INTELLECTUAL PROPERTY

CODE
REPUBLIC ACT 8293
I. PURPOSE
 TO STRENGTHEN THE INTELLECTUAL AND
INDUSTRIAL PROPERTY SYSTEM IN THE
PHILIPPINES AS MANDATED BY THE COUNTRY’S
ACCESSION TO THE AGREEMENT ESTABLISHING
THE WORLD TRADE ORGANIZATION (WTO).
II. INTELLECTUAL PROPERTY:
DEFINED
 THOSE PROPERTY RIGHTS WHICH RESULT FROM
THE PHYSICAL MANIFESTATION OF ORIGINAL
THOUGHT.
 NOTE: THERE ARE NO PROPERTY RIGHTS
PROTECTED BY LAW IN MERE IDEAS OR MENTAL
CONCEPTIONS. WHEN CREATIONS OF MIND ARE
PUT IN TANGIBLE FORM, THERE IS APPROPRIATE
SUBJECT OF PROERTY THAT IS PROTECTED BY LAW.
III. INTELLECTUAL PROPERTY
RIGHTS
1. COPYRIGHT;
2. RELATED RIGHTS OR NEIGHBORING RIGHTS OF
COPYRIGHT;
3. PATENTS;
4. MARK;
5. GEOGRAPHIC INDICATIONS;
6. INDUSTRIAL DESIGNS;
7. LAYOUT DESIGNS 9TOPOGRAPHIES) OF
INTEGRATED CIRCUITS;
8. PROTECTION OF UNDISCLOSED INFORMATION.
A. COPYRIGHT
 CONFINED TO LITERARY OR ARTSITC WORKS WHICH ARE
ORIGINAL CREATIONS IN THE LITERARY OR ARTISTIC
DOMAIN PROTECTED FROM THE MOMENT OF THEIR
CREATION.
 PRINCIPLES:
1. COPYRIGHT IS THAT SYSTEM OF LEGAL PROTECTION AN
AUTHOR ENJOYS OF THE FORM OF EXPRESSION OF IDEAS;
2. RELATES TO ARTISTIC CREATIONS SUCH AS BOOKS, MUSIC,
PAINTINGS AND SCULPTURES, FILMS AND TECHNOLOGY-
BASED WORKS AS WELL AS TO THE MAIN ACT, WHICH, IN
RESPECT OF LITERARY SND ARTISTIC CREATIONS, MAY BE
MADE ONLY BY THE AUTHOR OR HIS AUTHORIZATION;
3. WORKS ARE PROTECTED BY THE SOLE FACT OF THEIR
CREATION, IRRESPECTIVE OF THEIR MODE OR FORM OF
EXPRESSION, AS WELL AS THEIR CONTENT OR PURPOSE;
4. COPYRIGHT IS NOT A RIGHT TO DO ANYTHING BUT TO
STOP OTHERS FROM DOING SOMETHING (NEGATIVE
RIGHT);
 REQUISITES FOR THE CREATION OF A
COPYRIGHTABLE WORK:
1. ORIGINALITY- DOES NOT MEAN NOVELTY OR
INGENUITY. IT MEANS THAT THE WORK “OWES
ITS ORIGIN TO THE AUTHOR.”
 CONSTITUENTS OF ORIGINALITY:
a. The work is an independent creation of the author;
b. It must not be copied;
c. It must involve some intellectual effort.
2. EXPRESSION-THERE MUST BE “FIXATION.” TO BE
“FIXED, A WORK MUST BE EMBODIED IN AMEDIUM
SUFFICIENTLY PERMANENT OR STABLE TO PERMIT IT
TO BE PERCEIVED, REPRODUCED OR OTHERWISE
COMMUNICATED FOR A PERIOD OF MORE THSN
TRANSITORY DURATION.
 WORKS PROTECTED:
A. ORIGINAL WORKS
1. BOOKS, PAMPPHLETS, ARTICLES AND OTHER WRITINGS;
2. PERIODICALS AND NEWSPAPERS-A PURE NEWS REPORT NO LONGER FINDS
PROTECTION UNDER THE LAW, BUT A COLUMN OR PUBLISHED COMMENT WILL.
3. LECTURES, SERMONS, ADDRESSES, DISSERTATIONS PREPARED FOR ORAL
DELIVERY, WHETHER OR NOT REDUCED IN WRITING OR OTHER MATERIAL
FORM;
4. LETTERS;
5. DRAMATIC OR DRAMATICO-MUSICAL COMPOSITIONS, CHOREOGRAPHIC WORKS
OR ENTERTAINMENT IN DUMB SHOWS;
6. MUSICAL COMPOSITIONS, WITH OR WITHOUT WORDS;
7. WORKS OF DRAWING, PAINTING, ARCHITECTURE, SCULPTURE,
ENGRAVING,LITHOGRAPHY OPR OTHER WORKS OF ART; MODELS OR DESIGNS
FOR WORK OF ART;
8. ORIGINAL ORNAMNETAL DESIGNS OR MODELS FOR ARTICLES OF
MANUFACTURE;
9. ILLUSTRATIONS, MAPS, PLANS, SKETCHES, CHARTS AND THREE DIMENSIONAL
WORKS, RELATIVE TO GEOGRAPHY, TOPOGRAPHY, ARCHITECTURE OR SCIENCE;
10. DRAWINGS OR PALASTIC WORKS OF SCIENTIFIC OR TECHNICAL CHARACTER;
11. PHOTOGRAPHIC WORKS;
12. AUDIOVISUAL WORKS AND CINEMATOGRAPHIC WORKS;
13. PICTORIAL ILLUSTRATIONS AND ADVERTISEMENTS;
14. COMPUTER PROGRAMS;
15. OTHER LITERARY, SCHOLARLY, SCIENTIFIC AND ARTISTIC WORKS.
B. DERIVATIVE WORKS:
1. DRAMATIZATIONS, TRANSLATIONS,ADAPTATIONS, ABRIDGMENTS,
ARRANGEMENTS AND ALTERATIONS OF LITERARY OR ARTISTIC WORKS; AND
2. COLLECTIONS OF LITERARY, SCHOLARLY OR ARTISTIC WORKS AND
COMPILATIONS OF DATA AND OTHER MATERIALS WHICH ARE ORIGINAL BY
REASON OF THE SELECTION OR COORDIANTION OF ARRANGEMENT OF
THEIR CONTENTS.
 RIGHTS CONFERRED BY COPYRIGHT:
1. COPYRIGHT OR ECONOMIC RIGHTS-ALLOWS THE OWNER TO DERIVE
FINANCIAL REWARD FROM THE USE OF HIS WORKS BY OTHERS.
2. MORAL RIGHTS
a. Right of paternity-to require that the authorship of the works be attributed to
him.
b. Right of integrity-to object to any distortion, mutilation or other modification
which would be prejudicial to his honor or reputation;
c. To make any alterations of his work or withhold it from publication;
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
 TERM OR DURATION:
-LIFETIME OF THE AUTHOR AND 50 YEARS AFTER HIS DEATH AND IS NOT
ASSIGNABLE OR SUBJECT TO LICENSE.
 DROIT DE SUIT
-INALIENABLE RIGHT TO RECEIVE TO THE EXTENT OF 5% OF
THE GROSS PROCEEDS OF THE SALE OR LEASE OF A WORK.
 FIRST SALE DOCTRINE
-AFTER THE FIRST SALE OF THE LAWFULLY MADE COPY OF THE
COPYRIGHTED WORK, ANYONE WHO IS THE OWNER OF THAT
COPY CAN SELLOR DISPOSE OF THAT COPY IN ANY WAY
WITHOUT LIABILITY FOR COPYRIGHT INFRIGEMENT.
 FAIR USE
-A PRIVILEGE OF PERSONS OTHER THAN THE OWNER OF THE
COPYRIGHT TO USE THE COPYRIGHTED MATERIAL IN A
REASONABLE MANNER WITHOUT HIS CONSENT,
NOTWITHSTANDING THE MONOPOLY GRANTED TO THE
OWNER BY THE COPYRIGHT.
 EX: A. CRITICIZING, COMMENTING AND NEWS REPORTING;
B. INSTRUCTIONAL PURPOSES
 PLAGIARISM
-THE ACT OF APPROPRIATING THE LITERARY COMPOSITION OF
ANOTHER, OR PARTS OR PASSAGES OF HIS WRITINGS, OR
IDEAS OR LANGUAGE OF THE SAME AND PASSSING THEM OFF
AS THE PRODUCT OF ONE’S MIND.
B. PATENT
 THE RIGHT GRANTED TO THE INVENTOR BY THE
STATE, OR BY THE REGIONAL OFFICE ACTING FOR
SEVERAL STATES, WHICH ALLOWS THE
INVENTOR TO EXCLUDE ANYONE ELSE FOR
COMMERCIALLY EXPLOITING HIS INVENTION
FOR A LIMITED PERIOD.
 PROTECTS AGAINST UNLICENSED USE OF THE
PATENTED DEVICE OR PROCESS EVEN BY ONE
WHO DISCOVERS IT PROPERLY THRU
INDEPENDENT RESEARCH.
 REQUISITES OF PATENTABILITY:
1. TECHNICAL SOLUTION OF A PROBLEM IN ANY
FIELD OF HUMAN ACTIVITY.
2. NEW(NOVELTY)-AN INVENTION SHALL NOT BE
CONSIDERED NEW IF IT FORMS PART OF A
PRIOR ART.
 PRIOR ART-THAT WHICH HAS BEEN MADE
AVAILABLE TO THE PUBLIC ANYWHERE IN THE
WORLD BEFORE THE FILING DATE OR THE
PRIORITY DATE OF THE APPLICATION
 FIRST TO FILE SYSTEM/RULE
 RIGHTS CONFERRED BY PATENT:
1. TO RESTRAIN/PROHIBIT/PREVENT:
a. Subject matter is product
-to restrain, prohibit, prevent any unauthorized person or entity from
making, using, offering for sale, selling or importing that product.
b. Subject matter is process
-to restrain, prevent or prohibit any unauthorized person or entity from
using, manufacturing, dealing in and from manufacturing, dealing in and
using, selling or offering for sale or importing any product obtained directly
or indirectly from such process;
2. To assign or transfer; and
3. To conclude licensing contracts.
 DOCTRINE OF EQUIVALENTS TEST
-if two devices do the same work substantially, the same way, the same
result, and produce substantially the same result, they are the same even
though they differ in name, form or shape.
-it requires the satisfaction of the function means-and-result test.
 NOTE: SEE SECTION 133 OF THE IPC FOR THOSE INELIGIBLE FOR REGISTRATION
 C. TRADE NAME,TRADE MARK SERVICE MARK,
COLLECTIVE MARK
 TRADE NAME-ANY INDIVIDUAL NAME OR SURNAME, FIRM
NAME, DEVICE OR WORD USED BY MANUFACTURERS,
INDUSTRIALISTS, MERCHANTS AND OTHERS TO IDENTIFY
THEIR BUSINESSES, VOCATIONS OR OCCUPATIONS.
 SERVICE MARK-ANY VISIBLE SIGN CAPABLE OF
DISTINGUISHING THE SERVICES OF AN ENTREPRISE FROM
THE SERVICE OF OTHER ENTERPRISES.
 COLLECTIVE MARK- ANY VISIBLE SIGN DESIGNATED AS
SUCH IN THE APPLICATION FOR REGISTRATION AND
CAPABLE OF DISTINGUISHING THE ORIGIN OR ANY OTHER
COOMON CHARACTERSITICS INCLUDING THE QUALITY OF
GOODS OR SERVICES OF DIFFERENT ENTERPRISES WHICH
USE THE SIGN UNDER THE CONTROL OF THE REFGISTERED
OWNER OF THE COLLECTIVE MARK.
 TRADE MARK-ANY VISIBLE SIGN CAPABLE OF
DISTINGUISHING THE GOODS OF AN ENTERPISE AND
SHALL INCLUDE STAMPED OR MARKED CONTAINER OF
GOODS.
 DOCTRINE OF RELATED GOODS OR SERVICES
-THERE IS INFRINGEMENT NWHEN THERE IS USE OF SIMILAR
MARKS ON GOODS THAT ARE SO RELATED THAT THE PUBLIC MAY
BE, OR IS ACTUALLY DECEIVED AND MISLED THAT THE GOODS
COME FROM THE SAME MAKER OR MANUFACTURER.
 EXCEPTION: WELL KNOWN MARK-A MARK WHICH A
COMPETENT AUTHORITY OF THE PHILIPPINES HAS DESIGNATED
TO BE WELL-KNOWN INTERNATIONALLY AND IN THE
PHILIPPINES.
- IN DETERMINING WHETHER THE MARK IS WELL KNOWN, THE
KNOWLEDGE OF THE RELEVANT SECTOR OF THE PUBLIC SHALL BE
PERTINENT.
 INFRINGEMENT: (SEC.155)
1. REPRODUCTION OR COLORABLE IMITATION OF A REGISTERED
MARK OR A DOMINANT FEATURE THEREOF;
2. LIKELIHOOD TO CAUSE CONFUSION OR KISTAKES IN THE
MIND OF THE PUBLIC OR DECEIVE PURCHASERS.
 IDEM SONAMS RULE
-TWO TRADEMARKS USED ON IDENTICAL OR RELATED GOODS
MAY BE CONFUSINGLY SIMILAR IF THEY HAVE SIMILAR SOUND OR
PRONUNCIATION.
 Ex: SALONPAS AND LIONPAS (MARVEX COMMERCIAL CO. V. PETRA
HAWPIA AND CO., GR NO. 19297, DECEMBER 22, 1966).
RA NO. 623 AS AMENDED BY RA NO. 5700
INFRINGEMENT OF NAME AND MARK OF OWNERSHIP STAMP ON
CONTAINERS

 GENERAL RULE: IT IS UNLAWFUL FOR ANY PERSON,

WITHOUT WRITTEN CONSENT OF THE MANUFACTURER,
BOTTLER OR SELLER, WHO HAS REGISTERED THE MARK OF
OWNERSHIP TO FILL SUCH BOTTLES, BOXES, KEGS, BARRELS
OR OTHER CONTAINERS SO MARKED ANS STAMPED, FOR
THE PURPOSE OF SALE, DISPOSE OF, OR WANTONLY
DESTROY THE SAME, WHETHER FILLED OR NOT, TO USE THE
SAME FOR DRINKING VESSELS OR DRAIN PIPES,
FOUNDATION PIPES, FOR ANY OTHER PURPOSE OTHER
THAN THAT REGISTERED.
 EXCEPTIONS:
1. USE OF THE BOTTLES AS CONTAINERS FOR BAGOONG,
PATIS AND SIMILAR NATIVE PRODUCTS;
2. PERSONS IN WHOSE FAVOR THE CONTAINERS WERE SOLD.
 THE SALE OF BEVERAGES INCLUDES ITS CONTAINERS
UNLESS OTHERWISE STIPULATED.