Escolar Documentos
Profissional Documentos
Cultura Documentos
Session 1
!
IP IN GENERAL
COPYRIGHT
unfair competition.
The painter, sculptor or other artist shall have dominion over the
product of his art even before it is copyrighted.
The scientist or technologist has the ownership of his discovery or
invention even before it is patented. (n)
Art. 723. Letters and other private communications in writing are
owned by the person to whom they are addressed and
delivered, but they cannot be published or disseminated without the
consent of the writer or his heirs.
However, the court may authorize their publication or dissemination if
the public good or the interest of justice so requires. (n)
Art. 724. Special laws govern copyright and patent.
UNDERSTANDING COPYRIGHT AND RELATED RIGHTS
WIPO (World Intellectual Property Organization)
Intellectual property refers broadly to the creations of the human
mind. Intellectual property rights protect the interests of creators by
giving them property rights over their creations.
Inventions
protection
of
inventions under patent law does
not require that the invention be
represented
in
a
physical
embodiment.
There must be an official
notification that a specific, fully
described
invention
is
the
property of a specific owner for a
fixed number of years; in other
words, the protected invention
must be disclosed publicly in an
official register.
literary,
artistic and scientific works;
performances of performing artists,
phonograms, and broadcasts;
inventions in all fields of human endeavor;
LIP: Session 1
2 TYPES OF RIGHTS:
I.
ii.
"
"
CONTROL:
1.
Reproduction
2.
3.
4.
Distribution
Rental
Importation
DURATION OF COPYRIGHT
Copyright does not continue indefinitely. The law provides for a period
of time during which the rights of the copyright owner exist. The
period or duration of copyright begins from the moment when the
work has been created, or, under some national laws, when it has
been expressed in a tangible form. It continues, in general, until some
time after the death of the author.
The purpose of this provision in the law is to enable the authors
successors to benefit economically from exploitation of the work after
the authors death.
EG: 70 or 50 years after death of the author.
OWNERSHIP, EXERCISE AND TRANSFER OF COPYRIGHT
-
LIMITATIONS ON RIGHTS
1.
2.
-
LIP: Session 1
ENFORCEMENT OF RIGHTS
1.
2.
3.
They may be divided into the following categories: conservatory or
provisional measures; civil remedies; criminal sanctions; measures to
be taken at the border; and measures, remedies and sanctions against
abuses in respect of technical devices.
TREATIES
Conservatory or provisional measures have two purposes:
1.
2.
RELATED RIGHTS
The law of related rights deems that the productions which result from
the activities of such persons and entities merit legal protection in
themselves, as they are related to the protection of works of
authorship under copyright
Related rights
beneficiaries:
1.
2.
have
been
granted
to
three
categories
of
LIP: Session 1
RA 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Sec. 4. Definitions.4.1. The term "intellectual property rights" consists of:
ISSUE:
Whether the copyright and patent over the name and container of a
beauty cream product would entitle the registrant to the use and
ownership over the same to the exclusion of others.
HELD:
[e] Patents;
Sec 1, Rule 58: This is the reason why we have ruled that it must be
shown that the invasion of the right sought to be protected is material
and substantial, that the right of complainant is clear and
unmistakable, and, that there is an urgent and paramount necessity
for the writ to prevent serious damage
4.4 The term "IPO Gazette" refers to the gazette published by the
Office under this Act.
CASES:
ELIDAD C. KHO, doing business under the name and style of
KEC COSMETICS LABORATORY, petitioner, v. HON. COURT OF
APPEALS, SUMMERVILLE GENERAL MERCHANDISING and
COMPANY, and ANG TIAM CRAY, respondents.
G.R. No. 115758
March 19, 2002
LIP: Session 1
or
designation
identifying
or
FACTS:
-
name
LIP: Session 1
he was the copyright owner over the utility models and, at the same
time, repudiate the courts jurisdiction to ascertain the validity of his
claim without running afoul to the doctrine of estoppel.
A copyright certificate provides prima facie evidence of originality
which is one element of copyright validity. It constitutes prima facie
27
evidence of both validity and ownership and the validity of the facts
28
stated in the certificate.
The presumption of validity to a certificate
of copyright registration merely orders the burden of proof.
The applicant should not ordinarily be forced, in the first instance, to
prove all the multiple facts that underline the validity of the copyright
unless the respondent, effectively challenging them, shifts the burden
of doing so to the applicant
2.
3.
IP CODE:
Sec. 2. Declaration of State Policy. - The State recognizes that an
effective intellectual and industrial property system is vital to the
development of domestic and creative activity, facilitates
transfer of technology, attracts foreign investments, and ensures
market access for our products.
It shall protect and secure the exclusive rights of scientists,
inventors, artists and other gifted citizens to their intellectual
property and creations, particularly when beneficial to the people,
for such periods as provided in this Act.
The use of intellectual property bears a social function. To this
end, the State shall promote the diffusion of knowledge and
information for the promotion of national development and progress
and the common good.
It is also the policy of the State to streamline administrative
procedures of registering patents, trademarks and copyright, to
liberalize the registration on the transfer of technology, and to
enhance the enforcement of intellectual property rights in the
Philippines.
REPUBLIC ACT NO. 10055
AN ACT PROVIDING THE FRAMEWORK AND SUPPORT SYSTEM
FOR
THE
OWNERSHIP,
MANAGEMENT,
USE,
AND
COMMERCIALIZATION
OF
INTELLECTUAL
PROPERTY
GENERATED FROM RESEARCH AND DEVELOPMENT FUNDED
BY GOVERNMENT AND FOR OTHER PURPOSES
"Philippine Technology Transfer Act of 2009".
OBJECTIVE: This Act aims to promote and facilitate the transfer,
dissemination, and effective use, management, and commercialization
of intellectual property, technology and knowledge resulting from R&D
funded by the government for the benefit of national economy and
taxpayers.
DEFINITIONS:
(a) "Intellectual Property (IP)" is the term used to describe
intangible assets resulting from the creative work of an individual or
organization. IP also refers to creations of the mind, such as
inventions, literary and artistic works, and symbols, names, images
and designs used in commerce.
(b)"Intellectual Property Rights (IPRs)" refer to those rights
recognized and protected in Republic Act No. 8293, otherwise known
as the "Intellectual Property Code of the Philippines".
(c)"Potential IPRs" refer to intellectual property, or the products of
creation and research that form the subject matter of IPRs, but which
are not yet protected by the statutory grant of IP rights.
(d)"Protection of IPs" refers to the statutory grant of rights upon
which the basis of enforcing the right rests, such as issuance of
patents; registration of utility models, industrial designs, and
trademarks or availment of protection of undisclosed information and
other rights as may be provided by law. "Protected IPs", therefore may
refer to issued or pending patents; registered utility models, industrial
designs and trademarks.
(e)"IP Code" refers to Republic Act No. 8293, otherwise known as the
"Intellectual Property Code of the Philippines".
(f)"Intellectual Property Rights Management" refers to the
principles, mechanisms and processes involved in the identification,
assessment, protection, utilization and enjoyment of intellectual
LIP: Session 1
property rights.
(g)"Government Funding Agency (GFA)" refers to any government
agency or instrumentality, or government-owned and/or -controlled
corporation that provides research grants and other technical and
material support, from government appropriations and resources and
those sourced from government-managed Official Development
Assistance (ODA) funds.
(h)"Parent Agency" refers to the Department or agency, which
exercises the power of control or supervision over the GFAs, RDIs or
RDI acting as the GFA itself. In general, where multiple GFAs are
involved, the department or agency, which has the largest financial
contribution, shall be deemed as the parent agency, except as may
otherwise be specifically provided by this Act.
(i)"Research and Development Institute or Institution (RDI)"
refers to a public or private organization, association, partnership, joint
venture, higher education institution or corporation that performs R&D
activities and is duly registered and/or licensed to do business in the
Philippines, or otherwise with legal personality in the Philippines. In the
case of private RDIs, they shall be owned solely by the citizens of the
Philippines or corporations or associations at least sixty per centum
(60%) of the capital of which is owned by such citizens. This does not
include RDIs covered by international bilateral or multilateral
agreements.
(j)"Research Funding Agreement" refers to a contract entered into
by and among the GFA and other funding agencies and the RDI. It
governs ownership of IP, duties and responsibilities of GFAs and RDIs,
technology disclosure, exclusivity of the license, use for
commercialization, establishment of spin-off firms, technologies for
research use, and sharing of income and benefits from technology
commercialization.
(k)"Research Agreement" refers to a contract entered into by RDIs
and researchers, including the agreements between the RDI and
collaborating RDIs.
(l)"Researcher" refers to a natural person who is engaged by the RDI
by employment or other contract, to conduct research with or for the
RDI.
(m)"Spin-off firm or company" refers to a juridical entity that is an
independent business technology taker with a separate legal
personality from the GFA, RDI and researcher created through the
initiative of the researcher-employee who generated the technology.
(n)"Technology" refers to knowledge and know-how, skills, products,
processes, and/or practices.
(o)"Technology transfer" refers to the process by which one party
systematically transfers to another party the knowledge for the
manufacture of a product, the application of a process, or rendering of
a service, which may involve the transfer, assignment or licensing of
IPRs.
(p)"Commercialization" refers to the process of deriving income or
profit from a technology, such as the creation of a spin-off company,
or through licensing, or the sale of the technology and/or IPRs.
(q)"Revenue" refers to all monetary and non-monetary benefits
derived as a result of the development, production, transfer, use
and/or commercialization of IPRs, including income from assignments
and royalties from licenses.
(r)"Research and Development (R&U)" refers to creative work
undertaken on a systematic basis in order to increase the stock of
knowledge, including knowledge of man, culture and society, and to
use this stock of knowledge to devise new applications.
7
COVERAGE:
(a)All R&D activities carried out on behalf and for the interest of the
Philippine government by RDIs receiving grants directly from the
GFAs:
(b)All intellectual property rights derived from R&D activities funded by
government;
(c)All government agencies that fund R&D activities as well as provide
financial, technical or material support to such R&D activities; and
(d)All institutions that implement government funded R&D.
INTELLECTUAL PROPERTY OWNERSHIP:
Section 6. Ownership of Intellectual Property and Intellectual Property
Rights. - The ownership of IPs and IPRs shall be governed by the
following:
(a)In recognition of the fact that RDIs are in a better position to
identify the potential for economic utilization of IPs and IPRs subject to
their possession of the right skills and management capability, the
ownership of IPs and IPRs derived and generated from research
funded by the GFA, whether such funding is in whole or in part, shall,
in general, be vested in the RDI that actually performed the research,
except in any of the following circumstances:
are
ISP
a.
b.
c.
2.
3.
6.
IP CODE 1998
PD 49, before IP Code
OPTICAL MEDIA LAW RA 9239 response to the clamor of
the copyright-based industries in the PH (proliferation of
CDs, VCDs, DVDs)
Anti-camcording law 2010
Electronic Commerce Act of 2009 promote the universal
use of electronic transaction in the government and general
public
a. Penalizes hacking and piracy
b. Hacking unauthorized access in a computer
system or server to corrupt, alter or steal
dommunication devices without knowledge and
consent of the owner
c.
Piracy unauthorized reproduction, dissemination,
distribution, importation, use, removal, making
available to the public, works protected or
copyrighted works
RA 10372 COPYRIGHT AMENDMENTS TO THE IP CODE
(2013)
LIP: Session 1
(e)
Dramatic
or
dramatico-musical
compositions;
choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture,
engraving, lithography or other works of art; models or
designs for works of art;
(h) Original ornamental designs or models for articles of
manufacture, whether or not registrable as an industrial
design, and other works of applied art;
(i) Illustrations, maps, plans, sketches, charts and threedimensional works relative to geography, topography,
architecture or science;
(j) Drawings or plastic works of a scientific or technical
character;
(k) Photographic works including works produced by a
process analogous to photography; lantern slides;
(l) Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any
process for making audio-visual recordings;
(m) Pictorial illustrations and advertisements;
(n) Computer programs; and
(o) Other literary, scholarly, scientific and artistic works.
172.2. Works are protected by the sole fact of their creation,
irrespective of their mode or form of expression, as well as of their
content, quality and purpose. (Sec. 2, P. D. No. 49a)
CASES:
Sec. 173. Derivative Works. 173.1. The following derivative works shall also be protected by
copyright:
(a)
Dramatizations,
translations,
adaptations,
abridgments, arrangements, and other alterations of
literary or artistic works; and
(b) Collections of literary, scholarly or artistic works, and
compilations of data and other materials which are
original by reason of the selection or coordination or
arrangement of their contents. (Sec. 2, [P] and [Q], P.
D. No. 49)
173.2. The works referred to in paragraphs (a) and (b) of Subsection
173.1 shall be protected as a new works:
Provided however, That such new work shall not affect the force of
any subsisting copyright upon the original works employed or
any part thereof, or be construed to imply any right to such use of the
original works, or to secure or extend copyright in such original works.
(Sec. 8, P. D. 49; Art. 10, TRIPS)
Sec. 174. Published Edition of Work. - In addition to the right to
publish granted by the author, his heirs or assigns, the publisher
shall have a copy right consisting merely of the right of
reproduction of the typographical arrangement of the published
edition of the work. (n)
Chapter IV WORKS NOT PROTECTED
Sec. 175. Unprotected Subject Matter. - Notwithstanding the provisions
of Sections 172 and 173, no protection shall extend, under this law, to
any idea, procedure, system method or operation, concept,
principle, discovery or mere data as such, even if they are
expressed, explained, illustrated or embodied in a work; news
of the day and other miscellaneous facts having the character of mere
items of press information; or any official text of a legislative,
administrative or legal nature, as well as any official translation
thereof. (n)
Sec. 176. Works of the Government. 176.1. No copyright shall subsist in
Government of the Philippines.
FACTS:
-
It is true that the music is not the sole object, but neither is
the food, which probably could be got cheaper elsewhere.
The object is a repast in surroundings that to people having
limited power of conversation or disliking the rival noise, give
a luxurious pleasure not to be had from eating a silent meal.
If music did not pay, it would be given up. If it pays, it pays
out of the public's pocket. Whether it pays or not, the
purpose of employing it is profit, and that is enough
It is therefore obvious that the expenses entailed thereby
are added to the overhead of the restaurant which are either
eventually charged in the price of the food and drinks or to
the overall total of additional income produced by the bigger
volume of business which the entertainment was
programmed to attract. Consequently, it is beyond question
that the playing and singing of the combo in defendantappellee's restaurant constituted performance for profit
contemplated by the Copyright Law.
appellee cannot be said to have infringed upon the Copyright
Law. Appellee's allegation that the composers of the
contested musical compositions waived their right in favor of
the general public when they allowed their intellectual
creations to become property of the public domain before
applying for the corresponding copyrights for the same
A careful study of the records reveals that the song "Dahil Sa
Iyo" which was registered on April 20, 1956 (Brief for
Appellant, p. 10) became popular in radios, juke boxes, etc.
long before registration (TSN, May 28, 1968, pp. 3-5; 25)
while the song "The Nearness Of You" registered on January
14, 1955 (Brief for Appellant, p. 10) had become popular
twenty five (25) years prior to 1968, (the year of the
hearing) or from 1943 (TSN, May 28, 1968, p. 27) and the
songs "Sapagkat Ikaw Ay Akin" and "Sapagkat Kami Ay Tao
Lamang" both registered on July 10, 1966, appear to have
been known and sang by the witnesses as early as 1965 or
three years before the hearing in 1968. The testimonies of
the witnesses at the hearing of this case on this subject
were unrebutted by the appellant. (Ibid, pp. 28; 29 and 30).
Under the circumstances, it is clear that the musical
compositions in question had long become public property,
and are therefore beyond the protection of the Copyright
Law.
LIP: Session 1
12