Why is Intellectual Property Filing Important?

Intellectual Property

Intellectual property in general refers to creations of the mind. Things like inventions, your brand name, your logo or symbols, your artistic works, your images and your designs are all examples of an intellectual property. Sadly, these can also be robbed from you easily nowadays. In the world where people are so smart and intelligent, while you strive hard to make your own brand and product, do all your research and brainstorm for days just to have that identity, there are others that are just others who wait and keep looking for ideas that they can copy.

There are mainly 3 ways you can protect your Intellectual property. It is through patent, trademark, and copyright.

The Trademark, which is a word, a sound, or a design or a combination of these used to give you the identity of the goods and the services that you offer and which will also that will set you apart from the others ( or in this case the competitors ). It is also a tool to help the public distinguish you, your product and your services.

Copyright pertains to architectural works, literary works, music, movies, paintings and other works, including computer programs. The owner of a copyright gets to decide who can legally make copies of that work. It is illegal to copy large sections of someone else’s copyrighted work without permission, even if you give the original author credit.

While Patent is a government grant giving an inventor the right to exclude others from making, using or selling an invention. It covers new inventions like process, machine, manufacture, composition of matter or any new and useful innovation and improvement to an existing invention

Why do I need to do it early?

Intellectual property rights are so important but easily get taken for granted. For most business owners and entrepreneurs that I’ve met and spoken with, they all in general have told me that they have thought of it but setting that aside until the business grow big and abundant while a small chunk has lack of knowledge that they can protect their brand.

It is the only way that you can protect yourself from someone stealing your idea and hard work. It also can set your business apart from competitors. It can be sold or licensed in which if you miss this part, you are losing yourself the chance to make an eventual revenue stream.

Let me give you some scenarios:

First Scenario:

Henry created a company for a motorcycle gear shop and named his shop “Camp Jaguar”. It sells camp gears, automotive gears, helmets, car accesories and the likes. He went on registered his business and did everything he could to make the business grow. He is happy with how all things are going and now also started to be known. He is now ready to own his brand and file for an intellectual property owning his brand name and logo.
Jaguar ( Luxury vehicles company ) contested the claim and did not allow him to own his name “Camp Jaguar” because they already have intellectual property rights for the name “Jaguar” and the classification of his products are similar to them. We all did not know that Jaguar also sells automotive gears, car accessories, and the likes. So Henry had no choice but to change his brand name and strive even harder to get known again.

What do you think had happened if Henry did intellectual property filing a lot earlier than he did? He may not have owned the brand “camp jaguar” as his business name but he could have all started it right instead of changing his name eventually.

Another Scenario:

Gloria made an innovation for tech financing. She made an app that helps business owners to file loan at the tip of their hands. She made it real big, it went well and gave her well-off profits. A lot copied the platform, the concept, the idea, the process, had their logo almost similar to Gloria’s and made their brand name almost the same as hers. The second company who was just supposedly a copycat went on and filed for intellectual property rights. For the app, the logo and the brand name and had it. They can now sue Gloria for having the same app as theirs if they want and they will eventually win because they already have the rights for it.

.

I hope I am able to convey the importance of IPF here. If you have a book, a brand name, a logo, a product or service that you wish to protect, Or a business that has been running for over 5 years or so without the Intellectual property rights, Now is the time. In this digital world, everything can now be easily copied. If you don’t get the law with you, someone else will.

Thanks for reading and if you need more help in doing this or for a free consultation, please feel free to hit contact us and message me.

Cheers!

7 Things to know before your business registration in the Philippines

For the readers who don’t know me, I also worked as a work from home full-time employee for a company that offers business registrations services. I am the Head of Sales and being the first point of contact, I studied and learned business registration must-knows before actually doing it. And so I have listed a few tips and the things you must know or be prepared with before pushing through with your plans.

1. What entity are you looking to set up? Would you register as an individual professional, a sole proprietor, a partnership or a corporation? 

If these terms are still new to you at this point, here are a couple of articles that may help you understand more to help you decide :
a.) SHOULD I REGISTER AS AN INDEPENDENT PROFESSIONAL OR SOLE PROPRIETOR?
b.) WHAT’S THE DIFFERENCE BETWEEN A PARTNERSHIP AND A CORPORATION IN THE PHILIPPINES

2. Do you have a place or an address to use for your business registration? 

Regardless of the entity you chose to be registered. May it be individual, sole prop, a partnership or a corporation, you will need to establish a physical address for your business registration. This means that the property or the address to be registered with your business should have a clean paper and documents to present upon registration. Here are a few points to keep in mind.

  • Partnerships and corporations must be associated with a corporate address and a residential address will never be accepted to proceed in getting a business permit with LGU (local government units).
  • Sole props and individual registrations allow a residential address to be used however please keep in mind that LGU has the right and may opt to give a visit should they wish to check if the property may be conducive fora business operation.
  • If a property is owned, property title or proof of ownership must be presented with the same name of the person having a business registration.
  • If the property is under a different name, the owner must provide an authorization letter showing that they are allowing their property to be used for business transactions or purposes.
  • If a property is being leased, a contract of the lease should be presented together with the building occupancy permit from the owner of the property ( The owner of the property must also have a permit to lease for the contract of lease to be valid otherwise LGU will not allow to proceed with business registration )
  • If all of the above may seem to be hard to obtain or you want to register with a corporate address but you either think it is too expensive to get one or simply do not know where to start, you may want to consider getting a Virtual office address service provider.

3. Do you have at least 2 valid government issued ID?

For obvious reasons, valid ID should be readily available. Also to show that you are a true and legitimate Filipino Citizen.

4. Do you know the industry of your business?

Knowing the industry of your business will really be beneficial for you all throughout your business registration. Do some research and know your industry and what other industry it could fall under. Some industries would need additional permits before your business operation. But don’t worry, everything comes after business registration.

5. Which City are you thinking of setting up your business? 

Some requirements and tax percentages and fees are city dependent. It is just right to conduct your research and ask around on which city would be best to put up your business.

6. Money 

As we all know, you need fund to start up a business. And business registration is no exemption. You must be ready with your paid up capital information. On usual consultation, I would tell right away how much you need to get ready with just for your business registration alone. I will not tell it here as it is complex in so many ways and dependent on a lot of factors.

7. Time and Patience 

You may have all the first six ready and prepared but you must be ready to give your time and invest a lot of patience. Business permits and licenses are necessary before you can operate your business. This is the very first thing to obtain before anything else for your business. For an individual, it will only take 1-2 weeks for you to have yourself fully registered as an individual professional. A Sole prop registration may take 1 – 2.5 months to be completed while a partnership or a corporation may take 1 – 3 weeks given that there are no unforeseen government delays.

I hope I was somehow able to help. Please feel free to drop a comment or send me a message and I will be happy to speak with you.

For more information on my resources, you may visit blogs of the company that I am working with to get more details and a better understanding.

Here’s an infographic and some articles that may be helpful

dfj