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Annex A - CLASSES OF MERCHANTS

Foreign Merchants Filipino Merchants
To be a merchant in the Philippines, foreign individuals are:
1. Subject to the laws of their country with respect to their capacity to
contract
2. Subject to the provisions of the Code of Commerce as regard the
creation of their establishments in Philippine territory, their
mercantile operations and the jurisdiction of the Philippine courts

To be a Filipino merchant, an individual must have:
1. Legal capacity to engage in commerce
2. Habitually engage himself therein
3. Be 18 years of age (RA 6809)
4. Not subject to the authority of the father or the mother not to
marital authority
5. Free disposition of his property (Art. 1 and Art. 4, Code of
Commerce)
To be a merchant in the Philippines, foreign corporations need a license
from the Securities and Exchange Commission, as a general rule.

The above-mentioned provisions shall be understood to be without
prejudice to what, in particular cases, may be established by treaties or
agreements with other powers. (Art. 15, Code of Commerce)

A Filipino corporation or association, to be a merchant, must be:
1. Commercial or industrial companies
2. Created in accordance with existing legislation
3. With legal capacity to engage in commerce and;
4. Habitually engaged therein.



Annex B RULE ON COMMERCIAL REGISTRIES

Individual merchants Juridical Persons Shipowners
1. Where to register In Metro Manila: Bureau of
Domestic Trade

In the provinces: Register of
Deeds
Securities and Exchange Commission Bureau of Coast Guard at the various points
of entry in the Philippines
2. Registration:
Optional or mandatory
Optional Compulsory

Partnerships with a capital of 3,000
pesos or more or where the contributions
consists of real properties is compulsory.
(Article 1772, Civil Code)
Compulsory for those with more than a
gross tonnage of 3 tons

Issuance of Certificate of Philippine registry
1. compulsory - if vessel is more than 15
tons gross
2. optional if vessel is 15 tons gross or
less
3. Effect of Failure to
Register
Individual merchant cannot:
1. request the inscription of
any document in the
mercantile registry nor
2. take advantage of its
effects
(Article 18, Code of Commerce)
Corporations: Failure to register the
articles of incorporation will not create
the corporation.

Partnerships: Failure to register does not
affect the existence of the juridical
personality, whether or not it has a
capital of 3,000 pesos or more or real
estate properties in contributions by the

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partners.
Annex C COMPARISON OF JOINT ACCOUNT AND COMMERCIAL PARTNERSHIP

Joint Account Commercial Partnership
1. Common name None Exists
2. Common fund None Exists
3. J uridical personality None Exists
4. Liability of partners to
third persons
Only the ostensible partner is liable. All general partners are liable to third persons.
5. Management Account is managed by the ostensible partner alone. All partners participate in the management, unless they agree
to have a managing partner.



Annex D COMMON TYPES OF LETTERS OF CREDIT

1. Irrevocable vs.
Revocable
Revocable - can be cancelled or amended at any time before payment; it is intended to serve as a means of
arranging payment but not as a guarantee of payment.

Irrevocable obligates the issuing bank to honor drafts drawn in compliance with the credit and can be neither
cancelled nor modified without the consent of all parties, including in particular the beneficiary/exporter.
2. Confirmed vs.
Unconfirmed
Confirmed Both the drawer bank and the drawee bank are obligated to honor drafts in compliance with the
credit.

Unconfirmed is the obligation only of the issuing bank.
3. Revolving vs.
Non-Revolving
Revolving is one that is valid for several transactions over a given period of time such as a week or a month.
Most revolving letters of credit are issued in revocable form.

Non-revolving is one that is valid for one transaction only.
4. Cumulative vs.
Non-Cumulative
Cumulative is one wherein the undrawn amounts carry over to the future periods.

Non-cumulative is one wherein any amount not used by the beneficiary during the specified period may not
be drawn against in a later period.
5. Standby Letter
of Credit
A security arrangement for the performance of certain obligations. It can be drawn against only if another
business transaction is not performed. It may be issued in lieu of a performance bond.

They cannot be controverted into contracts of guaranty because banks are not allowed to enter into contracts
of guaranty or surety except in certain instances. This class of letters of credit are primary obligations, not
accessory contracts. (Insular Bank of Asia vs. IAC et.al, G.R. No. 74834, November 17, 1988)
6. Back to Back
Letter of Credit
A credit with identical documentary requirements and covering the same merchandise as another letter of
credit, except for a difference in the price of the merchandise as shown by the invoice and the draft. The
second letter can be negotiated only after the first is negotiated.



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Annex E OTHER LIABILITIES OF A WAREHOUSEMAN

Situations Effects
Failure to mark a
receipt intended to
be non-negotiable
as non-negotiable
A holder of a receipt who acquired the same for value supposing it to be negotiable may treat such receipt as
imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable.

Note: The holder cannot be the original holder because, as the depositor, he is presumed to know whether he is
getting a negotiable or a non-negotiable receipt.
Failure to take up
and cancel a
negotiable receipt
(i.e. one the
negotiation of which
would transfer the
right to the
possession of the
goods) when goods
are delivered
The warehouseman shall be liable for failure to deliver goods to anyone who purchases for value in good faith the
receipt, whether or not purchaser acquired title to the receipt before or after the delivery of goods by the
warehouseman.

He shall be also guilty in such case of a crime punishable by fine, imprisonment or both.

Exception: Warehouseman is not liable where the goods:
1. have been lawfully sold to satisfy the warehousemans lien
2. have been lawfully sold or disposed of because of their perishable or hazardous nature.


Failure to take up
and cancel a
negotiable receipt or
to place upon it a
statement of what
goods have been
delivered, when
goods are partly
delivered
The warehouseman shall be liable for failure to deliver goods to anyone who purchases for value in good faith the
receipt, whether or not purchaser acquired title to the receipt before or after the delivery of goods by the
warehouseman.

He shall be also guilty in such case of a crime punishable by fine, imprisonment or both.

Exception: Warehouseman is not liable where the goods:
1. have been lawfully sold to satisfy the warehousemans lien
2. have been lawfully sold or disposed of because of their perishable or hazardous nature.
Altered receipts 1. Where alteration is immaterial warehouseman shall be liable according to the terms of the receipts as
originally issued.
2. Where alteration is authorized warehouseman shall be liable according to the terms of the receipts as
altered.
3. Where the alteration is unauthorized but without fraudulent intent warehouseman shall be liable
according to the terms of the receipts as they were before the alteration
4. Where the alteration is material and with fraudulent intent warehouseman shall be liable according to
the terms of the receipts as originally issued even:
a. To a purchaser of a receipt for value without notice of the alteration
b. To a person who made the alteration and
c. To any person who took it with notice of the alteration.
Note: Such material and fraudulent alteration shall excuse the warehouseman from any other liability to the said
persons.
Non-existence or
misdescription of
General Rule: Warehouseman liable to the holder of a receipt for damages.
Exceptions: No such liability if the goods are described in the receipt merely
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goods a. By a statement of marks or labels upon them or upon the packages containing them
b. By a statement that the goods are of a certain kind or that the packages containing the goods contain
goods of a certain kind or by words of similar import
Situations Effects
Commingled goods Warehouseman shall be liable severally to each depositor for the care and re-delivery of the depositors share of
the mass of commingled goods to the same extent and under the same circumstances as if the goods had been
kept separate.
Issuing receipts for
goods not received
Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
Issuing receipts
containing false
statements
Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
Issuing duplicate
receipts not so
marked
General Rule: Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
Exception: In case of a lost or destroyed receipt after proceedings as provided for in Sec. 14
Issuing receipts for
the warehousemans
goods which do not
state the fact that
goods are owned by
him (the
warehouseman),
solely or jointly or in
common with others.
Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
Delivery of goods
without obtaining
negotiable receipt
Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.

Note: Liability for the aforementioned acts is not limited to the warehouseman only but may extend to any officer, agent or servant of the warehouseman.

Annex F NEGOTIABLE INSTRUMENTS vs. NEGOTIABLE DOCUMENTS OF TITLE


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Annex G NEGOTIABLE INSTRUMENTS VS. NON-NEGOTIABLE INSTRUMENTS

















Annex H REMEDIES OF THE TRUE AND ACTUAL INVENTOR

Section 68. If a person, who was deprived of the patent, without his consent or
through the fraud is declared by final court order or decision to be the true and
actual inventor, the court shall:

1. Order for his substitution as patentee or
Section 67. The person having the right to the patent, pursuant to Section 68,
may, within three (3) months after the decision has become final:

1. Prosecute the application as his own application in place of the
applicant;
Negotiable Instruments Negotiable Documents of
Title

Have requisites of Sec. 1
of the NIL
does not contain requisites
of Sec. 1 of NIL
Have right of recourse
against intermediate
parties who are
secondarily liable
no secondary liability of
intermediate parties
Holder in due course
may have rights better
than transferor
transferee merely steps into
the shoes of the transferor
Subject is money subject is goods
Instrument itself is
property of value
instrument is merely
evidence of title; thing of
value are the goods
mentioned in the document
Negotiable
Instruments
Non-negotiable Instruments

Contains all the
requisites of Sec. 1 of
the NIL
Does not contain all the
requisites of Sec. 1 of the NIL
Transferred by
negotiation
Transferred by assignment
Holder in due course
may have better
rights than transferor
Transferee acquires rights only
of his transferor

Prior parties warrant
payment
Prior parties merely warrant
legality of title
Transferee has right
of recourse against
intermediate parties
Transferee has no right of
recourse

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2. At the option of the true inventor, cancel the patent and
3. Award actual and other damages in his favor, if warranted by the
circumstances.
2. File a new patent application in respect of the same invention;
3. Request that the application be refused; or
4. Seek the cancellation of the patent, if one has already been issued.

The new patent application in this section shall also comply with the
requirement of the unity of invention rule.
(Section 69) Publication of the Court Order in Sections 67 and 68 must be
made in the
1. IPO Gazette,
2. Within three (3) months from the date such order or decision became
final and executory and
3. Shall be recorded in the register of the Office.
(Section 70) Time to file Action in Court Actions in Sections 67 and 68
must be filed within one (1) year from the date of the publication of the
application and the refusal to grant patent by the Director, respectively.

Annex I REMEDIES OF A PATENT OWNER AGAINST INFRINGEMENT

CIVIL ACTION FOR INFRINGEMENT CRIMINAL ACTION FOR REPETITION OF INFRINGEMENT
WHO MAY FILE
1. Any patentee
2. Anyone possessing any right, title or interest in and to the patented
invention whose rights have been infringed

Be CIVILLY LIABLE for:
1. damages sustained thereby if inadequate or cannot be readily
ascertained with reasonable certainty, the court may award by way of
damages a sum equivalent to reasonsable royalty. Court, according to
the circumstances of the case, may award damages in a sum above the
amount found as actual damages sustained, provided it does not
exceed three (3) times the amount of such actual damages.
2. attorneys fees and other expenses of litigation

COURT may
1. upon petition of the aforementioned, order an injunction for the
protection of the rights of a patentee or anyone possessing any right,
title or interest in and to the patented inventions whose rights have been
infringed
2. in its discretion, order that the infringing goods, materials and
implements predominantly used in the infringement be disposed of
outside the channels of commerce or destroyed, without compensation.
WHAT - Infringement is repeated

WHO MAY BE HELD LIABLE The infringer or by anyone in connivance with
him

WHEN After the finality of the judgment of the court against the infringer

Be CRIMINALLY LIABLE therefore, and upon conviction, shall:
1. suffer imprisonment for the period of not less than six (6) months but
not more than three (3) years and/or
2. fine not less than One hundred thousand pesos (P100,000) but not
more than Three hundred thousand pesos (P300,000), at the discretion
of the court.

WITHOUT prejudice to the institution of a civil action for damages

PRESCRIPTION Crime shall prescribe in three (3) years from the date of the
commission of the crime


Annex J PROHIBITED CLAUSES AND MANDATORY CLAUSES IN A VOLUNTARY LICENSING CONTRACT

PROHIBITED CLAUSES - Except in cases under Section 91, the following
provisions shall be deemed prima facie to have an adverse effect on
competition and trade:
MANDATORY CLAUSES The following provsions shall be included in a
voluntary license contract
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13. those which prevent the licensee from adapting the imported
technology to local conditions, or introducing innovation to it, as long as
it does not impair the quality standards prescribed by the licensor;
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14. those which exempt the licensor for liability for non-fulfillment of his
responsibilities under the TTA and/or liability arising from third party
suits brought about by the use of the licensed product or the licensed
technology and

1. those which impose upon the licensee the obligation to acquire them
from a specific source capital goods, intermediate products, raw
materials and other technologies, or of permanently employing
personnel indicated by the licensor;
2. those pursuant to which the licensor reserves the right to fix the sale or
resale prices of products manufactured on the basis of the license;
3. those that contain restrictions regarding the volume and structure of
production;
4. those that prohibit the use of competitive technologies in a non-
exclusive technology transfer agreement;
5. those that establish a full or partial purchase option in favor of the
licensor;
6. those that obligate the licensee to transfer for free to the licensor the
inventions or improvements that may be obtained through the use of the
licensed technology;
7. those that require payment of royalties to the owners of patents for
patents which are not used;
8. those that prohibit the licensee to export the licensed product unless
justified for the protection of the legitimate interest of licensor such as
exports to countries where exclusive licenses to manufacture and/or
distribute the licensed products have already been granted;
9. those which restrict the use of the technology supplied after the
expiration of the technology transfer arrangement, except in cases of
early termination of the TTA due to reasons attributable to the licensee.
10. those which require the payment for patents and other industrial
property rights after their expiration, termination arrangement;
11. those which require that the TTA recipient shall not contest the validity
of any of the patents of the technology supplier;
12. those which restrict the research and development activities of the
licensee designed to absorb and adapt the transferred technology to
local conditions or to initiate research development programs in
connection with new products, processes or equipment;
15. other clauses with equivalent effects
1. That the laws of the Philippines shall govern the interpretation of the
same and in the event of litigation, the venue shall be the proper court
in the place where the licensee has its principal office;
2. Continued access to improvement in techniques and processes related
to the technology shall be made available during the period of the TTA;
3. In the event the technology transfer arrangement shall provide for
arbitration, the Procedure for Arbitration of the Arbitration Law of the
Philippines or the Arbitration Rules of the United Nations Commission
on International Trade Law (UNCITRAL) or the Rules of Conciliation
and Arbitration of the International Chamber of Commerce (ICC) shall
apply and the venue of arbitration shall be the Philippines or any
neutral country; and
4. Philippine taxes on all payments relating to TTA shall be borne by the
licensor.

Annex K - GROUNDS FOR THE GRANT OF COMPULSORY LICENSE

PUBLIC INTEREST GROUNDS TO PREVENT ABUSE OF THE
EXCLUSIVE RIGHTS OF THE PATENTEE
GROUNDS BASED ON INTERDEPENDENCE OF
PATENTS
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1. National emergency or other circumstances
of extreme urgency
2. Where the public interest in particular
national security, nutrition, health or the
development of other vital sectors of the
national economy as determined by the
appropriate agency of the government, so
requires
1. Where judicial or administrative body has
determined that the manner of exploitation
by the owner of the patent is anti-
competitive
2. In case of non-commercial use of the patent
without satisfactory reason
3. If the patented invention is not being worked
in the Philippines on a commercial scale
provided that the importation of the patented
article shall constitute working of the patent
(the petition for compulsory license based
on this ground may not be filed before the
expiration of four (4) years from the date of
the filing of the application or three (3) years
from the date of the patent whichever
expires last)
If the invention protected by a patent (second
patent) within the country cannot be worked without
infringing another patent (first patent) granted on
prior application, a compulsory license may be
granted to the owner of the second patent if: first, if
the second patent involves an important technical
advance of considerable economic significance;
second, the owner of the first patent shall be entitled
to a cross license of the second patent and third, the
use of the first patent shall be co-assignable except
with the assignment of the second patent.






Annex L GROUNDS FOR REFUSAL OF TRADEMARK REGISTRATION

ABSOLUTE GROUNDS FOR REFUSAL RELATIVE GROUNDS FOR REFUSAL
The examiner checks if the mark can distinguish the goods and services
of one person from those of another. It must not:

1. Be a generic term for the goods or services specified in the application;
2. Designate the quality, quantity, value, geographic origin or other
characteristics of the goods;
3. Become a customary sign in everyday language or in a bona fide and
established trade practice;
4. Consist of shapes that may be necessitated by technical factors or by
the nature of or the intrinsic value of the goods or services;
5. Consist of color alone; and
6. Be contrary to public order or morality.
The examiner also checks if the mark does not violate the rights of
others. It must not:
1. Consist the flag or coat-of-arms of other insignia of the
Philippines or of any other foreign nation;
2. Consist of a name, portrait or signature identifying a living individual or
the name, signature of a deceased president of the Philippines during the life of
his widow (written waivers are allowed to obtain their registration);
3. Be identical with or nearly resembles a prior registered mark
or a mark with an earlier filing date with respect of the same or closely related
goods or services as to likely deceive or confuse the customers regarding the
source or origin of the goods or services;
4. Be identical with or confusingly similar to an internationally well-known
mark, whether or not registered in the Philippines; provided that:
a. If it is not registered in the Philippines, it can be a basis to refuse the
registration of a mark only if the goods or services specified in the application
are identical or similar to those in respect of which the internationally well-
known mark is known or used in the Philippines; and
b. If it registered in the Philippines, it can be a basis to refuse the
registration of a mark even if the goods or services specified in the application
are not identical or similar with those in respect of which the internationally well-
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Annex M TRADEMARK INFRINGEMENT vs. UNFAIR COMPETITION

TRADEMARK INFRINGEMENT UNFAIR COMPETITION
What Is? Unauthorized use of a trademark Passing off of ones product for another based on
general appearance
Bad faith/intent
necessary?
No. Intent to deceive/fraudulent intent is essential.
Registration of the
trademark required?
Prior registration is required. Registration is not necessary.

Annex N CIVIL, CRIMINAL AND ADMINISTRATIVE REMEDIES AGAINST TRADEMARK INFRINGEMENT

ADMINISTRATIVE CIVIL CRIMINAL
If the amount of the damages claimed is not less than
to seek redress against the infringer by filing an
administrative action against the infringer with the
BLA.

The questions that the BLA will have to resolve are
also the same as in the civil action for infringement
as discussed above.

The registrant may likewise ask the BLA for an
order directing the infringer to immediately stop the
manufacture and sale of the infringing goods while
the administrative case is being heard. The BLA
may, like the courts, in case of a finding that
infringement has been committed, direct the
infringer to pay the registrant damages and to
permanently stop from using the infringing mark.
In addition, the BLA may also impose a fine which
the infringer will pay to the government.

To quickly prevent the infringer from causing
damage to his business, the owner of a registered
mark may, at the early stage of the trial of the
case, ask the court to issue a preliminary injunction.
The court usually grants this request if the case for
infringement is strong.

In case of a finding that there is an infringement,
the court will require the defendant to pay damages
to the owner of the mark (provided the
defendant is shown to have had notice of the
registration of the mark, which is presumed if R
within a circle is appended to the mark) and stop
him from permanently using the infringing mark.

The requirements to establish an infringement are:
1. The mark infringed is registered with the BT,
and
2. The defendant is using an identical or
similar sign which is likely to deceive or confuse
consumers that the goods of the infringer are the
products of the registrant. A presentation of the
goods or labels using the registered mark and the
goods or labels bearing the infringing mark may be
necessary.
The first step is to carry out an investigation of the
operations of the infringer to determine:
1. The identity of the manufacturer or its
affiliates; where he manufactures the infringing
goods; and
2. His marketing network.

The next step is to apply with the court for the
issuance of an order to search the places where the
infringement is being carried out and to seize the
infringing goods. The judge, after a hearing, issues
the search and seizure warrants only if there is
probable cause that infringement has been
committed. The police or the National Bureau of
Investigation (NBI) will conduct the raid and the
infringing goods seized will be placed under custody
of the court.Thereafter, a complaint will be filed with
the State Prosecutor who will hold a hearing and, on
the basis of evidence presented, decide whether to
charge the alleged infringer of the crime of trademark
or service mark infringement. If he decides
affirmatively,inappropriate information is filed with
the court. A warrant of arrest will then be issued.
The requirements to establish infringement in a
criminal action are the same as those in the civil
except that in the criminal action, the infringement
must be shown to have been committed deliberately.

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The criminal penalty for trademark infringements
claimed consists of imprisonment from two (2) years
to five (5) years and a fine ranging from 50,000.00
to 200,000.00.


Annex O CAUSES OF ACTION IN TRADEMARK INFRINGEMENT

CAUSES OF ACTION REMEDIES RELIEFS
1. Trademark Infringement
2. Unfair Competition
3. Trademark Dilution lessening of the
capacity of a famous mark to identify and
distinguish goods or services, regardless of
the presence or absence of: (1) competition
between the owner of the famous work and
other parties or (2) likelihood of confusion,
mistake or deception. To be eligible for
protection from dilution, there has to be a
finding that:
a. trademark sought to be protected is
famous and distinctive
b. use by respondent began after the
petitioners mark became famous
c. subsequent use defames
petitioners mark
1. Civil Actions
2. Criminal Actions
3. Administrative if value involved exceeds
200k, file it in the IPO but if less than 200K,
file it in DTI.
1. Injunction
2. Damages
3. Destruction


Annex P ORIGINAL WORKS

LITERARY or ARTISTIC
WORKS
EXPLANATIONS
1. original intellectual creations
2. in the literary & artistic domains
3. protected from the moment of their creation
1. books, pamphlets, articles
and other writings (BPA)
In order to prove infringement, must show: (1) defendant: had access to the copyrighted work
(2) substantial similarity between the two works
2. periodicals and newspapers Do not apply sweat of the brow approach. If cant avail of this: think unfair competition.
3. lectures, sermons, addresses,
dissertations (LADS) prepared
for oral deliver (regardless of
whether its reduced to writing or
any material form or not)
Must be for Oral delivery.
To be free, Use justified by informatory purpose.
4. letters Expressive content =subject of copyright unpublished letters: protected from fair use copying
5. dramatic or dramatico-musical
compositions, choreographic
Must consist of a plot and incident and characters.
Do not include social dance steps & simple routines.
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works or entertainment in dumb
shows
6. musical compositions (with or
without works)
Elements of originality: melody, rhythm, and harmony (RHM)
Protects: artistic whole of music and words alone or music alone; 2-4 bars constitute protectible expression
Similarity of (1) ideas: objective
(2) expression: impact to a reasonable person
7. works of drawing, painting,
architecture, sculpture,
engraving, lithography
(DAPSEL) or other works of art,
models or designs (MD) for
works of art

8. orig ornamental
designs/models (OODM) for
articles of manufacture (WON
registrable as an industrial
design and other works of
applied art)
Works of applied art (example: animal styled duffle bags)
1. artistic creation with utilitarian functions or incorporated in a useful article
2. whether made by hand or produced on an industrial scale

9. illustrations, maps, plans,
sketches, charts (PIMS-C) and
3-dimensional works relative to
geography, topography,
architecture or science (GATS)
Must have an indicum of creativity.
10. drawings or plastic works of
a scientific/technical character

11. photographic works
(including works of process of
analogous character and lantern
slides)
Whether in print or negative form.
Including filmstrips, slide films and individual slides
Precludes any other unauthorized copying by photocopying, drawing or whatever.
12, AV works/cinematographic
works (and works produced
analogous process)
1. images
2. give the impression of motion
3. susceptible of being made visible or audible thru machines or devices
13. pictorial illustrations/ads Even without text, pictorial illustrations still protected.
Ads: protected whether written or visual
14. computer programs Protected whether source or object code
15.Other literary, artistic,
scholarly and scientific works
(LASS)




Annex Q INTERNATIONAL CONVENTIONS GOVERNING COPYRIGHT

BERNE CONVENTION ROME CONVENTION GATT- TRIPS AGREEMENT WCT (Copyright Treaty) and
WPPT (Performers and
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To establish uniform copyright
regimes.

3 Core Principles:
1. National Treatment
2. Automatic Protection
3. Independence of Protection

To establish such regimes for
performers, phonogram producers and
broadcasting orgs.

Phils: acceded in 1984

Effect: creating or extending copyright
protection to Neighboring Rights
Fundamental Principles:
1. Minimum Standard
2. National Treatment
3. Most Favoured Nation (FIPA)
immediately and
unconditionally

Features:
1. Compliance w/ Berne and
Rome
2. Protect computer
programs/databases
3. Period of protection: proposed
other than lifetime of author
4. Limitations: normal
exploitation and unreasonably
prejudice
Rights Management
Information
1. work
2. identify author of the
work or copyright
owner
3. t&c of conditions of
work
4. #s and codes: relevant

Fixation
1. embodiment of sounds
or images
2. capable of being
received, perceived, or
communicated

Point of Comparison for WCT
& WPPT:
1. storage of works in
digital sys
2. transmission in digital
networks
3. technological
measures of protection
4. statutory protection
5. remedies
limitations: normal exploitation
and unreasonably prejudice


Annex R DERIVATIVE WORKS


DERIVATIVE WORKS shall also be protected by copyright
1. Dramatizations, translations, adaptations, arrangements,
abridgments and other alterations of literary works
2. Collections of literary, scholarly or artistic works (LAS) and
compilations of data & other material (which original coz of their
selection, coordination or arrangement of their contents)

MANNER OF PROTECTION
1. as new works
2. new work shall not affect

PUBLISHERS RIGHTS: as to PUBLISHED NEW EDITION OF WORK
1. right to publish (as granted by authors, heirs, or assigns)
2. right of reproduction: typographical arrangement of the
published edition of the work

PROHIBITS: reproducing by photographic or similar process of
reproduction of the typographical arrangement.

REQS:
1. must be substantially similar to the orig work (such that absent
QuickTime and a

TIFF (Uncompressed) decompressor
are needed to see this picture.
a. force of any subsisting copyright upon orig. works or any
part thereof
b. be construed to imply any right to use of the orig works
c. to secure/extend copyright in orig works


license, its infringement) borrow orig and expressive content
from orig work
2. must recast, transform or adapt (RAT) work

ABRIDGE: is to shorten but the essence and import is still there
CHANGE OF MEDIUM or LANGUAGE: accounts as derivative

Annex S COPYRIGHT OR ECONOMIC RIGHTS

ECONOMIC RIGHTS EXPLANATIONS
1. reproduction of work or
substantial portion thereof
5 EXCLUSIVE RIGHTS: (1) reproduce, (2) distribute, (3) perform, (4) display, and (5) prepare derivative works based
upon copyrighted works (RDPDD)
2. dramatization,
translation, adaptation,
abridgment, arrangement
or transformation of work
Reqs for SUBSTANTIAL VARIATION
1. work: must borrow original & expressive content from another work
2. work: recast, adopt or transform in any manner the original
3. first public distribution of
orig or each copy (by sale
or other modes of
transferring ownership)
FIRST SALE DOCTRINE
1. Copyright holder has the exclusive right to control the first public distribution of the original and each copy of the
work
2. by sale or other forms of transfer of ownership
3. But this right is exhausted after such first sale or transfer of ownership (only exhausts DISTRIBUTION RIGHT)

IN EFFECT: the OWNER of the LAWFULLY ACQUIRED orig or copies of the work: may dispose of em in any manner
w/o any liability to the copyright proprietor
4. rental (irrespective of
ownership of orig and copy
subject of rental)

5. public display of
orig/copy of work
Public display seen by substantial number of persons outside of the normal circle of family and social acquiantances
6. public performance of
work for profit
Does copyright owner have right to stop import? YES, NEGATIVE RIGHT.
7. Other communication to
the public of the work.


Annex T OWNERSHIP OF COPYRIGHT

ORIGINAL LITERARY &
ARTISTIC WORKS = Author of
the work

JOINT AUTHORSHIP = orig
owners of the copyright
1. absent agreement,
governed by rules on co-
ownership
WORK created by an author
DURING & IN THE COURSE
OF HIS EMPLOYMENT

Copyright belongs to
Employee if =
1. creation: not part of his
regular duties
2. even if he used time,
WORK commissioned by person
OTHER than employer

WORK belongs to one who
commissioned
COPYRIGHT belongs to the creator
(unless written contrary stipulation)

LETTERS =writer (subject to Art 723
Audio Visual WORKS =copyright
owned by:
1. producer
2. author of scenario
3. composer of the music
4. film director
5. photographic director AND
6. author of the work adapted.

QuickTime and a
TIFF (Uncompressed) decompressor

are needed to see this picture.
2. if parts can be used
separately and author of
each part be identified =
author of each part shall
be orig owner for
purposes of copyright

SHARE IN BENEFITS &
CHARGES proportional to their
interest (contrary stipulation is
VOID)
facilities and materials of
employer (MTF)

Copyright belongs to
Employer if =work is a result
of performance of his regularly-
assigned duties (unless
contrary agreement, express or
implied)

AUTOMATIC VESTING
between employer and
employee of copyright is
prohibited allowed vesting
AFTER creation
of Civil Code)


ANONYMOUS/PSEUDONYMOUS
WORKS =publishers unless:
1. contrary appears
2. pseudonyms/adopted
name: leave no doubt as to
authors identity
3. author of anonymous
works: discloses his identity

- anonymous: no name of natural
person;
- pseudonymous: use of fictitious
name


Annex U TERM OF PROTECTION

Artistic/Literary
works
Joint authorship Anonymous or
Pseudonymous works
Applied Art works Photographic works AV works
1. Protected
during the
life of the
author.
2. Protected
for 50
years after
his death.

- applies to post-
humous works
Economic rights
protected
during lifetime of
last surviving
author and for 50
years after his
death



1. Protected for 50 years
from date which work is
lawfully published
2. Where before
expiration of period,
authors identity is out,
50 year rule applies
3. If not published,
protected for 50 years
from the making of
work
Protected for 25 years
from the making.

CALCULATION OF
TERM for the period
after the death of the
author: always deemed
to begin on the 1
st
day of
J anuary of the year after
the death.
Published: 50 years
from publishing

Unpublished: 50 years
from making

Published: 50 years
from publishing

Unpublished: 50
years from making






Annex V REMEDIES AGAINST INFRINGEMENT

CRIMINAL CIVIL ADMINISTRATIVE
1. Hardest to prove: proof beyond
reasonable doubt
2. Immediate relief: needed by seizure of the
means of the production so that even if
the case goes on for 10K years, he cant
manufacture japex
3. Most expensive: you pay for TM
1. file: when you have to prove substantial
copying (when case is not 100% copying)
and when you think theyll put up the fair
use defense
2. takes so long to get an injunction so if you
want immediate action, dont file civil.

1. file this: only when case is against
retailers and you dont expect to get
substantial damages.

Delivery under oath can be done even in civil
cases, so no need to get seizure in civil cases.

QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

investigators, lawyers, fiscals to DOJ
4. Pay for storage or else evidence will be
lost
J urisdiction:
200K above Intellectual Property Office
below 200K DTIs Bureau of Trade Regulation &
Consumer Protection
Proof of:
Actual damages sales receipts
Sourcing of goods get the big cats

Annex W DEPOSIT AND NOTICE REQUIREMENTS

After the 1
st
public dissemination by
authority of copyright owner of:
1. books, pamphlets, articles
and other writings
2. periodicals and newspapers
3. lectures, sermons,
addresses, dissertations
prepared for oral delivery
(LADS) whether reduced in
writing or other material
form
4. letters
1. give (2) complete copies or reproductions of such works: such form as directors of libraries may
prescribe
2. by registered mail/personal delivery
3. w/in 3 weeks after dissemination
4. for the purpose of completing records of National Lib and SC

CERTIFICATE OF DEPOSIT
1. prescribed fee collected
2. exempt from making addtl deposit under other laws

IF w/in 3 weeks after receipt of written demand for such deposit, such are not delivered nor fees paid
liable to pay FINE (equiv. to required fee per month of delay and pay price of the best edition of the work
to National Lib AND SC.

NOTICE OF COPYRIGHT: contain (1) name of copyright owner, (2) year of 1
st
publication, and for copies
produced after testators death, (3) year of such death.

Annex X NOTICE REQUIREMENTS

COGSA Code of Commerce Warsaw Convention
Loss/damag
e apparent
Protest at time of
receipt of goods
protest at time of
receipt of goods

Loss/damag
e not
apparent
Protest within 3
days from delivery
Protest within 24
hours after receipt

Damage of
baggage
protest within 3 days
from receipt
Damage of
goods
within 7 days from
receipt
Delay within 21 days from
receipt