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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
INTRODUCTION Facts: Issues: Held: Samson vs. It is also the policy of the State to streamline administrative procedures of registering patents. and to enhance the enforcement of intellectual property rights in the Philippines. unfair competition. No. To this end.1. as amended. 1999 SEC. 1997 The Philippines joined WTO as a founding member with the goal. 166. R. weak and underdeveloped countries were at a disadvantage. 8293. (5) Intellectual Property Rights – Trademark. Samson filed a motion to for the quashal of information for lack of jurisdiction. R. unlawfully and feloniously distribute. No. . 8293? Held: No. No. 8293.1.A. 285. as amended) Section 2. Had R. the prior adopter. Republic Act No. “WALKING MACHINES” and “TRACK-TYPE TRACTOR & DESIGN.” and it would have simply stated “Republic Act No. No. accessories and paraphernalia which are closely identical to and/or colorable imitations of the authentic Caterpillar products and likewise using trademarks. 166. 285. bags. is consistent and in harmony with Section 163 of R.R. trademarks and copyright. PD 49 and PD 285 were repealed. Copyright and Patents Sec.A. Nos. All Acts and parts of Acts inconsistent herewith. user and owner of the following internationally: “CATERPILLAR”. No. 8293. .A. is imprisonment from 2 to 5 years and a fine ranging from Fifty Thousand Pesos to Two Hundred Thousand Pesos. 165. hereof shall be brought before the Court of First Instance. 49. .” It would have removed all doubts that said specific laws had been rendered without force and effect. 118295.A. owner/proprietor of ITTI Shoes/Mano Shoes Manufactuirng Corporation located at Robinson’s Galleria. through the reduction of tariffs on its exports.A. . 166. and (the attraction of) more investments into the country. No." Although the Chief Executive did not expressly mention it in his letter. 7691. – All actions under this Chapter [V – Infringement] and Chapters VI [Unfair Competition] and VII [False Designation of Origin and False Description or Representation]. including Presidential Decree No. attracts foreign investments. 27. It shall protect and secure the exclusive rights of scientists. treaty or agreement relating to intellectual property rights or the repression of unfair competition. including Presidential Decree No. No. 8293 intended to vest jurisdiction over violations of intellectual property rights with the Metropolitan Trial Courts. sued Samson for unfair competition in RTC. Mirpuri vs. Notably. more particularly Republic Act No. The use of the phrases “parts of Acts” and “inconsistent herewith” only means that the repeal pertains only to provisions which are repugnant or not susceptible of harmonization with R.A.A. otherwise.A. – 239. “CATERPILLAR & DESIGN”. (4) Did RA 8293 repeal existing laws on intellectual property? NO. Daway G.7 Section 27 of R. treaty or reciprocal law. 1998. No. “CAT”. sell and/or offer for sale CATERPILLAR products such as footwear. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. (Tanada vs. or extends reciprocal rights to nationals of the Philippines by law." The President also saw in the WTO the opening of "new opportunities for the services sector .A. 166 (The Trademark Law) SEC. particularly when beneficial to the people. as articulated by President Fidel V. trade disputes were settled mainly through negotiations where solutions were arrived at frequently on the basis of relative bargaining strengths.R. 19. per R. Declaration of State Policy. Angara. No. 8293 Rommel A. as amended. inventors. INC.A. No. July 21. Presidential Decree No. especially its major trading partners. 166 was expressly repealed by R. Samson contended that since under Section 170 of R. No. 166 in its entirety. 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. (jurisdiction of Municipal Trial Courts) xxx Under Section 27 of of R.R. facilitates transfer of technology. Ramos in two letters to the Senate of improving "Philippine access to foreign markets. it would have expressly stated so under Section 163 thereof. Jurisdiction of Court of First Instance. Angara) Tañada vs. (1) Basis of the Intellectual Property Law (R. garments. and where naturally. the offense is cognizable by the Municipal Trial Courts and not by the Regional Trial Court. 8293. . . however. as amended. for such periods as provided in this Act. 8293. it would not have used the phrases “parts of Acts” and “inconsistent herewith. as amended. CA G. RA 166. No.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. Issues: Whether or not R. Thus. Tio Page 3 of 21 Intellectual Property Law . (3) Philippine commitment to the GATT-TRIPS agreement Section 3. are hereby repealed. 8293 does not expressly repealed R. 4. to liberalize the registration on the transfer of technology. and Articles 188 and 189 of the Revised Penal Code. to which the Philippines is also a party.A.UNIVERSITY OF SAN CARLOS I. the criminal penalty for infringement of registered marks. including Presidential Decree No. the aforequoted clause did not expressly repeal R. mistake or deception on the part of the buying public to the damage and prejudice of CATERPILLAR. symbols and/or designs as would cause confusion. particularly agricultural and industrial products. more particularly Republic Act No. (the reduction of) costs and uncertainty associated with exporting . false designation of origin and false description or representation. . the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. 160054-55. 166. artists and other gifted citizens to their intellectual property and creations.1 All Acts and parts of Acts inconsistent herewith. are hereby repealed. Repeals. Nov.A. Presidential Decree No. 239. as amended are hereby repealed. Republic Act 8293 Section 239. . G. No. as amended.” Caterpillar Inc. Presidential Decree No. 166. 285.A. and ensures market access for our products. Quezon City.. 49. “CAT AND DESIGN”. as amended. Heretofore. did then and there willfully.The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity.A. which took effect on January 1. the penalty of imprisonment for unfair competition does not exceed six years. (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. 49. Republic Act No. 2004 Facts: Samson. and Articles 188 and 189 of the Revised Penal Code. (n) (2) Importance of Adopting Laws protecting Intellectual Property Rights The use of intellectual property bears a social function. as amended. May 2. only inconsistent provisions or parts of RA 165. International Conventions and Reciprocity. and Articles 188 and 189 of the Revised Penal Code. 165. clothing. Republic Act No. EDSA corner Ortigas Avenue. 165.A. No. xxx Under Section 170 of R. 114508. as amended.
then hired personnel to investigate the 4. the Copyright Act must be construed in light of this basic purpose. Feist responded that such efforts were economically impractical and. To this end. noting in its brief that "facts and discoveries. Rural distributes its directory free of charge to its subscribers. which covers only a particular calling area. could not use the information contained in Rural's white pages. Issues: Held: The court rule that facts are not copyrightable. The limited scope of the copyright holder's statutory monopoly. These employees verified [p*344] the data reported by Rural and sought to obtain additional information.700 listings. but earns revenue by selling yellow pages advertisements. 1991 Rural Telephone Service Company is a certified public utility that provides telephone service to several communities in northwest Kansas.878 white pages listings -compared to Rural's approximately 7. 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's refusal created a problem for Feist. PRELIMINARY MATTERS (1) State Policy Declaration Sec. reducing the need to call directory assistance or consult multiple directories. attracts foreign investments. Like Rural's directory. trademarks and copyright.The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. The Feist directory that is the subject of this litigation covers 11 different telephone service areas in 15 counties and contains 46. Rural publishes a typical telephone directory. is a publishing company that specializes in area-wide telephone directories. Unlike a typical directory. of course. and g) Protection of Undisclosed Information (n. Notwithstanding these additions. Feist used them without Rural's consent. Feist began by removing several thousand listings that fell outside the geographic range of its area-wide directory. in compiling its own directory. as omitting these listings would have left a gaping hole in its area-wide directory. but Aiken had no such license. together with their towns and telephone numbers. 2 Section 2. Authors and Publishers to perform the songs. to liberalize the registration on the transfer of technology.878 listings in Feist's 1983 directory were identical to listings in Rural's 1982-1983 white pages. 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. Aiken 422 U. Such a ruling. "lie in the general benefits derived by the public from the labors of authors. e) Patents. . the other. To obtain white pages listings for its area-wide directory. Feist's is distributed free of charge and includes both white pages and yellow pages. The immediate effect of our copyright law is to secure a fair return for an "author's" creative labor. b) Trademarks and Service Marks. protecting the public from oppressive monopolies. reflects a balance of competing claims upon the public interest: creative work is to be encouraged and rewarded. Feist is not a telephone company. are not themselves subject to copyright Whether or not Telephone directories are copyrightable or not? Facts: Section 4. Four of these were fictitious listings that Rural had inserted into its directory to detect copying. most of Rural's listings do not. c) Geographic Indications. Persons desiring telephone service must apply to Rural and provide their names and addresses. like the limited copyright duration required by the Constitution. Definitions. a typical Feist listing includes the individual's street address. 8293 – Intellectual Property Law II. particularly when beneficial to the people. which was licensed by the American Society of Composers.4. inventors. There can be no valid copyright in facts is universally understood. 340." When technological change has rendered its literal terms ambiguous. To hold that Aiken "performed" the copyrighted works would obviously result in a wholly unenforceable regime of copyright law. only Rural refused to license its listings to Feist. . Inc. Inc." since the radio reception did not constitute a "performance" of the copyrighted songs.1. vs. Tio Page 4 of 21 Intellectual Property Law .S. in any event.309 of the 46. at the same time. But the ultimate aim Rommel A." this Court has said. The District Court granted awards.UNIVERSITY OF SAN CARLOS is. by this incentive. under the Copyright Act. would authorize the sale of an untold number of licenses for what is basically a single rendition of a copyrighted work. The yellow pages list Rural's business subscribers alphabetically by category and feature classified advertisements of various sizes.S. and therefore lacks independent access to any subscriber information. 151 Facts 20Th Century Music Corporation copyrighted songs were received on the radio in Aiken’s food shop from a local broadcasting station. Feist's area-wide directories cover a much larger geographical range. as a condition of its monopoly franchise. moreover. (6) Republic Act No. Rural then assigns them a telephone number.. Feist and Rural compete vigorously for yellow pages advertising. and the other arts. unnecessary because the information copied was beyond the scope of copyright protection. but the Court of Appeals reversed. 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. vs. artists and other gifted citizens to their intellectual property and creations. The term "intellectual property rights" consists of: a) Copyright and Related Rights. Declaration of State Policy." Rural wisely concedes this point. and to enhance the enforcement of intellectual property rights in the Philippines. that compilations of facts generally are. to stimulate artistic creativity for the general public good. music. (n) Twentieth Century Music Corp. let alone one with monopoly status. but private motivation must ultimately serve the cause of promoting broad public availability of literature. The most fundamental axiom of copyright law is that "no author may copyright his ideas or the facts he narrates. and ensures market access for our products. As the sole provider of telephone service in its service area. 1. The use of intellectual property bears a social function. It is also the policy of the State to streamline administrative procedures of registering patents. Rural obtains subscriber information quite easily. Feist Publications. As a result. The white pages list in alphabetical order the names of Rural's subscribers. TRIPS). Of the 11 telephone companies. for such periods as provided in this Act. the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.935 that remained. Unable to license Rural's white pages listings. It shall protect and secure the exclusive rights of scientists. d) Industrial Designs. Rural sued for copyright infringement in the District Court for the District of Kansas taking the position that Feist. rendering it less attractive to potential yellow pages advertisers. however. facilitates transfer of technology. "[t]o perform the copyrighted work publicly for profit. Feist Publications. 20th Century Music then sued Aikenfor copyright infringement. Rural Television Services Company 499 U. Accordingly. thus conflicting with the balanced purpose of the Copyright Act of assuring the composer an adequate return for the value of his composition while. consisting of white pages and yellow pages. since (short of keeping his radio turned off) one in Aiken's position would be unable to protect himself from infringement liability. f) Layout-Designs (Topographies) of Integrated Circuits. "The sole interest of the United States and the primary object in conferring the monopoly. It is subject to a state regulation that requires all telephone companies operating in Kansas to issue annually an updated telephone directory. and would also be highly inequitable.
Nov. only facts. No. hence. historical. within Philippine jurisdiction. Thus. and again in the Copyright Act of 1976. To qualify for copyright protection. the requisite level of creativity is extremely low. to which the Philippines is also a party. a trade name means the name or designation identifying or distinguishing an enterprise. and. and g) Protection of Undisclosed Information (n. 2002 Facts Kho is doing business under the name and style of KEC Cosmetics Laboratory. "They may not be copyrighted and are part of the public domain available to every person. (2) Effect on International Conventions and on Principle of Reciprocity Sec. not the result of copying. Facts are not copyrightable." Factual compilations. as they possess some creative spark. copyrightable. originator. Summerville on the other hand. and news of the day. Kho vs.R. may possess the requisite originality. G. as it has been. Why facts are not copyrightable? No one may claim originality as to facts. (n) Mirpuri vs. See Harper 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. each ignorant of the other. (n) Section 231. in what order to place them. Compilations were expressly mentioned in the Copyright Act of 1909.scientific. 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. CA G. the registered owner of the copyrights Chin Chun Su and Oval Facial Cream Container/Case. shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. it is only such as are original. March 19. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. re-packer and distributor of Chin Chun Su products manufactured by Shun Yi Factory of Taiwan." However. Census data therefore do not trigger copyright because these data are not "original" in the constitutional sense. that the authority of Quintin Cheng.in a constitutional sense is to mean "he to whom anything owes its origin. assume that two poets. the registered owner thereof in the Supplemental Register of the Philippine Patent Office. limitation. maker”. These choices as to selection and arrangement. 4. TRIPS). One who discovers a fact is not its "maker" or "originator. &c. 114508.. 115758. 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. a work must be original to the author. and how to arrange the collected data so that they may be used effectively by readers. against the Summerville General Merchandising and Company (Summerville. yet both are original and. . c) Geographic Indications. e) Patents. he or she has merely discovered its existence. This is because facts do not owe their origin to an act of authorship. f) Layout-Designs (Topographies) of Integrated Circuits. and that it possesses at least some minimal degree of creativity. humble or obvious" it might be. b) Trademarks and Service Marks. and resulting in the decline in the Kho’s business sales and income. "no matter how crude. for brevity) and Ang Tiam Chay. so long as they are made independently by the compiler and entail a minimal degree of creativity. The compilation author typically chooses which facts to include. Reverse Reciprocity of Foreign Laws. No. The writings which are to be protected are the fruits of intellectual labor. and the like. Illustrative Example Census-takers do not "create" the population figures that emerge from their efforts. compose identical poems. Yet copyright law seems to contemplate that compilations that consist exclusively of facts are potentially within its scope.Any condition. it is beyond dispute that compilations of facts are within the subject matter of copyright.4. copyright and patents are different intellectual property rights that cannot be interchanged with one another. Meanwhile. 19. 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. biographical. and are founded in the creative powers of the mind. requirement.1 Section 4.UNIVERSITY OF SAN CARLOS protection. Summerville advertised and sold Kho’s cream products under the brand name Chin Chun Su. prints. or extends reciprocal rights to nationals of the Philippines by law. . 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. To be sure. treaty or agreement relating to intellectual property rights or the repression of unfair competition. meets the constitutional minimum for copyright protection if it features an original selection or arrangement. assignee of the patent registration certificate. Originality requires independent creation plus a modicum of creativity: "While the word writings may be liberally construed. Definitions." Author . that the Summerville should be enjoined from allegedly infringing on the copyrights and patents of the Kho. engravings. d) Industrial Designs. To illustrate.R. to include original designs for engraving. The distinction is one between creation and discovery: the first person to find and report a particular fact has not created the fact. Originality does not signify novelty. in similar containers that Kho uses. restriction. to distribute and market Chin Chun Su products in the Philippines had already been terminated by the said Taiwanese Manufacturing Company. alleged as their defense that they are the exclusive and authorized importer. CA. International Conventions and Reciprocity. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction. In relation thereto. 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. On December 20.1. they copy these figures from the world around them. diminution. The term "intellectual property rights" consists of: a) Copyright and Related Rights. means only that the work was independently created by the author (as opposed to copied from other works). Elidad C. even a directory that contains absolutely no protectible written expression. a work may be original even though it closely resembles other works so long as the similarity is fortuitous. The vast majority of works make the grade quite easily. thereby misleading the public. The sine qua non of copyright is originality. 1999 Facts Issues Held (3) Coverage of Intellectual Property Rights Sec. the scope of a copyright is confined to literary and Rommel A. Neither work is novel. that KEC Cosmetics Laboratory of the of Kho obtained the copyrights through misrepresentation and falsification. as the term is used in copyright. prints. even a slight amount will suffice.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. . The same is true of all facts -." The discoverer merely finds and records. shall reciprocally be enforceable upon nationals of said country. on the other hand. embodied in the form of books. are sufficiently original that Congress may protect such compilations through the copyright laws. Tio Page 5 of 21 Intellectual Property Law . treaty or reciprocal law. 1991. and. in a sense. 3 & 231 Section 3.
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. 8293 (R. not having proven that she has registered a trademark thereto or used the same before anyone did. LAW ON COPYRIGHT (1) Definitions Sec. 5. on the other hand.A. Financial and Personnel Services Bureau. drawings.1. b) The Bureau of Trademarks.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. and f) The Administrative. the following terms have the following meaning: 171. Shoemart Inc G.2. and other papers and things relating to intellectual property rights applications filed with the Office. involves an inventive step and is industrially applicable. Fertilizer and Pesticide Authority G. No. 171 – 171.2 Section 6. a non-stock corporation duly organized and existing under the laws of the Philippines. b) Examine applications for the registration of marks. Definitions." Clearly. 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. "Author" is the natural person who has created the work. 148222. Pearl & Dean Inc. integrated circuits. 2003 Facts Issues Held (4) Functions of IPO Sec.UNIVERSITY OF SAN CARLOS artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation. which provides thus: 3. f) Administratively adjudicate contested proceedings affecting intellectual property rights. No. c) Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II.R. The Office shall be divided into six (6) Bureaus. Tio Page 6 of 21 Intellectual Property Law . marks. geographic indication. d) The Documentation. Pest Management Association of the Philippines vs. 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.2. refer to any technical solution of a problem in any field of human activity which is new. . R. e) Publish regularly in its own publication the patents. To administer and implement the State policies declared in this Act. III. Functions of the Intellectual Property Office (IPO). Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer. 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. specifications. 8293.12 of the 1987 Pesticide Regulatory Policies and Implementing Guidelines. 8293). guidelines and regulations to give protection to such rights. No. therefore. vs.1. books. e) The Management Information System and EDP Bureau. 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. A patent prohibits all unlicensed making. Patentable inventions. It is further argued that under Republic Act No. No. 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. It questioned the validity of Section 3. all data may be freely cited in support of registration by any applicant. but any other party may independently generate and use his own data.For the purpose of this Act. . The Office shall have custody of all records. documents. issued and approved. August 15. 156041. 171. During this period subsequent registrants may rely on these data only with third party authorization or otherwise must submit their own data.R. or differs only in ways that would not significantly increase the risk of unreasonable adverse effects.10 Section 171. 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. Lastly. Petitioner. Consequently. Kho has no right to support her claim for the exclusive use of the subject trade name and its container. 2002. The name and container of a beauty cream product are proper subjects of a trademark inasmuch as the same falls squarely within its definition. d) Promote the use of patent information as a tool for technology development. Section 5 thereof enumerates the functions of the IPO. provided convincing proof is submitted that the product being registered is identical or substantially similar to any current registered pesticide. the user must sufficiently prove that she registered or used it before anybody else did.A. In order to be entitled to exclusively use the same in the sale of the beauty cream product. 6. otherwise known as the Intellectual Property Code of the Philippines. Rommel A.5. 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. These Bureaus are: a) The Bureau of Patents. using and selling of a particular product. 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. On the contrary. 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. each of which shall be headed by a Director and assisted by an Assistant Director.2. not precluded from issuing policies. 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. (n) (5) The Intellectual Property Office Sec. c) The Bureau of Legal Affairs. is an association of pesticide handlers duly licensed by respondent Fertilizer and Pesticide Authority (FPA). while data protection accorded by the FPA merely prevents copying or unauthorized use of an applicant's data. 5 Section 5. February 21. After this period. Other agencies dealing with intellectual property rights are. utility models and industrial designs. Information and Technology Transfer Bureau. No. and the technology transfer arrangements registered.A. 8293 recognizes that efforts to fully protect intellectual property rights cannot be undertaken by the IPO alone.
11. 172. P. illustrated or embodied in a work. 2. for non-profit purposes. in the case of a sound recording. 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. architecture.2. or any official text of a legislative. and other works of applied art. No.Notwithstanding the provisions of Sections 172 and 173.D. (c) Lectures. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. of causing the computer to perform or achieve a particular task or result. 2nd Requirement: Expression In order for a work to be entitled protection. The right to obtain a copyright on a book depends on originality of the author’s work and not upon any standard of merit. Note: Laban notation – transcription of choreographic notes (f) Musical compositions. 171.UNIVERSITY OF SAN CARLOS 171. such as public library or archive. to qualify for copyright protection.4. playing. Works are protected by the sole fact of their creation. Sec. Note: Furnitures have functional purpose. . principle.6. either directly or by means of any device or process. method or operation. quality and purpose. schemes or in any other form. lithography or other works of art. acting or otherwise performing the work. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article. as well as of their content. 172. models or designs for works of art. with or without words. as well as any official translation thereof (n) Note: Ideas are the building blocks of creative expression. in the case of an audiovisual work. and where the performance can be perceived without the need for communication within the meaning of Subsection 171.D. 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. the showing of its images in sequence and the making of the sounds accompanying it audible. by an institution the services of which are available to the public. Literary and artistic works. 171. P. plans. quality and purpose. (o) Other literary. The work must have their origin in the labor of the author. 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. which is capable when incorporated in a medium that the computer can read. under this law. dissertations prepared for delivery. charts and three-dimensional works relative to geography. for profitmaking purposes. Rommel A. choreographic works or entertainment in dumb shows. 171. A "computer" is an electronic or similar device having informationprocessing capabilities. as well as of their content. 171. (d) Letters. (i) Illustrations. lantern slides. with the consent of the authors. irrespective of their mode or form of expression.9. sketches. sermons. (k) Photographic works including works produced by a process analogous to photography. (Sec. (n) Computer programs.172. (e) Dramatic or dramatico-musical compositions. 49 a). administrative or legal nature. (g) Works of drawing. "Public performance". including government-owned or controlled corporations as a part of his regularly prescribed official duties. no protection shall extend.2 Section 172. 2. system. addresses. hereinafter referred to as "works". whether made by hand or produced on an industrial scale.2. "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.D.5. 171. pamphlets. articles and other writings. are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books. explained. architecture or science. codes.3. it is not necessary. No.2 Section 172. irrespective of their mode or form of expression. or at different places and/or at different times. when commenced Sec. . scholarly. (4) Works Protected (a) Literary or Artistic Works oral Note: Requisite: For short message sending (sms) or text messages sufficient intellectual effort. Ching Case: (h) Original ornamental designs or models for articles of manufacture. However. They will differ with the particular subject matter involved. which.3. (2) Protection. Literary and Artistic Works. procedure. having regard to the nature of the work. whether or not registrable as an industrial design. 171. 172. (b) Periodicals and newspapers. (3) Idea/Expression Dichotomy Sec. painting. Unprotected Subject Matter. 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. news of the day and other miscellaneous facts having the character of mere items of press information. there must at least be some verifiable expression of the intellectual product. to any idea. 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. That availability of such copies has been such. "Published works" means works. 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. whether or not reduced in writing or other material form. in the case of a work other than an audiovisual work. Note: With or Without words – because there two separate rights for the composition and lyrics. and Note: Computer program are copyrightable in this jurisdiction but not patentable. sculpture. No. (Sec.1.10. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a limited period. and. that works should pass a test of imaginativeness. topography. and a "computer program" is a set of instructions expressed in words. irrespective of whether they are or can be present at the same place and at the same time. maps. 49a) Notes When work is created? A work is created when two requirements are Originality and some form of expression. 41 (E). P. (m) Pictorial illustrations and advertisements. discovery or mere data as such.8. 171. 171. is the recitation. engraving. as to satisfy the reasonable requirements of the public. even if they are expressed. (j) Drawings or plastic works of a scientific or technical character.7. dancing. Works are protected by the sole fact of their creation. 49a).172. Tio Page 7 of 21 Intellectual Property Law . scientific and artistic works. (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings. 175 Section 175. concept.
Rene C.D. 49) 173. The works referred to in paragraphs (a) and (b) of Subsection 173. Issues Whether or not absence such registration. the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not ornamental. reiterated in substance his averments in his affidavit. addresses. Rico V. such as books. Furthermore. Danilo A. the creator can file action for infringement of its rights. Salinas. CA. Search Warrant No 87-053 for violation of Section 56 of PD No. upon questions by the court a quo. Domingo.UNIVERSITY OF SAN CARLOS provided for in Section 26 (P. sale. 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. In actuality. including composite and cyclopedic works. 2001. No. or be construed to imply any right to such use of the original works. payment of damages arising from infringement.A. the maker and manufacturer of a Utility Model. Being plain automotive spare parts that must conform to the original structural design of the components they seek to replace. P. as Rommel A. or to secure or extend copyright in such original works. owned and operated by Danilo A. described as “Leaf Spring Eye Bushing for Automobile” made up of plastic. 2005 Facts Jessie G. Rico V. P. Reyes. the generic word will usually be limited to things of a similar nature with those particularly enumerated. (b) Derivative Works Sec. and (b) Collections of literary. 1978 in its Opinion No. from the moment of creation.2. 261 SCRA 144 (1996) Facts Columbia Pictures lodged a formal complaint with the National Bureau of Investigation for violation of PD No. No. That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof. television sets. Rene C.D. They lack the decorative quality or value that must characterize authentic works of applied art.3 of Republic Act (R. only the expression. 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. NBI Senior Agent Lauro C. 2001. 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. reproduction. directories and gazetteers.173. Atty. as in this case. Reyes. and other alterations of literary or artistic works. television sets. scholarly. as amended). is not for the purpose of securing a copyright of the work. NBI Agents found and seized various video tapes of duly copyrighted motion pictures/films owned or exclusively distributed by private complainants. 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. No. Ching requested the National Bureau of Investigation (NBI) for police/investigative assistance for the apprehension and prosecution of illegal manufacturers. Tio Page 8 of 21 Intellectual Property Law . 161295. 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. accessories all of which were included in the receipt for properties accomplished by the raiding team. the copyright for a work is acquired by an intellectual creator from the moment of creation even in the absence of registration and deposit. On November 14. lease or disposition of videograms tapes in the premises above described. unless there be something in the context of the state which would repel such inference. Neither are we to regard the Leaf Spring Eye Bushing and Vehicle Bearing Cushion as included in the catch-all phrase “other literary. materials. . NBI Senior Agent Lauro C. and machines. 8293. On the basis of the affidavits and depositions of NBI Senior Agent Lauro C.) No. Ching vs. subsist with respect to any of the following classes of works. hence. 8.” He cannot demand. not as conditions for the acquisition of copyright and other rights. 172) and derivative works (Sec. 49. Pelindario.. the Department of Justice has resolved this legal question as far back as December 12. 49. The same opinion stressed that “the requirements of registration and deposit are thus retained under the Decree. and periodicals. adaptations. 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.1 shall be protected as new works: Provided however. dissertations prepared for oral delivery. The following derivative works shall also be protected by copyright: (a) Dramatizations. On September 4. of pirated video tapes of copyrighted films all of which were enumerated in a list attached to the application.1(a) of R. the failure to comply with said requirements does not deprive the copyright owner of the right to sue for infringement. 49. abridgments.R. lectures. 2. 8293. They are not even artistic creations with incidental utilitarian functions or works incorporated in a useful article. Columbia Pictures vs. manuscripts. 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 Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not copyrightable. and. The Leaf Spring Eye Bushing and Vehicle Bearing Cushion fall on neither classification. sermons.1 and 177.1. was issued by the court a quo. 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. There is creation when an idea is expressed in some tangible medium. No. 8293. including pamphlets and newspapers. there was no right created. is entitled (to) weight and respect. registered owner-proprietor of Sunshine Home Video. paraphernalia. the NBI filed applications for search warrants in the RTC of Manila against William Salinas. TRIPS) Idea is not protected. Baltazar and Atty.” This means that under the present state of the 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. 49. however. His testimony was corroborated by another witness. among others. and letters. no infringement under PD 49 as amended? Held As correctly pointed out by private complainants-oppositors. but as prerequisites to a suit for damages. Agents of the NBI and private researchers made discreet surveillance on various video establishments in Metro Manila including Sunshine Home Video Inc. Such non-compliance merely limits the remedies available to him and subjects him to the corresponding sanction. Art.” On September 20. 10.D. Domingo’s deposition was also taken. [P] and [Q]. (Sec. Baltazar. being not of the same kind and nature as the works enumerated in Section 172 of R. 1987.A. Reyes applied for a search warrant with the court a quo against Sunshine seeking the seizure. (Sec. After due investigation. Derivative Works. and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. 173 Section 173. No.” The statutory interpretation of the Executive Branch being correct. 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. Mr. 173). scholarly or artistic works. the principal function of which is utility sans any aesthetic embellishment. June 29.A. arrangements. a closer review of Presidential Decree No. and the officers and members of the Board of Directors of Wilaware Product Corporation. as amended. showing. the personal properties described in the search warrants are mechanical works. Sr. and sought its assistance in their anti-film piracy drive. as amended. Ching is the owner and general manager of Jeshicris Manufacturing Co. In the hearing of the application. It was alleged that the respondents therein reproduced and distributed the said models penalized under Sections 177. translations. producers and/or distributors of the works. equipment. Pelindario. G. scientific and artistic works” in Section 172.
Notwithstanding the provisions of Sections 172 and 173. On July 14.D. president of BJPI. . system. 1879. Inc. which was produced by IXL Productions. Apart from the manner in which it is actually expressed. 44 Phil. M922. administrative or legal nature. his heirs. Inc. news of the day and other miscellaneous facts having the character of mere items of press information. On June 28. while watching television. namely. No right can spring from an unlawful act. concepts. a dating game show aired from 1970 to 1977. regardless of the form in which it is described. as falling within the class of works mentioned in P.000. the format or mechanics of a television show is not included in the list of protected works in §2 of P. William Esposo. in the Regional Trial Court of Quezon City. method of operation. as well as any official translation thereof. even if they are expressed.D. Paglinawan in his answer denied generally each and every allegation of the complaint and prayed the court to absolve him from the complaint. 1971. 175. . 1973. Laktaw vs. No. of Rhoda and Me. (n) Note: Separate right of the publisher exclusively on typographical arrangement. on Intellectual Property: Nobody may reproduce another person's work without the owner's consent. Copyright. he wrote a letter to private respondent Gabriel M. he would endorse the matter to his attorneys for proper legal action. procedure. The act of Pagliwanan is a violation of article 7 of the Law of January 10. Unprotected Subject Matter. Felipe Medina. Paglinawan without the consent of Laktaw. (c) Published Edition of Work Sec. 171. must borrow the original and expressive content 2. For this reason. to any idea.D.D. 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. Whether the format or mechanics of Joaquin’s television show is entitled to copyright protection? Held No. and (4) that the damages occasioned to him by the publication of Paglinawan's work amounted to $10. procedure. It is not necessary that a work should be an improper copy of another work previously published. dated January 28. even if they are expressed. 49. IXL. in whole or in part. Being a statutory grant. the rights are only such as the statute confers. 49 was filed against private respondent Zosa together with certain officers of RPN Channel 9. 175 Section 175. dated July 19. principle. 1991 in which he reiterated his demand and warned that. prompting petitioner Joaquin to send a second letter on July 25. concept. Law Sec.. vs. Tio Page 9 of 21 Intellectual Property Law . caused irreparable injuries to Laktaw who was surprised when. even though it be only to annotate. or any official text of a legislative. 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. or embodied in such work. reproduced said literary work. 1991. information for violation of P. (b)Works of Government Sec. . system. with costs. a non-copyrightable material. president and general manager of IXL. It is a new or independent right granted by the statute. or improve any edition thereof. and on terms and conditions specified in the statute. and may be obtained and enjoyed only with respect to the subjects and by the persons. informing Zosa that BJPI had a copyright to Rhoda and Me and demanding that IXL discontinue airing It’s a Date. under this law. to any idea. or improve any edition thereof. process. 49. the protection afforded by the law cannot be extended to cover them. No. Published Edition of Work. principle. Upon complaint of petitioners. §2. however. formats. 1991. No. procedure. No. on Intellectual Property. Zosa. (IXL). Meanwhile. Ideas. and Casey Francisco. 174 Section 174.In addition to the right to publish granted by the author. explained. and not simply a pre-existing right regulated by the statute. Unprotected Subject Matter. or assigns. (5)Works Not Protected Sec. / must have substantial variation Article 5 of civil code. the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. the idea of a dating game show is. In a letter. 49. On July 18. to wit: Cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings. Issue Whether or not Paglinawan violated Article 7 of the Intellectual Property Law (1879)? Held Yes. if IXL did not comply. discovery or mere data as such.Notwithstanding the provisions of Sections 172 and 173. saw on RPN Channel 9 an episode of It’s a Date. §2(M). in the strict sense of the term. method or operation. the work must alter not merely copy. concept.11 Issue Rommel A. illustrated or embodied in a work. add something to it.UNIVERSITY OF SAN CARLOS Note: Derivative works are original work. refers to finished works and not to concepts. on publishing his new work entitled Diccionario Tagalog-Hispano (Tagalog-Spanish Dictionary) he learned of the fact. illustrated. system. private respondent Zosa apologized to petitioner Joaquin and requested a meeting to discuss a possible settlement. P. 175 (a)Unprotected Subject Matter Sec. Jr. in the opinion of this Office. The copyright does not extend to an idea. 302 SCRA 225 (1999) Facts Petitioner BJ Productions. 176. 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. It is enough that another's work has been reproduced without the consent of the owner. of copyrightable materials as defined and enumerated in Section 2 of PD.000. continued airing It’s a Date. 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. discovery or mere data as such. Paglinawan. (BJPI) is the holder/grantee of Certificate of Copyright No. even merely to annotate or add anything to it. 1991. 1879. as well as any official translation thereof (n) Joaquin. No. 49. administrative or legal nature. petitioner BJPI submitted to the National Library an addendum to its certificate of copyright specifying the show’s format and style of presentation. under this law. 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. Law Article 7 of the Law of January 10. is purely a statutory right. news of the day and other miscellaneous facts having the character of mere items of press information. explained. 49. Paglinawan violated Article 7 of Intellectual Property Law. 1991. Jr. or discovery. The essence of copyright infringement is the copying. illustrated or embodied in a work. improperly copied the greater part thereof in the work published by him and entitled Diccionariong Kastila-Tagalog (SpanishTagalog Dictionary). petitioner Francisco Joaquin. There must be compliance of the requirements: 1. Drilon. no protection shall extend. method or operation. principle. however. in enumerating what are subject to copyright. explained. no protection shall extend. concept. or any official text of a legislative.
1955 (Brief for Appellant. a computer program." 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. pronounced. Rental of the original or a copy of an audiovisual or cinematographic work. and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works.Subject to the provisions of Chapter VIII. Issues 1. adaptation.6. irrespective of the ownership of the original or the copy which is the subject of the rental. 9. 1956 (Brief for Appellant. 12 SCRA 324-325 . 3-5. 49) 171. if made in Manila. 11.economic right / moral rights . McCullough Printing. underneath which appears the plaintiff's pen name. CA-G. 148 SCRA 461 (1987) Facts Filipino Society of Composers. For such Rommel A.11. Rollo. 2nd issue: The Supreme Court has ruled that "Paragraph 33 of Patent Office Administrative Order No. McCullough Printing Company.4. However. . Notwithstanding the foregoing provisions. 177 Note: Copyright . (the year of the hearing) or from 1943 (TSN. before administrative agencies. (n) 177. 1947) entitled 'Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims' promulgated pursuant to Republic Act 165. and dissertations. pp.D. The author of speeches. displayed the very design in its album of Christmas cards and offered it for sale. pp. 27) and the songs "Sapagkat Ikaw Ay Akin" and "Sapagkat Kami Ay Tao Lamang" both registered on July 10. 10) became popular in radios. Public performance of the work. the Government is not precluded from receiving and holding copyrights transferred to it by assignment. Authors and Publishers Inc. 25) while the song "The Nearness Of You" registered on January 14. Held 1st issue: Yes. P.2. appellant demanded from the appellee payment of the necessary license fee for the playing and singing of aforesaid compositions but the demand was ignored. addresses. juke boxes..1. P.1. May 28. and speeches. long before registration (TSN. No prior approval or conditions shall be required for the use of any purpose of statutes. No. The complaint alleges that plaintiff Mauro Malang Santos designed for former Ambassador Felino Neri. 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. 317). (Sec. supra Facts Issues Law Held Filipino Society of Composers vs. Public display of the original or a copy of the work.R. 1968. Such agency or office may. Copyright or Economic Rights. 28. third par. whether or not Benjamin Tan can be held liable therefore. were playing and singing the above-mentioned compositions without any license or permission from the appellant to play or sing the same. lectures. No." "Sapagkat Kami Ay Tao Lamang" and "The Nearness Of You. Resolution. sermons. beside a tree. . 5. without the knowledge and authority of plaintiff. The following year the defendant McCullough Printing Company.. 177. etc. authorize or prevent the following acts: 177. pp. Pearl & Dean Inc. No copyright shall subsist in any work of the Government of the Philippines. dated September 18.7. 29 and 30). arrangement or other transformation of the work.3. Ownership (a) Copyright or Economic Rights – Sec. 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. provides among other things that an intellectual creation should be copyrighted thirty (30) days after its publication. 177. 3 (as amended. abridgment. appear to have been known and sang by the witnesses as early as 1965 or three years before the hearing in 1968. p. sermons. 49a) Statutory Right – the right is limited to what the statute confers. Russon No.3. v. p. Assuming that there were indeed public performances for profit. Dramatization. A careful study of the records reveals that the song "Dahil Sa Iyo" which was registered on April 20.“right to paternity”. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership. translation.UNIVERSITY OF SAN CARLOS Section 176. Supp. lectures. 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. 10) had become popular twenty five (25) years prior to 1968. rules and regulations. Indeed. 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. (Ibid. Tio Page 10 of 21 Intellectual Property Law . May 28. 49) 176.. The testimonies of the witnesses at the hearing of this case on this subject were unrebutted by the appellant. (Sec. 4489 25 F. (6) Copyright or Economic Rights. 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. a work embodied in a sound recording. Section 177. Tan. P.D. "Sapagkat Ikaw Ay Akin. for his personal Christmas Card greetings for the year 1959. failure of which renders such creation public property. 9. 12 SCRA 321 (1964) Facts Mauro Malalang Santos filed an action for damages for unauthorized use. 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. 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. (Sec. NO.. the artistic motif in question. Works of the Government. (n) 176. read or rendered in courts of justice." (Santos v.5. including government-owned or controlled corporations as a part of his regularly prescribed official duties. The association is the owner of certain musical compositions among which are the songs entitled: "Dahil Sa Iyo". for a price. 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. 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. or within the (60) days if made elsewhere. 1966. Accordingly. 1968. Other communication to the public of the work. Reproduction of the work or substantial portion of the work. in deliberative assemblies and in meetings of public character. among other things. Malang. hired to play and sing musical compositions to entertain and amuse customers therein. 177. addresses. p. first par. and 177. et al. 177. Maglalang Santos vs. prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. No. impose as a condition the payment of royalties. D. 46373R.176. 32-36) under the provisions of Section 3 of the Copyright Law (Act 3134 of the Philippine Legislature). p. bequest or otherwise. is organization under the Corporation Law of the Philippines and registered with the Securities and Exchange Commission.2.
if such were the condition then Ambassador Neri would be the aggrieved party. 179. 721. Issues (1) Whether plaintiff is entitled to protection. 723 (NCC) CHAPTER VI OWNERSHIP OF COPYRIGHT Section 178. The author and the composer. failure of which renders such creation public property. even as of this moment. mentioned in Nos. the copyright shall belong to: (a) The employee. subject to contrary or other stipulations among the creators. 722. fact that he has not copyrighted his design? (2) Whether the publication is limited. the provision of the Civil Code. if the work is the result of the performance of his regularly-assigned duties. 114 F [2d] 80). . Paragraph 33 of Patent Office Administrative Order No. if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time. (2) The composer. The painter. 178. because it has placed plaintiff's professional integrity and ethics under serious question and caused him grave embarrassment before Ambassador Neri. and 178. 722. and the author loses the exclusive right to control subsequent publication by others. The scientist or technologist has the ownership of his discovery or invention even before it is patented. unless the work is placed under the protection of the copyright law. The scientist or technologist has the ownership of his discovery or invention even before it is patented. unless there is a written stipulation to the contrary. the copyright shall belong to the producer. shall have the ownership of their creations even before the publication of the same. unless the contrary appears. the author of the scenario. (Sec. By intellectual creation. or that there was an understanding that only Ambassador Neri should. Once their works are published. 31 F [2d] 236). if made in Manila.2. scientific or other work. In respect of letters. or it is general publication? (3) Whether the provisions of the Civil Code or the Copyright Law should apply in the case? Law Art. 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. there having been no showing of a clear indication that a limited publication was intended. and in what form. the co-authors shall be the original owners of the copyright and in the absence of agreement. (4) The scientist or technologist or any other person with regard to his discovery or invention. with respect to the product of his art. (n) (b) Copyright Ownership Sec. their rights are governed by the Copyright laws. but the effect is general publication. (n) Held 1st issue: The Supreme Court found that plaintiff is not entitled to a protection. In the case of work created by an author during and in the course of his employment. 49a) Section 179. When once published. or the pseudonyms or adopted name leaves no doubt as to the author's identity. the following persons acquire ownership: (1) The author with regard to his literary. Art. 178. (Sec. where. the composer of the music. copyright shall belong to the author of the work. notwithstanding. in consequence of which enforcement of the restriction becomes impossible (Nutt vs. This exclusive right is confined to the first publication. 1 and 2 of the preceding article. by whom. except for the right to collect performing license fees for the performance of musical compositions. or if the author of the anonymous works discloses his identity. to the contrary. If. the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code.Copyright ownership shall be governed by the following rules: 178. In the case at bar. 178. for example manufactured in accordance with an original design which is not protected by either a copyright or a patent. The author and the composer. mentioned in Nos. the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms. a work of joint authorship consists of parts that can be used separately and the author of each part can be identified. sculptor. 887. facilities and materials of the employer. irrevocable rights thereupon become vested in the public.00. In the case of audiovisual work.4. When Ambassador Neri distributed 800 copies of the design in controversy.Y. National Institute. 2nd issue: We are not also prepared to accept the contention of appellant that the publication of the design was a limited one. It has been held that the effect of offering for sale a dress. 49) Rommel A.3. the same was not shown on the face of the design.000. In the case of works of joint authorship. notwithstanding the. Once their works are published. dramatic.D. historical. their rights shall be governed by the rules on co-ownership. 433.D. No. in the case of original literary and artistic works. However. but the copyright thereto shall remain with the creator. that an intellectual creation should be copyrighted thirty (30) days after its publication. their rights are governed by the Copyright laws. as to his musical composition. legal. the author of each part shall be the original owner of the copyright in the part that he has created. Supp. Eisle 83 N. He further prayed for the additional sum of P3.1 Subject to the provisions of this section. shall have the ownership of their creations even before the publication of the same. He has a right to determine whether it shall be published at all. (b) The employer. unless there is an agreement. Federal Trade Commission. provides.UNIVERSITY OF SAN CARLOS unauthorized act of defendant. The author of a literary composition has a light to the first publication thereof. which are incorporated into the work. when. (3) The painter. plaintiff suffered moral damages to the tune of P16. with or without words. p. the film director. or other artist. 7. 6. there is no copyright for the design in question.5. 178. among others. and not the appellant. have absolute right to use the same. 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. Tio Page 11 of 21 Intellectual Property Law . the plaintiff lost control of his design and the necessary implication was that there had been a general publication. it is dedicated to the public. the person who so commissioned the work shall have ownership of the work. 178.000.6. and if published. P. sculptor or other artist shall have dominion over the product of his art even before it is copyrighted.00 by way of attorney's fee. . In the first place. Anonymous and Pseudonymous Works. philosophical. In the second place. (n) Art. When the purpose is a limited publication. 3 (as amended dated September 18.For purposes of this Act. express or implied. citing Wright v. and the author of the work so adapted. (See II Tolentino's Comments on the Civil Code. however. Rules on Copyright Ownership. the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner. 1947) entitled "Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims" promulgated pursuant to Republic Act 165. so as to prohibit its use by others. P. The painter. sculptor or other artist shall have dominion over the product of his art even before it is copyrighted.) 3rd issue: Art. or within sixty (60) day's if made elsewhere. 1 and 2 of the preceding article. if there was such a limited publication or prohibition.
P. if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided. (Sec. However. P. television image or otherwise on screen or by means of any other device or process: Provided. Tio Page 12 of 21 Intellectual Property Law . Rommel A. Note: There are seven rights it can be assigned individually or as a whole. the factors to be considered shall include: (a) The purpose and character of the use. 180. 184. by the National Library or by educational. 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. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention.1. No. (Sec. Fair Use of a Copyrighted Work.2. the following acts shall not constitute infringement of copyright: (a) The recitation or performance of a work.3. (n) (7) Transfer or Assignment of Copyright Sec. 49a) (8) Limitations of Copyright (a) Limitations On Copyright Sec. neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. Upon recording. third par. 185 Section 185. That the source and the name of the author. the court may authorize their publication or dissemination if the public good or the interest of justice so requires. and similar purposes is not an infringement of copyright. 49) (c) The reproduction or communication to the public by mass media of articles on current political.The copyright owners or their heirs may designate a society of artists.The copyright is distinct from the property in the material object subject to it. That the source is clearly indicated. No. addresses and other works of the same nature. 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. (Sec. 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. . scholarship. Within the scope of the assignment. . 12. 180. P. P. 180.UNIVERSITY OF SAN CARLOS Civil Code: Art. by a club or institution for charitable or educational purpose only. 49) Section 182. including quotations from newspaper articles and periodicals in the form of press summaries: Provided. 184 CHAPTER VIII LIMITATIONS ON COPYRIGHT Section 184.D. 10(1). That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work. No. a copy of the instrument shall be returned to the sender with a notation of the fact of record. whose aim is not profit making.D. P. (Sec. given away or otherwise transferred to another person by the author or his successor in title. 15. that the original or the copy displayed has been sold. news reporting. but they cannot be published or disseminated without the consent of the writer or his heirs. That either the work has been published.183 TRANSFER OR ASSIGNMENT OF COPYRIGHT Section 180. writers or composers to enforce their economic rights and moral rights on their behalf.2.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.1. . The copyright may be assigned in whole or in part. universities or educational institutions: Provided.D. if done privately and free of charge or if made strictly for a charitable or religious institution or society. Notwithstanding the provisions of Chapter V. cinematography or broadcasting to the extent necessary for the purpose.D. scientific or artistic works as part of reports of current events by means of photography. sound recording or film. magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. broadcast. Limitations on Copyright. 49a) Section 183. economic. The submission of a literary. . comment. subject to such other limitations as may be provided in the Regulations. Filing of Assignment or License. (f) The recording made in schools. That such recording must be deleted within a reasonable period after they were first broadcast: Provided. (i) The public performance or the communication to the public of a work. including whether such use is of a commercial nature or is for non-profit educational purposes. scientific or professional institutions where such use is in the public interest and is compatible with fair use. That the source and of the name of the author. or other communication to the public. (b) The nature of the copyrighted work. 49a) Section 181. if appearing on the work. lectures. . No.D. universities. P. research. and (d) The effect of the use upon the potential market for or value of the copyrighted work. Notice of the record shall be published in the IPO Gazette. Consequently. No. which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided. (Sec.184. (n) (j) Public display of the original or a copy of the work not made by means of a film.185. (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. – 180. No. 49) (e) The inclusion of a work in a publication. In determining whether the use made of a work in any particular case is fair use. 49) (d) The reproduction and communication to the public of literary.D. (g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast. further. 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. or educational institutions of a work included in a broadcast for the use of such schools. (h) The use made of a work by or under the direction or control of the Government.. 16. (Sec. teaching including multiple copies for classroom use. or. P. (Sec. slide.1. social. (Sec. 19. If two (2) or more persons jointly own a copyright or any part thereof.D. 11. in a place where no admission fee is charged in respect of such public performance or communication. 723. Copyright and Material Object. No. once it has been lawfully made accessible to the public. 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. the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. The fair use of a copyrighted work for criticism. (b) Fair Use of Work Sec. are mentioned. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered. Decompilation. 32. photographic or artistic work to a newspaper. P. the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright. are mentioned. scientific or religious topic. No. if appearing in the work. Rights of Assignee. Designation of Society.D.
or even a large portion of it. When Habana et al. spaceshifting. therefore. or the labors of the original author are substantially and to an injurious extent appropriated by another.187. A&M Records Inc. a complaint for “Infringement and/or unfair competition with damages” against private respondents. distribute. and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights. under Section 184. Robles G. If so much is taken that the value of the original work is substantially diminished. A&M alleged that Napster was a contributor to the copyright infringements against their company. of anything the sole right to do which is conferred by statute on the owner of the copyright.R. Hence. 00-16401 (U. and display. the private reproduction of a published work in a single copy. If so much is taken that the value of the original is sensibly diminished. scheme of presentation.1. thematic and sequential similarity between DEP and CET. the court rejected Napster’s request for a compulsory license. 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. Here. Makati. protected by law. 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.1 (b). After an itemized examination and comparison of the two books (CET and DEP). (n) (d) Reproduction of Published Work Sec. Robles ignored the demands. which is a synonymous term in this connection. District Court ruled in favor of A&M and issued an injunction by which Napster should further refrain from providing their service. In determining the question of infringement. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP).” The courts deduced that by uploading files to the Napster search index. Decision) Facts Napster was a web-based company for the purpose of providing a platform for users to exchange digital music with other users. the amount of matter copied from the copyrighted work is an important consideration. Napster Inc. their users had to be directly infringing on A&M’s copyrights. in which the government would force the copyright holders to grant use to Napster potentially in exchange for royalties. Also. effect of use on the market. In copyrighting books the purpose is to give protection to the intellectual product of an author. or piracy. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright.187. Issues Whether or not Napster violated one of the exclusive copyright of A&M? Held Whether or not it constitutes fair use? No. To constitute infringement. the work is appropriated. In cases of infringement.S. A&M saw the potential negative impact of this service to their sales. be copied. 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. (c) Work of Architecture Sec. Habana et al. Piracy A copy of a piracy is an infringement of the original. However. because the plaintiffs did not challenge this use. Robles still committed copyright infringement. Court Whether or not. and. users were violating the plaintiff’s right to reproduction and by downloading files containing copyrighted music were violating their right to distribution.UNIVERSITY OF SAN CARLOS 185. Work of Architecture. portion used.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. citing that such a device would provide Napster with an “easy out” while seemingly punishing the copyright holders. 1999 Facts Habana is the author of the copyrighted book entitled College English for Today (CET). Finally. The court decided that the defendants had the ability to prevent infringement from taking place. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. illustrations and illustrative examples in their own book. Napster’s space-shifting argument did not hold. nature of the use. Habana found that several pages of the Robles’ book are similar. there is a clear case of appropriation of copyrighted work for her benefit that Robles committed. She circulated the book DEP for commercial use and did not acknowledge Habana as her source. vs. Issues Rommel A. in such cases. Napster claimed that this was not the case. it is not necessary that the whole or even a large portion of the work shall have been copied.2. Tio Page 13 of 21 Intellectual Property Law . 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. Reproduction of Published Work. The U. but were sharing the files as well. perform. 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. filed with the Regional Trial Court. . are mentioned. The copying must produce an “injurious effect”. consists in the doing by any person. Napster’s defense was such that in order for their company to be liable for contributory infringement. Notwithstanding the provision of Section 177. Napster also provided a solution to the alleged infringement in the form of a compulsory license. without the consent of the owner of the copyright. 187. but their users were instead engaging in three types of fair use: sampling. July 19. No. and thus filed copyright suit against Napster. § 106(3). and subject to the provisions of Subsection 187. Notes When is there a substantial reproduction of a book? It does not necessarily require that the entire copyrighted work. This is precisely what the law on copyright protected. 186 Section 186. . hence. and permissive distribution.2 Section 187. he at least knew that what he was copying was not his. there is an infringement of copyright and to an injurious extent. and it is no defense that the pirate. did not know whether or not he was infringing any copyright. 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. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents.2. and he copied at his peril. The court decided that Napster’s argument for sampling did not hold. prepare derivative work. because the users were not just simply converting their media between formats for storage. and infringement of copyright. copying alone is not what is prohibited. The essence of intellectual piracy should be essayed in conceptual terms in order to underscore its gravity by an appropriate understanding thereof. and distribution. 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. which is a case of plagiarism and copyright infringement. if not all together a copy of Habana’s book. 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. despite the apparent textual. Robles committed no copyright infringement? Held No. and thus has the duty to do so. that is sufficient in point of law to constitute piracy. (Cornell) Habana vs. if appearing on the work. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. § 106(1). No decision was made on the argument of permissive reproduction. 131522. because the “samples” were in fact permanent and complete files on the users’ hard drives. The appellate court found that “Napster users infringe at least two of the copyright holders’ exclusive rights: the rights of reproduction.S.
. Notwithstanding the provisions of Section 177.6. 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 free public library in the Philippines.1 shall not extend to the reproduction of: (a) A work of architecture in the form of building or other construction. 192. P. 187. No.1.2. (Sec. unless the volume. .D. or other owner of copyright in. without the authorization of the author of copyright owner. Subject to the approval of the Secretary of Finance. be registered and deposited with it. P. No. (d) A computer program except as provided in Section 189. 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. or of a musical work in graphic form by reprographic means. P. (b) An entire book. or educational society or institution duly incorporated or registered. Notice of Copyright.2. university. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones determined in this Section. shall be permitted. or (ii) The importation is by authority of and for the use of the Philippine Government. 49) (9) Registration and Deposit with National Library and Supreme Court Library Sec. or is for the encouragement of the fine arts. 49a) Rommel A. Reprographic Reproduction by Libraries. or a substantial part thereof. . and such unlawful use shall be deemed an infringement and shall be punishable as such without prejudice to the proprietor's right of action. there shall. is not for sale but for the use only of any religious. within three (3) weeks. Notwithstanding the provision of Subsection 177.1. college. within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit. the year of such death. and (b) Archival purposes. 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. 188 Section 188. 190 Section 190. (n) (g) Importation for Personal Purposes Sec. any library or archive whose activities are not for profit may. Notwithstanding the provisions of Subsection 177. a computer program. 30. or other owner of copyright in. If.2. (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. (n) (e) Reprographic Reproduction by Libraries Sec. Importation for Personal Purposes. when special reasons so require. Notwithstanding the above provisions. (Sec. 27. in the permanent collection of another similar library or archive. That the copy or adaptation is necessary for: (a) The use of the computer program in conjunction with a computer for the purpose. P. 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. for the purpose of completing the records of the National Library and the Supreme Court Library. 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. and the year of its first publication.3. the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted. This provision shall be without prejudice to the application of Section 185 whenever appropriate. The permission granted under Subsection 187. for which the computer program has been obtained. without the authorization of the owner of copyright in the work. That every library which.3. without the authorization of the author of. . by law. 227. (Sec. 189.2 and 172. and. 189 Section 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. (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. the required copies or reproductions are not delivered and the fee is not paid. 49a) (f) Reproduction of Computer Program Sec. to persons requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them.After the first public dissemination of performance by authority of the copyright owner of a work falling under Subsections 172. 26. No. and (c) Where the making of such a copy is in order to preserve and.2. and. or to replace. 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. but subject to the limitation under the Subsection 185.UNIVERSITY OF SAN CARLOS research and private study.D. 190. 188. if necessary in the event that it is lost. destroyed or rendered unusable.6. 228 CHAPTER IX DEPOSIT AND NOTICE Section 191. consisting of not more than three (3) such copies or likenesses in any one invoice. a copy which has been lost. or for any state school. 13. tome or part is out of stock: Provided. 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. 190. shall be entitled. destroyed or rendered unusable. by the lawful owner of that computer program: Provided. in copies produced after the creator's death.189.188.1. 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.2. (Sec. 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.3 of this Act. (c) A compilation of data and other materials. when this is considered expedient. 191. replace a copy.1.D.190. destroyed or rendered unusable and copies are not available with the publisher. charitable. Only the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library. is entitled to receive copies of a printed work. 49a) Section 192. That such copies do not exceed three (3). to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock. and to the extent. 189. 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. Registration and Deposit with National Library and the Supreme Court Library. or (iii) The importation. Reproduction of Computer Program. 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. 172.Each copy of a work published or offered for sale may contain a notice bearing the name of the copyright owner.D. Tio Page 14 of 21 Intellectual Property Law .
No damages may be recovered under this Act after four (4) years from the time the cause of action arose. 201 Section 200. To object to any distortion. P. 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%).An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. (Sec. and in default of the heirs. No. In addition. 49) Section 201. subsequent to the first disposition thereof by the author. 193. . (b) Breach of Contract Sec. have the right: Note: Economic Rights is independent for Moral Rights 193. his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. 37. 34.D. 35. (Sec. 200.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. or otherwise to make use of his reputation with respect to any version or adaptation of his work which.D. or other derogatory action in relation to.202. For purposes of this Section. P. . P. Works Not Covered. 49) Section 226. (Sec. The Director of the National Library is empowered to issue such safeguards and regulations as may be necessary to implement this Section and other provisions of this Act. The National Library shall have the power to collect. or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions. In default of such person or persons. he may be held liable for damages for breach of such contract. Producers of Sound Recordings and Broadcasting Organizations (a) Definitions Sec.1. but no such waiver shall be valid where its effects is to permit another: 195. be indicated in a prominent way on the copies. 49) Section 229.1. Enforcement Remedies.2. P. 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. To make any alterations of his work prior to. mutilation or other modification of. P. 193 CHAPTER X MORAL RIGHTS Section 193. Sale or Lease of Work. 33.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. P.The author of a work shall. (Sec.UNIVERSITY OF SAN CARLOS Section 195. 193. Waiver of Moral Rights. (Sec. independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right. such fees as may be promulgated by it from time to time subject to the approval of the Department Head. Breach of Contract. (Sec. 194 Section 194.3. This right shall exist during the lifetime of the author and for fifty (50) years after his death. association. (Sec. However.2. 49) (12) Rights of Performers. . 226 Section 198. (Sec. or 195. Damages.D. . To use the name of the author with respect to a work he did not create. No. in particular. 60. Contribution to Collective Work. the Director of the National Library. 39. or the title of his work.D. Scope of Moral Rights. . 40.D. (Sec.The Copyright Section of the National Library shall be classified as a Division upon the effectivity of this Act. Tio Page 15 of 21 Intellectual Property Law . the right that his name. and in default of the heirs. 49) (e) Term of Moral Rights Sec. P. (Sec.D. P. No. 62. or to withhold it from publication. Public Records. No. shall belong to the government. corporation. 199. 49) Section 199. 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. . as far as practicable.The provisions of this Chapter shall not apply to prints. for the discharge of its services under this Act.1.2. To use the name of the author. 198.An author may waive his rights mentioned in Section 193 by a written instrument. 202. 49) (d) Contribution to Collective Work Sec. P. P. 195 Rommel A. . . (Sec.When an author contributes to a collective work. 61.D. because of alterations therein. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. 8 CHAPTER XII Note: The value of the notice of copyright is enforcing your copyright in infringement case CHAPTER XX MISCELLANEOUS PROVISIONS Section 227. 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. partnership. 49) (11) Rights to Proceed in Subsequent Transfers (a) Sale or Lease of Work Sec. 49a) (10) Moral Rights (a) Scope of Moral Rights Sec. 31. his work which would be prejudicial to his honor or reputation. engravings.D. Copyright Division. P D No. 49) (c) Waiver of Moral Rights Sec. 196 Section 196. . such enforcement shall devolve upon either the author's heirs.D. Any damage recovered after the creator's death shall be held in trust for and remitted to his heirs. P. Fees.D.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. .In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer.198. No. "Person" shall mean any individual. works of applied art.4. 58. 36. or society. No. would substantially tend to injure the literary or artistic reputation of another author. 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. No. and 193. damages which may be availed of under the Civil Code may also be recovered. 198. No. . etchings. Ownership of Deposit and Instruments. Term of Moral Rights. .D. No. To require that the authorship of the works be attributed to him. (Sec. and in connection with the public use of his work. No. 49) Section 228.
.9 "Communication to the public of a performance or a sound recording" means the transmission to the public. and 202. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings.3. As regards their performances.3. (Sec. reproduced or communicated through a device.4. 208. Contract Terms. otherwise than by broadcasting. 202. or the representation of sounds. (Sec.2 Section 205. 202. "Sound recording" means the fixation of the sounds of a performance or of other sounds. 205. "Broadcasting" means the transmission by wireless means for the public reception of sounds or of images or of representations thereof.2. The right to authorize the direct or indirect reproduction of their sound recordings. 43. once the performer has authorized the broadcasting or fixation of his performance. 203 Section 203. 203.4. . susceptible of being made visible and. No.7. Scope of Right. susceptible of being made audible. by any medium. The rights granted to a performer in accordance with Subsection 203. in every communication to the public or broadcast of a performance subsequent to the first communication or broadcast thereof by the broadcasting organization. and in default of heirs. where accompanied by sounds. No.For the purpose of this Act. where protection is claimed. the following terms shall have the following meanings: 202. producers of sound recordings shall enjoy the following exclusive rights: 208. 5.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. singers. 203. the provisions of Sections 203 shall have no further application. or of the representations thereof. in any manner or form. 202. . The right to authorize the commercial rental to the public of the original and copies of their sound recordings. 49a) Rommel A. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. as regards his live aural performances or performances fixed in sound recordings. and to object to any distortion. 208. play in. musicians.Subject to the provisions of Section 212. declaim. 205. . or pursuant to the authorization by the performer. An "audiovisual work or fixation" is a work that consists of a series of related images which impart the impression of motion. P. have the right to claim to be identified as the performer of his performances. . 203. Independently of a performer's economic rights. Additional Remuneration for Subsequent Communications or Broadcasts. Limitation on Right. .2. 42. (n) (g) Scope of Right on Sound Recordings Sec.204.1. (n) (f) Contract Terms Sec.Unless otherwise provided in the contract. the performer. No.D. shall. or otherwise perform literary and artistic work. "Producer of a sound recording" means the person.1. . from which they can be perceived.205.UNIVERSITY OF SAN CARLOS RIGHTS OF PERFORMERS. P. That copies are offered to the public in reasonable quality.1. The right of authorizing the making available to the public of their performances fixed in sound recordings.3. PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING ORGANIZATIONS Section 202. the government. (n) (e) Additional Remuneration for Subsequent Communications or Broadcasts Sec. 202.Subject to the provisions of Section 212. dancers. performers shall enjoy the following exclusive rights: 203. P. 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.D. and 208. and (b) The fixation of their unfixed performance. in such a way that members of the public may access them from a place and time individually chosen by them. (Sec. 46. Scope of Performers' Rights. "communication to the public" includes making the sounds or representations of sounds fixed in a sound recording audible to the public. 207 Section 207.2. the right of authorizing: (a) The broadcasting and other communication to the public of their performance. and 203. (b) Scope of Performers’ Rights 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. 49a) (c) Moral Rights of Performers Sec. 210 CHAPTER XIII PRODUCERS OF SOUND RECORDINGS Section 208. 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. or the legal entity. except where the omission is dictated by the manner of the use of the performance.1. sing. with or without accompanying sounds. 202. or representation of sound.5. Subject to the provisions of Section 206.1 Section 204. and other persons who act. 204. by his heirs. Tio Page 16 of 21 Intellectual Property Law . even after distribution by them by or pursuant to authorization by the producer. even after distribution of them by. "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. 202. "Fixation" means the embodiment of sounds. with the consent of the right holder: Provided. 206 Section 206.D. interpret. who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds. 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. by wire or wireless means.2.2. other than in the form of a fixation incorporated in a cinematographic or other audiovisual work. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings. 49) (d) Limitation on Performers’ Rights Sec. Definitions. For purposes of Section 209. "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage in broadcasting.1 shall be maintained and exercised fifty (50) years after his death.1. of sounds of a performance or the representations of sounds fixed in a sound recording. in any manner or form. Moral Rights of Performers. 202. the placing of these reproductions in the market and the right of rental or lending.8. 204. mutilation or other modification of his performances that would be prejudicial to his reputation. 204.6. 205. Subject to the provisions of Section 206. "Performers" are actors.
49a) ABS-CBN vs.1. 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. on April 25. No. The rebroadcasting of their broadcasts. 208 and 209 shall not apply where the acts referred to in those Sections are related to: 212. or is publicly performed with the intention of making and enhancing profit. 4-08-88. No.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. P. authorize or prevent any of the following acts: 211.D. P. PMSI does not perform the functions of a broadcasting organization.5. Jan.D. (13) Term of Protection in General (a) Term of Protection Sec.”. PMSI was granted a legislative franchise under Republic Act No. . with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction. otherwise known as the 1961 Rome Convention. It broadcasts television programs by wireless means to Metro Manila and nearby provinces. television programs shown in Metro Manila and nearby provinces are not necessarily shown in other provinces. No. and the producer of the sound recording shall be paid by the user to both the performers and the producer. or determine the programs to be shown in Channels 2 and 23. together with other paid premium program channels. 04-08-88 excludes DTH satellite television operators? Held PMSI did not infringe on ABS-CBN’s intellectual property rights under the IP Code. 2001. 49) (j) Limitations on Rights Sec.4. negotiations ensued between the parties in an effort to reach a settlement. 211 CHAPTER XIV BROADCASTING ORGANIZATIONS Section 211. ABC Channel 5. NBN. Producers of Phonograms and Broadcasting Organizations. RPN Channel 9.2. select. is used directly for broadcasting or for other communication to the public.2. Subject to the provisions of Subsections 213. a single equitable remuneration for the performer or performers. the Bureau of Legal Affairs (BLA) of the IPO granted ABS-CBN’s application for a temporary restraining order. of their broadcasts for the purpose of communication to the public of television broadcasts of the same.1. thus. Tio Page 17 of 21 Intellectual Property Law . and 212. who. Likewise.1. however. 47. The recording in any manner. the negotiations were terminated on April 4. 86305 on May 7. Thus. On April 27. The use of such records for fresh transmissions or for fresh recording. such as ABS-CBN. or a reproduction of such sound recording. It delivers digital direct-to-home (DTH) television via satellite to its subscribers all over the Philippines. Scope of Right. PMSI suspended its retransmission of Channels 2 and 23. No. Section 6. Using short excerpts for reporting current events. it cannot be said that it is engaged in rebroadcasting Channels 2 and 23. PMSI Argument Broadcasting Channels 1 & 23 is subject to the must-carry rule under Memorandum Circular No. 52. Multi-Media System Inc. Clearly. Philippine Multi-Media System. . However. (Sec. 175769-70. it buys the channels from content providers and transmits on an as-is basis to its viewers. The programs aired over Channels 2 and 23 are either produced by ABS-CBN or purchased from or licensed by other producers. The use by a natural person exclusively for his own personal purposes. 209 Section 209. Thereafter.If a sound recording published for commercial purposes. Limitations on Rights.213. it does not pass itself off as the origin or author of such programs. 212 CHAPTER XV LIMITATIONS ON PROTECTION Section 212.UNIVERSITY OF SAN CARLOS Section 210. (Sec. P. operate and maintain a nationwide DTH satellite service. Limitation of Right.3. Section 202. 49a) (h) Communication to the Public on Sound Recordings Sec. 213 Section 213. On July 12. 2002. (Sec.Sections 203. Fair use of the broadcast subject to the conditions under Section 185. P. and by satellite to provincial stations through Channel 2 on Very High Frequency (VHF) and Channel 23 on Ultra High Frequency (UHF). 48. Channel 4. PMSI merely retransmits the same in accordance with Memorandum Circular 04-08-88. 212. ABS-CBN filed with the IPO a complaint for “Violation of Laws Involving Property Rights. On May 13. broadcasting organizations shall enjoy the exclusive right to carry out. 2002. (Sec. PMSI does not produce. 2001. GMA Channel 7. With regard to its premium channels. Phil. 49a) (i) Scope of Right of Broadcasting Organizations Sec. 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. and IBC Channel 13. PMSI merely carries such signals which the viewers receive in its unaltered form. (PMSI) is the operator of Dream Broadcasting System.D. No. the copyright in works under Sections 172 Rommel A.3. ABS-CBN demanded for PMSI to cease and desist from rebroadcasting Channels 2 and 23. 1998 and was given a Provisional Authority by the National Telecommunications Commission (NTC) on February 1.Subject to the provisions of Section 212. G. 2002 by ABS-CBN allegedly due to PMSI’s inability to ensure the prevention of illegal retransmission and further rebroadcast of its signals. of which the Republic of the Philippines is a signatory. 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. rebroadcasting as defined in Article 3(g) of the International Convention for the Protection of Performers. Communication to the Public. 04-08-88. is “the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.R. 212. .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. 211. It alleged that PMSI’s unauthorized rebroadcasting of Channels 2 and 23 infringed on its broadcasting rights and copyright. 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. On July 2. Inc. 2000 to install. Term of Protection. . 44.” PMSI would not qualify as a broadcasting organization because it does not have the aforementioned responsibilities imposed upon broadcasting organizations. 19. PMSI replied that the rebroadcasting was in accordance with the authority granted it by NTC and its obligation under NTC Memorandum Circular No. Insofar as Channels 2 and 23 are concerned. 2002. as well as the adverse effect of the rebroadcasts on the business operations of its regional television stations. When it commenced operations. including the making of films or the use of video tape.D. ABS-CBN also owns regional television stations which pattern their programming in accordance with perceived demands of the region. and 211.Sections 184 and 185 shall apply mutatis mutandis to the producer of sound recordings. 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. ABS-CBN creates and transmits its own signals. .2 to 213. in the absence of any agreement shall share equally.” On the other hand.
Significantly. 213. ("PD 49") and with unfair competition under Article 189(1) of the Revised Penal Code. Microsoft terminated the Agreement effective 22 June 1995 for Beltron’s non-payment of royalties. if unpublished.M. through its Philippine agent.D. Afterwards. consists in the doing by any person. from the date of making.1 and MS-DOS software. 24(C). United States corporation. The CPU contained pre-installed Microsoft Windows 3. The 12 CD-ROMs. and 213.2. Hence. 215.1.D. (PHILS.D. The extended term shall be applied only to old works with subsisting protection under the prior law. No. 49) (iii) Works of Applied Art Sec.3 213. P. the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published: Provided.D. 21. as amended. 49a) (iv) Photographic Works Sec. P. 49a) (vi) Calculation of Terms Sec.2 shall apply. which is a synonymous term in this connection. P. a PCS employee and an NBI agent posing as representatives of a computer shop. The elements of unfair competition under Article 189(1)43 of the Revised Penal Code are: Section 215. Under Section 2(a) of the Agreement. No. 49a) (14) Infringement (a) How committed Rommel A. accessories.3." The NBI searched the premises of Beltron and TMTC and seized several computer-related hardware.D. The receipt issued to them for the CPU and monitor bore the heading "T. registration cards or certificates of authenticity for the articles they purchased. for a fee. . Beltron Computer Philippines. without the consent of the owner of the copyright. the term shall be twenty (20) years from the date the broadcast took place. In case of photographic works.UNIVERSITY OF SAN CARLOS and 173 shall be protected during the life of the author and for fifty (50) years after his death. No. Producers and Microsoft Corp.) INC. the author's identity is revealed or is no longer in doubt. This rule also applies to posthumous works. 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. encased in plastic containers with Microsoft packaging. user’s manuals. Consequently.2 for Performers. . 214 Section 214.T. 49) (b) Term of Protection Broadcasting Organizations Sec. and.6 213. (Sec. Inc. a private investigative firm. Based on the articles obtained from Beltron and TMC. June 21. 213. 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. On 10 November 1995. Microsoft learned that Beltron were illegally copying and selling Microsoft software. the term shall be fifty (50) years from date of publication and.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. 24(B). fifty (50) years from the making. if unpublished. Microsoft. Microsoft also sought the assistance of the National Bureau of Investigation ("NBI"). 49) (ii) Anonymous or Pseudonymous Works Sec. No. 24(C). Producers and Broadcasting Organizations. 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 5.5.215. under Section 5(A). 215. BELTRON COMPUTER. 25. 2005 Facts Microsoft Corporation ("Microsoft"). the provisions of Subsections 213. P. protected by law. Calculation of Term. 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. Inc. multiply. before the expiration of the said period.D. (Sec. That where. (Sec. P.2. bought computer hardware (central processing unit ("CPU") and computer monitor) and software (12 computer disks ("CDs") in read-only memory ("ROM") format) from Beltron. (Sec. further. hired the services of Pinkerton Consulting Services ("PCS"). ("TMTC") are domestic corporations. In case of audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings. also contained Microsoft software. a Delaware. 213. In case of works of applied art the protection shall be for a period of twenty-five (25) years from the date of making. The rights granted to performers and producers of sound recordings under this law shall expire: (a) For performances not incorporated in recordings. In case of works of joint authorship. as the case may be: Provided. P.D. P. software. 4 213. and infringement of copyright. owns the copyright and trademark to several computer software. and paraphernalia based on the search warrant applied by Microsoft. fifty (50) years from the end of the year in which the recording took place. That such works if not published before shall be protected for fifty (50) years counted from the making of the work. At least two of the CD-ROMs were "installers. 49. 147043. vs.C.5 213. of anything the sole right to do which is conferred by statute on the owner of the copyright. first sentence. the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. (Sec. or piracy. second sentence. No. 49a) (v)Audio-visual Works Sec.R. (Sec. In case of broadcasts.D. (Sec. 49a) (i) Joint Authorship Sec. Microsoft and Beltron entered into a Licensing Agreement ("Agreement"). 215. In May 1993. Microsoft authorized Beltron.4. as amended in January 1994. 21. therefore. a copyright owner is vested with the exclusive right to "copy.2 213. (Sec. In case of anonymous or pseudonymous works. the protection shall be for fifty (50) years from publication of the work and. 213. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. fifty (50) years from the end of the year in which the performance took place. 23. No. 55. [and] sell" his intellectual works. Term of Protection for Performers. 213.1. and (b) For sound or image and sound recordings and for performances incorporated therein. P. ("Beltron") and Taiwan Machinery Display & Trade Center. No. No. Hwang G. distribute. The PCS employee and the NBI agent were not given the Microsoft end-user license agreements. Microsoft alleged that respondents illegally copied and sold Microsoft software. Tio Page 18 of 21 Intellectual Property Law .6. 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." so-called because they contain several software (Microsoft only or both Microsoft and nonMicrosoft).
including the mere offering for sale of the counterfeit goods. Robles still committed copyright infringement. under Section 184. 28. Robles 310 SCRA 522 (1999) Facts Habana is the author of the copyrighted book entitled College English for Today (CET). supra Facts Issues Held (c) Criminal Penalties Sec. After an itemized examination and comparison of the two books (CET and DEP). . illustrations and illustrative examples in their own book. filed with the Regional Trial Court. 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. Habana found that several pages of the Robles’ book are similar. 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. (b) That the general appearance is shown in the (1) goods themselves. installing and selling of counterfeit Microsoft’s products. are mentioned. In copyrighting books the purpose is to give protection to the intellectual product of an author. assembling. They cover a whole range of acts. as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement. 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. 217. 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 an infringement action. which is a case of plagiarism and copyright infringement.000) for the first offense. if appearing on the work. No.2. for impounding during the pendency of the action. hence. Criminal Penalties.000) to One hundred fifty thousand pesos (P150. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. and] (d) That there is actual intent to deceive the public or defraud a competitor. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP). immediately after customs clearance of such goods. (Sec. Remedies for Infringement. Columbia Pictures Inc. 216. Microsoft alleged that they did not authorize Maxicorp for production or selling of their products. despite the apparent textual. including legal costs and other expenses.3 Section 217. Here. In cases of infringement. which the court may deem proper. packaging to marketing. as well as all plates.UNIVERSITY OF SAN CARLOS (a) That the offender gives his goods the general appearance of the goods of another manufacturer or dealer. 216. or in the (3) device or words therein. 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. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. subsidiary imprisonment in cases of insolvency. or. When Habana et al. (e) Such other terms and conditions. Hence. upon such terms and conditions as the court may prescribe. all articles and their packaging alleged to infringe a copyright and implements for making them. 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. wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case.1.2 CHAPTER XVII INFRINGEMENT Section 216. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents. a complaint for “Infringement and/or unfair competition with damages” against private respondents. 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. 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[. there is a clear case of appropriation of copyrighted work for her benefit that Robles committed.000) for the second offense. (b) Pay to the copyright proprietor or his assigns or heirs such actual damages. However. This is precisely what the law on copyright protected. in lieu of actual damages and profits. (d) Deliver under oath for destruction without any compensation all infringing copies or devices. Any person infringing a right protected under this law shall be liable: (a) To an injunction restraining such infringement. Robles ignored the demands. Tio Page 19 of 21 Intellectual Property Law . vs. copying alone is not what is prohibited. 217. from copying. She circulated the book DEP for commercial use and did not acknowledge Habana as her source. and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights. (c) Deliver under oath.D.217. or other means for making such infringing copies as the court may order. Maxicorp Inc 438 SCRA 224 Facts Microsoft sued Maxicorp for copyright infringement and unfair competition for production.500.1. if not all together a copy of Habana’s book. 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. CA. or in the (2) wrapping of their packages. (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. Issues Whether or not. including the payment of moral and exemplary damages. Robles committed no copyright infringement? Held No. to prevent the entry into the channels of commerce of imported goods that involve an infringement.1 (b). vs. Rommel A. (c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five hundred thousand pesos (P500. 216. Microsoft Corp. such damages which to the court shall appear to be just and shall not be regarded as penalty. among others. The court may also order the defendant to desist from an infringement. Makati. scheme of presentation.000) to One million five hundred thousand pesos (P1. (b) Remedies for Infringement Sec.000) to Five hundred thousand pesos (P500. (d) In all cases. molds.000) for the third and subsequent offenses. P. The copying must produce an “injurious effect”. Habana et al. sales invoices and other documents evidencing sales. 49a) Habana vs.216. . thematic and sequential similarity between DEP and CET.
Any person who at the time when copyright subsists in a work has in his possession an article which he knows. 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. hence. 219. with a prayer for the issuance of Temporary Restraining Order (TRO) and/or writ of preliminary injunction. in the absence of proof to the contrary. (2) the contracts he entered into with Bayanihan are mere music publication agreements giving Bayanihan. 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. On the strength of the abovementioned contracts. Three years after the parties entered into a similar contract over Chan's other musical composition entitled "Afraid For Love To Fade". The natural person whose name is indicated on a work in the usual manner as the author shall. 218. whereunder the former assigned to the latter all his rights. or the ownership of copyright in such work or subject matter. 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.2. the article. 219. be presumed to be the author of the work. and Chan from further granting any authority to record and distribute the same musical compositions. and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof. 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. Inc. or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work. 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.219. March 7. or by way of trade offering or exposing for sale. where the pseudonym leaves no doubt as to the identity of the author.. (3) he was not cognizant of the application made by and the subsequent grant of copyrights to Bayanihan. or hire. 8293. (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. BMG Arguments: (1) the acts of recording and publication sought to be enjoined had already been consummated. he caused the rescission of said contracts in 1997. 219. In determining the number of years of imprisonment and the amount of fine. shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned.D. (2) the act against which the injunction is to be directed is a violation of such right. and (b) Where the subsistence of the copyright is established. The person or body corporate whose name appears on a audiovisual work in the usual manner shall. (Bayanihan). No.Apparently. is protected by the mere fact alone that he is the creator thereof.2. Tio Page 20 of 21 Intellectual Property Law . In an action under this Chapter. . 49a) Section 10. Chan. vs. the trial court threaded the correct path in denying petitioner's prayer therefor. 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. 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. Bayanihan filed a against Chan and BMG for violation of Section 216 of Republic Act No. to be an infringing copy of the work for the purpose of: (a) Selling.UNIVERSITY OF SAN CARLOS 217.2 Section 219. 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. 29. No. or ought to know. the power to administer his copyright over his two songs and to act as the exclusive publisher thereof. Demands were made on both to settle the matter with Bayanihan. P. letting for hire. be presumed to be the maker of said work. as assignee. (b) He or the person named therein is the owner of the copyright. (n) Bayanihan Music Phils. Affidavit Evidence. (4) Bayanihan was remissed in its obligations under the contracts because it failed to effectively advertise his musical compositions for almost twenty (20) years. in the absence of proof to the contrary. thereby occasioning unnecessary costs or delay in the proceedings. Hence.1. (n) (e) Presumption of Authorship Sec. (c) Where the defendant. 8293.2 (d) Affidavit Evidence Sec. 218. Inc. Presumption of Authorship. otherwise known as the Intellectual Property Code. 166337. enjoining respondent BMG from further recording and distributing the subject musical compositions in whatever form of musical products.218.2 Section 218.1. without the knowledge and consent of petitioner Bayanihan. . BMG Records G. This provision shall be applicable even if the name is a pseudonym. Bayanihan has no right for right for injunction over the subject musical compositions. the composer and author of the lyrics of the two (2) songs. without good faith. thereby rendering moot Bayanihan's prayer for TRO and/or preliminary injunction.2 of which reads: Held Rommel A. 217. 2005 Facts Jose Mari Chan (Chan) entered into a contract with Bayanihan Music Philippines.R. (b) Distributing the article for purpose of trade. 218. or (c) Trade exhibit of the article in public. However no settlement was reached by the parties. otherwise known as the Intellectual Property Code of the Philippines. puts in issue the questions of whether copyright subsists in a work or other subject matter to which the action relates. interests and participation over his musical composition "Can We Just Stop and Talk A While". Section 172.3. copyright subsisted in the work or other subject matter.2. conformably with Republic Act No. Bayanihan informed Chan and BMG of its existing copyrights over the subject musical compositions and the alleged violation of such right by the two. Chan Arguments: (1) it was never his intention to divest himself of all his rights and interest over the musical compositions in question. Bayanihan applied for and was granted by the National Library a Certificate of Copyright Registration for each of the two musical compositions. (Sec. Chan authorized BMG Records (BMG) to record and distribute the aforementioned musical compositions in a then recently released album of singer Lea Salonga. 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.
Points of Attachment for Broadcasts.The provisions of this Act on the protection of performers shall apply to: 222. 222. International Registration of Works. G.1. 148222. Where the statement is contradicted by another statement recorded in the international register. 221. Sound recordings the producers of which are nationals of the Philippines. Points of Attachment for Performers. or (c) Which has not been fixed in sound recording but are carried by broadcast qualifying for protection under this Act. The provisions of this Act shall also apply to performers who. Where the statement cannot be valid under this Act or any other law concerning intellectual property. (c) Works of architecture erected in the Philippines or other artistic works incorporated in a building or other structure located in the Philippines. recorded in an international register in accordance with an international treaty to which the Philippines is or may become a party.R. 221. (f) International Registration of Works Sec.The provisions of this Act on the protection of sound recordings shall apply to: 223.2. 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. 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.2.A statement concerning a work. Shoemart Inc. 224.1 CHAPTER XVIII SCOPE OF APPLICATION Section 221.UNIVERSITY OF SAN CARLOS 172. 221. as well as of their content. 224.2. 220 Section 220.2.1. . Performers who are nationals of the Philippines. Performers who are not nationals of the Philippines but whose performances: (a) Take place in the Philippines. No. 220. August 15. irrespective of their mode or form of expression.2. 223 Section 223. suffice it to say 'that such purported copyrights are not presumed to subsist in accordance with Section 218[a] and [b]. and 223. . and (e) Works first published in another country but also published in the Philippines within thirty days. the Philippines. or (b) Are incorporated in sound recordings that are protected under this Act. Works are protected by the sole fact of their creation. Points of Attachment for Sound Recordings.221. 224. Points of Attachment for Works under Sections 172 and 173. (n) Pearl & Dean Inc. 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.2. and (b) Broadcasts transmitted from transmitters situated in the Philippines. The copyrights obtained by Bayanihan on the basis of the selfsame two (2) contracts. irrespective of the nationality or residence of the authors. (n) (d) For Broadcast Sec.1. . (n) (15) Points of Attachment of Rights (a)For Literary and Artistic Works and Derivative Works Sec. . vs. 2003 Facts Issues Held (b) For Performers Sec. . because respondent Chan had put in issue the existence thereof. of the Intellectual Property Code. quality and purpose. The protection afforded by this Act to copyrightable works under Sections 172 and 173 shall apply to: (a) Works of authors who are nationals of.224. (n) (c) Of Sound Recordings Sec. (d) Works first published in the Philippines.2 Section 224. shall be construed as true until the contrary is proved except: 220.1. (n) Rommel A. or have their habitual residence in. and to producers of sound recordings and broadcasting organizations which. Sound recordings that were first published in the Philippines.1. Tio Page 21 of 21 Intellectual Property Law . (b) Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines. 222 Section 222.
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