Book of Salao

What is Mercantile Law? (Black’s Law Dictionary)

Essential Characteristics of Intellectual Property & Guiding Principles in the Intellectual Property Code

ISIPIN MO TO

INTELLECTUAL CREATION as an original mode of acquiring ownership

NCC. Article 712.

Modes of Acquiring Ownership

 Merely for acquisition / Original Mode of Acquiring of Ownership (occupation, intellectual

creation, and acquisitive prescription)

Elements of Mode of acquiring ownership.

 Both for Acquisition and Transmission of Ownership (Derivative of acquiring ownership

IPC did not entirely repeal the NCC provisions on Intellectual Creation

NCC: Who owns the material property which is the product of one’s intellectual creation?

IPC: Issue? Who owns the intangible property relating to one’s intellectual creation?

NCC Art. 721 and 722.

NCC. Art. 723. Letters and other private communication in writing are owned:

By the person to whom they are address and delivered

G.R. They cannot be published or disseminated without the consent of the writer or his heirs.

EX: However, the court may authorize their:

 Publication or Dissemination
 If:
The public good or
The interest of justice so requires. (n)

DIFFERENCE INTELLECTUAL CREATION & INTELLECTUAL PROPERTY

STATUTORY CREATIONS or products of legal fiction

1987 Philippine Constitution

Art. II, Sec. 20

Article XIV. Sec. 13

NOT self-executing provisions, thus, needs implementing law.

Source of Intellectual Property Laws

RA 8293 as amended by RA 9150, 9502, and 10372

NCC

A.M No. 10-3-10-SC

IPC: Sec. 2. Declaration of State Policy.

Statutory Creations:

Joanquin Jr. V. Drilon,

Statutory Grant.

Intellectual Property Law is a product of legislative grace.

INTANGIBLE OR INCORPOREAL PROPERTIES

Types of Property from the viewpoint of material existence:

1. Corporeal/tangible property
2. Incorporeal/Intangible property

INCORPOREAL PROPERTY is traditionally broken down into two classes:

JURA IN RE ALIENA

Ex. Lease hold rights, mortgage rights.

Rights, Burdens, or Encumbrances whose existences are DERIVED from or ATTACH to the existence of
other corporeal or incorporeal things.

and JURA IN RE PROPRIA

Ex. Patent right

Independent rights of full ownership over thing, whose existence is separate and distinct from the
creation of the material things to which they relate.

DISTILLERIA WASHINGTON, INC. or WASHINGTON DISTILLERY, INC. v. THE HONORABLE COURT OF

APPEALS and LA TONDENA DISTILLERS, INC.

The incorporeal right, however, is distinct from the property in the material object subject to it.
Ownership in one does not necessarily vest ownership in the other.
PROPERTY RIGHTS & PRIVATE RIGHTS

NCC (Art. 414)

1. Appropriation
2. Utility
3. Substantivity

1986 Constitution. Art. 3, Sec. 1

PRINCIPLES RELATING PROPERTY RIGHTS:

An infringement of intellectual rights is no less vicious and condemnable as theft of material property,
whether personal or real. (AMIGO MANUFACTURING, INC. CLUETT PEABODY Co., INC.)

It must be emphasized that IP is a private right. (TRIPS Agreement)

INCLUDES THOSE IPRs specifically enumerated under Sec. 4 of the IPC

NOT RETROACTIVE BUT PROSPECTIVE for the application of the IPC provisions

MANDATORY under Treaty Obligations and International Agreements, subject ot Territoriality principle

OF an industrial or artistic nature & economic or commercial value

THEORIES FOR INTELLECTUAL PROPERTY PROTECTION

OBSERVANCE of administrative regulations, laws & judicial rules and procedures