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All you want to know about how your Intellectual Property Rights can be protected (FAQ’s on I.P.)
Q. What does the term “intellectual property rights” consist of under the Intellectual Property?
A. “Intellectual Property Rights” consist of copyright and related rights, trademarks and service marks, geographic indications, industrial designs, patents, layout – designs (topographies) of integrated circuits and protection of Undisclosed Information.
Q. What is a “mark”, “trade name”, “collective mark”?
A. “Mark” means any visible sign capable of distinguishing the goods (trademark) or services (sercice mark) of an enterprise and shall include a stamped or marked container of goods.
“Trade name” means the name or designation identifying or distinguishing an enterprise.
“Collective mark” means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark.
Q. What does the term “technology transfer arrangements” refer?
A. “Technology transfer arrangements” refer to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, tha application of a process, or rendering of a service, including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market.
Q. Does the Philippines recognize the principle of reciprocity in Intellectual Property Registrations?
A. Yes. Under the Intellectual Property Code, Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right or otherwise entitled by this Act (Intellectual Property Code).
Q. How can “marks” be acquired?
A. Through registration made validly in accordance with the provisions of the Intellectual Property Code.
Q. What are the requirements of a Trademark Application?
A. The requirements are:
A request for Application
The name and address of the applicant
The name of State of which the applicant is a national or where he has domicile; and the name of a State in which the applicant has a real and effective industrial or commercial establishment, if any;
Where the applicant is a juridical entity, the under which it is organized and existing;
The appointment of an agent or representative, if the applicant is not domiciled in the Philippines;
Where the applicant claims convention priority of an earlier application, an indication of the name of the State with whose national office the earlier application was filed or if filed with an office other than a national office, the name of that office; the date on which the earlier application was filed; and where available, the application number of the earlier application.
Or you may simply “click” the “icon for online filing” found on the middle – right hand corner of the home page, fill out the data and CNLEXFIRM will do the rest to file the application. You may also wish to “click” the “send email icon” to post your message or query to us and we will give you answer to your query within three days from our receipt of your email.
Q. Does the Philippines recognize International Conventions and Reciprocity Rule?
A. Yes. Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law shall be entitled to benefits to the extent necessary to give effect to any provision of such convention treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act (R.A. 8293).
Thus, a national of any member country of the Paris Convention can file the same trademark application in the Philippines, expressly claiming convention priority within six (6) months from its filing in a country member of the Paris Convention and shall be considered as filed as of the day the application was first filed in the the said country.
The same is likewise true in case of patent inventions. The term for which the patent application to be filed in the Philippines expressly claiming convention priority shall be within twelve (12) months from the date the earliest foreign application was filed. The certified copy of the foreign application, together with an English translation should however be filed within six (6) months from the date of filing the patent application in the Philippines.