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

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Copyright .

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

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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okay? They came to me with an idea. I didn't use anything! Look.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 had a better one.” . I promise. a guy who builds a nice chair doesn't owe money to everyone who ever has built a chair.

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

Copyrightable Works Original Works Derivative Works .

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

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

translations.Derivative Works The following derivative works shall also be protected by copyright: (a) Dramatizations. . and other alterations of literary or artistic works. 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. adaptations. abridgments. and (b) Collections of literary. arrangements.

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

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

but the copyright thereto shall remain with the creator. facilities and materials of the employer. 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.In the case of work created by an author during and in the course of his employment. (b) The employer. express or implied. to the contrary. the person who so commissioned the work shall have ownership of work. 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. unless there is a written stipulation to the contrary . if the work is the result of the performance of his regularly-assigned duties. the copyright shall belong to: (a) The employee.

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

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

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. .

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

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

destroyed or rendered unusable and copies are not available with the publisher. . 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. a copy which has been lost. when this is considered expedient. destroyed or rendered unusable. replace a copy. and (c) Where the making of such a copy is in order to preserve and. if necessary in the event that it is lost.Reproduction by libraries (a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original form. or to replace. (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.

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

In case of anonymous or pseudonymous works. the rights shall be protected during the life of the last surviving 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.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.

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.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 protection shall be for fifty (50) years from publication of the work and. from the date of making. . the term shall be fifty (50) years from date of publication and. if unpublished. if unpublished.

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

.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. 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.

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

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

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? .

.a failure to cite adequately. The "deliberate and knowing presentation of another person's original ideas or creative expressions as one’s own.” 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.

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

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 .

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

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

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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. They provide incentives for American companies to shut down. PIPA & SOPA will risk our industry’s track record of innovation and job creation.S. SVP Corporate Development and Chief Legal Officer) . Pirate sites would just change their addresses in order to continue their criminal activities. The foreign rogue sites are in it for the money. companies to censor the Internet. Law-abiding payment processors and Internet advertising Lawservices can be subject to these private rights of action. There are better ways to address piracy than to ask U. PIPA & SOPA will not stop piracy. 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. as federal judges second-guess technological secondmeasures used by these companies to stop bad actors. Google supports alternative approaches like the OPEN Act. block access to and stop servicing U.S. and potentially impose inconsistent injunctions on them. Internet companies. and we believe the best way to shut them down is to cut off their sources of funding. These bills would grant new powers to law enforcement to filter the Internet and block access to tools to get around those filters. SOPA and PIPA would also create harmful (and uncertain) technology mandates on U. As a result.S. These bills wouldn’t get rid of pirate sites.S. lawcompanies.Google’s Statement PIPA & SOPA will censor the web. (David Drummond. These bills would make it easier to sue law-abiding U.