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    19 views23 pages

    IP Notes

    Uploaded by

    RNicolo Ballesteros
    Copyright

    Copyright:

    © All Rights Reserved
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    percentage based upon the amount of gross sales of the defendant or the value of the services in connection with which the mark or trade name was used in the infringement of the rights of the complaining party. COPYRIGHT A right over literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of creation (Sec. 171.1, IPC). Duration of the author's copyright Copyright shall last during the lifetime of the author and 50 years after his death. Copyright is not an absolute right There is no absolute protection unlike the protection in tangible properties where one can do anything so long as you will not violate the rights of others. In the case of copyright, there is a limitation on the term of protection SR Cd oh Elements of copyrightability 1. Originality - Must have been created by the author's own skill, labor, and judgment without directly copying or evasively imitating the work of another (Ching Kian Chuan v. CA, G.R. No. 130360, Aug. 15, 2001). Works of are 12:00 Gd < Untvensity oF Santo 2019 Govern Nores 2019 UST Gold 8 all 68% MERCANTILE LAW Note: Minimal degree of creativity suices. 2 Rxpression - Must be embodied in a medium sulciently permanent or stable to permititto be perceived, reproduced or communicated fora peried more than transitory duration. Copyright In the strict sense ofthe term ts purely statutory right Being a mere statutory grant. the ‘ights are limited to what the statute confers. It ‘may be obtained and enjoyed only with respect to ‘the subjects and bythe persons, and on terms and conditions specified inthe statute Accordingly, fan only cover the works falling. within the SSatutory enumeration er description. Only the ‘expression ofan ideas protected by copyright nat the Kea ite (Pear & Deon Inc. vs Shoemart Inc, GR No. 148222, August 15,2003; Joaquin, Jr. ¥5 Drilon, GR No. 108946 Jonuary 28,1999; Ching ws ‘Solin’, GR No. 161295, June 29,2005) Functional components of useful articles, no ‘matter how artistically designed, have generally ‘been denied copyright protection unless they are suparable from the useful article A useful aride ‘maybe eopyrightale only if andenly tothe extent that such design inconporates pictorial. graphic. and sculptural features that can be ideniied Separately from and are capable of existing Independently of the uilltarian aspects of the atile (Ching v.Solinas GR No, 161295, June 29, 2005). Elements of 4 Independently created by the author and 2. Possesses some minimal degree of creativity ‘Time swhen copyright uests Principle of automatic protection - Works are protected from the time of thelr creation, Irrespective of theirmode or form of expression as ‘well as oftheir content, quality and purpose (Sec 22,1). PD. 49, as amended, does not require registration and deposit fora creator tobe able to flean actin for infringement ofhis rights. These conditionsare merely pre-requisites to am action for damages. So 35 long as the proscribed acts are shown to exist, fn action for infringement may be intiated (Columbia Pictures, nc. ¥. CA, GR No. 110318, ‘August 28, 1996) ‘The certincates of registration and deposit issued by the Notional Library and the Supreme Court Library serve merely at notice of recording and rpletration ofthe work but do not confer any right oF tile upon the registered copyright owner oF Automatically put his work under the protective ‘mantle ofthe copyright law. tis not a conclusive proof of copyright ownership. AS Ik Is nos: ‘egistration and depost of the work within the prescribed period only makes the copyright owner liable to "pay a fine (Manly Sportswear ‘Manufacturing Inv Dadodette Emerpises and/or Hermes SportsCenter, GR. No. 165306, September 20,2005}, ‘Copyright and Material Object “The copyright fs distinct from the property i the ‘material object subject to it Consequently, the transfer, assignment or licensing ofthe copyright shallot tel constitatea transfer ofthe material ‘object. Nor shall a transfer or assignment of the sole copy of of one or several copies ofthe work Imply transfer, assignment or licensing of the copyright (IPC, of omended by RA 10372, Sec 181), (Copyrightas distinct from material abject GR: The copyrights distinct fom the property in ‘the material object subject to Consequently, the ‘eansfer or assignment ofthe copyright shall not Itself constitute a transfer of the material objet Nor shall a transferor assignment af the sole copy cor of one or several copies of the work imply transferor assignment of the copyright {XPN: Work of Architecture - Copyright na work of Architecture stall include the ght to contra the rection of any building which reproduces the ‘whole ora substantial part ofthe work ether in its ‘original form or in any form recognizably derived from the orignal: Provided, That the copyright in any sich workstall not nce the ight to contol the reconstruction or rehabilitation in the same syle asthe original of a building to which that copyright relates (IPC Se. 186). (Bol DM WaP GasP APCO) Books, pampllets, articles and other writings b Lectures, sermons, addresses, Aissetations prepared for Oral delivery, whether or ot reduced in writing. oF ‘other material orm Letters Dramatic choreographic works fe Musical compositions ‘or SauroTomas .cuLTY oF CH¥HL Law. INTELLECTUAL PROPERTY CODE August 28,1996). ‘The certificates of registration and deposit issued by the National Library and the Supreme Court brary serve merely a8 a notice of recording and registration ofthe work but donot confer any ight dissertations prepared for Oral delive whether or aot reduced In writing ‘ther material form Letters ‘Dramatic choreographic works Musical compositions as nares a INTELLECTUAL PROPERTY CODE ‘Works of Ar Periodicals and Newspapers Weis elaets Geoppty. opoapt, architecture ar science ‘Works of Applied art Works of a Scentifc or technical character 4k Photograpc works ‘Audiovisial works and cinematographic ‘works Pictorial lustrations and advertisements Computer programs; and Other Iterary, scholarly, sclentiic and artistic works (IPG Sec 172.1), Dramatizations, translations, adaptations, abridgements, arrangements. and other ‘alterations of iterary or artistic works; 1b Collections ofiterary, scholarly, or artistic ‘works and compilations of data and ocher materials which ae original by reason of the selection or coordination or arrangement oftheir contents (1PC, Sec W739, vropes oes Derivative works shall be protected as new works, provided that such new work shall not lect the Toree ofany subsisting copyright upon the original ‘works employed or any part thereof, or be ‘construed to imply any right to such use of the ‘orignal works, oF to secure or extend copyright in such original works (PG Sec 1732) Q PRD was granted a copyright on the ‘A: NO. PD's copyright protection extended only to the technical drawings and not tothe ight box itselThe light box was nota literary or artistic piece which could be copyrighted under the ‘Copyright law If SMI reprinted PRD's technical ‘drawings forsale to the public without license ‘rom PAD, then no doubt they would have been sully of copyright infringement. Only the ‘spression ofan ideas protected by copyright not ‘the idea itselL I what P&D sought was exclusivity ‘over the light boxes, it should have instead procured a patent over the light boxes itself (earl ‘and Dean Inv. Shoe Mart Inc, GR No. 148222 ‘August 15,2003). Univansity oF Santo Tomas conclusively proven that Juan Xavier was not ‘aware thatthe story of Manoling Santiago was protected by copyright. Manoling Santiago ‘Sued Juan Xavier for infringement of copyright. Is Juan Xavier liable? (1998 Bary ‘Ac YES. Juan Xavier s lable for infringement of copyright eis not necessary that Juan Xavier Is fare thatthe story of Manoling Santiago was protected by copyright. The work of Manoliag Santiago is protected from the time of is creation. ‘There wil stil be originality sufcient to warrant copyright protection ifthe author, through his Skil and effort, has contributed a distinguishable ‘aration from the older works" In such a case, of course, only those parts which are new are protected by the new copyright. Hence, n such a as, there s no case of infringement. Juan Xavier Iso less an “author” because others have preceded him (Habana v Robles, GR No. 131522, July 13,1999). 2 News of the day and other items of press Information 3. Any official text of alegisative administrative for leyal nature, aswell as any fic transaton thereof Pleadings Decisions of courts and tnbunals his refers to original decisions and not to annotated ‘decisions such as the SCRA or SCAD a5 these already’ fll under the classiication of ‘erwative works, hence copyrightable 6. Any work the government ofthe Philippines (GR: Conditions imposed prior the approval of the government agency or office wherein the work is created shall be necessary” for ‘exploitation of such work for profit. Such agency oF office, may, among ther things, Impose a condition the payment of royalties. XPN: No prior approval or conditions shal be required forth use of any purpose of statutes, ‘ules and regulations, and speeches, lectures, Sermons, addresses, and dissertations. Pronounced, read, or rendered in courts of [stice, before administration agencies, in MERCANTILE LAW Aelierative assemblies and in meetings of public character (6 Sec. 176) 7. ‘TW programs, format of TV programs (Joaquin 1: Drilor Gt No, 108946, jn. 28, 1999) Systems of bookkeeping: and Statutes ee ‘Acopyrightabe work refers to lterary and artis ‘works defined as original intellectual creations the literary and artistic domain. A hatch door, its nature san object of uty. ts defined at ‘small door, small gate or an opening tt ‘resembles a window equipped with an escape | se tn tees a ee i cee allty of copyright ‘infringement. Only the ‘pression ofan ideas protectod by copyright not tees itslef what PRD sought was exclusivity er the light boxes, it should have instead cured patent over the light boxes itself (Paar! tid Doon Inc v.Shoe Mart In, Gt No. 148222, gust 15,2003) ‘tmpece cs condition the payment ef soyeltics. XPN: No prior approval or conditions shall be ‘required fr the use of any purpose of statutes, rules and regulation, and spooches, loetures, sermons, addresses, and dissertations, pronounced, read. or rendered in courts of Justice, before administration agencies, tn MERCANTILE LAW deliberative assemblies and in meetings of Dublic character (120 Sec 176) 7. TV programs, format of TY programs Joaquin v.Drlon GR No. 108946, Jan 28, 1999) 8 Systems of bookkeeping, and 9. Statutes, @X,an amateur astronomer, stumbled upon ‘what appeared to be a massive volcanic ‘eruption in Jupiter while peering at the planet through his telescope. The fllowing week, X, without notes, presented a lecture an his findings beore the Association of Astronomers, ‘ofthe Philippines. To his dismay, he later read fn article ina science journal written by Y, a professional “astronomer, repeating exactly ‘what X discovered without any attribution £0 him, Has Y infringed on X's copyright, if any? (@o11 har) [A: NO, because mo protection extends to any discovery, even fexpressed, explained, strated, ‘orembodied ina work. Rural isa certified public utility providing twlephone service to several communities in ‘Manila. 1 obtains data forthe directory from subscribers, who must provide their names and siddresses to obtain telephone service Feist Publications, Inc, Is. '2. publishing telephone directories covering a much larger geographic range than directories such as Rural’ Feist extracted the listings it needed from Rurals's directory without its consent. Are directories copyrightable? A: NO. Directories are not copyrightable and therefore the use of them does not constitute Infringement. The IPC mandates originality a6 3 prerequisite for copyright protection. This requirement necessitates Independent creation ‘lus a modicum of creativity. Since faets do not ‘we thelr origin to an act of authorship, they are ‘ot orignal, and thus are not copyrightable. A compilations not copyrightable per se, but Is ‘opyrightable only ft acts have been “selected, ‘coordinated oF arranged in such a way that the resulting work asa whole constitutes an original ‘work of autharship.” Nonetheless, a compilation that Is copyrightable receives only. limited protection fr the copyright does not extend to facts contained in the compilation (Feit Publications Inc v Rural Telephone Service Ca, 499 us 340), ‘An object of utility isnot copyrightable ‘Acopyrightable work refers lerary nd artistic ‘works defined as original intellectual creations in the literary and artistic domain. A hateh door, by its nature Is an abject of wtiity ts defined as 2 small door, small gate or an opening. that ‘esembles a window equipped with an escape for Use in case of fire or emergency. itis thus by ‘ature fanctional and wilitarian serving as egress access during emergency. It is not primarily an Artistic creation but rather an object of lity ‘esigned to have aesthetic appeal. Itsintrnseally ‘ssefl article, which, asa whole, snot eligible for copyright. ‘The only instance when a useful article may be the subject of copyright protection is when it Incorporates a design element that is physically oF conceptually separable from the underlying [product This means thatthe uiitarian arti ean function without the design element. In such an Instance, the design element is eligible for copyright protection (Sion Olan, eal Lim Eng (CoLGR No 195835, March 14 2026). RN ‘Rights of convrisht owners (1995 Bar) 1. Feonomie rights — The right to cary out, author of prevent the following acts (ReCa FReP20): Reproduction ofthe work or substantial portion thereat b Gary-out derwate work (dramatization, translation, adaptation, bridgement, arrangement or other {transformation a the work) {Furst distribution of the orignal and each copy ofthe work by sale or other forms of transfer of ownership Rental ight able dgplay Public performance ‘Other communications tothe public wee Note: Assignment of rights mast be ln waiting tobevalid, 2. Moral rights ~For reasons of professionalism and propriety the author has the right. To require that the authorship of the works be attributed to him (atibuion oh) 1 Tomake any alterations of his work peor {0,or to withhold irom publication To preserve integrity of work, abject to any’ distortion, mutation “or other Usivensiry or Saxro Tomas Facuury ov Chiu Law INTELLECTUAL PROPERTY CODE ‘modification which would be prejdiciat {o hishonor oF reputation; and ‘To restrain the use of his name with respect 10 any work not of his own Creation or in 2 distorted version of his listening tothe musi, but the music provided efor the purpose of entertaining and. amusing the customers in order to make the establishment ‘more atractive and desirable. For the playing and ‘singing the musical compositions involved, the eee ee ee facts contained in’ the compilation (Feit Publications nc v Rural Telephone Service Co, 499° us.340), ‘An object of utility fs not copyrightable To require that the authorship of th works be attributed to him (atributi ght) 1b. Tomake any alterations ofhis work pi 1,0r to withhold lt from publication © To preserve integrity of work, object any" distortion, mutilation or othe instr oF SANTO TOMAS 407 Facuury ov Civit Law INTELLECTUAL PROPERTY CODE ‘modification which would be prejudicial twohishonor or reputation; and 4 To restrain the use of his ame with respect 10 any work not of is own creation or ina distorted version of his work (PG, Se.193), 3. Droit de suite or “art proceeds right” s the artists resle right, which requires that a percentage of the resale price of an arise ‘work is paid 0 the author. The rights ‘exercisable even after the author's death, [rovided the work is stil in copyright (Dovid Bainbridge, itllectol Property 3% Ed, p. 220 1996, also cited in Copyright Law of the Philipines by D. Fura), 1n every sale oF lease of an original work of painting oF seupture or of the orginal ‘manuscript of a writer or composer, stubsequent tothe first deposition thereof by the author, the author or his heirs shall have an inalenabl right to participate in the gross Draceeds ofthe sale or lease tothe extent of ive percent (5%) (Sec 200.1PC), : Ponts Etchings Engravings ‘Works of applied art ‘Similar works wherein the author primarily erives gain from the proceeds of reproductions (IPC Sec 201) pence Q ABC is the owner of certain musical ‘compositions among which are the songs ‘entitled: "Dahil Sa Iyo", "Sapaghat law Ay ‘Akin “Sapaglat Kami Ay Tao Lamang” and “rhe Nearness. Of You" Soda Fountain Restaurant hired a combo with professional singers to play and sing musical compositions ‘without any Hicense oF permission from ABC to play or sing the same. Accordingly, ABC ‘demanded from Soda Fountain payment of the necessary license fee for the playing. and singing of aforesaid compositions but the demand was ignored. ABC led an Infringement case against Soda Fountain, Does the playing and singing of musical ‘compositions inside ‘establishment ‘constitute public performance for profit? ‘AYES. The patrons ofthe Soda Fountain pay only for the food and drinks and apparently not for )) univensiey Torco. Uistening tothe musi, but the music provided is for the purpose of entertaining and’ amusing the ‘customers in order to make the establishment ‘more attractive and desirable. For the paying and Singlag the musical compositions involved, the {combo was paié as independent contractors by Soda Fountal. It Is Uherefore obvious that the ‘expenses entalled therchy are added to the ‘overhead of the restaurant which are either ‘eventually charged in the price ofthe food and. ‘rinks oF to the overall otal of adaitional income ‘produced by the bigger volume of business which the enterainment was programmed to attract. Consequently, i is beyond question that the playing and Singing of the combo in defendant ‘pelle's restaurant constituted performance for Drofit (FILSCAP v. Tan, GR, No. 136402, Mer. 16 1980). Performance ofa contract ‘An author cannot be compelled to perform his Contract to create a work or forthe publication of ‘his work already n existence. However, he may be Ihld liable for damages for breach of such contract (4, Se. 195). [MORAL RIGHTS ‘Nature of moral rights ‘These are personal rights Independent from the ‘economic rights. Being a persona right. itcanonly bbe given toa natural person. Hence,even fhe has licensed or assigned his economic rights, he Continues to enjoy the above-mentioned moral ‘rights (Amador, 2007). ‘Termof moral richts “Te ight ofan author sallast during the feime ‘ofthe author and IN PERPETUITY after his death (ele the sgh under sections 1932, 1933 and 1934 shall be coterminous wih the economic "igh, the moral rights shall ot be asa or ‘subject to Ilcenge. Te person or persons to be Charged withthe posthumous enforcement of ‘teserightshallbe named inawritennstruent ‘which sal be Bled wit the National Library. In emule of “Such person oF persons such fnforcement shall devolve upon ether the Suthors els, and in default of the heirs, the Director ofthe National Library (FG Sec 198 ‘Exceptions tomaral rights 4. Absentany special contract atthe time creator licenses/permits another to use his work, the following are deemed not to contravene MERCANTILE LAW creator's moral rights, provided they are done {accordance with reasonable customary standards o requlsites ofthe medium: 3. Editing b. Arranging ‘istribution of them by, oF parsuant to th ‘authorization by the performer: and 'S. Right of authorizing the making available t the publica theirperformancesfixed in oun ‘recordings or audiovisual works or fixation Ss = oe 2 positions inside an establishment ‘stitute public performance for profit? "ES. The patrons ofthe Soda Fountain pay only the food and drinks and apparently not for ‘Exceptions to moral rights 1. Absentany special contract atthe time creator lienses/permits another to se his work. the following are deemed. not to contravene wwe pages ofthe book of Professor Rosario mae fewrting 8 fwthout voting the copyright law? (1958 pice Ban) Performing 2 fermen wor ‘A: YES,a person may photocopy some of ages of or doing Professor Roraris book fora fonga i ot for Sryting tat pull use or dtrbuton ant does not copy the normaly Sibstantial tert or “hear” of the book, ft considered (0 Censideredas a ase ofthe copyrighted work eee clase right Plaiorsm le copyright Plaglram means the theft of another person's fale language, thoughts or lds. To plagare Isto Theres 0 | BT take (ess ering ec) rm (another) na past coopiatt | decinents can them off as one's own. The passing off ofthe work ‘of another 3s one's own Is thus an Indispensable elemento plagiarism. Plaglarsm presupposes intent and a deliberate, 's work and passit ‘olf as one's oven (In the matter ofthe charges of plopiarism against Associate Justice Morano C Del conscious effort to ste anoth Castla, AM. No, 10-7-17C, October 12,2010). ‘Copyright Infringement vs. Plagiarism, The The use of unauthorized_| anothers we of | information, copyrighted” | language. oF material ina | writing. when ‘manner that | dane without violates one of | proper the copyright | acknowledgmen ‘owners | tof the orginal fexdusive | source ght, such as the right to reproduce or perform the copyrighted work oF to make ‘erivatve ‘works that bull upon Copyright| Plagiarism 6 Infringement | specific as it isa very broad | refers only ¢0 term that | using someone Coverage | iescrives a eles work variety of acs. | without proper We may be | acknowledgeme duplication of nt 419 Facutry oF Civ ote inngenen_| te pparted Docamen |e pbic | ones Sounens | mt loowedge Tao ste a the coming | Sed aot" be scoring | mus, | banal Ta cope | garam, may Initagene | eit even i ores |the "copying | tone the tee raw | some word ae Gecgpeaion | ed exret cofanides. | anidea ‘Remedies in case ofconyright infringement Injunction Damages, including legal costs and other ‘expenses, as he may have incurred due tothe Inringement as well asthe profits the Infringer_ may have made due to such infringement Impounding during the pendency ofthe action sales invoices and” other” documents evidencing sales 44 Destruction without any compensation all infringing copies 5. Moral and Exemplary damages (IPG Sec 216);0" 6. ‘Seinure and impounding of any artic, which ‘may serve "as evidence in the court proceedings (PC Sec 2162). ‘The copyright owner may elect at any time before final judgment is rendered, to recover instead of actual damages and profits an award of statutory damages for all infringements involved in an action in a sum equivalent to the fling fee of the Infringement action but not less than Fity thousand pesos (P 50,000.00) (PG as amended by RANo. 10372, See 2161) Univesity) Saxro Tomas. aw INTELLECTUAL PROPERTY CODE, factors_to_be im :maarding statutory damages Nature and purpose ofthe intinging act: Flagrancy of the infringement; Whetherthe defendant acted i bad faith; Need for deterrence, Any loss thatthe plant has suffered oF 1s ely to sulle by reason ofthe inangement, and ‘Criminal penalties in _case_of copyright {infringement Imprisonment of one (1) year to three (3) ‘yeas plas 9 ine nging from Pity thousand pesos (P50.000) to One hundred nity ‘thousand pesos (P150,000) fer the frst “offense Imprisonment of three (3) years and one (1) ‘day to six (6) years plus a fine ranging from action in 2 sum equivalent to the filing fee of t Infingement action but not less than FL ‘thousand pesos (P 50,000.00) (1PC as amended RA.No. 10372 Sec-2161). Usivansiry oF Santo. a vorcnntae INTELLECTUAL PROPERTY CODE 4 Nature and purpose ofthe infringing act 2 Magrancy ofthe infringement; 4 Whether the defendant acted in bad faith; 4. Need for deterrence 5. Any loss thatthe plaintiff has sufered or is Mklyto suffer by reason ofthe infeingement, and 46. Any benefit shown to have accrued to the {defendant by reason ofthe infringement Double damages ‘The amount of damages tobe awarded shall be ‘doubled against any person whe: A Crcumventselfecive technological measures; Navingreasonabe grounds to know that twill Induce, enable, facilitate or conceal the Infringement, remave oF ater any electronic ‘ghts management information fom copy of 4 work, sound recording, or fixation of a performance, or distribute, import for Aistrbation,broadeast or communicate tothe public works or copies of works without Authonty, knowing that electronic rights ‘management information has been removed for altered without authority (IPC os amended by RA.No 10372, See 216.1). ‘Technological Measure leis any technology, device or component that, in ‘the normal course ofits operation, restricts acts in respect of a work performance or sound recording, which are ot authorized by the Authors, performers. or producers of sound recordings concerned or permited by law (IPC See. 17112 as emended) ‘Rights Management Information [eis information which dentifis the work sound recording or performance; the author ofthe work, producer ofthe sound recording or perormer of the performance, the owner of any right in the work, sound recording ar perlormance; oF Information about the terms and conditions ofthe ‘use of the work, sound reeoeding ar performance; land any number or code that represent such information when any ofthese tems is attached to 2 copy ofthe work sound recording or Nuation of performance or appears In conjunction with the ‘communication to the public of a work. sound ‘ecording or performance (UPC Sec. 17113}. infringement 4 Imprisonment of one (1) year to three (3) ‘years plus a fine ranging from Pity thousand pesos (P50,000) to One hundred” fity thousand pesos (P150,000) for the frst “offense 2 Imprisonment of three (5) years and one (1) day to six (6) years plus a fine ranging from ‘One hundred ity thousand pesos to Five ‘hundred thousand (P500,000) forthe second offense 3. Imprisonment of sic (6) years and one day to nine (9) years plus 2 fine ranging fram Five Tnundred "thousand pesos (P500,000) t@ 1,500,000 forthe third offense. 4 Imallcases subsidiary imprisonment in cases ‘of tnsolvency (IPG See See 217). Determination of penalty ‘The court shall consider the valu ofthe Infringing materials that the defendant has produced oF ‘manulactured and the damage that the copyright ‘owner has suflered by reason ofthe infringement: Provided, that the respective maximum penalty stated in Section 217.1. (a), (0) and (c) herein for the fist, second, third and subsequent offense, shall be Imposed when the infringement is commited by 2. Clreumvention of effective technological measures; b. Removal or alteration of any electronic rights management information from 3 copy af 3 ‘work, sound recording or fuation of 2 Performance, by a person, knowingly and ‘without authority, oF € Distribution, importation for distribution, ‘broadcast, or communication to the public of ‘works oF copes of works, by a person without Authority, knowing that electronic rights ‘management information has been removed ‘oraltered without authority (JP See 217.2, a5 ‘amended by RA No. 10372). Alfidavit evidence Ieisam aftdavst made before the notary public in actions for infringement, reciting the facts required tbe stated under the Ser 216 7 of PC ‘As a prima facie proot, the affdavit shits the burden of proof to the defendant, to prove the ownership of the copyrighted work. Due tothe amendment of the IP Code under RA 10372 APPROVED ON FEBRUARY 28.2013, limitation of three copies when bringing “The lw grants visitoril powers to IPOPHL a allows itt undertake enforcement functions w ‘the support of concerned agencies such as PP NBL, BOC, OMB and LGUs. POPIL itself wll not conducting raids or setzures but will dating with the said agencies. However, rights remainto be prwvate rights, there must, 2 complaint from the IP right owner. So if ‘author sees pirated coples of his book in a certs Timea a eae cording or performance (IPC Sec. 17113). ) saree! wroToMns 20 Duc to the amendment of the IP Code under RA 10372 APPROVED ON FEBRUARY 28,2013, MERCANTILE LAW deleting the provision entitling importation in the Philippines of up to three (3) copies of copyrighted works in a personal baggage, can ‘one stil be allowed to import books, DVDs, and (Ds romabroud? ‘ACES. n fact the amendments tothe Intellectual Properiy Code ‘have removed the original limitation “of three copies when bringing legitimately acquired copies of copyrighted ‘material into the country. Only the importation of rated of infringed materials ilegal. As long as they were legally purchased, you can bring as ‘many copies you want, subject to Customs regulations (pcdspogor pt. ‘Reproduction of copyrighted material_for ‘etsonal_purposes is_not punishable by RA soz Infringement inthis context refers tothe economic rights othe copyright owner. Transferring music fom a lawfully acquired CD into a computer then downloading it to 2 portable device for personal use isnot infriagement But i, muluple copies of the CD. were reproduced’ for sale,” then Infringement occurs (pedspo gop) infringing activity tsa violation ofthe law. ‘The possession of music fle procured through an infringing activity isa wolation of the law only iit ‘an be proven thatthe person benefitting fom the ‘usie le has knowledge ofthe infringement, and the power and ability to control the person «commiting the infringement (pedspagow eh), ‘Liability of mall owners. for the inftingement activities oftheir tenants Mall owners are not automatically penalized for the infringing acts oftheir tenants. When a mall ‘owner or lessor finds out about an infringement Activity, he oF she must give notice tothe tenant, thenbe orshe willbe alfordedtimetoact upon this ‘knowledge. The law requires that one must have both proven knowledge ofthe infringement, and the ably to control the activities ofthe ininging person, tobe held ible. The mall owner must also have "benefited from the infringement (pedspe gow ‘Other beneficial provisions brought by RA 40372 1. Grant of enforcement powers to IPOPHL (6ee.2) ‘The law grants visitorial powers to IPOPHL and allows to undertake enforcement functions with the support of concerned agencies such as PNP, [NBL BOC, OMB and LCUs. IPOPHL itself will not be conducting raids. or seizures but willbe coordinating with the sald agencies. However, as Wrights remainto be private rights, there must be 4 complaint from the IP right owner. So, I an Author ses pirated copies of his book in a certain Store, he may notify IPOPHL. IPOPHL can now Initiate together with any of the sid agencies to address the problem 2. Establishment of the Bureau of Copyright and other related rights (Secs. 1 and 3) ‘At present there ts no entity performing the more substantial function of policy formulation, rule ‘making, adjudication, research and education, ‘whichis envisioned tobe handled bythe Bureau of Copyright Although a Copyright Divison exists in the National Library, the function af such office is merely to accept deposits of copyrighted works ‘The Copyright Bureau is dedicated to serving the reeds of the copyright-based industries and Stakeholders could give more focus and rally more resources and support forthe creative industy, ‘whichis very important for protectuon f works by Filipinos both here and abroad. 3. Accreditation of collective management ‘organizations or CMOs (Sec: 10) (Mos are organizations that enforce the copyright fof the copyright holders. Through this mandate, {POPHL willbe abe to monitor and promote good corporate governance among CMOs, benefiting ‘ot only the right holders themselves but also the users of copyrighted works. Members of the Philippine Retallers Association (PRA) mall owners, restaurams, and other heavy users of ‘music in thee establishments will greatly benefit from ths provision, as they are ensured that only legitimate collecting agencies can collect royalties from them on behalf of copyright owners. 4. Glarifeation of the concept of copyright Infringement, including secondary lability (Secs. 22 and 23) ‘The provisions on copyright infringement have ‘been refined to include coneibutory infringement (Gecondary lability, rcumvention of technological measures and rights management {nformation as aggravating circumstances and the option to collect statutory damages instead of actual damages. However, under Sec. 22 of the amendments tobe secondarily lable alandlord oF ‘mall must: (1) benefit from the infringing activity, a 439/513 = y INTELLECTUAL PROPERTY CODE 2) must have been given notice of the infinging "tivity anda grace peri to act onthe same; and 3) has the right and ablity to control the activities {the person who i doing the infringement. The mplainant has the burden of proof to provide idence that all 3 elements are present. If a Indlord or mall owner is not aware of the aringement he cannot be lable for infringement, ten fhe benefits from i (fom renal payments) ‘rhas contol over the premises. cheap prices because copyright protection ‘operates Now with this amendment, blind and Visually impaired Pilipinas can have easier access {o copyrighted works in Braille 6 Formulation of IP Policies within universities and colleges (Sec.27) ‘This wll ensure that the rights ofthe academic INTELLECTUAL PROPERTY CODE (@) must have been given notce ofthe infringing Betty anda grace period to act onthe same; and ()nas the right and abity to control the activites ‘ofthe person who is doing the infringement. The complainant has the burden af root to provide fridence that all 3 elements are present. If a Tendlord or mall owner ts not aware of the Infringement he cannot be lable for infringement, even ihe benefits from i (from restal payments) forhas contra over the premises 5. Fair use for the blind, visually- and reading-impaired (See. 12) ‘This provision would give a special fair use exemption forthe non-commercial reproduction fof works for use by vsualy-impatred persons Before this amendment, hundreds of thousands of bind Filipinos could not buy Bralle works at ‘heap prices because copyright protection ‘operates Now with this amendment, blind and ‘Visually impaired ipings can have easier access {copyrighted works in Braille. 6 Formulation of IP Policies within tuniversties and colleges (Sec.27) This will ensure that the rights of the academic community (professors, researches, students) ‘over their Iterary, scholarly and artistic works are clearly delineated and respected Withan IP Policy ‘nexistence, these sectors within the academe will havea clear delineation of their respective rights and benefits, thus, avoiding disputes and costly Iugation within their ranks which would be detrimental to education, research and evelopment “The right granted to an Inventor by a state, or by ‘a regional office acting for several States, which lows the inventor tO exclude anyone else from commercially exploiting histavention foralimited period. (Understanding Industri Property, WIPO. p.5) Definition rte “Any visible sign capable fof distinguishing » the goods (trademark) or Services (service mark) ‘ofan enterprise and shall Include 2 stamped or marked “container of foods. (RA 8293, Sec 114) terary and artistic works which are original Intellectual creations in the Iterary and artistic domain protected trom the moment of their creation. (Pear and Dean (Phil) Inc. ¥. Shoemart Inc, GR No. 148222, ‘August 15,2003) “Techalcal soliton of @ problem in any field of human activity which ts new (novel invention) and industrially Spplicable “hay visible sig capatie of distinguishing "the goods (trademark) or Services (service mark) ‘of an enterprise must be registered), Tenary works aad arate Teenie theories ‘contrary to public ‘order oF morality esthetic creations methods for treatment of human body plant varieties rr RA Need not be registered |). = gener terms for foods or services f Gharacerstics of ‘goods lke quality oF uantty operation & customary sign in |IL system everydaylangiage |e format of, b colortself television game Shows not subject toa copyright. Gooqun Drian 302 scRA 1225, Janoory 28, 1995) Taathod ‘ea procedure principle ory BO years from fing date Term ofprotection | of application (KA 8295, ‘Sea 54) TO years and renewable upon expiration (RA 293 Sece 145-146) i depends on the pe ot work usw 2049) a MERCANTILE LAW Tingeneral market "in| GR: If put on the world by the potent oo i oo ‘ApersonmayNOT. [IZ 1 Use-a name if the word is generic (lyceum of ‘the’ Philippines x. CA Taf the ‘Use my mme or Performance oi ‘work: once has bee accessible to tt Philippines by the | GR No 101897, March | public, dor owner of the| 5 1993). privately and free 1 Produc, oF with his charge or for expressconsent. |? Use any name | chartable or religion Indicating 3 | institution or society XPM: Drugs and] geographical, location medicines =| fang 5! Heng vs | 13. 1 Introduced in the | Wellington Department | —quotat Philippines" “or| Store GR No 144521, | publish he ‘anywhere else inthe | January 10,1953}. are compauble wit fairuseand onlyto tt tutte dt 20 years from filing date | 10 years and renewable | ik depends on the type of frm ofprotection | of application (RA 2293, | upom expiration. (RA | work, Sec) #293, Secs 145146) Su 21 BB corse — MERCANTILE LAW Tingeneral person mayNOT | 12 Performance ofa ‘Use name ifthe word | work once it hasbeen GR: If put_on the | is generic (lyceum of | nwlly made ‘market "in the | the Philippines w-'CA| accessible to the Philippines ‘by the | GR No. 101897, March | public. if done owner of the | 51993) Drvately and fee of product or with his ‘charge | or fora fexpressconsent. | 2.Use any name | charitable or religious indieating ‘2 | imsutution or sodety. XPN: Drugs and | goographical_ location tedicines| (ang St Heng vs [13 The Making of, Introduced in the | Wellington Deparoment | quotations from a Philipines or | Store GR. No. L-4531, | published work they anynere els inthe | Jonuary 10,1953) ‘are compatible with world by the patent fairuse and enly tothe ‘owner, or by any| 3.Use ary name or | extent justified fr the esignabon contraryto | purpose. public order or morals 14. Communication 4. Usea mame fitis table | to the public by mass tadeceive trade crdes | media of articles on for the public as to the | current” politcal, Where the act is] nature” of the| Social economic, done privately and | enterprise Keni | _scientic or religious osteonconmeral| yaursane fee | top Ite Savers me | Tes cs at Sete wee oe se Grete | ssamemunty we 2] See ‘nde sane iy tmtatmsonrereel|

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