Department of Legal Management

College of Arts and Sciences

San Beda College

COURSE SYLLABUS
Summer 2016

Vision-Mission Statement : San Beda College, a Catholic educational

institution, is committed to the Christian
formation of the Bedan Community as its
service to the Church, the Philippine society,
and the world.
Vision : San Beda College envisions a community that
is Fully
Human, Wholly Christian, Truly Filipino, and
Globally Competitive.
Mission : San Beda College aims to form its members in
Faith,
Knowledge, and Virtue
Core Values : Inculcate in the students the Benedictine
core values of Prayer and Work (ora et labora)
that include Study, Community, and Pursuit of
Peace

Course Title : OTHER COMMERCIAL LAWS

Course Code : LMG13
Credits : 3 units

Instructor : Atty. Jeff E. Datingaling

Email : jeff_e_datingaling@hotmail.com
Office : Office of Associate Justice Jose Catral
Mendoza,
Supreme Court of the Philippines; Department
of Legal Management, San Beda College
Consultation Hours : TTh 4:00-5:00 PM
Venue : Office the Department of Legal
Management, SBC
Student/s : LANTUD, ACHMAD MANALUNDONG
REYES, PAULA GRACE ABRIOL

I. Course Description : This course deals with other

commercial laws. It aims to equip students with the knowledge on the nature
of nature and dynamics of Transportation Law and Intellectual Property Laws
of the Philippines.

II. Course Objectives:

In general, the student is expected to understand the fundamental

concepts and principles affecting transportation and intellectual property in
the Philippines.

In particular, the student is expected to:

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 1. Understand and explain the definition, nature and significance of
common carriers in the Philippine society;
2. Describe the rights and obligations of common carriers in
transportation of goods and of people.
3. Understand and explain the definition, nature and significance of
intellectual property in the Philippine society;
4. Describe the rights and obligations of intellectual property owners in
protecting their rights.
5. Identify the appropriate legal article in given cases and give solutions
to problem-situations by applying the appropriate legal principles
6. Have a working knowledge of the law of corporations and apply such
know-how in the conduct of business;
7. Be aware of the responsibilities, rights and remedies of a
stockholder/member or director/trustee or officer;
8. Exhibit the values of integrity, propriety and social responsibility in
applying the principles learned in transportation law and intellectual
property law.

III. Course Outline

Transportation Laws
A. Common Carriers
1. Diligence Required of Common Carriers
2. Liabilities of Common Carriers
B. Vigilance over Goods
1. Exempting Causes
a. Requirement of Absence of Negligence
b. Absence of Delay
c. Due Diligence to Prevent or Lessen the Loss
2. Contributory Negligence
3. Duration of Liability
a. Delivery of Goods to Common Carrier
b. Actual or Constructive Delivery
c. Temporary Unloading or Storage
4. Stipulation for Limitation of Liability
a. Void Stipulations
b. Limitation of Liability to Fixed Amount
c. Limitation of Liability in Absence of Declaration of Greater
Value
5. Liability for Baggage of Passengers
a. Checked-In Baggage
b. Baggage in Possession of Passengers
C. Safety of Passengers
1. Void Stipulations
2. Duration of Liability
a. Waiting for Carrier or Boarding of Carrier
b. Arrival at Destination
3. Liability for Acts of Others
a. Employees
b. Other Passengers and Strangers 4. Extent of Liability for Damages

Intellectual Property Code

A. Intellectual Property Rights in General

1. Intellectual Property Rights

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 2. Differences between Copyrights, Trademarks and Patent
3. Technology Transfer Arrangements
B. Patents
1. Patentable Inventions
2. Non-Patentable Inventions
3. Ownership of a Patent
a. Right to a Patent
b. First-to-File Rule
c. Inventions Created Pursuant to a Commission
d. Right of Priority
4. Grounds for Cancellation of a Patent
5. Remedy of the True and Actual Inventor
6. Rights Conferred by a Patent
7. Limitations of Patent Rights
a. Prior User
b. Use by the Government
8. Patent Infringement
a. Tests in Patent Infringement
i. Literal Infringement
ii. Doctrine of Equivalents
b. Defenses in Action for Infringement
9. Licensing
a. Voluntary
b. Compulsory
10. Assignment and Transmission of Rights
C. Trademarks
1. Definition of Marks, Collective Marks, Trade Names
2. Acquisition of Ownership of Mark
3. Acquisition of Ownership of Trade Name
4. Non-Registrable Marks
5. Prior Use of Mark as a Requirement
6. Tests to Determine Confusing Similarity between Marks
a. Dominancy Test
b. Holistic Test
7. Well-Known Marks
8. Rights Conferred by Registration
9. Use by Third Parties of Names, etc. Similar to Registered Mark
10. Infringement and Remedies
a. Trademark Infringement
b. Damages
c. Requirement of Notice
11. Unfair Competition
12. Trade Names or Business Names
13. Collective Marks
D. Copyrights
1. Basic Principles, Sections 172.2, 175 and 181
2. Copyrightable Works
a. Original Works
b. Derivative Works
3. Non-Copyrightable Works
4. Rights of Copyright Owner
5. Rules on Ownership of Copyright
6. Limitations on Copyright
a. Doctrine of Fair Use
b. Copyright Infringement

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IV. Course Requirements

A qualifying final grade of 60% is required for all students who pass this
course.

V. Grading System and Grade Procedure

The following shall be the bases of computing the Class Standing, Midterm
and Final Grades:

FINAL GRADE:
Attendance 50%
Final Work output 30%
Assignments 20%

Final Grade 100%

GRADE SYSTEM:

Grade Equivalen
Description
Point ce

1.00 97-100 Excellent

1.25 92-96 Superior
1.50 87-91 Very Good
1.75 82-86 Above
2.00 77-81 Average
2.25 72-76 Good
2.50 68-71 Very
2.75 64-67 Satisfactory
3.00 60-63 Satisfactory
5.00 Below 60 Fair
Passed
Failed

VI. Course References

1. Essentials of Transportation and Public Utilities Law by Timoteo B.

Aquino, (Manila: Rex Bookstore 2011).
2. Essentials of Intellectual Property Law by Ernesto C. Salao, (Manila: Rex
Bookstore 2012)
3. Reviewer on Commercial Law by Dean Jose R. Sundiang, Jr. and
Timoteo B. Aquino, (Manila, Rex Bookstore, 2014).