When it comes to protecting your intellectual property, it is essential to understand the difference between trademark, copyright, and patent. These legal protections have a different purpose and application process, and knowing which one fits your needs can help you ensure that your work or inventions are protected.
What is the Difference Trademark, Copyright and Patent?
Copyright
Copyright refers to the legal protection of literary and artistic works, such as writings, musical works, films, photographic works, paintings, sculptures, other works of arts, computer programs, and mobile applications. This grants the owner an exclusive rights from their “original work”, referring to their intellectual creation in the literary, scientific, and artistic domain.
Patent
Patent is a legal right and protection given by the government to inventors or applicants in return for disclosing an invention. A patentable invention is considered a technical solution to the problem in any field of human activity, which provides society a public access to technical information regarding the invention and accelerating innovation. These inventions may be a product, process or method, computer-related inventions, and improvement of any of the foregoing.
Trademark
A trademark is a word, a group of words, sign, symbol, logo, or a combination thereof. It identifies and differentiates the source of the goods and services from others. It also protects a business’ brand identity in the marketplace and prevents others from using or exploiting the mark in any way.
How to Register and Deposit Copyrighted Works in the Philippines?
Copyright protection lasts for the lifetime of the author and an additional fifty (50) years after the author’s death. To register and deposit copyrighted works, the applicant must follow these procedures:
- Fill Out the Form. Download and fill out the BCRR Transaction Form. Ensure that all given information is complete and accurate.
Submission of Requirements. Send the requirements to copyright_registration@ipophil.gov.ph. Your email subject must be “Request for Copyright Registration_(Name of Applicant)”. - Pay the Fees. Once your request form has been assessed, a Statement of Account (SOA) will be sent to you through email indicating the fees due within a period to settle payment. An email will also be sent to you confirming receipt of payment and a copy of the IPOPHL electronic receipt.
- Issuance. Upon confirmation of payment, the Bureau of Copyright and Related Rights (BCRR) will issue an eCertificate of Copyright of Registration and Deposit (eCRD). Your certificate will be sent to you through email.
How to File for Patent Grant in the Philippines?
A patent is protected for twenty (20) years from the date of filing in the Philippines, with no possibility of renewal. To file for a patent grant, the applicant must follow these procedures:
- Conduct a Patent Search. You can conduct a patent search through https://wipopublish.ipophil.gov.ph/wopublish-search/public/patents. Note that this procedure is optional and only if you want to check the existing prior art similar to your invention.
- File a Request for Patent Grant. Visit the eInventionFile and fill out the applicable information.
- Fill Out the Form. Fill out the information applicable to you. Whether you are the applicant, inventor, or agent/representative. Pursuant to Rule 422 of the Revised IRR of 2022, a mandatory appointment of resident agent will be required for non-resident applicants. While for resident applicants, communications will be sent to them if there is neither appointed agent nor representative.
- Submission of Documents. Submit and upload all the necessary documents. Upon completion of documents, a fee computation will be shown.
- Review and Payment. After submitting the documents, you will be asked to review all the given information. Once confirmed, you are required to pay the fees online through Dragonpay, Paymaya, or Visa.
- Formality Examination. Your patent application will go through formality examination which are prior art search, publication for opposition, and substantive examination.
- Issuance. If there is no opposition and approved by the Intellectual Property Office of the Philippines (IPOPHL), they will issue a Patent Certificate.
How to Apply for Trademark Registration in the Philippines?
The IPOPHL follows the first-to-file rule, meaning the first person to apply for trademark registration is granted ownership rights to the mark. To process a trademark registration, the applicant must follow these procedures:
- Visit the Website. The trademark application is filed through eTM File Page or https://bit.ly/IPOPHL-eTMFile. To proceed on the application, click “proceed to eTM File”.
- Select Type of Mark. Select the type of mark you want to register. You may also include details such as disclaimers, transliteration, description of the mark, and color value.
- List of Goods and Services. List down the goods or services covered by your mark. If you know your goods or services, click “I want to provide my list”.
- Priority Claim. Select if there is a priority claim of an earlier date. If you do not have an international application, select “no” and proceed to the application.
- Fill Out the Application Form. Fill out the necessary information and click “Add” to upload your details on the record. Ensure that all given information is accurate and correct.
- Declare Entity Status. Select which entity status applies to your company. Small Entity for assets below PHP 100,000,000.00 and big entity for assets above PHP 100,000,000.00.
- Payment of Fees. Choose your payment method (Dragonpay, Paymaya, or visa) and complete the payment.
Why is It Important to Copyright Your Works?
In the Philippines, copyright registration is optional. However, it is highly advisable as it grants the following rights to the owner of the copyright works:
- Legal Protection. Copyright protects the literary and artistic works, even derivative works, under copyright law. The © symbol establishes ownership, which helps the owner safeguard their creative works from being used and copied by others without their consent.
- Exclusive Rights. Copyright grants the owner the right to reproduce, distribute, and display their work. This allows the copyright owner to claim the statutory damages in copyright infringement cases.
- Commercial Benefits. The owner can sell, license, or use their work as a collateral loan, as long as it is copyrighted.
Why is It Important to Patent Your Inventions?
Registering for patent grants the owner the following benefits:
- Legal Protection. A patent protects the invention for twenty (20) years, preventing it from plagiarism or imitation.
- Prevents Misuse. The patent owners can restrain, prohibit, and prevent any unauthorized individual or entity from making, using, offering for sale, selling or importing their invention. Pursuant to Section 71 of the Intellectual Property Code, patent owners have the right to assign or transfer by succession the patent, and to conclude licensing contracts for the same.
- Legal Rights. In case of patent infringement, the patent owner may file a civil, criminal, or administrative case. An administrative complaint must be filed with the Bureau of Legal Affairs of the IPO, with an amount of not less than PHP200,000.00. However, if the amount is less than PHP200,000.00, it must be filed with the Department of Trade and Industry (DTI).
Why is It Important to Register Your Trademark?
The Intellectual Property Office (IPO) gives the trademark rights to the first person who file an application, other than that the trademark owner may possess the following benefits:
- Brand Recognition. A trademark can be a word, phrase, sign, symbol, logo, or combination thereof, which helps the customers or clients distinguish your company from competitors. This also prevents others from using identical or confusingly similar to your mark.
- Competitive Advantage. Trademarks are used for marketing campaigns and promotional materials, which would be advantageous in attracting your target market and recognizing your products or services from others.
- Legal Rights. Once you register your trademark, you are granted exclusive rights to use, license, and sell your mark. Additionally, if someone tries to imitate your mark, you may file a civil, criminal, or administrative case with the Bureau of Legal Affairs of the IPO. Note that a registered mark is only protected for ten (10) years and can have another ten (10) years protection from the IPO, once renewed.
Need further information and assistance regarding the Difference between Copyright, Patent and Trademark? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
