CHAPTER 1

Intellectual Property Rights

1. RA 8293 “Intellectual Property Code of the Philippines”

- Effective on January 1, 1998.
- Has no retroactive effect, it should be prospective application.
Int’l conventions and reciprocity
Any person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which is a party to any convention, treaty or agreement relating to intellectual
property rights or the repression of unfair competition, to which the Philippines 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, in addition to the
rights to which any owner of an intellectual property right is otherwise entitled by this Act.

1. IE v Dir Emma
2. Sasot v people

2. Intellectual Property Rights

Intellectual Property Rights - has a statutory definitionas that consist of:
a. Copyright and related rights;
b. trademarks and service marks;
c. Geographic Indications;
d. Industrial designs
e. Patents;
f. Layout designs (topographies) of integrated circuits; and
g. Protection of undisclosed information.

Trademark - any visible design capable of distinguishing the goods or services of an enterprise and shall
incl. a stamped or marked container of goods.
Trade Name - name or designation identifying or distinguishing an enterprise.
Copyright - literary or artistic works which are original intellectual creations in the literary artistic domain
protected from the moment of creation.
Patentable inventions - any technical solution of a problem in any field of human activity which is new,
involves an inventive step and is industrially applicable.

3. Pearl v shoemart
4. Elidad kho v ca
5. Juan v Juan

3. Technology transfer arrangement (TTA)

 - Contracts or agreements involving the transfer of systematic knowledge for the manufacture of a
product, the application of a process, or rendering of a service including management contracts;
and transfer, assignment or licensing of all forms of intellectual property rights(IPR), including
licensing of computer software developed for mass market.
TTA is a licensing contract. Between IPR owner, as licensor and a second party, as a licensee.

GR: TTA shall contain stipulations of mandatory prohibitions and if it contains prohibited causes, failure
to comply would automatically render TTA unenforceable.
XPN: if the same is approved and registered with Documentation, Information and Technology.