Intellectual Property

Atty. Ramon Antonio Ruperto

By intellectual creation, the following persons acquire ownership: (1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work; (2) The composer; as to his musical composition; (3) The painter, sculptor, or other artist, with respect to the product of his art; (4) The scientist or technologist or any other person with regard to his discovery or invention. (Art. 721, NCC)

Intellectual Property Rights
Copyright and Related Rights Trademarks and Service Marks Geographic Indications Industrial Designs Patents LayoutLayout-Designs (Topographies) of Integrated Circuits Protection of Undisclosed Information

Copyright
Has to do with the rights of intellectual creators, particularly those usually, though not exclusively connected with mass communication. System of legal protection an author enjoys of the form of expression of ideas.

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.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.

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It may be. involves an inventive step and is industrially applicable shall be patentable. or may relate to. or an improvement of any of the foregoing. or process. . .Any technical solution of a problem in any field of human activity which is new. a product.Patent Patentable Inventions.

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Copyright .

When is work created? A copyrightable work is created when two (2) requirements are met: 1. originality 2. expression .

Originality How original should “original” be? How many ideas are so truly original that they merit legal protection as a form of property? .

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” . I had a better one. I didn't use anything! Look. okay? They came to me with an idea.Expression Mark Zuckerberg: “…The grounds are our thing is cool and popular and HarvardConnection is lame! I didn't use any of their code. I promise. a guy who builds a nice chair doesn't owe money to everyone who ever has built a chair.

procedure.Expression There is creation when an idea is expressed in some tangible medium. discovery or mere data as such. or at least expressed in such a away that the critical transition from bare idea or concept to “product” is effected. system. No protection shall extend to any idea. method or operation. principle. . concept.

Copyrightable Works Original Works Derivative Works .

Literary and artistic works. (d) Letters. hereinafter referred to as "works". . dissertations prepared for oral delivery. sermons. painting.Original Works Literary and Artistic Works. (e) Dramatic or dramatico-musical compositions. (c) Lectures. whether or not reduced in writing or other material form. (g) Works of drawing. articles and other writings. sculpture engraving. "works". models or designs for works of art. are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books. dramaticochoreographic works or entertainment in dumb shows (f) Musical compositions. (b) Periodicals and newspapers. lithography or other works of art. with or without words. architecture. pamphlets. addresses.

audio(m) Pictorial illustrations and advertisements. and other works of applied art. and (o) Other literary. (k) Photographic works including works produced by a process analogous to photography. whether or not registrable as an industrial design. . architecture or science. scholarly. (j) Drawings or plastic works of a scientific or technical character. (n) Computer programs.(h) Original ornamental designs or models for articles of manufacture. lantern slides. plans. scientific and artistic works. maps. topography. (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings. sketches. charts and threethreedimensional works relative to geography. (i) Illustrations.

adaptations. translations. scholarly or artistic works. abridgments. . and other alterations of literary or artistic works. arrangements.Derivative Works The following derivative works shall also be protected by copyright: (a) Dramatizations. and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. and (b) Collections of literary.

illustrated or embodied in a work. Any official text of a legislative. News of the day and other miscellaneous facts having the character of mere items of press information. explained. . administrative or legal nature. concept. as well as any official translation thereof.Works Not Protected Any idea. even if they are expressed. principle. discovery or mere data as such. system method or operation. procedure.

If. the cocoauthors shall be the original owners of the copyright and in the absence of agreement. copyright shall belong to the author of the work In the case of works of joint authorship. the author of each part shall be the original owner of the copyright in the part that he has created . their rights shall be governed by the rules on cocoownership.Copyright Ownership In the case of original literary and artistic works. however. a work of joint authorship consists of parts that can be used separately and the author of each part can be identified.

(b) The employer. express or implied.In the case of work created by an author during and in the course of his employment. if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time. unless there regularlyis an agreement. the copyright shall belong to: (a) The employee. unless there is a written stipulation to the contrary . but the copyright thereto shall remain with the creator. if the work is the result of the performance of his regularly-assigned duties. the person who so commissioned the work shall have ownership of work. to the contrary. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission. facilities and materials of the employer.

Copyright Rights exclusive right to carry out. 2. abridgment. translation. . arrangement or other transformation of the work. authorize or prevent the following acts: 1. Reproduction of the work or substantial portion of the work. adaptation. 3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership. Dramatization.

a work embodied in a sound recording. (n) 5. a computer program. Public performance of the work.4. irrespective of the ownership of the original or the copy which is the subject of the rental. Rental of the original or a copy of an audiovisual or cinematographic work. a compilation of data and other materials or a musical work in graphic form. 6. Other communication to the public of the work . Public display of the original or a copy of the work. and 7.

notwithstanding the monopoly granted to the owner by the copyright.Fair Use A privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent. .

and news reporting 2. and similar purposes . scholarship. including producing multiple copies for classroom use. commenting. research. use for instructional purposes. criticizing.Fair Use 1.

non(b) The nature of the copyrighted work.Factors In determining whether the use made of a work in any particular case is fair use. the factors to be considered shall include: (a) The purpose and character of the use. and (d) The effect of the use upon the potential market for or value of the copyrighted work . including whether such use is of a commercial nature or is for non-profit education purposes. (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

Reproduction by libraries (a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original form. a copy which has been lost. destroyed or rendered unusable and copies are not available with the publisher. or to replace. replace a copy. destroyed or rendered unusable. and (c) Where the making of such a copy is in order to preserve and. in the permanent collection of another similar library or archive. to person requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them. . if necessary in the event that it is lost. (b) Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them. when this is considered expedient.

and (b) Archival purposes. or other owner of copyright in.Reproduction of Computer Program The reproduction in one (1) back-up copy or adaptation of a backcomputer program shall be permitted. by the lawful owner of that computer program: Provided. destroyed or rendered unusable. and to the extent. without the authorization of the author of. a computer program. is necessary for: (a) The use of the computer program in conjunction with a computer for the purpose. for the replacement of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lost. . and. for which the computer program has been obtained. That the copy or adaptation Provided.

the rights shall be protected during the life of the last surviving author and for fifty (50) years after his death.Term of Protection The copyright in works under shall be protected during the life of the author and for fifty (50) years after his death. the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published . In case of works of joint authorship. In case of anonymous or pseudonymous works.

. if unpublished. from the date of making. if unpublished. the protection shall be for fifty (50) years from publication of the work and.In case of works of applied art the protection shall be for a period of twentytwentyfive (25) years from the date of making In case of photographic works. the term shall be fifty (50) years from date of publication and. fifty (50) years from the making In case of audio-visual works including audiothose produced by process analogous to photography or any process for making audioaudio-visual recordings.

Examples include the works of Shakespeare and Rizal and music of Mozart and Beethoven . there is no copyright ownership of the intellectual property.Public domain Works are in the public domain if the intellectual property rights have expired. When works are placed in the public domain.

but such terms shall always be deemed to begin on the first day of January of the year following the event which gave rise to them. .Calculation of Term The term of protection subsequent to the death of the author shall run from the date of his death or of publication.

consists in the doing by any person. of anything the sole right to do which is conferred by statute on the owner of the copyright. protected by law. without the consent of the owner of the copyright. or piracy. . and. Infringement of copyright. therefore.Copyright Infringement Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright.

effort or ingenuity? Does the author merit the degree of protection sought. something on which the first author spent much skill. to her and other producers to produce works of that sort? Would takings like this impair incentive? .. i.Factors in determining whether or not there is infringement Is the part taken distinctive.e.

Has the claimant’s present or future ability to exploit her work been substantially affected? Is the use unfairly enriching himself at the author’s expense? Do the two works compete for much of the same market? .

” Plagiarism is using someone else's work without giving proper credit .Plagiarism To plagiarize is "to steal and pass off as one’s own" the ideas or words of another. . The "deliberate and knowing presentation of another person's original ideas or creative expressions as one’s own.a failure to cite adequately.

it is possible to commit plagiarism without committing copyright infringement. . However.Infringement vs. it is possible to commit copyright infringement without plagiarizing. plagiarism and copyright violations go hand in hand. Likewise. Plagiarism Usually.

Proposed Anti-Piracy Legislation AntiStop Online Piracy Act (SOPA) – now pending before the US House of Representatives Protect Intellectual Property Act (PIPA) – now pending before the US Senate .

Advertisers. a provision absent in Pipa. payment processors and internet service providers would be forbidden from doing business with infringers based overseas. Sopa also requires search engines to remove foreign infringing sites from their results. Content owners and the US government would be given the power to request court orders to shut down sites associated with piracy. .Proposed Anti-Piracy Legislation AntiThe US bills are designed to block access to sites containing unauthorized copyright material.

Why is this a global action. people will understand that we’re doing it for our readers. We want the Internet to remain free and open. We think everyone should have access to educational material on a wide range of subjects. (Sue Gardner. don’t advance the interests of the general public. and other similar laws under discussion inside and outside the United States. and regulate the Internet in other ways. We believe in a free and open Internet where information can be shared without impediment. All around the world. Our concern extends beyond SOPA and PIPA: they are just part of the problem. for everyone.Wikipedia’s Statement: My hope is that when Wikipedia shuts down on January 18. we’re seeing the development of legislation intended to fight online piracy. We believe that new proposed laws like SOPA and PIPA. even if they can’t pay for it. that hurt online freedoms. We support everyone’s right to freedom of thought and freedom of expression. Executive Director) . everywhere. rather than US-only? SOPA and USPIPA are just indicators of a much broader problem.

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Google’s Statement PIPA & SOPA will censor the web. lawcompanies. Google supports alternative approaches like the OPEN Act. They provide incentives for American companies to shut down. (David Drummond. companies to censor the Internet. Pirate sites would just change their addresses in order to continue their criminal activities. Law-abiding payment processors and Internet advertising Lawservices can be subject to these private rights of action.S. These bills wouldn’t get rid of pirate sites. SOPA and PIPA also eliminate due process. We know from experience that these powers are on the wish list of oppressive regimes throughout the world. As a result. SOPA and PIPA would also create harmful (and uncertain) technology mandates on U. block access to and stop servicing U.S. as federal judges second-guess technological secondmeasures used by these companies to stop bad actors.S. These bills would make it easier to sue law-abiding U. and foreign websites that copyright and trademark owners allege are illegal without any due process or ability of a wrongfully targeted website to seek restitution. and potentially impose inconsistent injunctions on them. PIPA & SOPA will risk our industry’s track record of innovation and job creation. The foreign rogue sites are in it for the money.S. There are better ways to address piracy than to ask U. PIPA & SOPA will not stop piracy. Internet companies. SVP Corporate Development and Chief Legal Officer) . These bills would grant new powers to law enforcement to filter the Internet and block access to tools to get around those filters. and we believe the best way to shut them down is to cut off their sources of funding.

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