INTELLECTUAL PROPERTY LAW Technology Transfer Arrangements- refers to

(Republic Act No. 8293) contracts or agreements involving the transfer of

systematic knowledge for the manufacture of a
product, the application of a process, or rendering
INTELLECTUAL PROPERTY of a service including management contracts; and
the transfer, assignment or licensing of all forms
• Intangible assets resulting from the of intellectual property rights, including licensing
creative work of an individual or of computer software except computer software
organization. developed for mass market.
• Creations of the mind, such as: Intellectual Property Office (IPO)- The lead
• Inventions; o Literary and artistic works; agency responsible for handling the registration
o Symbols, names, images and designs and conflict resolution of intellectual property
used in commerce. rights.

CONSTITUTIONAL BASIS PATENTS

Article 14, Section 13, 1987 Constitution
BASIC PATENT PRINCIPLES
"The State shall protect and secure the
1. Territoriality - patents are only
exclusive rights of scientists, inventors,
valid in the country or region in which they
artists, and other gifted citizens to their
have been granted.
intellectual property and creations,
2. First-To-File - applicant who files first will
particularly when beneficial to the people,
get the patent.
for such period as may be provided by law."
3. Disclosure —applicant shall disclose the
invention in a manner sufficiently clear
and complete.
INTELLECTUAL PROPERTY RIGHTS
4. Quid pro quo principle —
• The legal rights which result from protection in exchange for disclosure.
intellectual activities in the industrial, 5. Conditional — patents are granted only
scientific, literary and artistic fields. upon compliance with the criteria of
patentability.
6. Limited Rights
COVERAGE OF INTELLECTUAL
PROPERTY RIGHTS

1. Copyright and Related Rights; Patentable Invention

2. Trademarks and Service Marks;
• any technical solution of a problem in
3. Geographic indications; any field of human activity which is new,
4. Industrial designs; involves an inventive step and is
5. Patents; industrially applicable. It may be, or may
6. Layout designs (Topographies) of relate to, a product, or process, or an
Integrated Circuits; improvement of any of the foregoing.
7. Protection of Undisclosed
Note: the ultimate goal of the patent
Information
system is to bring new design and
inventions to the public trough the
discloser of the inventor to the public.
DIFFERENCES BETWEEN COPYRIGHT, CRITERIA FOR PATENTABILITY
TRADEMARK AND PATENTS
 1. Novelty- An invention shall not be A: For a valid assignment of patent rights, the
considered new if it forms part of a prior assignment must be in writing and must be duly
art. notarized.
2. Inventive Step. if, having regard to prior
art, it is not obvious to a person skilled in
the art at the time of the filing date or First-To-File Rule
priority date of the application claiming the
invention. • If two (2) or more persons have made
the invention separately and
3. Industrially applicable- An invention that
independently of each other, the right to
can be produced and used in any industry.
the patent shall belong to the person
This means an invention is not merely
who filed an application for such
theoretical, but also has a practical
invention, or
purpose.
• Where two or more applications are filed
for the same invention, to the applicant
which has the earliest filing date.
NON-PATENTABLE INVENTIONS

1. Plant varieties or animal breeds or

essentially biological process for the Inventions Created Pursuant to a
production of plants or animals. This Commission
provision shall not apply to micro- Pursuant to a commission: The person who
organisms and non-biological and commissions the work shall own the patent,
microbiological processes; unless otherwise provided in the contract.
2. Aesthetic creations; Pursuant to employment: In case the
3. Discoveries, scientific theories and employee made the invention in the course of
mathematical methods; his employment contract, the patent shall
4. Schemes, rules and methods of belong to:
performing mental acts, playing games or
1. The employee, if the inventive activity is
doing business, and programs for
not a part of his regular duties even if the
computers;
employee uses the time, facilities and
5. Anything which is contrary to public order
materials of the employer;
or morality (IPC as amended by R.A.
2. The employer, if the inventive activity is
9502, Sec. 22);
the result of the performance of his
6. Methods for treatment of the human or
regularly assigned duties, unless there is
animal body; and
an agreement, express or implied, to the
7. In the case of drugs and medicines, mere
contrary.
discovery of a new form or new property
of a known substance which does not
result in the enhancement of the efficacy
of that substance. Right of priority

Ownership of Patents • An application for patent filed by any

person who has previously applied
Right to a Patent. for the same invention in another
• The right to a patent belongs to the country which by treaty, convention,
inventor, his heirs, or assigns. When two or law affords similar privileges to
(2) or more persons have jointly made Filipino citizens, shall be considered
an invention, the right to a patent shall as filed as of the date of filing the
belong to them jointly. foreign application: Provided, That:

Q: May patent rights be assigned or (a) the local application expressly claims
transferred? priority;
(b) it is filed within twelve (12) months from Term of patent
the date the earliest foreign application was
filed; and • The term of a patent shall be 20 years from
the filing date of the application.
(c) a certified copy of the foreign application
Grounds for cancellation of patent
together with an English translation is filed
within six (6) months from the date of filing in • Any interested party may petition to cancel
the Philippines. any patent or any claim or parts of a claim
any of the following grounds:
1. The invention is not new or
Patent registration patentable;
2. The patent does not disclose the invention
The procedure for the grant of patent may be in a manner sufficiently clear and
summarized as follows: complete for it to be carried out by any
person skilled in the art; or
1 . Filing of the application
3. Contrary to public order or morality
2 Accordance of the filing date
4. Patent is found invalid in an action for
3 Formality examination
infringement; and
4 Classification and Search 5. The patent includes matters outside the
5 Publication of application scope of the disclosure contained in the
6 Substantive examination application.
7 Grant of Patent
8 Publication upon grant
9 Issuance of certificate Remedies of persons with a right to a patent

• If a person other than the applicant is

declared by final court order or decision as
Patent application having the right to a patent, he may within 3
months after such decision has become
The patent application shall be in Filipino or
final:
English and shall contain the following:
1. Prosecute the application as his own.
(a) A request for the grant of a patent;
2. File
a new patent application.
(b) A description of the invention; 3. Request the application to be refused; or
4. Seek cancellation of the patent.
(c) Drawings necessary for the
understanding of the invention; Time to file action: within one (1) year from the
date of publication.
(d) One or more claims; and

(e) An abstract.
Remedies of the True and Actual Inventor
• The application shall disclose the
invention in a manner sufficiently clear • If a person, who was deprived of the patent
and complete for it to be carried out by a without his consent or through fraud is
person skilled in the art. declared by final court order or decision to
• The application shall contain one (1 ) or be the true and actual inventor, the court
more claims which shall define the shall order for his substitution as patentee,
matter for which protection is sought. or at the option of the true inventor, cancel
Each claim shall be clear and concise the patent, and award actual and Other
and shall be supported by the damages in his favor if warranted by the
description. circumstances.
Time to file action: within one (1) year from the • The owner of a patent has no right to
date of publication. prevent third parties from making, using,
offering for sale, selling or importing a
patented product in the following
Rights conferred by patent. circumstances:
1. In case of Product — Right to restrain, a. Using a patented product after it has
prohibit and prevent any unauthorized been put on the market in the Philippines
person or entity from making, using, by the owner of the product, or with his
offering for sale, selling or importing express consent.
(MUOSl) the product. • In case of drugs or medicines, the
2. In case of Process — Right to restrain
said limitation applies after a drug or
prohibit and prevent any unauthorized medicine has been introduced in the
person or entity from manufacturing, Philippines or anywhere else in the
dealing in, using, offering for sale, selling world by the patent owner, or by any
or importing any product obtained directly party authorized to use the
or indirectly from such process. invention. This allows parallel
3. Right to assign the patent, to transfer by
importation for drugs and medicines.
succession, and to conclude licensing The right to import the drugs and
contracts. medicines shall be available to any
government agency or any private
The rights conferred by a patent application third party
take effect after publication in the Official b. Where the act is done privately and on a
Gazette. non-commercial scale or for a non-
commercial purpose
c. Exclusively for experimental use of the
Limitations of Patent Rights invention for scientific purposes or
educational purposes.
• The owner of a patent has no right to d. In the case of drugs and medicines,
prevent third parties from making, using, where the act includes testing, using,
offering for sale, selling or importing a making or selling the invention including
patented product in the following any data related thereto, solely for
circumstances: purposes reasonably related to the
a. Using a patented product after it has been development and submission of
information and issuance of approvals by
put on the market in the Philippines by the
government regulatory agencies required
owner of the product, or with his express
under any law of the Philippines or of
consent.
another country that regulates the
• In case of drugs or medicines, the said manufacture, construction, use or sale of
limitation applies after a drug or medicine any product.
has been introduced in the Philippines or e. Where the act consists of the preparation
anywhere else in the world by the patent for individual cases, in a pharmacy or by a
owner, or by any party authorized to use medical professional, of a medicine in
the invention. This allows parallel accordance with a medical prescription
importation for drugs and medicines. f. Where the invention is used in any ship,
• The right to import the drugs and vessel, aircraft, or land vehicle of any
medicines shall be available to any other country entering the territory of the
government agency or any private third Philippines temporarily or accidentally:
party. Provided, that such invention is used
exclusively for the needs of the ship,
vessel, aircraft, or land vehicle and not
Limitations of Patent Rights
 used for the manufacturing of anything to (d) In the case of drugs and
be sold within the Philippines medicines, there is public non-commercial
use of the patent by the patentee, without
satisfactory reason; or
Other Limitations
(e) In the case of drugs and
a. Prior user medicines, the demand for the patented
Person other than the applicant, who in article in the Philippines is not being met
good faith, started using the invention in to an adequate extent and on reasonable
the Philippines, or undertaken serious terms, as determined by the Secretary of
preparations to use the same, before the the Department of Health.
filing date or priority date of the
application shall have the right to
continue the use thereof, but this right Patent infringement
shall only be transferred or assigned
• The MAKING, USING, OFFERING FOR
further with his enterprise or business.
EXAMPLE: SALE, SELLING, or IMPORTING a
Q: X invented a device which, through the patented product or a product obtained
directly or indirectly from a patented
use of noise, can recharge a cellphone
battery. He applied for and was granted a process, or the USE of a patented process
patent on his device, effective within the without the authorization of the patentee.
Philippines. As it turns out, a year before A patent maybe infringed either:
the grant of Xls patent, Y, also an inventor,
invented a similar device which he used in 1. Literally, or
his cellphone business in Manila. But X 2. By equivalents
files an injunctive suit against Y to stop
him from using the device on the ground
Literal infringement
of patent infringement. Will the suit
prosper? (2011 Bar) • Literal infringement exists if an accused
A: NO, since Y is a prior user in good faith. device falls directly within the scope of
properly interpreted claims.
b. Use by government.

A Government agency or third person DOCTRINE OF EQUIVALENTS

authorized by the Government may exploit
the invention even without agreement of • An infringement also occurs when a device
the patent owner where: appropriates a prior invention by
incorporating its innovative concept and,
(a) The public interest, in particular, despite some modification and change,
national security, nutrition, health or the performs substantially the same function in
development of other sectors, as substantially the same way to achieve
determined by the appropriate agency of substantially the same result.
the government, so requires; or

(b) A judicial or administrative body Remedies of the Owners of the Patent against
has determined that the manner of Infringers
exploitation, by the owner of the patent or
his licensee is anticompetitive; or Civil action for infringement
Criminal action for infringement — If the
(c) In the case of drugs and infringement is repeated; The criminal
medicines, there is a national emergency action prescribes in three (3) years from the
or other circumstance of extreme urgency commission of the crime
requiring the use of the invention; or
 Administrative remedy — Where the • Figures/Pictures
number of damages claimed is not less • Shapes
than P200,000.00 • Colors
Destruction of Infringing material- upon
court order • Logos
• Three dimensional
• Objects
Defenses in Action for Infringement
• Combinations
1. Invalidity of the patent;
Not visible
2. Any of the grounds for cancellation of
patents: • Scents
a. That what is claimed as the • Sounds
invention is not new or patentable
b. That the patent does not disclose
the invention in a manner sufficiently Acquisition of Ownership of Mark
clear and complete for it to be carried
out by any person skilled in the art; or Q: How is the ownership of the trademark
c. That the patent is contrary to acquired?
public order or morality.
3. Prescription A: The rights in a mark shall be acquired
through registration with the IPO but the right to
register a trademark should be based on
TRADEMARK ownership. The filing date of application is the
operative act to acquire trademark rights.
"Mark" means any visible sign capable of
distinguishing the goods (trademark) or Prior use is no longer a condition precedent for
services (service mark) of an enterprise and registration of trademark, service mark or trade
shall include a stamped or marked container of name, but there must be actual use after
goods. application.

"Collective mark" means any visible sign • Declaration of Actual Use — within three
designated as such in the application for (3) years from filing of the application
registration and capable of distinguishing the
origin or any other common characteristic,
including the quality of goods or services of Duration or Effectivity of Trademark
different enterprises which use the sign under Registration
the control of the registered owner of the
collective mark. • 10 years, subject to indefinite renewals of
10 years each.
"Trade name" means the name or designation
• The registrant is required to file a
identifying or distinguishing an enterprise.
declaration of actual use and evidence
Requirements for a mark to be registered. to that effect, or show valid reasons based
on the existence of obstacles to such use,
• A visible sign and within one (1) year from the fifth
• Capable of distinguishing one's goods and anniversary of the date of the registration
services from another. of the mark. Otherwise, the mark shall be
Visible sign removed from the Register by the IPO.

• Words
• Letters Rights of a trademark owner

• Numerals
 • Right to exclusive use of the mark in • - Color alone;
connection with one's own goods or • - Shapes dictated by technical factors
services resulting in likelihood of confusion. • Identical with an internationally well-
• Right to prevent others from use of an known mark, whether or not it is
identical mark for the same, similar or registered here, used for identical or
related goods or services. (Sec. 147) similar goods or services;

• TERRITORIALITY PRINCIPLE: • Identical with an internationally well-

known mark which is registered in the
Trademark registration abroad shall not
Philippines with respect to non-similar
be valid and binding here in the
goods or services. Provided, that the
Philippines.
interests of the owner of the registered
Exception: Well-known marks, bad faith
mark are likely to be damaged by such
Non-registrable marks use;

• Immoral, deceptive, or scandalous matters Note:

• Matter which may disparage or falsely • em – na grant na yung trademark.
suggest a connection with persons, etc. • r – naka process palang.
• Contrary to public order or morality
Flags/coat of arms of nations
• Names, portraits or signature of living TRADEMARK INFRINGEMENT
persons.
• Exception: with consent • Use without consent of the trademark
• Names, portraits or signature of a owner of any reproduction, counterfeit,
deceased President of the Philippines copy or colorable limitation of any
• Exception: with written consent of his/her registered mark or trade name. Such
living widow use is likely to cause confusion or
• Identical with a registered mark belonging mistake or to deceive purchasers or
to a different proprietor or a mark with an others as to the source or origin of such
earlier filing or priority date, in respect of: goods or services, or Identity of such
business.
a. The same goods or services, or
b. Closely related goods or services, or Elements:
c. If it nearly resembles such a mark
as to be likely to deceive or cause 1 . Ownership of a trademark through
confusion; registration
2 That the trademark is reproduced
• Misleading marks Sec. 123.1 (g)
counterfeited copied, or colourably
• - Generic terms [signs or of indications imitated by another.
that have become customary or usual 3. No consent by the trademark owner or
to designate the goods or services in assignee.
everyday language or in bona fide and 4. Use in connection with the sale, offering
established trade practice] Sec. 123.1 for sale, or advertising of any such goods,
(h) and (i) business or services or those related
• - Descriptive terms [signs or of thereto.
indications that may serve in trade to 5. Likelihood of Confusion – na coconfuse ba
designate the kind, quality, quantity, kapag brought together.
intended purpose, value, geographical
origin, time or production ofbthe goods Colorable imitation
or rendering of the services, or other
characteristics of the goods or services] • such a close or ingenious imitation as to
Sec. 123.10) be calculated to deceive ordinary
 purchasers, or such resemblance of the "Nanny" vs. "Nan" (Nestle S.A. vs. Dy Jr.)
infringing mark to the original as to
deceive an ordinary purchaser giving
such attention as a purchaser usually
DOCTRINE OF SECONDARY MEANING
gives, and to cause him to purchase the
one supposing it to be the other. • This doctrine is to the effect that a word or
o Ginagaya yung trademark ng phrase originally incapable of exclusive
isang product para ma appropriation with reference to an article
confuse or deceive yung isang on the market, because geographically or
product into thinking na otherwise descriptive, might nevertheless
pareho lang yung product. have been used so long and so exclusively
by one producer with reference to his
article that, in that trade and to that branch
Likelihood of confusion
of the purchasing public, the word or
Types of confusion phrase has come to mean that the article
was his product.
• Confusion of goods- As to the goods
themselves Unfair competition
• Confusion of business- As to the source • It is the passing off (or palming off) or
or origin of such goods attempting to pass off upon the public of
the goods or business of one person as
➢ Wherein the goods of the parties are
the goods or business of another with the
different, but the defendant's product can
end and probable effect of deceiving the
reasonably be assumed to originate
public.
from the plaintiff thereby deceiving the
▪ As if niloloko mo yung public na
public into believing that there is some
eto talaga yung product.
connection between the plaintiff and
defendant, which in fact, does not exist. TRADEMARK UNFAIR
INFRINGEMENT COMPETITION
Tests of confusion
Unauthorized use of a The passing off of one's
trademark. goods as those of
• Dominancy test- focuses on the
prevalent features of the competing another.
marks. Fraudulent intent is Fraudulent intent is
• Totality test- determined on the basis of unnecessary. essential.
visual, aural, connotative comparisons GR: Prior registration of
and overall impressions engendered by the trademark is a
the marks in controversy as they are prerequisite to the Registration is not
encountered in the marketplace. action. necessary.
• Idem Sonans Rule - aural effects of the XPN: Well-known
words and letters contained in the marks marks
are also considered in determining the
issue of confusing similarity.
Remedies and jurisdiction
• Examples:
➢ Administrative action — IPO-BLA,
'Pycogenol" vs. "PCO-GENOL" (Prosource
concurrent with RTC-SCCs
vs. Horphag)
➢ Civil Action, RTC-SCC concurrent
with IPO-BLA
"Dermaline" vs. "Dermalin" (Dermaline Inc. vs.
➢ Criminal Action, exclusive with RTC-
Myra Pharmaceuticals)
SCC 2-5 years imprisonment 200,000 in
fine.
 m. Pictorial illustrations and advertisements
COPYRIGHT n. Computer programs; and
• A right over literary and artistic works which o. Other literary, scholarly, scientific and
are original intellectual creations in the artistic works.
literary and artistic domain protected from
ll. Derivative Works
the moment of creation.
1.Dramatizations, translations, adaptations,
Principle of automatic protection: Works are
abridgements, arrangements, and other
protected by the sole fact of their creation
alterations of literary or artistic works;
irrespective of their content, quality or purpose.
2.Collectionsof literary, scholarly, or artistic
Such rights are conferred from the moment of
works and compilations of data and other
creation.
materials which are original by reason of
• The certificates of registration and deposit the selection or coordination or
issued by the National Library and the arrangement of their contents.
Supreme Court Library serve merely as a
Non-Copyrightable Works
notice of recording and registration of the
work but do not confer any right or title upon 1 . Idea, procedure, system, method or
the registered copyright owner or operation, concept, principle, discovery
automatically put his work under the or mere data as such
protective mantle of the copyright law. It is 2 News of the day and other items of press
not a conclusive proof of copyright information
ownership. As it is, non-registration and
3 Any official text of a legislative,
deposit of the work within the prescribed
administrative or legal nature, as well as
period only makes the copyright owner liable
any official translation thereof
to pay a fine
4 Pleadings – filing sa court and
decisions.
Copyrightable work 5 Decisions of courts and tribunals —
this refers to original decisions and not to
l. Literary and Artistic Works annotated decisions such as the SCRA
or SCAD as these already fall under the
a. Books, pamphlets, articles and
classification of derivative works, hence
other writings
copyrightable.
b. Lectures, sermons, addresses,
6 Any work of the government of the
dissertations prepared for Oral delivery,
Philippines
whether or not reduced in writing or other
material form. 7 TV programs, format of TV programs
c. Letters (shall belong to the writer) (Joaquin v. Drilon, G.R. No. 108946, Jan.
28, 1999)
d. Dramatic, choreographic works
8 Systems Of bookkeeping; and
e. Musical compositions
9 Statutes.
f. Works of Art
g. Periodicals and Newspapers Q: Are telephone directories
h. Works relative to Geography, topography, copyrightable?
architecture or science.
i. Works of Applied art. A: NO. Directories are not copyrightable
j. Works of a Scientific or technical and therefore the use of them does not
character. constitute infringement. The Intellectual
Property Code mandates originality as a
k. Photographic works
prerequisite for copyright protection. This
l. Audiovisual works and cinematographic
works
 requirement necessitates independent revealed or no longer in
creation plus a modicum of creativity. doubt, the rule on
Literary and Joint
• A compilation is not copyrightable per se, Authorship applies
but is copyrightable only if its facts have
Work of Applied Art 25 years from date of
been "selected, coordinated, or arranged in
making
such a way that the resulting work as a
whole constitutes an original work of Photographic works If published — 50
authorship." Thus, the statute envisions that Audiovisual works years from
some ways of selecting, coordinating, and publication
arranging data are not sufficiently original to Unpublished - 50
trigger copyright protection. Even a years from making
compilation that is copyrightable receives Performances not 50 years from end of the
only limited protection, for the copyright incorporated in year in which
does not extend to facts contained in the recordings performance took place
compilation. Sound recordings 50 years from end of the
and performances year in which recording
incorporated therein. took

Rights of copyright owners

ll. Moral rights — For reasons of
l. Economic rights — The right to carry out, professionalism and propriety, the author has
authorize or prevent the following acts: the right: (recognition na ikaw ang creator of
that work)
a. Reproduction of the work or substantial
portion thereof a. To require that the authorship of the
b. Carry-out derivative work (dramatization, works be attributed to him (attribution
translation, adaptation, abridgement, right/paternity right)
arrangement or Other transformation of b. To make any alterations of his work prior
the work) to, or to withhold it from publication.
c. First distribution of the original and each c. To preserve integrity of work, object to
copy of the work by sale or other forms of any distortion, mutilation or other
transfer of ownership modification which would be prejudicial to
d. Rental right his honor or reputation; and
e. Public display d. To restrain the use of his name with
f. Public performance respect to any work not of his own creation
g. Other communications to the public. or in a distorted version of his work (right
against false attribution)
DURATION OF ECONOMIC RIGHTS

WORK TERM OF
DURATION OF MORAL RIGHTS
PROTECTION
Literary and Artistic Life of the author + 50 • "During the lifetime of the author and
Works Derivative years after his death in perpetuity after his death" —
Works Paternity Right/Right of Attribution
Joint Authorship Life of the last surviving • Coterminous with Economic Rights -
author + 50years after Alteration and Non-Publication Right;
his death Right to Preservation of Integrity; and
Anonymous or 50 years from date it is Right against False
Pseudonymous first lawfully published. Attribution
Works If before expiration of
period, identity is
Q: What will happen once the copyright author's identity, or if the author
expires? of the anonymous works
discloses his Identity.
A: The work will be transferred to the public
domain.

The person who commissioned

OWNERSHIP OF COPYRIGHT the work shall own the work but
Commissioned the copyright thereto shall
Type of work Owner work remain with the creator, unless
there is a written stipulation to
Original literary the contrary.
Author of the work. (IIPC, Sec.
and artistic
178.1). When an author contributes to a
works
collective work, his right to have
Co-authors — in case of works Collective
his contribution attributed to him
of joint authorship; in the works
is deemed waived unless he
absence of agreement, their expressly reserves it.
rights shall be governed by the
The employee, if not a part of
rules on coownership.
his regular duties even if the
Joint NOTE: If work of joint authorship
employee uses the time,
authorship consists of parts that can be
facilities and materials of the
used separately, then the author
employer. The employer, if the
of each part shall be the original In the course of
work is the result of the
owner of the copyright in the part employment
performance of his regularly-
that he has created (IPC, Sec.
assigned duties, unless there is
178.2)
an agreement, express or
GR: Producer, the author of the implied, to the contrary. (PC,
scenario, the composer of the sec. 178.3)
music, the film director, and the
In respect of letters, the
author of the work so adapted
copyright shall belong to the
writer subject to the provisions
XPN: Unless otherwise
Letters of Article 723 of the Civil
provided in an agreement, the
Code. (PC, Sec. 178.6). The
Audiovisual producers shall exercise the
letter itself belongs to the
work copyright to an extent required
recipient
for the exhibition of the work in
any manner, except for the right
to collect performing license COPYRIGHT INFRINGEMENT
fees for the performance of
musical compositions, with or Elements:
without words, which are
incorporated into the work • Ownership of a valid copyright
o Proof of Ownership: Sec. 218 —
The publishers shall be deemed
Affidavit Evidence
to represent the authors of
articles and other writings
Anonymous
published without the names of
and • Exercise of any of the exclusive
the authors or under
pseudonymous economic rights in Section 177 a without
pseudonyms, unless the
works the consent of the copyright owner
contrary appears, or the
pseudonyms or adopted name
leaves no doubt as to the
 • UNLESS: FAIR USE

Fair use exception REMEDIES IN CASE OF COPYRIGHT

INFRINGEMENT
• fair use for criticism, comment, news
reporting, teaching [C-C-N-T] including 1. Injunction (prohibit, restrain
limited [multiple] number of copies for from performing any acts that violate
classroom use, scholarship, research and the rights of the owner.)
similar purposes [CSR]. 2. Damages, including legal costs and other
expenses, as he may have incurred due to
the infringement as well as the profits the
Factors to be considered in determining fair infringer may have made due to such
use. (exceptions) infringement.
3. Impounding during the pendency of the
1. Purpose & character of the use action sales invoices and other
2. Nature of the copyrighted work
documents evidencing sales
3. Amount & substantiality of the portion 4. Destruction without any compensation all
used in relation to the copyrighted work as infringing copies.
a whole; & 5. Moral and Exemplary damages; or
4. Effect of the use upon the potential market
6. Seizure and impounding of any article,
for or value of the copyrighted work. which may serve as evidence in the court
proceeding.
Q: Who are liable for infringement?

A: Those who:

a. Directly commits an infringement;

b. Benefits from the infringing activity of
another person who commits an
BASIS PATENT TRADEMARK COPYRIGHT
infringement if the person benefiting has
been given notice of the infringing activity Any visible sign
and has the right and ability to control the Technical capable of
solution of a distinguishing
activities of the other person;
problem in any the goods
c. With knowledge of infringing activity, field of human (trademark) or
induces, causes or materially contributes Intellectua Literary and
activity which is services
l rights artistic works
to the infringing conduct of another. new (novel (service mark)
invention) and of an
industrially enterprise
applicable. must be
Copyright infringement vs. Plagiarism registered).
It depends on
10 years and
COPYRIGHT PLAGIARISM 20 years from the type of
Term of renewable
filing date of work.
INFRINGEMENT protection
application
upon
(Generally, 50
expiration.
The unauthorized use years)
of copyrighted material Bureau of Bureau of Not required;
in a manner that Office Patents, Trademarks, Optional at
The use of another's
violates one of the where Intellectual Intellectual The National
information, language,
copyright owner's registered Property Property Library or
or writing, when done Office Office IPO
exclusive rights, such
without proper
as the right to
acknowledgment of
reproduce or perform
the original source.
the copyrighted work, or
to make derivative
works that build upon it.