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1.

Rights of authors
a. Economic rights – carryout and authorize or prevent the ff acts;
b. Moral rights
2. Who owns? One creator- sya iyang heris assignors
joint- co authors shall be the owners of the copyrignt in abs
3. Remedies in infringement
a. Injunction to prevent infringement
b. Action for damages which should be filed within four 4 years. Based on the sales made
of defendants infringing the work mnus whatever the cost of the defencdant
c. Criminal case. Imprisonment and fine. Subsidiary imprisonment in case of insolvency
4. Trade marks – marks that cannot be registered

DESCRIPTIVE
These are marks that describe the characteristics of the goods or services. Examples are “DURABLE” for
shoes (describes the quality), “A LITER” for cooking oil (quantity), and so is “KITCHEN” for cooking
utensils (intended purpose).

MISLEADING
Marks that are likely to deceive or have the tendency to misinform the consumers about the actual
characteristics of the goods or services like “BOLPENS” for pencils, “COLA” for alcoholic beverages,
“BULAKAN” for sweets not originating from or produced in Bulacan.

`GENERIC and customary to trade


Generic marks are names of products they seek to identify. For instance, “KAP KEYK” for cupcakes,
”CAFFE” for coffee and “MAKINAH” for machines.

Marks and indications that have become common in everyday language or usage can not be registered.
They no longer distinguish the goods and services because they are used so often to refer to the goods
and services. Example of this is “VCO” for virgin coconut oil, “DIAMOND PEEL” for services involving
cosmetic procedure.

Contrary to Public Order or Morality


Marks that are against the common standard of morality. An example is “PRO-TERRORISM” for clothing.

CONSISTS OF NAMES, PORTRAITS OF PERSONS, MAPS, FLAGS AND OTHER POLITICAL


SYMBOLS
Marks that contain names or portraits of living individuals may be rejected unless the individual gives
written consent. For instance, no one can use the picture of Manny Pacquiao as a trademark unless he is
Mr. Pacquiao himself or he was duly authorized by Mr. Pacquiao.

SHAPE AND COLOR


Shapes must be distinctive from the usual shape of goods or containers of the goods, in order to be
considered a trademark. One classic example is the COKE BOTTLE.
Color alone is not accepted unless it is defined by a given form.

MARKS THAT MAY CAUSE CONFUSION


Your mark cannot be registered if it is identical with or similar to a registered mark or a mark with earlier
filing date for goods and services that are exactly the same or for goods and services that are
related. Consumers should not confuse your mark with the marks of others.

Identical with, or confusingly similar to WELL-KNOWN MARKS


Marks that are identical with or similar to marks that are known internationally and in the Philippines will
be refused registration.

Customary sign in everyday language


Consist of flag or coat of arms of phil or any foreigen nation

5. Duration – 10 years subject to definite renewal for period of 10 years

6. Test –

a. dominancy test – focused on the similarity of the prevalent features of the competing
trademarks whichs might cause confusion or deception and thus infringement. The
question is whether the use of such marks involved is likely to casue confusion or
mistake in the mind of public or decived purchasers. Signs color shapes, design peculiar
shapes…
b. hotilistic test – requires that the entirety of the marks in question ve considred in resolving
confusing similarity. Not only on the predominat words but also on the features appearing
in both labels in order that he may draw his conclusion whther one is confusingly similar
7. Aural effects/idems sonan rule – aural effects of the words my be taken in consideration
PYCNOGENOL- PCO GENOL
8. Exapnsion of business rule. Not limited to guading goods but also extends to the use of junior
appropriate is likely to create confusion to goods