:_ INTELLECTUAL PROPERTY {Intellectual Property Code [IPC], RA No. 8293) OLPIguacia. The Intellectual Property Code (IPC) 1. Nature and background Case: Mirpuri v:CA, 318 SCRA 516 2. State policies (Sec, 2, IPC) 3. Coverage of the term “intellectual property?" (Sec. 4.1, IPC) 4, Intellectual Property Office (Sec. 5, IPC) i 4.1. Disqualification of IPO Officers & employees (Sec. 19, IPC) oe Paris Convention/intellectual Froperty Section 123.1(e) does not requ iipt the well-known mark be used in commerce in the ‘Philippines but only that it b& well-known in the Philippines (Fredco Mig. Corp. v, President and Fellows of Harvard College (Harvard University), 650 SCRA 232, 01 June 2011), 6 While under the territoriality principle a mark must be used in commerce in the Philippines to 'be ‘entitled to protection, internationally well-known marks are the exceptions to this rule (Fredco ‘Mig. Corp. v, President and Fellows of Harvard College (Harvard University), 650 SCRA 232, Ofune 2011), » Law on Copyright 1 Definition and scope (Sec. 177, IPC) Case; Habana v, Robies, 310 SCRA 511 1.1. Definitions (Sec. 171, IPC) 2, Ownership (Arts. 721-722, Civil Code; Secs. 178-179, PC) Cases: a. Ong v. CA, 363 SCRA 145 . b, Sambar v. Levi, 378 SCRA 364 2.1. Transfer or assignment of copyright. (Secs. 180, 183, IPC) 2.2. Ownership of deposits & instruments (Sec. 227, IPC) 2.3. Public records (Sec. 228, IPC) 2.4, Presumption of authorship (Sec. 219) 3 Works protected (Secs. 172-174, IPC) : Case: Pearl v. Shoemart, 409 SCRA 234, Principle of automatic protection: Warks are protected by the sole fact of their creation, irrespective of their mode or form pf expression, as well as their content, quality and Purse (Sec. 172.2) ; The copyright of a work is acquiredVoy an intellectual creator from the moment of creation even in the absence of registration and deposit (Columbia Pictures v. CA, 261 SCRA 144 [1966)). 4. Works not protected (Secs. 175-176) Cases. Joaquin v. Drilon, GR No, 108946, 28 January 1999 b. Kho v. CA, GR No. 115758, 19 March 2002 5. Rights of authors 5.1. Economic rights (Sec, 177, IPC) §.2. Moral rights (Sees. 193-198, IPC)INTELLECTUAL PROPERTY LAW outing meee 2 10. W. 12. 14, 15, Publisher's rights (Secs. 174 & 180,3, IPC) 7 r| Rights of performers, producers of sound recordings and broadcastit organizations (Secs. 202-212, IPC) . Rights to protéed agalrisl subsequent transfers (Sec. 200-201, IPC) Points of attachment of rights (Sect! 221-224, IPC) Limitations on copyright (Secs! 184-190) 10.1. Fair use (Sec. 185, IPC) « -'The fair use of 2 copyrighted work for’ criticism, comment, news reporting, teaching, including multiple copies for classroom use, scholarsttip, research, and similar purposes is not an infringement of copyright. ; Fair use doctrine: A privilege in others than the owner of a copyright to use the copyrighted material in a reasonable manner without the owner's consent, nptwithstanding the monopoly granted to thé owner. To determine whether fair use has been made of copyrighted material, the quantity and value of material used and extent to which the use may diminish the value of the original work mist be considered:(Black’s Law Dictionary, 6" ed.). 10.2. Work of architecture (Sec. 186) : 10.3. Reproduction of published work; limitations (Sec. 187) * The private reproduction of a published work in a single copy, Where the reproduction is made by a natural person exclusively for research and private study, shall be permitted without authorization of the owner of copyright in the work (Sec. 187.1). . 10.4. Reprographic reproduction by libraries (Sec, 188) 10.5, Reproduction of computer program (Seo. 189) 10.6. Importation for personal use (Sec. 190) Extension of protection to aliens shee Procedure in the registration of copyright (Sees. 191-192, IPC) Casiss: a. Fillpino v. Tan, 148 SCRA 461 i b, Colymbia v. CA, 237 SCRA 367 (1994) Effect if work is not registered (Sec. 191, IPC) Duration of Copyright (Secs. 213 & 214, IPC) Infringement Cases: a. Habana v. Robles, 310 SCRA'511 b. Columbia v. CA, 261 SCRA 144 (1996) Plagiarism: The act of appropriating the literary composition of another, or arts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind. If the material ig Protected by copyright, such act may constitute an offense of copyright inftingement, To be liable for plagiarism it is not necessary to exactly duplicate anothers literary work, it being sufficient if unfair use of such work is made by lifting of substantial portion thereof, but even an exact counterpart of another's work does not constitute plagiarism if such Counterpart was arrived at independently (Black's Law Dictionary, 6” ed).INTELLECTUAL PROPERTY LAW = oultne 3 al 16. 17. Good faith or lack of knowledge is not a Valid defense in infringement of copyright, 4 ~ A copyright is infringed by thé mere fact of the repetition of it or a Substantial portion of it, without authority from the author or writer of the Copyrighted work. Good faith or lack of knowledge is not a valid defense. Remedies for infringement (Sec. 218-218, IPC) Case: Sambar v. Levi, 378 SCRA 364 Differentiated from patent and trademark Cases:a. Kho v. CA, 379 SCRA 410 , b, Pearl v. Shoemart, 409 SCRA 231 Law on Patents 1, Definition (Sees. 23-27, IPC) Case: Kho v. CA, GR No, 118758, 14 March 2002 2. Purpose of patent are Cases:a, Manzano v. CA 278 BORA se b. tf Shoemart, 409 SCRA 231° 3. Utility m¢del (Secs. 108-111, IPC) Case: del Rosdfio v. CA, 255 SCRA 152 A utility jnodel can né longer be patented, t can only be registered for a period of seven (7) years after date of filing of the application, without any possibilty of reniewal (Sec. 109.3). Industrial design (Secs. 112-113, 118-119 IPC) Patentable inventions (Sec. 21, PC) Case: Maguanv. CA, 146 SCRA 107 [An invention to be patentable must possess novelty, originality and precedence. 5.1. Novelty (Sec, 23, IPC) Case: Manzano v. CA, 278 SCRA 688 5.2, Prior art (Sec. 24, IPC) Jescriovon Patent, lew, includes any relevant knowledge, acts, descriptions and patents which pertain to, but predate, inventions aient office in patent cases in support of rejection on mater vf Substance, not form, of ciaim in pending application for patent (Black's Law Dictionary, 6" ed.) 5.3, _ Inventive step (Sec. 26, IPC) , 5.4. Industrial applicability (Sec. 27, IPC)'s, Case: Manzano v. CA, 278 SCRA 686 ig Trade secret : soit jade secret is defined as a plan or process, tool, mechanism “or rece newn only ta its owner and those of his employees to whom tie not patristic The definition also extepds to a socret formula or process Det Patented, but known only to certain individuals using it in Compounding some arlicle of trade having @ commercial value. A trade secret may consist of any formula, pattern, device, or compilation of information that (1) ts used in one's business; and (2) gives the employer an opportunity to obtain en advantage over Competitors who do not possess the irformation. Generally. a trade secrat og