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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
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
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
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
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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
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Intellectual Property Law
Nov. and (the attraction of) more investments into the country. (5) Intellectual Property Rights – Trademark.UNIVERSITY OF SAN CARLOS I. No. and Articles 188 and 189 of the Revised Penal Code.A. as amended are hereby repealed. 165.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. Notably. sued Samson for unfair competition in RTC. 118295. artists and other gifted citizens to their intellectual property and creations. Issues: Whether or not R. hereof shall be brought before the Court of First Instance. INTRODUCTION Facts: Issues: Held: Samson vs. attracts foreign investments. as amended. 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. 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. unfair competition. . CA G. It is also the policy of the State to streamline administrative procedures of registering patents. 8293? Held: No. EDSA corner Ortigas Avenue. as amended. 49. treaty or agreement relating to intellectual property rights or the repression of unfair competition.7 Section 27 of R. through the reduction of tariffs on its exports. Presidential Decree No. 166. which took effect on January 1. To this end. inventors.” and it would have simply stated “Republic Act No. otherwise. and where naturally.A. did then and there willfully. Republic Act No. the criminal penalty for infringement of registered marks. “CATERPILLAR & DESIGN”. 1998. 8293 intended to vest jurisdiction over violations of intellectual property rights with the Metropolitan Trial Courts. 27. 19. PD 49 and PD 285 were repealed.A. including Presidential Decree No. (Tanada vs." The President also saw in the WTO the opening of "new opportunities for the services sector . Quezon City. 166 was expressly repealed by R. trademarks and copyright. 285. clothing. May 2. No. (the reduction of) costs and uncertainty associated with exporting . Republic Act No. No. Declaration of State Policy. more particularly Republic Act No. are hereby repealed. particularly when beneficial to the people. . “CAT AND DESIGN”. 8293.A. Ramos in two letters to the Senate of improving "Philippine access to foreign markets. INC. . . 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. Presidential Decree No. owner/proprietor of ITTI Shoes/Mano Shoes Manufactuirng Corporation located at Robinson’s Galleria. false designation of origin and false description or representation. more particularly Republic Act No. is imprisonment from 2 to 5 years and a fine ranging from Fifty Thousand Pesos to Two Hundred Thousand Pesos. as amended. unlawfully and feloniously distribute. the offense is cognizable by the Municipal Trial Courts and not by the Regional Trial Court. weak and underdeveloped countries were at a disadvantage.R. Thus. No. particularly agricultural and industrial products. 2004 Facts: Samson. International Conventions and Reciprocity. No. Samson contended that since under Section 170 of R. G. 285. No. symbols and/or designs as would cause confusion. accessories and paraphernalia which are closely identical to and/or colorable imitations of the authentic Caterpillar products and likewise using trademarks. 239.A.A. No.1. bags. Tio Page 3 of 21 Intellectual Property Law . as amended. . shall be entitled to benefits to the extent necessary to give effect to any provision of such convention.A. R. including Presidential Decree No. or extends reciprocal rights to nationals of the Philippines by law. xxx Under Section 170 of R. 166.A.A. No. Samson filed a motion to for the quashal of information for lack of jurisdiction. Mirpuri vs. (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. No.A. No. Presidential Decree No. 8293. 166.” It would have removed all doubts that said specific laws had been rendered without force and effect. (4) Did RA 8293 repeal existing laws on intellectual property? NO. especially its major trading partners. 49. 8293. No. only inconsistent provisions or parts of RA 165.R. .A. 166 (The Trademark Law) SEC. 8293. 1999 SEC." Although the Chief Executive did not expressly mention it in his letter. July 21.1. the aforequoted clause did not expressly repeal R. R. Republic Act 8293 Section 239. 1997 The Philippines joined WTO as a founding member with the goal.The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. to liberalize the registration on the transfer of technology. and to enhance the enforcement of intellectual property rights in the Philippines. No. (n) (2) Importance of Adopting Laws protecting Intellectual Property Rights The use of intellectual property bears a social function.A. the prior adopter. Angara) Tañada vs. as amended. 8293. 285. the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. . sell and/or offer for sale CATERPILLAR products such as footwear. it would have expressly stated so under Section 163 thereof. including Presidential Decree No. to which the Philippines is also a party.. “WALKING MACHINES” and “TRACK-TYPE TRACTOR & DESIGN. for such periods as provided in this Act. as articulated by President Fidel V. 8293 Rommel A. (3) Philippine commitment to the GATT-TRIPS agreement Section 3. Daway G. . as amended. Jurisdiction of Court of First Instance. is consistent and in harmony with Section 163 of R. 7691. the penalty of imprisonment for unfair competition does not exceed six years. are hereby repealed. It shall protect and secure the exclusive rights of scientists. 49.1 All Acts and parts of Acts inconsistent herewith.R. 4. RA 166. Angara. per R. Nos.A. as amended. 165. Republic Act No. Had R. Heretofore. as amended. mistake or deception on the part of the buying public to the damage and prejudice of CATERPILLAR. – All actions under this Chapter [V – Infringement] and Chapters VI [Unfair Competition] and VII [False Designation of Origin and False Description or Representation]. Copyright and Patents Sec. facilitates transfer of technology.” Caterpillar Inc. and Articles 188 and 189 of the Revised Penal Code. and ensures market access for our products. 114508. No. it would not have used the phrases “parts of Acts” and “inconsistent herewith. (jurisdiction of Municipal Trial Courts) xxx Under Section 27 of of R. 165. – 239. as amended) Section 2. All Acts and parts of Acts inconsistent herewith. 8293 does not expressly repealed R. Repeals. garments.A. 166 in its entirety. 160054-55.A. “CAT”. 166. (1) Basis of the Intellectual Property Law (R. treaty or reciprocal law. user and owner of the following internationally: “CATERPILLAR”. however. No. 166.
the Copyright Act must be construed in light of this basic purpose. 151 Facts 20Th Century Music Corporation copyrighted songs were received on the radio in Aiken’s food shop from a local broadcasting station. It is subject to a state regulation that requires all telephone companies operating in Kansas to issue annually an updated telephone directory. Rural Television Services Company 499 U. moreover. To this end. consisting of white pages and yellow pages. Of the 11 telephone companies. let alone one with monopoly status. The most fundamental axiom of copyright law is that "no author may copyright his ideas or the facts he narrates. reflects a balance of competing claims upon the public interest: creative work is to be encouraged and rewarded.878 listings in Feist's 1983 directory were identical to listings in Rural's 1982-1983 white pages. "The sole interest of the United States and the primary object in conferring the monopoly. would authorize the sale of an untold number of licenses for what is basically a single rendition of a copyrighted work. Unable to license Rural's white pages listings. 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. however. To obtain white pages listings for its area-wide directory. music. noting in its brief that "facts and discoveries. The District Court granted awards. Such a ruling. Rural obtains subscriber information quite easily. the other. of course. Four of these were fictitious listings that Rural had inserted into its directory to detect copying. by this incentive. which was licensed by the American Society of Composers. There can be no valid copyright in facts is universally understood. f) Layout-Designs (Topographies) of Integrated Circuits. thus conflicting with the balanced purpose of the Copyright Act of assuring the composer an adequate return for the value of his composition while. Persons desiring telephone service must apply to Rural and provide their names and addresses. The Feist directory that is the subject of this litigation covers 11 different telephone service areas in 15 counties and contains 46.309 of the 46. like the limited copyright duration required by the Constitution. The yellow pages list Rural's business subscribers alphabetically by category and feature classified advertisements of various sizes.700 listings. To hold that Aiken "performed" the copyrighted works would obviously result in a wholly unenforceable regime of copyright law.1. rendering it less attractive to potential yellow pages advertisers.935 that remained. The white pages list in alphabetical order the names of Rural's subscribers. protecting the public from oppressive monopolies. 20th Century Music then sued Aikenfor copyright infringement. Tio Page 4 of 21 Intellectual Property Law . trademarks and copyright. Rural publishes a typical telephone directory. Issues: Held: The court rule that facts are not copyrightable. and therefore lacks independent access to any subscriber information.4. 340. Feist is not a telephone company. as a condition of its monopoly franchise. PRELIMINARY MATTERS (1) State Policy Declaration Sec. "[t]o perform the copyrighted work publicly for profit.S. but private motivation must ultimately serve the cause of promoting broad public availability of literature. "lie in the general benefits derived by the public from the labors of authors. but the Court of Appeals reversed. and would also be highly inequitable. Unlike a typical directory. Feist used them without Rural's consent. at the same time. e) Patents. that compilations of facts generally are. the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. 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. but earns revenue by selling yellow pages advertisements.UNIVERSITY OF SAN CARLOS is. The immediate effect of our copyright law is to secure a fair return for an "author's" creative labor. It shall protect and secure the exclusive rights of scientists. could not use the information contained in Rural's white pages. Inc.. 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. Rural then assigns them a telephone number. The use of intellectual property bears a social function. only Rural refused to license its listings to Feist. 8293 – Intellectual Property Law II. . and to enhance the enforcement of intellectual property rights in the Philippines. Declaration of State Policy. vs. Rural sued for copyright infringement in the District Court for the District of Kansas taking the position that Feist. in any event. These employees verified [p*344] the data reported by Rural and sought to obtain additional information. facilitates transfer of technology. The term "intellectual property rights" consists of: a) Copyright and Related Rights. and ensures market access for our products. are not themselves subject to copyright Whether or not Telephone directories are copyrightable or not? Facts: Section 4. 1991 Rural Telephone Service Company is a certified public utility that provides telephone service to several communities in northwest Kansas. and the other arts. unnecessary because the information copied was beyond the scope of copyright protection. Authors and Publishers to perform the songs. b) Trademarks and Service Marks. under the Copyright Act. But the ultimate aim Rommel A. Feist responded that such efforts were economically impractical and." Rural wisely concedes this point. particularly when beneficial to the people. Rural distributes its directory free of charge to its subscribers. Inc. to stimulate artistic creativity for the general public good.The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. . The limited scope of the copyright holder's statutory monopoly. d) Industrial Designs. in compiling its own directory. reducing the need to call directory assistance or consult multiple directories. (n) Twentieth Century Music Corp. As the sole provider of telephone service in its service area." since the radio reception did not constitute a "performance" of the copyrighted songs. most of Rural's listings do not. vs. Feist's area-wide directories cover a much larger geographical range. Feist began by removing several thousand listings that fell outside the geographic range of its area-wide directory. as omitting these listings would have left a gaping hole in its area-wide directory. since (short of keeping his radio turned off) one in Aiken's position would be unable to protect himself from infringement liability. Rural's refusal created a problem for Feist. Like Rural's directory. but Aiken had no such license. then hired personnel to investigate the 4. TRIPS). artists and other gifted citizens to their intellectual property and creations. c) Geographic Indications." When technological change has rendered its literal terms ambiguous. which covers only a particular calling area. Accordingly.S. Definitions. (6) Republic Act No.878 white pages listings -compared to Rural's approximately 7. As a result. 2 Section 2. and g) Protection of Undisclosed Information (n. Aiken 422 U. to liberalize the registration on the transfer of technology. Feist Publications. Feist and Rural compete vigorously for yellow pages advertising. for such periods as provided in this Act. Feist Publications. a typical Feist listing includes the individual's street address. Feist's is distributed free of charge and includes both white pages and yellow pages. is a publishing company that specializes in area-wide telephone directories. 1. attracts foreign investments. inventors. It is also the policy of the State to streamline administrative procedures of registering patents. Notwithstanding these additions." this Court has said. together with their towns and telephone numbers.
so long as they are made independently by the compiler and entail a minimal degree of creativity. (2) Effect on International Conventions and on Principle of Reciprocity Sec. See Harper Original.R. as it has been. that the Summerville should be enjoined from allegedly infringing on the copyrights and patents of the Kho. In relation thereto. Illustrative Example Census-takers do not "create" the population figures that emerge from their efforts. a trade name means the name or designation identifying or distinguishing an enterprise. meets the constitutional minimum for copyright protection if it features an original selection or arrangement. 3 & 231 Section 3. International Conventions and Reciprocity. and. "They may not be copyrighted and are part of the public domain available to every person. Census data therefore do not trigger copyright because these data are not "original" in the constitutional sense. Nov. The term "intellectual property rights" consists of: a) Copyright and Related Rights. copyrightable. and how to arrange the collected data so that they may be used effectively by readers. Neither work is novel. 4.Any condition. The distinction is one between creation and discovery: the first person to find and report a particular fact has not created the fact. Thus. prints. . The same is true of all facts -. CA G. it is only such as are original. 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. and the like. engravings. 19. Yet copyright law seems to contemplate that compilations that consist exclusively of facts are potentially within its scope. as the term is used in copyright. even a slight amount will suffice. shall reciprocally be enforceable upon nationals of said country. These choices as to selection and arrangement. On December 20.1. 114508. 2002 Facts Kho is doing business under the name and style of KEC Cosmetics Laboratory. shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. they copy these figures from the world around them. yet both are original and. the registered owner of the copyrights Chin Chun Su and Oval Facial Cream Container/Case. humble or obvious" it might be. . 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. e) Patents. assignee of the patent registration certificate. copyright and patents are different intellectual property rights that cannot be interchanged with one another. the scope of a copyright is confined to literary and Rommel A.1 Section 4. 1991. compose identical poems. d) Industrial Designs. diminution. re-packer and distributor of Chin Chun Su products manufactured by Shun Yi Factory of Taiwan. (n) Mirpuri vs. against the Summerville General Merchandising and Company (Summerville. Facts are not copyrightable. even a directory that contains absolutely no protectible written expression. it is beyond dispute that compilations of facts are within the subject matter of copyright. Reverse Reciprocity of Foreign Laws. and that it possesses at least some minimal degree of creativity. c) Geographic Indications. may possess the requisite originality. One who discovers a fact is not its "maker" or "originator. Meanwhile. embodied in the form of books. and news of the day.in a constitutional sense is to mean "he to whom anything owes its origin. prints. historical. No. biographical. . and again in the Copyright Act of 1976. f) Layout-Designs (Topographies) of Integrated Circuits. Elidad C. in what order to place them." However. To be sure. The writings which are to be protected are the fruits of intellectual labor. the requisite level of creativity is extremely low. Why facts are not copyrightable? No one may claim originality as to facts. restriction. 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. a work must be original to the author. Kho vs." Factual compilations. The vast majority of works make the grade quite easily. originator. for brevity) and Ang Tiam Chay.R. Tio Page 5 of 21 Intellectual Property Law . are sufficiently original that Congress may protect such compilations through the copyright laws. treaty or agreement relating to intellectual property rights or the repression of unfair competition. alleged as their defense that they are the exclusive and authorized importer. b) Trademarks and Service Marks. assume that two poets. The compilation author typically chooses which facts to include.. to which the Philippines is also a party. &c. Compilations were expressly mentioned in the Copyright Act of 1909." The discoverer merely finds and records. that KEC Cosmetics Laboratory of the of Kho obtained the copyrights through misrepresentation and falsification. TRIPS). or extends reciprocal rights to nationals of the Philippines by law. treaty or reciprocal law. and are founded in the creative powers of the mind. 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. maker”. The sine qua non of copyright is originality. on the other hand. Definitions. means only that the work was independently created by the author (as opposed to copied from other works). Summerville on the other hand. Originality does not signify novelty. and. 1999 Facts Issues Held (3) Coverage of Intellectual Property Rights Sec.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 addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. This is because facts do not owe their origin to an act of authorship. To illustrate. 115758. within Philippine jurisdiction.UNIVERSITY OF SAN CARLOS protection. only facts. "no matter how crude." Author . in similar containers that Kho uses.4. in a sense. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction. not the result of copying.scientific. and g) Protection of Undisclosed Information (n. To qualify for copyright protection. 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. a work may be original even though it closely resembles other works so long as the similarity is fortuitous. limitation. requirement. that the authority of Quintin Cheng. the registered owner thereof in the Supplemental Register of the Philippine Patent Office. thereby misleading the public. and resulting in the decline in the Kho’s business sales and income. to distribute and market Chin Chun Su products in the Philippines had already been terminated by the said Taiwanese Manufacturing Company. Originality requires independent creation plus a modicum of creativity: "While the word writings may be liberally construed. 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 they possess some creative spark. (n) Section 231. he or she has merely discovered its existence. No. March 19. hence. each ignorant of the other. Summerville advertised and sold Kho’s cream products under the brand name Chin Chun Su. G. to include original designs for engraving. CA.
a non-stock corporation duly organized and existing under the laws of the Philippines. Pest Management Association of the Philippines vs.A. involves an inventive step and is industrially applicable. No. e) Publish regularly in its own publication the patents. refer to any technical solution of a problem in any field of human activity which is new. Pearl & Dean Inc. geographic indication. A patent prohibits all unlicensed making.R. Financial and Personnel Services Bureau. 8293 (R.1. the following terms have the following meaning: 171.A. Tio Page 6 of 21 Intellectual Property Law . (n) (5) The Intellectual Property Office Sec. "Author" is the natural person who has created the work. marks. To administer and implement the State policies declared in this Act. c) Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II. Functions of the Intellectual Property Office (IPO). Definitions. These Bureaus are: a) The Bureau of Patents. Information and Technology Transfer Bureau. Consequently. 2002. 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. and the technology transfer arrangements registered. 8293 recognizes that efforts to fully protect intellectual property rights cannot be undertaken by the IPO alone. 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. otherwise known as the Intellectual Property Code of the Philippines. f) Administratively adjudicate contested proceedings affecting intellectual property rights. using and selling of a particular product. issued and approved. 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. 8293. 5.For the purpose of this Act. guidelines and regulations to give protection to such rights. The Office shall be divided into six (6) Bureaus. Section 5 thereof enumerates the functions of the IPO. the user must sufficiently prove that she registered or used it before anybody else did. Lastly. provided convincing proof is submitted that the product being registered is identical or substantially similar to any current registered pesticide. d) Promote the use of patent information as a tool for technology development. Patentable inventions. No. 6. 5 Section 5. After this period. 8293). It questioned the validity of Section 3. 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. Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer. 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." Clearly. 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. vs. 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.5. therefore.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. During this period subsequent registrants may rely on these data only with third party authorization or otherwise must submit their own data. each of which shall be headed by a Director and assisted by an Assistant Director. c) The Bureau of Legal Affairs. Rommel A. Other agencies dealing with intellectual property rights are. integrated circuits.10 Section 171. Fertilizer and Pesticide Authority G. Petitioner. .2 Section 6. utility models and industrial designs. III. 171.UNIVERSITY OF SAN CARLOS artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation. while data protection accorded by the FPA merely prevents copying or unauthorized use of an applicant's data. 148222. and f) The Administrative. 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. No. It is further argued that under Republic Act No.12 of the 1987 Pesticide Regulatory Policies and Implementing Guidelines. which provides thus: 3. August 15.A. and other papers and things relating to intellectual property rights applications filed with the Office.2.2. . not precluded from issuing policies. or differs only in ways that would not significantly increase the risk of unreasonable adverse effects. e) The Management Information System and EDP Bureau. on the other hand. but any other party may independently generate and use his own data. b) The Bureau of Trademarks. Kho has no right to support her claim for the exclusive use of the subject trade name and its container. 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. not having proven that she has registered a trademark thereto or used the same before anyone did. all data may be freely cited in support of registration by any applicant. books. 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. No. b) Examine applications for the registration of marks. specifications. 171 – 171. February 21. 156041. In order to be entitled to exclusively use the same in the sale of the beauty cream product. is an association of pesticide handlers duly licensed by respondent Fertilizer and Pesticide Authority (FPA). drawings. LAW ON COPYRIGHT (1) Definitions Sec. d) The Documentation. 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. Shoemart Inc G. The Office shall have custody of all records. documents. R. On the contrary. No.2. 2003 Facts Issues Held (4) Functions of IPO Sec. The name and container of a beauty cream product are proper subjects of a trademark inasmuch as the same falls squarely within its definition.R.1.
2. whether made by hand or produced on an industrial scale. pamphlets. in the case of an audiovisual work.2 Section 172. (n) Computer programs.UNIVERSITY OF SAN CARLOS 171. administrative or legal nature.11. irrespective of their mode or form of expression. architecture or science. (j) Drawings or plastic works of a scientific or technical character. (b) Periodicals and newspapers. The right to obtain a copyright on a book depends on originality of the author’s work and not upon any standard of merit. articles and other writings. and a "computer program" is a set of instructions expressed in words. The work must have their origin in the labor of the author. including government-owned or controlled corporations as a part of his regularly prescribed official duties. when commenced Sec. concept. addresses. (Sec. Literary and Artistic Works. which. either directly or by means of any device or process. That availability of such copies has been such. 172. scholarly. 171. plans.3. news of the day and other miscellaneous facts having the character of mere items of press information. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article. irrespective of their mode or form of expression. with the consent of the authors. 171.6. quality and purpose. illustrated or embodied in a work. 171. having regard to the nature of the work. it is not necessary. Sec. Unprotected Subject Matter.1. discovery or mere data as such.8. as well as any official translation thereof (n) Note: Ideas are the building blocks of creative expression. 171. 172. P. whether or not reduced in writing or other material form. in the case of a work other than an audiovisual work. 2. playing.D. "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. in the case of a sound recording. explained. Ching Case: (h) Original ornamental designs or models for articles of manufacture. No. (m) Pictorial illustrations and advertisements. dissertations prepared for delivery. to any idea. No. topography. 49a) Notes When work is created? A work is created when two requirements are Originality and some form of expression. of causing the computer to perform or achieve a particular task or result. 41 (E). . principle. (4) Works Protected (a) Literary or Artistic Works oral Note: Requisite: For short message sending (sms) or text messages sufficient intellectual effort.7.2 Section 172. 2.10. 171. irrespective of whether they are or can be present at the same place and at the same time. choreographic works or entertainment in dumb shows. "Public performance". as well as of their content. as to satisfy the reasonable requirements of the public.Notwithstanding the provisions of Sections 172 and 173. sketches. 171. and other works of applied art. P. sermons. hereinafter referred to as "works". (Sec. architecture.172. engraving. such as public library or archive. scientific and artistic works. 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. 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. 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. is the recitation. 172. system. However. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a limited period. maps. 49a). and. by an institution the services of which are available to the public. (3) Idea/Expression Dichotomy Sec. quality and purpose. Literary and artistic works. Works are protected by the sole fact of their creation. with or without words. models or designs for works of art. codes.D. 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. (k) Photographic works including works produced by a process analogous to photography. lantern slides. (c) Lectures. schemes or in any other form. They will differ with the particular subject matter involved.172. dancing.9.3. for profitmaking purposes. charts and three-dimensional works relative to geography. the showing of its images in sequence and the making of the sounds accompanying it audible. 2nd Requirement: Expression In order for a work to be entitled protection. as well as of their content. 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.4. whether or not registrable as an industrial design. lithography or other works of art. are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books. Note: Furnitures have functional purpose. 171. (g) Works of drawing. under this law. P. 175 Section 175. that works should pass a test of imaginativeness. "Published works" means works. (i) Illustrations. there must at least be some verifiable expression of the intellectual product. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. no protection shall extend. sculpture. even if they are expressed. and where the performance can be perceived without the need for communication within the meaning of Subsection 171. Note: Laban notation – transcription of choreographic notes (f) Musical compositions. to qualify for copyright protection. Tio Page 7 of 21 Intellectual Property Law . (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings. or any official text of a legislative. (e) Dramatic or dramatico-musical compositions. or at different places and/or at different times. and Note: Computer program are copyrightable in this jurisdiction but not patentable. . A "computer" is an electronic or similar device having informationprocessing capabilities. painting. method or operation. Works are protected by the sole fact of their creation.D. 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. No. Note: With or Without words – because there two separate rights for the composition and lyrics.2. 171. (o) Other literary. (d) Letters. which is capable when incorporated in a medium that the computer can read. for non-profit purposes. 49 a). (2) Protection.5. Rommel A. acting or otherwise performing the work.
materials. NBI Agents found and seized various video tapes of duly copyrighted motion pictures/films owned or exclusively distributed by private complainants. Sr. Danilo A. television sets. NBI Senior Agent Lauro C. upon questions by the court a quo. 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.R.2. No. the personal properties described in the search warrants are mechanical works. addresses. Salinas. including pamphlets and newspapers. [P] and [Q]. They are not even artistic creations with incidental utilitarian functions or works incorporated in a useful article. there was no right created. being not of the same kind and nature as the works enumerated in Section 172 of R. After due investigation.” The statutory interpretation of the Executive Branch being correct. 2001.A. Pelindario. On November 14. lectures. Reyes. Domingo. Issues Whether or not absence such registration. is not for the purpose of securing a copyright of the work. the failure to comply with said requirements does not deprive the copyright owner of the right to sue for infringement. and machines. unless there be something in the context of the state which would repel such inference. subsist with respect to any of the following classes of works. registered owner-proprietor of Sunshine Home Video. 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. Reyes applied for a search warrant with the court a quo against Sunshine seeking the seizure. 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. described as “Leaf Spring Eye Bushing for Automobile” made up of plastic. arrangements. Derivative Works. Baltazar. was issued by the court a quo. scholarly. . Mr.173. the creator can file action for infringement of its rights. 2005 Facts Jessie G. 49. Baltazar and Atty. payment of damages arising from infringement. sermons. producers and/or distributors of the works. lease or disposition of videograms tapes in the premises above described. 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. sale. as amended. the maker and manufacturer of a Utility Model. No. Rene C. 173).” On September 20. manuscripts. or to secure or extend copyright in such original works. Furthermore. On the basis of the affidavits and depositions of NBI Senior Agent Lauro C. 1987. CA.D. P. hence. 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. the generic word will usually be limited to things of a similar nature with those particularly enumerated. 8293. 1978 in its Opinion No. June 29. The following derivative works shall also be protected by copyright: (a) Dramatizations. G. Rico V.. 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.” This means that under the present state of the law. and other alterations of literary or artistic works. Ching is the owner and general manager of Jeshicris Manufacturing Co. the principal function of which is utility sans any aesthetic embellishment. 173 Section 173. Pelindario. No. of pirated video tapes of copyrighted films all of which were enumerated in a list attached to the application. Rene C. as Rommel A. showing. reproduction.” He cannot demand. only the expression. In the hearing of the application. Atty. Such non-compliance merely limits the remedies available to him and subjects him to the corresponding sanction. scholarly or artistic works.A. a closer review of Presidential Decree No. His testimony was corroborated by another witness. NBI Senior Agent Lauro C. as amended). It was alleged that the respondents therein reproduced and distributed the said models penalized under Sections 177. 8. and letters. 49. as in this case. accessories all of which were included in the receipt for properties accomplished by the raiding team. no infringement under PD 49 as amended? Held As correctly pointed out by private complainants-oppositors. 172) and derivative works (Sec. P. No. is entitled (to) weight and respect. and sought its assistance in their anti-film piracy drive.3 of Republic Act (R. and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. 2001. Neither are we to regard the Leaf Spring Eye Bushing and Vehicle Bearing Cushion as included in the catch-all phrase “other literary.1 shall be protected as new works: Provided however. from the moment of creation. 49) 173. 2.A. dissertations prepared for oral delivery. 10. however. 8293. On September 4. There is creation when an idea is expressed in some tangible medium. 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.D.1. They lack the decorative quality or value that must characterize authentic works of applied art. Reyes. reiterated in substance his averments in his affidavit. translations. In actuality. 49. video cassettes and/or laser disc recordings equipment and other machines and paraphernalia used or intended to be used in the unlawful exhibition. Copy of the receipt was furnished and/or tendered to Mr. 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. Search Warrant No 87-053 for violation of Section 56 of PD No. Art. 161295.UNIVERSITY OF SAN CARLOS provided for in Section 26 (P. Ching vs. or be construed to imply any right to such use of the original works. Domingo’s deposition was also taken. (Sec. No. directories and gazetteers.) No. the Department of Justice has resolved this legal question as far back as December 12. That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof.” the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not copyrightable. 49. and the officers and members of the Board of Directors of Wilaware Product Corporation. and periodicals. owned and operated by Danilo A. TRIPS) Idea is not protected. not as conditions for the acquisition of copyright and other rights.D. Being plain automotive spare parts that must conform to the original structural design of the components they seek to replace. Columbia Pictures vs. including composite and cyclopedic works. among others. and (b) Collections of literary. as amended.1(a) of R. The same opinion stressed that “the requirements of registration and deposit are thus retained under the Decree. 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. and. the NBI filed applications for search warrants in the RTC of Manila against William Salinas. but as prerequisites to a suit for damages. equipment. scientific and artistic works” in Section 172. 261 SCRA 144 (1996) Facts Columbia Pictures lodged a formal complaint with the National Bureau of Investigation for violation of PD No. abridgments. The Leaf Spring Eye Bushing and Vehicle Bearing Cushion fall on neither classification. such as books. (Sec. paraphernalia. Rico V. 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. The works referred to in paragraphs (a) and (b) of Subsection 173. adaptations.1 and 177. Ching requested the National Bureau of Investigation (NBI) for police/investigative assistance for the apprehension and prosecution of illegal manufacturers. television sets. Tio Page 8 of 21 Intellectual Property Law . 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. (b) Derivative Works Sec.
Drilon. news of the day and other miscellaneous facts having the character of mere items of press information. president of BJPI.11 Issue Rommel A. Whether the format or mechanics of Joaquin’s television show is entitled to copyright protection? Held No. on Intellectual Property: Nobody may reproduce another person's work without the owner's consent. 1973. in the strict sense of the term. a non-copyrightable material. No right can spring from an unlawful act. under this law. On July 18. is purely a statutory right. concept. (IXL). system. §2(M). no protection shall extend. news of the day and other miscellaneous facts having the character of mere items of press information. 1879. or discovery. method or operation. he would endorse the matter to his attorneys for proper legal action. system. or any official text of a legislative. or assigns. No. the protection afforded by the law cannot be extended to cover them. On July 14. . 175 (a)Unprotected Subject Matter Sec. concept. No. 1991. Laktaw vs. information for violation of P. 1991. principle. no protection shall extend. 1991. It is a new or independent right granted by the statute.000. Ideas. to any idea. petitioner BJPI submitted to the National Library an addendum to its certificate of copyright specifying the show’s format and style of presentation. saw on RPN Channel 9 an episode of It’s a Date. method of operation. or embodied in such work. Being a statutory grant. process. . and Casey Francisco. / must have substantial variation Article 5 of civil code. The act of Pagliwanan is a violation of article 7 of the Law of January 10. improperly copied the greater part thereof in the work published by him and entitled Diccionariong Kastila-Tagalog (SpanishTagalog Dictionary). In a letter. Meanwhile. namely. P. 175 Section 175. Inc. Jr. however. as falling within the class of works mentioned in P. the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. 1991. William Esposo. the format or mechanics of a television show is not included in the list of protected works in §2 of P. 49. 176. on Intellectual Property. Unprotected Subject Matter. 49. private respondent Zosa apologized to petitioner Joaquin and requested a meeting to discuss a possible settlement. (b)Works of Government Sec.000. 302 SCRA 225 (1999) Facts Petitioner BJ Productions.Notwithstanding the provisions of Sections 172 and 173. and (4) that the damages occasioned to him by the publication of Paglinawan's work amounted to $10. 174 Section 174. No. of Rhoda and Me. as well as any official translation thereof (n) Joaquin. and on terms and conditions specified in the statute. 49. M922. 1991 in which he reiterated his demand and warned that. in whole or in part. 1879. of copyrightable materials as defined and enumerated in Section 2 of PD. illustrated. the rights are only such as the statute confers. formats. he wrote a letter to private respondent Gabriel M. Paglinawan violated Article 7 of Intellectual Property Law. even though it be only to annotate. or improve any edition thereof. There must be compliance of the requirements: 1. or any official text of a legislative. while watching television. Tio Page 9 of 21 Intellectual Property Law . the work must alter not merely copy. 49. procedure. Upon complaint of petitioners. (5)Works Not Protected Sec. or improve any edition thereof. illustrated or embodied in a work. administrative or legal nature. 175. must borrow the original and expressive content 2. Jr. if IXL did not comply. refers to finished works and not to concepts.. concept. discovery or mere data as such. Inc. Copyright. even if they are expressed. . under this law. add something to it. Law Sec. 49 was filed against private respondent Zosa together with certain officers of RPN Channel 9. in enumerating what are subject to copyright. illustrated or embodied in a work.D. principle. in the opinion of this Office. 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. 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. a dating game show aired from 1970 to 1977. as well as any official translation thereof. to any idea. discovery or mere data as such. 49. The copyright does not extend to an idea.UNIVERSITY OF SAN CARLOS Note: Derivative works are original work. 171.In addition to the right to publish granted by the author. his heirs. and not simply a pre-existing right regulated by the statute.D. to wit: Cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings. caused irreparable injuries to Laktaw who was surprised when. petitioner Francisco Joaquin. president and general manager of IXL. Apart from the manner in which it is actually expressed. administrative or legal nature. 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. and may be obtained and enjoyed only with respect to the subjects and by the persons. 1971. in the Regional Trial Court of Quezon City. procedure. The essence of copyright infringement is the copying. informing Zosa that BJPI had a copyright to Rhoda and Me and demanding that IXL discontinue airing It’s a Date. dated January 28. continued airing It’s a Date. regardless of the form in which it is described. Published Edition of Work. even if they are expressed. prompting petitioner Joaquin to send a second letter on July 25. with costs. explained.D. (c) Published Edition of Work Sec. Paglinawan without the consent of Laktaw. dated July 19. which was produced by IXL Productions. principle. It is not necessary that a work should be an improper copy of another work previously published. system. Paglinawan in his answer denied generally each and every allegation of the complaint and prayed the court to absolve him from the complaint. On June 28. explained. Paglinawan. Felipe Medina.Notwithstanding the provisions of Sections 172 and 173. 44 Phil. procedure.D. the idea of a dating game show is. explained. No. (n) Note: Separate right of the publisher exclusively on typographical arrangement. 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. (BJPI) is the holder/grantee of Certificate of Copyright No. IXL. For this reason. concepts. It is enough that another's work has been reproduced without the consent of the owner. Law Article 7 of the Law of January 10. on publishing his new work entitled Diccionario Tagalog-Hispano (Tagalog-Spanish Dictionary) he learned of the fact. reproduced said literary work. even merely to annotate or add anything to it. however. Zosa. §2. 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. Unprotected Subject Matter. vs. No. method or operation. Issue Whether or not Paglinawan violated Article 7 of the Intellectual Property Law (1879)? Held Yes.
including government-owned or controlled corporations as a part of his regularly prescribed official duties. copyright or economic rights shall consist of the exclusive right to carry out. a compilation of data and other materials or a musical work in graphic form.D. or within the (60) days if made elsewhere. (Ibid.3. is organization under the Corporation Law of the Philippines and registered with the Securities and Exchange Commission. However. a computer program. May 28. failure of which renders such creation public property. Issues 1.economic right / moral rights . Section 177. Pearl & Dean Inc. Reproduction of the work or substantial portion of the work. and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. for his personal Christmas Card greetings for the year 1959. appellant demanded from the appellee payment of the necessary license fee for the playing and singing of aforesaid compositions but the demand was ignored. 49) 171. abridgment. Dramatization. . addresses. arrangement or other transformation of the work. Rollo. p. pp. for a price. p.176. Notwithstanding the foregoing provisions.Subject to the provisions of Chapter VIII." (Santos v. the artistic motif in question.2.D. Authors and Publishers Inc. 177. 12 SCRA 324-325 . translation. 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. supra Facts Issues Law Held Filipino Society of Composers vs. The following year the defendant McCullough Printing Company. 1947) entitled 'Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims' promulgated pursuant to Republic Act 165. Tan. v. 49) 176. 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. the Government is not precluded from receiving and holding copyrights transferred to it by assignment. .R. 10) became popular in radios. displayed the very design in its album of Christmas cards and offered it for sale. 5. p. 1966. (Sec. 177 Note: Copyright ." 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. D. 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. 46373R. 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. long before registration (TSN. McCullough Printing. 28.4. No copyright shall subsist in any work of the Government of the Philippines.. Resolution.UNIVERSITY OF SAN CARLOS Section 176. whether or not Benjamin Tan can be held liable therefore." "Sapagkat Kami Ay Tao Lamang" and "The Nearness Of You. P.3. pp. a work embodied in a sound recording. sermons. 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. Copyright or Economic Rights.. bequest or otherwise. 27) and the songs "Sapagkat Ikaw Ay Akin" and "Sapagkat Kami Ay Tao Lamang" both registered on July 10. before administrative agencies. were playing and singing the above-mentioned compositions without any license or permission from the appellant to play or sing the same. beside a tree.5. P. May 28. rules and regulations. without the knowledge and authority of plaintiff. No prior approval or conditions shall be required for the use of any purpose of statutes. The complaint alleges that plaintiff Mauro Malang Santos designed for former Ambassador Felino Neri. 29 and 30). 148 SCRA 461 (1987) Facts Filipino Society of Composers. 1968. Malang. juke boxes. Public performance of the work. The testimonies of the witnesses at the hearing of this case on this subject were unrebutted by the appellant. P. McCullough Printing Company. 32-36) under the provisions of Section 3 of the Copyright Law (Act 3134 of the Philippine Legislature).1. third par. Such agency or office may. Accordingly. lectures. adaptation. impose as a condition the payment of royalties. 317). 11. authorize or prevent the following acts: 177. et al. 1956 (Brief for Appellant. lectures.. 12 SCRA 321 (1964) Facts Mauro Malalang Santos filed an action for damages for unauthorized use.7. (the year of the hearing) or from 1943 (TSN. (n) 177.11. hired to play and sing musical compositions to entertain and amuse customers therein. 49a) Statutory Right – the right is limited to what the statute confers. in deliberative assemblies and in meetings of public character. 25) while the song "The Nearness Of You" registered on January 14. Other communication to the public of the work. 2nd issue: The Supreme Court has ruled that "Paragraph 33 of Patent Office Administrative Order No. NO. sermons.“right to paternity”. No..1. if made in Manila. A careful study of the records reveals that the song "Dahil Sa Iyo" which was registered on April 20. 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. dated September 18. 9. 3 (as amended. Held 1st issue: Yes. 177. read or rendered in courts of justice. prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Tio Page 10 of 21 Intellectual Property Law . (Sec. For such Rommel A. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership. 10) had become popular twenty five (25) years prior to 1968. and 177. The association is the owner of certain musical compositions among which are the songs entitled: "Dahil Sa Iyo". p. pronounced. Public display of the original or a copy of the work. provides among other things that an intellectual creation should be copyrighted thirty (30) days after its publication. etc. among other things. 1968. and dissertations.6. Works of the Government. (6) Copyright or Economic Rights. underneath which appears the plaintiff's pen name. 3-5. 177. The author of speeches. irrespective of the ownership of the original or the copy which is the subject of the rental. Russon No. 4489 25 F. Indeed. 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. (n) 176. 177. Rental of the original or a copy of an audiovisual or cinematographic work. Supp. 1955 (Brief for Appellant. 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. pp. "Sapagkat Ikaw Ay Akin. 9. Ownership (a) Copyright or Economic Rights – Sec. (Sec. No.2. and speeches. first par. Maglalang Santos vs. Assuming that there were indeed public performances for profit. addresses. No. CA-G. appear to have been known and sang by the witnesses as early as 1965 or three years before the hearing in 1968.
even as of this moment. sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. provides. philosophical. the following persons acquire ownership: (1) The author with regard to his literary. facilities and materials of the employer. Art. and if published. unless the work is placed under the protection of the copyright law. because it has placed plaintiff's professional integrity and ethics under serious question and caused him grave embarrassment before Ambassador Neri. and 178. if there was such a limited publication or prohibition. in the case of original literary and artistic works. their rights are governed by the Copyright laws. 3 (as amended dated September 18.00. there is no copyright for the design in question. 1947) entitled "Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims" promulgated pursuant to Republic Act 165. 433. 49) Rommel A. He further prayed for the additional sum of P3. except for the right to collect performing license fees for the performance of musical compositions. mentioned in Nos. 178. historical. (n) (b) Copyright Ownership Sec.UNIVERSITY OF SAN CARLOS unauthorized act of defendant. the copyright shall belong to the producer. 1 and 2 of the preceding article. if the work is the result of the performance of his regularly-assigned duties.Y. He has a right to determine whether it shall be published at all.1 Subject to the provisions of this section. the copyright shall belong to: (a) The employee. 178. their rights are governed by the Copyright laws. This exclusive right is confined to the first publication. or it is general publication? (3) Whether the provisions of the Civil Code or the Copyright Law should apply in the case? Law Art. the co-authors shall be the original owners of the copyright and in the absence of agreement. failure of which renders such creation public property.D.6. 178. In the case at bar. dramatic. (n) Art. the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner. 178. notwithstanding the. copyright shall belong to the author of the work. unless there is an agreement. The author and the composer. for example manufactured in accordance with an original design which is not protected by either a copyright or a patent. 1 and 2 of the preceding article. the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code. which are incorporated into the work. The scientist or technologist has the ownership of his discovery or invention even before it is patented. but the effect is general publication. . (Sec. (Sec. (3) The painter. 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. . and the author of the work so adapted. and in what form. sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time. plaintiff suffered moral damages to the tune of P16.Copyright ownership shall be governed by the following rules: 178.4. the author of the scenario. the author of each part shall be the original owner of the copyright in the part that he has created. it is dedicated to the public. 721. In the case of work created by an author during and in the course of his employment. 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. have absolute right to use the same. that an intellectual creation should be copyrighted thirty (30) days after its publication.000. sculptor. In the first place. the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms. where. to the contrary. In the case of works of joint authorship. 2nd issue: We are not also prepared to accept the contention of appellant that the publication of the design was a limited one. The painter. In the case of audiovisual work.2.For purposes of this Act. Issues (1) Whether plaintiff is entitled to protection. 722. By intellectual creation. and not the appellant. Eisle 83 N. 7. 49a) Section 179. (4) The scientist or technologist or any other person with regard to his discovery or invention.00 by way of attorney's fee. the same was not shown on the face of the design. Once their works are published. and the author loses the exclusive right to control subsequent publication by others. 723 (NCC) CHAPTER VI OWNERSHIP OF COPYRIGHT Section 178. 178. Paragraph 33 of Patent Office Administrative Order No. if such were the condition then Ambassador Neri would be the aggrieved party. In the second place.5. 6. by whom. When the purpose is a limited publication. p. the provision of the Civil Code. The author of a literary composition has a light to the first publication thereof. shall have the ownership of their creations even before the publication of the same. 722. or within sixty (60) day's if made elsewhere. P. The scientist or technologist has the ownership of his discovery or invention even before it is patented. shall have the ownership of their creations even before the publication of the same. however. or the pseudonyms or adopted name leaves no doubt as to the author's identity. the film director. express or implied. Anonymous and Pseudonymous Works. there having been no showing of a clear indication that a limited publication was intended. in consequence of which enforcement of the restriction becomes impossible (Nutt vs. 31 F [2d] 236). the composer of the music. Supp. so as to prohibit its use by others. The painter. or other artist. if made in Manila.) 3rd issue: Art. when.000. 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. mentioned in Nos. a work of joint authorship consists of parts that can be used separately and the author of each part can be identified. unless there is a written stipulation to the contrary. 887. subject to contrary or other stipulations among the creators. legal.D. When Ambassador Neri distributed 800 copies of the design in controversy. as to his musical composition. 179. their rights shall be governed by the rules on co-ownership. or if the author of the anonymous works discloses his identity. (2) The composer. When once published. 114 F [2d] 80). citing Wright v. with or without words. but the copyright thereto shall remain with the creator. National Institute. notwithstanding.3. Tio Page 11 of 21 Intellectual Property Law . P. Rules on Copyright Ownership. fact that he has not copyrighted his design? (2) Whether the publication is limited. If. Once their works are published. No. among others. scientific or other work. with respect to the product of his art. the plaintiff lost control of his design and the necessary implication was that there had been a general publication. (See II Tolentino's Comments on the Civil Code. In respect of letters. the person who so commissioned the work shall have ownership of the work. The author and the composer. or that there was an understanding that only Ambassador Neri should. Federal Trade Commission. unless the contrary appears. However. irrevocable rights thereupon become vested in the public. (b) The employer.
if appearing in the work. addresses and other works of the same nature. are mentioned. However. and similar purposes is not an infringement of copyright. in a place where no admission fee is charged in respect of such public performance or communication. Fair Use of a Copyrighted Work. 49) (d) The reproduction and communication to the public of literary. 49a) Section 181. 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. 10(1). Rommel A. P. or. 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. scientific or religious topic.185. (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole.The copyright is distinct from the property in the material object subject to it. television image or otherwise on screen or by means of any other device or process: Provided.2. P. 49) (e) The inclusion of a work in a publication. 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. 11.1. cinematography or broadcasting to the extent necessary for the purpose. including whether such use is of a commercial nature or is for non-profit educational purposes. The fair use of a copyrighted work for criticism. 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.184. (Sec. – 180. once it has been lawfully made accessible to the public. 49) Section 182. Designation of Society. That such recording must be deleted within a reasonable period after they were first broadcast: Provided. 12. 16. slide. a copy of the instrument shall be returned to the sender with a notation of the fact of record. P. P. Notwithstanding the provisions of Chapter V. economic. 180. Limitations on Copyright. by the National Library or by educational. That either the work has been published. Note: There are seven rights it can be assigned individually or as a whole. teaching including multiple copies for classroom use. If two (2) or more persons jointly own a copyright or any part thereof.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. 49) (c) The reproduction or communication to the public by mass media of articles on current political. social.1. the factors to be considered shall include: (a) The purpose and character of the use. 49a) (8) Limitations of Copyright (a) Limitations On Copyright Sec. universities or educational institutions: Provided. and (d) The effect of the use upon the potential market for or value of the copyrighted work. 180. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention. writers or composers to enforce their economic rights and moral rights on their behalf. universities. 184 CHAPTER VIII LIMITATIONS ON COPYRIGHT Section 184. 49a) Section 183.The copyright owners or their heirs may designate a society of artists. 184. Within the scope of the assignment.D. (Sec. 723. magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. That the source is clearly indicated. or educational institutions of a work included in a broadcast for the use of such schools. that the original or the copy displayed has been sold. Copyright and Material Object. (Sec. . research.3. P. sound recording or film.D. the court may authorize their publication or dissemination if the public good or the interest of justice so requires. news reporting. P. Rights of Assignee. . including quotations from newspaper articles and periodicals in the form of press summaries: Provided. but they cannot be published or disseminated without the consent of the writer or his heirs.1. P. or other communication to the public. (b) The nature of the copyrighted work. Notice of the record shall be published in the IPO Gazette. (Sec. (g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast. by a club or institution for charitable or educational purpose only. No. comment. . 32. No. The submission of a literary. which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided. the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright. (h) The use made of a work by or under the direction or control of the Government. That the source and the name of the author. scientific or professional institutions where such use is in the public interest and is compatible with fair use. Consequently. (n) (j) Public display of the original or a copy of the work not made by means of a film. . (Sec. No. In determining whether the use made of a work in any particular case is fair use.D. neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. Tio Page 12 of 21 Intellectual Property Law . (n) (7) Transfer or Assignment of Copyright Sec. further. if appearing on the work. lectures. 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. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered. if done privately and free of charge or if made strictly for a charitable or religious institution or society. (i) The public performance or the communication to the public of a work. (Sec. That the source and of the name of the author. Upon recording. (b) Fair Use of Work Sec. 19. 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. are mentioned. No.183 TRANSFER OR ASSIGNMENT OF COPYRIGHT Section 180. Decompilation. subject to such other limitations as may be provided in the Regulations. given away or otherwise transferred to another person by the author or his successor in title. (f) The recording made in schools.D. scientific or artistic works as part of reports of current events by means of photography. 11. photographic or artistic work to a newspaper.D. No.D..D. whose aim is not profit making. No. if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided.D. No. broadcast. Filing of Assignment or License. scholarship. (Sec. The copyright may be assigned in whole or in part.UNIVERSITY OF SAN CARLOS Civil Code: Art. . 180. P. 15. third par. the transfer or assignment of the copyright shall not itself constitute a transfer of the material object.2. the following acts shall not constitute infringement of copyright: (a) The recitation or performance of a work. 185 Section 185. No. (Sec.
S. effect of use on the market. (Cornell) Habana vs. and he copied at his peril. 1999 Facts Habana is the author of the copyrighted book entitled College English for Today (CET). Also. No decision was made on the argument of permissive reproduction. Issues Rommel A. which is a case of plagiarism and copyright infringement. The U. District Court ruled in favor of A&M and issued an injunction by which Napster should further refrain from providing their service.” The courts deduced that by uploading files to the Napster search index. Napster claimed that this was not the case. 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. In cases of infringement. In copyrighting books the purpose is to give protection to the intellectual product of an author. because the users were not just simply converting their media between formats for storage. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. and subject to the provisions of Subsection 187. . Notwithstanding the provision of Section 177. Habana found that several pages of the Robles’ book are similar. scheme of presentation.187. July 19. Napster Inc. nature of the use. if not all together a copy of Habana’s book.2 Section 187. the court rejected Napster’s request for a compulsory license.S. under Section 184. Issues Whether or not Napster violated one of the exclusive copyright of A&M? Held Whether or not it constitutes fair use? No. Habana et al. A&M alleged that Napster was a contributor to the copyright infringements against their company. If so much is taken that the value of the original work is substantially diminished. and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights. consists in the doing by any person. and infringement of copyright. Piracy A copy of a piracy is an infringement of the original. and thus has the duty to do so. . A&M saw the potential negative impact of this service to their sales. Reproduction of Published Work. A&M Records Inc. without the consent of the owner of the copyright. hence. or even a large portion of it. be copied.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. therefore. 131522. To constitute infringement.R. and thus filed copyright suit against Napster. The essence of intellectual piracy should be essayed in conceptual terms in order to underscore its gravity by an appropriate understanding thereof. Notes When is there a substantial reproduction of a book? It does not necessarily require that the entire copyrighted work. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents. he at least knew that what he was copying was not his. 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. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. If so much is taken that the value of the original is sensibly diminished. it is not necessary that the whole or even a large portion of the work shall have been copied. in such cases.2. vs. distribute. spaceshifting. in which the government would force the copyright holders to grant use to Napster potentially in exchange for royalties. and distribution. illustrations and illustrative examples in their own book. No. but their users were instead engaging in three types of fair use: sampling. 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. filed with the Regional Trial Court. Tio Page 13 of 21 Intellectual Property Law . She circulated the book DEP for commercial use and did not acknowledge Habana as her source. 186 Section 186. of anything the sole right to do which is conferred by statute on the owner of the copyright. 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. In determining the question of infringement. Here. the private reproduction of a published work in a single copy. despite the apparent textual. 00-16401 (U. but were sharing the files as well. § 106(3). Napster’s space-shifting argument did not hold. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. portion used. The court decided that the defendants had the ability to prevent infringement from taking place. When Habana et al. are mentioned.1. Napster also provided a solution to the alleged infringement in the form of a compulsory license. After an itemized examination and comparison of the two books (CET and DEP). Hence. prepare derivative work. that is sufficient in point of law to constitute piracy. protected by law. and display. and it is no defense that the pirate. a complaint for “Infringement and/or unfair competition with damages” against private respondents. (n) (d) Reproduction of Published Work Sec. Decision) Facts Napster was a web-based company for the purpose of providing a platform for users to exchange digital music with other users. Work of Architecture. thematic and sequential similarity between DEP and CET. there is an infringement of copyright and to an injurious extent. (c) Work of Architecture Sec. Robles committed no copyright infringement? Held No. Finally. there is a clear case of appropriation of copyrighted work for her benefit that Robles committed. which is a synonymous term in this connection. 187. and. Makati. 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. § 106(1). The appellate court found that “Napster users infringe at least two of the copyright holders’ exclusive rights: the rights of reproduction. However. perform. 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. The copying must produce an “injurious effect”.2. or the labors of the original author are substantially and to an injurious extent appropriated by another. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP).1 (b). if appearing on the work. because the plaintiffs did not challenge this use. Napster’s defense was such that in order for their company to be liable for contributory infringement. copying alone is not what is prohibited. users were violating the plaintiff’s right to reproduction and by downloading files containing copyrighted music were violating their right to distribution. citing that such a device would provide Napster with an “easy out” while seemingly punishing the copyright holders. their users had to be directly infringing on A&M’s copyrights. and permissive distribution. or piracy. the work is appropriated. Robles still committed copyright infringement. Robles G.187. This is precisely what the law on copyright protected. Robles ignored the demands. Court Whether or not. 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. 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.UNIVERSITY OF SAN CARLOS 185. The court decided that Napster’s argument for sampling did not hold. because the “samples” were in fact permanent and complete files on the users’ hard drives. did not know whether or not he was infringing any copyright. the amount of matter copied from the copyrighted work is an important consideration.
(n) (e) Reprographic Reproduction by Libraries Sec.2 and 172.3. for the purpose of completing the records of the National Library and the Supreme Court Library. . shall be permitted. P.UNIVERSITY OF SAN CARLOS research and private study. This provision shall be without prejudice to the application of Section 185 whenever appropriate. . unless the volume. 191.188.D. P. 189. for which the computer program has been obtained.D. college. and to the extent. by law. That such copies do not exceed three (3). Registration and Deposit with National Library and the Supreme Court Library.2. . without the authorization of the owner of copyright in the work. the required copies or reproductions are not delivered and the fee is not paid. destroyed or rendered unusable and copies are not available with the publisher. 188 Section 188. 227.1. and the year of its first publication. (Sec.2. by the lawful owner of that computer program: 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. 187. shall be entitled.1.Each copy of a work published or offered for sale may contain a notice bearing the name of the copyright owner. P. charitable. 30. 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. No.1 shall not extend to the reproduction of: (a) A work of architecture in the form of building or other construction. there shall. and such unlawful use shall be deemed an infringement and shall be punishable as such without prejudice to the proprietor's right of action. or free public library in the Philippines. 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. 192. (n) (g) Importation for Personal Purposes Sec. or (ii) The importation is by authority of and for the use of the Philippine Government. 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. 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. or educational society or institution duly incorporated or registered. Subject to the approval of the Secretary of Finance. 49a) Rommel A. without the authorization of the author of copyright owner. consisting of not more than three (3) such copies or likenesses in any one invoice. but subject to the limitation under the Subsection 185. to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock.1. 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. Reprographic Reproduction by Libraries. within three (3) weeks. 13. 190. any library or archive whose activities are not for profit may. P. or of a musical work in graphic form by reprographic means.2. Tio Page 14 of 21 Intellectual Property Law . If. (c) A compilation of data and other materials. 49a) Section 192. 228 CHAPTER IX DEPOSIT AND NOTICE Section 191. (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. is not for sale but for the use only of any religious.190. 190 Section 190. and (c) Where the making of such a copy is in order to preserve and. or other owner of copyright in. 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. 26. a copy which has been lost. when special reasons so require.After the first public dissemination of performance by authority of the copyright owner of a work falling under Subsections 172. (d) A computer program except as provided in Section 189. 27. (Sec.6. is entitled to receive copies of a printed work. 190.3. destroyed or rendered unusable. That every library which.6. in copies produced after the creator's death. 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. . when this is considered expedient. or for any state school. the year of such death. or other owner of copyright in. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones determined in this Section. No. (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. university.1. and. (b) An entire book. tome or part is out of stock: Provided. Only the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library. No. or to replace. . without the authorization of the author of.2. Notwithstanding the provision of Subsection 177. or is for the encouragement of the fine arts. 49) (9) Registration and Deposit with National Library and Supreme Court Library Sec. or (iii) The importation. Notwithstanding the above provisions. replace a copy.189.3 of this Act. Notwithstanding the provisions of Subsection 177. a computer program. destroyed or rendered unusable. be registered and deposited with it. Notwithstanding the provisions of Section 177. Importation for Personal Purposes. the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted. Notice of Copyright. (Sec. The permission granted under Subsection 187. if necessary in the event that it is lost. 189 Section 189. 49a) (f) Reproduction of Computer Program Sec. That the copy or adaptation is necessary for: (a) The use of the computer program in conjunction with a computer for the purpose. 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. 172. 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. and (b) Archival purposes. 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.D. within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit.2. 188. in the permanent collection of another similar library or archive. 189. 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. or a substantial part thereof. to persons requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them. Reproduction of Computer Program. (Sec. and.D.
Ownership of Deposit and Instruments. No. To object to any distortion. Works Not Covered. shall belong to the government.In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer. For purposes of this Section.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. 49) (12) Rights of Performers.1.The Copyright Section of the National Library shall be classified as a Division upon the effectivity of this Act. engravings. association. . In addition. 49) (c) Waiver of Moral Rights Sec. corporation. 195 Rommel A. Damages. he may be held liable for damages for breach of such contract. P. such fees as may be promulgated by it from time to time subject to the approval of the Department Head. .D. This right shall exist during the lifetime of the author and for fifty (50) years after his death. No. be indicated in a prominent way on the copies. damages which may be availed of under the Civil Code may also be recovered. because of alterations therein. To use the name of the author with respect to a work he did not create.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. 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%). 49) (11) Rights to Proceed in Subsequent Transfers (a) Sale or Lease of Work Sec. 37. 49) Section 229. 62. 199. Breach of Contract. 196 Section 196.The provisions of this Chapter shall not apply to prints. 49) Section 201.D. 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. P. . (Sec. or otherwise to make use of his reputation with respect to any version or adaptation of his work which. Public Records.D. No.198.D. his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. 58. (Sec. or 195. 33. (Sec. The National Library shall have the power to collect. No.2.An author may waive his rights mentioned in Section 193 by a written instrument. P. his work which would be prejudicial to his honor or reputation. "Person" shall mean any individual. (Sec. subsequent to the first disposition thereof by the author. or society. No. (Sec. and in default of the heirs. Waiver of Moral Rights. as far as practicable. 36. 60. . (Sec. No. Producers of Sound Recordings and Broadcasting Organizations (a) Definitions Sec. In default of such person or persons. or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions. P. in particular. for the discharge of its services under this Act. Scope of Moral Rights. 49) Section 226. 39. 40. 49a) (10) Moral Rights (a) Scope of Moral Rights Sec. 202. P. 193. Fees. . 61. partnership. 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. P. or the title of his work. have the right: Note: Economic Rights is independent for Moral Rights 193. 31. the Director of the National Library. 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. such enforcement shall devolve upon either the author's heirs. Contribution to Collective Work. and 193. but no such waiver shall be valid where its effects is to permit another: 195. .D. 226 Section 198. and in connection with the public use of his work.D.An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. No. . (Sec. mutilation or other modification of. .2. . (Sec. 34. (Sec. 49) (d) Contribution to Collective Work Sec. and in default of the heirs. 200. To use the name of the author. Enforcement Remedies. 49) (e) Term of Moral Rights Sec.D. 194 Section 194. 49) Section 228.4.D. P. To make any alterations of his work prior to. . etchings. or other derogatory action in relation to. No. . However. or to withhold it from publication. 8 CHAPTER XII Note: The value of the notice of copyright is enforcing your copyright in infringement case CHAPTER XX MISCELLANEOUS PROVISIONS Section 227. 35. 198. Copyright Division. (b) Breach of Contract Sec. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. .3.D.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.D. 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.1. No. (Sec. the right that his name. works of applied art.202. P.When an author contributes to a collective work. Sale or Lease of Work. (Sec.2. P.1. independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right. P. Tio Page 15 of 21 Intellectual Property Law .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. 201 Section 200. No.D. (Sec. 198. To require that the authorship of the works be attributed to him. would substantially tend to injure the literary or artistic reputation of another author.The author of a work shall. 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. 49) Section 199. P. 193 CHAPTER X MORAL RIGHTS Section 193. Any damage recovered after the creator's death shall be held in trust for and remitted to his heirs. Term of Moral Rights. P D No.
the right of authorizing: (a) The broadcasting and other communication to the public of their performance. 202. Moral Rights of Performers. Subject to the provisions of Section 206. 5.2. 205. with or without accompanying sounds. No. where protection is claimed. shall. . susceptible of being made audible. Definitions. Contract Terms.D. in every communication to the public or broadcast of a performance subsequent to the first communication or broadcast thereof by the broadcasting organization.UNIVERSITY OF SAN CARLOS RIGHTS OF PERFORMERS. Limitation on Right. 205. No.3. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. and 203. 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. "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. 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. .4. the government. "Performers" are actors. dancers. of sounds of a performance or the representations of sounds fixed in a sound recording. 202. who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds. 210 CHAPTER XIII PRODUCERS OF SOUND RECORDINGS Section 208. 203. Independently of a performer's economic rights. except where the omission is dictated by the manner of the use of the performance. (Sec. 202. Tio Page 16 of 21 Intellectual Property Law .8. or the legal entity. P. 204. in such a way that members of the public may access them from a place and time individually chosen by them. the provisions of Sections 203 shall have no further application. PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING ORGANIZATIONS Section 202. even after distribution of them by. or representation of sound. (Sec. and (b) The fixation of their unfixed performance. For purposes of Section 209. by his heirs.1. "Broadcasting" means the transmission by wireless means for the public reception of sounds or of images or of representations thereof.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.1. 205. as regards his live aural performances or performances fixed in sound recordings.D. (n) (e) Additional Remuneration for Subsequent Communications or Broadcasts Sec. the following terms shall have the following meanings: 202. 206 Section 206. "communication to the public" includes making the sounds or representations of sounds fixed in a sound recording audible to the public.For the purpose of this Act. otherwise than by broadcasting. P.205.1. once the performer has authorized the broadcasting or fixation of his performance. by wire or wireless means. and 208. 49a) Rommel A. 202. and 202. The right to authorize the direct or indirect reproduction of their sound recordings. 204.Subject to the provisions of Section 212. An "audiovisual work or fixation" is a work that consists of a series of related images which impart the impression of motion. in any manner or form.Unless otherwise provided in the contract. or of the representations thereof. or otherwise perform literary and artistic work. and other persons who act. . No. "Fixation" means the embodiment of sounds. in any manner or form. Scope of Right. 203.4.2. 204. the performer. even after distribution by them by or pursuant to authorization by the producer. performers shall enjoy the following exclusive rights: 203. 49a) (c) Moral Rights of Performers Sec. 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. mutilation or other modification of his performances that would be prejudicial to his reputation. with the consent of the right holder: Provided.3. 42. 203.Subject to the provisions of Section 212. other than in the form of a fixation incorporated in a cinematographic or other audiovisual work. P.7. 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. The right to authorize the commercial rental to the public of the original and copies of their sound recordings. by any medium. 43.2 Section 205.D. The rights granted to a performer in accordance with Subsection 203. the placing of these reproductions in the market and the right of rental or lending. musicians. interpret. reproduced or communicated through a device.2. singers. As regards their performances. have the right to claim to be identified as the performer of his performances.1 shall be maintained and exercised fifty (50) years after his death. (b) Scope of Performers’ Rights Sec. 46. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings.2.204. (n) (g) Scope of Right on Sound Recordings Sec. .3. That copies are offered to the public in reasonable quality. 202. "Producer of a sound recording" means the person.2. . 203 Section 203.9 "Communication to the public of a performance or a sound recording" means the transmission to the public. play in. or the representation of sounds. or pursuant to the authorization by the performer. 208. 207 Section 207.1 Section 204. 202. 208. declaim. 202. sing. and in default of heirs. from which they can be perceived.1. "Sound recording" means the fixation of the sounds of a performance or of other sounds. (Sec. Subject to the provisions of Section 206. 49) (d) Limitation on Performers’ Rights Sec. where accompanied by sounds. . "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage in broadcasting. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings.6. .5. producers of sound recordings shall enjoy the following exclusive rights: 208.1. (n) (f) Contract Terms Sec. The right of authorizing the making available to the public of their performances fixed in sound recordings. susceptible of being made visible and. and to object to any distortion. Additional Remuneration for Subsequent Communications or Broadcasts. Scope of Performers' Rights.
together with other paid premium program channels.D. . The recording in any manner. P. it does not pass itself off as the origin or author of such programs. select. rebroadcasting as defined in Article 3(g) of the International Convention for the Protection of Performers. 2002. 49a) (h) Communication to the Public on Sound Recordings Sec. authorize or prevent any of the following acts: 211. 49a) ABS-CBN vs. ABS-CBN also owns regional television stations which pattern their programming in accordance with perceived demands of the region. Clearly. ABS-CBN creates and transmits its own signals. Scope of Right. PMSI was granted a legislative franchise under Republic Act No. the copyright in works under Sections 172 Rommel A. With regard to its premium channels. Phil. 04-08-88 excludes DTH satellite television operators? Held PMSI did not infringe on ABS-CBN’s intellectual property rights under the IP Code. Section 202. and by satellite to provincial stations through Channel 2 on Very High Frequency (VHF) and Channel 23 on Ultra High Frequency (UHF). or is publicly performed with the intention of making and enhancing profit. Term of Protection. (Sec. (13) Term of Protection in General (a) Term of Protection Sec. . No. 2000 to install. No. 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. Subject to the provisions of Subsections 213. Insofar as Channels 2 and 23 are concerned.1. Fair use of the broadcast subject to the conditions under Section 185. of which the Republic of the Philippines is a signatory.D. PMSI merely carries such signals which the viewers receive in its unaltered form. Producers of Phonograms and Broadcasting Organizations.4. P. ABS-CBN filed with the IPO a complaint for “Violation of Laws Involving Property Rights. Likewise. (Sec. is “the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization. 1998 and was given a Provisional Authority by the National Telecommunications Commission (NTC) on February 1. 19. or a reproduction of such sound recording. however. 208 and 209 shall not apply where the acts referred to in those Sections are related to: 212. It broadcasts television programs by wireless means to Metro Manila and nearby provinces. broadcasting organizations shall enjoy the exclusive right to carry out. as well as the adverse effect of the rebroadcasts on the business operations of its regional television stations. (PMSI) is the operator of Dream Broadcasting System. 44. in the absence of any agreement shall share equally.1. The rebroadcasting of their broadcasts. 2002. G. On July 2. The use by a natural person exclusively for his own personal purposes. 49a) (i) Scope of Right of Broadcasting Organizations Sec. Channel 4. 2001. Multi-Media System Inc. ABS-CBN demanded for PMSI to cease and desist from rebroadcasting Channels 2 and 23.D. operate and maintain a nationwide DTH satellite service. Thus. Limitations on Rights. No. Section 6. 2002. P. 04-08-88. 48. .3. 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.R. On May 13.Sections 203. it buys the channels from content providers and transmits on an as-is basis to its viewers. It alleged that PMSI’s unauthorized rebroadcasting of Channels 2 and 23 infringed on its broadcasting rights and copyright. the Bureau of Legal Affairs (BLA) of the IPO granted ABS-CBN’s application for a temporary restraining order. (Sec. and the producer of the sound recording shall be paid by the user to both the performers and the producer. 52. 2001.2 to 213.7 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.Sections 184 and 185 shall apply mutatis mutandis to the producer of sound recordings. PMSI replied that the rebroadcasting was in accordance with the authority granted it by NTC and its obligation under NTC Memorandum Circular No. otherwise known as the 1961 Rome Convention. Inc. RPN Channel 9. 211. of their broadcasts for the purpose of communication to the public of television broadcasts of the same. The programs aired over Channels 2 and 23 are either produced by ABS-CBN or purchased from or licensed by other producers. 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. 2002 by ABS-CBN allegedly due to PMSI’s inability to ensure the prevention of illegal retransmission and further rebroadcast of its signals. and IBC Channel 13. The use of such records for fresh transmissions or for fresh recording.UNIVERSITY OF SAN CARLOS Section 210. Limitation of Right. However. NBN. PMSI Argument Broadcasting Channels 1 & 23 is subject to the must-carry rule under Memorandum Circular No. with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction. 86305 on May 7.” PMSI would not qualify as a broadcasting organization because it does not have the aforementioned responsibilities imposed upon broadcasting organizations.213.”. Use solely for the purpose of teaching or for scientific research. it offered as part of its program line-up ABS-CBN Channels 2 and 23. it cannot be said that it is engaged in rebroadcasting Channels 2 and 23. a single equitable remuneration for the performer or performers. GMA Channel 7.5. is used directly for broadcasting or for other communication to the public.1.D.If a sound recording published for commercial purposes. 211 CHAPTER XIV BROADCASTING ORGANIZATIONS Section 211. PMSI merely retransmits the same in accordance with Memorandum Circular 04-08-88. Tio Page 17 of 21 Intellectual Property Law . No. No. When it commenced operations. Philippine Multi-Media System. ABC Channel 5. thus.Subject to the provisions of Section 212. It delivers digital direct-to-home (DTH) television via satellite to its subscribers all over the Philippines.3. 209 Section 209. 4-08-88.2. P.2. . 175769-70. 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. including the making of films or the use of video tape. . such as ABS-CBN. PMSI does not produce. 47. television programs shown in Metro Manila and nearby provinces are not necessarily shown in other provinces. 213 Section 213.2 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. Communication to the Public. (Sec. 212 CHAPTER XV LIMITATIONS ON PROTECTION Section 212. PMSI suspended its retransmission of Channels 2 and 23. On April 27. negotiations ensued between the parties in an effort to reach a settlement. the negotiations were terminated on April 4. 212. and 212. On July 12. Jan. 212. 49) (j) Limitations on Rights Sec. or determine the programs to be shown in Channels 2 and 23. who. PMSI does not perform the functions of a broadcasting organization. on April 25. Thereafter. and 211.” On the other hand. Using short excerpts for reporting current events.
3. 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. 213. 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. distribute. ("TMTC") are domestic corporations. 213. 147043. That such works if not published before shall be protected for fifty (50) years counted from the making of the work. first sentence.4.5 213.1 and MS-DOS software. . 49. No. No. 23. That where. Significantly. Microsoft. of anything the sole right to do which is conferred by statute on the owner of the copyright. (Sec. 21.M. 213. BELTRON COMPUTER.D. (Sec. under Section 5(A). In May 1993. United States corporation. if unpublished. This rule also applies to posthumous works. the author's identity is revealed or is no longer in doubt. without the consent of the owner of the copyright. 213. owns the copyright and trademark to several computer software. and paraphernalia based on the search warrant applied by Microsoft. 25. a copyright owner is vested with the exclusive right to "copy.2 shall apply. protected by law.215. Hwang G. hired the services of Pinkerton Consulting Services ("PCS"). Inc. Hence. (Sec. 214 Section 214. and 213. ("PD 49") and with unfair competition under Article 189(1) of the Revised Penal Code. a Delaware. 49a) (iv) Photographic Works Sec.UNIVERSITY OF SAN CARLOS and 173 shall be protected during the life of the author and for fifty (50) years after his death. second sentence. 49a) (v)Audio-visual Works Sec.T. On 10 November 1995. At least two of the CD-ROMs were "installers. 215. No. No. P.2. Producers and Broadcasting Organizations. the protection shall be for fifty (50) years from publication of the work and. June 21. fifty (50) years from the end of the year in which the performance took place.6. Microsoft authorized Beltron. through its Philippine agent. The 12 CD-ROMs. if unpublished.5. therefore. Calculation of Term. fifty (50) years from the end of the year in which the recording took place. multiply. The receipt issued to them for the CPU and monitor bore the heading "T. and (b) For sound or image and sound recordings and for performances incorporated therein. 49) (iii) Works of Applied Art Sec. as amended. bought computer hardware (central processing unit ("CPU") and computer monitor) and software (12 computer disks ("CDs") in read-only memory ("ROM") format) from Beltron. vs. the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published: Provided. No. 4 213. Beltron Computer Philippines. P. P. 24(B).1.6 213. which is a synonymous term in this connection.R. before the expiration of the said period.2 213." so-called because they contain several software (Microsoft only or both Microsoft and nonMicrosoft).D. 215.D. The CPU contained pre-installed Microsoft Windows 3. No. P.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. Term of Protection for Performers. P. the provisions of Subsections 213. The extended term shall be applied only to old works with subsisting protection under the prior law. P. Consequently. 55. a PCS employee and an NBI agent posing as representatives of a computer shop. 49) (ii) Anonymous or Pseudonymous Works Sec. Microsoft terminated the Agreement effective 22 June 1995 for Beltron’s non-payment of royalties. as amended in January 1994. from the date of making. Producers and Microsoft Corp. accessories. 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. 24(C). further. Inc. (Sec. [and] sell" his intellectual works. 49a) (vi) Calculation of Terms Sec.D.3 213. 49) (b) Term of Protection Broadcasting Organizations Sec. (PHILS. also contained Microsoft software. Microsoft also sought the assistance of the National Bureau of Investigation ("NBI").1. In case of anonymous or pseudonymous works.D. software. 215. Microsoft learned that Beltron were illegally copying and selling Microsoft software. Microsoft and Beltron entered into a Licensing Agreement ("Agreement"). 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. or piracy.2 for Performers. Afterwards. the term shall be twenty (20) years from the date the broadcast took place. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. No. 213. (Sec. the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. user’s manuals. The PCS employee and the NBI agent were not given the Microsoft end-user license agreements." The NBI searched the premises of Beltron and TMTC and seized several computer-related hardware.) INC.D. and infringement of copyright. 24(C). . 2005 Facts Microsoft Corporation ("Microsoft"). Based on the articles obtained from Beltron and TMC. (Sec. In case of works of joint authorship. Under Section 2(a) of the Agreement. consists in the doing by any person. In case of broadcasts. In case of audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings. 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. The elements of unfair competition under Article 189(1)43 of the Revised Penal Code are: Section 215. No.2. 21. (Sec. The rights granted to performers and producers of sound recordings under this law shall expire: (a) For performances not incorporated in recordings.D. for a fee. (Sec. P. 49a) (14) Infringement (a) How committed Rommel A. encased in plastic containers with Microsoft packaging. P. Tio Page 18 of 21 Intellectual Property Law . In case of photographic works. In case of works of applied art the protection shall be for a period of twenty-five (25) years from the date of making. Microsoft alleged that respondents illegally copied and sold Microsoft software. registration cards or certificates of authenticity for the articles they purchased. a private investigative firm.D. fifty (50) years from the making. 49a) (i) Joint Authorship Sec.C. as the case may be: Provided. the term shall be fifty (50) years from date of publication and. ("Beltron") and Taiwan Machinery Display & Trade Center. and.
(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. supra Facts Issues Held (c) Criminal Penalties Sec.1. Robles ignored the demands. there is a clear case of appropriation of copyrighted work for her benefit that Robles committed. Habana found that several pages of the Robles’ book are similar. copying alone is not what is prohibited.2 CHAPTER XVII INFRINGEMENT Section 216. Any person infringing a right protected under this law shall be liable: (a) To an injunction restraining such infringement. (c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five hundred thousand pesos (P500. among others. Robles 310 SCRA 522 (1999) Facts Habana is the author of the copyrighted book entitled College English for Today (CET). Tio Page 19 of 21 Intellectual Property Law . 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. When Habana et al. In an infringement action. 217. (c) Deliver under oath. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP). or. 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. 216. (e) Such other terms and conditions. from copying. and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights. such damages which to the court shall appear to be just and shall not be regarded as penalty. scheme of presentation.2.216. (b) That the general appearance is shown in the (1) goods themselves. She circulated the book DEP for commercial use and did not acknowledge Habana as her source.217. hence. 216. or in the (2) wrapping of their packages. The court may also order the defendant to desist from an infringement. Microsoft Corp. Habana et al. immediately after customs clearance of such goods. illustrations and illustrative examples in their own book. which the court may deem proper. .UNIVERSITY OF SAN CARLOS (a) That the offender gives his goods the general appearance of the goods of another manufacturer or dealer. 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. The copying must produce an “injurious effect”. 28. if not all together a copy of Habana’s book. (d) In all cases. if appearing on the work. (b) Pay to the copyright proprietor or his assigns or heirs such actual damages. all articles and their packaging alleged to infringe a copyright and implements for making them. including legal costs and other expenses. Issues Whether or not.3 Section 217.1. filed with the Regional Trial Court. Robles still committed copyright infringement. sales invoices and other documents evidencing sales. 217. packaging to marketing. CA. molds. 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. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. . 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. thematic and sequential similarity between DEP and CET.D. despite the apparent textual. However. 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[. No. 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. Makati. as well as all plates. or in the (3) device or words therein.000) for the first offense. After an itemized examination and comparison of the two books (CET and DEP). which is a case of plagiarism and copyright infringement. Columbia Pictures Inc.000) to One hundred fifty thousand pesos (P150. a complaint for “Infringement and/or unfair competition with damages” against private respondents. and] (d) That there is actual intent to deceive the public or defraud a competitor. vs. assembling. subsidiary imprisonment in cases of insolvency. or other means for making such infringing copies as the court may order.000) for the second offense. They cover a whole range of acts. Microsoft alleged that they did not authorize Maxicorp for production or selling of their products. Maxicorp Inc 438 SCRA 224 Facts Microsoft sued Maxicorp for copyright infringement and unfair competition for production. Rommel A. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. (b) Remedies for Infringement Sec. including the payment of moral and exemplary damages. 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. 49a) Habana vs.000) to One million five hundred thousand pesos (P1.500. 216. in lieu of actual damages and profits. 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. Remedies for Infringement. In cases of infringement. vs. (d) Deliver under oath for destruction without any compensation all infringing copies or devices. under Section 184. Criminal Penalties. (Sec. installing and selling of counterfeit Microsoft’s products. wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case. upon such terms and conditions as the court may prescribe. including the mere offering for sale of the counterfeit goods. Hence.1 (b). P. for impounding during the pendency of the action. to prevent the entry into the channels of commerce of imported goods that involve an infringement. This is precisely what the law on copyright protected.000) for the third and subsequent offenses. In copyrighting books the purpose is to give protection to the intellectual product of an author. are mentioned.000) to Five hundred thousand pesos (P500. Robles committed no copyright infringement? Held No. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents. Here. as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement.
Hence. 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. (b) Distributing the article for purpose of trade. in the absence of proof to the contrary. 166337.1. copyright subsisted in the work or other subject matter. 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.D. . 218. puts in issue the questions of whether copyright subsists in a work or other subject matter to which the action relates. Three years after the parties entered into a similar contract over Chan's other musical composition entitled "Afraid For Love To Fade". 218. No. he caused the rescission of said contracts in 1997. March 7. without good faith. Chan Arguments: (1) it was never his intention to divest himself of all his rights and interest over the musical compositions in question. letting for hire. 29. BMG Records G. as assignee. Chan authorized BMG Records (BMG) to record and distribute the aforementioned musical compositions in a then recently released album of singer Lea Salonga. 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.3. However no settlement was reached by the parties. otherwise known as the Intellectual Property Code of the Philippines. Chan. In an action under this Chapter. 49a) Section 10. Inc. the composer and author of the lyrics of the two (2) songs. or (c) Trade exhibit of the article in public. shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned. In determining the number of years of imprisonment and the amount of fine. P. interests and participation over his musical composition "Can We Just Stop and Talk A While". 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. Demands were made on both to settle the matter with Bayanihan. or by way of trade offering or exposing for sale. (4) Bayanihan was remissed in its obligations under the contracts because it failed to effectively advertise his musical compositions for almost twenty (20) years.. is protected by the mere fact alone that he is the creator thereof. 219. hence.2. . 217. 218. (b) He or the person named therein is the owner of the copyright. thereby occasioning unnecessary costs or delay in the proceedings. conformably with Republic Act No. the power to administer his copyright over his two songs and to act as the exclusive publisher thereof. 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.2 of which reads: Held Rommel A. and Chan from further granting any authority to record and distribute the same musical compositions. 2005 Facts Jose Mari Chan (Chan) entered into a contract with Bayanihan Music Philippines. 8293. The natural person whose name is indicated on a work in the usual manner as the author shall.219. Section 172. otherwise known as the Intellectual Property Code. 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. in the absence of proof to the contrary.1. the trial court threaded the correct path in denying petitioner's prayer therefor. be presumed to be the maker of said work. BMG Arguments: (1) the acts of recording and publication sought to be enjoined had already been consummated. Affidavit Evidence. 219.UNIVERSITY OF SAN CARLOS 217. (3) he was not cognizant of the application made by and the subsequent grant of copyrights to Bayanihan. vs. The person or body corporate whose name appears on a audiovisual work in the usual manner shall. whereunder the former assigned to the latter all his rights. (n) Bayanihan Music Phils. (n) (e) Presumption of Authorship Sec. Inc. (c) Where the defendant.2 (d) Affidavit Evidence Sec. Any person who at the time when copyright subsists in a work has in his possession an article which he knows. without the knowledge and consent of petitioner Bayanihan.2 Section 218. or the ownership of copyright in such work or subject matter. thereby rendering moot Bayanihan's prayer for TRO and/or preliminary injunction. and (b) Where the subsistence of the copyright is established. Presumption of Authorship.2. This provision shall be applicable even if the name is a pseudonym. Bayanihan applied for and was granted by the National Library a Certificate of Copyright Registration for each of the two musical compositions. to be an infringing copy of the work for the purpose of: (a) Selling. 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. 219. enjoining respondent BMG from further recording and distributing the subject musical compositions in whatever form of musical products.Apparently. 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. (Sec. with a prayer for the issuance of Temporary Restraining Order (TRO) and/or writ of preliminary injunction. Bayanihan has no right for right for injunction over the subject musical compositions. the article. and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof. 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. Bayanihan filed a against Chan and BMG for violation of Section 216 of Republic Act No.218. be presumed to be the author of the work. Bayanihan informed Chan and BMG of its existing copyrights over the subject musical compositions and the alleged violation of such right by the two. No. or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work.2. (2) the contracts he entered into with Bayanihan are mere music publication agreements giving Bayanihan. or hire. On the strength of the abovementioned contracts. 8293.2 Section 219. (Bayanihan). (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.R. Tio Page 20 of 21 Intellectual Property Law . (2) the act against which the injunction is to be directed is a violation of such right. or ought to know. where the pseudonym leaves no doubt as to the identity of the author.
(d) Works first published in the Philippines.UNIVERSITY OF SAN CARLOS 172. Sound recordings that were first published in the Philippines. The provisions of this Act shall also apply to performers who. or have their habitual residence in. 222.The provisions of this Act on the protection of performers shall apply to: 222. 221. vs.1. suffice it to say 'that such purported copyrights are not presumed to subsist in accordance with Section 218[a] and [b]. (n) (d) For Broadcast Sec. The copyrights obtained by Bayanihan on the basis of the selfsame two (2) contracts. 220 Section 220. or (b) Are incorporated in sound recordings that are protected under this Act. Shoemart Inc.2. . 221. Points of Attachment for Performers. 224. (n) (15) Points of Attachment of Rights (a)For Literary and Artistic Works and Derivative Works Sec. Performers who are nationals of the Philippines. International Registration of Works. Points of Attachment for Sound Recordings. August 15. and to producers of sound recordings and broadcasting organizations which.224.2. 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. 148222. . Tio Page 21 of 21 Intellectual Property Law . Points of Attachment for Works under Sections 172 and 173.1 CHAPTER XVIII SCOPE OF APPLICATION Section 221. 2003 Facts Issues Held (b) For Performers Sec.2.The provisions of this Act on the protection of sound recordings shall apply to: 223.A statement concerning a work. (c) Works of architecture erected in the Philippines or other artistic works incorporated in a building or other structure located in the Philippines. G. Performers who are not nationals of the Philippines but whose performances: (a) Take place in the Philippines. . 222 Section 222. of the Intellectual Property Code. .221.1. as well as of their content. 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. shall be construed as true until the contrary is proved except: 220. quality and purpose. 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. (b) Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines. 221. because respondent Chan had put in issue the existence thereof. or (c) Which has not been fixed in sound recording but are carried by broadcast qualifying for protection under this Act. (n) (c) Of Sound Recordings Sec. Works are protected by the sole fact of their creation.2. Where the statement is contradicted by another statement recorded in the international register. Where the statement cannot be valid under this Act or any other law concerning intellectual property. 223 Section 223.1. 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.R. Points of Attachment for Broadcasts. . and (b) Broadcasts transmitted from transmitters situated in the Philippines.2. (f) International Registration of Works Sec.1. irrespective of the nationality or residence of the authors. recorded in an international register in accordance with an international treaty to which the Philippines is or may become a party.2 Section 224. 220. irrespective of their mode or form of expression. the Philippines. and (e) Works first published in another country but also published in the Philippines within thirty days. 224.1. 224.2. (n) Pearl & Dean Inc. (n) Rommel A. and 223. No. Sound recordings the producers of which are nationals of the Philippines.
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