PHILIPPINE CHRISTIAN UNIVERSITY

COLLEGE OF LAW
INTELLECTUAL PROPERTY LAWS
Atty. Jeland Omer L. Pormentilla

COPYRIGHT
How is copyright different from trademarks/tradenames and patents?
Leading Case of Kho v. Court of Appeals, G.R. No. 115758, 19 March 2002
Baker v. Selden, 101 U.S. 99 (1879)
What rights are protected?
Original Works (Sec. 172, IPC)
Derivative Works (Sec. 173, IPC)
Ching v. Salinas, Sr., G.R. No. 161295, 29 June 2005
What rights are unprotected? (Sec. 175, 176, IPC)
Who owns the copyright? (Sec. 178, IPC) Is this ownership different from the ownership
of the material object? (Sec. 181, IPC)
What rights does the owner have, the violation of which results to infringement?
Economic rights (Sec. 177, IPC; See also Sec. 183, IPC)
Moral rights (Sec. 193, IPC; See also Sec. 183, IPC)
May an author waive absolutely his/her moral rights? How? (Sec. 195, IPC) Does this
rule extend to collective works? (Sec. 196, IPC) What is the term of moral rights?
(Sec. 198, IPC)
Does the author have a right to proceeds in subsequent transfers of his work? (Sec. 200,
IPC)
May copyright be transferred or assigned? How? (Secs. 180, 182, IPC) May copyright be
transferred or assigned to a newspaper, magazine or periodical for publication?
What are the rights of the following: Performers; Producers of Sound Recordings;

Broadcasting organizations? (Sections 202-212, IPC)

ABS-CBN Broadcasting Corporation v. Philippine Multi-media System, Inc., G.R.
No. 175769-70, 19 January 2009
What are the rights attached to a work of architecture? (Sec. 186, IPC)
When is copyright infringement committed? (Sec. 216, IPC)
What are the remedies for infringement? (Sec. 216.1, IPC)
What are presumptions accorded to an affidavit stating ownership of the copyright?
(Sec. 218, IPC) Does this presumption extend to authorship? (Sec. 219, IPC) To an
international register? (Sec. 220, IPC)

Ching v. Salinas, Sr., G.R. No. 161295, 29 June 2005

What are the defenses against infringement?
Works not constituting infringement (Sec. 184, IPC)
Fair Use of a Copyrighted Work (Sec. 185, IPC)
Reproduction of Published Work (Sec. 187, IPC)
Reprographic Reproduction By Libraries (Sec. 188, IPC)
Reproduction of a Computer Program (Sec. 189, IPC)
Importation for Personal Purposes (Sec. 190, IPC)
Vinuya v. Romulo, G.R. No. 162230, April 28, 2010.
In The Matter Of The Charges Of Plagiarism, etc., Against Associate Justice
Mariano C. Del Castillo, A.M. No. 10-7-17-SC, February 8, 2011
Is registration with the National Library and the Supreme Court Library a
condition for copyright protection? (Sec. 191)
Manly Sportwear Manufacturing, Inc. v. Dadodette Enterprises, G.R. No. 165306, 20
September 2005
May an author be compelled to perform his contract to create a work or for the
publication of his work already in existence? Why? Why not? (Sec. 194, IPC)
Which court has jurisdiction over actions under the IPC on copyright? (Sec. 225, IPC)
When does an action prescribe? (Sec. 226, IPC) To whom does the IPC's protection
on copyright extend? (Secs. 221-224, IPC)

Sanrio Company Limited v. Lim, G.R. No. 168662, 19 February 2008

Are there criminal penalties for copyright infringement? What are its requisites? (Sec.

217, IPC)
Sanrio Company Limited v. Lim, G.R. No. 168662, 19 February 2008