*AMDG*

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
Intellectual Property Code
(R.A No. 8923)

I. State Policies
* State recognizes that an effective intellectual and
industrial property system is: (1) vital to the
development of domestic and creative activity; (2)
facilitates transfers of technology; (3) attracts foreign
investments; (4) insures market access for our
products.
* Streamline administrative procedure for intellectual
property, liberalize registration of transfer of
technology and enhance the enforcement of
intellectual property rights.
* Sec. 13, Article XIV of the Constitution provides that
the rights of scientists, inventors, artists, and other
gifted citizens to their intellectual property and
creations, particularly when beneficial to the people
for such period as may be provided by law
* Treaties are part of our laws. Hence various treaties
are incorporated in the IPC.
II. What is included in Intellectual Property?
* Copyright and related rights;
* Related Rights or Neighboring Rights of copyright;
* Trademarks and Service Marks;
* Patents;
* Mark;
* Geographic indication
* Layout designs of Integral Circuits;
* Protection of Undisclosed Information; and
* Industrial Designs
III. What are intellectual property rights?
* Refers to those property rights, which result from the
physical manifestation of original thought. Thus,

Feliciano Ma. Priscilla Olivia C.

2014
there are no property rights protected by law in mere
ideas of mental conceptions. It is only when creations
of mind are in tangible form that it becomes an
appropriate subject for protection.
III. Concepts
* Geographic indications- indications identifying a
good as originating from a territory or region.
* Protection of Undisclosed Information-natural
and legal persons shall have the possibility
information lawfully w/in their control from being
disclosed to without their consent in a manner
contrary to honest commercial practices so long as
the information. (has commercial value)
* Trademark, copyright and patents are different
intellectual property rights that cannot be
interchanged with one another.
* Utility Model-models of implements or tools of any
industrial product even if not possessed of the quality
of invention but which is of practical utility.
* Industrial design-any composition of lines or colors
or any three-dimensional form, whether or not
associated with lines or colors.
* Drugs and medicines- refer to any chemical
compound or biological substance for human or
animal treatment.
IV. International Law Related Provisions
* Reciprocity- (1) a party to any convention, treaty, or
agreement relating to intellectual property rights or
representation of unfair competition to which the
Philippines is also a party; (2) extends reciprocal
rights to nationals of the Philippines by law, shall be
entitled to benefits to the extent necessary to give
effect to any provision of such convention, treaty, or
reciprocal law, in addition to the rights to which any

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Commercial Law: Intellectual Property Code
Trademarks, Patent and Copyright

Feliciano Ma. Priscilla Olivia C.

2014

owner of an intellectual property right is otherwise

entitled by this act
* National Treatment- Each member of TRIPS shall
accord to nationals of the other members no less
favorable than it accords it own nationals with regard
to the protection of intellectual property.
V. The IPO- the body that administers the policies
sought to be implemented under the IPC
* Functions of the IPO- examine applications,
register tech transfers, promote use of patent info,
* Differences among copyright, Trademark and Patent
Definition

Trademark
It relates to visible sign capable
of distinguishing the goods of
an enterprise (trademark) or
the services of an enterprise
(service mark), and includes a
stamped or marked container
of goods.

publish
issued,
admi
adjudicate
contested
proceedings affecting IPR and coordinate with govt
agencies and private sector, and exercise orig
jurisdiction over dispute relating to the terms of a
license involving the authors rights.

Patent
It may pertain to either the
grant of rights over an invention,
to sell, use and make the same
whether
for
commerce
or
industry or the instrument
containing the grant, giving an
inventor a monopoly on the
inventors invention for limited
period.
In short, it is any technical
solution to a problem in any field
of human activity an inventive
step and is industrially capable.

Purpose

To indicate origin or ownership

of articles to which they are
attached;
To guarantee that those articles
come up to a certain kind of

Not only to reward an individual

but the advancement of the arts
and sciences;
To add to the sum of useful
knowledge; and

Copyright
System of legal protection an author
enjoys in the form of expression of
ideas. It may also be referred to as
the intangible, incorporeal right
granted by statute to the author or
originator of certain literary or
artistic productions, whereby he is
invested, for a limited period with
the sole exclusive privilege of
multiplying copies of the same and
publishing and selling them.
In short, it is the right over literary &
artistic works, which are original
intellectual creations in the literary,
and artistic domain protected fro the
moment of creation.
Stimulate artistic creativity for the
general public good and to promote
the progress of science and useful
arts.

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Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright

As to how created

As
term
protection

Infringement

of

quality;
To
advertise
articles
they
symbolize;
To assure the public that they
are producing genuine article;
and
To protect the manufacturer
against substitution sale of an
inferior and different article
Acquired
through
valid
registration
1. The term of protection for
Patents: 20 years form the filing
date of the application

1. If a person, w/o the owners

consent:
a. use in commerce any

To encourage dissemination of
information
concerning
discoveries and inventions.

Acquired from the filing date of

the application (earliest filing
date
or
priority
date
of
application)
The term of protection for
Trademarks: 10 years from the
filing date of the application,
provided the registrant shall file
a declaration of actual use
within a year from the 5th
anniversary of registration date
and renewable for another 10
years.

Subsists
creation

from

the

moment

of

1.the making, using, offering for

sale
2. selling or importing a

When there is piracy or substantial

reproduction
or if so much is taken that the value

1. Single creation: lifetime of the

creator plus 50 years after death
2. Joint Creation: lifetime of the last
surviving co-creator plus 50 years
after death
3. Anonymous or pseudonym work:
50 years after first publication;
except where, before the expiration
of said period, the authors identity
is revealed or is no longer in doubt,
the 1st two mentioned rules shall
apply; or if unpublished 5o years
from their making.
4. Photographic work, Audiographic
work: 50 years from publication or if
unpublished from making
5. Newspaper article-lifetime of the
author plus 50 years thereafter.

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Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
reproduction, counterfeit, copy
or colourable imitation of a
registered mark or the same
container or a dominant feature
thereof in connection w/ the
sale, offering for sale any goods
or services

patented product or a product

obtained directly/indirectly from
a patented process
3.the use of a patented process
w/o authorization of the
patentee

of the original work is substantially

diminished or the labors of the
original author are substantially and
to an injurious extent appropriated
by another.

1.Invalidity of the patent

2.Grounds
for
petition
of
cancellation
3.While he has in his possession
an article, he did NOT know
(neither did he ought to know)
that it is an infringing copy of a
work for w/c a copyright subsists

Good faith not a defense

b. reproduce, counterfeit, copy

or colorably imitate registered
mark or a dominant feature
thereof
and
apply
such
reproduction, counterfeit, copy
or colorable imitation to labels,
signs,
prints,
packages,
wrappers,
receptacles,
or
advertisements intended to be
used in commerce
2.on/upon or in connection w/
w/c such use is likely to:
a. cause confusion
b.cause mistake
c. deceive
Defenses

a registered mark shall have no

effect against any person who,
in good faith, before the filing
date/priority date, was using
the mark for the purposes of his
business/enterprise

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*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
Acts that
infringe

Remedies

do

not

1. Injunction
2.Action for damages
3.Court
may
order
the
infringing
material
to
be
disposed
of
outside
the
channels of commerce or
destroyed

Compulsory Licensing

Fair use, importation for personal

purposes

1. Injunction
2.Action for damages
3.Criminal case
4.Obtain delivery for destruction
all infringing copies or devices
5.
Obtain
delivery
for
impounding sales invoices &
other documents evidencing
sales, all articles & their
packages alleged to infringe a
copyright

1. Injunction
2. Action for damages (w/in 4 years)
3.Criminal case
4. court order to impound or destroy
materials
5. payment of moral and exemplary
damages
6. seizure of materials

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Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
Particulars/Tests of
Infringement

Dominancy Test v. Holistic

Test
-DT: focuses on the similarity of
the prevalent features
-HT: entirety of the marks in
question be considered.
Confusion
of
Goods
v.
Confusion
of
Business
Related
-COG: when an otherwise
prudent purchaser is induced to
purchase one product in the
belief that he is purchasing
another,
in
which
case
defendants goods are then
bought as the plaintiffs and its
poor quality reflects badly on
the plaintiffs reputation.
-COB: wherein the goods of the
parties are different but the
defendants product can be
reasonably be assumed to
originate from the plaintiff,
deceiving
the
public
into
believing that there is some
connection
between
the
plaintiff and defendant which,
in fact, does not exist.
Goods
v.
Non-Related
Infringement of Mark v.
Unfair Competition

Prejudicial Disclosure v. NonPrejudicial Disclosure

-any disclosure of the invention
made within 12 months before
the filing date does not prejudice
the application if the disclosure
was made by the inventor or
patent office or third party who
obtained info from the inventor
himself.
Literal
Infringement
v.
Doctrine of Equivalents
-Infringement is the making,
using, offering for sale, selling or
importing a patented product
from a patented process without
authorization from the patentee
-if there is literal infringement
the defendant is liable
-if
there
is
no
literal
infringement, apply the Doctrine
of Equivalents, which states that
there is also infringement when
a device appropriates a prior
invention by incorporating its
innovative concept although
with
some
modification
or
change, functions-means-result
test
Trade Secrets
it is a plan or process, tool,
mechanism or compound known

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Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
-confusion is evident where the
litigants
are
actually
in
competition.
-use of identical mark does not
by itself lead to a legal
conclusion of infringement if
they are not used for identical,
similar or related goods.
-Unfair Compet is the passing
off or attempting to pass of
upon the public of the goods or
business of one person as the
goods or business of another
with the end and probable
effect of deceiving the public.

*
*

*
*
*

only to its owner and his ees. A

trade secret is protected even if
not patentable. Courts generally
cannot
issue
injunction
to
compel disclosure. protected
by SRC, RPC

What are technology transfer arrangements?

-contracts or agreements involving the transfer of
systematic knowledge for the manufacture of a
product, the application of a process, or rendering of
a service including management contracts; and the
transfer, assignment or licensing of all forms of
intellectual property rights, including licensing of
computer
games
except
computer
software
developed for mass market.
VI. Patents
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 (Kho vs.
CA)
Requisites:

*
*
*
*
*
*
*
*

1. technical solution of a problem in any field of

human activity;
2. It must be a novel invention;
3. Industrially applicable.
-Ex of #1: X invented a method of improving meat by
injecting an enzyme solution into the liver of the
animal shortly before a slaughter
Classes of Patentable Inventions
1. Useful medicine;
-Note: In case of drugs and medicines there is no
inventive steps if the invention results from mere
discovery of new form or new property of a known
substance not resulting to enhancement of the
known efficacy of that substance, mere use of a
known process
2. Product

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*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*

3.
4.
5.
6.

Process
Improvement of the aforementioned
Microorganism
Non-biological and microbiological process

Non-Patentable Inventions
1. Discoveries, scientific theories, and mathematical
method (Example: EMC^2 is not patentable)
2. Schemes, rules and methods of performing mental
acts, playing games, or doing business and programs
for computer;
3. Methods for treatment of the human body or
animal body
4. Essential biological process for the production of
plants or animals;
5. Aesthetic creations;
6. Anything which is contrary to public order or
morality
Who owns the right to patent?
-Inventor
-Heirs
-Assigns
Ex: X invented a device that converted sugar into
gold. X sought the help of Y and together they
formed a corp to apply for the patent. X died before
registration. Z, here husband wants to register the
patent. In the case at bar, Z appears to have a better
right because as provided in the IPC if the applicant
is not the inventor, the IPO shall require the applicant
to submit the inventors authority. In the case at bar,
it does not appear that Y was authorized,

*
*
*

*
*
*
*
*
*

First to File Rule- if two or more persons have

made the invention separately and independently of
each other, the right to patent shall belong to the
person who first filed an application for such
invention.
Exception: An aggrieved inventor has within 3
months from the decision, to have it cancelled as the
rightful inventor or within one year from publication
to file an action to prove his priority to the invention,
which has been taken from him and fraudulently
registered by another.
Who owns the inventions created pursuant to
an ER-EE relationship or commission?
GR: the person who commissions the work shall own
the patent or shall pertain to the employer when the
invention is a result of the performance of the Ees
regularly-assigned duties.
Except:
1. If the inventive activity is not a part of his regular
duties even if he uses the time, facilities, and
materials of the employer, it shall belong to the Ee
2. Agreement to the contrary
Right of Priority
Section 15. Applications previously filed
abroad. - An application for patent for an invention
filed in this country by any person who has
previously regularly filed an application for a patent
for the same invention in a foreign country which, by
treaty, convention, or law, affords similar privileges
to citizens of the Philippines shall have the same
force and effect as the same applicant would have if
filed in this country on the date on which the

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Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright

application for patent for the same invention was first

filed in such foreign country: Provided, That the
application in this country is filed within twelve
months from the earliest date on which any such
foreign application was filed, and a certified copy of
the foreign application together with a translation
thereof into English, if not in the English language, is
filed within six months from the date of filing in the
Philippines, unless the Director for good cause shown
shall extend the time for filing such certified copy.

*
*

Grounds for cancellation of a patent? (RA,

8293)
* a. That what is claimed as the invention is not new or
patentable;
* b. That the patent does not disclose the invention in
a manner sufficiently clear and complete for it to be
carried out by any person skilled in the art; or
* c. That the patent is contrary to public order or
morality.
*
*

*
*

Limitations of Patent Rights. The owner of a patent

has no right to prevent third parties from performing,
without his authorization, the following:

-Using a patented product which has been put on the

market in the Philippines by the owner of the
product, or with his express consent, insofar as such
use is performed after that product has been so put
on the said market;

-Where the act is done privately and on a noncommercial scale or for a non-commercial purpose:
Provided, That it does not significantly prejudice the
economic interests of the owner of the patent;

-Where the act consists of making or using

exclusively for the purpose of experiments that relate
to the subject matter of the patented invention;

-Where the act consists of the preparation for

individual cases, in a pharmacy or by a medical
professional, of a medicine in accordance with a
medical prescription or acts concerning the medicine
so prepared;

-Where the invention is used in any ship, vessel,

aircraft, or land vehicle of any other country entering
the territory of the Philippines temporarily or
accidentally: Provided, That such invention is used
exclusively for the needs of the ship, vessel, aircraft,
or land vehicle and not used for the manufacturing of
anything to be sold within the Philippines.

Remedy of true and actual inventor who was

deprived of the patent through fraud
By final court order or decision the court shall order
for his substitution as patentee, or at the option of
the true inventor, cancel the patent, and award
actual and other damages in his favor if warranted by
the circumstances.
What are the limitations of patent rights?

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*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
*

- any prior user, who, in good faith was using the

invention or has undertaken serious preparations to
use the invention in his enterprise or business, before
the filing date or priority date of the application on
which a patent is granted, shall have the right to
continue the use thereof as envisaged in such
preparations within the territory where the patent
produces its effect.
-The right of the prior user may only be transferred or
assigned together with his enterprise or business, or
with that part of his enterprise or business in which
the use or preparations for use have been made.
(Sec. 40, R.A. No. 165a)
-A Government agency or third person authorized by
the Government may exploit the invention even
without agreement of the patent owner where:
-The public interest, in particular, national security,
nutrition, health or the development of other sectors,
as determined by the appropriate agency of the
government, so requires; or

-A judicial or administrative body has determined

that the manner of exploitation, by the owner of the
patent or his licensee is anti- competitive.

-In case of drugs, national interest so requires, or

when there is a non-commercial use of the patent or
when the demand of the patented drug is not being
met.

*
*
*
*
*
*
*
*
*
*
*

*
*
*
*

Civil and Criminal Actions available in cases of

patent infringement
-Action for damages plus attorneys fees
-prescriptive period to recover damages: 4 years
from act of infringement
-award cannot exceed three times amount of actual
damages
-disposal/destruction
-criminal action for repetition
-criminal action shall prescribe in three years from
date of commission
VII. Trademarks
Refer to any visible sign capable of distinguishing the
goods or services of an enterprise and shall include a
stamped or marked container of goods
Collective marks refer to any visible sign designated
as such in application for registration and capable of
distinguishing the origin or any other common
characteristic, including the quality of goods or
services of different enterprises which use the sign
under the control of the registered owner of the
collective work.
There is no need to register trade name in order to
secure protection.
Right of mark shall be acquired through registration,
and such is necessary before one can file an action
for infringement, plus actual use after registration.
Registration of a mark is not necessary for purposes
of filing a case for unfair competition
Protective benefits of the law are conferred by the
fact of registration and not by use. (S in Shang-rila
Case)

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*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright
*

*
*

However, actual use becomes a requirement after

three years from registration from the filing date of
the application by filing a declaration of actual use.
Otherwise, application shall be refused or the
Director shall remove mark from the Register.
Doctrine of Related Goods/Services: use of similar
marks on goods that are so related that the public
may be confused constitutes infringement, elements:
(1) Registration of trademark in IPO; (2) Trademark is
reproduced, copied, counterfeited; (3) will most likely
cause confusion; (3) lack of consent of the registered
owner
Colorable
imitation-similarity
in
the
overall
presentation as to deceive an ordinary purchaser
Doctrine of Secondary Meaning-generic or descriptive
mark may later be registered if it acquires a meaning
which is different from its ordinary connotation
provided there must be exclusive and continuous use
for a period of at least 5 years.
Theory of Dilution: a mark cannot be used when it
is identical with, or confusingly similar to, or
constitutes a translation of a mark considered wellknown in accordance with the preceding paragraph,
which is registered in the Philippines with respect to
goods or services which are not similar to those with
respect to which registration is applied for: Provided,
That use of the mark in relation to those goods or
services would indicate a connection between those
goods or services, and the owner of the registered
mark: Provided further, That the interests of the
owner of the registered mark are likely to be
damaged by such use.
There will be no violation IPC will be committed if
there is no confusion as to the origin of goods. (Ex:
Wine company registered its trademark as Rosa

*
*
*

*
*
*

and subsequently a Clothing brand registers its

trademark as Rosa also)
a person is committing unfair competition is he sells
goods of another and gives them the appearance of
goods of another manufacturer or dealer, either as to
the goods themselves or in the wrapping of the
packages in which they are contained, or the devices
or words thereon, or in any other feature of their
appearance, which would be likely to influence
purchasers to believe that the goods offered are
those of a manufacturer or dealer. (Ex: X corp
manufactures shirts under the tradename kitty and
registered such trademark with the design of a pink
cat and the word kitty. Y corp also manufactures
shirts and copied the design of X corporation with the
design of a cat and the word katy.)
Voluntary licensing is the grant by the patent owner
to a third person while compulsory licensing grant by
the director of legal affairs to exploit a patented
invention even without the agreement of the patent
owner in favor of any person who has shown his
capability to exploit the invention under certain
circumstances.
What may not be used as a trade name?
it is contrary to public order or morals and if, in
particular, it is liable to deceive trade circles or the
public as to the nature of the enterprise identified by
that name.
What are the non-registrable marks?
-immoral, deceptive or scandalous matter, or matter
which may disparage or falsely suggest a connection

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*AMDG*
Feliciano Ma. Priscilla Olivia C.
2014

Commercial Law: Intellectual Property Code

Trademarks, Patent and Copyright

with persons, living or dead, institutions, beliefs, or

national symbols, or bring them into contempt or
disrepute
* -flag or coat of arms or other insignia of the
Philippines or any of its political subdivisions, or of
any foreign nation, or any simulation thereof
* - name, portrait or signature identifying a particular
living individual except by his written consent, or the
name, signature, or portrait of a deceased President
of the Philippines, during the life of his widow, if any,
except by written consent of the widow
* - Is identical with a registered mark belonging to a
different proprietor or a mark with an earlier filing or
priority date with respect to:
*
a. The same goods or services
*
b. Closely related goods or services
*
c. If it nearly resembles such a mark as to be
likely to deceive or cause confusion
Is identical with, or confusingly similar to, or constitutes
a translation of a mark which is considered by the
competent authority of the Philippines to be well-known
internationally and in the Philippines
Is likely to mislead the public, particularly as to the
nature, quality, characteristics or geographical origin of
the goods or services;
Consists exclusively of signs that are generic for the
goods or services that they seek to identify;
Consists exclusively of signs or of indications that have
become customary or usual to designate the goods or
services in everyday language or in bona fide and
established trade practice;
Consists exclusively of signs or of indications that may
serve in trade to designate the kind, quality, quantity,
intended purpose, value, geographical origin, time or

production of the goods or rendering of the services, or

other characteristics of the goods or services;
Consists of shapes that may be necessitated by technical
factors or by the nature of the goods themselves or
factors that affect their intrinsic value;
Consists of color alone, unless defined by a given form;
or
Is contrary to public order or morality.
Test of Unfair Competition, Rules on Trade Names
and business names and Rules on Collective Marks
* -True test is whether the acts of the defendant have
intent of deceiving or are calculated to deceive the
ordinary buyer making his purchase under the
ordinary conditions of the particular trade to which
the controversy relates.
* -Trade name should not be contrary to public order or
morals. Trade names shall be protected prior to
registration and shall be unlawful when used to
deceive the public.
* -A collective trademark, however, can be used by a
variety of traders, rather than just one individual
concern, provided that the trader belongs to the
association.
*
* VIII. Copyrights
-right over literary and artistic works which are original
intellectual creations in the literary and artistic domain
protected from the moment of creation
-In case of commissioned work, the person who so
commissioned the work shall have ownership of the
work. The person who made the work however shall own
the copyright unless there is a written stipulation to the
contrary.

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Commercial Law: Intellectual Property Code
Trademarks, Patent and Copyright
-

Good faith is not a defense because insofar as copyright

is concerned it subsists from the moment of creation and
there would be infringement of this right the moment the
defendant copies the copyrighted material, it being
immaterial whether the defendant was unaware that
what he copied was a copyrighted material.
Letters are protected works. Hence, the publication of
the letters is an infringement without the consent of the
author. However, the court may authorize their
publication if public interest so requires it.
Authorship is presumed when the persons name is
indicated in the work when there is no proof to the
contrary
Quoting a work is permissible provided there is citation
Copyright infringement is violation of the owners
exclusive rights conferred by law.
A single creator owns the work, his heirs or assigns; join
creator shall own the thing as co-owners when the work
is unidentifiable; collective
* What are considered as original works under
the Law on Copyright?
1. Books, pamphlets, articles and other writings;
2. Periodicals and newspapers;
* Note: pure news report no longer finds protection
under the new law but a column or published
comment will.
3. Lectures, sermons, addresses, dissertations prepared
for oral delivery, whether or not reduced in writing or
other material form;
4. Letters;

Feliciano Ma. Priscilla Olivia C.

2014
5. Dramatic
or
dramatico-musical
compositions;
choreographic works or entertainment in dumb
shows;
6. Musical compositions, with or without words;
7. Works of drawing, painting, architecture, sculpture,
engraving, lithography or other works of art; models
or designs for works of art;
8. Original ornamental designs or models for articles of
manufacture, whether or not registrable as an
industrial design, and other works of applied art;
9. Illustrations, maps, plans, sketches, charts and threedimensional
works
relative
to
geography,
topography, architecture or science;
10. Drawings or plastic works of a scientific or technical
character;
11. Photographic works including works produced by a
process analogous to photography; lantern slides;
12. Audiovisual works and cinematographic works and
works produced by a process analogous to
cinematography or any process for making audiovisual recordings;
13. Pictorial illustrations and advertisements;
14. Computer programs; and
15. Other literary, scholarly, scientific and artistic works.
* The following derivative works shall also be
protected by copyright:
1. Dramatizations,
translations,
adaptations,
abridgments,
arrangements,
and
other
alterations of literary or artistic works; and

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Truth, Honor and Excellence

*AMDG*
Commercial Law: Intellectual Property Code
Trademarks, Patent and Copyright

2. 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.
* What
are
unprotected
works?
(NonCopyrightable works)
* 1. 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. (Format of a tv show is not
subject to copyright
* 2. news of the day and other miscellaneous facts
having the character of mere items of press
information
* 3. official text of a legislative, administrative or legal
nature, as well as any official translation thereof,
decisions of the court or tribunals; pleadings
* 4. any work of the government of the Philippines
except when: condition imposed prior approval of
then government agency wherein the work is created
shall be necessary for exploitation of such work for
profit. Such agency may impose the as condition
payment of royalties.
* General Limitations in copyright
* -Fair use
* -Private reproduction
* -Repographic reproduction by non-profit
* -Reproduction of a computer program in another
copy by the lawful owner

Feliciano Ma. Priscilla Olivia C.

2014
* -acts that do not infringe: recitation of performance,
reproduction of current political, social, economic,
scientific or religious topics, making of quotations
*
* What is the doctrine of fair use?
* -privilege of persons other than the owner of the
copyright to use the copyrighted material in a
reasonable
manner
without
his
consent,
notwithstanding the monopoly granted to the owner
by
the
copyright,
includes:
criticizing
and
commenting on news reports; using for instructional
purposes including producing multiple copies for
classroom use, scholarship and research; and
decompilation of computer programs.
* -test to determine whether use is fair or not: purpose
and the character of the use, nature of the
copyrighted work, amount and substantially of the
portions used, and effect of the use the potential
market of the copyrighted work.
*
*
*
*
*
*
*
*

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Truth, Honor and Excellence