IPC Summary

IPC SUMMARY PATENT TRADEMARK COPYRIGHT NATURE A grant made by the government to an inventor conveying and securing to him the exclusive right to make use of his invention for a given period. Any sign, word, or symbol adopted and used by manufacturer to identify his goods and distinguish them from those manufactured, sold, and dealt by others. Intangible right. Effective from the moment of creation. Where to file Bureau of Patents Bureau of Trademark Covered Technical solutions, novelty, inventive step, industrially applicable Goods/services Books, letters, lectures, cinematography, photography, designs, drawings… Not covered Methods, plants, animal breeds, aesthetic, contrary to public policy 1. immoral; 2. insignia of Philippines 3. name, portrait, signature of person 4. identical registered mark a. same goods/closely related b. cause deceit and confusion c. exclusive indications generally commonly used works of the government; ideas, principles, methods, processes; new or miscellaneous facts that merely forms part of news; official texts of admin/legislative Who can file? Inventor, assignees The owner Duration 20 yrs from application 10 years from effectivity provided that 1 yr from the 5 th yr anniversary of the date of registration, file declaration of actual use. Moral right is protected during the lifetime of the author and 50 yrs after death Effectivity From the date of the cre,ation From the date of publication From the date of creation but once copyrighted, it is governed by copyright laws. Remedies 1. civil action for damages ; 2. injunction 3. receive royalty 4. disposition outside the commerce 5. solidary liability 6. criminal case for repeated one (3yrs) Damages: measured by: 1. reasonable profit 2. actual profit made by defendant 3. reasonable percentage based on the amount of gross sales of defendant. Same with unfair competition: 1. injunction 2. impounding 3. destruction 4. actual damages exemplary damages/moral 5. criminal case Infringement defined The making, using, offering a product or process without authorization from the patentee causing damage. Used of others w/o the registrant’s consent of reproduction or colourable imitation of a registered mark which would cause confusion. An act of copying, in whole or in part, a copyrightable material without authority that would cause substantial damage. Test of infringement Doctrine of equivalence- substantial identity; substantial function; substantial results of the patented and infringing 1. Dominancy test- focuses on similarity of the prevalent features of the competing trademarks w/c might cause confusion or deception 2. Holistic test- mandates entirety of the marks. Doctrine of equivalence Cancellation Can be filed 1 yr. from effectivity Filed within 5 yrs from the time of publication (effectivity) For criminal action – 1 yr from commission

Upload
janesamariam
Category

Documents
view
214
download
2

Embed Size (px):

description

IPC/ IPL

Transcript of IPC Summary

IPC SUMMARYPATENT TRADEMARK COPYRIGHTNATURE A grant made by the government toaninventor conveyingandsecuringtohimtheexclusiveright tomakeuse of his invention for a givenperiod.Any sign, word, or symbol adopted and used by manufacturerto identify his goods and distinguish them from thosemanufactured, sold, and dealt by others.Intangibleright. Efectivefromthemoment ofcreation.Where tofleBureau of atents Bureau of !rademarkCovered !echnical solutions, novelty,inventive step, industrially applicable"oods#services Books, letters, lectures, cinematography,photography, designs, drawings$Not covered %ethods, plants, animal breeds,aesthetic, contrary to public policy&. immoral'(. insignia of hilippines). name, portrait, signature of person*. identical registered marka. same goods#closely relatedb. cause deceit and confusionc. exclusive indicationsgenerally commonly usedworks of the government' ideas, principles,methods, processes' new or miscellaneous factsthat merely forms part of news' o+cial texts ofadmin#legislativeWho canfle?Inventor, assignees !he ownerDrat!on (, yrs from application &,yearsfromefectivityprovidedthat &yr fromthe-thyranniversary of the date of registration, .le declaration ofactual use.%oral right is protected during the lifetime of theauthor and -, yrs after deathE"ect!v!t#/rom the date of the cre,ation /rom the date of publication /rom the date of creation but once copyrighted,it is governed by copyright laws.Re$ed!e% &. civil action for damages '(. in0unction). receive royalty*. disposition outside the commerce-. solidary liability1. criminal case for repeated one2)yrs34amages5 measured by5&. reasonable pro.t(. actual pro.t made by defendant). reasonable percentage based on the amount of gross salesof defendant.6ame with unfair competition5&. in0unction(. impounding). destruction*. actual damagesexemplary damages#moral-. criminal caseIn&r!n'e$ent defned!he making, using, ofering a productor process without authori7ation fromthe patentee causing damage.8sed of others w#o the registrant9s consent of reproduction orcolourableimitation of a registered mark which wouldcauseconfusion.An act of copying, in whole or in part, acopyrightable material without authority thatwould cause substantial damage.Te%t o&!n&r!n'e$ent4octrineof e:uivalence; substantialidentity' substantial function'substantial results of the patentedand infringing&. 4ominancy test; focuses on similarity of the prevalentfeatures of the competing trademarks w#c might causeconfusion or deception(. & yr from commissionDe&en%e &. patent invalid(. item not patentable or new=reates no confusion to general public(r!%d!ct!on Bureau of legal afairs5&. oppositiontotheapplicationforregistration of marks(. cancellation of marks). cancellation of patents*. violations of laws provideddamages asked less than (,,Bureau of legal afairs5&. opposition to the application for registration of marks(. cancellation of marks). cancellation of patents*. violations of laws provided damages asked less than (,,In cases of Infringement5 ?!=In cases of Infringement5 ?!=Who cancancelAnyone Anyone