Safeguarding your Intellectual Property in Philippines:
Setting up a business in a new location such as the Philippines is not only an exciting venture, extremely tricky when it comes to dealing with the local laws. Implementation of the concept and safeguarding your intellectual property is equally challenging proposition in a foreign land.
Intellectual property (IP) law in the Philippines typically refers IP as invention, literary works, symbols, design, artwork, musical pieces, images, pictures and even names etc. that are used for commercial purposes. Law protects all these creations and ensures that the people behind it are given due recognition or remuneration for their effort. Trademarks, Patent and Copyright are some of the examples to protect your intellectual property in a foreign land.
The Intellectual Property rights in the Philippines have several categories wherein a creator or innovator can register their creation.
Patent- How to get a patent in the Philippines?
A patent refers to the exclusive rights to a product or process, as well as its improvements—granted that the product or process offers something new and useful. The inventor or creator of the patent has the right to choose as to who can use, sell, or even make something similar during its 2-year validity period. Some examples of inventions or creations that can be filed as patents include new and useful machines, products and processes (non-biological and microbiological); improvements of devices, products and processes; and microorganisms etc. The requirements for a creation to be considered patentable are that the creation would have a novel idea, inventive, and can be applied in an industrial setting.
To register a patent form of Intellectual Property in the Philippines:
1) To fill out a grant form for a patent in the Philippines as well as submit descriptions and drawings of the invention or process.
2) Once the application has been filled, it will be published in the IPO Gazette. During the period of its publication, anyone can write in or contest the application.
3) Corresponding filing fees amount to PHP 3600 and PHP 1800 (approx.) for big and small inventions respectively.
Trademark- How to register a trademark?
The other form of intellectual property is Trademark. It is a tool used to differentiate services and goods from one another. It can be in the form of a word or a group of words; a sign, logo, or symbol or the combination of all. A trademark helps a consumer to identify and associate with a product or service and hence essential in modern day marketing. To protect your brand, it is advisable to have it registered. This way, the owner of the trademark would have exclusive rights to make use of the mark. Furthermore, it will ensure that no one else can use the same or even a similar mark for the products or services of a similar nature.
Trademark registration in the Philippines
To register your trademark in the Philippines is similar to that of a patent. The application or filing for the exclusive rights for a trademark is necessary depending on the business and the business owner. As the rights to a mark are granted to the first person who filed the IPO first, it is imperative that one would search within the IPO’s Database to avoid redundancies in the application.
For filing purposes, one needs to fill out the Trademark Application Form, as well as attach a drawing of the mark. The filing fees is PHP 2,160 and PHP 1,080 (subject to change), for big and small marks, respectively.
Copyright – How to copyright your product in Philippines?
Copyright refers to the protection given to the owner of an original work covering literary works, musical pieces, paintings, and computer programs, among others.
Under the copyright laws, the owner of the original work is entitled to economic rights and moral rights. Economic rights enable the creator to receive profit gains should third parties distribute his works. Moral rights, on the other hand, protect the connection between the creator and his work.
Once the owner receives the rights to his work, unauthorized third parties are prohibited from selling or distributing the works, especially for trade purposes.
Copyright registration in the Philippines
One needs to fill out an application form, attach a copy of their work, and pay the basic filing fee of PHP 625 (subject to change) at the IPO. All intellectual property rights need to follow similar protocols to register in the Philippines.
The Madrid Protocol
The Madrid Protocol is an international treaty, allowing trademark registration in the Philippines or any country—as long as they are part of the Madrid Protocol.
One would only need to file a single application. Should your application be ratified, the approved mark will be protected in all the countries that are part of the Madrid Protocol.
Acceding to Madrid Protocol lets trademark owners in the Philippines a better platform to secure protection for their respective marks. The Madrid Protocol offers a simple and cost-effective solution that promotes transparency and enables entrepreneurs to ensure their marks in a faster and easier manner.
This Protocol encourages opening up businesses in multiple countries, as one can designate the countries where their marks would need protection. This Protocol supports companies to widen their market segment while keeping their interests in check.
With globalization, gaps between countries are now bridged easily. Business owners can now partake in business dealings around the world without having to worry about infringement of information.
With the help of all these intellectual property laws, information now becomes a boon to society.
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