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Intellectual Property Law

Effectivity: January 1, 1998 International Convention and Reciprocity Any person who is a national or domiciled or has a real and effective industrial establishment in a country which is a party to a convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippine is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law Any condition, restriction, limitation, diminution, requirement, penalty or any similar burden imposed by the law of a foreign country on a Philippine national see ing protection of intellectual property rights in that country, shall be reciprocally enforceable upon nationals of said country, within Philippine !urisdiction La Chemise Lacoste vs. Fernandez "n upholding the right of the petitioner to maintain the present suit before our court for unfair competition or infringement of trademar s of a foreign corporation, we are moreover recogni#ing our duties and the rights of foreign states under the Paris $onvention for the Protection of "ndustrial Property to which the Philippines and %rance are parties& 'e are simply interpreting enforcing a solemn international commitment of the Philippines embodied in a multilateral treaty to which we are a party and which we entered into because it is in our national interest Intellectual Property Rights $opyright and related rights (rademar s and )ervice *ar s +eographic "ndications "ndustrial ,esigns Patents -ay.out ,esign of "ntegrated circuits Protection of /ndisclosed "nformation efinition of !erms !rademar" 0 any visible sign capable of distinguishing the goods or services of an enterprise, shall include a stamped or mar ed container of goods !radename . name or designation identifying or distinguishing an enterprise Copyright 0 scope is confined to literary and artistic which are original intellectual creations in the literary and artistic domain protected from the moment of their creation

Patenta#le Invention 0 any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable !echnology !ransfer $rrangement 0 agreements involving the transfer of systematic nowledge for the manufacture of a product, the application of the process or rendering of a service Pearl and ean vs. %hoemart Protection of the drawing does not extend to the unauthori#ed duplication of the ob!ect drawn of the ob!ect drawn because copyright extends only to the description or expression of the ob!ect and to the ob!ect itself Copyright Infringement o $opyright in the strict sense of the term, is purely a statutory right& 1eing a mere statutory grant, the rights are limited to what the statute confers& "t may be obtained and en!oyed only with respect to the sub!ects and by the persons, and on terms and conditions specified in the statute& Accordingly, it can cover only the wor s falling within the statutory enumeration and description& Patent Infringement o (he certificate of registration issued by the ,irector of Patents can confer the exclusive right to use its own symbol only to those goods specified in the certificate, sub!ect to any conditions and limitations specified in the certificate& 2ne who has adopted and used a trademar on his goods does not prevent the adoption and use of the same trademar by others for products which are of a different description Unfair Competition Patent Infringement o (o be able to effectively and legally preclude other from copying and profiting from the invention, a patent is a primordial requirement& 3o patent, no protection& (he ultimate goal of a patent system is to bring new designs and technologies into the public domain through disclosure& "deas, once disclose to the public without protection of a valid patent, are sub!ect to appropriation without significant restraint& o (hree.fold purpose )ee s to foster and reward invention Promotes disclosures of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires (he stringent requirement for patent protection see to ensure that ideas in the public domain remain there for the free use of the public !echnology !ransfer $greement Agreements involving the transfer of systematic nowledge for the manufacture of a product, the application of the process or rendering of a service *andatory )tipulations

o (hat the laws of the Philippines shall govern the interpretation of the same and in the event of litigation, the venue shall be the proper court in the place where the license has its principal office o $ontinued access to improvements in techniques and processes related to the technology shall be made available during the period of the technology arrangement o "n the event the technology transfer arrangement shall provide for arbitration, the Procedure of Arbitration of the Arbitration -aw of the Philippines or the Arbitration 4ules of the /nited 3ations $ommission on "nternational (rade -aw or the 4ules of $onciliation and Arbitration of the "nternational $hamber of $ommerce shall apply and the venue of arbitration shall be the Philippines or any neutral country o (he Philippines taxes on all payments relating to the technology transfer arrangement himself Prohibited $lause o (hose that impose upon the licensee the obligation to acquire from a specific source capital goods, intermediate products, raw materials and other technologies, or of permanently employing personnel indicated by the licensor o (hose pursuant to which the licensor reserves the right to fix the sale or resale prices of the products manufactured on the basis of the license o (hat that contain restrictions regarding the volume and structure of production o (hose that prohibit the use of competitive technologies in a non.exclusive technology transfer agreement o (hose that establish a full or partial purchase option in favour of the licensor o (hose that require payment of royalties to the owners of patents which are not used

Intellectual Property &ffice 5eaded by a ,irector +eneral, assisted by 6 ,eputies ,irector +eneral 1ureaus o 1ureau of Patents o 1ureau of (rademar s o 1ureau of -egal Affairs o ,ocumentation, "nformation and (echnology (ransfer 1ureau o *anagement "nformation )ystem and 7,P 1ureau o Administrative, %inancial and Personnel )ervices 1ureau (he ,irector +eneral, ,eputies ,irector +eneral, ,irectors and Assistant ,irectors of the 2ffice are all appointed by the President 2ther officers and employees of the 2ffice shall be appointed by the )ecretary of the ,epartment of (rade and "ndustry %unctions o 7xamine applications for grant of letters patent for inventions and register utility models and industrial designs

o 7xamine applications for the registration of mar s, geographic indication, integrated circuits o 4egister technology transfer agreements and settle disputes involving technology transfer payments o Promote the use of patent information as a tool for technology development o Publish regularly in its own publication the patents, mar s, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered o Administratively ad!udicate contested proceedings affecting intellectual property rights o $oordinate with other government agencies and the private sectors in strengthening the protection of "Pirector 'eneral 8ualifications o At least 9: years of age on the day of appointment o 5older of a college degree o 2f proven competence, integrity, probity and independence ,irector +eneral and at least 1 ,eputy +eneral shall members of the Philippine 1ar who is engaged in the practice of law for 1; years (erm of 2ffice o : years o 7ligible for reappointment only once Jurisdiction o 2riginal Jurisdiction ,isputes relating to the terms of license involving the author<s right to public performance or other communication of the wor o 7xclusive Appellate Jurisdiction All decisions rendered by= ,irector of -egal Affairs ,irector of Patents ,irector of (rademar s ,irector of the ,ocumentation, "nformation and (echnology (ransfer 1ureau (here to $ppeal the ecisions of the irector 'eneral $ourt of Appeals o 7xercise of Appellate Jurisdiction on the ,ecisions of= ,irector of Patents ,irector of (rademar s )ecretary of (rade and "ndustry o 7xercise Appellate Jurisdiction on the ,ecisions of= ,irector of ,ocumentation, "nformation and (echnology (ransfer 1ureau o 7xercise of 2riginal ,ecisions

Copyright Copyright 0 legal concept that gives the creator of an original wor exclusive rights to it, usually for a limited period of time Protected from the moment of creation, need not be registered Economic Rights 0 exclusive right to carry out, authori#e or prevent the following acts= 4eproduction of the wor or substantial portion of the wor ,ramati#ation, translation, adaptation, abridgement, arrangement or other transformation of the wor (he first public distribution of the original and each copy of the wor by sale or other forms of transfer of ownership 4ental of the original wor or a copy of an audiovisual or cinematographic wor , a wor embodied in a sound recording, a computer program, a compilation of data and other materials or a musical wor in graphic form, irrespective of the ownership of the original or the copy which is the sub!ect of the rental Public display of the original or a copy of the wor Public performance of the wor 2ther communication to the public of the wor %cope: confined to literary and artistic wor s which are original intellectual creations in the literary and artistic domain protected from the moment of their creation Literary and $rtistic (or" 1oo s, pamphlets, articles and other writings Periodicals and newspaper -ectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other form -etters ,ramatic or dramatico.musical compositions, choreographic wor s or entertainment in dumb shows *usical compositions, with or without words 'or s of drawing, painting, architecture, sculpture, engraving, lithography or other wor s of art> models or designs of art 2riginal ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other wor s of applied art "llustrations, maps, plans, s etches, charts and 9, wor s relative to geography, topography, architecture or science ,rawings or plastic wor s of a scientific or technical character Photographic wor s including wor s produced by a process analogous to photography> lantern slides

Audiovisual wor s and cinematographic wor s and wor s produced by analogous process Pictorial illustrations and advertisements $omputer programs 2ther literary, scholarly, scientific and artistic wor s

Pu#lisher)s Right Publisher 0 someone who ma es public something Publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the wor 4ight of the publisher mat be expanded by agreement with the author who generally owns the copyright erivative (or"s $reations that are based on an existing wor Protected by copyright o ,ramati#ations, translations, adaptations, abridgements, arrangements, and other alterations of literary or artistic wor s o $ollections of literary, scholarly or artistic wor s, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents )hall be protected as new wor s, provided that such new wor shall not affect the force of any subsisting copyright upon the original wor s employed or any part thereof *on+Copyrighta#le )ub!ect matter o "dea, procedure, system method or operation, concept, principle, discovery or mere data o 3ews of the day or other miscellaneous facts having the character of a mere items of press information o Any official text of a legislative, administrative or legal nature $lassifications of sub!ect matter o "nvolves ideas, procedure, systems and others that are not tangible in form o 3ews of the day o 2fficial government text +overnment wor o 3o copyright shall subsist in any wor of the +overnment o Prior approval of the government agency or office wherein the wor is created shall be necessary for exploitation of such wor for profit o 7xception /se of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, etc& in deliberate assemblies and in meeting of public character

o Authors of speeches etc& shall have the exclusive right of ma ing a collection of his wor Rules on &wnership 2riginal= author of the wor Joint authorship o +overned by rules on co.ownership o "f consist of parts that can be used separately and the author of each part can be identified, author of each part shall be the original owner "n the course of employment o 7mployee 0 if creation is not part of his regular duties o 7mployer 0 wor is the result of the performance of his regularly assigned duties $ommissioned wor o (he person who so commissioned the wor shall have the ownership of the wor o $opyright thereto shall remain with the creator, unless there is a written stipulation to the contrary Audiovisual 'or o Producer to the extent required for the exhibition of the wor in any manner o Author of the scenario o $omposer of the music o Author of the wor so adopted -etters o 1elongs to the writer Anonymous and Pseudonyms o Publisher shall be deemed to represent the author?s o 7xceptions= (he contrary appears Pseudonyms or adopted name leaves no doubts as to the author<s identity Author of the anonymous wor discloses his identity $ssignment of Copyright $opyright may be assigned in whole or in part Assignee is entitled to all rights and remedies which the assignor had with respect to the copyright )ubmission of a literary or artistic wor to newspaper, etc for publication= o )hall constitute only a license to ma e a single publication unless a greater right " expressly granted o Joint authorship 0 must be with prior written notice of all owners Assignment must be expressed, not deemed assigned inter vivos (ransfer or assignment shall not constitute a transfer of the material ob!ect Colum#ia Pictures vs C$ "nfringement of a copyright is a trespass on a private domain and occupied by the owner of the copyright

"t is consisted in the doing of any person, without the consent of the owner, of anything the sole owner has the right to do

,oa-uin ,r. vs. rilon $opyright is purely a statutory right, new or independent right granted by the law $opyright may be obtained only for a wor falling within the statutory enumeration $opyright does not extend to the general concept or format $uthor 0 is the natural person who has created the wor Collective (or" 0 is wor which has been created by two @6A 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 Communication to the Pu#lic 0 the ma ing of a wor available to the public by wire or wireless means in such a way that members of the public may access these wor s from a place and time individually chosen by them Computer 0 an electronic or similar device having information.processing capabilities, and a Bcomputer programB is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular tas or result Pu#lic Lending 0 the transfer of possession of the original or a copy of a wor or sound recording for a limited period, for non.profit purposes, by an institution the services of which are available to the public, such as public library or archive Pu#lic Performance Other than audiovisual= the recitation, playing, dancing, acting or otherwise performing the wor , either directly or by means of any device or process Audiovisual Works= the showing of its images in sequence and the ma ing of the sounds accompanying it audible Sound Recording= ma ing the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that familyCs closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and?or at different times, and where the performance can be perceived without the need for communication Pu#lished (or" 0 wor s, , which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these wor s from a place and time individually chosen by them= Provided, (hat availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the wor

Rental 0 the transfer of the possession of the original or a copy of a wor or a sound recording for a limited period of time, for ing purposes Reproduction . ma ing of one @1A or more copies of a wor or a sound recording in any manner or form (or" of $pplied $rt 0 an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale (or" of the 'overnment of the Philippines 0 a wor created by an officer or employee of the Philippine +overnment or any of its subdivisions and instrumentalities, including government. owned or controlled corporations as a part of his regularly prescribed official duties

.idterms E/ams 1& $opyright based on the case of Pearl and ,ean vs )* 6& 'hen is copyright created. from the moment of creation 9& 4efer to ownership on commissioned wor D& $opyright "nfringement :& 'or s not protected ? non.copyrightable wor E& Anonymous or pseudonyms F& *ighty $orporation, non retroactivity p&9 of boo 8& $opyright and e.commerce p&6DE ? /P-$ 9& Publisher<s right 1;& ,erivatives