DE LA SALLE UNIVERSITY College of Law

COURSE SYLLABUS For INTELLECTUAL PROPERTY LAW

Course Code : Prerequisite : Prerequisite to : Type of Course : Credit : Total Hours : Faculty : Term/Time/Room :

INTPROP (BASIC) G02 NONE ADVANCED IP COURSE Elective Course 2 units 28 hours Atty. Christopher E. Cruz Thursdays, 13:00 to 15:00 pm/ J302

I. Course Description It is the policy of the state to protect and promote intellectual property rights. For this reason, the state recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments and ensures market access to our products Furthermore, the use of intellectual property bears a social function as it aids in the development of the nation (Section 2, RA 8293). Unfortunately, however, people often fail to realize the importance of respecting the intellectual property rights. In the Philippines, piracy and infringement is rampant as intellectual property laws are fragmented and not fully implemented. With the refinements introduced in RA 8293 or the Intellectual Property Code (IPC), there is now a unified law that tries to address these concerns and protect the rights of intellectual property owners. This is a basic course on intellectual property that covers the two main categories of intellectual property: (1) Industrial property which includes Patents and Trademarks; and (2) Copyright and Related Rights. The aim of this course is to examine the Intellectual Property Code (1998), treaties and other related laws and rules concerning intellectual property. The objective is not only to know the legal provisions, but also to understand its effect on society as a whole. The course will tackle the whole IP Cycle of IP Creation, IP Protection and IP Commercialization. From time to time, selected cases shall be assigned to supplement the readings. By the end of the course, the students are expected to have a working knowledge of the Philippine Intellectual Property laws and jurisprudence and relevant treaties and agreements (e.g. 1

TRIPS agreement, Patent Cooperation Treaty, Berne Convention, Madrid Protocol, etc. ) and to realize the importance of enhancing the enforcement of intellectual property rights in the Philippines.

II. Objectives / Values At the end of this course, the students are expected to be able to: 2.1 Cognitive (Knowledge) 2.1.1 Know the different laws, treaties and jurisprudence pertaining to intellectual property; 2.1.2 Explain the spirit and rationale behind the intellectual property cycle of creation, protection and commercialization. 2.1.3 Know the importance and impact of intellectual property to the economy and to society. 2.2 Cognitive (Skills) 2.2.1 Compare and contrast the different forms of intellectual property (patent, copyright, trademark, industrial design, plant varieties, etc.) 2.2.2 Draft a patent application with all the legal formalities. 2.2.3 Know the nuances of the different forms of intellectual property and its relation to business. 2.3 Affective / Value Aims 2.3.1 Practice the values of honesty and respect for ones intellectual creation. 2.3.2 Develop the La Sallian values of faith and zeal in dealing with intellectual property. 2.3.3 Demonstrate critical thinking, communication skills, computer literacy, business ethics and community service. III. Course Outline TOPIC Introduction / Classroom Policies / Groupings TOPIC 1 OVERVIEW OF INTELLECTUAL PROPERTY RIGHTS 1.1 What is Intellectual Property? Exclusivity vs. Social Benefit 1.2 The Intellectual Property Office of the Philippines 1.3 Treaties and agreements on Intellectual Property Quiz 1 Topic 2 PATENT BASICS 2.1 Patentability 2.2 What are patentable? 2 Week 1 1 1 1 2

2 2

2.3 Requirements for Patent 2.4 Patent application and procedure for grant of patent 2.5 Cancellation of patents and substitution of patentee 2.6 Remedies of a person with a right to a patent 2.7 Rights of patentee and infringement of patents 2.8 Voluntary licensing 2.9 Compulsory licensing 2.10 Assignment and transmission of rights 2.11 Registration of Utility models 2.12 Lay-out designs (topographies) of integrated circuits (As amended by RA 9150, August 2001) Quiz 2 TOPIC 3 TRADEMARKS, SERVICEMARKS TRADENAMES 3.1 Registrability: What cannot be registered? 3.2 Procedure in Trademark registration. 3.3 Rights conferred 3.4 License contracts 3.5 Infringement; Remedies 3.6 Unfair competition, rights, and remedies Quiz 3 AND

2 2 3 3 3 3 3 4 4 4 5

5 5 5 6 6 6 7

TOPIC 4 COPYRIGHT AND RELATED RIGHTS 4.1 Original Works ( Literary and Artistic) 4.2 Derivative Works 4.3 Works not protected 4.4 Economic rights 4.5 Ownership of Copyright 4.6 Transfer or assignment of copyright 4.7 Limitations on copyright 4.8 Deposit and Notice 4.9 Moral rights 4.10 Rights to proceeds on subsequent transfers 4.11 Rights of Performers, Producers and Sound Recordings and Broadcasting Organizations. Quiz 4 TOPIC 5 OTHER INTELLECTUAL PROPERTY 5.1 Trade Secrets; Know-How 5.2 Geographical Indications 5.3 Plant Varieties Quiz 5 TOPIC 6 OTHER RELEVANT TOPICS 3

7 7 7 8 8 8 8 9 9 9 9 10 10 10 10 11

6.1 RULES AND REGULATIONS ON ADMINSTRATIVE COMPLAINTS FOR VIOLATION OF LAWS INVOLVING INTELLECTUAL PROPERTY RIGHTS (March 2001) 6.2 RULES ON SEARCH AND SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (February 15, 2002) 6.3 RULES ON SETTLEMENT OF DISPUTES INVOLVING TECHNOLOGY TRANSFER PAYMENTS AND TERMS OF LICENSE INVOLVING THE AUTHORS RIGHT TO PUBLIC PERFORMANCE AND OTHER COMMUNICATION OF HIS WORK. 6.4 Optical Media Act of 2003 (RA 9239) 6.5 Legal Issues in Intellectual Property 6.6 Patent Drafting Basics FINAL EXAM

11

11

11

11 12 13 14

IV. Teaching Methodologies 4.1 Lecture and Group Work 4.2 Discussion 4.3 Library Research 4.4 On-line Learning 4.5 Case Studies V. Course Requirements 5.1 Assignments/Quizzes 5.2 Case Studies written and oral 5.3 Group Research Work and Presentation VI. Assessment/Evaluation 6.1 Grading System GRADE POINT 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.0 % DESCRIPTION EQUIVALENT 97 100 Excellent 94 96 Superior 91 93 Very Good 87 90 Good 83 86 Satisfactor y 77 82 Fair 70 76 Pass Below 70 Fail 4

GRADING Evaluation: First Half -1/3; Second Half 1/3; Final Exam 1/3

VII. LIST OF REFERENCES: Alikhan, S. (2000). Socio-Economic Benefits of Intellectual Property Protection in Developing Countries. Geneva: World Intellectual Property Organization (Publication No. 454 (E). Aquino, R. (1998, 2006). Intellectual Property Law. Quezon City: Central Professional Books, Inc., Philippines. Funa, Dennis (2012). Intellectual Property Law. Quezon City: Central Law Book Supply, Inc. Philippines. Hamzah, Z. (2006). Intellectual Property Law and Strategy. Singapore: Sweet and Maxwell Asia. Japan Patent Office (2010). Industrial Property Rights Standard Textbook. Tokyo: Japan Institute of Invention and Innovation. Kumagi, K. (2006). Introduction to Intellectual Property Rights. Tokyo: Japan Patent Office and Asia-Pacific Industrial Property Center, JIII World Intellectual Property Organization (1988). Background Reading Material on Intellectual Property. Geneva: WIPO Publication No. 659 (E). World Intellectual Property Organization (2004). Secrets of Intellectual Property: A guide for small and medium sized exporters. Geneva: WIPO Publication. World Intellectual Property Organization (2007). The Arts and Copyright. Geneva: WIPO Publication No. 935E.