Intellectual Property Law

Intellectual Property Defined:

• Intangible assets resulting from creative work of an individual or organization
• Creations of the minds, such as:
o Inventions;
o Literary and artistic works;
o Symbols, names, images and designs used in commerce.
• The legal rights which result from intellectual activities in the industrial, scientific,
literary and artistic fields

Constitutional basis
• Article 14, Section 13, 1987 Constitution
o “The State shall protect and secure the exclusive rights of scientists, inventors,
artists and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period as may be provided by
law.”
▪ Purpose: to encourage more scientists, inventors and artists to produce
more inventions or artistic works in order to benefit the people

Coverage of intellectual property rights

1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs (Topographies) of Integrated Circuits;
7. Protection of Undisclosed Information (TRIPS)

Patents

Primary Purpose of Patent system is not to reward the individual for his invention but for the
advancement of arts and sciences. Since inventions benefit the public, so in order to encourage
the inventors to disclose their inventions or their useful knowledge. Basically, to encourage
information dissemination of information concerning these patents.

Three-Fold Purpose of the Law

1. To foster inventions;
2. To promote disclosure of inventions; and
3. In order to make the inventions available to the public.

Basic Patent Principle

1. Territoriality – patents are only valid in the country or region in which they have been
granted
 2. First-to-File – applicants who files first will get the patent
3. Disclosure – applicant shall disclose the invention in a manner sufficiently clear and
complete
- Quid pro quo principle – protection in exchange for disclosure
4. Conditional – patents are granted only upon compliance with the criteria of patentability
5. Limited Rights

Patentable inventions
• Any technical solution of a problem in any field of human activity which is new, involves
an inventive step and is industrially applicable. It may be, or may relate to, a product, or
process, or an improvement of any of the foregoing. (Sec. 21, IPC)

Criteria for patentability

1. Novelty – an invention shall not be considered new if it forms part of a prior art
a. Prior art
i. everything which has been made available to the public anywhere in the
world, before the filing date or the priority date of the application
claiming invention; and
ii. The whole contents of an earlier published Philippine application or
application with earlier priority date of a different inventor
- should not be made available to the public by means of written description, by
use, by oral description or in any other way

General Rule: When a work has already been made available to the public, it
shall be non-patentable for absence of novelty

Exception: Doctrine of Non-Prejudicial Disclosure

- the disclosure of information contained in the application during the 12-month
period before the filing date or the priority date of the application if such
disclosure was made by:
1. The inventor;
2. A patent office and the information was contained:
a. In another application filed by the inventor and should have not been
disclosed by the office, or
b. In an application files without the knowledge or consent of the
inventor by a third party which obtained the information directly or
indirectly from the inventor;
3. A third party who obtained the information directly or indirectly from the
inventor (IPC, Sec. 25)
Note: The presumption is that the disclosure was made to test the invention or
maybe for the patent office to verify the information provided in the patent
application
2. Inventive step – if, having regard to prior art, 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
 Test of Non-Obviousness
• If any person possessing ordinary skill in the art was able to draw the inferences and he
constructs that the supposed inventor drew from prior art, then the latter did not really
invent it
• Person skilled in the art – ordinary practitioner (fictional person)
o Has access and understanding of all the priori art
o Aware of common general knowledge in the specific art
o Observed developments in the related technical field
▪ Could be a team; need not have inventive ability

3. Industrially applicable – an invention that can be produced and used in any industry. This
means an invention is not merely theoretical, but also has a practical purpose

Non-patentable inventions
1. Plant varieties or animal breeds or essentially biological process for the production of
plants or animals. This provision shall not apply to micro-organisms and non-biological
and microbiological processes;
2. Aesthetic creations;
3. Discoveries, scientific theories and mathematical methods;
4. Schemes, rules and methods of performing mental acts, playing games or doing
business, and programs for computers;
5. Anything which is contrary to public order or morality (IPC as amended by R.A. 9502,
Sec. 22);
6. Methods for treatment of the human or animal body; and
7. In the case of drugs and medicines, mere discovery of a new form or new property of a
known substance which does not result in the enhancement of the efficacy of that
substance

Ownership of Patents
Section 28. Right to a Patent. – The right to a patent belongs to the inventor, his heirs or assigns.
When two (2) or more persons have jointly made an invention, the right to a patent shall belong
to them jointly.

May patent rights be assigned or transferred?

• YES. For a valid assignment of patent rights, the assignment must be in writing and must
be duly notarized. (IPC, Sec. 105)

First-to-File Rule
• If two (2) or more persons have made the invention separately and independently of
each other, the right to the patent shall belong to the person who filed an application for
such invention, or
• Where two or more applications are filed for the same invention, to the applicant which
has the earliest filing date (IPC, Sec. 29)
Inventions created pursuant to a commission:
Pursuant to a commission: The person who commissions the work shall own the patent, unless
otherwise provided in the contract.

Pursuant to employment: In case the employee made the invention in the course of his
employment contract, the patent shall belong to:
a. The employee, if the inventive activity is not a part of his regular duties even if
the employee uses the time, facilities and materials of the employer;
b. The employer, if the inventive activity is the result of the performance of his
regularly-assigned duties, unless there is an agreement, express or implied, to
the contrary (IPC, Sec. 30)

Right of priority
An application for patent filed by any person who has previously applied for the same invention
in another country which by treaty, convention, or law afford similar privileges to Filipino citizens,
shall be considered as filed as of the date of filing the foreign application: Provided, That: (a) the
local application expressly claims priority; (b) it is filed within twelve (12) months from the date
the earliest foreign application was filed; and (c) a certified copy of the foreign application
together with an English translation is filed within six (6) months from the date of filing in the
Philippines.

Patent registration
The procedure for the grant of patent may be summarized as follows:
1. Filing of the application
2. Accordance of the filing date
3. Formality examination
4. Classification and search
5. Publication of application
6. Substantive examination
7. Grant of patent
8. Publication upon grant
9. Issuance of certificate

Patent application
Section 32. The application. – 32.1. The patent application shall be in Filipino or English and shall
contain the following:
a. A request for the grant of a patent;
b. A description of the invention;
c. Drawings or necessary for the understanding of the invention;
d. One or more claims; and
e. An abstract
Grounds for cancellation of patent
Any interested party may petition to cancel any patent or any claim or parts of a claim under any
of the following grounds:
1. The invention is not new or patentable;
2. 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; or
3. Contrary to public order or morality (IPC, Sec. 61.1);
4. Patent is found invalid in an action for infringement (IPC, Sec. 82); and
5. The patent included matters outside the scope of the disclosure contained in the
application

Patent Application by Persons Not Having the Right to a Patent

Remedies of persons with a right to a patent
If a person other than the applicant is declared by final court order or decision as having the tight
to a patent, he may within 3 months after such decision has become final:
1. Prosecute the application as his own
2. File a new patent application
3. Request the application to be refused; or
4. Seek cancellation of the patent (IPC, Sec. 67.1).
Time to file action: within one (1) year from the date of publication

Remedies of the True and Actual Inventor

If a person, who was deprived of the patent without his consent or through fraud is declared by
final court order or decision to be the true and actual inventor, the court shall order for his
substitution as patentee, or at the option of the true inventor, cancel the patent and award actual
and other damages in his favor if warranted by the circumstances.

Rights conferred by a patent

1. In case of Product – right to restrain, prohibit and prevent any unauthorized person or
entity from making, using, offering for sale, selling or importing the product
2. In case of Process – Right to restrain, prohibit and prevent any unauthorized person or
entity from manufacturing, dealing in, using, offering for sale, selling or importing any
product obtained directly or indirectly from such process (IPC, Sec. 71)
3. Right to assign the patent, to transfer by succession, and to conclude licensing contracts
(IPC, Sec. 71.2)

The rights conferred by a patent application take effect after publication in the Official Gazette.
(IPC, Sec. 46)

Duration of Effectivity of Patent Rights

• 20 years, not subject to renewal
Limitations of Patent Rights
The owner of a patent has no right to prevent third parties from making, using, offering for sale,
selling or importing a patented product in the following circumstances:

a. Using a patented product after it has been put on the market in the Philippines by the
owner of the product, or with his express consent.
i. In case of drugs or medicines, the said limitation applies after a drug or medicine
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. This allows parallel
importation for drugs and medicines.
ii. The right to import the drugs and medicines shall be available to any government
agency or any private third party (IPC, Sec. 72.1, as amended by R.A. No. 9502)
b. Where the act is done privately and on a non-commercial scale or for a non-commercial
purpose (IPC, Sec. 72.2)
c. Exclusively for experimental use of the invention for scientific purposes or educational
purposes (IPC, Sec. 72.3)
d. In the case of drugs and medicines, where the act included 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.

Other Limitations

Prior user
• Person other than the applicant, who in good faith, started using the invention in the
Philippines, or undertaken serious preparations to use the same, before filing date or
priority date of the application shall have the right to continue the use thereof, but this
right shall only be transferred or assigned further with this enterprise or business (IPC,
Sec. 73)

Other limitations: Use by government

74.1 A government agency or third person authorized by the Government may exploit the
invention even without agreement of the patent owner where:
a. The public interest, in particular, national security, nutrition, health or the development
of other sectors, as determined by the appropriate agency of the government, so requires;
or
b. A judicial or administrative body has determined that the manner of exploitation, by the
owner of the patent or his licensee is anti-competitive; or
c. IN the case of drugs and medicines, there is a national emergency or other circumstance
of extreme urgency requiring the use of the invention; or
d. In the case of drugs and medicines, there is public non-commercial use of the patent by
the patentee, without satisfactory reason; or
 e. In the case of drugs and medicines, the demand for the patented article in the Philippines
is not being met to an adequate extent and on reasonable terms, as determined by the
Secretary of the Department of Health.

Doctrine of Exhaustion
• Also known as the doctrine of first sale, it provides that the patent holder has control of
the first sale of his invention. He has the opportunity to receive the full consideration for
his invention from his sale. Hence, he exhausts his rights in the future control of his
invention.

Patent Infringement
• The MAKING, USING, OFFERING FOR SALE, SELLING, or IMPORTING a patented product or
a product obtained directly or indirectly from a patented process, or the USE of a patented
process without the authorization of the patentee. (Sec. 76)

A patent may be infringed either:

1. Literally, or
a. Literal infringement exists if an accused device falls directly within the scope of
properly interpreted claims
2. By equivalents
a. Doctrine of Equivalents – An infringement also occurs when a device appropriates
a prior invention by incorporating its innovative concept and, despite some
modification and change, performs substantially the same function in substantially
the same way to achieve substantially the same result. (function-means-and-result
test)

Remedies of the Owners of the Patent against Infringers

• Civil action for infringement
• Criminal action for infringement – If the infringement is repeated; The criminal action
prescribes in three (3) years from the commission of the crime
• Administrative remedy – Where the amount of damages claimed is not less than P200,000
• Destruction of infringing material - upon court order

Defenses in Action for Infringement

1. Invalidity of the patent (IPC, Sec. 81);
2. Any of the grounds for cancellation of patents;
a. That what is claimed as the invention is nor 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; or
c. That the patent is contrary to public order or morality (IPC, Sec. 61)
3. Prescription
TRADEMARK
• 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.

Requirements for a mark to be registered

• A visible sign; and
• Capable of distinguishing one’s goods and services from another

Visible sign
• Words
• Letters
• Numerals
• Figures/Pictures
• Shapes
• Colors
• Logos
• Three dimensional
• Objects
• Combinations

Not visible
• Scents
• Sounds

Distinctiveness of a mark
Trademarks are divided into five different categories, which are ranked by distinctiveness
• Fanciful trademarks – made-up words which are invented to be used as a trademark name
• Arbitrary trademarks – words that have a real, common meaning but they are completely
unrelated to the product or service
• Suggestive trademarks – named after a characteristic of the product or service
• Descriptive trademarks – description of the product or service
• Generic trademarks – cannot be protected as they are simply a generic description of the
product or service

Marks which may be registered

• Any word, name, symbol, emblem, device, figure, sign, phrase, or any combination thereof
except those enumerated under Sec. 123, IPC.

Trademark vs. Trade name

Trademark Trade Name

Identifies or distinguishes the goods or Identifies or distinguishes the business or
services enterprise
 Registration is required Registration is not required

Collective mark
• Mark or trade-name used by the members of a cooperative, an association or other
collective group or organization (ex. Halal certification)

Rights over a Trademark Conferred

• The rights in a mark shall be acquired through registration with the IPO (IPC, Sec. 122) The
filing date of application is the operative act to acquire trademark rights.
• Prior use is no longer a condition precedent for registration of trademark, service mark or
trade name.

Acquisition of Ownership of Mark

• The rights in a mark shall be acquired through registration but the right to register a
trademark should be based on ownership.
• An exclusive distributor does not acquire any proprietary interest in the principal’s
trademark and cannot register it in his own name unless it has been validly assigned to
him

Registration
• Prior use is not a requirement but there must be actual use after application
• Declaration of Actual Use – within 3 years from filing of the application

Duration of Effectivity of Trademark Registration

• 10 years, subject to indefinite renewals of 10 years each
• The registrant is required to file a declaration of actual use and evidence to that effect, or
show valid reasons based on the existence of obstacles to such use, within 1 year from
the fifth anniversary of the date of registration of the mark. Otherwise, the mark shall be
removed from the Register by the IPO. (IPC, Secs. 145 and 146)

Non-registrable Marks
• Immoral, deceptive or scandalous matters
• Matter which may disparage or falsely suggest a connection with persons, etc.
• Contrary to public order or morality
• Flags/coat of arms of nations
• Names, portraits or signature of living persons (Exception: with consent)
• Names, portraits or signature of a deceased President of the Philippines (Exception:
written consent of living widow
• Identical with a registered mark belonging to a different proprietor or a mark with an
earlier filing or priority date, in respect of:
o The same goods or services, or
o Closely related goods or services, or
o If it nearly resembles such a mark as to be likely to deceive or cause confusion
 (FIRST-TO-FILE RULE)
• Misleading marks
• Generic terms (signs or indications that have become customary or usual to designate the
goods or services in everyday language or in bona fide and established trade practice
• Descriptive terms (signs or indications that may serve in trade to designate the kind,
quality, quantity, intended purpose, value, geographical origin, time or production of the
goods or rendering of the services, or other characteristics of the goods or services
• Color alone
• Shapes dictated by technical factors

Non-Registrable Marks: Well-Known Marks

• Identical with an internationally well-known mark, whether or not it is registered here,
used for identical or similar goods or services;
• Identical with an internationally well-known mark which is registered in the Philippines
with respect to non-similar goods or services. Provided, that the interests of the owner of
the registered mark are likely to be damaged by such use

Rights of a Trademark Owner

• Rights to exclusive use of the mark in connection with one’s own goods or services
resulting in likelihood of confusion
• Right to prevent others from use of an identical mark for the same, similar or related goods
or services (Sec. 147)

Territoriality Principle: Trademark registration abroad shall not be valid and binding here in the
Philippines
Exception: Well-known marks, bad faith

Trademark Infringement
• Use without consent of the trademark owner of any reproduction, counterfeit, copy or
colorable limitation of any registered mark or trade name. Such use is likely to cause
confusion or mistake or to deceive purchasers or others as to the source or origin of such
goods or services, or identity of such business

Elements:
1. Ownership of a trademark through registration
2. That the trademark is reproduced, counterfeited, copied or colourably imitated by
another
3. No consent by the trademark owner or assignee
4. Use in connection with the sale, offering for sale, or advertising of any such goods,
business or services or those related thereto
5. Likelihood of Confusion
Colorable Imitation
• Such a close or ingenious imitation as to be calculated to deceive ordinary purchasers, or
such resemblance of the infringing mark to 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
Likelihood of confusion
Types of confusion
• Confusion of goods – as to the goods themselves
• Confusion of business – as to the source or origin of such goods
- Wherein the goods of the parties are different, but the defendant’s product can
reasonably be assumed to originate from the plaintiff thereby deceiving the public into
believing that there is some connection between the plaintiff and defendant, which in
fact, does not exit.

Test of Confusion
• Dominancy Test – Focuses on the prevalent features of the competing marks
Ex. Papa Ketsarap vs. Papa Boy Lechon Sauce
• Totality Test – determined on the basis of visual, aural, connotative comparisons and
overall impressions engendered by the marks in controversy as they are encountered in
the marketplace
Ex. Lee vs. Stylistic Mr. Lee

Other Factors
Idem Sonans Rule – aural effects of the words and letters contained in the marks are also
considered in determining the issue of confusing similarity
Ex.
1. “Pycogenor” vs. PCO-GENOL” (Prosource vs. Horphag)
2. “Dermaline” vs. “Dermalin” (Dermaline Inc. vs. Myra Pharmaceuticals)
3. “Nanny” vs. “Nan” (Nestle S.A. vs. Dy Jr.)

Doctrine of Secondary Meaning

• This doctrine is 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.

Unfair Competition
• It is the passing off or attempting to pass off upon the public of the goods or business of
one person as the goods or business of another with the end and probable effect of
deceiving the public.
 Trademark Infringement Unfair Competition
Unauthorized use of a trademark The passing off of one’s goods as those of
another
Fraudulent intent is unnecessary Fraudulent intent is essential
GR: Prior registration of the trademark is a Registration is not necessary
prerequisite to the action
Exception: Well-known marks

Remedies and Jurisdiction

• Administrative action – IPO-BLA, concurrent with RTC-SCCs
• Civil Action – RTC concurrent with IPO-BLA
• Criminal Action – exclusive with RTC-SCC
- 2-5 years imprisonment
- P50,000-P200,000 in fine

COPYRIGHT
• A right over literary and artistic works which are original intellectual creations in the
literary and artistic domain protected from the moment of creation

Copyrightable works
• Literary and Artistic works
o Books, pamphlets, articles and other writings
o Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or
not reduced in writing or other material form
o Letters (shall belong to the writer)
o Dramatic, choreographic works
o Musical compositions
o Works of art
o Periodicals and newspapers
o Works relative to Geography, Topography, architecture or science
o Works of applied art
o Works of a Scientific or Technical character
o Photographic works
o Audiovisual works and cinematographic works
o Pictorial illustrations and advertisements
o Computer programs; and
o Other literary scholarly, scientific and artistic works (IPC, Sec. 172.1)
• Derivative works
o Dramatizations, translations, adaptations, abridgements, arrangements, and other
alterations of literary or artistic works;
o 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 (IPC, sec. 173)
Non-Copyrightable works
• Idea, procedure, system, method of operation, concept, principle, discovery or mere data
as such
• News of the day and other items of press information
• Any official text of a legislative, administrative, or legal nature, as well as any official
translation thereof
• Pleadings
• Decisions of courts and tribunals – this refers to original decisions and not to annotated
decisions such as the SCRA or SCAD as these already fall under the classification of
derivative works, hence copyrightable
• Any work of the government of the Philippines
• TV programs, format of TV programs
• Systems of bookkeeping; and
• Statutes

Rights of copyright owners

1. Economic Rights – The right to carry out, authorize or prevent the following acts:
a. Reproduction of the work or substantial portion thereof
b. Carry-out derivative work (dramatizations, translation,a daptation, abridgmenet,
arrangement or other transformation of the work)
c. First distribution of the original and each copy of the work by sale or other forms
of transfer of ownership
d. Rental right
e. Public display
f. Public performance
g. Other communications to the public

Duration of economic rights

Work Term of Protection
Literary and Artistic works Life of the author + 50 years after his death
Derivative Works
Joint Authorship Life of the last surviving author + 50 years after
his death
Anonymous or Pseudonymous Works 50 years from date it is first lawfully published
If before expiration of period, identity is
revealed or no longer in doubt, the rule on
Literary and Joint Authorship applies
Work of Applied Art 25 years from date of making
Photographic Works If published – 50 years from publication
Audiovisual works Unpublished – 50 years from making
Performances not incorporated in recordings 50 years from end of the year in which
performance took place
 Sound recordings and performances 50 years from end of the year in which
incorporated therein recording took place

2. Moral rights – For reasons of professionalism and propriety, the author has the right:
a. To require that the authorship of the works be attributed tom him (attribution
right/paternity right)
b. To make any alterations of his work prior to, or to withhold it from publication
c. To preserve integrity of work, object to any distortion, mutilation or other
modification which would be prejudicial to his honor or reputation; and
d. To restrain the use of his name with respect to any work not of his own creation
or in a distorted version of his work (right against false attribution) (IPC, Sec. 193)

Duration of moral rights

• During the lifetime of the author and in perpetuity after his death – Paternity right / Right
of Attribution
• Coterminous with Economic Rights – Alteration and non-publication right; Right to
Preservation of Integrity; and Right against False Attribution

Expiration of Copyright
• Transfers to public domain

Ownership of Copyright

Type of work Owner

Original literary and artistic works Author of the work (IPC, Sec. 178.1)
Joint authorship Co-authors – In case of works of joint
authorship; in the absence of agreement, their
rights shall be governed by the rules on co-
ownership
NOTE: If work of joint authorship consists of
parts that can be used separately, then the
author of each part shall be the original owner
of the copyright in the part that he has
created (IPC, Sec. 178.2)
Audiovisual work GR: Producer, the author of the scenario, the
composer of the music, the film director, and
the author of the work so adapted
EXC. Unless otherwise provided in an
agreement, the producers shall exercise the
copyright to an extent required for the
exhibition of the work in any manner, except
for the right to collect performing license fees
for the performance of musical compositions,
 with or without words, which are
incorporated into the work (IPC, Sec. 178.5)
Anonymous and pseudonymous works The publishers shall be deemed to represent
the authors of articles and other writings
published without the names of the authors
or under pseudonyms, unless the contrary
appears, or the pseudonyms or adopted name
leaves no doubt as to the author’s identity, or
if the author of the anonymous works
discloses his identity (IPC, Sec. 179)
Commissioned work The person who commissioned the work shall
own the work but the copyright thereto shall
remain with the creator, unless there is a
written stipulation to the contrary (IPC, Sec.
178.4)
Collective works When an author contributes to a collective
work, his right to have his contribution
attributed to him is deemed waived unless he
expressly reserves it (IPC, Sec. 196)
In the course of employment The employee, if not a part of his regular
duties even if the employee uses the time,
facilities and materials of the employer

The employer, if the work is the result of the

performance of his regularly assigned duties,
unless there is an agreement, express or
implied, to the contrary (IPC, Sec. 178.3)
Letters In respect of letters, the copyright shall belong
to the writer subject to the provisions of
Article 723 of the Civil Code (IPC, Sec. 178.6

The letter itself belongs to the recipient

Copyright Infringement
Elements
• Ownership of a valid copyright
o Proof of ownership: Sec. 218 – Affidavit Evidence
o Exercise of an of the exclusive economic rights in Sec. 177 without the consent of
the copyright owner
o UNLESS: Fair use
Fair use exception
• Fair use for criticism, comment, news reporting, teaching including limited (multiple)
number of copies for classroom use, scholarship, research and similar purposes (Sec. 185)

Factors to be considered in determining fair use

• Purpose and character of the use
• Nature of the copyrighted work
• Amount and substantiality of the portion used in relation to the copyrighted work as a
whole &
• Effect of the use upon the potential market for or value of the copyrighted work

Who are liable for infringement?

• Directly commits an infringement;
• Benefits from the infringing activity of another person who commits an infringement if
the person benefitinf has been given notice of the infringing activity and has the right and
ability to control the activities of the other person;
• With knowledge of infringing activity, induces, causes or materially contributes to the
infringing conduct of another (IPC, Sec. 216, as amended by R.A. No. 10372)

Copyright infringement vs. Plagiarism

Copyright Infringement
The unauthorized use of copyrighted material
in a manner that violates one of the copyright
owner’s exclusive rights, such as the right to
reproduce or perform the copyrighted work,
or to make derivative works that build upon it.
Plagiarism
The use of another’s information, language, or
writing, when done without proper
acknowledgment of the original source

Remedies in case of Copyright Infringement

1. Injunction
2. Damages, including legal costs and other expenses, as he may have incurred due to the
infringement as well as the profits the infringer may have made due to such infringement
3. Impounding during the pendency of the action sales invoices and other documents
evidencing sales
4. Destruction without any compensation all infringing copies
5. Moral and exemplary damages
6. Seizure and impounding of any article, which may serve as evidence in the court
proceedings

Differences between Copyright, Trademark and Patents

BASIS PATENT TRADEMARK COPYRIGHT
Intellectual Rights Technical solution of a Any visible sign Literary and artistic
problem in any field capable of works
of human activity distinguishing the
 which is new and goods or services of
industrially applicable an enterprise must be
registered
Term of protection 20 yeas from filing 10 years and It depends on the
date of application renewable upon type of work
expiration (Generally 50 years)
Office where Bureau of Patents, Bureau of No required; Optional
registered Intellectual Property Trademarks, at the National
Office Intellectual Property Library or IPO
Office