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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Copyright is a legal concept that gives the creator of an original work exclusive rights to it usually for a limited period of time at its most general. It is literally “the right to copy” but also it gives the copyright holder the right to be credited for the work and determine who may adapt, to benefit from it financially, and other related rights. (Aquino, Ranhilio Calangan, Intellectual Property Law: Comments and Annotations, 2006 Edition).
A patent is granted to provide rights and protection to the inventor after an invention is disclosed to the public. It also seeks to restrain and prevent unauthorized persons from unjustly profiting from a protected invention. However, ideas not covered by a patent are free for the public to use and exploit. Thus, there are procedural rules on the application and grant of patents established to protect against any infringement. To balance the public interests involved, failure to comply with strict procedural rules will result in the failure to obtain a patent. (E.I. Dupont De Nemours and Co. vs. Director Emma Francisco, G.R. No. 174379, August 31, 2016)
“Mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. (Section 121.1, Intellectual Property Code of the Philippines)
Intellectual property rights, including copyright, trademark, and patent protections, each cover distinct aspects of creative works, innovations, and brand identities. These forms of protection serve unique purposes and are governed by separate sets of laws and regulations. As such, it is important to recognize their differences to avoid confusion and ensure accurate application in legal contexts.
As to what it protects
Copyright: Literary and artistic creations/Expression of Ideas
Literary and artistic works, hereinafter referred to as “works”, are original intellectual creations in the literary and artistic domain protected from the moment of their creation. (Section 172.1, Intellectual Property Code of the Philippines)
Copyright protects the form of expression of ideas. (Filipino Society of Composers vs. Anrey, Inc., G.R. No. 233918, August 9, 2022)
Patent: Invention
A patent is granted to provide rights and protection to the inventor after an invention is disclosed to the public. It also seeks to restrain and prevent unauthorized persons from unjustly profiting from a protected invention. (E.I. Dupont De Nemours and Co. vs. Director Emma Francisco, G.R. No. 174379, August 31, 2016)
Trademark: Mark
A business is remembered and revered by its goodwill and reputation. Hence, for a business, its mark is not simply a random, meaningless combination of letters, phrases or symbols. Rather these emblems embody the quality of the goods and services offered by the entity. For these reasons, the law steps in to protect its intellectual property rights. (Emzee Foods, Inc. vs. Elarfoods, Inc., G.R. No. 220558, February 17, 2021)
As to the basis of protection
Copyright: Creativity
The purpose and character requirement is important in view of copyright’s goal to promote creativity and encourage creation of works. (Filipino Society of Composers vs. Anrey, Inc., G.R. No. 233918, August 9, 2022)
Patent: Novelty
The element of novelty is an essential requisite of the patentability of an invention or discovery. If a device or process has been known or used by others prior to its invention or discovery by the applicant, an application for a patent therefor should be denied; and if the application has been granted, the court, in a judicial proceeding in which the validity of the patent is drawn in question, will hold it void and ineffective. (Angelita Manzano vs. Court of Appeals, G.R. No. 113388, September 5, 1997)
Trademark: Distinctiveness
The function of a trademark is to point out distinctly the origin or ownership of the goods to which it is affixed; to secure to him, who has been instrumental in bringing into the market a superior article of merchandise, the fruit of his industry and skill; to assure the public that they are procuring the genuine article; to prevent fraud and imposition; and to protect the manufacturer against substitution and sale of an inferior and different article as his product. (Citigroup, Inc. vs. Citystate Savings Bank, Inc., G.R. No. 205409, June 13, 2018)
In terms of protection
Copyright: Lifetime and 50 years
The rights of an author shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license. (Section 198.1, Intellectual Property Code of the Philippines)
Patent: 20 years
The term of a patent shall be twenty (20) years from the filing date of the application. (Section 54, Intellectual Property Code of the Philippines)
Trademark: 10 years
A certificate of registration shall remain in force for ten (10) years. (Section 145, Intellectual Property Code of the Philippines)
As to the registration requirement
Copyright: Not required; protected from the moment of creation.
Literary and artistic works, hereinafter referred to as “works”, are original intellectual creations in the literary and artistic domain protected from the moment of their creation. (Section 172.1, Intellectual Property Code of the Philippines)
Patent: Registration required
Trademark: Registration required
Despite their distinctiveness, it is possible for an object to receive protection from multiple forms of intellectual property rights simultaneously. Numerous scenarios exist where a single object may qualify for safeguarding under two or more categories of intellectual property rights.
For example, a product may incorporate both creative design elements eligible for copyright protection and innovative features eligible for patent protection. Additionally, its brand name and logo may be registered as trademarks, further enhancing its intellectual property protection. Thus, while copyright, trademark, and patent rights serve unique purposes and cover different aspects of intellectual property, overlap and intersection can occur, allowing for comprehensive protection of creative works and innovations.
One example of an object that could be subject to copyright, patent, and trademark protection simultaneously is a computer software application.
Copyright: The code, graphical user interface, and other creative elements of the software can be protected by copyright law.
Patent: The software may include innovative algorithms, methods, or processes that can be patented to prevent others from using similar techniques.
Trademark: The software’s name, logo, or branding elements can be registered as trademarks to distinguish it from similar products and prevent others from using confusingly similar marks in the marketplace.
While copyright safeguards artistic expressions and original works of authorship, trademarks protect brand names, logos, and symbols, distinguishing products or services in the marketplace. On the other hand, patents safeguard inventions, processes, and innovations, granting exclusive rights to their creators. Despite their differences, understanding and correctly isolating these terms within their respective intellectual property rights are essential for safeguarding creative endeavors and commercial assets.
Read also:
What is the difference between trademarks and copyrights?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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