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INTELLECTUAL PROPERTY LAW AND BUSINESS SUSTAINABILITY:
A STUDY OF PHILIPPINE INTELLECTUAL PROPERTY (TRADEMARK,
COPYRIGHT AND PATENT) LAWS AFFECT THE SUSTAINABILITY OF BUSINESS
AND ECONOMY

Atty. John Evan Miguel
College of Saint Benilde, De La Salle University
Manila, Philippines

ABSTRACT

This study aims to discuss Intellectual Property (Trademark, Copyright and Patent) Laws Affect
the Sustainability of Business and Economy. One example of intellectual property is a patent. As
a property right, patents seek to protect inventions and promote innovation. A patent also is a
way for technology to be transferred for public use after the expiration of the period of the
patent. This was discussed in the case of PEARL & DEAN (PHIL.), INC. vs. SHOEMART,
INC., et.al. G.R. No. 148222, August 15, 2003. , that state to wit:
The patent law has a three-fold purpose: first, patent law seeks to foster and reward invention;
second, it promotes disclosures of inventions to stimulate further innovation and to permit the
public to practice the invention once the patent expires; third, the stringent requirements for
patent protection seek to ensure that ideas in the public domain remain there for the free use of
the public.
In the advent of globalization, products and services can now be traded between and among
countries with decreased trade barriers. Thus, free flow of goods of service between countries
also may increase the number of counterfeit goods that can adversely affect the sustainability of a
business. In a study conducted by Indiana Journal of Elrod (2017) states that Intellectual
Property (IP) rights enforcement, like copyright, should take into account the fashion industry
and how to escape the downward effects it experienced in global sustainability and human rights.
This study endeavors to identify the legal effects of Intellectual Property that promotes the
sustainability of a business enterprise and a country's economy.