Copyright vs. Patent vs. Trademark

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)

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

Contact us: 09778050020 | 09778050015 | (02) 7745-4391

Email us: [email protected] | [email protected]

April 2024 TRAINING PROGRAM
Technical Writing and Proper Documentation of Disciplinary Cases
Understanding Contracting and Subcontracting under Labor Laws
How to Prepare for and Handle BIR Audits
How to Avoid Illegal Dismissal Cases
Theft of Company Property: What to Do When Employees Steal in the Workplace
One-Person Corporation Simplified
Legal Tips for Employers on Collective Bargaining Agreement (CBA) Negotiations