You are on page 1of 3
Iv. - The convention entered into force for the Philippines on 14 July 1980; E. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. - The treaty entered into force for the Philippines on 21 October 1981 F. Agreement on Trade Related Aspects of Intellectual Property, Including Trade In Counterfeit Goods of the General Agreement on Tariffs and Trade. Articles 1-14, 40-73. Tanada v. Angara, 272 SCRA 18 = One of the Multilateral Agreements annexed to the Agreement Establishing the World Trade Organization - Adopted on 15 April 1994 at Marrakesh, Morocco - Ratified by the Senate on 14 December 1994 - Instrument of Ratification signed by President Ramos on 16 December 1994 G. Patent Cooperation Treaty - ‘The Philippine Senate ratified the Patent Cooperation Treaty (PCT) on 05 February 2001 - It entered into force on 17 August 2001. The IPO issued the Philippine Rules on PCT Applications (22 October 2001), as amended by Office Order No. 13, Series ‘of 2002, (14 February 2002). H. Madrid Protocol CIVIL CODE Article 712 Articles 721-724 Articles 520-522 Differences between copyright, trademarks and patent Kho v. Court of Appeals, 379 SCRA 410 (2002) COPYRIGHT AND RELATED RIGHTS A Legislative History of the Law on Copyright and Related Rights (For reference) ‘Spanish Law on Intellectual Property of 1879 U.S. Copyright Law Act 3134 (Copyright Law) Presidential Decree No. 49 (took effect on 27 December 1972) Presidential Decree No. 1988 (amended PD 49 by inserting Section 56) Intellectual Property Code (took effect on 01 January 1998) awaene Law on Copyright Section 241, Intellectual Property Code ("IPC") Section 239.3, IPC Section 236, IPC 1. Definition of Copyright Section 177, IPC Rule 2, Copyright Safeguards and Regulations Rules 11-12, Copyright Safeguards and Regulations Standard for Copyright Protection Section 172.1, IPC Section 172.2, IPC Ching Kian Chuan v. CA, 363 SCRA 142 (2001) Sambar v, Levi Strauss, 378 SCRA 364 (2002) ‘When does Copyright vest? Santos v. McCullough Printing Co., 12 SCRA 321 (1964) Filipino Society of Composers v. Benjamin Tan, 148 SCRA 461 (1987) Sec. 2, PD 49 Article 5(2), Berne Convention for the Protection of Literacy and Artistic Works Section 172 and 172.2, IPC Rule 7, Sections 2-4, Copyright Safeguards and Regulations Scope of Copyright Article 2, Beme Convention for the Protection of Literacy and Artistic Works Sections 172, 172.2, 173, 173.2, 174, IPC Section 175, IPC Section 176, IPC Joaquin v, Drilon, 302 SCRA 225 (1999) United Feature Syndicate v. Munsingwear, 179 SCRA 260 (1989) Feist Publications, Inc. v. Rural Tel. Service Co., 499 US. 340 ‘Who owns Cop\yright? Sec. 178 (and its subparagraphs), Sec. 179, Sec. 174, IPC Article 722 and 723, Civil Code Article 520 of the Civil Code Duration of Copyright Articles 7 and Tbis, Beme Convention for the Protection of Literary and Artistic Works Sec. 213 (and its subparagraphs), Sec. 214, IPC Limitations on Copyright Sections 176 (and its subparagraphs), 171.11, 184, 185, 186, 187, 188, IPC See. 189, IPC Sec. 190, IPC Rule 14, Copyright Safeguards and Regulations Filipino Society of Composers v. Benjamin Tan, 148 SCRA 461 (1987) Philippine Education Co. v. Sotto, 52 Phil, 580 Sony Corp. v. Universal City Studios, 464 U.S. 417, 104 S.Ct. 774, 78 L. Ed. 24. $74 Harper & Row v. Nation Enterprises, 471 U.S. 539, 105 S. Ct. 2218, 85 L. Ed. 2d 588. 8. ‘Voluntary Cancellation of Certificate Sec. 140, IPC 9. Correction of Mistakes Sections 142 and 143, IPC 10. Renewal See, 146 (and its sub-paragraphs), IPC H. Madrid Protocol Rights Conferred Sec. 147 (and its sub-paragraphs), IPC as amended by RA No. 9502 (Universally ‘Accessible Cheaper and Quality Medicines Act of 2008) See. 148, IPC Section 4.2 in relation to Sections 87 and 88, 92, IPC Sec. 149 (and its sub-paragraphs), IPC See. 150 (and its sub-paragraph), IPC Sec. 231, IPC Is there infringement even if the goods are non-competing? Ang Tibay v. Teodoro, 74 Phil 50 Chua Che v. Philippine Patent Office, 13 SCRA 67 (1965). ‘Sta. Ana v. Maliwat, 24 SCRA 108 Philippine Refining Company v. Ng Sam, 115 SCRA 472 Esso Standard Eastern, Inc. v. CA, 116 SCRA 336 Hickok Manufacturing Co. v. CA, 116 SCRA 387 Faberge v. IAC, 215 SCRA 316 Canon Kabushiki v. CA, 336 SCRA 266 (2000) Pearl & Dean v. Shoemart, 409 SCRA 231 (2003) 246 Corporation v. Daway, 416 SCRA 315 (2003) Societe Des Produits Nestle v. CA, 356 SCRA 207 (2001) Levi Strauss v. Clinton Apparelle, GR No. 138900, 20 September 2005 Section 20, RA 166 as compared to Sec. 138, IPC Issue of Parallel Importation: Yu v. CA, 217 SCRA 328 J. Remedies Sec. 3, IPC Sec. 160, IPC See, 231, IPC Leviton Industries v. Salvador, 114 SCRA 420 Puma v. IAC, 158 SCRA 233 La Chemise Lacoste v. Fernandez, 129 SCRA 373 Rules of Procedure for Intellectual Property Rights Cases (A.M. No. 10-3-10-SC) 1, Administrative a) Cancellation Proceedings Sec. 151 (and its sub-paragraphs), IPC See. 152 (and its sub-paragraphs), IPC

You might also like