UNIVERSITY OF SAN CARLOS TABLE OF CONTENTS Filipino Society of Composers vs. Tan, 148 SCRA 461 (1987) ..........................................................................

10 Maglalang Santos vs., McCullough Printing, 12 SCRA 321 (1964) .......................................................................... 10 (b) Copyright Ownership....................................................... 11 (7) Transfer or Assignment of Copyright.................................... 12 (8) Limitations of Copyright....................................................... 12 (a) Limitations On Copyright ................................................. 12 (b) Fair Use of Work ............................................................. 12 A&M Records Inc. vs. Napster Inc. No. 00-16401 (U.S. Court Decision) ............................................................. 13 Habana vs. Robles G.R. No. 131522, July 19, 1999......... 13 (c) Work of Architecture ....................................................... 13 (d) Reproduction of Published Work...................................... 13 (e) Reprographic Reproduction by Libraries .......................... 14 (f) Reproduction of Computer Program ................................. 14 (g) Importation for Personal Purposes .................................. 14 (9) Registration and Deposit with National Library and Supreme Court Library.............................................................................. 14 (10) Moral Rights ....................................................................... 15 (a) Scope of Moral Rights...................................................... 15 (b) Breach of Contract .......................................................... 15 (c) Waiver of Moral Rights .................................................... 15 (d) Contribution to Collective Work ....................................... 15 (e) Term of Moral Rights ....................................................... 15 (11) Rights to Proceed in Subsequent Transfers ........................ 15 (a) Sale or Lease of Work...................................................... 15 (12) Rights of Performers, Producers of Sound Recordings and Broadcasting Organizations ....................................................... 15 (a) Definitions ...................................................................... 15 (b) Scope of Performers’ Rights ............................................ 16 (c) Moral Rights of Performers .............................................. 16 (d) Limitation on Performers’ Rights ..................................... 16 (e) Additional Remuneration for Subsequent Communications or Broadcasts........................................................................ 16 (f) Contract Terms ................................................................ 16 (g) Scope of Right on Sound Recordings................................ 16 (h) Communication to the Public on Sound Recordings.......... 17 (i) Scope of Right of Broadcasting Organizations................... 17 (j) Limitations on Rights ....................................................... 17 ABS-CBN vs. Phil. Multi-Media System Inc. .................... 17 (13) Term of Protection in General ............................................ 17 (a) Term of Protection .......................................................... 17 (i) Joint Authorship........................................................... 18 (ii) Anonymous or Pseudonymous Works .......................... 18 (iii) Works of Applied Art .................................................. 18 (iv) Photographic Works ................................................... 18 (v)Audio-visual Works ...................................................... 18 (vi) Calculation of Terms ................................................... 18 (b) Term of Protection for Performers, Producers and Broadcasting Organizations .................................................. 18 (14) Infringement...................................................................... 18 (a) How committed ............................................................... 18 Microsoft Corp. vs. Hwang ............................................. 18 Microsoft Corp. vs. Maxicorp Inc.................................... 19 (b) Remedies for Infringement ............................................. 19 Habana vs. Robles ......................................................... 19 Columbia Pictures Inc. vs. CA, supra.............................. 19 (c) Criminal Penalties ........................................................... 19 (d) Affidavit Evidence ........................................................... 20 (e) Presumption of Authorship .............................................. 20 Bayanihan Music Phils., Inc. vs. BMG Records ................ 20 (f) International Registration of Works ................................. 21 (15) Points of Attachment of Rights........................................... 21

I.

INTRODUCTION ................................................................... 3

(1) Basis of the Intellectual Property Law (R.A. 8293, as amended) .................................................................................... 3 (2) Importance of Adopting Laws protecting Intellectual Property Rights .......................................................................................... 3 (3) Philippine commitment to the GATT-TRIPS agreement .......... 3 Tañada vs. Angara, G.R. No. 118295, May 2, 1997 ...........3 (4) Did RA 8293 repeal existing laws on intellectual property? ... 3 Mirpuri vs. CA..................................................................3 Samson vs. Daway ..........................................................3 (5) Intellectual Property Rights – Trademark, Copyright and Patents ........................................................................................ 3 (6) Republic Act No. 8293 – Intellectual Property Law ................ 4

II.

PRELIMINARY MATTERS .................................................. 4

(1) State Policy Declaration ......................................................... 4 Twentieth Century Music Corp. vs. Aiken .........................4 Feist Publications, Inc. vs. Rural Television Services Company .........................................................................4 (2) Effect on International Conventions and on Principle of Reciprocity................................................................................... 5 Mirpuri vs. CA..................................................................5 (3) Coverage of Intellectual Property Rights ............................... 5 Kho vs. CA,......................................................................5 Pearl & Dean Inc. vs. Shoemart Inc .................................6 (4) Functions of IPO........................................................6 (5) The Intellectual Property Office ............................................. 6 Pest Management Association of the Philippines vs. Fertilizer and Pesticide Authority.....................................6

III.

LAW ON COPYRIGHT ........................................................ 6

(1) Definitions ............................................................................. 6 (2) Protection, when commenced ................................................ 7 (3) Idea/Expression Dichotomy................................................... 7 (4) Works Protected .................................................................... 7 (a) Literary or Artistic Works ..................................................7 Columbia Pictures vs. CA, 261 SCRA 144 (1996) ..............8 Ching vs. Salinas, G.R. No. 161295, June 29, 2005 ...........8 (b) Derivative Works...............................................................8 Laktaw vs. Paglinawan, 44 Phil. 855 (1918) ....................9 (c) Published Edition of Work..................................................9 (5)Works Not Protected............................................................... 9 (a)Unprotected Subject Matter................................................9 Joaquin, Jr. vs. Drilon, 302 SCRA 225 (1999) ...................9 (b)Works of Government.........................................................9 (6) Copyright or Economic Rights; Ownership ........................... 10 (a) Copyright or Economic Rights – Sec. 177 ......................... 10 Pearl & Dean Inc., supra................................................ 10

Rommel A. Tio

Page 1 of 21

Intellectual Property Law

UNIVERSITY OF SAN CARLOS (a)For Literary and Artistic Works and Derivative Works ....... 21 Pearl & Dean Inc. vs. Shoemart Inc. .............................. 21 (b) For Performers ................................................................ 21 (c) Of Sound Recordings ....................................................... 21 (d) For Broadcast.................................................................. 21

Rommel A. Tio

Page 2 of 21

Intellectual Property Law

No. May 2.” and it would have simply stated “Republic Act No. especially its major trading partners. Angara) Tañada vs. 118295. particularly when beneficial to the people. symbols and/or designs as would cause confusion. the offense is cognizable by the Municipal Trial Courts and not by the Regional Trial Court. and where naturally. user and owner of the following internationally: “CATERPILLAR”. 8293. Republic Act No. The use of the phrases “parts of Acts” and “inconsistent herewith” only means that the repeal pertains only to provisions which are repugnant or not susceptible of harmonization with R. 8293 intended to vest jurisdiction over violations of intellectual property rights with the Metropolitan Trial Courts. is consistent and in harmony with Section 163 of R.A. . Presidential Decree No. It shall protect and secure the exclusive rights of scientists. (n) General Agreement on Tariffs and Trade (GATT) was a collection of treaties governing access to the economies of treaty adherents with no institutionalized body administering the agreements or dependable system of dispute settlement. or extends reciprocal rights to nationals of the Philippines by law.A.A. for such periods as provided in this Act. Quezon City. . No. as amended are hereby repealed. No. as amended. artists and other gifted citizens to their intellectual property and creations. R.UNIVERSITY OF SAN CARLOS I. inventors.7 Section 27 of R. 8293. No. . 166. No. weak and underdeveloped countries were at a disadvantage. 160054-55.R. . owner/proprietor of ITTI Shoes/Mano Shoes Manufactuirng Corporation located at Robinson’s Galleria.1. hereof shall be brought before the Court of First Instance. Had R. No. and (the attraction of) more investments into the country. 49. attracts foreign investments. treaty or agreement relating to intellectual property rights or the repression of unfair competition. including Presidential Decree No. 285. INTRODUCTION Facts: Issues: Held: Samson vs. sued Samson for unfair competition in RTC. Nov. G. “CAT”. treaty or reciprocal law. – 239. Jurisdiction of Court of First Instance. 19. RA 166. accessories and paraphernalia which are closely identical to and/or colorable imitations of the authentic Caterpillar products and likewise using trademarks.A. Heretofore. 166. are hereby repealed. Republic Act 8293 Section 239. (1) Basis of the Intellectual Property Law (R. No. No." Although the Chief Executive did not expressly mention it in his letter.Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention. false designation of origin and false description or representation. shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. as amended) Section 2.. mistake or deception on the part of the buying public to the damage and prejudice of CATERPILLAR. as amended. Tio Page 3 of 21 Intellectual Property Law . through the reduction of tariffs on its exports. To this end. 166 was expressly repealed by R. Republic Act No. more particularly Republic Act No. No. 8293. “CAT AND DESIGN”. 285. (Tanada vs. Thus. sell and/or offer for sale CATERPILLAR products such as footwear.A.” Caterpillar Inc. “CATERPILLAR & DESIGN”. 49.A. July 21. as articulated by President Fidel V.A. 165. 8293 does not expressly repealed R. 49. . more particularly Republic Act No. . 1998. (4) Did RA 8293 repeal existing laws on intellectual property? NO. however. (n) (2) Importance of Adopting Laws protecting Intellectual Property Rights The use of intellectual property bears a social function. Samson filed a motion to for the quashal of information for lack of jurisdiction. the aforequoted clause did not expressly repeal R. Notably. R. Copyright and Patents Sec. 166. clothing. 114508. did then and there willfully. 1997 The Philippines joined WTO as a founding member with the goal. as amended. Repeals. “WALKING MACHINES” and “TRACK-TYPE TRACTOR & DESIGN. 165.A. the criminal penalty for infringement of registered marks. 1999 SEC. Daway G. Issues: Whether or not R. 166 (The Trademark Law) SEC.R. PD 49 and PD 285 were repealed. garments. 285. and Articles 188 and 189 of the Revised Penal Code.A. 8293 Rommel A. 2004 Facts: Samson. including Presidential Decree No.A. which took effect on January 1. including Presidential Decree No. 4.A. Declaration of State Policy.A. (the reduction of) costs and uncertainty associated with exporting . it would not have used the phrases “parts of Acts” and “inconsistent herewith. and ensures market access for our products. as amended. unlawfully and feloniously distribute. (3) Philippine commitment to the GATT-TRIPS agreement Section 3. to which the Philippines is also a party. 166 in its entirety. Angara. . only inconsistent provisions or parts of RA 165. as amended. are hereby repealed. 166. xxx Under Section 170 of R. EDSA corner Ortigas Avenue. as amended. Ramos in two letters to the Senate of improving "Philippine access to foreign markets. 7691.R.” It would have removed all doubts that said specific laws had been rendered without force and effect. bags. as amended. INC. It is also the policy of the State to streamline administrative procedures of registering patents. Presidential Decree No. and Articles 188 and 189 of the Revised Penal Code. trade disputes were settled mainly through negotiations where solutions were arrived at frequently on the basis of relative bargaining strengths. and Articles 188 and 189 of the Revised Penal Code. 239. the prior adopter. as amended.A. No. facilitates transfer of technology." The President also saw in the WTO the opening of "new opportunities for the services sector .A. Samson contended that since under Section 170 of R.1. 8293. (jurisdiction of Municipal Trial Courts) xxx Under Section 27 of of R. the Philippines — and this is of special interest to the legal profession — will benefit from the WTO system of dispute settlement by judicial adjudication through the independent WTO settlement bodies called (1) Dispute Settlement Panels and (2) Appellate Tribunal. .The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. is imprisonment from 2 to 5 years and a fine ranging from Fifty Thousand Pesos to Two Hundred Thousand Pesos. No. particularly agricultural and industrial products. 8293? Held: No. the penalty of imprisonment for unfair competition does not exceed six years. 27. No. Nos. and to enhance the enforcement of intellectual property rights in the Philippines. 8293. 165. unfair competition. it would have expressly stated so under Section 163 thereof. Republic Act No.A. International Conventions and Reciprocity. 166. No. – All actions under this Chapter [V – Infringement] and Chapters VI [Unfair Competition] and VII [False Designation of Origin and False Description or Representation]. otherwise. Presidential Decree No. (5) Intellectual Property Rights – Trademark. All Acts and parts of Acts inconsistent herewith. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.1 All Acts and parts of Acts inconsistent herewith. per R. CA G. trademarks and copyright. to liberalize the registration on the transfer of technology. Mirpuri vs. No.

The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. that compilations of facts generally are. But the ultimate aim Rommel A. Four of these were fictitious listings that Rural had inserted into its directory to detect copying. and ensures market access for our products. The white pages list in alphabetical order the names of Rural's subscribers. Definitions. Rural obtains subscriber information quite easily. as a condition of its monopoly franchise. 2 Section 2. "The sole interest of the United States and the primary object in conferring the monopoly. of course. "[t]o perform the copyrighted work publicly for profit. To obtain white pages listings for its area-wide directory. which covers only a particular calling area. c) Geographic Indications. Feist's area-wide directories cover a much larger geographical range. It shall protect and secure the exclusive rights of scientists. b) Trademarks and Service Marks. but private motivation must ultimately serve the cause of promoting broad public availability of literature. The limited scope of the copyright holder's statutory monopoly. Feist responded that such efforts were economically impractical and. in compiling its own directory. a typical Feist listing includes the individual's street address. most of Rural's listings do not. 8293 – Intellectual Property Law II. could not use the information contained in Rural's white pages. 1991 Rural Telephone Service Company is a certified public utility that provides telephone service to several communities in northwest Kansas. As a result.. Aiken 422 U." this Court has said. There can be no valid copyright in facts is universally understood. let alone one with monopoly status.309 of the 46. would authorize the sale of an untold number of licenses for what is basically a single rendition of a copyrighted work. The yellow pages list Rural's business subscribers alphabetically by category and feature classified advertisements of various sizes." since the radio reception did not constitute a "performance" of the copyrighted songs. vs. then hired personnel to investigate the 4. The term "intellectual property rights" consists of: a) Copyright and Related Rights. the Copyright Act must be construed in light of this basic purpose. unnecessary because the information copied was beyond the scope of copyright protection. rendering it less attractive to potential yellow pages advertisers. To hold that Aiken "performed" the copyrighted works would obviously result in a wholly unenforceable regime of copyright law. inventors. f) Layout-Designs (Topographies) of Integrated Circuits. and g) Protection of Undisclosed Information (n.878 white pages listings -compared to Rural's approximately 7. artists and other gifted citizens to their intellectual property and creations.878 listings in Feist's 1983 directory were identical to listings in Rural's 1982-1983 white pages. The immediate effect of our copyright law is to secure a fair return for an "author's" creative labor. attracts foreign investments. only Rural refused to license its listings to Feist. Feist approached each of the 11 telephone companies operating in northwest Kansas and offered to pay for the right to use its white pages listings. consisting of white pages and yellow pages. together with their towns and telephone numbers. The Feist directory that is the subject of this litigation covers 11 different telephone service areas in 15 counties and contains 46. to liberalize the registration on the transfer of technology. . as omitting these listings would have left a gaping hole in its area-wide directory. Authors and Publishers to perform the songs. Rural distributes its directory free of charge to its subscribers. It is also the policy of the State to streamline administrative procedures of registering patents. Rural's refusal created a problem for Feist. Inc. It is subject to a state regulation that requires all telephone companies operating in Kansas to issue annually an updated telephone directory. Rural sued for copyright infringement in the District Court for the District of Kansas taking the position that Feist. and would also be highly inequitable. Rural then assigns them a telephone number. 20th Century Music then sued Aikenfor copyright infringement.935 that remained. noting in its brief that "facts and discoveries. PRELIMINARY MATTERS (1) State Policy Declaration Sec.700 listings. for such periods as provided in this Act. but Aiken had no such license. Notwithstanding these additions. Persons desiring telephone service must apply to Rural and provide their names and addresses.1. to stimulate artistic creativity for the general public good. Feist is not a telephone company. Unable to license Rural's white pages listings. Tio Page 4 of 21 Intellectual Property Law . is a publishing company that specializes in area-wide telephone directories." When technological change has rendered its literal terms ambiguous. Inc. 1. and therefore lacks independent access to any subscriber information. Feist began by removing several thousand listings that fell outside the geographic range of its area-wide directory. the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. Rural publishes a typical telephone directory. and the other arts. reflects a balance of competing claims upon the public interest: creative work is to be encouraged and rewarded. Rural Television Services Company 499 U. Rural asserted that Feist's employees were obliged to travel door-to-door or conduct a telephone survey to discover the same information for themselves. (6) Republic Act No.UNIVERSITY OF SAN CARLOS is. particularly when beneficial to the people. the other. under the Copyright Act.S. at the same time. in any event. e) Patents. Such a ruling. Declaration of State Policy. To this end. As the sole provider of telephone service in its service area. TRIPS). which was licensed by the American Society of Composers. and to enhance the enforcement of intellectual property rights in the Philippines. (n) Twentieth Century Music Corp. "lie in the general benefits derived by the public from the labors of authors. are not themselves subject to copyright Whether or not Telephone directories are copyrightable or not? Facts: Section 4. however. The most fundamental axiom of copyright law is that "no author may copyright his ideas or the facts he narrates. These employees verified [p*344] the data reported by Rural and sought to obtain additional information. Accordingly.S. Unlike a typical directory. 340. thus conflicting with the balanced purpose of the Copyright Act of assuring the composer an adequate return for the value of his composition while. like the limited copyright duration required by the Constitution. 151 Facts 20Th Century Music Corporation copyrighted songs were received on the radio in Aiken’s food shop from a local broadcasting station. Like Rural's directory. Issue Whether the reception of a radio broadcast of a copyrighted musical composition can constitute copyright infringement when the copyright owner has licensed the broadcaster to perform the composition publicly for profit? Held Aiken did not infringe upon 20th Century exclusive right. vs." Rural wisely concedes this point. Feist Publications.4. Feist Publications. since (short of keeping his radio turned off) one in Aiken's position would be unable to protect himself from infringement liability. The use of intellectual property bears a social function. music. Feist and Rural compete vigorously for yellow pages advertising. protecting the public from oppressive monopolies. The District Court granted awards. but the Court of Appeals reversed. by this incentive. Issues: Held: The court rule that facts are not copyrightable. trademarks and copyright. facilitates transfer of technology. moreover. reducing the need to call directory assistance or consult multiple directories. Feist's is distributed free of charge and includes both white pages and yellow pages. Of the 11 telephone companies. but earns revenue by selling yellow pages advertisements. Feist used them without Rural's consent. d) Industrial Designs. .

See Harper Original. thereby misleading the public. re-packer and distributor of Chin Chun Su products manufactured by Shun Yi Factory of Taiwan. The term "intellectual property rights" consists of: a) Copyright and Related Rights. meets the constitutional minimum for copyright protection if it features an original selection or arrangement. the scope of a copyright is confined to literary and Rommel A. penalty or any similar burden imposed by the law of a foreign country on a Philippine national seeking protection of intellectual property rights in that country. Kho vs. The distinction is one between creation and discovery: the first person to find and report a particular fact has not created the fact. maker”." Author . and again in the Copyright Act of 1976. e) Patents. The vast majority of works make the grade quite easily. Tio Page 5 of 21 Intellectual Property Law . prints. as they possess some creative spark. biographical. diminution. Illustrative Example Census-takers do not "create" the population figures that emerge from their efforts. (2) Effect on International Conventions and on Principle of Reciprocity Sec. may possess the requisite originality. This is because facts do not owe their origin to an act of authorship.R.. "They may not be copyrighted and are part of the public domain available to every person. copyrightable. yet both are original and. and g) Protection of Undisclosed Information (n. prints. Originality does not signify novelty. c) Geographic Indications. limitation. G. 114508. and news of the day. the registered owner of the copyrights Chin Chun Su and Oval Facial Cream Container/Case. Originality requires independent creation plus a modicum of creativity: "While the word writings may be liberally construed. Facts are not copyrightable. 19. A trademark 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. CA G. d) Industrial Designs. . To qualify for copyright protection. treaty or agreement relating to intellectual property rights or the repression of unfair competition. The writings which are to be protected are the fruits of intellectual labor. and that it possesses at least some minimal degree of creativity. On December 20." However. means only that the work was independently created by the author (as opposed to copied from other works). Census data therefore do not trigger copyright because these data are not "original" in the constitutional sense. assignee of the patent registration certificate. that the Summerville should be enjoined from allegedly infringing on the copyrights and patents of the Kho. These choices as to selection and arrangement. March 19. 1991." Factual compilations. . 1999 Facts Issues Held (3) Coverage of Intellectual Property Rights Sec. To illustrate. a work may be original even though it closely resembles other works so long as the similarity is fortuitous. that KEC Cosmetics Laboratory of the of Kho obtained the copyrights through misrepresentation and falsification. hence. 2002 Facts Kho is doing business under the name and style of KEC Cosmetics Laboratory. in a sense.R. alleged as their defense that they are the exclusive and authorized importer." The discoverer merely finds and records. treaty or reciprocal law. Nov. 4. a trade name means the name or designation identifying or distinguishing an enterprise. that the said Taiwanese manufacturing company authorized Summerville to register its trade name Chin Chun Su Medicated Cream with the Philippine Patent Office and other appropriate governmental agencies. and are founded in the creative powers of the mind. Reverse Reciprocity of Foreign Laws. (n) Section 231. assume that two poets. compose identical poems.scientific. &c. and the like. to which the Philippines is also a party. shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. TRIPS). and resulting in the decline in the Kho’s business sales and income. historical. Issues 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 Trademark. as it has been. even a slight amount will suffice.Any condition. Compilations were expressly mentioned in the Copyright Act of 1909. so long as they are made independently by the compiler and entail a minimal degree of creativity. Definitions. Thus. it is only such as are original. shall reciprocally be enforceable upon nationals of said country. (n) Mirpuri vs. copyright and patents are different intellectual property rights that cannot be interchanged with one another. Summerville advertised and sold Kho’s cream products under the brand name Chin Chun Su. against the Summerville General Merchandising and Company (Summerville. to include original designs for engraving. only facts. on the other hand. One who discovers a fact is not its "maker" or "originator. Notes On what basis may one claim a copyright in such a work? Common sense tells us that 100 uncopyrightable facts do not magically change their status when gathered together in one place. Why facts are not copyrightable? No one may claim originality as to facts. 3 & 231 Section 3. f) Layout-Designs (Topographies) of Integrated Circuits. as the term is used in copyright. Summerville on the other hand.1 Section 4. to distribute and market Chin Chun Su products in the Philippines had already been terminated by the said Taiwanese Manufacturing Company. "no matter how crude. even a directory that contains absolutely no protectible written expression. No. CA. for brevity) and Ang Tiam Chay. Meanwhile. and how to arrange the collected data so that they may be used effectively by readers. and. International Conventions and Reciprocity. that she also has patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream after purchasing the same from Quintin Cheng.4. The same is true of all facts -.in a constitutional sense is to mean "he to whom anything owes its origin. originator. To be sure. 115758. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. a work must be original to the author. Elidad C. engravings. Yet copyright law seems to contemplate that compilations that consist exclusively of facts are potentially within its scope. the requisite level of creativity is extremely low. humble or obvious" it might be. he or she has merely discovered its existence. it is beyond dispute that compilations of facts are within the subject matter of copyright. b) Trademarks and Service Marks. embodied in the form of books. and. the registered owner thereof in the Supplemental Register of the Philippine Patent Office. The compilation author typically chooses which facts to include.1. or extends reciprocal rights to nationals of the Philippines by law. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction. they copy these figures from the world around them. that the authority of Quintin Cheng.Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention. in what order to place them. in similar containers that Kho uses. . within Philippine jurisdiction. In relation thereto. No. each ignorant of the other. restriction. Neither work is novel.UNIVERSITY OF SAN CARLOS protection. not the result of copying. The sine qua non of copyright is originality. requirement. are sufficiently original that Congress may protect such compilations through the copyright laws.

. a non-stock corporation duly organized and existing under the laws of the Philippines. b) Examine applications for the registration of marks.A. b) The Bureau of Trademarks. is an association of pesticide handlers duly licensed by respondent Fertilizer and Pesticide Authority (FPA). 8293 recognizes that efforts to fully protect intellectual property rights cannot be undertaken by the IPO alone. Financial and Personnel Services Bureau. 8293. e) Publish regularly in its own publication the patents. the following terms have the following meaning: 171. 8293). Kho has no right to support her claim for the exclusive use of the subject trade name and its container. Information and Technology Transfer Bureau. or differs only in ways that would not significantly increase the risk of unreasonable adverse effects.1. 6. 148222. not having proven that she has registered a trademark thereto or used the same before anyone did. paragraph (g) of said Section even provides that the IPO shall "[c]oordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. Shoemart Inc G. No. c) Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II. 2002. the grant of power to the IPO to administer and implement State policies on intellectual property is not exclusionary as the IPO is even allowed to coordinate with other government agencies to formulate and implement plans and policies to strengthen the protection of intellectual property rights. Other agencies dealing with intellectual property rights are. guidelines and regulations to give protection to such rights. specifications. A "collective work" is a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified. drawings. all data may be freely cited in support of registration by any applicant.2 Section 6. a preliminary injunction order cannot be issued for the reason that the petitioner has not proven that she has a clear right over the said name and container to the exclusion of others. Issues Whether or not FPA encroach upon the jurisdiction of the Intellectual Property Office? Held There is no encroachment upon the powers of the IPO granted under R. It is further argued that under Republic Act No. 5 Section 5. No. f) Administratively adjudicate contested proceedings affecting intellectual property rights. (n) (5) The Intellectual Property Office Sec. c) The Bureau of Legal Affairs. e) The Management Information System and EDP Bureau. and the technology transfer arrangements registered. No. The name and container of a beauty cream product are proper subjects of a trademark inasmuch as the same falls squarely within its definition. 2003 Facts Issues Held (4) Functions of IPO Sec.R.UNIVERSITY OF SAN CARLOS artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation. Consequently. geographic indication. After this period. 2007 Facts The case commenced upon PMAP’s filing of a Petition For Declaratory Relief With Prayer For Issuance Of A Writ Of Preliminary Injunction And/Or Temporary Restraining Order with the RTC on January 4.5. No. To administer and implement the State policies declared in this Act.1. 5. involves an inventive step and is industrially applicable. Pearl & Dean Inc. 8293 (R. issued and approved. but any other party may independently generate and use his own data. III.For the purpose of this Act.A. otherwise known as the Intellectual Property Code of the Philippines. d) The Documentation. utility models and industrial designs. It questioned the validity of Section 3. and other papers and things relating to intellectual property rights applications filed with the Office. In order to be entitled to exclusively use the same in the sale of the beauty cream product. These Bureaus are: a) The Bureau of Patents. February 21. The petitioner’s copyright and patent registration of the name and container would not guarantee her right to the exclusive use of the same for the reason that they are not appropriate subjects of the said intellectual rights. Section 5 thereof enumerates the functions of the IPO. During this period subsequent registrants may rely on these data only with third party authorization or otherwise must submit their own data. The Office shall be divided into six (6) Bureaus. integrated circuits. Petitioner. and f) The Administrative. therefore. marks. Functions of the Intellectual Property Office (IPO). 156041. documents. Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer. provided convincing proof is submitted that the product being registered is identical or substantially similar to any current registered pesticide. each of which shall be headed by a Director and assisted by an Assistant Director.R. and g) Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. refer to any technical solution of a problem in any field of human activity which is new.2. A patent prohibits all unlicensed making. Definitions. there is hereby created the Intellectual Property Office (IPO) which shall have the following functions: a) Examine applications for grant of letters patent for inventions and register utility models and industrial designs. while data protection accorded by the FPA merely prevents copying or unauthorized use of an applicant's data. Pest Management Association of the Philippines vs. books. No. The Office shall have custody of all records. August 15.A. Fertilizer and Pesticide Authority G. On the contrary. "Author" is the natural person who has created the work. not precluded from issuing policies.12 Protection of Proprietary Data Data submitted to support the first full or conditional registration of a pesticide active ingredient in the Philippines will be granted proprietary protection for a period of seven years from the date of such registration.2. Tio Page 6 of 21 Intellectual Property Law . FPA emphasize that the provision on protection of proprietary data does not usurp the functions of the Intellectual Property Office (IPO) since a patent and data protection are two different matters. R. 171 – 171. d) Promote the use of patent information as a tool for technology development. . Rommel A. Nowhere in said provision does it state nor can it be inferred that the law intended the IPO to have the exclusive authority to protect or promote intellectual property rights in the Philippines.10 Section 171. vs. Patentable inventions. which provides thus: 3. 171.12 of the 1987 Pesticide Regulatory Policies and Implementing Guidelines. LAW ON COPYRIGHT (1) Definitions Sec. on the other hand.2. using and selling of a particular product. Lastly. the user must sufficiently prove that she registered or used it before anybody else did." Clearly.

discovery or mere data as such. engraving. Works are protected by the sole fact of their creation. it is not necessary. as well as of their content. No. A "work of the Government of the Philippines" is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities. hereinafter referred to as "works". irrespective of their mode or form of expression. (d) Letters. principle. .4. for profitmaking purposes.2 Section 172. Note: With or Without words – because there two separate rights for the composition and lyrics. scientific and artistic works. illustrated or embodied in a work. "Rental" is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time. (2) Protection. there must at least be some verifiable expression of the intellectual product.8. to any idea. by an institution the services of which are available to the public. as well as of their content. 171. sculpture. articles and other writings. are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided. having regard to the nature of the work. (c) Lectures. codes. architecture or science. as to satisfy the reasonable requirements of the public. dancing. (e) Dramatic or dramatico-musical compositions. which. method or operation. concept. (i) Illustrations. whether made by hand or produced on an industrial scale. The work must have their origin in the labor of the author. schemes or in any other form. 172. Sec. system. 49 a).D. either directly or by means of any device or process. in the case of an audiovisual work. with or without words. That availability of such copies has been such.6. 175 Section 175. (Sec. procedure. The distinction is one between creation and discovery: the fist to person to find a particular fact has not created the fact: he or she ha merely discovered its existence. and Note: Computer program are copyrightable in this jurisdiction but not patentable. no protection shall extend. 49a) Notes When work is created? A work is created when two requirements are Originality and some form of expression. 172. means means from a "Communication to the public" or "communicate to the public" the making of a work available to the public by wire or wireless in such a way that members of the public may access these works place and time individually chosen by them. sketches.2.10. The right to obtain a copyright on a book depends on originality of the author’s work and not upon any standard of merit. addresses. that works should pass a test of imaginativeness. in the case of a work other than an audiovisual work. 171. (3) Idea/Expression Dichotomy Sec. Note: Furnitures have functional purpose. P. such as public library or archive. charts and three-dimensional works relative to geography. for non-profit purposes.5. or any official text of a legislative. pamphlets. "Published works" means works. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a limited period. (b) Periodicals and newspapers. Original as the term is used in copyright means only that the work was independently created by the author (as opposed to copied from the other works) and that it possess at least some minimal degree of creativity. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article. 2. whether or not registrable as an industrial design. Unprotected Subject Matter. topography. 171. No. Literary and Artistic Works. 171. playing. (Sec. including government-owned or controlled corporations as a part of his regularly prescribed official duties. Note: Laban notation – transcription of choreographic notes (f) Musical compositions. is the recitation. architecture. even if they are expressed. "Public performance". No. to qualify for copyright protection.9. (k) Photographic works including works produced by a process analogous to photography.D. (n) Computer programs. lantern slides. news of the day and other miscellaneous facts having the character of mere items of press information. A "computer" is an electronic or similar device having informationprocessing capabilities. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. irrespective of whether they are or can be present at the same place and at the same time. and where the performance can be perceived without the need for communication within the meaning of Subsection 171. They will differ with the particular subject matter involved. Literary and artistic works. of causing the computer to perform or achieve a particular task or result.2 Section 172. maps. Ching Case: (h) Original ornamental designs or models for articles of manufacture.Notwithstanding the provisions of Sections 172 and 173. However. quality and purpose.172. P. whether or not reduced in writing or other material form. or at different places and/or at different times. scholarly. 171. 49a). and. 171. .1. acting or otherwise performing the work. (4) Works Protected (a) Literary or Artistic Works oral Note: Requisite: For short message sending (sms) or text messages sufficient intellectual effort.3.172. (g) Works of drawing. are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books. (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings.D. lithography or other works of art. with the consent of the authors. irrespective of their mode or form of expression. (m) Pictorial illustrations and advertisements. Rommel A. the showing of its images in sequence and the making of the sounds accompanying it audible. (j) Drawings or plastic works of a scientific or technical character. which is capable when incorporated in a medium that the computer can read. making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that family's closest social acquaintances are or can be present. explained. 172.UNIVERSITY OF SAN CARLOS 171. models or designs for works of art. (o) Other literary. Tio Page 7 of 21 Intellectual Property Law . administrative or legal nature. Works are protected by the sole fact of their creation. and other works of applied art. 2nd Requirement: Expression In order for a work to be entitled protection. in the case of a sound recording. as well as any official translation thereof (n) Note: Ideas are the building blocks of creative expression. sermons. when commenced Sec. plans. choreographic works or entertainment in dumb shows. P. and a "computer program" is a set of instructions expressed in words. painting. dissertations prepared for delivery. 171. 171. 41 (E).11.3. quality and purpose.7. 2.2. under this law.

subsist with respect to any of the following classes of works. as in this case. 49. producers and/or distributors of the works. as amended. the NBI filed applications for search warrants in the RTC of Manila against William Salinas. On September 4. sale. Art. Such non-compliance merely limits the remedies available to him and subjects him to the corresponding sanction. 8. The Leaf Spring Eye Bushing and Vehicle Bearing Cushion fall on neither classification. Ching vs. Baltazar.” The statutory interpretation of the Executive Branch being correct. Domingo. On the basis of the affidavits and depositions of NBI Senior Agent Lauro C. payment of damages arising from infringement. Danilo A. directories and gazetteers. 2005 Facts Jessie G.R.D. registered owner-proprietor of Sunshine Home Video. (Sec. His testimony was corroborated by another witness. including pamphlets and newspapers. 49) 173.) No. 2001. unless there be something in the context of the state which would repel such inference. television sets. the failure to comply with said requirements does not deprive the copyright owner of the right to sue for infringement. 49 “had done away with the registration and deposit of cinematographic works” and that “even without prior registration and deposit of a work which may be entitled to protection under the Decree. and other alterations of literary or artistic works.. Ching is the owner and general manager of Jeshicris Manufacturing Co. 10.” This means that under the present state of the law. and machines. There is creation when an idea is expressed in some tangible medium. The same opinion stressed that “the requirements of registration and deposit are thus retained under the Decree. Rene C. was issued by the court a quo. NBI Senior Agent Lauro C. is not for the purpose of securing a copyright of the work. Agents of the NBI and private researchers made discreet surveillance on various video establishments in Metro Manila including Sunshine Home Video Inc. the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not ornamental. Domingo’s deposition was also taken. The reason for this is expressed in Section 2 of the decree which prefaces its enumeration of copyrightable works with the explicit statement that “the rights granted under this Decree shall. arrangements. paraphernalia.A. there was no right created. and periodicals. Pelindario. materials. The works referred to in paragraphs (a) and (b) of Subsection 173. They are not even artistic creations with incidental utilitarian functions or works incorporated in a useful article. 2. lectures. TRIPS) Idea is not protected. abridgments. (b) Derivative Works Sec. Mr. the copyright for a work is acquired by an intellectual creator from the moment of creation even in the absence of registration and deposit. 8293. 173). and. June 29. the generic word will usually be limited to things of a similar nature with those particularly enumerated. No. Ching requested the National Bureau of Investigation (NBI) for police/investigative assistance for the apprehension and prosecution of illegal manufacturers. addresses. is entitled (to) weight and respect. however. . No.3 of Republic Act (R.1 shall be protected as new works: Provided however. sermons.D. 1987. Atty. or be construed to imply any right to such use of the original works. 8293. the personal properties described in the search warrants are mechanical works. the maker and manufacturer of a Utility Model. That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof.1 and 177. and (b) Collections of literary. not as conditions for the acquisition of copyright and other rights.UNIVERSITY OF SAN CARLOS provided for in Section 26 (P. owned and operated by Danilo A. Rico V. They lack the decorative quality or value that must characterize authentic works of applied art. After due investigation. the principal function of which is utility sans any aesthetic embellishment. 261 SCRA 144 (1996) Facts Columbia Pictures lodged a formal complaint with the National Bureau of Investigation for violation of PD No. Reyes. 2001. no infringement under PD 49 as amended? Held As correctly pointed out by private complainants-oppositors. P.1(a) of R. 49. Pelindario. but rather to avoid the penalty for non-compliance of the deposit of said two copies and in order to recover damages in an infringement suit. from the moment of creation.A. 1978 in its Opinion No. Search Warrant No 87-053 for violation of Section 56 of PD No. (Sec. dissertations prepared for oral delivery. scholarly. as Rommel A. equipment. being not of the same kind and nature as the works enumerated in Section 172 of R. 8293. It was alleged that the respondents therein reproduced and distributed the said models penalized under Sections 177. G. As has been authoritatively clarified: The registration and deposit of two complete copies or reproductions of the work with the National Library within three weeks after the first public dissemination or performance of the work. video cassettes and/or laser disc recordings equipment and other machines and paraphernalia used or intended to be used in the unlawful exhibition. television sets. Issues Whether or not absence such registration. Derivative Works. or to secure or extend copyright in such original works. [P] and [Q].1. reproduction. and letters.173. Ching and Joseph Yu were issued by the National Library Certificates of Copyright Registration and Deposit of the said work described therein as “Leaf Spring Eye Bushing for Automobile. such as books. among others. The following derivative works shall also be protected by copyright: (a) Dramatizations. Baltazar and Atty. of pirated video tapes of copyrighted films all of which were enumerated in a list attached to the application. No. the creator can file action for infringement of its rights. hence. No. Reyes applied for a search warrant with the court a quo against Sunshine seeking the seizure. adaptations. a closer review of Presidential Decree No. CA. Applying the principle of ejusdem generis which states that “where a statute describes things of a particular class or kind accompanied by words of a generic character. NBI Agents found and seized various video tapes of duly copyrighted motion pictures/films owned or exclusively distributed by private complainants. Salinas. and the officers and members of the Board of Directors of Wilaware Product Corporation. 191 of the then Secretary of Justice Vicente Abad Santos which stated that Sections 26 and 50 do not apply to cinematographic works and PD No. manuscripts. and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. Rene C.2. 161295. upon questions by the court a quo.A. including composite and cyclopedic works. only the expression. Columbia Pictures vs. In the hearing of the application. Furthermore. In actuality. Neither are we to regard the Leaf Spring Eye Bushing and Vehicle Bearing Cushion as included in the catch-all phrase “other literary. On November 14. as amended. accessories all of which were included in the receipt for properties accomplished by the raiding team.”[46] the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not copyrightable.D. reiterated in substance his averments in his affidavit. showing. described as “Leaf Spring Eye Bushing for Automobile” made up of plastic. scientific and artistic works” in Section 172. No. lease or disposition of videograms tapes in the premises above described. as amended). Copy of the receipt was furnished and/or tendered to Mr. Rico V. P. scholarly or artistic works. and sought its assistance in their anti-film piracy drive. NBI Senior Agent Lauro C. but as prerequisites to a suit for damages. Issues Whether or not the subject matter is covered by the Copyright of the Intellectual Property Code? Held It is worthy to state that the works protected under the Law on Copyright are: literary or artistic works (Sec. the Department of Justice has resolved this legal question as far back as December 12. 49. Being plain automotive spare parts that must conform to the original structural design of the components they seek to replace. translations. 49. 49 reveals that even with respect to works which are required under Section 26 thereof to be registered and with copies to be deposited with the National Library. 173 Section 173. Reyes.” On September 20. Tio Page 8 of 21 Intellectual Property Law .” He cannot demand. Sr. 172) and derivative works (Sec.

caused irreparable injuries to Laktaw who was surprised when. explained. illustrated or embodied in a work. informing Zosa that BJPI had a copyright to Rhoda and Me and demanding that IXL discontinue airing It’s a Date. even though it be only to annotate. improperly copied the greater part thereof in the work published by him and entitled Diccionariong Kastila-Tagalog (SpanishTagalog Dictionary). Paglinawan without the consent of Laktaw. Jr. Ideas. Copyright.. Laktaw vs. Meanwhile. What then is the subject matter of petitioners’ copyright? TheCourt is of the opinion that petitioner BJPI’s copyright covers audiovisual recordings of each episode of Rhoda and Me. is purely a statutory right. petitioner Francisco Joaquin. to any idea. in the strict sense of the term. No. In a letter. No. the rights are only such as the statute confers. 1973. formats. Unprotected Subject Matter. Inc. Published Edition of Work. administrative or legal nature. On July 14. with costs. 302 SCRA 225 (1999) Facts Petitioner BJ Productions. dated January 28. system. or any official text of a legislative. continued airing It’s a Date. The copyright does not extend to an idea. even if they are expressed. concept. regardless of the form in which it is described. while watching television. discovery or mere data as such. For this reason. and may be obtained and enjoyed only with respect to the subjects and by the persons. Laktaw prayed the court to order the Paglinawan to withdraw from sale all stock of the work of Paglinawan to pay him the sum of $10. must borrow the original and expressive content 2. the protection afforded by the law cannot be extended to cover them. 49.000. (5)Works Not Protected Sec. even merely to annotate or add anything to it. illustrated or embodied in a work. in whole or in part. 1991. information for violation of P. under this law. The act of Pagliwanan is a violation of article 7 of the Law of January 10.D. and (4) that the damages occasioned to him by the publication of Paglinawan's work amounted to $10. 1991. the work must alter not merely copy. 44 Phil. The essence of copyright infringement is the copying. under this law. No right can spring from an unlawful act. Issue Whether or not Paglinawan violated Article 7 of the Intellectual Property Law (1879)? Held Yes. method of operation. 49 was filed against private respondent Zosa together with certain officers of RPN Channel 9. even if they are expressed. No. a non-copyrightable material. Paglinawan violated Article 7 of Intellectual Property Law. (BJPI) is the holder/grantee of Certificate of Copyright No. On June 28. private respondent Zosa apologized to petitioner Joaquin and requested a meeting to discuss a possible settlement. news of the day and other miscellaneous facts having the character of mere items of press information. illustrated. 171. 1991 in which he reiterated his demand and warned that.11 Issue Rommel A. Felipe Medina. Drilon. system. William Esposo. (n) Note: Separate right of the publisher exclusively on typographical arrangement. Zosa. as well as any official translation thereof (n) Joaquin. concepts. M922. 49. There must be compliance of the requirements: 1. principle. Apart from the manner in which it is actually expressed. procedure. and on terms and conditions specified in the statute. or embodied in such work. 49.D. 855 (1918) Facts Laktaw is the registered owner and author of a literary work entitled Diccionario Hispano-Tagalog (Spanish-Tagalog Dictionary) published in the City of Manila in 1889 by the printing establishment La Opinion. 1879. (b)Works of Government Sec.Notwithstanding the provisions of Sections 172 and 173. the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. Paglinawan. 1991. It is a new or independent right granted by the statute. . (c) Published Edition of Work Sec. of copyrightable materials as defined and enumerated in Section 2 of PD. a dating game show aired from 1970 to 1977. 1971. §2. procedure. IXL. if IXL did not comply. system. he wrote a letter to private respondent Gabriel M. to any idea. no protection shall extend. 176. On July 18. P. president and general manager of IXL. No. the format or mechanics of a television show is not included in the list of protected works in §2 of P. 49. 1991. No. . Whether the format or mechanics of Joaquin’s television show is entitled to copyright protection? Held No. as falling within the class of works mentioned in P. procedure. namely. 175 Section 175.Notwithstanding the provisions of Sections 172 and 173.000. It is enough that another's work has been reproduced without the consent of the owner. reproduced said literary work. 174 Section 174. news of the day and other miscellaneous facts having the character of mere items of press information. administrative or legal nature. / must have substantial variation Article 5 of civil code. vs. 1879. add something to it. Jr. or schemes in their abstract form clearly do not fall within the class of works or materials susceptible of copyright registration as provided in PD. to wit: Cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings. principle.D. president of BJPI. or improve any edition thereof. Upon complaint of petitioners. method or operation. private respondent Zosa sought to register IXL’s copyright to the first episode of “It’s a Date” for which it was issued by the National Library a certificate of copyright on August 14. concept.UNIVERSITY OF SAN CARLOS Note: Derivative works are original work. and not simply a pre-existing right regulated by the statute. . method or operation. the idea of a dating game show is. which was produced by IXL Productions. or any official text of a legislative. his heirs. 175 (a)Unprotected Subject Matter Sec. and Casey Francisco. however. however. in the Regional Trial Court of Quezon City. Law Sec. as well as any official translation thereof. explained. Being a statutory grant. of Rhoda and Me. in the opinion of this Office. Inc. (IXL). petitioner BJPI submitted to the National Library an addendum to its certificate of copyright specifying the show’s format and style of presentation. Paglinawan in his answer denied generally each and every allegation of the complaint and prayed the court to absolve him from the complaint. Unprotected Subject Matter. dated July 19. or discovery. §2(M).D. or assigns. he would endorse the matter to his attorneys for proper legal action.In addition to the right to publish granted by the author. Tio Page 9 of 21 Intellectual Property Law . 175. on Intellectual Property. on publishing his new work entitled Diccionario Tagalog-Hispano (Tagalog-Spanish Dictionary) he learned of the fact. discovery or mere data as such. on Intellectual Property: Nobody may reproduce another person's work without the owner's consent. 49. prompting petitioner Joaquin to send a second letter on July 25. saw on RPN Channel 9 an episode of It’s a Date. Law Article 7 of the Law of January 10. or improve any edition thereof. refers to finished works and not to concepts. no protection shall extend. explained. process. principle. It is not necessary that a work should be an improper copy of another work previously published. concept. in enumerating what are subject to copyright.

" (Santos v. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership. etc. p. 177 Note: Copyright . 10) became popular in radios. if the general public has made use of the object sought to be copyrighted for thirty (30) days prior to the copyright application the law deems the object to have been donated to the public domain and the same can no longer be copyrighted. No prior approval or conditions shall be required for the use of any purpose of statutes. adaptation. Issues 1. 12 SCRA 324-325 [1964]. 3 (as amended. May 28. pp. adaptation and appropriation by the MCCULLOUGH PRINTING COMPANY of the intellectual creation or artistic design of a Christmas card by him (Mauro Maglalang Santos) based on Article 721 and 722 of the Civil Code of the Philippines. 5. No copyright shall subsist in any work of the Government of the Philippines. long before registration (TSN. Tan. (the year of the hearing) or from 1943 (TSN.6.UNIVERSITY OF SAN CARLOS Section 176. and 177.economic right / moral rights . Notwithstanding the foregoing provisions. in deliberative assemblies and in meetings of public character.D.. (n) 176. underneath which appears the plaintiff's pen name. P. 25) while the song "The Nearness Of You" registered on January 14. Public performance of the work. is organization under the Corporation Law of the Philippines and registered with the Securities and Exchange Commission. (6) Copyright or Economic Rights. Tan’s Argument: That the mere singing and playing of songs and popular tunes even if they are copyrighted do not constitute an infringement (Record on Appeal. 1956 (Brief for Appellant. D.. P. 12 SCRA 321 (1964) Facts Mauro Malalang Santos filed an action for damages for unauthorized use. McCullough Printing Company. 10) had become popular twenty five (25) years prior to 1968. 49) 176.. 4489 25 F. lectures. Such agency or office may. dated September 18.2. and dissertations.Subject to the provisions of Chapter VIII. Copyright or Economic Rights.1. a computer program. arrangement or other transformation of the work. failure of which renders such creation public property. sermons.. including government-owned or controlled corporations as a part of his regularly prescribed official duties. The following year the defendant McCullough Printing Company. Section 177. Supp." Benjamin Tan on the other hand is the operator of a restaurant known as "Alex Soda Foundation and Restaurant" where a combo with professional singers. 46373R. authorize or prevent the following acts: 177. Rollo. 1966. and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. among other things. rules and regulations.5. CA-G. NO. 1947) entitled 'Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims' promulgated pursuant to Republic Act 165. Reproduction of the work or substantial portion of the work.3. without the knowledge and authority of plaintiff. 1955 (Brief for Appellant. a compilation of data and other materials or a musical work in graphic form. beside a tree. P." "Sapagkat Kami Ay Tao Lamang" and "The Nearness Of You. were playing and singing the above-mentioned compositions without any license or permission from the appellant to play or sing the same. 49a) Statutory Right – the right is limited to what the statute confers. The complaint alleges that plaintiff Mauro Malang Santos designed for former Ambassador Felino Neri. v. Dramatization. Other communication to the public of the work. bequest or otherwise. "Sapagkat Ikaw Ay Akin. No. (Ibid.R. read or rendered in courts of justice. Malang. abridgment. (Sec.1. first par. pp. Held 1st issue: Yes. 177. (n) 177. before administrative agencies. For such Rommel A. 28. 177. . appellant demanded from the appellee payment of the necessary license fee for the playing and singing of aforesaid compositions but the demand was ignored. third par. 32-36) under the provisions of Section 3 of the Copyright Law (Act 3134 of the Philippine Legislature). No. Resolution. the artistic motif in question. Ownership (a) Copyright or Economic Rights – Sec. McCullough Printing. 9. nor shall publication or republication by the Government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner. provides among other things that an intellectual creation should be copyrighted thirty (30) days after its publication. or within the (60) days if made elsewhere. pp. p. and speeches. 9. The author of speeches.11. impose as a condition the payment of royalties.176. supra Facts Issues Law Held Filipino Society of Composers vs. Assuming that there were indeed public performances for profit.“right to paternity”. displayed the very design in its album of Christmas cards and offered it for sale. pronounced. for his personal Christmas Card greetings for the year 1959. Indeed. 3-5. Maglalang Santos vs.2.7. if made in Manila. 177.4. Rental of the original or a copy of an audiovisual or cinematographic work. a work embodied in a sound recording. hired to play and sing musical compositions to entertain and amuse customers therein. p.D. 1968. Authors and Publishers Inc.3. lectures. Russon No. irrespective of the ownership of the original or the copy which is the subject of the rental. et al. 29 and 30). whether or not Benjamin Tan can be held liable therefore. 49) 171. 11. 317). Public display of the original or a copy of the work. The testimonies of the witnesses at the hearing of this case on this subject were unrebutted by the appellant. copyright or economic rights shall consist of the exclusive right to carry out. Whether or not the playing and singing of musical compositions which have been copyrighted under the provisions of the Copyright Law (Act 3134) inside the establishment of Benjamin Tan constitute a public performance for profit within the meaning and contemplation of the Copyright Law of the Philippines? 2. for a price. . prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. addresses. However. A "work of the Government of the Philippines" is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities. A careful study of the records reveals that the song "Dahil Sa Iyo" which was registered on April 20. (Sec. addresses. 2nd issue: The Supreme Court has ruled that "Paragraph 33 of Patent Office Administrative Order No. 177. No. Accordingly. Tio Page 10 of 21 Intellectual Property Law . The association is the owner of certain musical compositions among which are the songs entitled: "Dahil Sa Iyo". Works of the Government. (Sec. The playing of music in dine and dance establishment which was paid for by the public in purchases of food and drink constituted "performance for profit" within a Copyright Law (Buck. Pearl & Dean Inc. translation. 1968. p. 27) and the songs "Sapagkat Ikaw Ay Akin" and "Sapagkat Kami Ay Tao Lamang" both registered on July 10. sermons. 148 SCRA 461 (1987) Facts Filipino Society of Composers. The Christmas card depicts a Philippine rural Christmas time scene consisting of a woman and a child in a nipa hut adorned with a star-shaped lantern and a man astride a carabao. appear to have been known and sang by the witnesses as early as 1965 or three years before the hearing in 1968. May 28. juke boxes. the Government is not precluded from receiving and holding copyrights transferred to it by assignment.

the same was not shown on the face of the design. By intellectual creation. unless the contrary appears. unless there is an agreement. the author of the scenario. except for the right to collect performing license fees for the performance of musical compositions.1 Subject to the provisions of this section. (4) The scientist or technologist or any other person with regard to his discovery or invention. Once their works are published. notwithstanding. have absolute right to use the same.2. (Sec. .00. shall have the ownership of their creations even before the publication of the same. unless there is a written stipulation to the contrary. the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner. subject to contrary or other stipulations among the creators. in the case of original literary and artistic works. because it has placed plaintiff's professional integrity and ethics under serious question and caused him grave embarrassment before Ambassador Neri. (3) The painter. It has been held that the effect of offering for sale a dress. (n) Held 1st issue: The Supreme Court found that plaintiff is not entitled to a protection. However. with respect to the product of his art. and not the appellant. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission. if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time. fact that he has not copyrighted his design? (2) Whether the publication is limited. plaintiff suffered moral damages to the tune of P16. their rights shall be governed by the rules on co-ownership. In the case at bar. historical. 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. mentioned in Nos. (n) Art.4. their rights are governed by the Copyright laws. citing Wright v. their rights are governed by the Copyright laws. if made in Manila. and if published. P. (See II Tolentino's Comments on the Civil Code. to the contrary. by whom. 49a) Section 179.00 by way of attorney's fee. P.) 3rd issue: Art. (2) The composer. In the second place. (n) (b) Copyright Ownership Sec.000. but the effect is general publication.Y. National Institute. facilities and materials of the employer. The scientist or technologist has the ownership of his discovery or invention even before it is patented. express or implied. the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms. Supp. 178. 723 (NCC) CHAPTER VI OWNERSHIP OF COPYRIGHT Section 178. in consequence of which enforcement of the restriction becomes impossible (Nutt vs. even as of this moment. with or without words. In the case of work created by an author during and in the course of his employment. that an intellectual creation should be copyrighted thirty (30) days after its publication. if there was such a limited publication or prohibition. When Ambassador Neri distributed 800 copies of the design in controversy.D. scientific or other work. 1947) entitled "Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims" promulgated pursuant to Republic Act 165. provides. but the copyright thereto shall remain with the creator. or that there was an understanding that only Ambassador Neri should. 2nd issue: We are not also prepared to accept the contention of appellant that the publication of the design was a limited one. 1 and 2 of the preceding article. the copyright shall belong to the producer. the film director. mentioned in Nos. Federal Trade Commission. shall have the ownership of their creations even before the publication of the same. The author and the composer. among others. copyright shall belong to the author of the work. it is dedicated to the public. as to his musical composition.Copyright ownership shall be governed by the following rules: 178. When the purpose is a limited publication. dramatic. If. 1 and 2 of the preceding article. In the first place. p. or it is general publication? (3) Whether the provisions of the Civil Code or the Copyright Law should apply in the case? Law Art. 887. 31 F [2d] 236). the plaintiff lost control of his design and the necessary implication was that there had been a general publication. if such were the condition then Ambassador Neri would be the aggrieved party.UNIVERSITY OF SAN CARLOS unauthorized act of defendant. (Sec.000.6.3. No. sculptor. Art. Once their works are published. He has a right to determine whether it shall be published at all. sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. and the author loses the exclusive right to control subsequent publication by others. 49) Rommel A. the co-authors shall be the original owners of the copyright and in the absence of agreement. the person who so commissioned the work shall have ownership of the work. 178. and in what form. there is no copyright for the design in question.D. failure of which renders such creation public property. . 7. The painter. if the work is the result of the performance of his regularly-assigned duties. a work of joint authorship consists of parts that can be used separately and the author of each part can be identified. is to divest the owner of his common law rights therein by virtue of the publication of a 'copy' and thereafter anyone is free to copy the design or the dress (Fashion Originators Guild of America v.For purposes of this Act. 433. 178. 6. 721. Paragraph 33 of Patent Office Administrative Order No. or the pseudonyms or adopted name leaves no doubt as to the author's identity. 178. unless the work is placed under the protection of the copyright law. or other artist. (b) The employer. or if the author of the anonymous works discloses his identity. so as to prohibit its use by others. Issues (1) Whether plaintiff is entitled to protection. and 178. notwithstanding the. 178. the copyright shall belong to: (a) The employee. This exclusive right is confined to the first publication. legal. Tio Page 11 of 21 Intellectual Property Law . the provision of the Civil Code. When once published. 722. the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code. The painter. 722. 114 F [2d] 80). Anonymous and Pseudonymous Works. Eisle 83 N. philosophical. irrevocable rights thereupon become vested in the public. Rules on Copyright Ownership. however. and the author of the work so adapted. In respect of letters. the author of each part shall be the original owner of the copyright in the part that he has created. when. for example manufactured in accordance with an original design which is not protected by either a copyright or a patent. The author of a literary composition has a light to the first publication thereof. He further prayed for the additional sum of P3. or within sixty (60) day's if made elsewhere. the composer of the music. which are incorporated into the work.5. where. The author and the composer. In the case of works of joint authorship. the following persons acquire ownership: (1) The author with regard to his literary. 3 (as amended dated September 18. In the case of audiovisual work. there having been no showing of a clear indication that a limited publication was intended. 179.

(Sec. Copyright and Material Object. No. in a place where no admission fee is charged in respect of such public performance or communication. The copyright may be assigned in whole or in part.The copyright is distinct from the property in the material object subject to it. P. sound recording or film. Within the scope of the assignment.184. Fair Use of a Copyrighted Work. the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright. (n) (7) Transfer or Assignment of Copyright Sec. Notice of the record shall be published in the IPO Gazette. the following acts shall not constitute infringement of copyright: (a) The recitation or performance of a work. Designation of Society. 16. the factors to be considered shall include: (a) The purpose and character of the use.An assignment or exclusive license may be filed in duplicate with the National Library upon payment of the prescribed fee for registration in books and records kept for the purpose. P. are mentioned. That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work. No. P. given away or otherwise transferred to another person by the author or his successor in title. subject to such other limitations as may be provided in the Regulations. slide. a copy of the instrument shall be returned to the sender with a notation of the fact of record. (b) Fair Use of Work Sec. once it has been lawfully made accessible to the public. No. Consequently.2. 49) Section 182. That the source is clearly indicated. lectures. P. social.D.D. scientific or artistic works as part of reports of current events by means of photography.UNIVERSITY OF SAN CARLOS Civil Code: Art. including whether such use is of a commercial nature or is for non-profit educational purposes. That the source and the name of the author. 185 Section 185. Rights of Assignee. P. (g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast. (Sec. However. 19. teaching including multiple copies for classroom use. scientific or professional institutions where such use is in the public interest and is compatible with fair use.3. No. that the original or the copy displayed has been sold. or educational institutions of a work included in a broadcast for the use of such schools. P. (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. comment.2. 180. P. That either the work has been published. or other communication to the public. universities or educational institutions: Provided. 49) (e) The inclusion of a work in a publication. . which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the interoperability of an independently created computer program with other programs may also constitute fair use. universities. if appearing in the work. (n) (j) Public display of the original or a copy of the work not made by means of a film. (f) The recording made in schools.D. (Sec. (Sec. Rommel A. (h) The use made of a work by or under the direction or control of the Government. 49a) Section 183. addresses and other works of the same nature. which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided. . further. Tio Page 12 of 21 Intellectual Property Law . No. whose aim is not profit making.D. the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered. economic. magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. and (k) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner. by a club or institution for charitable or educational purpose only. if done privately and free of charge or if made strictly for a charitable or religious institution or society. 49a) (8) Limitations of Copyright (a) Limitations On Copyright Sec.D. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright.The copyright owners or their heirs may designate a society of artists. No. scientific or religious topic. (b) The nature of the copyrighted work. but they cannot be published or disseminated without the consent of the writer or his heirs. The submission of a literary.. . if appearing on the work. Filing of Assignment or License. news reporting. (Sec. If two (2) or more persons jointly own a copyright or any part thereof. 180. 49) (c) The reproduction or communication to the public by mass media of articles on current political.D. broadcast. 11. Notwithstanding the provisions of Chapter V. (i) The public performance or the communication to the public of a work. No. 32. No. are mentioned.185. . (Sec. 180. P. scholarship. The provisions of this section shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder's legitimate interests. Note: There are seven rights it can be assigned individually or as a whole. third par. Upon recording. neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. Decompilation. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention. and (d) The effect of the use upon the potential market for or value of the copyrighted work. 10(1). That such recording must be deleted within a reasonable period after they were first broadcast: Provided. by the National Library or by educational.183 TRANSFER OR ASSIGNMENT OF COPYRIGHT Section 180. the court may authorize their publication or dissemination if the public good or the interest of justice so requires. (Sec. writers or composers to enforce their economic rights and moral rights on their behalf. (Sec. That the source and of the name of the author. 184. research.D. television image or otherwise on screen or by means of any other device or process: Provided. – 180. or. 49) (b) The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose.D. photographic or artistic work to a newspaper.1.1. 723. Limitations on Copyright. 49) (d) The reproduction and communication to the public of literary. 11. In determining whether the use made of a work in any particular case is fair use. 12. The fair use of a copyrighted work for criticism. if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided.1. cinematography or broadcasting to the extent necessary for the purpose. and similar purposes is not an infringement of copyright. 49a) Section 181. including quotations from newspaper articles and periodicals in the form of press summaries: Provided. . 184 CHAPTER VIII LIMITATIONS ON COPYRIGHT Section 184. 15.

Court Whether or not.187. In determining the question of infringement. prepare derivative work. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. and display.S. Napster also provided a solution to the alleged infringement in the form of a compulsory license. the injury consists in that Robles lifted from Habana’s book materials that were the result of the latter’s research work and compilation and misrepresented them as her own. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents. or piracy. 186 Section 186. Habana et al. If so much is taken that the value of the original work is substantially diminished. and infringement of copyright. Napster claimed that this was not the case. spaceshifting. therefore. Napster’s defense was such that in order for their company to be liable for contributory infringement. The 9th Circuit Federal Court of Appeals found that it was clear the defendants violated at least one of the copyright holders’ five exclusive rights: the right to reproduce. there is an infringement of copyright and to an injurious extent. The copying must produce an “injurious effect”. 00-16401 (U. if appearing on the work. in such cases.1. 1999 Facts Habana is the author of the copyrighted book entitled College English for Today (CET). filed with the Regional Trial Court. but their users were instead engaging in three types of fair use: sampling. That the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates.Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original: Provided.2. under Section 184. Robles ignored the demands. Napster Inc. scheme of presentation. Issues Rommel A. The court decided that Napster’s argument for sampling did not hold. 131522. there is a clear case of appropriation of copyrighted work for her benefit that Robles committed. the work is appropriated. he at least knew that what he was copying was not his. Robles committed no copyright infringement? Held No. If so much is taken that the value of the original is sensibly diminished. nature of the use. In cases of infringement. The essence of intellectual piracy should be essayed in conceptual terms in order to underscore its gravity by an appropriate understanding thereof. are mentioned. Habana’s work as authors is the product of their long and assiduous research and for another to represent it as her own is injury enough. (Cornell) Habana vs. Robles still committed copyright infringement.2. Tio Page 13 of 21 Intellectual Property Law . When Habana et al. thematic and sequential similarity between DEP and CET. and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights. Notwithstanding the provision of Section 177. but were sharing the files as well. a complaint for “Infringement and/or unfair competition with damages” against private respondents. To constitute infringement. Notes When is there a substantial reproduction of a book? It does not necessarily require that the entire copyrighted work. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. if not all together a copy of Habana’s book. and he copied at his peril. which is a case of plagiarism and copyright infringement. July 19. Napster’s space-shifting argument did not hold. The court decided that the defendants had the ability to prevent infringement from taking place. be copied. and distribution. where the reproduction is made by a natural person exclusively for The court also examined Napster’s fair use claims using the four fair use factors: purpose and character of the use. She circulated the book DEP for commercial use and did not acknowledge Habana as her source. Also. Reproduction of Published Work. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. the amount of matter copied from the copyrighted work is an important consideration. protected by law. that is sufficient in point of law to constitute piracy. . (c) Work of Architecture Sec. which is a synonymous term in this connection.UNIVERSITY OF SAN CARLOS 185. consists in the doing by any person. A&M saw the potential negative impact of this service to their sales. Here. the court rejected Napster’s request for a compulsory license. and permissive distribution. did not know whether or not he was infringing any copyright. Work of Architecture. The appellate court found that “Napster users infringe at least two of the copyright holders’ exclusive rights: the rights of reproduction. because the users were not just simply converting their media between formats for storage. or even a large portion of it. and thus filed copyright suit against Napster. Piracy A copy of a piracy is an infringement of the original.187. The U. Habana then made demands for damages against respondents and also demanded that they cease and desist from further selling and distributing to the general public the infringed copies of Robles’ works. effect of use on the market. including quotations from newspaper articles and periodicals in the form of press summaries are allowed provided that the source and the name of the author. However. No decision was made on the argument of permissive reproduction. .2 Section 187. This is precisely what the law on copyright protected. citing that such a device would provide Napster with an “easy out” while seemingly punishing the copyright holders. it is not necessary that the whole or even a large portion of the work shall have been copied. and subject to the provisions of Subsection 187. users were violating the plaintiff’s right to reproduction and by downloading files containing copyrighted music were violating their right to distribution. Decision) Facts Napster was a web-based company for the purpose of providing a platform for users to exchange digital music with other users.S. After an itemized examination and comparison of the two books (CET and DEP). perform. Robles G. Issues Whether or not Napster violated one of the exclusive copyright of A&M? Held Whether or not it constitutes fair use? No. and thus has the duty to do so. distribute. their users had to be directly infringing on A&M’s copyrights. hence. and it is no defense that the pirate. § 106(3). vs. the private reproduction of a published work in a single copy. Finally. District Court ruled in favor of A&M and issued an injunction by which Napster should further refrain from providing their service. because the “samples” were in fact permanent and complete files on the users’ hard drives. No. without the consent of the owner of the copyright. despite the apparent textual. or the labors of the original author are substantially and to an injurious extent appropriated by another. § 106(1). Hence. in which the government would force the copyright holders to grant use to Napster potentially in exchange for royalties.” The courts deduced that by uploading files to the Napster search index. illustrations and illustrative examples in their own book. In copyrighting books the purpose is to give protection to the intellectual product of an author. and. because the plaintiffs did not challenge this use. portion used. 187. Habana found that several pages of the Robles’ book are similar. copying alone is not what is prohibited. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP). A&M alleged that Napster was a contributor to the copyright infringements against their company. Makati. A&M Records Inc. (n) (d) Reproduction of Published Work Sec.R. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.1 (b). of anything the sole right to do which is conferred by statute on the owner of the copyright.

187. within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit. P. . Copies imported as allowed by this Section may not lawfully be used in any way to violate the rights of owner the copyright or annul or limit the protection secured by this Act. when this is considered expedient. 192.6. and (e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author. P. If. for which the computer program has been obtained. a computer program. (Sec. 49a) Rommel A. . 27. tome or part is out of stock: Provided. the importation of a copy of a work by an individual for his personal purposes shall be permitted without the authorization of the author of. 188. Only the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library.D. The permission granted under Subsection 187. (b) An entire book. (b) Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them. This provision shall be without prejudice to the application of Section 185 whenever appropriate. 189. 13. and the year of its first publication.1. any library or archive whose activities are not for profit may. Notwithstanding the provisions of Section 177. Reprographic Reproduction by Libraries. by law. the Commissioner of Customs is hereby empowered to make rules and regulations for preventing the importation of articles the importation of which is prohibited under this Section and under treaties and conventions to which the Philippines may be a party and for seizing and condemning and disposing of the same in case they are discovered after they have been imported. (Sec. but subject to the limitation under the Subsection 185.1. (d) A computer program except as provided in Section 189. (Sec.2. or educational society or institution duly incorporated or registered. 49a) (f) Reproduction of Computer Program Sec.189. P. to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock.D. without the authorization of the author of. Notwithstanding the above provisions.1. No. That the copy or adaptation is necessary for: (a) The use of the computer program in conjunction with a computer for the purpose. 227.Each copy of a work published or offered for sale may contain a notice bearing the name of the copyright owner. when special reasons so require. and. without the authorization of the author of copyright owner. it shall not be permissible to produce a volume of a work published in several volumes or to produce missing tomes or pages of magazines or similar works. No. a copy which has been lost. 172. Notice of Copyright. the work under the following circumstances: (a) When copies of the work are not available in the Philippines and: (i) Not more than one (1) copy at one time is imported for strictly individual use only. P. and to the extent. shall be entitled. and (c) Where the making of such a copy is in order to preserve and. for the replacement of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lost. That every library which. destroyed or rendered unusable and copies are not available with the publisher. by the lawful owner of that computer program: Provided. the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to the National Library and the Supreme Court Library the amount of the retail price of the best edition of the work. university. 190.2. 191. in copies produced after the creator's death.2 and 172. or (iii) The importation. and. A certificate of deposit shall be issued for which the prescribed fee shall be collected and the copyright owner shall be exempt from making additional deposit of the works with the National Library and the Supreme Court Library under other laws. make a single copy of the work by reprographic reproduction: (a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original form. 190. there shall. to persons requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them. in the permanent collection of another similar library or archive. if necessary in the event that it is lost. Importation for Personal Purposes.After the first public dissemination of performance by authority of the copyright owner of a work falling under Subsections 172.2. or for any state school. 190 Section 190.1. or other owner of copyright in. by personal delivery or by registered mail two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe.1 shall not extend to the reproduction of: (a) A work of architecture in the form of building or other construction. (n) (e) Reprographic Reproduction by Libraries Sec. Notwithstanding the provision of Subsection 177. or to replace. 189. the year of such death. 49a) Section 192. is entitled to receive copies of a printed work. destroyed or rendered unusable.D. .3. 189 Section 189. 26. college. the required copies or reproductions are not delivered and the fee is not paid. or other owner of copyright in. be registered and deposited with it. (b) When such copies form parts of libraries and personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale: Provided. or free public library in the Philippines. (c) A compilation of data and other materials.6. No. and any such copy or adaptation shall be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful.UNIVERSITY OF SAN CARLOS research and private study. without the authorization of the owner of copyright in the work. and such unlawful use shall be deemed an infringement and shall be punishable as such without prejudice to the proprietor's right of action. and (b) Archival purposes. unless the volume. consisting of not more than three (3) such copies or likenesses in any one invoice. or (ii) The importation is by authority of and for the use of the Philippine Government. Subject to the approval of the Secretary of Finance. Notwithstanding the provisions of Subsection 177. Registration and Deposit with National Library and the Supreme Court Library. or a substantial part thereof. the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted. for the purpose of completing the records of the National Library and the Supreme Court Library. 30. . or is for the encouragement of the fine arts. .D.3 of this Act.188.2. 49) (9) Registration and Deposit with National Library and Supreme Court Library Sec. 228 CHAPTER IX DEPOSIT AND NOTICE Section 191. Tio Page 14 of 21 Intellectual Property Law . destroyed or rendered unusable.3. charitable. (n) (g) Importation for Personal Purposes Sec. (Sec. That such copies do not exceed three (3). replace a copy. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones determined in this Section. or of a musical work in graphic form by reprographic means. within three (3) weeks. 188 Section 188. shall be permitted. is not for sale but for the use only of any religious. Reproduction of Computer Program.2.190.

be indicated in a prominent way on the copies. No. 49) (12) Rights of Performers. No. Ownership of Deposit and Instruments.2. . subsequent to the first disposition thereof by the author. . he may be held liable for damages for breach of such contract. In default of such person or persons. such fees as may be promulgated by it from time to time subject to the approval of the Department Head. 62. but no such waiver shall be valid where its effects is to permit another: 195. 60. and in default of the heirs. Sale or Lease of Work. (Sec. (Sec. partnership. P. 49a) (10) Moral Rights (a) Scope of Moral Rights Sec. Contribution to Collective Work. 49) (c) Waiver of Moral Rights Sec. 58. 49) Section 201.D. 194 Section 194. P D No. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. P.The author of a work shall. To use the name of the author. mutilation or other modification of.D.1.An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. and 193. Waiver of Moral Rights. 193.D. the right that his name. 49) (11) Rights to Proceed in Subsequent Transfers (a) Sale or Lease of Work Sec. The National Library shall have the power to collect. To make any alterations of his work prior to. To use the name of the author with respect to a work he did not create. 195 Rommel A.2. have the right: Note: Economic Rights is independent for Moral Rights 193. P. 226 Section 198. . 49) Section 226. . 193. 49) Notes: Right to Right to Right to Right to attribution or paternity right alteration on non publication preservation of integrity be indentified with work of others with distorted work Transfer or Licensing are different. and in default of the heirs.198. Fees.D. association. Works Not Covered. 49) Section 199. No. works of applied art. 49) (e) Term of Moral Rights Sec. 35. Tio Page 15 of 21 Intellectual Property Law .UNIVERSITY OF SAN CARLOS Section 195.No damages may be recovered under this Act after four (4) years from the time the cause of action arose.2.D. Damages. Scope of Moral Rights. No. No. No. P. No. the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of five percent (5%). 199. 39. or the title of his work. .3. 198. 33. Breach of Contract. or society. P.202. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work. Enforcement Remedies. (Sec. The Director of the National Library is empowered to issue such safeguards and regulations as may be necessary to implement this Section and other provisions of this Act. 31.1. Producers of Sound Recordings and Broadcasting Organizations (a) Definitions Sec. P. Copyright Division. 193 CHAPTER X MORAL RIGHTS Section 193. 8 CHAPTER XII Note: The value of the notice of copyright is enforcing your copyright in infringement case CHAPTER XX MISCELLANEOUS PROVISIONS Section 227. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. Any damage recovered after the creator's death shall be held in trust for and remitted to his heirs. 198. Public Records. for the discharge of its services under this Act.D. 40. etchings. No.D. (Sec. 202. (Sec. In addition. 61. (Sec. corporation. This right shall exist during the lifetime of the author and for fifty (50) years after his death. P.4.The section or division of the National Library and the Supreme Court Library charged with receiving copies and instruments deposited and with keeping records required under this Act and everything in it shall be opened to public inspection. (Sec. To require that the authorship of the works be attributed to him.D. However. P. . .All copies deposited and instruments in writing filed with the National Library and the Supreme Court Library in accordance with the provisions of this Act shall become the property of the Government. No. P. P. 200.Violation of any of the rights conferred by this Chapter shall entitle those charged with their enforcement to the same rights and remedies available to a copyright owner. shall belong to the government. For purposes of this Section. (Sec. P. . The rights of an author under this chapter shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license. (b) Breach of Contract Sec. Term of Moral Rights. such enforcement shall devolve upon either the author's heirs. his work which would be prejudicial to his honor or reputation. 37.D. . damages which may be availed of under the Civil Code may also be recovered. "Person" shall mean any individual. 49) (d) Contribution to Collective Work Sec. as far as practicable.In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer.The provisions of this Chapter shall not apply to prints. 201 Section 200. . 196 Section 196. (Sec. or otherwise to make use of his reputation with respect to any version or adaptation of his work which. 49) Section 229. (Sec.The Copyright Section of the National Library shall be classified as a Division upon the effectivity of this Act.When an author contributes to a collective work. . would substantially tend to injure the literary or artistic reputation of another author. or 195. and in connection with the public use of his work.1. his right to have his contribution attributed to him is deemed waived unless he expressly reserves it.D. No.D. or other derogatory action in relation to. independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right. in particular. To object to any distortion. or to withhold it from publication. 34. (Sec. . (Sec.An author may waive his rights mentioned in Section 193 by a written instrument. or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions. 49) Section 228. because of alterations therein. engravings. 36. the Director of the National Library.

with the consent of the right holder: Provided. susceptible of being made audible. Moral Rights of Performers. the government.D. (n) (f) Contract Terms Sec. susceptible of being made visible and.1. . "Broadcasting" means the transmission by wireless means for the public reception of sounds or of images or of representations thereof. 202.For the purpose of this Act. by his heirs. 46. An "audiovisual work or fixation" is a work that consists of a series of related images which impart the impression of motion. have the right to claim to be identified as the performer of his performances. in any manner or form.5. "Publication of a fixed performance or a sound recording" means the offering of copies of the fixed performance or the sound recording to the public. musicians. 205. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings. As regards their performances. 205. 42. "communication to the public" includes making the sounds or representations of sounds fixed in a sound recording audible to the public. P. 205. 202. by any medium. No. 204. . the performer shall be entitled to an additional remuneration equivalent to at least five percent (5%) of the original compensation he or she received for the first communication or broadcast. . or otherwise perform literary and artistic work. dancers. in such a way that members of the public may access them from a place and time individually chosen by them.4. (Sec. 208. Definitions. and in default of heirs. even after distribution of them by. and 208. 203. interpret.D. No. such transmission by satellite is also "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent. and (b) The fixation of their unfixed performance. 203. PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING ORGANIZATIONS Section 202.205. The right to authorize the direct or indirect reproduction of their sound recordings.204. or pursuant to the authorization by the performer. Scope of Right.Unless otherwise provided in the contract. or representation of sound. (n) (e) Additional Remuneration for Subsequent Communications or Broadcasts Sec. play in. the placing of these reproductions in the market and the right of rental or lending.3. the right of authorizing: (a) The broadcasting and other communication to the public of their performance. .Subject to the provisions of Section 212. sing. Independently of a performer's economic rights. .2.2.1 shall be maintained and exercised fifty (50) years after his death. "Sound recording" means the fixation of the sounds of a performance or of other sounds. with or without accompanying sounds.3. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings. the performer. or the legal entity. in every communication to the public or broadcast of a performance subsequent to the first communication or broadcast thereof by the broadcasting organization. 202. The rights granted to a performer in accordance with Subsection 203.1.Nothing in this Chapter shall be construed to deprive performers of the right to agree by contracts on terms and conditions more favorable for them in respect of any use of their performance. 204. (n) (g) Scope of Right on Sound Recordings Sec. where protection is claimed. (b) Scope of Performers’ Rights Sec. and other persons who act. Additional Remuneration for Subsequent Communications or Broadcasts. No. 5. the provisions of Sections 203 shall have no further application. Scope of Performers' Rights. "Performers" are actors.Subject to the provisions of Section 212. mutilation or other modification of his performances that would be prejudicial to his reputation. 202. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers.3.UNIVERSITY OF SAN CARLOS RIGHTS OF PERFORMERS. otherwise than by broadcasting. and 202. by wire or wireless means. and 203.9 "Communication to the public of a performance or a sound recording" means the transmission to the public. of sounds of a performance or the representations of sounds fixed in a sound recording.2. shall. For purposes of Section 209. 202. 43. 49a) (c) Moral Rights of Performers Sec. 49a) Rommel A.D. reproduced or communicated through a device. Subject to the provisions of Section 206. 49) (d) Limitation on Performers’ Rights Sec. Tio Page 16 of 21 Intellectual Property Law .2. 203. 206 Section 206. Subject to the provisions of Section 206. or the representation of sounds. singers. 204. other than in the form of a fixation incorporated in a cinematographic or other audiovisual work. 208. The right of authorizing the making available to the public of their performances fixed in sound recordings. 210 CHAPTER XIII PRODUCERS OF SOUND RECORDINGS Section 208. from which they can be perceived.7.1. "Producer of a sound recording" means the person.2. The right to authorize the first public distribution of the original and copies of their sound recordings through sale or rental or other forms of transferring ownership. P.1 Section 204. the right of authorizing the first public distribution of the original and copies of their performance fixed in the sound recording through sale or rental or other forms of transfer of ownership.2 Section 205. in any manner or form. Limitation on Right.1. and to object to any distortion. That copies are offered to the public in reasonable quality. P.6. the following terms shall have the following meanings: 202. "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage in broadcasting. performers shall enjoy the following exclusive rights: 203. producers of sound recordings shall enjoy the following exclusive rights: 208. (Sec. where accompanied by sounds. 202. . . "Fixation" means the embodiment of sounds. even after distribution by them by or pursuant to authorization by the producer. except where the omission is dictated by the manner of the use of the performance. Contract Terms. 202. declaim. The right to authorize the commercial rental to the public of the original and copies of their sound recordings. (Sec. 207 Section 207.1. as regards his live aural performances or performances fixed in sound recordings. once the performer has authorized the broadcasting or fixation of his performance. 203 Section 203.8.4. or of the representations thereof. who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds.

negotiations ensued between the parties in an effort to reach a settlement. and IBC Channel 13. 49a) ABS-CBN vs. ABC Channel 5. 19. otherwise known as the 1961 Rome Convention.D. it buys the channels from content providers and transmits on an as-is basis to its viewers. P. and 212. The rebroadcasting of their broadcasts. and by satellite to provincial stations through Channel 2 on Very High Frequency (VHF) and Channel 23 on Ultra High Frequency (UHF). it does not pass itself off as the origin or author of such programs. No. PMSI was granted a legislative franchise under Republic Act No. 1998 and was given a Provisional Authority by the National Telecommunications Commission (NTC) on February 1.D.4. However.7 of the IP Code defines broadcasting as “the transmission by wireless means for the public reception of sounds or of images or of representations thereof. Likewise. Inc. (13) Term of Protection in General (a) Term of Protection Sec. the Bureau of Legal Affairs (BLA) of the IPO granted ABS-CBN’s application for a temporary restraining order. 2009 Facts ABS-CBN Broadcasting Corporation (ABS-CBN) is licensed under the laws of the Republic of the Philippines to engage in television and radio broadcasting. 2002. 2002. a single equitable remuneration for the performer or performers. (Sec.2. No. 47. . 2001.D. the copyright in works under Sections 172 Rommel A. The use by a natural person exclusively for his own personal purposes. or determine the programs to be shown in Channels 2 and 23. broadcasting organizations shall enjoy the exclusive right to carry out. When it commenced operations. Issues (1) Whether or not PMSI’s unauthorized rebroadcasting of Channels 2 and 23 is an infringement of its broadcasting rights and copyright under the Intellectual Property Code? (2) Whether or not Memorandum Circular No. rebroadcasting as defined in Article 3(g) of the International Convention for the Protection of Performers.If a sound recording published for commercial purposes. On April 27. PMSI Argument Broadcasting Channels 1 & 23 is subject to the must-carry rule under Memorandum Circular No. or a reproduction of such sound recording. is used directly for broadcasting or for other communication to the public. The use of such records for fresh transmissions or for fresh recording. . 212 CHAPTER XV LIMITATIONS ON PROTECTION Section 212. who. 44. however. thus. P. PMSI suspended its retransmission of Channels 2 and 23. PMSI does not perform the functions of a broadcasting organization. Use solely for the purpose of teaching or for scientific research. Section 202. 2001.5. No. 2002 by ABS-CBN allegedly due to PMSI’s inability to ensure the prevention of illegal retransmission and further rebroadcast of its signals. Term of Protection. 175769-70. authorize or prevent any of the following acts: 211. or is publicly performed with the intention of making and enhancing profit. RPN Channel 9. PMSI merely carries such signals which the viewers receive in its unaltered form.2 of which requires all cable television system operators operating in a community within Grade “A” or “B” contours to carry the television signals of the authorized television broadcast stations. 49a) (h) Communication to the Public on Sound Recordings Sec. . Section 6. 2000 to install. Channel 4.Sections 184 and 185 shall apply mutatis mutandis to the producer of sound recordings. (Sec. The programs aired over Channels 2 and 23 are either produced by ABS-CBN or purchased from or licensed by other producers. Subject to the provisions of Subsections 213. together with other paid premium program channels. 52. 04-08-88 excludes DTH satellite television operators? Held PMSI did not infringe on ABS-CBN’s intellectual property rights under the IP Code. The recording in any manner. and the producer of the sound recording shall be paid by the user to both the performers and the producer. No. ABS-CBN also owns regional television stations which pattern their programming in accordance with perceived demands of the region. 49) (j) Limitations on Rights Sec. It delivers digital direct-to-home (DTH) television via satellite to its subscribers all over the Philippines. NBN. P. is “the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.3. with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction. 211 CHAPTER XIV BROADCASTING ORGANIZATIONS Section 211. (Sec. Limitation of Right. On July 12. 04-08-88. of which the Republic of the Philippines is a signatory. as well as the adverse effect of the rebroadcasts on the business operations of its regional television stations. and 211.3.”.UNIVERSITY OF SAN CARLOS Section 210.” PMSI would not qualify as a broadcasting organization because it does not have the aforementioned responsibilities imposed upon broadcasting organizations. Thus. With regard to its premium channels. It alleged that PMSI’s unauthorized rebroadcasting of Channels 2 and 23 infringed on its broadcasting rights and copyright. on April 25. Fair use of the broadcast subject to the conditions under Section 185.1. Phil. 208 and 209 shall not apply where the acts referred to in those Sections are related to: 212. it cannot be said that it is engaged in rebroadcasting Channels 2 and 23. of their broadcasts for the purpose of communication to the public of television broadcasts of the same. Producers of Phonograms and Broadcasting Organizations. PMSI merely retransmits the same in accordance with Memorandum Circular 04-08-88. including the making of films or the use of video tape. On July 2. it offered as part of its program line-up ABS-CBN Channels 2 and 23. G. television programs shown in Metro Manila and nearby provinces are not necessarily shown in other provinces. It broadcasts television programs by wireless means to Metro Manila and nearby provinces. Limitations on Rights. P. (PMSI) is the operator of Dream Broadcasting System. The retransmission of ABS-CBN’s signals by PMSI – which functions essentially as a cable television – does not therefore constitute rebroadcasting in violation of the former’s intellectual property rights under the IP Code. GMA Channel 7. 209 Section 209.Subject to the provisions of Section 212. Tio Page 17 of 21 Intellectual Property Law .D.1.213. operate and maintain a nationwide DTH satellite service. Philippine Multi-Media System.2 to 213. No. Clearly. PMSI replied that the rebroadcasting was in accordance with the authority granted it by NTC and its obligation under NTC Memorandum Circular No. Using short excerpts for reporting current events. ABS-CBN demanded for PMSI to cease and desist from rebroadcasting Channels 2 and 23. Insofar as Channels 2 and 23 are concerned. 49a) (i) Scope of Right of Broadcasting Organizations Sec.2. . Communication to the Public. (Sec. 211. 2002. such as ABS-CBN. 212. On May 13. 212. Scope of Right.” On the other hand. in the absence of any agreement shall share equally. select. 48. the negotiations were terminated on April 4.1. ABS-CBN filed with the IPO a complaint for “Violation of Laws Involving Property Rights. such transmission by satellite is also ‘broadcasting’ where the means for decrypting are provided to the public by the broadcasting organization or with its consent. 213 Section 213. PMSI does not produce. Jan. 86305 on May 7.Sections 203. Multi-Media System Inc.R. 4-08-88. ABS-CBN creates and transmits its own signals. . Thereafter.

and (b) For sound or image and sound recordings and for performances incorporated therein. and paraphernalia based on the search warrant applied by Microsoft. The elements of unfair competition under Article 189(1)43 of the Revised Penal Code are: Section 215. owns the copyright and trademark to several computer software. In case of audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings. through its Philippine agent. P.C. if unpublished.) INC. The PCS employee and the NBI agent were not given the Microsoft end-user license agreements.5 213. Inc. In May 1993. fifty (50) years from the end of the year in which the performance took place. P. second sentence. No. 213. therefore. (Sec." The NBI searched the premises of Beltron and TMTC and seized several computer-related hardware.M. Microsoft also sought the assistance of the National Bureau of Investigation ("NBI"). (Sec. Based on the articles obtained from Beltron and TMC. Consequently. bought computer hardware (central processing unit ("CPU") and computer monitor) and software (12 computer disks ("CDs") in read-only memory ("ROM") format) from Beltron. The 12 CD-ROMs. Tio Page 18 of 21 Intellectual Property Law .1 and MS-DOS software. P. . a copyright owner is vested with the exclusive right to "copy. 49) (iii) Works of Applied Art Sec.D. 215. 213.1. The CPU contained pre-installed Microsoft Windows 3. (Sec. fifty (50) years from the making. but such terms shall always be deemed to begin on the first day of January of the year following the event which gave rise to them. Hence. Microsoft. first sentence. That such works if not published before shall be protected for fifty (50) years counted from the making of the work. the provisions of Subsections 213. P. At least two of the CD-ROMs were "installers. No.6. P. as amended. 214 Section 214.3.The term of protection subsequent to the death of the author provided in the preceding Section shall run from the date of his death or of publication. multiply. Significantly. On 10 November 1995." so-called because they contain several software (Microsoft only or both Microsoft and nonMicrosoft). No. Producers and Microsoft Corp. 21. No. Microsoft and Beltron entered into a Licensing Agreement ("Agreement"). No. the author's identity is revealed or is no longer in doubt. software. for a fee.2 213. P.D. which is a synonymous term in this connection. 49a) (14) Infringement (a) How committed Rommel A. before the expiration of the said period. and infringement of copyright.3 213. as amended in January 1994. 49a) (iv) Photographic Works Sec. Microsoft and a certain Lotus Development Corporation ("Lotus Corporation") charged Beltron and TMC before the Department of Justice ("DOJ") with copyright infringement under Section 5(A) in relation to Section 29 of Presidential Decree No. fifty (50) years from the end of the year in which the recording took place. 213. 23. Term of Protection for Performers. Producers and Broadcasting Organizations. This rule also applies to posthumous works. 55.1. ("TMTC") are domestic corporations. Microsoft authorized Beltron. 213.2 shall apply. Afterwards. ("PD 49") and with unfair competition under Article 189(1) of the Revised Penal Code. 21. BELTRON COMPUTER. Inc. user’s manuals.2. That where.2 for Performers.6 213. protected by law. hired the services of Pinkerton Consulting Services ("PCS"). Issues Whether or not Beltron and TMC are liable for copyright infringement and unfair competition? Held The gravamen of copyright infringement is not merely the unauthorized "manufacturing" of intellectual works but rather the unauthorized performance of any of the acts covered by Section 5. United States corporation. Under Section 2(a) of the Agreement.5. ("Beltron") and Taiwan Machinery Display & Trade Center. P. distribute. 49a) (v)Audio-visual Works Sec. In case of broadcasts.T. Calculation of Term. if unpublished. a Delaware. (Sec. a private investigative firm.D. (Sec. encased in plastic containers with Microsoft packaging. to: (1) reproduce and install no more than one (1) copy of Microsoft software on each Customer System hard disk or Read Only Memory ("ROM") (2) distribute directly or indirectly and license copies of the Product in object code form to end users The Agreement also authorized Microsoft and Beltron to terminate the contract if the other fails to comply with any of the Agreement’s provisions. 213. from the date of making. Beltron Computer Philippines. as the case may be: Provided. 24(C). 25. Hwang G. or piracy. In case of works of applied art the protection shall be for a period of twenty-five (25) years from the date of making. accessories. the term shall be fifty (50) years from date of publication and.D.D. 49. 49a) (i) Joint Authorship Sec. a PCS employee and an NBI agent posing as representatives of a computer shop. 49) (b) Term of Protection Broadcasting Organizations Sec. The receipt issued to them for the CPU and monitor bore the heading "T. of anything the sole right to do which is conferred by statute on the owner of the copyright. [and] sell" his intellectual works. 215. No. consists in the doing by any person. 24(C). 215. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. Microsoft learned that Beltron were illegally copying and selling Microsoft software. also contained Microsoft software. the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. No. (Sec. 49) (ii) Anonymous or Pseudonymous Works Sec. vs.D. the term shall be twenty (20) years from the date the broadcast took place. (Sec.D. The extended term shall be applied only to old works with subsisting protection under the prior law.UNIVERSITY OF SAN CARLOS and 173 shall be protected during the life of the author and for fifty (50) years after his death. (Sec. the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published: Provided. In case of anonymous or pseudonymous works. 2005 Facts Microsoft Corporation ("Microsoft"). 49a) (vi) Calculation of Terms Sec. any person who performs any of the acts under Section 5 without obtaining the copyright owner’s prior consent renders himself civilly and criminally liable for copyright infringement. 24(B). and 213. registration cards or certificates of authenticity for the articles they purchased. 147043. Microsoft alleged that respondents illegally copied and sold Microsoft software. further. under Section 5(A). In case of photographic works.D. without the consent of the owner of the copyright.215. 4 213. the protection shall be for fifty (50) years from publication of the work and. . No. and.2. Microsoft terminated the Agreement effective 22 June 1995 for Beltron’s non-payment of royalties. June 21. P. In case of works of joint authorship.4. The rights granted to performers and producers of sound recordings under this law shall expire: (a) For performances not incorporated in recordings.R. (PHILS.

(b) Remedies for Infringement Sec. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP). Habana found that several pages of the Robles’ book are similar. (c) Deliver under oath. the injury consists in that Robles lifted from Habana’s book materials that were the result of the latter’s research work and compilation and misrepresented them as her own. Issues Whether or not Maxicorp committed copyright infringement and unfair competition? Held Copyright infringement and unfair competition are not limited to the act of selling counterfeit goods. and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims.000) to One hundred fifty thousand pesos (P150. (d) In all cases.1 (b). Hence. Columbia Pictures Inc. or in (4) any other feature of their appearance (c) That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose[. Remedies for Infringement. filed with the Regional Trial Court. 217. including legal costs and other expenses. The copying must produce an “injurious effect”. (b) That the general appearance is shown in the (1) goods themselves. a complaint for “Infringement and/or unfair competition with damages” against private respondents. 49a) Habana vs. Robles still committed copyright infringement. Maxicorp Inc 438 SCRA 224 Facts Microsoft sued Maxicorp for copyright infringement and unfair competition for production. scheme of presentation. (e) Such other terms and conditions.216. Robles ignored the demands. as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement. They cover a whole range of acts. . sales invoices and other documents evidencing sales.1. In an infringement action. hence. supra Facts Issues Held (c) Criminal Penalties Sec. Robles 310 SCRA 522 (1999) Facts Habana is the author of the copyrighted book entitled College English for Today (CET). No. vs. Robles committed no copyright infringement? Held No. Microsoft Corp. under Section 184. (b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty thousand pesos (P150. Makati. 28. wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case. packaging to marketing. (c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five hundred thousand pesos (P500.000) for the third and subsequent offenses. Here. are mentioned. Habana then made demands for damages against respondents and also demanded that they cease and desist from further selling and distributing to the general public the infringed copies of Robles’ works. among others. despite the apparent textual. such damages which to the court shall appear to be just and shall not be regarded as penalty. Habana’s work as authors is the product of their long and assiduous research and for another to represent it as her own is injury enough. (Sec. assembling. or.500. Criminal Penalties. including the payment of moral and exemplary damages. subsidiary imprisonment in cases of insolvency. molds. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents. After an itemized examination and comparison of the two books (CET and DEP). 216. thematic and sequential similarity between DEP and CET. and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights. illustrations and illustrative examples in their own book. When Habana et al. She circulated the book DEP for commercial use and did not acknowledge Habana as her source. or in the (3) device or words therein. which the court may deem proper. immediately after customs clearance of such goods. (d) Deliver under oath for destruction without any compensation all infringing copies or devices. The court may also order the defendant to desist from an infringement. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. Any person infringing a right protected under this law shall be liable: (a) To an injunction restraining such infringement.217. . Microsoft alleged that they did not authorize Maxicorp for production or selling of their products. (b) Pay to the copyright proprietor or his assigns or heirs such actual damages. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. for impounding during the pendency of the action. in lieu of actual damages and profits. In cases of infringement. Issues Whether or not.000) to One million five hundred thousand pesos (P1. In copyrighting books the purpose is to give protection to the intellectual product of an author. to prevent the entry into the channels of commerce of imported goods that involve an infringement. vs.UNIVERSITY OF SAN CARLOS (a) That the offender gives his goods the general appearance of the goods of another manufacturer or dealer. Any person infringing any right secured by provisions of Part IV of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by: (a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50. including the mere offering for sale of the counterfeit goods.1.2 CHAPTER XVII INFRINGEMENT Section 216. 216. Habana et al. from copying. and] (d) That there is actual intent to deceive the public or defraud a competitor. However. or in the (2) wrapping of their packages. Rommel A. there is a clear case of appropriation of copyrighted work for her benefit that Robles committed.3 Section 217. as well as all plates.000) for the first offense. including quotations from newspaper articles and periodicals in the form of press summaries are allowed provided that the source and the name of the author.D. the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings.000) for the second offense. P. 216. Tio Page 19 of 21 Intellectual Property Law . This is precisely what the law on copyright protected. all articles and their packaging alleged to infringe a copyright and implements for making them. CA. 217.2. copying alone is not what is prohibited. installing and selling of counterfeit Microsoft’s products. or other means for making such infringing copies as the court may order. if not all together a copy of Habana’s book.000) to Five hundred thousand pesos (P500. if appearing on the work. which is a case of plagiarism and copyright infringement. upon such terms and conditions as the court may prescribe.

March 7. the court may direct that any costs to the defendant in respect of the action shall not be allowed by him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties. Issues Whether or not Bayanihan as assignee of the copyrights over the musical compositions in question has a clear legal right to a writ of preliminary injunction? No. otherwise known as the Intellectual Property Code. (Sec..2. Three years after the parties entered into a similar contract over Chan's other musical composition entitled "Afraid For Love To Fade". . (2) there is no clear showing that petitioner Bayanihan would be greatly damaged by the refusal of the prayed for TRO and/or preliminary injunction. (2) the contracts he entered into with Bayanihan are mere music publication agreements giving Bayanihan.UNIVERSITY OF SAN CARLOS 217.R. and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright. Bayanihan filed a against Chan and BMG for violation of Section 216 of Republic Act No. thereby rendering moot Bayanihan's prayer for TRO and/or preliminary injunction. or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work. 8293. Tio Page 20 of 21 Intellectual Property Law . In an action under this Chapter. to be an infringing copy of the work for the purpose of: (a) Selling. (n) (e) Presumption of Authorship Sec. and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof. 49a) Section 10. or (c) Trade exhibit of the article in public. No. Bayanihan informed Chan and BMG of its existing copyrights over the subject musical compositions and the alleged violation of such right by the two. Bayanihan has no right for right for injunction over the subject musical compositions. conformably with Republic Act No. (b) Distributing the article for purpose of trade. (n) Bayanihan Music Phils.Apparently. in the absence of proof to the contrary. hence. (b) He or the person named therein is the owner of the copyright. otherwise known as the Intellectual Property Code of the Philippines. BMG Arguments: (1) the acts of recording and publication sought to be enjoined had already been consummated. the trial court threaded the correct path in denying petitioner's prayer therefor. letting for hire. where the pseudonym leaves no doubt as to the identity of the author. Affidavit Evidence. No. 218. Hence.2 of which reads: Held Rommel A. enjoining respondent BMG from further recording and distributing the subject musical compositions in whatever form of musical products. be presumed to be the maker of said work. thereby occasioning unnecessary costs or delay in the proceedings. This provision shall be applicable even if the name is a pseudonym. 219. an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that: (a) At the time specified therein.2.3. be presumed to be the author of the work. 29. (3) he was not cognizant of the application made by and the subsequent grant of copyrights to Bayanihan. and (b) Where the subsistence of the copyright is established. is protected by the mere fact alone that he is the creator thereof. (4) Bayanihan was remissed in its obligations under the contracts because it failed to effectively advertise his musical compositions for almost twenty (20) years. the article. 2005 Facts Jose Mari Chan (Chan) entered into a contract with Bayanihan Music Philippines. P.1. Bayanihan applied for and was granted by the National Library a Certificate of Copyright Registration for each of the two musical compositions. 217. interests and participation over his musical composition "Can We Just Stop and Talk A While".2 Section 219. 218. (Bayanihan). 219. The person or body corporate whose name appears on a audiovisual work in the usual manner shall. shall be admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved. the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement. and Chan from further granting any authority to record and distribute the same musical compositions. . The natural person whose name is indicated on a work in the usual manner as the author shall. he caused the rescission of said contracts in 1997.219. in the absence of proof to the contrary. Presumption of Authorship.2.1. On the strength of the abovementioned contracts. (2) the act against which the injunction is to be directed is a violation of such right.D. without good faith. or the ownership of copyright in such work or subject matter. copyright subsisted in the work or other subject matter. (c) Where the defendant. 8293. Inc. Chan Arguments: (1) it was never his intention to divest himself of all his rights and interest over the musical compositions in question. Inc. 166337. without the knowledge and consent of petitioner Bayanihan. or by way of trade offering or exposing for sale. vs. Chan authorized BMG Records (BMG) to record and distribute the aforementioned musical compositions in a then recently released album of singer Lea Salonga. 218.2 (d) Affidavit Evidence Sec. In determining the number of years of imprisonment and the amount of fine. Section 172. However no settlement was reached by the parties. or ought to know. In an action under this Chapter: (a) Copyright shall be presumed to subsist in the work or other subject matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject matter. Chan.218. the composer and author of the lyrics of the two (2) songs. 219. Any person who at the time when copyright subsists in a work has in his possession an article which he knows. with a prayer for the issuance of Temporary Restraining Order (TRO) and/or writ of preliminary injunction.2 Section 218. The issuance of an injunctive writ if the following requisites provided for by law are: (1) there must be a right in esse or the existence of a right to be protected. the plaintiff shall be presumed to be the owner of the copyright if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership. shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned. BMG Records G. or hire. Demands were made on both to settle the matter with Bayanihan. puts in issue the questions of whether copyright subsists in a work or other subject matter to which the action relates. as assignee. whereunder the former assigned to the latter all his rights. the power to administer his copyright over his two songs and to act as the exclusive publisher thereof.

August 15. Works are protected by the sole fact of their creation. as well as of their content. 222. The provisions of this Act on the protection of broadcasts shall apply to: (a) Broadcasts of broadcasting organizations the headquarters of which are situated in the Philippines. and to producers of sound recordings and broadcasting organizations which. vs.UNIVERSITY OF SAN CARLOS 172. because respondent Chan had put in issue the existence thereof. 224.2. 220. No. 148222.1. 222 Section 222.1 CHAPTER XVIII SCOPE OF APPLICATION Section 221.The provisions of this Act on the protection of performers shall apply to: 222. Points of Attachment for Sound Recordings.2 Section 224.224. 221. (f) International Registration of Works Sec. and (e) Works first published in another country but also published in the Philippines within thirty days. Sound recordings that were first published in the Philippines. are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. 221. International Registration of Works. Where the statement is contradicted by another statement recorded in the international register. irrespective of the nationality or residence of the authors. 224. (n) (15) Points of Attachment of Rights (a)For Literary and Artistic Works and Derivative Works Sec.2. the Philippines. The copyrights obtained by Bayanihan on the basis of the selfsame two (2) contracts. or (b) Are incorporated in sound recordings that are protected under this Act. recorded in an international register in accordance with an international treaty to which the Philippines is or may become a party. quality and purpose. .2. and (b) Broadcasts transmitted from transmitters situated in the Philippines. or (c) Which has not been fixed in sound recording but are carried by broadcast qualifying for protection under this Act. The protection afforded by this Act to copyrightable works under Sections 172 and 173 shall apply to: (a) Works of authors who are nationals of. 224. . Tio Page 21 of 21 Intellectual Property Law . 223 Section 223. or have their habitual residence in.221. (c) Works of architecture erected in the Philippines or other artistic works incorporated in a building or other structure located in the Philippines. Shoemart Inc. . . (n) Pearl & Dean Inc. Points of Attachment for Performers. Performers who are nationals of the Philippines. The provisions of this Act shall also apply to works that are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party.1. Where the statement cannot be valid under this Act or any other law concerning intellectual property. (n) Rommel A. Points of Attachment for Broadcasts. Performers who are not nationals of the Philippines but whose performances: (a) Take place in the Philippines. suffice it to say 'that such purported copyrights are not presumed to subsist in accordance with Section 218[a] and [b]. 2003 Facts Issues Held (b) For Performers Sec.R.1.2. shall be construed as true until the contrary is proved except: 220. and 223. 221. (n) (c) Of Sound Recordings Sec. 220 Section 220. (n) (d) For Broadcast Sec.2. Points of Attachment for Works under Sections 172 and 173.The provisions of this Act on the protection of sound recordings shall apply to: 223. The provisions of this Act shall also apply to performers who.1. Sound recordings the producers of which are nationals of the Philippines. (b) Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines.1. . of the Intellectual Property Code.2. G. irrespective of their mode or form of expression.A statement concerning a work. (d) Works first published in the Philippines.

Sign up to vote on this title
UsefulNot useful