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Republic Act. No. 10372, Trade Secret - intellectual property (IP) rights…

- - - - Industrially applicable
      - New
        
        Prior Art - Prior art is any evidence that your invention is already known to anyone. Prior art does not need to exist physically or be commercially available. It is enough that someone, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention. (Examples: Vendo Machines; Drones; coffee maker; color and shape shorter, cooling and heating devices)
      - Involves an inventive step
    - - Discoveries, scientific theories and mathematical methods;
      - Schemes, rules and methods of performing mental acts, playing games or doing business,
        and programs for computers;
      - Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
      - Plant varieties or animal breeds or essentially biological processes for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
      - Aesthetic creations; and
      - Anything which is contrary to public order or morality. (Example: Chemicals that would kill any form of human or other significant life; any tools or devices that would aid in creation of harmful bacteria or viruses; etc.)
- - - - Protect Both Original Work and Derivative Work
        
        Original Work - refers to every production in the literary, scientific and artistic domain. Among the literary and artistic works enumerated in the IP Code includes books and other writings, musical works, films, paintings, sculptures, engravings, photographic, audiovisual or cinematographic works, and computer programs.
        
        They are Protected from the Moment it is created not the from the moment in Registered
        
        Derivative Work - refers to works based upon one or more preexisting works. It includes dramatizations, translations, adaptations, abridgments, collections of literary, scholarly or artistic works
  - - - Related Rights or Neighboring Rights
        
        (a) performers; (b) producers of sound recordings; and (c) broadcasting organizations.
        
        Persons / entities other than the author of a work, by virtue of their contributing substantial creative, technical or organizational skill in the process of making the work available to the public, are also vested with related rights or neighboring rights
      - Joint Authorship
        
        co-authors are the copyright holders and in the absence of an agreement, rules of co-ownership apply ,except if the work’s parts can be used separately, and the corresponding authors can be identified in which case, each author has copyright over his own part.
      - Audiovisual Work
        
        The copyright belongs to different stakeholders in audiovisual works (producer, author of a scenario, music composer, film director, author of the work adapted into the audiovisual form) but subject to stipulations by the creators.
    - - Copyright Generally last until after 50 Years of the Death of Author
        
        Broadcast - 20 years from the first broadcast took place
        
        In Applied Art - 25 Years from the date it was made
        
        Anonymous or Pseudonymous Works - 50 years from
        the date on which the work was first lawfully published.
        
        Photographic Works and Audio visual works - 50 years from the date of publication or from the making (Unpublish)
        
        Performance not incorporated in recordings - 50 years after the end of the Year the Performance took place
        
        Sound or Image and Sound Recordings and for performances incorporated therein - (50) years from the end of the year in which the recording took place
  - - - Four Factors
        
        The Purpose and Character of your use
        
        The Nature of the copyrighted work
        
        The Amount and Substantiality of the portion taken; and
        
        The Effect of the use upon the potential market.
  - - - The Philippines had acceded to the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (collectively known as the “WIPO Internet Treaties” in March 2002. The treaties entered into force here on October 4, 2002. The Internet Treaties were formulated to update and improve the protection afforded by the existing copyright treaties. They ensure that the copyright holders will continue to be protected when their works are disseminated through the Internet
    - - still the most comprehensive multilateral agreement on intellectual property (IP). It plays a central role in facilitating trade in knowledge and creativity, in resolving trade disputes over IP, and in assuring WTO members the latitude to achieve their domestic policy objectives. It frames the IP system in terms of innovation, technology transfer and public welfare. The Agreement is a legal recognition of the significance of links between IP and trade and the need for a balanced IP system.
  - - - IPO Visitation
        
        IPO intends to Search and Seizure, Must Comply to Law such as having a Warrant
        
        If with BOC (Bureau of Customs) or the OMB (Optical Media Board) can conduct Search and Seizure on their rights without Warrant