(vii) The withholding of any permit, license, authority, or registration which isbeing secured by the respondent from the Office;(viii) The assessment of damages;(ix) Censure; and(express severe disapproval)(x) Other analogous penalties or sanctions. (Secs. 6, 7, 8, and 9, ExecutiveOrder No. 913 a)10.3. The Director General may by Regulations establish the procedure to governthe implementation of this Section.C. The National Library and Supreme Court Library (Sec. 191)
not a mandatory requirement
only a system of deposit to make it easier to prove that the right to copyright exists as of a certain date
does not give rise to a right
Registration and Deposit with National Library and the Supreme Court Library.
- After the first public dissemination of performance by authority of the copyright owner of a workfalling under Subsections 172.1, 172.2 and 172.3(literary & artistic works)of this Act, thereshall,for the purpose of completing the recordsof the National Library and the Supreme CourtLibrary, within 3 weeks, be registered and deposited with it, by personal delivery or by registeredmail 2 complete copies or reproductions of the work in such form as the directors of said librariesmay prescribe. A certificate of deposit shall be issued for which the prescribed fee shall becollected and the copyright owner shall be exempt from making additional deposit of the workswith the National Library and the Supreme Court Library under other laws. If, within 3 weeksafter receipt by the copyright owner of a written demand from the directors for such deposit, therequired copies or reproductions are not delivered and the fee is not paid, the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to theNational Library and the Supreme Court Library the amount of the retail price of the best editionof the work. Only the above mentioned classes of work shall be accepted for deposit by theNational Library and the Supreme Court Library. (Sec. 26, P.D. No. 49a)
Kho v. Court of Appeals
, GR No. 115758, 19 March 2002Issue: Whether the copyright and patent over the name and container of a beauty cream productwould entitle the registrant to the use and ownership over the same to the exclusion of othersHeld: No.
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
scope of a
is confined to literary and artistic works which are original intellectualcreations in the literary and artistic domain protected from the moment of their creation.
, on the other hand, refer to any technical solution of a problem in anyfield of human activity which is new, involves an inventive step and is industrially applicable
Petitioner has no right to support her claim for the exclusive use of the subject trade name andits container. The name and container of a beauty cream product are proper subjects of atrademark inasmuch as the same falls squarely within its definition
. In order to be entitled toexclusively use the same in the sale of the beauty cream product, the user must sufficiently prove thatshe registered or used it before anybody else did. The petitioner’s copyright and patent registration of