1|Page

COURSE Ge. Elec. 2- Technopreneurship

DEVELOPER Aldrex Gonzales Laxamana
AND THEIR Master in Business Administration (2014-present) Tarlac State University
BACKGROUND Bachelor of Science in Business Administration- Major in Management- New
Era University
laxamanaaldrex@[Link]
aglaxamana@[Link]
COURSE This course aims to enable the students to recognize and assess technology-
DESCRIPTION based entrepreneurship in their related organization and to evaluate
entrepreneurial processes in the technological age.
Topics include Review on Entrepreneurship; Introduction to
Technopreneurship; Creativity and Innovation and New Technological
Products Development; Intellectial Property; Digital Marketing and E-
commerce; Web 4.0 and Cryptocurrency; Corporate Social Responsibility;
and Cashless Transactions
COURSE I. Review on Entrepreneurship and Basic Concepts of
OUTLINE Technopreneurship
II. Creativity and Innovation and NTPD
III. Intellectual Property
IV. Digital Marketing and E-commerce
V. Web 4.0 and Cryptocurrency
VI. Cashless Transactions and Corporate Social Responsibility
CHAPTER III
TITLE Intellectual Property
RATIONALE This chapter covers the following topics:
 IP protection
 Copyright, Patent, Trademark
 Business contracts
 Legal issues
INSTRUCTION This module should be completed within 2 weeks. Lectures are provided in
TO THE USERS this module. Activities should be answered after reading and understanding
each topic.
LEARNING After going through this module, you are expected to:
OBJECTIVES 1. Demonstrate knowledge and appreciation of IP protection
2|Page
 2. Demonstrate information on copyright, patent, and trademark
3. Explain the concepts and laws on intellectual property.
4. Demonstrate honesty, reliability, responsibility, judgment, and critical
self-reflection
5. Demonstrate knowledge and understanding of the specific aspect(s)
of intellectual property law that is/are relevant to their careers

What is intellectual property?

CONTENT
PREPARATORY
ACTIVITIES

Intellectual property refers to creations of the mind. It can be an invention

(patent / utility model), a design (industrial design), a brand name (trademark,
or a literary and artistic work (copyright).

Intellectual property (IP) is a category of property that includes intangible

creations of the human intellect. There are many types of intellectual
property, and some countries recognize more than others. The most well-
known types are copyrights, patents, trademarks, and trade secrets.

The main purpose of intellectual property law is to encourage the creation of

a wide variety of intellectual [Link] achieve this, the law gives people and
businesses property rights to the information and intellectual goods they
create, usually for a limited period of time. This gives economic incentive for
their creation, because it allows people to profit from the information and
intellectual goods they [Link] economic incentives are expected to
stimulate innovation and contribute to the technological progress of countries,
which depends on the extent of protection granted to innovators.

3|Page
The intangible nature of intellectual property presents difficulties when
compared with traditional property like land or goods. Unlike traditional
property, intellectual property is "indivisible", since an unlimited number of
people can "consume" an intellectual good without it being depleted.
Additionally, investments in intellectual goods suffer from problems of
appropriation: a landowner can surround their land with a robust fence and
hire armed guards to protect it, but a producer of information or literature can
usually do very little to stop their first buyer from replicating it and selling it at
a lower price. Balancing rights so that they are strong enough to encourage
the creation of intellectual goods but not so strong that they prevent the
goods' wide use is the primary focus of modern intellectual property law.

What is a patent?

A patent is an exclusive right granted for a new, inventive, & useful product. It
can take the form of a new product, process or technical improvement to
existing invention. Patent owners may also give permission to, or license,
other parties to use their inventions on mutually agreed terms.

An invention patent is a government-issued grant, bestowing an exclusive

right to an inventor over a product or process that provides any technical
solution to a problem in any field of human activity which is new, inventive,
and industrially applicable. Owners may also sell their invention rights to
someone else, who then becomes the new owner of the patent.

What is industrial design?

An industrial design consists of three-dimensional features, such as the
shape or surface of an article, or of two-dimensional features, such as
4|Page
patterns, lines or color.

An industrial design is the ornamental or aesthetic aspect of an article.

Design, in this sense, may be three-dimensional features (shape or surface
of an article), or the two-dimensional features (patterns or lines of color).
Handicrafts, jewelry, vehicles, appliances - the subject of industrial designs
range from fashion to industrial goods. The owner of a registered industrial
design has the right to prevent third parties from making, selling or importing
articles bearing or embodying a design which is a copy, or substantially a
copy, of the protected design, when such acts are undertaken for commercial
purposes.

What is a trademark?

A trademark is a word, a group of words, sign, symbol, logo or a combination

thereof that identifies and differentiates the source of the goods or services of
one entity from those of others.

If you’re a business, distinguishing your goods or services from others gives

you a competitive edge. A trademark protects a business’ brand identity in
the marketplace. Registration of it gives the owner the exclusive rights to
prevent others from using or exploiting the mark in any way. Aside from being
a source-identifier, differentiator, quality indicator, and an advertising device,
a protective mark may also bring another stream of income to the owner
through licensing or franchising.

What is a copyright?
Copyright is the legal protection extended to the owner of the rights in an
original work. “Original work” refers to every production in the literary,
scientific and artistic domain.
5|Page
Among the literary and artistic works enumerated in the IP Code includes
books and other writings, musical works, films, paintings and other works,
and computer programs. Copyright laws grant authors, artists and other
creators automatic protection for their literary and artistic creations, from the
moment they create it.

Works covered by copyright that can be deposited with Intellectual Property

Office of the Philippines (IPOPHL) are, but are not limited to: novels, poems,
plays, reference works, newspapers, advertisements, computer programs,
databases, films, musical compositions, choreography, paintings, drawings,
photographs, sculpture, architecture, maps and technical drawings.

What are utility models?

Utility models, just like inventions, is an exclusive right granted to for an
invention, but it does not require the condition of the involvement of an
inventive step to be protected.

A registrable utility model is any technical solution to a problem in any field of

human activity which is new and industrially applicable. It may or may not
have an inventive step. A Utility Model (UM) allows the right holder to prevent
others from commercially using the registered UM without his authorization,
provided that the UM is new based on the Registrability Report. Compared
with invention patents, it is relatively inexpensive, faster to obtain, and with
less stringent patentability requirements.

What are the IP laws in the Philippines?

R.A. 8293
An Act prescribing the Intellectual Property Code and establishing the
Intellectual Property Office, providing for its powers and functions, and for
other purposes

R.A. 165
An Act creating a patent office, prescribing its powers and duties, regulating
the issuance of patents, and appropriating funds therefore

R.A. 166
An Act to provide for the registration and protection of trade-marks, trade-
names, and service marks, defining unfair competition and false marking and
providing remedies against the same, and for other purposes
6|Page
Presidential Decree No. 49
Decree on the protection of intellectual property

Patent/ Utility Model/ Industrial Design laws:

 R.A. 8293: The Intellectual Property Code, as amended by R.A.s 9150,
9502, and 10372
Specific Trademark Law:
 R.A. 623: Use of Duly-Stamped and Marked Containers (1951), as
amended by R.A. 5700
Special Copyright implementing rules:
 Rules and Regulations on Copyright Registration and Deposit (2013)
 Rules and Regulations on the Accreditation of Collective Management
Organizations (2013)
 Rules on Resolution of Public Performance Disputes (2013)

Read the complete laws on intellectual property

promulgated by the Philippine legislature here:
[Link]
q4yj7nRjmkcsI/edit#heading=h.hjkcidxtj504

What are business contracts?

A business contract is a legally binding agreement between two or more

persons or entities. Contracts and agreements are important for conducting
business for all sizes of companies. In earlier decades, there were few written
business contracts, and many business and personal deals were done with a
handshake. If a problem arose, the two parties could take the issue to court,
and a judge would hear the case even if the contract was not put into writing.

While a verbal contract is still legal (except for in specific situations), most
contracts are documented in written form. Contracts have become
increasingly detailed these days, and every effort is made to make all
7|Page
possibilities and eventualities clear.

Enforceable Contracts
In addition to being clear and specific, a contract must meet certain criteria to
make it legally enforceable. A legally enforceable contract can be used in
court to support a decision on a disputed item. If a contract does not have
certain essential ingredients, it is not legally enforceable.

Most contracts never see a courtroom and they could easily be verbal unless
there is a specific reason for the contract to be in writing. When something
goes wrong, a written contract protects both parties. If one party to a valid
(enforceable) contract believes the other party has broken the contract (the
legal term is breached) the party being harmed can bring a lawsuit against
the party who it believes has breached the contract.

The legal process, or litigation, determines whether the contract has been
breached or whether there are circumstances that negate the breach. The
court, however, will only hear a contract dispute if the contract is valid.

Contracts vs. Agreements

Many people use the terms contract and agreement interchangeably, but
they are not precisely the same thing. Black's Law Dictionary defines an
agreement as "a mutual understanding between...parties about their relative
rights and responsibilities." It defines a contract as "An agreement
between...parties creating obligations that are enforceable."

Essentials of Business Contracts

There are six required, essential elements for a contract to be valid
(enforceable by a court). The first three, considered here together, relate to
the agreement itself, and the other three relate to the parties making the
contract.

Offer, Acceptance, and Mutual Consent

Every contract must include a specific offer and acceptance of that specific
offer. Both parties must consent to their free will. Neither party can be
coerced or forced to sign the contract, and both parties must agree to the
same terms. Implied in these three conditions is the intent of the parties to
create a binding agreement. If one or both parties are not serious, there's no
contract.

8|Page
Consideration
There must be something of value exchanged between the parties. The thing
of value may be money or services, but both parties must give something
(otherwise, it is a gift, not a contract).

Competence
Both parties must be of "sound mind" to comprehend the seriousness of the
situation and understand what is required. This definition requires that neither
party be minors, both must be sober (not under the influence of drugs or
alcohol when signing the contract), and neither can be mentally deficient. If
one party is not competent the contract is not valid and the non-competent
party can disavow (ignore) the contract.

Legal Purpose
The contract must be for a legal purpose. It cannot be for something illegal,
like selling drugs or prostitution. Remember that it is not illegal to enter into a
contract that doesn't have all of these essential items; it just means that if an
essential is missing the contract cannot be enforced by a court.

When a Contract Must Be in Writing

As noted above, verbal contracts can have the force of law, but some types
of contracts must be in writing, like long-term contracts and contracts for
marriage (pre-nuptials). There is also such a thing as an implied contract.
You can unknowingly enter into a contract with someone and be forced to
abide by its terms.

Reference: [Link]
and-agreements-397811

What are some ways in which intellectual property can be violated?

9|Page
Violating intellectual property may happen accidentally or purposefully for
some specific gain. Some of the most common violations are:
 Infringement of patent, trademark or copyright rights
 Counterfeiting of copyrights or trademarks
 Misappropriating trade secrets

How does the violations done?

 By using a name, logo or product that has already been patented in
order to profit by making others believe their product, name or logo is
the same as the original one
 By making copies of musical recordings or other media without
authorization and distributing them for profit
 By manufacturing items according to what is spelled out in a patent
without having a license from the owner to do so
 By engaging in corporate espionage to find out competitor’s or others’
secrets.
 By producing a good or service in the belief that these have been
patented when in fact they have not been and they are actually copies
of someone else’s patent

What remedies can be included in an intellectual property dispute?

 Confiscation of property that was used to create infringing products
 Cease and desist orders in cases of unauthorized use of trademarks
 Monetary damages to compensate for losses

Reference: [Link]
violation-of-intellectual-property/

10 | P a g e
SYNTHESIS / What is intellectual property?
GENERALIZATION Intellectual property refers to creations of the mind. It can be an invention
(patent / utility model), a design (industrial design), a brand name (trademark,
or a literary and artistic work (copyright).
What is a patent?
A patent is an exclusive right granted for a new, inventive, & useful product. It
can take the form of a new product, process or technical improvement to
existing invention. Patent owners may also give permission to, or license,
other parties to use their inventions on mutually agreed terms.
What is industrial design?
An industrial design consists of three-dimensional features, such as the
shape or surface of an article, or of two-dimensional features, such as
patterns, lines or color.
What is a trademark?
A trademark is a word, a group of words, sign, symbol, logo or a combination
thereof that identifies and differentiates the source of the goods or services of
one entity from those of others.
What is a copyright?
Copyright is the legal protection extended to the owner of the rights in an
original work. “Original work” refers to every production in the literary,
scientific and artistic domain.
What are utility models?
Utility models, just like inventions, is an exclusive right granted to for an
invention, but it does not require the condition of the involvement of an
inventive step to be protected.
What are the IP laws in the Philippines?
 R.A. 8293
 R.A. 165
 R.A. 166
 Presidential Decree No. 49
 R.A. 8293: The Intellectual Property Code, as amended by R.A.s 9150,
9502, and 10372
 R.A. 623: Use of Duly-Stamped and Marked Containers (1951), as
amended by R.A. 5700
 Rules and Regulations on Copyright Registration and Deposit (2013)
 Rules and Regulations on the Accreditation of Collective Management
Organizations (2013)
 Rules on Resolution of Public Performance Disputes (2013)
What are business contracts?
A business contract is a legally binding agreement between two or more
11 | P a g e
 persons or entities.
What are some ways in which intellectual property can be violated?
 Infringement of patent, trademark or copyright rights
 Counterfeiting of copyrights or trademarks
 Misappropriating trade secrets
How does the violations done?
 By using a name, logo or product that has already been patented in
order to profit by making others believe their product, name or logo is
the same as the original one
 By making copies of musical recordings or other media without
authorization and distributing them for profit
 By manufacturing items according to what is spelled out in a patent
without having a license from the owner to do so
 By engaging in corporate espionage to find out competitor’s or others’
secrets.
 By producing a good or service in the belief that these have been
patented when in fact they have not been and they are actually copies
of someone else’s patent
What remedies can be included in an intellectual property dispute?
 Confiscation of property that was used to create infringing products
 Cease and desist orders in cases of unauthorized use of trademarks
 Monetary damages to compensate for losses

REFERENCES [Link]

[Link]
q4yj7nRjmkcsI/edit#heading=h.hjkcidxtj504

[Link]
agreements-397811

[Link]
intellectual-property/

12 | P a g e
13 | P a g e