INTELLECTUAL

Property
REPORTERS:
VINLUAN, KYLE
DEJANO, JUNREY
ORNOPIA, JHONCIENT
TAPULAYAN, TRISHA
 WHAT IS INTELLECTUAL
PROPERTY?
According to WIPO (World International
Property Organization), Intellectual
Property refers to creations of the mind,
such as inventions; literary and artistic
works; designs; and symbols, names
and images used in commerce.

IP rights allow creators to benefit from

their own work or investment.
 AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)
TRIPS was created to reduce trade distortions and barriers caused by counterfeit goods and
inconsistent IP protections among countries.

However, Article 2 of TRIPS clarifies that it does not override obligations under earlier IP treaties
like the Paris, Berne, and Rome Conventions or the Treaty on Intellectual Property in Respect of
Integrated Circuits.

MFN and NT Clauses:

TRIPS includes Most-Favored-Nation (MFN) and National Treatment (NT) clauses:

Most-Favored-Nation (MFN) Treatment: Members must grant IP protection to other

members' nationals no less favorable than that accorded to their own nationals.

National Treatment: Members must not discriminate between their own nationals and those
of other members regarding IP protection.
COVERAGE (PART II OF TRIPS)
Section 1: Copyright and related rights

Section 2: Trademarks:

Section 3: Geographical indications

Section 4: Industrial designs

Section 5: Patents

Section 6: Layout designs of integrated circuits

Section 7: Undisclosed information (trade secrets)

Section 8: Anti-competitive practices in contractual licensing

ENFORCEMENT (PART III OF TRIPS)
Section 1: General Obligations

This section outlines the general principles that member states must observe in their enforcement practices.
They must ensure that enforcement procedures are available under their national law so that right holders can
take effective action against IP infringement.

Section 2: Civil and Administrative Procedures and Remedies

This part requires members to provide access to:

Evidence in possession of the infringer.
Injunctions to stop the infringement.
Damages to compensate for losses.
Other remedies such as destruction of infringing goods and court orders

Section 3: Provisional Measures

This section allows members to adopt urgent actions, including:
Quick court orders without prior hearing (ex parte) to prevent infringement.
Seizure or preservation of infringing goods.
ENFORCEMENT (PART III OF TRIPS)
Section 4: Special Requirements Related to Border Measures

Customs authorities can detain goods suspected of being counterfeit or pirated.

It helps stop the import or export of infringing products at borders before they reach the
market.

Section 5: Criminal Procedures

Criminal penalties should include imprisonment and/or monetary fines.

Members may also allow seizure, forfeiture, and destruction of infringing goods.
 BERNE CONVENTION
Purpose: Protects literary and artistic works and ensures that creators are given certain
exclusive rights.

1. Coverage: Applies to works defined in Article 2, including those by authors and artists, as
outlined in Articles 3 and 4.

2. Enjoyment of Rights: Authors’ rights are granted without any formalities, and are valid
regardless of the protection status in the work’s country of origin.

3. Country of Origin: Rights protection is governed by the domestic law of the work's
country of origin, as guided by Article 5.

4. Term of Protection: According to Article 7, the term varies depending on the type of
work (e.g., lifetime of the author + 50 or 70 years).
5. Exclusive Rights of the Author:

Right to broadcast

Right to perform works publicly

Right to adapt or arrange the work

Right to reproduce in any form

Right to Perform Dramatic, Dramatic-Musical, and Musical Works in Public

Right to translate

Right to recite literary works in public

Right to use the work in audiovisual contexts

 THE PARIS CONVENTION
The Paris Convention applies strictly to industrial property. This includes:
Patents – legal rights granted for inventions.
Utility Models – similar to patents but usually with a shorter protection period.
Industrial Designs – protection for the aesthetic or ornamental aspects of products.
Trademarks and Trade Names – symbols, logos, or names that identify and distinguish a
company’s products or services

The Convention also incorporates the Most-Favored-Nation (MFN) and National Treatment
(NT) clauses, meaning:
MFN: Members must treat all other members equally in terms of IP protection.
NT: Members must treat foreign nationals the same as they treat their own in IP matters.
Right of Priority:

A cornerstone feature of the Paris Convention, this right allows an applicant who files a
patent or trademark in one member country to claim the same filing date in other
member countries, provided they file within 12 months (for patents/utility models) or 6
months (for trademarks/industrial designs).

Criticism:
While the system offers international protection, it still requires applicants to individually
file in each member country. This can be:
Time-consuming
Expensive
Bureaucratic
Unfair Competition:

The Paris Convention provides protection against unfair competition. Among those
practices declared by the convention as being unlawful is the creation of confusion
regarding the goods of a competitor, attributing the good to a false origin, and false
allegations in the course of trade meant to discredit an establishment.

Practices Considered Unlawful Include:

1.Creating Confusion – Any act likely to create confusion with a competitor’s goods or
business activities (e.g., using similar branding, packaging, or trade dress).
2.False Attribution of Origin – Making products appear to originate from a particular
country, region, or enterprise when they do not.
3.False Allegations to Discredit - Making false or misleading claims to damage a
competitor’s reputation in the course of trade or business (e.g., stating their products
are unsafe without proof).
 ROME CONVENTION
The Rome Convention was signed in 1961 and focuses on protecting the rights of people
and organizations that contribute to the performance and dissemination of creative
works but are not the original authors.

Who is protected under this Convention?

Performers – such as actors, singers, dancers, and musicians. It protects their live or
recorded performances from being used without their consent.
Producers of phonograms – these are the individuals or companies that produce
sound recordings (like music albums), ensuring they are not reproduced without
permission.
Broadcasting organizations – TV and radio stations are protected from unauthorized
rebroadcasting or copying of their original broadcasts.
What does the Convention prevent?

Unauthorized broadcasting or public communication of live or recorded

performances
Copying or recording of performances without consent from performers or
broadcasters
Reproduction of broadcasts without the broadcasting organization’s approval
 WIPO – WORLD INTELLECTUAL PROPERTY ORGANIZATION
The World Intellectual Property Organization (WIPO) is a specialized agency under the
United Nations system, established in 1967 and based in Geneva, Switzerland. Its mission
is to encourage global innovation and creativity by promoting the protection of
intellectual property (IP) across countries.

WIPO's Main Roles:

Helps govern and administer global IP treaties

Promotes a fair and accessible IP system that balances the needs of inventors, artists,
and the public
Provides support to governments in crafting national IP laws
Offers mediation and dispute resolution services for IP-related issues
Builds awareness and trains IP professionals around the world
 MEMBERSHIP REQUIREMENTS
To become a WIPO member, a country must already be part of one of the major IP
treaties like the Paris Union or the Berne Union, or be a member of the United
Nations, International Atomic Energy Agency (IAEA), or International Court of Justice
(ICJ) statute.

Alternatively, a country may be invited by WIPO's General Assembly. Once eligible,

they must submit an official document (instrument of accession) to WIPO’s Director
General.
 MADRID SYSTEM
The Madrid System for the International Registration of Marks allows businesses or
individuals to register their trademarks in multiple countries using just one application. It
was created to simplify and reduce the cost of obtaining trademark protection around
the world.

Governing Agreements:
Madrid Agreement (1891) – the original treaty
Madrid Protocol (1989) – a more modern version

The Philippines joined the Madrid Protocol in 2012, allowing Filipino businesses to easily
register trademarks internationally.
How it works?

Instead of filing a separate trademark application in each country, you can submit one
international application to WIPO.
From there, you can choose which countries you want your trademark protected in
(as long as they’re part of the Madrid System).
Once approved, your trademark will be valid and protected in all selected countries.

Advantages:

Streamlines the international registration process

More cost-effective and efficient than applying to each country individually
You can manage changes (like renewals or updates) through a single system
THANK YOU