PATENT TRADEMARK COPYRIGHT

WHAT It is an exclusive right granted to an inventor over his invention, utility It is any name, emblem, words, signs, symbols or any combination thereof It is an intangible incorporeal right granted by statute to the author of
model, or industrial design. used by a merchant to identify his goods and distinguish it from those certain literary or artistic works whereby he is invested for a certain
manufactured by others. [NEWS-SC] period of time with exclusive economic and moral rights.

PROHIBITION NON PATENTABLE INVENTIONS NON REGISTRABLE MARKS NON COPYRIGHTABLE WORKS
SEC. 25 SEC. 123 SECS. 175 and 176 [INIGTA]
[DST-PAP]

REQUISITES SECS. 21, 23-27 SECS. 122, 124. 2, 145 SEC. 172
[NII] [Blood Pressure Love Letter Daw ni Medical Doctor Oscar Indigo Says
Rights in a mark is acquired through registration made validly in Press the Chest (2x) Or something will happen]
i. New accordance with law. i. Books; ii. Pamphlets; iii. Letters; iv. Lectures; v. Dramatic
If it does not form part of a prior art compositions; vi. Musical compositions; vii. Drawings; viii. Ornamental
No need to prove prior use. Rationale: Sec. 138 - A certificate of designs; ix. Illustrations; x. Scientific in character; xi. Photographs; xii.
ii. Inventive step registration of a mark shall be prima facie evidence of the validity of the Cinematographic works; xiii. Pictorial illustrations; xiv. Computer
If it is not obvious to a person skilled in the art registration, the registrant’s ownership of the mark, and the registrant’s programs; xv. Other literary, scholarly, scientific works
exclusive right to use the same. [EVO]
iii. Industrially applicable To be entitled to copyright protection, the work must fall within this
If it can be produced and used in any industry. Note: It may happen that the registrant is not the actual or real owner. In statutory enumeration.
such event, evidence of actual use in trade or commerce may be used to
establish ownership over the trademark.
Analogy: Even if prior use is not necessary for registration, the registrant
is, nevertheless, required to declare actual use with evidence to that effect
RIGHT TO THE SECS. 28-31 within 3 years from filing date and within 1 year from the fifth year SEC. 172.2 - Copyright belongs to the author or creator from the
INTELLECTUAL anniversary of the registration. Actual use of the mark is necessary to moment of creation.
PROPERTY maintain ownership of the mark. In other words, if the registrant can
not prove that he is using the mark in trade or commerce, his registration SEC. 178. 2 - In case of joint authorship, co-authors shall be the original
over the mark would necessarily fail. owners, in the absence of an agreement. Their rights shall be governed by
the rules on co-ownership.
If each part of the work of joint authorship can be identified, the author of
each part shall be the original owner of the copyright.
SEC. 178. 5 - In case of audio-visual works, the copyright shall belong to
the producer, author of the scenario, composer of the music, or author of
the work so adopted.
SEC. 178. 6 - In case of letters, the copyright shall belong to the writer
BUT the letter shall belong to the person to whom it is addressed.

FIRST TO FILE SEC. 29 Filing of an application for registration of a trademark in good faith —-
precludes the registration of the same or nearly resembles the same
trademark for the same goods or services.

PRIORITY RIGHT SEC. 31 SEC. 131 —

RIGHTS CONFERRED SEC. 71 [PRP - MUSOI] SEC. 147
Exclusive right to prohibit, restrain and prevent the making, using, selling, To prevent the unauthorized use of the registered trademark or any
offering for sale, or importing the patented product. colorable imitation thereof with respect to identical or similar goods.
Doctrine of unrelated goods - registered trademark owner has no right to
preclude others from adopting, using, or registering the same trademark
on unrelated goods.
Note: The protection granted to a registered trademark owner extends to
market areas that are within the normal expansion of business of the
registered trademark.
SEC. 177 - Economic rights
[DR - FR - POP]
To carry out, authorize, prevent:
i. Derivative works [SEC. 173 - DA4T-C2]
ii. Reproduction of the work [See: SECS 184 (b-d); 187-189]
iii. First public distribution by sale or other forms of transfer of ownership
iv. Rentals of the original or a copy of an audio-visual or cinematographic work,
embodied in a sound recording, computer program, 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.
v. Public display of the work
vi. Other communications to the public
vii. Public performance of the work

SEC. 193 - Moral rights

[AWORA]
i. Attribution
ii. Withhold from publication
iii. Object to any modification of the work
iv. Restrain the use of his name with respect to works not of his own creation or in
a distorted version of his work
v. Alteration


























































































































 PATENT TRADEMARK COPYRIGHT

LIMITATIONS ON THE SECS. 72 - 74 [MPEM-Very Good-P] SEC. 159 SEC. 184

RIGHT i. Available in the market
ii. Private use or non-commercial scale
iii. Experimental use
iv. Preparation of a medicine in a pharmacy or by a medical professional
v. Use in a vessel, ship, or aircraft entering the territory in the Philippines
provided the use is exclusively for the needs of the vessel, ship, or aircraft
vi. Use of the invention by the government
vii. Doctrine of Prior User
Limitations on the use by the government:
[APENA]
i. Exploitation by the patentee is anti-competitive
ii. Public interest
iii. National emergency or extreme urgency
iv. Non-commercial use
v. In case of drugs and medicine, demand is not adequately met in the
Philippines
[P3-DM] [PQ-IRIS-PAGE-JIF]
i. Doctrine of prior user i. Performance of a work made accessible to the public, if done privately
ii. engaged in the business of printing and free of charge or if made strictly for charitable or religious institutions
- injunction
iii. paid advertisement. ii. Quotations from a published work provided compatible with fair use,
- injunction for “future issues” unless if it will delay dissemination of and to the extent justified for the purpose, and provided the source and
news name of author is mentioned
iv. Drugs and medicine
iii. Reproduction of articles on current political, social, economic and
other works of the same nature for information purposes and not
expressly reserved and provided the source is clearly indicated.
iv. Reproduction to the public of reports of current events by means of
photography, cinematography, or broadcast
v. Inclusion of a work by way of illustration for teaching purposes
provided compatible with fair use and the source and name of the author
are mentioned
vi. Recordings made by schools included in a broadcast provided that
such recordings must be deleted within a reasonable time after the first
broadcast and provided the recordings are not from audiovisual works
which are part of the general cinema repertoire.
vii. Public display of the original not by film, television image or screen
provided ownership has already been transferred.
viii. Public performance provided no admission fee is charged or for
charitable or educational purpose not aimed for profit making.
ix. Use under the direction and control of the Government
x. Ephemeral recordings by a broadcasting organization
xi. Use of a work for the purpose of judicial proceedings or giving of
professional advice by legal practitioners
xii. Reproduction and distribution for impaired persons provided made
on a nonprofit basis.
SEC. 185
xiii. Fair use.
[PANE]
a. Purpose and character of the use
b. Amount and substantiality of the portion used
c. Nature of the copyrighted work
d. Effect of the use on the potential market value of the work

TERM OF PROTECTION Patentable invention - 20 years. Non-extendible. 10 years. Extendible. (No limit) Economic rights - during the lifetime of the author and for fifty years
thereafter. NOTE: The term of protection subsequent to the death of the
Utility Model - 7 years. Non-extendible. author shall run from the date of his death or of publication, but such
terms shall always be deemed to begin on the first day of January of the
Industrial design - 5 years. Extendible for 5 years not more than 2 year following the event which gave rise to them.
consecutive renewals.
Moral rights - coterminous with economic rights.
XPN. Right of attribution - during the lifetime of the author and in
perpetuity after his death.
See SECS. 213 and 215

COMMISSIONED SEC. 30 — SEC. 178.4

WORKS
GR. Belongs to the one who commissioned the work Rule. The person who commissioned the work shall own the work, but the
XPN. Unless otherwise provided in the contract copyright thereto remains with the creator, unless there is an agreement to
the contrary.
SEC. 194
An author cannot be compelled to perform the contract, but he shall be
liable for breach thereof.











































































































































 PATENT TRADEMARK COPYRIGHT

PURSUANT TO EER SEC. 30 — SEC. 178. 3

Rule1. Belongs to the EE if inventive activity is not part of his regular Rule1. Belongs to the EE if creation of the object of copyright is not part
duties even if the EE uses the time, facilities, and materials of the ER. of his regular duties, even if the EE uses the time, facilities, and materials
of the ER.
Rule2. Belongs to the ER if inventive activity is part of his regularly
assigned duties, unless there is an agreement to the contrary. Rule2. Belongs to the ER if the works the result of the performance of his
regularly-assigned duties.

REMEDIES SEC. 61 - CANCELLATION SEC. 134 - OPPOSITION Infringement, damages, provisional remedies.
[N3-P] Filed by any person, in writing, who believes that he will be damaged by
i. Not new the application for registration and stating the grounds thereof.
ii. Not patentable
iii. Not disclosed in a clear manner so that it may be carried out by a
person skilled in the art SECS. 151 - CANCELLATION
iv. Contrary to public order or morality [D-GAF-MN]
Filed within 5 years from registration by any person who believes that he
SECS. 67 and 68 is or will be damaged by the registration of the trademark.
Filed any time if the registered mark is a
- generic mark
- abandoned
- registration obtained fraudulently
- used to misrepresent the sources of goods and services
- non-use for an uninterrupted period of 3 years

SEC. 168 - UNFAIR COMPETITION

Passing off or attempting to pass off, in bad faith, the goods or business of
one as the goods and business of another, with the end view or probable
effect of deceiving the public.
Note: Unfair competition does not require registration.

INFRINGEMENT SEC. 76 SEC. 155 [RIS-LC] SEC. 216

1. Registration; 2. Imitation; 3. Sale, offering for sale, or any preparatory
Literal infringement - juxtaposition of the patented product and the acts of sale; 4. Likelihood of confusion; 5. Lack of consent i. Direct infringement
infringing product, and determination if it is identical in all its material
elements. To determine likelihood of confusion: ii. Benefiting from an infringing activity of another person who commits
Dominancy test - focuses on the prevalent features of the competing an infringement if the person benefiting has been given notice of the
Doctrine of equivalents trademarks. infringing activity and has the right and ability to control the activities of
Test: Same function-same means-same results. the other person
Holistic test - entails a consideration of the entirety of the marks as
applied. (Note: Holistic test is abandoned) iii. With knowledge of an infringing activity, induces, causes or materially
contributes to the infringing conduct of another.
SEC. 159 - limitations for infringement [P3-DM]
i. Doctrine of prior user Note: The gravamen of copyright infringement is the unauthorized
ii. Engaged in the business of printing performance of any of the rights granted to the copyright owner.
- entitled to injunction
iii. Paid advertisement.
- entitled to injunction for “future issues” unless the same will delay
dissemination of news
iv. Drugs and medicine
Idem sonans - A mark with a different spelling but is similar in sound
may be ruled as confusingly similar with a registered trademark.






































































































 PATENT TRADEMARK COPYRIGHT

DAMAGES SEC. 76 SEC. 156.1 [RAG] SEC. 216.1 (b)

i. Actual damages
ii. Damages imposed by the court on top of actual damages not exceeding
3 times the amount of actual damages.
damages may be awarded based on reasonable percentage of gross sales
Note: If amount of damages are inadequate or cannot be ascertained with
reasonable certainty, the court may award reasonable royalty.
SEC. 79 - limitation
ΩInstitute within 4 years from the act complained of.
i. Reasonable profits which the complainant would have made
ii. Profits actually made by the defendant
iii. If measure of damages cannot be proved with reasonable certainty,
of the defendant
SEC. 156. 3
Damages may be doubled if there is actual intent to:
i. Mislead the public;
ii. Defraud the complainant
SEC. 158 - limitation
No damages may be awarded unless it is shown that the acts are
committed with knowledge that such imitation is likely to cause
confusion.
i. Actual damages
Note. Actual damages may be doubled against any person who:
a. Circumvent effective technological measures; and
b. Removal or alteration of electronic rights management information.
ii. Liable for the profits the infringer have made
- the plaintiff is required to prove sales only
Note. Copyright owner may instead of actual damages and profit elect
an award of statutory damages in the amount of : (1) Filing fees of the
infringement action; (2) Sum not less than P 50, 000. May be reduced to a
sum of not more than P 10, 000 if the infringer is not aware that his acts
constitute an infringement of copyright.
iii. Moral and exemplary damages upon discretion of the court.
SEC. 226
No damages may be recovered after the lapse of 4 years from accrual of
the cause of action

PROVISIONAL Injunction, seizure, and impoundment

REMEDIES

CRIMINAL LIABILITY SEC. 84 SEC. 170 SEC. 217

[repetition of the act required]