Kho vs. CA G.R. No.

115758 March 19, 2002 Trademark, copyright and patents are different intellectual property rights that cannot be interchanged with one another. The three has different meanings and have their own rights that Intellectual Property Code must protect. A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. This is the notion of what a trademark is all about. A trade name means the name or designation identifying or distinguishing an enterprise. The known name of a business will be known as tradename. The scope of a copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation. Literary and artistic works are the one that is covered by copyright. Patentable inventions refer to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. The patent only covers a human invention that can solve a problem. Ching vs. Salinas, Sr. et.al. G.R. No. 161295 June 29, 2005 Ownership of copyrighted material is shown by proof of originality and copyrightability. There must be an original work that can be copyrightable Copying is shown by proof of access to copyrighted material and substantial similarity between the two works. A replication of a work is not copyrightable A copyright certificate provides prima facie evidence of originality which is one element of copyright validity. There must be a registration of the work in order to be copyrightable. A useful article may be copyrightable only if and only to the extent that such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of the utilitarian aspects of the article. There is a limitation that an article be copyrightable. The dichotomy of protection for the aesthetic is not beauty and utility but art for the copyright and the invention of original and ornamental design for design patents. There must be originality that aesthetic will be considered copyrightable. Pearl & Dean Phil vs. Shoemart G.R. No. 148222. August 15, 2003 Copyright, in the strict sense of the term, is purely a statutory right. Being a mere statutory grant, the rights are limited to what the statute confers. The enumerations mentioned in the Intellectual Property Code are the ones that can be subject to copyright. No patent, no protection. The ultimate goal of a patent system is to bring new designs and technologies into the public domain through disclosure. The work or invention must be patent to have legal rights to exert to other people. Only the expression of an idea is protected by copyright, not the idea itself. The ways of how the idea is presented is the basis for copyright to be enforce. As a patentee, he has the exclusive right of making, selling or using the invention. The one who created or invented has its rights over the said creation or invention if it is patented. The public will benefit from new ideas; on the other are the inventors who must be protected. The mere following the Intellectual Property Code will benefit all of the stakeholders in exercising the law.