, and all other creations of men.
But in a highly competitive and commercialized world, somebody found it imperative to claim ownership of a particular creation, especially if it has potentials for profit or income generation. In other cases, ownership of an expression is simply an assertion of one’s right to intellectual property.
And so today we have issues on intellectual property rights (IPRs). Information technology giants like Microsoft, Macintosh, Hewett-Packard, Compaq, Toshiba, Dell, Acer and all other software and hardware providers and manufacturers protect their products by patenting. By securing patents for their products, they get protection for exclusive manufacturing and distribution in a given period that usually lasts 20 years.
But what about songs, poems, writings, literary pieces, books, paintings, photos, films, and other expressions of specific authors? And how about logos or marks of products or services of certain companies? Remember McDonalds, Jollibee, KFC, Max’s? How do we protect such names or works?
Various governments around the globe have come up with their own policies on the protection of intellectual property rights. In the Philippines, we have the Intellectual Property Office (IP Philippines), the lead agency mandated to implement state policies on intellectual property. Headed by Director General Atty. Adrian S. Cristobal Jr., it has a national office in Makati.
But good enough for the people of Central Luzon, the IP Philippines has established a new satellite office at the DTI Region 3 office in Nepo Quadrangle, Angeles City. The office was launched last March 25, 2009. This is the third satellite office of IP Philippines. In 2008, the satellite offices of Cebu and Davao were put up.
Subscribe to:
Posts (Atom)