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Protecting Originality through Patents, Trademarks, and Copyright

10/23/2022

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​by: Atty. Carolina Lim-Gamban
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Have you recently looked at the mirror and wondered if there is someone who look like you? Although there is possibility, the chance is slim. Even twins sharing the same DNA have their differences physically and even in character. Looking at it intrinsically and extrinsically, no two persons are exactly the same as we are created uniquely by God. The Scripture says, we are “wonderfully and fearfully made” even in our mother’s womb. Just as God has created beautiful and wonderful creations, we too, have the capacity to create and invent great and original things. 
Many of the things we use today were invented and discovered in the 20th century. The knowledge and science of the past became a springboard for the present’s creations. What more can be created or invented in the future in today’s advanced technology? Cellular phones brought people closer despite the great distance geographically. Induction stoves allowed us to cook food using electromagnetic field and no longer through fire. Just recently, an electric flying car was flown in Dubai which left many in awe. These are just some of the great creations and inventions which are products of creativity through bright ideas and inspiration. However, even though we have this innate ability to create, invent, and innovate, there are others who do not give the due respect and honor for the original creators, inventors, authors, or the like. They were imitated or copied without due recognition. Their so-called Intellectual Property rights are violated. 
Intellectual property refers to the creation of the mind and this can be an invention, a design, a brand name, or literary and artistic works. The law protects the owners of the intellectual property through patents, trademarks, and copyrights. Patent is an exclusive right granted for a new, inventive, and useful products. This allows the inventor to exclude others from making, using, or selling the product of his invention during the period of the patent; or they can permit others to use on certain terms; or they can sell their invention rights to others.  Trademark is either a word, a group of words, sign, symbol, or logo that distinguishes goods or services from others. It protects the brand identity and also prevents others from using or exploiting the mark in any way. Copyright on the other hand, protects the owner and gives them exclusive right to use or authorize others to use their original works such as literary, scientific, and artistic works.
As people beautifully and wonderfully created by God, we should not infringe the intellectual properties of others.  As it has been said, give recognition and honor to whom recognition and honor is due. In literary works, make sure to properly cite original authors or source of the content. For inventions and artistic works, pay the price to access or use the product. Do not tamper or imitate others’ trademarks, instead, have your own unique and distinguishing mark. 
You don’t need to be a copycat. Be a trendsetter, as they say. Originality comes when we are so inspired and this happens if we tap on the Source of creativity – God, and surely, amazing ideas will come as wisdom and creativity flows.
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