Intellectual Creation

Intellectual Property
• refers to creations of the mind
Section 4.1 of R.A. No. 8293 (Intellectual
Property Code of the Philippines)
• Scope of “Intellectual Property Rights”
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; and
g) Protection of undisclosed information.
When Ownership Is Acquired
• from the moment of their creation
• absolute control
• Right to share
• Exclusive right to its publication (limited to first publication)

Note:
Published = work is dedicated to public; author loses the exclusive right to
control subsequent publications by others
EXC.: if placed under protection of the Copyright Law
Republic Act No. 8293
• “Intellectual Property Code of the Philippines”
• special law governing patents and copyrights
Ownership of Letters
• material or physical object (the letter itself) = owned by the recipient
• ideas or thoughts contained in the letter (its contents) = owned by
the author or writer (the sender) *copyright belongs to the same

• Rule: recipient cannot publish or disseminate

• EXC:
1. the writer or the writer’s heirs consent
Remedy: injunctive relief from the court + damages
2. public good or the interest of justice so requires (Art. 723)