Professional Documents
Culture Documents
IPL Notes
IPL Notes
RA 8293
ly trademark can be enjoyed perpetually provided the renewal requirements are met
other intellectual properties can only be enjoyed within periods provided for by
law.
1. copyrights
2. trademarks and service marks
3. industrial designs
4. aptents
5. layout designs.
6. protection of information
functions:
1. examine applications for grant of letters patent for inventions and register
utility models
2. examine applications - trademarks
3. registration of tech transfer arrangements
4. promote the use of patent information
5. administratively adjudicate contested proceedings affecting intellectual
property rights. (BLA)
6. coordinate with gov agencies and private sectors
Bureaus:
Patents
Trademarks
Docu, info, and tech transfer
anagement info system
admin financial and personnelservices bureau
laws covered:
patents
tm
copyrights
novelty required?
it is essential.
schemes, rules, and methods performing mental acts, playing games or doing
business, and programs for computers.
methods for treatment of the human or animal body by surgeryor therapy diagnostic
methods practiced on the human or animal body.
aesthetic creations
2 or more persons filed separately and independently of one another. first to file
shall the patent belong.
FIRST TO FILE
PRIORITY USER
PRIOR USER
PATENT INFRINGEMENT:
...... WITHOUT THE AUTHORIZATION OF THE PATENT OWNER.
YES
DEFENSES: INVALID PATENT ISSUED, ONE OF THE GROUNDS UNDER PETITION FOR CANCELLATION
UNDER SEC 61 WAS BROUGHT
HOW RIGHT ACQUIRED OVER MARK? ----> NOT BY MERE REGISTRATION READ BIRKENSTOCK
PLEASEZZZ
CAN OWNER DEMAND REGISTRATION - - - - NO. ONLY WHEN REQUIREMENTS OF LAW ARE
COMPLIED WITH.
WHAT CAN BE USED AS EVID THAT MARK HAS BECOME DISTINCTIVE -- PROOF OF
SUBSTANTIALLY EXCLUSIVE AND CONTINUOUS USE THEREOF BY THE APPLICANT.
FILE AS EVIDENCE OS "SUBSTANTIALLY EXCLUSIVE AND CONTINUOUS USE" --- > DECLARATION
OF ACTUAL USE
copyright:
1. mona lisa - only economic right. you do not have MORAL right.
JOINT OWNERSHIP --- > CO AUTHORS, CO OWNERSHIP. ABSOLUTE? NO. EXC: IF CAN BE
SEGREGATED.
FOR TRADEMARKS: ACTUAL USE BEFORE APP IS NOT REQUIRED. BUT SUBMIT DAU
COPYRIGHT -- REG NOT ABSOLUTE NECESSITY. FROM CREATION PLUS 50 YRS AFTER HIS DEATH.