Intellectual Law

I. Introduction

Intellectual Property- a form of intangible property that belongs to the creator

-separate and distinct from the thing created (subject to separate contract)
-it refers to creations of the mind: inventions, literary and artistic works, symbols,
names, images, and designs used in commerce

IP Law
-deals with the rule for securing and enforcing legal rights to inventions, designs, and
artistic works. Protect the exclusive right or control of intangible assets
Purpose of IP Law
-to give incentive for people to develop creative works that can benefit society, ensuring
they can profit from their works without fear or misappropriation
Property rights
1. Trademark (ex. Symbol, logo)
-any visible sign capable of distinguishing the goods or services of an enterprise
and shall include a stamped or marked container of goods
2. Copyrights (album, song)
- as soon as creation of artistic work, there is an implied copyright
3. Patent (crocs shoe design)
-refers to any technical solution of a problem in any field of human activity which is new,
involves an inventive step, and is industrially applicable
Rationale of IP
-natural right of a person to own his creation
-moral rationale- not right to steal
-economic incentive rationale- to prospect of reward for the creation
-increase competition
Why does IP matter?
-because you own your creation or invention even it is intangible asset
-intangible assets are as equally important and valuable as tangible asset
-fetches you money, fame and recognition
-a key business asset
-IP is used for marketing goods and services if in the form of trademark or service mark
Constitutional Basis
1. Section 13
2. Section 14
3. Section 15
4. Section 16
State Policies
1. vital to the development of domestic and creative activity
2. facilitates transfer of technology
3. attracts foreign investment
4. insures market access for new products

IP Rights under the Civil Code

-ownership is acquired by occupation and by intellectual creation (Art 712)

Persons acquire ownership

1. Author with regard to his literary, dramatic, historical, legal, philosophical,
scientific or other work
2. Composer, as to his musical composition
3. Painter, sculptor, or other artist with respect to the product of his art
4. Scientist or technologist with regards to his discovery of invention

IP Rights (IPC, Sec 4)

1. Copyright and Related or neighboring rights
2. Protection of Undisclosed information
3. Industrial Designs
4. Trademark and Service Marks
5. Patents
6. Layout designs of Integrated Circuits
7. Geographic Indications

COPYRIGHT
-it is confined to literary and artistic works which are original creations in the literary or
artistic domain
-legal protection extended to the owner of the rights in an original work which refers to
every literary, scientific and artistic production to its exclusive use and enjoyment to the
specified extent in a statue.
-a statutory right. What the law provides cover the copyright
-must be an original creation of the author
-lifetime plus 50 years

Principles:

1. Works are protected by the sole fact of their creation irrespective of their mode or
form of expression (sec 171.1 to 172.2 of RA 8293)

*IP Rights and Moral Rights shall not be subject to any formality. (no need in writing-
Bern Convention for the protection of literary and artistic works)
2. the protection extends only to the expression of an idea, procedure, system, method
or operation, concept, principle, discovery or mere data and not the idea itself

Ex. Statue of the floating woman (UP Theater) -  sculptor was attacked for plagiarism
but there are lots of floating ideas exist

No copyright over the following: idea, procedure, system, method or operation,

concept, principle, discovery or mere data (Sec. 175 of RA 8293)

Ex.method of memorizing- Article Discovery of planet

Joaqin vs Drilon

3. Copyright is distinct from the property in the material object subject to it

Ex. Book and Rex Bookstore-expression of creation, copyright over the book is
separate

Song of Noel Cabangon, (CD), Cabangon transferred his copyrights to a

recording studio. Material (CD) does not necessarily transfer it to the recording studio.

4. Copyright is a statutory right- the rights are limited to what a statute confers

Case mentioned: Pearl & Dean v. Shoemart, Inc., 409 SCRA 321 (2003) (FOR RECIT
next meeting)

Bureau of Copyright and Related Rights (BCCR)

Functions:
1. Exclusive original J to resolve disputes relating to the terms of a license involving
authors right to the public performance or other communication of his work
2. Accept, review and decide on applications for the accreditation of collective
management organization
3. Conduct studies and researches
4. Provide other copyright and related rights service

Appeal of BCCR Decisions

Dir Gen exercises exclusive appellated J over all decisions rendered by the BCCR,
appealable to CA

Requisites for the creation of a copyrightable work

1. Originality- work owes its origin to the author (own skill, labor and judgment)
a. Independent creation
b. Not copied from work of others
2. Expression- to be fixed, a work must be embodied in a medium sufficiently
permanent or stable to permit it to be perceived, reproduced or communicated

Copyrightable works (Original Works) (page 33, Aquino) (Sec 172.1 RA 8293)
1. Literary and Artistic Works

1. Books, pamphlets, articles, and other writings

2. Original ornamental designs or models for articles or manufacture
3. Periodical and newspapers
4. Lectures, sermons, addresses, oral delivery

*Is directory, table, compilation protected? Yes, protects the output of the skill, labor,
and judgment in the creation of the content which is awarded by copyright

*Are composite works protected? YES. It is treated as derivatives- (come from original)
which are composed from different materials. 

-protect the effort of the editor in collecting, editing, arranging and compiling of
materials provided that permission is granted by the original authors

Ex. encyclopedias, Almanac, Guinness Book of Record

*Is the copyright enjoyed by a journal separate and distinct from the copyright enjoyed
by each author … YES.

*News  as a whole is not copyrightable but news article is entitled to a copyright

*is a work of a writer or artist who submits to a newspaper entitled for copyright if such
submission is for single publication? YES. No repetition of publication without
permission from the author

*Broadcasting…..

d. Letters
d. Dramatic or dramatico-musical compositions; choreographic works or
entertainment in dumb shows (nourishing the soul, haha)
d. Musical compositions with or without words- even with the aid of s

APRIL 8 DISCUSSION

Choreographic work- copyright protected.

Musical lyrics- protected

Accompaniment is a distinct composition- Aquino, not protected. Atty. Balasbas-

derivative

G. Work of Art- there must be creativity. Not required to have a particular standard.
Ex. Vincent Van Gogh- story of Starry Starry night

Collage-protected
Jar model of sculptor-protected
Architectural plan- protected
*if renovated after the construction- then not protected anymore

Is a work of art destined by its creator for mass creation as a part of the gadget?
Yes.

Paintings vs Film
P: economic gain (public display)
Film: producers make money from the exhibit of their films
What about Work of Art is photograph?
-no infringement.

How can a reproduction of WA as an????

-the reproduction must evidence originality. It must not be a copy.
How about the music used for noon time shows such as showtime Maam. Is the
copyright over the music lifetime or for a limited time only po?
What are works of applied art- artistic creation with utilitarian functions, or incorporated
in a useful article.
-Originality, expression, and artistry- needed in order to be protected
-if for utility only, then no copyright protection
Original ornamental designs or models enjoys copyright. It is the form and not the
mechanical or utilitarian aspect that is protected by the copyright
Copyright protects the design not the functionality.
Determining factor whether a copyright is applicable?
-must be determined whether the work has an element …. As separate from the
utilitarian aspect from the article.
Are computer games protected in this category? YES.
M. Pictorial illustrations and advertisements
-Should there be novelty for an advertisement for it to be copyrightable? No. Novelty is
a requirement of patents.
If a trademark is similar to a pictorial or advertisement. Will this bar protection?- yes.
Copyright is distinct from trademark.
Are greeting cards use for merchandise copyrightable? Yes. Pwede copyright and
trademark protection
Would 1 word enjoy copyright protection? No. this does not fall under any category. If
label, pwede sa trademark.
-a label must contain an appreciable amount of original work and must go beyond being
a mere trademark

N. Computer programs
-in PH, protected by copyright.
*what if they are just instructions, ideas or procedures? NO.
*is an unauthorized replication of windows infringement? YES.
O. Other literary, scholarly, scientific, and artistic works
Section 173.1a. Dramatizations, transalations, adaptations, abridgments,
arrangements, and other alterations of literary or artistic works
-ex. Translation- English from Brazilian transalation
Compilations are protected.
Statues, rules, regualtions, specch or lectures don’t have copyright protections
No copyright infringement: (Section 176)
PIN-Dog-
Pleadings
APRIL 22 DISCUSSION
Works that are not protected (PIN-DOG)
1) Pleadings
2) Ideas, Procedure, system, method, concept principle discovery or mere data
even if they are expressed or embodied in a work (Joaquin vs. Drilon)
3) News and other miscellaneous facts having the character of mere items of press
information (Sec 175)
4) Decisions of courts and tribunals
-decisions is not copyrightable. But original introduction of a consolidation of SC
decisions is copyrightable
5) Official text of a legislative or administrative or legal nature as well as any official
translation
6) Government (Any work of the government of the Philippines)
Sec 176.1
 RIGHTS OF COPYRIGHT
-it is important because it governs the exclusive right of a copyright
-only the copyright holder can enforce such right
1. Right of reproduction means making one or more copies without prejudice to the fair
use (Sec 177, partly mentioned in 185 for fair use concept)
a. Written articles
-if reproduction is done by somebody else, then there is infringement
-whole or substantial portion- still infringement
-need not be temporary or permanent, as long as illegally reproduced
*there is a contract between publisher and writer for reproduction and distribution
b. Dramatization, translation, adaptation, etc. (177.2)
*Abrigement- transformation of the work, making it short.
Diorama- transformation
*Defense of infringement based on Aquino, inspired art that is part of the public domain

Carry out, authorize, prevent, all the acts enumerated in Sec. 177
Next meeting Moral rights, fair use

APRIL 29
Memorize Copyright or economic rights

Who owns copyright?

1. belong to the author of the work (178.1)
2. co-authors governed by the rules on co-ownership (178.2)
3. author of each part is the original owner (Book 1, Ashley) (Book 2, Carol) (178.2)
4. employee, if creation of the object is not a part of his regular duties even the
materials belong to the employer (178.3) ex. Employee in an auto shop uses paintings
5. employer, if performance of his regularly-assigned duties (architect) (178.3)
6. Person commissioned, copyright of the mural belongs to the artist. The work itself
belongs to the one who employed the artist (178.4) ex. mural