J. Intellectual Property Law (excluding Implementing Rules and Regulations) 1. Intellectual Property Rights in general a.

Intellectual property rights b. Differences between copyrights, trademarks and patent c. Technology transfer arrangements 2. Patents a. Patentable inventions b. Non-patentable inventions c. Ownership of a patent (1) Right to a patent (2) First-to-file rule (3) Inventions created pursuant to a Commission (4) Right of priority d. Grounds for cancellation of a patent e. Remedy of the true and actual inventor f. Rights conferred by a patent g. Limitations of patent rights (1) Prior user (2) Use by the government h. Patent infringement (1) Tests in patent infringement (a) Literal infringement (b) Doctrine of equivalents (2) Civil and criminal action (3) Prescriptive period (4) Defenses in action for infringement i. Licensing (1) Voluntary (2) Compulsory j. Assignment and transmission of rights 3. Trademarks a. Definitions of marks, collective marks, trade names b. Acquisition of ownership of mark c. Acquisition of ownership of trade name d. Non-registrable marks e. Prior use of mark as a requirement f. Tests to determine confusing similarity between marks (1) Dominancy test (2) Holistic test g. Well-known marks h. Rights conferred by registration i. Use by third parties of names, etc. similar to registered mark j. Infringement and remedies (1) Trademark infringement (2) Damages (3) Requirement of Notice k. Unfair competition l. Trade names or business names m. Collective marks n. Criminal penalties for infringement, unfair competition, false designation of origin, and false description or misrepresentation 4. Copyrights a. Basic principles, Secs. 172.2, 175, and 181 b. Copyrightable works (1) Original works (2) Derivative works c. Non-copyrightable works d. Rights of copyright owner e. Rules on ownership of copyright f. Limitations on copyright (1) Doctrine of fair use (2) Copyright infringement (a) Remedies (b) Criminal penalties

I. Banking Laws 1. The New Central Bank Act (RA 7653) a. State policies b. Creation of the Bangko Sentral ng Pilipinas (BSP) c. Responsibility and primary objective d. Monetary Board - Powers and functions e. How the BSP handles banks in distress (1) Conservatorship (2) Closure (3) Receivership (4) Liquidation f. How the BSP handles exchange crisis (1) Legal tender power (2) Rate of exchange 2. Law on Secrecy of Bank Deposits (RA 1405, as amended) a. Purpose b. Prohibited acts c. Deposits covered d. Exceptions e. Garnishment of deposits, including foreign deposits f. Penalties for violation 3. General Banking Act (RA 8791) a. Definition and classification of banks b. Distinction of banks from quasi-banks and trust entities c. Bank powers and liabilities (1) Corporate powers (2) Banking and incidental powers d. Diligence required of banks - relevant jurisprudence e. Nature of bank funds and bank deposits f. Stipulation on interests g. Grant of loans and security requirements (1) Ratio of net worth to total risk assets (2) Single borrower¶s limit (3) Restrictions on bank exposure to DOSRI (directors, officers, stockholders and their related interests) h. Penalties for violations (1) Fine, imprisonment (2) Suspension or removal of director or officer (3) Dissolution of bank 4. Philippine Deposit Insurance Corporation Act a. Basic policy b. Concept of insured deposits c. Liability to depositors (1) Deposit liabilities required to be insured with PDIC (2) Commencement of liability (3) Deposit accounts not entitled to payment (4) Extent of liability (5) Determination of insured deposits (6) Calculation of liability (a) Per depositor, per capacity rule (b) Joint accounts (c) Mode of payment (d) Effect of payment of insured deposit (e) Payments of insured deposits as preferred credit under Art. 2244, Civil Code (f) Failure to settle claim of insured depositor (g) Failure of depositor to claim insured deposits i. Examination of banks and deposit accounts ii. Prohibition against splitting of deposits iii.Prohibition against issuances of TROs, etc.

and ensures market access for our products. and to enhance the enforcement of intellectual property rights in the Philippines. 5. to liberalize the registration on the transfer of technology. Trademarks and Technology Transfer. Defining Unfair Competition and False Marking and Providing Remedies Against the Same. 4. as amended [An Act Creating a Patent Office. Prescribing its Powers and Duties. Government Agencies: The agency of the government in charge of the implementation of the Intellectual Property Code is the Intellectual Property Office which replaced the Bureau of Patents. and [6] Administrative. Geographic indications. P. geographic indication and integrated circuits. to wit: PART I . Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II. and Appropriating Funds Therefor]. Protection of undisclosed information. [4] Documentation. Chapter IX on Voluntary The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. Patents. Examine applications for the grant of letters patent for inventions and register utility models and industrial designs. artists and other gifted citizens to their intellectual property and creations. [3] Bureau of Legal Affairs. facilitates transfer of technology. 49 [Decree on the Protection of Intellectual Property]. treaty or reciprocal law. . 3. Information and Technology Transfer Bureau. 2. namely: [1] Bureau of Patents. Republic Act No. and Service-Marks. [2] Bureau of Trademarks. Parts of the law: The Intellectual Property Code of the Philippines is divided into five [5] parts. It shall protect and secure the exclusive rights of scientists. 3. to which the Philippines is also a party. 166. Presidential Decree No. Functions of the Intellectual Property Office: The Intellectual Property Office is mandated under the law to: 1. or extends reciprocal rights to nationals of the Philippines by law. as amended[An Act to Provide for the Registration and Protection of Trademarks. more particularly: 1. treaty or agreement relating to intellectual property rights or the repression of unfair competition. 285. 8293 repealed all Acts and parts of Acts inconsistent therewith. .The Law on Copyright PART V . shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. . attracts foreign investments. inventors. Copyright and related rights. Code: The intellectual property rights under the Intellectual Property Code are as follows: 1.INTELLECTUAL PROPERTY LAW State policy declaration: 5. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. To this end. 2. Presidential Decree No. 6. Examine applications for the registration of marks.Final Provisions Intellectual property rights under the I. Financial and Personnel Services Bureau. Layout designs [topographies] of integrated circuits. for such periods as provided in this Act. It is also the policy of the State to streamline administrative procedures of registering patents. and for Other Purposes]. It is divided into six [6] Bureaus. trademarks and copyright. The use of intellectual property bears a social function. 4. Regulating the Issuance of Patents. 3. Trademarks and service marks.The Law on Trademarks. Industrial designs. particularly when beneficial to the people. 165.The Intellectual Property Office PART II . [5] Management Information System and EDP Bureau.The Law on Patents PART III . 2. Effect on international conventions and on principle of 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. the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. and 7. Articles 188 and 189 of the Revised Penal Code of the Philippines. as amended [Decree on the Protection of Intellectual Property]. Trade-Names. Republic Act No. Laws repealed: Republic Act No. Service Marks and Trade Names PART IV .

the offender shall furthermore suffer subsidiary imprisonment. the current range of penalties are as follows: For first offenders . under the new law. Administratively adjudicate contested proceedings affecting intellectual property rights.fine of PhP500. the element of use before filing a local application is a requirement although this is not required when the application is based on foreign registration. marks. be registered and deposited with it. Under the former. 5. under the new law. In case of insolvency.fine of PhP50. and the technology transfer arrangements registered. under the present law. Significant features of the law: 1. the penalties range from PhP100. the term granted is 20 years renewable for 20-year periods. renewable for 10-year periods.000 and/or 5 years of imprisonment and the offense prescribes in 2 years. From the previous fine of Php200 to Php2. the term is for 10 years.000 to PhP200. In the case of industrial designs. Under the old law. the penalties for repetition of infringement are: PhP10. 3. unfair competition. . . 6. a Supplemental Register is required to be maintained. No. 2. Under the former. 7. Under the former. publication is made after the grant.000 to PhP1. issued and approved. In the case of inventions. 10th and 15th anniversaries. while under the latter. false designation of origin and false description or representation range from fine of PhP500 to PhP2. Significant changes in the trademark law: The significant changes in the trademark law under the old law [R.000 and/or 6 months to 3 years of imprisonment and the offense prescribes in 3 years. Under the old law. by personal delivery or by registered mail. 165 [old law] to "first-to-file system" under the new law.fine of PhP150.000 and/or 2 to 5 years of imprisonment. 2. Significant changes in the copyright law: It is now required that after the first public dissemination of performance by authority of the copyright owner of certain specified work. A. for the purpose of completing the records of the National Library and the Supreme Court library. penalties for infringement. two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. 4. Under the former.000 to PhP500. the previous grant of 5 years plus renewals of 5 years each under the old law was changed to 7 years without renewal under the new law. 4. it is no longer required. 4. . there was no opposition proceedings and the examination is mandatory. 166] and the present law are as follows: 1. Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. 5. the penalties range from fine of PhP50. A. while under the latter. 6. 3.000 and/or imprisonment of 1 year.000 and/or 6 months to 3 years and 4 months of imprisonment. Under the old law. . The scheme of penalties for infringement has also been changed. the element of use has been eliminated as a requirement for application. Publish regularly in its own publication the patents. while under the latter. while under the latter law. A shift was made from the "first-to-invent system" under R.000 and/or imprisonment of 1 to 3 years For second offenders .000 to PhP150. there shall. proof of use within 3 years from the filing of the application is required and the affidavit of use should be filed within 1 year from the 5th anniversary.000 to PhP300. utility models and industrial designs. within three (3) weeks. Promote the use of patent information as a tool for technology development.5 Million and/or imprisonment of 6 to 9 years. the examination is made only upon request [possibly with or without examination]. and . the period of the grant was increased from 17 years from grant under the old law to 20 years from date of filing under the new law. publication is effected after 18 months from filing date or priority date. the affidavit of use or non-use is required on the 5th. the previous grant of 5 years plus renewals of 5 years each was maintained.000 and/or imprisonment of 3 to 6 years For third and subsequent offenders . 7. In the case of utility models. Under the former law. while under the latter. 5.Licensing and develop and implement strategies to promote and facilitate technology transfer.

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