OVERVIEW OF THE IP SYSTEM
The intellectual property (IP) system relates to rights and obligations, as well as privileges and incentives–all rooted from the creation and protection of IP, which “refers to creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce.”
IP rights as basic human rights involve “the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary, or artistic productions.” (Art. 27, Universal Declaration of Human Rights). Meanwhile, the 1987 Philippine Constitution mandates their protection “particularly when beneficial to the people”. (Art. XIV, Sec. 13) In the midst of these seemingly conflicting interests of the creators and innovators and the public, the system seeks to strike a balance between them through legal safeguards.
Otherwise put, the system seeks to provide an environment in which everyone benefits from one’s creativity and innovation, especially since IP is a tool for economic and socio-cultural development.
MANDATE & FUNCTION
IPOPHL is the government agency mandated to administer and implement State policies on intellectual property (IP) to strengthen the protection of IP rights in the country.
Coined as the “DREAM” mandate, IPOPHL performs the following functions to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations.