INTELLECTUAL PROPERTY

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Intellectual Property Law –
WIPO Convention:
Intellectual property shall include rights
relating to:
a. literary, artistic and scientific works
b. performances of performing artists,
phonograms and broadcasts
c. inventions in all field of human
endeavor
d. scientific discoveries
e. industrial designs
f. trademarks, service marks and
commercial names and designations
g. protection against unfair competition
h. and all other rights resulting from
intellectual activity in the industrial,
scientific, literary or artistic fields
Art 427 – Civil Code of the Philippines
“Ownership may be exercised over
things or rights”
Art 712 – Civil Code of the Philippines
“Ownership is acquired by occupation
and by intellectual creation
Ownership and other real rights over
property are acquired and transmitted
by law, by donation, by estate and
intestate succession, and in
consequence of certain contracts, by
tradition.
They may also be acquired by means of
prescription”
Categories:
Industrial property – includes inventions
(patents), trademarks, industrial
designs, and geographic indications of
source
Copyright – includes literary and artistic
works
RA No 8293:
Intellectual property rights consist of:
a. copyright and related rights
b. trademarks and service marks
c. geographic indications
d. industrial designs
e. patents
f. layout-designs (topographies) of
integrated circuits
g. protection of undisclosed information
Copyright and related rights – exists
over original and derivative intellectual
creations in the literary and artistic
domain protected from the moment of
their creation
Trademarks and service marks – 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
Geograhic indications – indications
which identify a good as originating in
the territory of a Member of the
Agreement, or a region or locality in that
territory, where a given quality,
reputation or other characteristic of the
good is essentially attributable to its
geographical origin
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. It
must be new or ornamental
Patents – any technical solution of a
problem in any field of human activity
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Intellectual Property Law –
which is new, involves an inventive step
and is industrially applicable
Integrated circuit – means a product, in
its final form, or an intermediate form,
in which the elements, at least one of
which is an active element and some or
all of the interconnections are integrally
formed in and/or on a piece of material,
and which is intended to perform an
electronic function
Layout-Design – synonymous with
“topography” and means the three-
dimensional disposition, however
expressed, of the elements at least one
of which is an active element and of
some or all of the interconnections of an
integrated circuit, or such a three-
dimensional disposition prepared for an
integrated circuit intended for a
manufacture
Protection of undisclosed information –
protection of information lawfully held
from being disclosed to, acquired by, or
used by others without their consent in
a manner contrary to honest commercial
practices so long as such information:
a. secret in the sense that it is not, as a
body or in the precise configuration and
assembly of its components, generally
known among or readily accessible to
persons within the circles that normally
deal with the kind of information in
question
b. has commercial value because it is
secret
c. has been subject to reasonable steps
under the circumstances, by the person
lawfully in control of the information, to
keep it secret
Trade secret – is a plan or process, tool,
mechanism or compound known only to
its owner and those of his employees to
whom it is necessary to confide it
Three aspects of intellectual property:
asset
Intellectual
Property
policy
right tool
Fundamental principles
- principle of territoriality
- IPR is a private right
- for every IPR, the law grants the right
holder a set of exclusive rights
- IPR is not absolute, it is subject to
limitations
- principle of good faith applies
- IPR is distinct from the material object
Incorporeal right is distinct from the
property in the material object subject
to it. Ownership in one does not
necessarily vest ownership in the other
Patent
Purpose: not the reward of the
individual but the advancement of the
arts and sciences
Function: add to the sum of useful
knowledge and one of the purposes of
the patent system is to encourage
dissemination of information concerning
discoveries and inventions
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Intellectual Property Law –
3 fold purpose:
1. seeks to foster and reward invention
2. promotes disclosures of inventions to
stimulate further innovation and to
permit the public to practice the
invention once the patent expires
3. stringent requirements for patent
protection seek to ensure that ideas in
the public domain remain there for the
free use of the public
Fundamental principles:
1. territorial – patent should be
registered in the jurisdiction to be
protected
2. exclusive – patent grants the holder
the right to exclude others from making,
using, selling, offering for sale or
importing products or process
3. disclosure – the need for publication
and disclosure
4. limited rights – rights granted are
subject to limitations, e.g. public
policy/health
5. conditional – patent rights subject to
compliance with criteria and conditions
both prior to and subsequent to grant
6. first to file rule – priority in right is
the first person/applicant who filed an
application subject to principle of bad
faith
Patentable inventions:
a. product
b. process
c. improvement
Any technical solution of a problem in
any field of human activity which is:
a. new
b. inventive step – also known as
principle of non-obviousness
c. industrially applicable
Requirements for protection:
1. novelty – an invention shall not be
considered new if it forms part of a prior
act
Prior art is:
a. made available to the public
anywhere in the world
b. whole contents of an earlier published
Philippine application
In considering novelty, it is not
permissible to combine separate items
of prior art together
Non-prejudicial disclosure
Not prejudicial to the filing of an
application:
1. disclosure by the Inventor (Patent) or
maker (utility model) or one with the
right to the patent – must be filed within
12 months from the time of disclosure
2. disclosure by the designer (industrial
design) – must be filed within 6 months
from the time of disclosure
2. inventive step – having regard to
prior act, it is not obvious to a person
skilled in the art at the time of the filing
date or priority date of the application
claiming the invention
For drugs and medicines = there is no
inventive step if the invention results
from the mere discovery of:
a. new form or property of a known
substance if it does not enhance the
efficacy of the substance
b. any new property or new use for a
known substance
c. mere use of a known process unless
such process results in a new product
that employs at least one new reactant
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Intellectual Property Law –
3. industrially applicable – invention can
be produced and used in any industry
Non-patentable inventions:
1. discoveries, scientific theories and
mathematical methods
2. schemes, riles and methods of
performing mental acts, playing games
or doing business and programs for
computers
3. methods for treatment of the human
or animal body by surgery or therapy
and diagnostic methods practiced on the
human or animal body
4. plant varieties or animal breeds or
essentially biological process for the
production of plants or animal
5. aesthetic creations
6. anything which is contrary to public
order or morality
Ownership is different from inventorship
As a rule, the right to a patent belongs
to the inventor but since patent is a
property that can be assigned or sold
then it is important to know the real
owner
In case the employee made the
invention in the course of his
employment contract, the patent shall
belong to:
a. employee = inventive activity is not a
part of his regular duties even if the
employee uses the time, facilities and
materials of the employer
b. employer = invention is the result of
the performance of his regularly
assigned duties, unless there is an
agreement to the contrary
Rights conferred by a patent
a. 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
b. 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, selling
or offering for sale, or importing any
product obtained directly or indirectly
from such process
Legal remedies:
Tests of patent infringement
1. literal infringement – extent of
protection conferred by the patent shall
be determined by the claims, which are
to be interpreted in the light of the
description and drawings
2. doctrine of equivalents – account
shall be taken of elements which are
equivalent to the elements expressed in
the claims, so that a claim shall be
considered to cover not only all the
elements as expressed therein, but also
equivalents
Contributory patent infringement
- direct infringer is not the only person
liable
- inducer of the infringement shall be
jointly and severally liable with the
infringer
Grounds for cancellation of patent:
a. that what is claimed as the invention
is not new or patentable
b. 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
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Intellectual Property Law –
c. that the patent is contrary to public
order or morality
Remedies of the true & actual inventor
against patent application by persons
not having the right to a patent: within
3 months after the court decision has
become final..
a. prosecute the application as his own
application in place of the applicant
b. file a new patent application in
respect of the same invention
c. request that the application be
refused
d. seek cancellation of the patent, if one
has already been issued
Parallel importation – unauthorized
importation of a patented drug or
medicine and drugs or medicines
obtained from a patented process
GR: the patentee of drugs and
medicines has the exclusive right to
prevent any unauthorized person from
importing a patented product or one
that is obtained from a patented process
EX: under the Cheap Medicines Act, the
patent owner of drugs and medicines
can no longer prevent an unauthorized
person from using that product once it
has been introduced in the Philippines or
anywhere else in the world by the
patent owner, or by any party
authorized to use the invention
BOLAR Exception/provision
In the case of drugs and medicines,
where the act includes testing, using,
making or selling the invention including
any data related thereto, solely for
purposes reasonably related to the
development and submission of
information and issuance of approvals
by government regulatory agencies
required under any law of the
Philippines or of another country that
regulates the manufacture, construction,
use or sale of any product: the data
submitted by the original patent holder
may be protected from unfair
commercial use
Prescriptive period
a. civil action – 4 years before the
institution of the action for infringement
b. criminal action – 3 years from date of
the commission of the crime
Technology transfer agreements –
provides requirements to prevent
practices that may constitute an abuse
of intellectual property rights having an
adverse effect on competition and trade:
1. no prohibited clauses that are
deemed prima facie to have an adverse
effect on competition (Sec 87)
2. should contain certain mandatory
clauses (Sec 88)
Legal implications (on failure to comply
with sections 87 and 88 of the IP Code)
GR: TTA shall be rendered enforceable
EX: when TTA is registered with IPOPHL
pursuant to the provisions of Sec 91 on
exceptional or meritorious cases:
a. high technology content
b. increase in foreign exchange earnings
c. employment generation
d. regional dispersal of industries
e. substitution with or use of local raw
materials
f. investment companies with pioneer
status TTAs that contain any of the
prohibited clauses may be allowed and
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Intellectual Property Law –
registered where any of the exceptional Industrial design
or meritorious cases are present An industrial design is not considered
new if it differs from prior designs only
Compulsory licensing – one of the in minor respects that can be mistaken
mechanisms that address anti- as such prior designs by an ordinary
competitive behavior observer

Several type of compulsory licenses may

be issued under the IPC:
1. government-use and government
contractor-use compulsory license
(Section 74)
2. third party-use compulsory license
(Section 93)
3. special compulsory license (Section
93-A)
4. compulsory licensing based on
interdependence of patents (Section 97)
Grounds for compulsory licensing (even
without the agreement of the patent
owner):
a. national emergency or other
circumstances of extreme urgency
b. where the public interest in particular
so requires
c. where a judicial or administrative
body has determined that the manner of
exploitation by the owner of the patent
or his licensee is anti-competitive
d. in case of public non-commercial use
of the patent by the patentee, without
satisfactory reason

Inventions and any right, title or interest

in and to patents and inventions
covered thereby, may be assigned or
transmitted by inheritance or bequest or
may be subject of a license contract

Utility model
An invention qualifies for registration as
a utility model if it is new and
industrially applicable
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Intellectual Property Law –

Categories Patent (invention) Utility Model Industrial Designs

Subject matter of Apparatus Apparatus Article of
protection (product) & method (product) & method manufacture (over-
(process) (process) all aesthetic and
pleasing
appearance of the
article of
manufacture)
Novelty YES YES YES
Inventive step YES NO NO
Industrial YES YES YES
applicability
Claim More than 1 Only 1 generic Omnibus type of
generic claim is claim is allowed. No claim
allowed and limit on the number
dependent claims of dependent
claims
Ornamental NO NO YES
features of shape,
configuration, form
or a combination
thereof
Term of protection 20 years from the 7 years from the 5 years from the
date of filing with date of filing date of filing with 2
payment of without renewal 5 year term
annuities renewals upon
payment of fees
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Intellectual Property Law –
Layout Designs (topographies) of
integrated circuits
- only original shall benefit from
protection under the law
- considered original if it is the result of
its creator’s own intellectual effort and is
not commonplace among creators of
layout-designs and manufacturers of
integrated circuits at the time of its
creation
Trademarks
Mark – 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 – 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
Trade name – name or designation
identifying or distinguishing an
enterprise
Function:
a. designate distinctively the origin of
the products to which it is attached
b. symbolizes the goodwill and business
reputation of the owner of the product
and is a property right protected by law
Mirpuri vs CA – distinct functions:
1. indicate origin or ownership of the
articles to which they are attached
2. guarantee that those articles come up
to a certain standard of quality
3. advertise the articles they symbolize
How acquired? Through registration
made validly in accordance with the
provisions of the IP Code
Certificate of registration = prima facie
evidence of validity of registration
A registered mark shall have no effect
against any person who, in good faith,
before the filing date or the priority
date, was using the mark for the
purposes of his business or enterprise
Extent of protection: principle of
specificity
specified
goods/services
related goods
services
zone of
expansion
Non registrable marks:
1. 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
2. flag or coat of arms or other insignia
3. name, portrait or signature identifying
a particular living individual except by
his written consent or the name,
signature or portrait of a deceased
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Intellectual Property Law –
President of the Philippines, during the
life of his widow, except by written
consent of the widow
4. identical with a registered mark
belonging to a different proprietor or a
mark with an earlier filing or priority
date, in respect of:
a. same goods or services
b. closely related goods or services
c. if it nearly resembles such mark as to
be likely to deceive or cause confusion
Nestle vs Dy – 2 types of confusion:
a. confusion of goods – ordinarily
prudent purchaser would be induced to
purchase one product in the belief that
he was purchasing the other
b. confusion of origin (confusion of
business) – goods of the parties are
different, the defendant’s product is
such as might reasonably be assumed to
originate with the plaintiff and the public
would then be deceived either into that
belief or into that there is some
connection between the plaintiff and
defendant which, in fact, does not exist
Tests to determine confusing similarity
of marks
a. dominancy test – contains the main
or essential or dominant features of
another
Duplication or imitation is not necessary;
nor is it necessary that the infringing
label should suggest an effort to imitate
b. holistic test – trademarks in their
entirety as they appear in their
respective labels are considered in
relation to the goods to which they are
attached (abandoned)

same goods;
related goods; similar marks or non-
within the zone confusingly registerable or
of expansion of similar marks infringing mark
business
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Intellectual Property Law –
Societe Des Produits Nestle, SA vs CA –
totality or holistic test is contrary to the
elementary postulate of the law on
trademarks and unfair competition
Colorable imitation – denotes such a
close or ingenious imitation as to be
calculated to deceive ordinary persons,
or such a resemblance to the original as
to deceive an ordinary purchaser giving
such attention as a purchaser usually
gives, as to cause him to purchase the
one supposing it to be the other
Mighty Corp vs E&J Gallo – tobacco and
alcohol products may be considered
related only in cases involving special
circumstances which exist only if a
famous mark is involved and there is a
demonstrated intent to capitalize on it
McDonalds Corporation vs L.C. Big Mak
Burger – courts will consider more the
aural and visual impressions created by
the marks in the public mind, giving
little weight to factors like prices,
quality, sales outlets and market
segments
Well known marks registrability – a
mark cannot be registered if it is:
a. identical with
b. confusingly similar to
c. 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
Descriptive marks, shapes and color
alone may be registered if it has become
distinctive in relation to the goods for
which registration is requested as a
result of the use that have been made
of it in commerce in the Philippines = 5
years before the date on which the
claim of distinctiveness is made
Doctrine of Secondary meaning – to the
effect that a word or phrase originally
incapable of exclusive appropriation with
reference to an article on the market
because geographically or otherwise
descriptive, might nevertheless have
been used so long and so exclusively by
one producer with reference to his
article that, in that trade and to that
branch of the purchasing public, the
word or phrase has come to mean that
the article was his product
Trademark infringement: without the
consent of the owner of the registered
mark
a. use in commerce any reproduction,
counterfeit, copy or colorable imitation
of a registered mark or the same
container or a dominant feature thereof
b. reproduce, counterfeit, copy or
colorably imitate a registered mark or a
dominant feature and apply such to
labels, signs, prints, packages,
wrappers, receptacles or advertisements
counterfeit goods – any goods, including
packaging, bearing without
authorization a trademark which is
identical to the trademark validly
registered in respect of such goods or
which cannot be distinguished in its
essential aspects from such a trademark
in question under the law of the country
of importation
colorable imitation – such a close or
ingenious imitation as to be calculated
to deceive ordinary purchasers or such
resemblance of the infringing mark to
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Intellectual Property Law –
the original as to deceive an ordinary
purchaser giving such attention as a
purchaser usually gives and to cause
him to purchase the one supposing it to
be the other
Republic Gas Corporation vs Petron
Corporation – mere unauthorized use of
a container bearing a registered
trademark in connection with the sale,
distribution or advertising of goods or
services which is likely to cause
confusion, mistake or deception among
the buyers or consumers can be
considered as trademark infringement
Unfair competition – any person who is
selling his goods and gives them the
general appearance of goods of another
manufacturer or dealer, either as to the
goods themselves or in the wrapping of
the packages in which they are
contained
TM infringement Unfair
competition
Prior registration Registration of
of the trademark the trademark is
is a prerequisite not necessary
for the action
Fraudulent intent Fraudulent intent
is not necessary is essential
Unauthorized use Passing off of
of a trademark one’s goods for
the goods of
another
Trademark dilution – lessening of the
capacity of a famous mark to identify
and distinguish goods or services
regardless of the presence or absence
of:
1. competition between the owner of
the famous mark and other parties
2. likelihood of confusion, mistake or
deception
Authority to determine right to
registration – in any action involving a
registered mark, the court may
determine the right to registration, order
the cancellation of a registration, in
whole or in part, and otherwise rectify
the register with respect to the
registration of any party to the action in
exercise of this
W Land Holdings, Inc vs Starwood
Hotels and Resorts Worldwide, Inc
- mere exhibition of a trademark in a
website is not sufficient
- there must be an actual commercial
transaction through the website or at
the very least, the website must show
that it intends to target local consumers
by containing specific details geared
towards a commercial activity of
interaction
Madrid System – file a single application
and pay one set of fees to apply for
protection in up to 124 countries
An international registration is therefore
equivalent to a bundle of national
registrations
Copyright
- purely a statutory right; limited to
what the statute confers
- can only cover the works falling within
the statutory enumeration or description
- confined to literary and artistic works
Protected from the moment of creation
– works are protected by the sole fact of
their creation, irrespective of their mode
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Intellectual Property Law –
or form of expression, as well as of their
content, quality and purpose
GR: copyright is distinct from the
property in the material object to it
EX: work of architecture – shall include
the right to control the erection of any
building which reproduces the whole or
a substantial part of the work
Derivative works – shall also be
protected by copyright as new works:
1. dramatizations, translations,
adaptations, abridgments, arrangements
and other alterations of literary or
artistic works
2. 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
Scope of protection
Copy or Economic rights: shall consist of
the exclusive right to carry out,
authorize, or prevent the following acts:
1. reproduction of the work or
substantial portion
2. dramatization, translation, adaptation,
abridgment, arrangement or other
transformation of the work
3. first distribution of the original and
each copy of the work by sale or other
forms of transfer of ownership
4. rental rights
5. public display of the original or a copy
6. public performance of the work
7. other communication to the public of
the work
Exhaustion of rights
a. national exhaustion – does not allow
the IP owner to control the commercial
exploitation of works put on the
domestic market by the IP owner or
with his consent
b. regional exhaustion – first sale of the
protected work by the IP owner or with
his consent exhaust any IP right over
these works within the whole region,
and parallel imports within the region
can no longer be opposed based on the
IP right
c. international exhaustion – IP rights
are exhausted once the work has been
sold by the IP owner or with his consent
in any part of the world
The first sale doctrine is a defense to
copyright infringement
First sale doctrine – after the first sale of
a copyrighted work in tangible form with
the consent of the copyright owners, the
distribution right derived from the
copyright is deemed “exhausted”
Moral rights: author of a work shall,
independently of the economic rights or
the grant of an assignment or license
with respect to such right, have the
right:
1. to require that the authorship be
attributed to him
2. to make any alterations of his work
prior to, or to withhold it from
publication
3. 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
4. to restrain the use of his name with
respect to any work not of his own
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Intellectual Property Law –
creation or in a distorted version of his 5. audiovisual work = producer, author
work of the scenario, composer of the music,
film director and author of the work so
GR: Waiver of moral rights – by a adapted
written instrument, except if it permit 6. letters = writer subject to the
another to: provisions of Article 723 of the Civil
a. use the name of the author or the Code
title of his work or otherwise to make
use of his reputation with respect to any Anonymous and pseudonymous works –
version or adaptation of his work publisher shall be deemed to represent
b. use of the name of the author with the author of articles and other writings
respect to a work he did not create published without the names of the
authors or under pseudonyms
An author cannot be compelled to
perform his contract to create a work or Related rights (neighbouring rights)
for the publication of his work already in 1. performers rights
existence. However, he may be held 2. producers of sound recordings
liable for damages for breach of such 3. broadcasting organizations
contract
ABSCBN Broadcasting Corporation vs
EX: Philippine Multimedia System Inc –
a. contribution to collective work retransmission is not rebroadcasting
b. editing, arranging and adaptation of
work Terms of protection
Copyrighted Terms of
Ownership and presumption of works protection
authorship: Original and During the life of
1. in the case of original literary and derivative works, the author and for
artistic works = author of the work as well as 50 years after his
2. works of joint authorship = co- posthumous death
authors; in the absence of agreement, works
their rights shall be governed by the Works of joint Economic rights
rules on co-ownership authorship shall be protected
3. work created by an author during and during the life of
in the course of his employment: the last surviving
a. employee = not a part of his duties author and for 50
b. employer = work is the result of the years after his
performance of his regularly-assigned death
duties, unless there is an agreement to Works of applied 25 years from the
the contrary art date of making
4. work commissioned by a person other Photographic 50 yeas from
than an employer of the author and who works publication of the
pays for it and the work is made in work and if
pursuance of the commission = creator unpublished, 50
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Intellectual Property Law –
years from the Limitations – shall not constitute
making infringement of copyright:
Audio-visual 50 yeas from a. recitation or performance of a work,
works including publication of the once it has been lawfully made
those produced work and if accessible to the public, if done privately
by process unpublished, 50 and free of charge or if made strictly for
analogous to years from the a charitable or religious institution or
photography or making society
any process for b. making of quotations from a
making audio- published work if they are compatible
visual recordings with fair use and only to the extent
justified for the purpose, including
Copyright quotations from newspaper articles
Original Derivative Related Rights c. reproduction or communication to the
a. a. a. performers public by mass media of articles on
economic economic -broadcasting/ current political, social, economic,
rights rights communication scientific or religious topic, lectures and
to the public other works for information purposes
b. moral b. moral -right to and has not been expressly reserved
rights rights fixation (source should be indicated)
-moral rights d. reproduction and communication to
the public of literary, scientific or artistic
b. producers works as part of reports of current
of sound events
recordings e. inclusion of a work in a publication,
-reproduction broadcast, or other communication to
-first public the public, sound recording or film, if
distribution such inclusion is made by way of
-rental illustration for teaching purposes and is
-making compatible with fair use (source should
available to be indicated)
the public f. recording made in schools of a work
included in a broadcast
c. g. making of ephemeral recordings by a
broadcasting broadcasting organization by means of
organizations its own facilities and for use in its own
- broadcast
rebroadcasting h. use made of a work by or under the
-recording direction or control of the Government,
-fresh by the National Library or by
transmission/ educational, scientific or professional
fresh recording institutions where such use is in public
interest and is compatible with fair use
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Intellectual Property Law –
i. public performance or the
communication to the public of a work,
in a place where no admission fee is
charged
j. public display of the original or a copy
of the work not made by means of a
film, slide, television image or otherwise
on screen or by means of any other
device or process
k. any use made of a work for the
purpose of any judicial proceedings or
for the giving of professional advice by a
legal practitioner
l. reproduction or distribution of
published articles or materials in a
specialized format exclusively for the
use of the blind, visually- and reading-
impaired persons (should be nonprofit
and indicate owner)
Fair use doctrine – fair use of a
copyrighted work for criticism,
comment, news reporting, teaching
including limited number of copies for
classroom use, scholarship, research
and similar purpose if not an
infringement of copyright
not a defense against copyright
infringement
Copyright infringement acts:
a. directly commits an infringement
b. benefits from the infringing activity of
another person who commits
c. with knowledge of infringing activity,
induces, causes or materially contributes
to the infringing conduct of another
ALSO LIABLE: any person who at the
time when copyright subsists in a work
has in his possession an article which he
knows or ought to know to be an
infringing copy of the work for the
purpose of:
a. selling, letting for hire or by way of
trade offering or exposing for sale or
hire the article
b. distributing the article for purpose of
trade or any other purpose to an extent
that will prejudice the rights of the
copyright owner in the work
c. trade exhibit of the article in public

Factors:
a. purpose and character of the use
b. nature of the copyrighted work
c. amount and substantiality of the
portion used in relation to the
copyrighted work as a whole
d. effect of the use upon the potential
market for or value of the copyrighted
work

ABSCBN Corp vs Gozon

- infringement under the intellectual
property code is malum prohibitum
- criminal intent is completely immaterial
- good faith, lack of knowledge of the
copyright, or lack of intent to infringe is