SPECIAL COMMERCIAL LAW

INTELLECTUAL PROPERTY CODE

R.A. NO. 8293
INTELLECTUAL PROPERTIES

► Those property rights which result from the physical manifestation of

an original thought (Ballantine’s Law Dictionary)

► Purpose: to strengthen the intellectual and industrial property system

in the Philippines as mandated by the country’s accession to the
Agreement establishing the World Trade Organization (Mirpuri vs. CA
GR no 114508)
intellectual property rights consists of:

1) Copyright and related rights;

2) Trademarks and service marks;
3) Geographic indications;
4) Industrial designs;
5) Patents;
6) Layout designs [topographies] of integrated circuits; and
7) Protection of undisclosed information.
 STATE POLICY IN RESPECT OF
INTELLECTUAL PROPERTY RIGHTS (IPR)

► There is a declaration of State Policy that, among others, the

State recognizes that an effective intellectual and industrial
property system is vital to the development of domestic and
creative activity, facilitates transfer of technology, attracts
foreign investments and ensures market access for our
products, hence it shall protect and secure exclusive rights of
scientists, inventors, artists, and other gifted citizens to their
intellectual property and creations. (Sec. 2)
 INTERNATIONAL CONVENTION AND
RECIPROCITY

► any person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which:
a) 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
b) 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 provided by law. (Sec. 3)
REVERSE RECIPROCITY OF FOREIGN LAWS

► makes reciprocally enforceable on nationals of a foreign

state within Philippine jurisdiction all conditions, restrictions,
limitations, diminutions, requirements or penalties that may
be imposed by such foreign state on a Filipino national
seeking intellectual property protection in that country.
(Section 231)
TECHNOLOGY TRANSFER
ARRANGEMENTS

► 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 the transfer, assignment or
licensing of all forms of intellectual property rights, including
licensing of computer software except computer software
developed for mass market. (Sec. 4)
PRESCRIPTIVE PERIOD OF ACTIONS FOR
DAMAGES UNDER THE IPC

► No damages may be recovered after four (4)

years from the time the cause of action arose
(Sec. 226)
 LAW ON PATENTS

► PATENT – an exclusive right acquired over an

invention, to sell, use, and make the same whether
for commerce or industry.(2005 2006 bar exams)
PATENTABLE INVENTIONS

any technical solution of a problem in any field of human activity which is

(a.)NEW(NOVELTY),
involves an (b).INVENTIVE STEP and is
(c).INDUSTRIALLY APPLICABLE

shall be patentable. ( Elidad Kho s C, March 19,2002)

The patentable invention may be, or may relate to, a product, or process, or an
improvement of any of the foregoing. (Sec. 21)
 Requirements:

1) Technical solution of a problem in any field of human activity

2) Novelty – that which does not form part of a prior art. (Section 23)

Prior Arts:
► that which has been made available to the public anywhere in the world before the filing date or the
priority date of the application
► that which forms part of an application whether for patent, utility or industrial design, effective in the
Philippines, provided that:
* the inventors or applicants are not the same
* The contents of the application are published in accordance with the requirements of
patent application rules.
* The filing date of the prior art is earlier.
Non-prejudicial Disclosures

► the disclosure of information contained in the application during the

twelve (12) months preceding the filing date or the priority date of the
application shall not prejudice the applicant on the ground of lack of
novelty if such disclosure was made by:

(a) The inventor (includes any person who, at the filing date of
application, had the right to the patent);
(b) A patent office and the information was contained (a) in another
application filed by the inventor and should not have been disclosed
by the office, or (b) in an application filed without the knowledge or
consent of the inventor by a third party which obtained the
information directly or indirectly from the inventor; or

(c) A third party which obtained the information directly or indirectly

from the inventor. (Section 25)
Inventiveness/Inventive Step

► an invention involves an inventive step if, having regard to

prior art, it is not obvious to a person skilled in the art of the
time of the filing date or priority date of the application
claiming the invention. (Sec. 26)

Industrial Applicability
► -an invention that can be produced and used in any
industry. (Sec. 27)
NON-PATENTABLE INVENTIONS

The following shall be excluded from patent protection:

► Discoveries, Scientific Theories and Mathematical Methods;

► Schemes, rules and methods of performing mental acts, playing
games or doing business, and programs for computer;
► Methods for treatment of the human or animal body by surgery or
therapy and diagnostic methods practiced on the human or animal
body;
► Plant varieties or animal breeds of essentially biological
process for the production of plants or animals;
► Aesthetic creations;
► Anything which is contrary to public order or morality
(Sec. 22)
RIGHT TO A PATENT

► to the inventor, his heirs, or assigns

► when 2 or more persons have made the invention separately and
independently – to them jointly
► if two (2) or more persons have made the invention separately
and independently of each other – to the person who filed an
application for such invention (FIRST TO FILE RULE)
► where 2 or more applications are filed for the same invention – to the
applicant who has the earliest filing date or the earliest priority date (FIRST
TO FILE RULE) (Sec. 29)
► In case of inventions created pursuant to a commission – to the person who
commissions the work UNLESS agreed otherwise.
► in case an employee made the invention in the course of his employment,
the patent shall belong to:
* the employee – if invention not part of his regular duties even if he
uses the time, facilities and materials of the employer; OR
* The employer – if the invention is the result of the performance of his
regularly assigned duties unless agreed otherwise.
Right to Priority

► an application for patent filed by any person who has previously

applied for the same invention in another country which by treaty,
convention, or law affords similar privileges to Filipino citizens,
shall be considered as filed as of the date of filing the foreign
application
Requisites:

► The local application expressly claims priority;

► It is filed within twelve (12) months from the date the
earliest foreign application was filed; and,
► A certified copy of the foreign application together with an
English translation is filed within six (6) months from the
date of filing in the Philippines. (Sec. 15, R.A. No. 165a)
RIGHTS ACQUIRED BY THE
PATENTEE

The patentee acquires the following rights under his patent:

► Where the subject matter of a patent is a product, to restrain, prohibit and
prevent any unauthorized person or entity from making, using, offering for
sale, selling or importing that product;
► Where the subject matter of a patent is a process, to restrain, prevent or
prohibit any unauthorized person or entity from using the process, and from
manufacturing, dealing in, using or offering for sale, or importing any product
obtained directly or indirectly from such process;
► to assign, or transfer by succession the patent, and to conclude licensing
contracts for the same (Sec. 71)
TERM OF A PATENT, UTILITY MODEL,
INDUSTRIAL DESIGN

► Patent – 20 yrs from the filing date of

application, without renewal
► Utility model – 7 yrs, w/out renewal
► Industrial design – 5 yrs, renewable twice
► Utility Models
-models of implement or tools of any industrial product even if not possessed of the
quality of invention but which is of “practical utility”

► Industrial Design
-any composition of lines or colors or any three-dimensional form, whether or not
associated with lines or colors provided that such composition or form gives a special
appearance to and can serve as pattern for an industrial product or handicraft.
CANCELLATION OF PATENTS

Grounds
► That the patent is invalid (Sec. 81);
► That what is claimed as the invention is not new or patentable;
► That the patent does not disclose the invention in a manner
sufficiently clear and complete for it to be carried out by any person
skilled in the art; or
► That the patent is contrary to public order or morality. (Sec. 61)
► failure to make payments of annual fees or dues
Who may file?
► any person
► IPO motu proprio

Where to file?
► BLA – if in violation of IPC (administrative)
► RTC – otherwise
INFRINGEMENT

► the making, using, offering for sale, selling or

importing a patented product or a product obtained
directly or indirectly from a patented process or the
use of a patented process without the authorization
of the patentee. (Sec. 76)
Test of Patent Infringement

► Literal Infringement – resort is had to the “words” of the

claim.

► Doctrine of Equivalents – if two devices do the same

work in substantially the same way, the same result, and
produce substantially the same result, they are the same
even though they differ in name, form, or shape.
REMEDIES IN CASE OF
INFRINGEMENT

1. File civil case for the following purposes:

► To recover from the infringer such damages as the court may award
considering the circumstances of the case provided it shall not exceed
3 times the amount of the actual damages sustained plus attorney’s
fees and other expenses of litigation;
► To secure an injunction for the protection of his rights;
► To receive a reasonable royalty, if the damages are inadequate or
cannot be readily ascertained with reasonable certainty;
► To have the infringing goods, materials and implements predominantly used in the
infringement disposed of outside the channels of commerce, or destroyed without
compensation;
► To hold the contributory infringer jointly and severally liable with the infringer.

2. File criminal case

► -within 3 years from date of commission of the crime for repetition of infringement,
without prejudice to the right for damages(Sec. 84)
 LAW ON TRADEMARKS

► Trademark – anything which is adopted and used to identify the source of

origin of goods, and which is capable of distinguishing them from goods
emanating from a competitor
► Service Mark – distinguishes the services of an enterprise from the service of
other enterprises. It performs for services what a trademark does for goods.
► Collective Mark – any visible sign designated as such in the application for
registration and capable of distinguishing the origin or any other common
characteristic, including the quality of goods and services of different
enterprises which use the sign under the control of the registered owner of the
collective mark (Sec. 121.2)
► Trade Name – the person (whether natural or juridical) who does business
and produces the goods or the services is designated by a trade name.
-Under the law, there is no need to register trade names in order to
secure protection for them.

► Trade Dress– involves the total image of a product, including such features
as size, shape, color or color combinations, texture, and/or graphics.
 HOW MARKS ARE ACQUIRED

► Under RA 8293, the rights in a mark shall be acquired through registration made validly in
accordance with its provisions. (Sec. 122)
► -This proposition of law, however, may not be converted for it is not true that where there is
no registration, there is no protection.

Acquisition through use

► Whether or not a registered trademark is employed, when a person has identified in the
mind of the public the goods he manufactures or deals in his business or services from
those of others, such a person has a property right in the goodwill of said goods or services
which will be protected in the same manner as other property rights (Sec. 168.1)
RIGHTS CONFERRED

► the owner of a registered mark shall have the exclusive right

to prevent all third parties not having the owner’s consent
from using in the course of trade identical or similar signs or
containers for goods or services which are identical or similar
to those in respect of which the trademark is registered
where such use would result in a likelihood of confusion.
(Sec. 147)
 DURATION

► the certificate of registration of a trademark shall be ten

(10) years from the filing date of application provided
the registrant shall file a declaration of actual use
within a year from the 5th anniversary of registration
date (Sec. 145)
► renewable for another 10 yrs. (Sec. 146)
NON-REGISTRABLE TRADEMARKS, TRADE
NAMES AND SERVICE MARK

A mark cannot be registered if it:

► Consists of immoral, deceptive or scandalous matter, or matter which may
disparage or falsely suggest a connection with persons, living or dead,
institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
► Consists of the flag or coat of arms or other insignia of the Philippines or any of
its political subdivisions, or of any foreign nation, or any simulation thereof;
► Consists of a name, portrait or signature identifying a particular living individual
except by his written consent, or the name, signature, or portrait of a deceased
President of the Philippines, during the life of his widow, if any, except by written
consent of the window;
► Is identical with a registered mark belonging to a different proprietor or a mark with an
earlier filing or priority date, in respect of:
1. The same goods or services, or
2. Closely related goods or services, or
3. If it nearly resembles such a mark as to be likely to deceive or cause confusion;
► Is identical with, or confusingly similar to, or constitutes a translation of a mark which is
considered by the competent authority of the Philippines to be well-known internationally
and in the Philippines, whether or not it is registered here, as being already the mark of a
person other than the applicant for registration, and used for identical or similar goods or
services: provided, that in determining whether a mark is well-known, account shall be
taken of the knowledge of the relevant sector of the public, rather than of the public at
large, including knowledge in the Philippines which has been obtained as a result of the
promotion of the mark;
► Is identical with, or confusingly similar to, or constitutes a translation of a mark
considered well-known in accordance with the preceding paragraph, which is
registered in the Philippines with respect to goods or services which are not similar
to those with respect to which registration is applied for: provided, that use of the
mark in relation to those goods or services would indicate a connection between
those goods or services, and the owner of the registered trademark: Provided
further that the interests of the owner of the registered mark are likely to be
damaged by such use;
► Is likely to mislead the public, particularly as to the nature, quality, characteristics
or geographical origin of the goods or services;
► Consists exclusively of signs that are generic for the goods or services
that they seek to identify;
► Consists exclusively of signs or of indications that have become
customary or usual to designate the goods or services in everyday
language or in a bona fide and established trade practice;
► Consists exclusively of signs or indications that may serve in trade to
designate the kind, quality, quantity, intended purpose, value,
geographical origin, time or production of the goods or rendering of the
services, or other characteristics of the goods or services;
► Consists of shapes that may be necessitated by
technical factors or by the nature of the goods
themselves or factors that affect their intrinsic value;
► Consists of color alone, unless defined by a given form;
or
► Is contrary to public order or morality (Sec. 123)
CANCELLATION OF TRADEMARK OR
TRADENAME

Grounds:
► Mark becomes generic for goods for which it is registered;
► Abandonment of the mark;
► Registration obtained fraudulently or contrary to provisions of RA
8293;
► Mark used by, or with permission of, registrant;
► Failure to use the mark within the Philippines for 3 uninterrupted years
or longer.
 EFFECTS OF NON-USE

► May be excused if caused by circumstances arising

independently of the will of the trademark owner, such as
military coup, or political changes that impede commerce
► Registration is an administrative act declaratory of a
pre-existing right that does not, of itself, perfect a trademark,
for what it does is actual use
► Non-use is a ground for removing a mark from the register
DOCTRINE OF SECONDARY
MEANING

► While a generic, indicative or descriptive mark will, as a

general rule, be denied registration, there is a circumstance
that will allow it to be registered. Under the doctrine of
secondary meaning, when a mark has become distinctive of
the applicant’s goods in commerce and, in the mind of the
public, indicates a single source of consumers, it may be
registered
 WHAT CONSTITUTES AN INFRINGEMENT?

Under RA 8293, any person shall, without the consent of the owner of the
registered mark:
► Use in commerce any reproduction, counterfeit, copy, or colorable
imitation of a registered mark or the same container or a dominant feature
thereof in connection with the sale, offering for sale, distribution,
advertising any goods or services including other preparatory steps
necessary to carry out the sale of any goods or services on or in
connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive; or
► Reproduce, counterfeit, copy or colorably imitate a registered mark
or a dominant feature thereof and apply such reproduction,
counterfeit, copy, or colorable imitation to labels, signs, prints,
packages, wrappers, receptacles, or advertisements intended to be
used in commerce upon or in connection with the sale, offering for
sale, distribution, or advertising of goods or services on, or in
connection with which such use is likely to cause confusion, or to
cause mistake, or to deceive, shall be liable for infringement. (Sec.
155)
TEST OF TRADEMARK
INFRINGEMENT

► Dominancy Test – consists in seeking out the main,

essential or dominant features of a mark.

► Holistic Test – takes stock of the other features of a

mark, taking into consideration the entirety of the
marks.
DIFFERENTIATED FROM UNFAIR
COMPETITION

► Cause of action: in infringement, the cause of action is the unauthorized use

of a registered trademark; in unfair competition, it is the passing off of one’s
goods as those of another merchant.
► Fraudulent intent is not necessary in infringement, but necessary in UC.
► Registration of trademarks: in infringement, it is a pre-requisite; in UC, it is
not required.
► Class of goods involved: in infringement, the goods must be of similar class;
in UC, the goods need not be of the same class.

Note: infringement is a form of unfair competition

REMEDIES AVAILABLE IN CASE OF
INFRINGEMENT OF A REGISTERED MARK

► Sue for damages (Sec. 156.1);

► Have the infringing goods impounded (Sec. 156.2);
► Ask for double damages (Sec. 156.3)
► Ask for injunction (156.4)
► Have the infringing goods disposed of outside the channels of commerce (Sec.
157.1)
► Have the infringing goods destroyed (Sec. 157.1)
► File criminal action (Sec. 170);
► Administrative Sanctions
UNFAIR COMPETITION

► any person who shall employ deception or any other means

contrary to good faith by which he shall pass off the goods
manufactured by him or in which he deals, or his business, or
services for those of the one having established such goodwill, or
who shall commit any acts calculated to produce said result, shall
be guilty of unfair competition.
How Committed

► Making one’s goods appear as the goods of another;

► Use of artifice or device to induce the false belief that one’s
goods are those of another;
► False statements in the course of trade; or
► Any act contrary to good faith calculated to discredit
another’s goods
TEST OF UNFAIR COMPETITION

► The test is whether certain goods have

been clothed with an appearance likely
to deceive the ordinary purchaser
exercising ordinary care.
 REMEDIES IN CASE OF UNFAIR COMPETITION

A. Damages which may either be:

► reasonable profit which would have been realized, or
► actual profits collected by the defendant, or
► a certain percentage over the gross sales of defendant in case of the measure of damages cannot be
readily ascertained;
B. Damages may be doubled in cases where actual intent to mislead the public or to defraud the
complaint is shown;
C. Impounding of sales invoices and other documents evidencing sales;
D. Injunction
E. Destruction of goods found to be infringing, and all paraphernalia.
COPYRIGHT

► Defines as a system of legal protection an

author enjoys in the form of expression of
ideas (2004,2006,2007,2009 bar exams)
BASIC PRINCIPLES

► Works are protected by the sole fact of their creation, irrespective of

their mode or form of expression, as well as their content, quality or
purpose (Sec. 172.2)
► Protection extends only to the expression of the idea, not to the idea
itself or to any procedure, system, method or operation, concept or
principle, discovery or mere data.
► The copyright is distinct from property in the material object subject to
it.
► Copyright, in the strict sense, is purely statutory right. Being mere
statutory right are limited to what the statute confers.
► It may be obtained and enjoyed only with respect to the subjects and
by the persons, and on terms and conditions specified in the statute.
► Accordingly, it can cover only works falling within the statutory
enumeration or description (Pearl & Dean Vs shoemart GR 148222
August 15,2003).
CREATION OF A WORK

A copyright work is created when the two (2) requirements are met:
► Originality – does not mean novelty or ingenuity, neither
uniqueness nor creativity. It simply means that the work “owes its
origin to the author”
► Expression – there must be “fixation.” To be “fixed”, a work must
be embodied in a medium sufficiently:
* permanent; or
* stable
 WORKS PROTECTED BY COPYRIGHT

A. Original Work - Literary and artistic works are original intellectual creations in the
literary and artistic domain protected from the moment of their creation, irrespective of
their mode or form of expression, as well as of their content, quality and purpose, and
shall include in particular:

► Books, pamphlets, articles and other writings

► Periodicals and newspapers
► Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or
not reduced in writing or other material form
► Letters
► Dramatic or dramatico-musical compositions; choreographic works or entertainment in
dumb shows
► Musical compositions, with or without words
► Works of drawing, painting, architecture, sculpture, engraving, lithography or other
works of art; models or designs for works of art
► Original ornamental designs or models for articles of manufacture, whether or not
registrable as an industrial design, and other works of applied art.
► Illustrations, maps, plans, sketches, charts and three-dimensional works relative to
geography, topography, architecture or science
► Drawings or plastic works of a scientific or technical character
► Photographic works including works produced by a process analogous to
photography; lantern slides
► Audiovisual works and cinematographic or any process for making
audio-visual recordings
► Pictorial illustrations and advertisements
► Computer programs
► Other literary, scholarly, scientific and artistic works (Sec. 172)
Derivative Works

the following derivative works shall also be protected:

► Dramatizations, translations, adaptations, abridgments,

arrangements, and other alterations of literary works
► Collections of literary, scholarly or artistic works, and compilations of
data and other materials which are original by reason of the selection
or coordination or arrangement of their contents. (Sec. 173)
WORKS NOT PROTECTED

The following works are not protected:

► Any idea, procedure, system, method or operation, concept,

principle, discovery or mere data as such, even if expressed,
explained, illustrated, or embodied in a work;
► News of the day and other facts having the character of mere items
of press information;
► Any official text of a legislative, administrative or legal nature, as well
as any official translation thereof. (Sec. 175)
► Any work of the Government of the Philippines. (Sec. 176)
-however, prior approval of the government agency or office wherein the work is
created shall be necessary for exploitation of such work for profit. Such agency or
office, may, among other things, impose as a condition the payment of royalties
► Pleadings;
► Decisions of courts and tribunals.
-this pertains to the “original decisions” not to the SCRA published in volumes since
these are protected under derivative works.
RIGHTS OF AN AUTHOR

(Author – a natural person who has created the work.)

Economic Rights (Sec. 177)

► -exclusive right to carry out, authorize or prevent the following acts
► Reproduction of the work or substantial portion of the work
► Dramatization, translation, adaptation, abridgement, arrangement or
other transformation of the work;
► The first public distribution of the original and each copy of the work by sale
or other forms of transfer of ownership;
► Rental of the original or a copy of an audiovisual or cinematographic work, a
work embodied in a sound recording, a computer program, a compilation of
data and other materials or a musical work in graphic form, irrespective of the
ownership of the original or the copy which is the subject of the rental; (n)
► Public display of the original or copy of the work;
► Public performance of the work; and
► Other communication to the public of the work
 Moral Rights (Sec. 193)

► Right of attribution or paternity right. To require that the authorship of the works
be attributed to him, in a prominent way on the copies, and with the public use of
the work;
► Right of alteration or non-publication
► Right to preservation of integrity
► To object to any distortion, mutilation or other modification of, or other derogatory
action in relation to, his work which would be prejudicial to his honor or
reputation; and
► Right not to be identified with work of others or with distorted work.
Term of moral right
-lifetime of the author and 50 years after his death

Waiver of moral right

► by a written instrument (Sec. 195)
► by contribution to a collective work unless expressly
reserved (Sec. 196)
PRINCIPLE OF AUTOMATIC
PROTECTION

► Under the Berne Convention, the enjoyment and exercise of copyright, including moral
rights, shall not be the subject of any formality.
OWNERSHIP OF COPYRIGHT

► Single creator – copyright belongs to the author of the work, his heirs or assigns.
► Joint creation – copyright belongs to the co-authors jointly as co-owners. But if the work
consists of identifiable parts, the author of each part owns the part that he has created.
► Employee’s creation – copyright belongs to the employee if the creation is not part of his
regular duties even if he uses the time, facilities and materials of the employer; otherwise
it belongs to the employer
► Commissioned work – the work belongs to the person commissioning but the copyright
remains with the creator unless there is a written stipulation to the contrary.
► Cinematographic works – the producer has copyright for purposes of exhibition; for all
other purposes, the producer, the author of the scenario, the composer, the film director,
the author of the work are the creators.
► Anonymous and pseudonymous works – the publishers shall be deemed the
representative of the author unless:
► the contrary appears
► the pseudonyms or adopted name leaves no doubt as to the author’s identity or
► If the author discloses his identity (Sec. 179).
► Collective works – the contributor is deemed to have waived his right unless he expressly
reserves it. (Sec. 196)
► Collective Work – a work created by two or more persons at the initiative and under the
direction of another with the understanding that it will be disclosed by the latter under his
own name and that the contributions of natural persons will not be identified. (Sec. 171.2)
► In case of transfers, the transferee shall own one or more or all the economic rights
transferred provided:
► the assignment, if inter vivos, be in writing (Sec. 180.2)
► The assignment be filed with the National Library upon payment of the prescribed fee.
(Sec. 182)
DURATION OF COPYRIGHT

► Literary artistic works and derivative works of a SINGLE CREATOR - lifetime of the
creator and for 50 years after his death
► Joint creation – lifetime of last surviving co-creator and for 50 years after his death.
► Anonymous or a work under a pseudonym not identifiable with the true name of the
creator – 50 years after the date of their first publication.
► Except where, before the expiration of said period, the author's identity is revealed or is
no longer in doubt, the rule for single and joint creation shall apply
► Photographic works – 50 years from the publication of the work, or from making the
same term is given to audiovisual works produced by photography or analogous
processes.
► Work of Applied Art – 25 years from the date of making
► Newspaper Article – lifetime of the author and 50 years after his death
► A pure news report will no longer find protection under the new law, BUT a column or
published comment will.
► The work of performers not incorporated in RECORDING, PRODUCTS OF SOUND
IMAGE RECORDINGS, and BROADCASTS – protected for periods of 50 years, 50
years, and 20 years, respectively, counted from the end of the year of performance,
recording, or broadcasts, respectively.

► The term of protection shall be counted from the first day of January of the year following
the death of the author or of last publication (Sec. 214)
LIMITATIONS TO THE RIGHTS ON
COPYRIGHT

► Private performance, private and personal use – applicable only “when a work has
been lawfully made accessible to the public.”
► Personal Use
► -making a single reproduction, adaptation, arrangement or other transformation of
another’s work exclusively for one’s own individual use in such cases as personal
research, learning or amusement
► Private Use
► -making a reproduction, adaptation or other transformation of it, in a single person as in
the case of “personal use” but also for a common purpose by a specific circle of persons
only.
► Fair Use of a Copyrighted Work
► Fair Use - a privilege in persons other than the owner of the copyright to use the
copyrighted material in a reasonable manner without its consent, notwithstanding the
monopoly granted to the owner by the copyright.
► -the doctrine of fair use is meant to balance the monopolies enjoyed by the copyright
owner with interests of the public and of society.