[NTELLECTUAL PROPERTY LAW C&S A No- $293, as amended by RA No. 10372 ataglance, the differences between the three are a follows: Copyright Patent Trademark Sabject Literary, scientific | New, useful and | Goods matter of the | or artistic work industrially manufactured right applicable or produced inventions ‘Where right National Library Intellectual Intellectual jstobe Property Office | Property Office registered Protection Creation Application Issuance of CoR starts Duration of | Lifetime of the | 20 years 10 years right author + Generally 50 years after death of the author TRADEMARKS “Mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods "Collective mark" means 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 or services of different enterprises which use the sign under the control of the registered owner of the collective markvoy ft ge same goods oF services or tre name" means te name of designation ideniying og. ted goods or services, or an enterprise \ HOW RIGHTS ARE ACQUIRED: The tights in a mark shay he through registration. | ousinitaton so be aed deceive lnc othe egal a to dete on giving such aeons purchaser uly pes and ot nim to purchase the one supposing it tobe the other. (Etepha, AG vs. cereal SARTION: Poa Hawpa sought patna is Wademank y” used on medical plaster which was opposed by Marvex sont two le igh and irs be ton JAS" used on another medical plaster. Will Lionpas be similar to Salonpas? TLLUSTRATION: Harvard University fled an administrative ao against Fredco Manufacturing Corporation (Fredco) for he pe Unauthorized use of the "Harvard Veritas Shield” in Can FMC be allowed to use its registered mark for the Harva “Shield and the use of the word “Harvard!” in its jeans? Veg | ntsine aNsWER: Yes in sound. Both these words ave the same sufi "PAS" Nosed to denote a plaster that adheres tothe body with curative pas’, being merely descriptive, ANSWER: No. Fredco's registration of the mark "Harvard ayy identification of origin as "Cambridge, Massachusetts" falsely sug Fredco orits goods are connected with Harvard University, which assy same mark "Harvard’ and is also located in Cambridge, Massachusens “SALONPAS" are missing in “LIONPAS"; the first letter a ay, when the two words are pronounced, the imilar. And where goods are advertised -SALONPAS" and "LIONPAS', when spoken, sound very much alike jent ground for this Court to rule thatthe two orks are confusingly similar when applied to merchandise of desziptive properties. (Marvex Commercial Co, Inc. vs. Petra Hawpia and 2. Consists of the flag or coat of arms or other insignia of the Philip fo any of its political subdivisions, or of any foreign nation, ct simulation thereof; ica) sale of petroleum products which are id United Cigarette Corporation (UCG), on the other hand, is engaged in the manufacture and sale of cigarettes when it acquired La Oriental Tobacco a mark with an earlier filing or priority date, in respect of:The trademark ESSO on its cigareta ‘Corporation including, Dy of “ESSO” by UCG in its cigarette products infringe on tenet “ESSO" of ESSI? fay, ANSWER: No. As to whether trademark infringement exist the most part upon whether or not the goods are 80 related why Pi, may be, oris actually, deceived and misled that they came yp) "Pi rake or manufacturer Fr non- where the act is done privately and on a non-commercial © porcommercial purpose: Provided, ‘That prejudice the economic interests ofthe owner ofthe patent; 3, Where the act consists of making or using exclusively forthe purpose of experiments that relate to the subject matter of the 4 Where the act consists of the preparation idual cases, in a pharmacy of by a medical professional, of a medicine in accordance with medical prescription or acts concerning the medicine so prepared; 4. Where the invention is used in any ship, vessel, aircraft, or land vehicle cfany other country entering the territory of the Philippines tempo: or accidentally: Provided, that such invention is used exclusively for the reeds of the ship, vessel, aircraft, or land vehicle and not used for the ‘manufacturing of anything to be sold within the Philippines. RIOR USER: Notwithstanding the exclusivity of rights mentioned above, 2 rior user, who, in good faith was using the invention or has undertaken ‘sn0us preparations to use the invention in his enterprise or business, before Sefling date or priotity date ofthe application on which a patentis granted, ‘tal have the right to continue the use thereof as envisaged in such ‘epatations within the territory where the patent produces its effect.ry, nly be transferred or ‘The right ofthe prior user may only 0 signed Neenterpise ‘or business, or with that part of his enterprise ne which the use or preparations for use have been made. (Section 7» USE OF INVENTION BY GOVERNMENT: a Government person authorized by the Government may exploit the of the patent owner where: administrative body has determined that the mang expltaton bythe owner te patent orhis license ant PATENT INFRINGEME! The making using offering for sale, selling, oF importing patented pay ora product obtained directly or indirectly from a patented procese wg use of a patented process without the authorization of the pace constitutes patent infringement, Kinds of Infringement: 1. LITERAL INFRINGEMENT a. Exactness Rule - the item that is being sold, made or used confas an iter that has al e elements of the patent claim of another plus other elements, 2. DOCTRINE OF EQUIVALENTS: with some modification and charg, but SUBSTANTIALLY THE SAME: a. Function b. Way/Means/Principle or Mode of Operation Result ‘The doctrine of equivalents provides that an infringement also takes pst when a device appropriates a prior invention by incorporating its inno concept and, eas im otver words, the pincipl or made of apeaion must be the ivalents thus requires i trine of equivalents) ‘quires Satisfaction of the function-means- nee test, the patentee having the burden to show that all three ee ments of such equivalency test are met, oat genitS OF PATENTEE: ‘Gvil action to recove 5 Litigation oF reason: !ages plus attomey’s fees and other expenses © pd implement Gussie the channels of commerce or ' Criminal Action for Repetition of Infringe infringement is repeated by the infringer or by anyone in connivance with him after finality of the judgment of the court against the infringer, the offenders stall, without prejudice to the institution of a civil action for damages, be lable therefor and, upon conviction, shall suffer imprisonment for the period of not less than six (6) months but not more years and/or a fine of not less than One hundred thousand mn Three hundred thousand pesos court. The criminal action herein provided shall prescribe in three (3) years from date of the commission of the crime. be disposed of thout compensation, NOTICE TO INFRINGER: Damages cannot be recovered for acts of presumed that the infringer had known Product, ot on the container or package in VOLUNTARY LICENSING: Mandatory Provisions:4. COMPULSORY LICENSING: Issuance of a license by the Director Gener of the IPO to exploit a patented invention without the permission of ty patent holder, either by manufacture or through parallel importation. Grounds: Fees on of disputes - Philippines: Venue - principal place of Jurisdicti tentee : : en provements in techniques and processeg Continuous access to imy aa tr: - If it includes Arbitration — venue: PH or other neutral countries, oe following laws are applicable: a. the Procedure of ‘Arbitration of the Arbitration Law of the Philip “ Arbitration Rules of the United Nations Commission International Trade Law (UNCITRAL) or the Rules of Conciliation and Arbitration of the Intemat Chamber of Commerce (ICC) Taxes - borne by the licensor b. C National emergency/circumstances of extreme urgency Public interest so requires The use of the patent is anti-competitive Public non-commercial use without satisfactory reasons Invention is not being worked in the PH on a commercial scale withou satisfactory reasons (importation counts as working or using) Demand for patented drugs and medicine is not being met to an adequa extent and or reasonable terms, as determined by DOH.