Training on Intellectual Property Rights, Biotech-IPR Training Center, Philippine Rice Research Institute, Science City of Muñoz, Nueva Ecija, Philippines, 24-25 November 2005

1. Training on Intellectual Property Rights
Biotech-IPR Training Center
Philippine Rice Research Institute
24-25 November 2005

2. To protect, or
not to protect?
The Basics of IPs
Caezar Angelito E. Arceo
Executive Assistant III
Office of the Deputy Executive Director for Administration
Philippine Rice Research Institute
Telefax number: +63 45 456 0441
Mobile numbers: +63 920 901 4552; +63 918 518 5555
Emails: cae_arceo@philrice.gov.ph, cuagoo@yahoo.com

3. Ideas…
Ideas…
Ideas…
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

4. Question No. 1
Do we really need to protect
our intellectual property?

5. The rush for credits
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

6. The rush for credits
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

7. The rush for credits
Teodula Afrika’s
nata de coco no protection sought; now other
countries with patent
THEN NOW
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

8. The rush for credits
IRRI-PhilRice’s
Leaf color chart
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

9. The rush for credits
IRRI-PhilRice’s
Leaf color chart University of California at USPTO
THEN NOW
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

10. The rush for credits
PhilRice’s rice attempted by a private company to
wine label register the label at IPO
THEN NOW
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

11. The rush for credits
PHILRICE COPYCAT
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

12. The promises of IP ownership
 Exclusive rights
 Strong market position
 Higher return on investment
 Opportunity to license or sell the IP
 Increase in negotiating power
 Positive image for your enterprise
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

13. The promises of IP ownership
 Better quality of people’s life
 Protection from inferior quality of product
 Has inputs and standards to industry on
what products to produce and services to
provide
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

14. Question No. 2
Why IP protection should
be ensured?

15. International treaties
Patent Cooperation Treaty (since 2001)
Convention on Biological Diversity (since 1995)
Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) (since 1995)
Rome Convention on Performers, Phonograms
and Broadcasting Organizations (since 1984)
Budapest Treaty on Deposit of Microorganisms (since 1981)
Convention Establishing the World Intellectual Property
Organization (since 1980)
Paris Convention on Industrial Property (since 1965)
Berne Convention on Literary and Artistic Works (since 1951)
International Union for the Protection of New Varieties of Plants
(UPOV)
Cartagena Protocol on Biosafety
International Undertaking for Food and Agriculture
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

16. Philippine laws
“The State shall protect and secure the
exclusive rights of scientists, inventors, artists,
and other gifted citizens to their intellectual
property and creations, particularly when
beneficial to the people, for such period as
may be provided by law.”
- Article XIV, Section 13 of the
1987 Constitution
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

17. Philippine laws
RA 165 (old Patent Law) Intellectual
RA 166 (old Trademark Law) Property Code
PD 49 (old Copyright Law) (RA 8293)
THEN NOW
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

18. Philippine laws
“The State recognizes that an effective intellectual
and industrial property system is vital to the development of
domestic and creative activity, facilitates transfer of
technology, attracts foreign investments, and ensures
market access for our products. It shall protect and secure
the exclusive rights of scientists, inventors, artists and other
gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such periods
as provided in this Act.”
- Section 2 of Republic Act No. 8293
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

19. Philippine laws
“The state recognizes that an effective intellectual
property system in general and the development of new plant
variety in particular is vital in attaining food security for the
country. To this end, it shall protect and secure the exclusive
rights of breeders with respect to their new plant variety
particularly when beneficial to the people for such period as
provided for this Act.”
- Section 2(a) of Republic Act No. 9168,
or the Plant Variety Protection Act of
2002.
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

20. Philippine laws
“(T)o give priority to invention and its utilization on
the country’s productive systems and national life… and
provide incentives to inventors, and protect their exclusive
rights to their invention, particularly when the invention is
beneficial to the people and contributes to national
development and progress…”
- Section 2 of the RA 7459, or
the Inventor and Invention
Incentives Act
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

21. Question No. 3
What are IPs?

22. Species of properties
PERSONAL REAL INTELLECTUAL
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

23. Intellectual properties defined…
Any creation or product of the human
mind;
May be expressed in the form of
original ideas, expressions, and
processes.
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

24. Forms of IPs
Copyright and Related Rights;
Trademarks and Service Marks;
Geographic Indications;
Industrial Designs;
Patents;
Layout-Designs (Topographies) of
Integrated Circuits; and
Protection of Undisclosed Information
(n,TRIPS).
- Subsection 4.1. of RA 8293 (IP Code)
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

25. Copyrights
Protection extended to expressions of
ideas.
Expression in the form of literary,
scholarly, scientific, and artistic
creations.
Literary and derivative works
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

26. Copyrights
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo
©

27. Trade and service marks
Any visible sign capable of distinguishing
the goods or services of an enterprise
It establishes the goodwill of an enterprise
by denoting the quality of its goods and
services
Shall include a stamped or marked
container of good
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

28. Trade and service marks
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

29. Geographical indications
A notice stating that a given product
originates in a given geographical area
A given quality, reputation, or other
characteristics of the good are essentially
attributable to its geographical origin
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

30. Geographical indications
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

31. Industrial designs
Any composition of lines or colors
or any three-dimensional form,
whether or not associated with lines
or colors;
Gives special appearance to and
can serve as pattern for an
industrial product or handicraft.
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

32. Patents
Product or process,
improvement, or any
for the foregoing in
any field of human
activity
A solution to any
technical solution of a
problem
New, inventive, and is
industrially applicable
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

33. Utility models
A useful machine
An implement or tool
A product or composition
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

34. Layout design of
Integrated Circuits (IC)
Three-dimensional disposition, however
expressed, of the elements, at least one of
which is an active element, and some of or
all of the interconnections of an IC,
Three-dimensional disposition prepared for
an IC for intended for manufacture
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

35. Layout design of
Integrated Circuits (IC)
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

36. Undisclosed information
Natural and legal
persons shall have the
possibility of preventing
information lawfully
within their control from
being disclosed to,
acquired by, or used by
others without their
consent in a manner
contrary to honest
commercial practices.
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

37. Undisclosed information
Conditions:
It is secret in the sense that it is not as a
body or in precise configuration and
assembly of its components, generally
known among or readily accessible to
persons within the circles that normally deal
with the kind of information in question;
It has commercial value because it is secret;
and
It has been subject to reasonable steps
under the circumstances, by the person
lawfully in control of the information, to keep
it secret.
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

38. Plant variety protection
A sui generis system that gives rights to
breeders over the propagating, and to
some extent harvested, materials of
varieties they bred or discovered and
developed
Plant varieties that are:
New
Distinct
Uniform
Stable
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

39. Comparison of different IPRs
Form of IP Period of Protection
Plant Variety Protection (PVP) 25 years
Copyright Lifetime and 50 years beyond lifetime
Trademark/ Service Mark 10 years
Patents 20 years
Industrial Design Five (5) years from the filling date of the
application; may be renewed for not more
than two (2) consecutive five (5) years
each
Utility Model 7 years
Integrated Circuit 10 years
Trade Secret / Geographic Unlimited
indications
Plant varieties 25 years for trees and vines; 20 years for
all other plants
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

40. Limitations of IPs
For copyright:
idea, procedure,
system method of
operation,
works of the
government, news
of the day,
official text of
legislative,
administrative or
legal nature, etc.
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

41. Limitations of IPs
For copyright:
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

42. Limitations of IPs
Non-patentable inventions:
Discoveries, scientific theories,
and mathematical concepts;
Schemes, rules, and methods of
performing mental acts, playing
games, or doing business, and
programs for computers;
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

43. Limitations of IPs
Non-patentable inventions:
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

44. Limitations of IPs
Non-patentable inventions:
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

45. Limitations of IPs
Non-patentable inventions:
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

46. Limitations of IPs
Non-patentable inventions:
Methods for treatment of the human or
animal body by surgery or therapy and
diagnostic methods;
Plant varieties or animals
breeds or essentially
biological processes;
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

47. Limitations of IPs
Non-patentable inventions:
Aesthetic creations;
Anything which is contrary to
public order or morality.
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

48. Question No. 4
What are the benefits from
protecting our IPs?

49. Advantages of protecting IP
Direct the use of the intellectual property
Reserve the right for future government
protection
Ensure proper distribution of the intellectual
property
Potential financial gain
Recognition of efforts of innovators
Gain prestige for the institution
Benefiting society
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

50. Business powers of IPR
Establishment of contractual
arrangements
Selling of the intellectual property and/or
intellectual property rights
Licensing of the intellectual property
and/or intellectual property rights rights
Giving away the intellectual property
and/or intellectual property rights
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

51. Purposes of the IP System
To enable the inventor to recoup the
cost of the invention
To serve as an incentive for future
research & development
To facilitate transfer of technology or
licensing
To encourage inventors to disclose their
inventions
To protect, or not to protect? The basics of IP
© 2005 Caezar AE. Arceo

52. Question No. 5
To protect, or not to protect?

53. Copyright © 2005
Caezar AE. Arceo
All Rights Reserved
Acknowledgments
 Atty. Ronilo A. Beronio, ODEDA / IPMO
 Ms. Jane Garcia-Payumo, ODEDA / IPMO
 Charizzma Love Gado, PhilRice DevComm
 Ms. Elaine T. Joshi, PhilRice Library
 Ms. Fely Reina V. Manaois, ODEDA / IPMO
 Ms. Frances Aura Michelle V. Sapitan, ODEDA /
IPMO
 Ms. Mia Mendoza, Records Office
 Websites of the Philippine government, Supreme
Court, various martial arts organizations, and
others.
Thank you!!!
Please enjoy your
stay at PhilRice.

54. To protect, or
not to protect?
The Basics of IPs
Caezar Angelito E. Arceo
Executive Assistant III
Office of the Deputy Executive Director for Administration
Philippine Rice Research Institute
Telefax number: +63 45 456 0441
Mobile numbers: +63 920 901 4552; +63 918 518 5555
Emails: cae_arceo@philrice.gov.ph, cuagoo@yahoo.com