If you have ever wondered what the difference is between a trademark, copyright, and patent, you are not alone. Most of the terms used to describe different types of intellectual property (IP) are commonly thrown around interchangeably. However, to protect the IP rights of Aboitiz and its companies, it is important to take a moment to review the basics of trademark, copyright, and patent.
To better protect the intellectual property of Aboitiz including trade names, trademarks, corporate brands, logos and designs, the Contracts and Commercial Transactions Team of Legal Management Services ran a seminar on the basics of IP rights. Gulapa Law was tapped to facilitate the seminar, which was participated in by team members and team leaders from the Taguig and Cebu corporate centers.
Gulapa’s New York-trained Atty. Oliver Baclay Jr., a leading expert in intellectual property rights talked about the Madrid Protocol, the different kinds of IP, international trademark practices, registration of trademarks, declaration of actual use, and the basics of intellectual property of the Philippines.
Intellectual Property 101
Trademark: A trademark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes, for example, words, logos, pictures, or a combination of these. As with other IP rights, trademark laws may differ from country to country, and a trademark will not be considered valid in a country that you don’t trade in or have not registered the trademark.
Copyright: This is the right to copy an IP or rather the right to control the copying of an IP. When a person produces a creative work such as a book, painting, music, film or computer software, that item is automatically protected by copyright law. They are the only person allowed to copy that work or to grant permission to others to copy it. Copyright law varies from country to country (so check with a lawyer) but in general an IP is automatically protected by copyright as soon as it is created.
Patents: A patent gives an inventor the right for a limited period to stop others from making, using or selling an invention without their permission. Patents are intended to cover processes or products that include or contain new functional or technical aspects. Unless you register your patent in another country a person or company may be able to make use of your invention in that country.