What is the difference between trademark and tradename

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Lazo, Milani Joy T.

Section 18

INTELLECTUAL PROPERTY

1. What is the difference between trademark and tradename?

 Compared to the trade name, the trademark serves a distinct purpose.

While a trademark sets itself apart and indicates the source of the goods

or services, a trade name identifies the firm.

2. What are the requisites in order to apply patent for an invention?

 According to Section 21 of the Intellectual Property Code, an invention

must meet the following requirements to be patentable.

a. According to Section 23 of the modified Intellectual Property Code, an

invention must be novel or fresh.

b. According to Section 26.1 of the revised Intellectual Property Code, an

innovative step is one that is not evident to a person of ordinary skill in the art

at the time of the filing date or priority date of the application claiming the

invention.

c. Industrial applicability – According to Section 27 of the modified Intellectual

Property Code, the innovation must be able to be manufactured and used in

any industry.

3. What are the respective term for patent, trademark and copyright?

 The terms patent, trademark, and copyright are all together referred to as

intellectual property.

4. What are the patentable and non-patentable inventions?

 Patentable Inventions – Anything that doesn’t fall under one of these

categories is always ineligible for patent protection. The enhanced object

is not covered by a patent for improvement.

 Process: a technique for bringing about a physical alteration in a substance

that affects its personality or quality.

 Energy is used by a machine to execute a task.

 Work-producing processes are called manufacturing.

 A compound made of two or more components is what constitutes matter.

 A new or enhanced component of an existing innovation.

 Non Patentable Innovations – Permanent motion devices are not a tried–

and-true concept. Inventions that are unethical or immoral, as well as non–

technical software and commercial processes, cannot be patented.

 Discoveries, theories of science, or procedures of mathematics

 Inoperative products

 Aplan, guideline, or technique for carrying out mental work

 Educational presentations

 Medical and veterinary techniques.

5. Explain the rule in case of joint owners and in case of creation of intellectual

property during the employment.

 JOINT AUTHORSHIP- When it comes to works of related rights, the co-

authors are the original owners of the copyright, and in absence of a written

agreement, and their rights are controlled by the co–ownership laws.

However, if a work of collaborative authorship is divided into pieces that may

be used independently and each part’s creator can be recognized, each part’s

creator will be the original owner of the copyright in the portion that he or she

has produced;

 WORKS CREATED BY EMPLOYEES– The copyright for any work produced

by an author while he or she is an employee belongs to:

Even though the employee utilizes the employer’s time, resources, and

materials to create the copyrighted item, it is not considered part of his usual

tasks.

Unless there is an express or implicit agreement to the contrary, the employer

is responsible for the job if it results from the performance of his regularly

assigned obligations.

AMLA

1. What are the composition of AMLC?