Intellectual Property Services
Companies doing business in the Philippines need cost-effective measures by which they can protect their innovations, brands and designs in the country. At Filipino Virtual Lawyers, we offer a full range of Intellectual Property Services.
Intellectual Property refers to anything created by someone such as but not limited to, symbols, designs, images, pictures and even names that are used for commercial purposes. These creations enjoy protection under the laws of the Philippines in order to ensure that the creators are duly recognized and compensated for their efforts.
A creator or innovator can register their creations with the Intellectual Property Office (IPO) under several categories, the three most common are as follows: (1) Patents, (2) Trademarks and (3) Copyrights.
Patent
A patent, under the Intellectual Property Code, refers to a right granted to an inventor by the State which allows the inventor to exclude anyone else from commercially exploiting his invention for a limited period. To be considered patentable, the creation must comply with the basic requirements of novelty, inventiveness and industrial application.
The Patent Application Process begins with the Applicant filing a Request Form with the IPO, submitting the same with the descriptions and drawings of the invention process. Once filed, the application will be published in the IPO Gazette. During the said period of publication, anyone can contest the application.
Trademark
A trademark, on the other hand, is any visible sign capable of distinguishing the goods of an enterprise and shall include a stamped or marked container of goods. A trademark is essential to every business as it will help consumers identify one’s brand among the others in the market. To fall under the protection of the law, a trademark must be registered. Once registered, the owner of the trademark would have exclusive rights to make use of the mark. Any one who infringes or uses the same unfairly shall be held liable under the law.
Just like a patent, the application process for trademark registration begins by filing out the Trademark Application Form with the IPO. A drawing of the mark should be attached to the application form.
Related Cases on Trade
- Taiwan Kolin Corporation, Ltd., Petitioner v. Kolin Electronics Co. Inc.,
Copyright
Finally, a Copyright refers to the right one has over literary and artistic works which are original intellectual creatures. As a rule, works in the literary and artistic domains are protected from the moment of creation. However, one can seek better protection by registering their work with the IPO. To be considered copyrightable, however, a work must comply with the basic requisites of originality and expression. As with the two other categories discussed above, the registration of a copyright in the Philippines entails the filing of the appropriate application forms coupled with the necessary filing fees.
Our team of lawyers has many years of experience in drafting, filing and prosecuting patent, copyright and trademark applications. Our lawyers are likewise capable of successfully representing both local and international clients from different industries in administrative proceedings before the Bureau of Legal Affairs of the Intellectual Property Office and in regular courts which include appellate proceedings.
