Intellectual Property Syllabus SY2122

Atty. Ma. Karla Josee C. Ilagan-Dela Victoria

I. Course Description. The course will introduce students to the general

concepts and principles of intellectual property law and the current
trends in the field, particularly the instruments of patents, trademarks,
and copyrights and their different features and nature. It aims to provide
students legal understanding of intellectual property assets and intellect
property rights and to effectively handle all aspects of intellectual
property, such as creation, registration, and protection of intellectual
properties, enforcement of intellectual property rights, and remedies
available to creators, innovators, and inventors.

II. Methodology. The course will be taught through lectures and class
recitation.

III. Grading System. 1/3- recitation, class activities, written assignments,

quizzes, attendance. 1/3 - midterm exam. 1/3 - final comprehensive exam.

IV. Course Policies.

1. Attendance will be called at the start of the class. Those who are late
will be considered absent.
2. Students must turn on their cameras for class.
3. Students will be called at random for recitation. Any student who is
absent/offline at the time he/she is called will get a grade of 60 for
that recitation. The same rule will apply for quizzes/any other class
activity.
4. Any form of cheating shall be dealt with severely.
5. No prescribed textbook, but students must have a copy of the codal
provisions of R.A. 8293, and other related laws which may be directed
in the Course Outline.

V. Course Outline.

A. Intellectual Property Rights in General

1. Intellectual Property Rights (Article 712, New Civil Code; Section 1,

Article III, 1987 Constitution; Sections 2-4, IPC)

2. Difference between Copyrights, Trademarks and Patent

Pearl Dean (Phil.) Inc. vs Shoemart, Inc., G.R. No. 148222, 15 August 2003
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B. Patents
Pearl Dean (Phil.) Inc. vs Shoemart, Inc., G.R. No. 148222, 15 August 2003

1. Patentable Inventions (Sections 21, 23-27, 54, IPC; Section 6, RA

9502)
Vargas vs. Chua, G.R. No. L-36650, 27 January 1933
Manzano vs. CA, G.R. No. 113388, 5 September 1997
Aguas vs. De Leon, G.R. No. L-32160, 30 January 1982

2. Non-Patentable Inventions (Section 22, IPC; Section 5, RA 9502)

3. Ownership of a Patent
i. Right to a Patent (Section 28, IPC)

ii. First-to-File Rule (Section 29, IPC)

iii. Inventions Created Pursuant to a Commission (Section 30,

IPC)

iv. Right of Priority (Section 31, IPC)

4. Grounds for Cancellation of a Patent (Section 61, IPC)

5. Remedy of the True and Actual Inventor (Section 68, IPC)

6. Rights Conferred by a Patent (Section 71, IPC)

7. Limitations of Patent Rights (Section 72, IPC; Section 7, RA 9502)

Roma Drug & Romeo Rodriguez vs. RTC, et al, G.R. No. 149907, 16 April 2009

i. Prior User (Section 73, IPC)

ii. Use by the Government (Section 74, IPC)

8. Patent Infringement (Sections 76.1, 76.2 IPC; Section 9, RA 9502)
Creser Precision Systems, Inc. vs CA, G.R. No. 118708, 2 February 1998

i. Tests in Patent Infringement

- Literal Infringement
Godines vs CA, G.R. No. 97343, 13 September 1993

- Doctrine of Equivalents
Smith Kline Beckman Corp. vs CA, G.R. No. 126627, 14 August 2003
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ii. Defenses in Actions for Infringement (Sections 76.3-77, 79-

81, 84, IPC)

9. Licensing

i. Voluntary (Sections 4.2, 85, 87-92, IPC)

ii.
Compulsory (Sections 10.1, 93, 97, 100 IPC; Section 10, RA
9502)
Smith Kline & French, Ltd. vs. CA, G.R. No. 121267, 23 October 2001
Parke Davies & Co. vs. Doctors Pharmaceuticals, Inc., G.R. No. L-22221, 31
August 1965

10. Assignment and Transmission of Rights (Sections 103-105,

107, IPC)

11. Utility Models (Chapter XII, IPC)

Ching vs. Salinas, Sr., G.R. No. 161295, 9 June 2005
Del Rosario vs. CA, G.R. No. 115106, 15 March 1996

12. Industrial Design and Layout Designs (Topographies) of

Integrated Circuits (Section 112, IPC, as amended by RA 9150)