Copyright vs. Patent vs. Trademark | 11 November 2024

Intellectual property rights, including copyright, trademark, and patent protections, each cover distinct aspects of creative works, innovations, and brand identities. These forms of protection serve unique purposes and are governed by separate sets of laws and regulations. As such, it is important to recognize their differences to avoid confusion and ensure accurate application in legal contexts.

Author

Alburo Law
November 11, 2024

Copyright is a legal concept that gives the creator of an original work exclusive rights to it usually for a limited period of time at its most general. It is literally “the right to copy” but also it gives the copyright holder the right to be credited for the work and determine who may adapt, to benefit from it financially, and other related rights. (Aquino, Ranhilio Calangan, Intellectual Property Law: Comments and Annotations, 2006 Edition).


A patent is granted to provide rights and protection to the inventor after an invention is disclosed to the public. It also seeks to restrain and prevent unauthorized persons from unjustly profiting from a protected invention. However, ideas not covered by a patent are free for the public to use and exploit. Thus, there are procedural rules on the application and grant of patents established to protect against any infringement. To balance the public interests involved, failure to comply with strict procedural rules will result in the failure to obtain a patent. (E.I. Dupont De Nemours and Co. vs. Director Emma Francisco, G.R. No. 174379, August 31, 2016)

“Mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. (Section 121.1, Intellectual Property Code of the Philippines)

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