IPC SUMMARY

NATURE

Where
file

to

Covered
Not covered

PATENT
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.
Bureau of Patents

TRADEMARK
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.

Technical
solutions,
novelty,
inventive step, industrially applicable
Methods, plants, animal breeds,
aesthetic, contrary to public policy

Goods/services

Who
can
file?
Duration

Inventor, assignees

Effectivity

From the date of the cre,ation

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)
The making, using, offering a product
or process without authorization from
the patentee causing damage.
Doctrine of equivalence- substantial
identity;
substantial
function;
substantial results of the patented
and infringing
Can be filed 1 yr. from effectivity
Grounds:
1. against public policy
2. unclear disclosure
not new or patentable

Infringemen
t defined
Test
of
infringemen
t
Cancellation

Defense
Jurisdiction

20 yrs from application

1. patent invalid
2. item not patentable or new
Bureau of legal affairs:
1. opposition to the application for
registration of marks
2. cancellation of marks
3. cancellation of patents
4. violations of laws provided
damages asked less than P200

COPYRIGHT
Intangible right. Effective from the moment of
creation.

Bureau of Trademark

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
The owner
10 years from effectivity provided that 1 yr from the 5 th yr
anniversary of the date of registration, file declaration of
actual use.
From the date of publication
Damages: measured by:
1. reasonable profit
2. actual profit made by defendant
3. reasonable percentage based on the amount of gross sales
of defendant.
Used of others w/o the registrants consent of reproduction or
colourable imitation of a registered mark which would cause
confusion.
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.
Filed within 5 yrs from the time of publication (effectivity)
Grounds: anytime
1. generic name
2. abandoned
3. obtained fraudulently
misrepresent
Creates no confusion to general public
Bureau of legal affairs:
1. opposition to the application for registration of marks
2. cancellation of marks
3. cancellation of patents
4. violations of laws provided damages asked less than P200
In cases of Infringement: RTC

Books,
letters,
lectures,
cinematography,
photography, designs, drawings
works of the government; ideas, principles,
methods, processes; new or miscellaneous facts
that merely forms part of news; official texts of
admin/legislative

Moral right is protected during the lifetime of the

author and 50 yrs after death
From the date of creation but once copyrighted,
it is governed by copyright laws.
Same with unfair competition:
1. injunction
2. impounding
3. destruction
4. actual damages
exemplary damages/moral
5. criminal case
An act of copying, in whole or in part, a
copyrightable material without authority that
would cause substantial damage.
Doctrine of equivalence

For criminal action 1 yr from commission

Who
cancel

can

In cases of Infringement: RTC

Anyone

Anyone