INTELLECTUAL PROPERYT

Those property rights which results from the physical

manifestation of an original thought. (Ballantines Law
Dictionary)

2) extends reciprocal rights to nationals of the

Philippines by law, shall be entitled to benefits to the
extent necessary to give effect to any provision of
such convention, treaty, or reciprocal law, in addition
to the rights to which any owner of an intellectual
property rights is otherwise provided by law. (Sec. 3)

COVERAGE Intellectual property rights consists of:

REVERSE RECIPROCITY OF FOREIGN LAWS

c) Geographic indications;

Section 231 making enforceable on nationals of a

foreign state all conditions, restrictions, limitations,
diminutions, requirements or penalties that may be
imposed by such foreign state on a Filipino national
seeking intellectual property protection.

d) Industrial designs;

v Reciprocal application is not automatic

e) Patents;

Rather, the Phils. may apply to the foreign national

those restrictions that his country imposes on Filipino
applicants

a) Copyrights and related rights;

b) Trademarks and service marks;

f) Layout-designs
Circuits; and

(Topographies)

of

Integrated

g) Protection of Undisclosed Information. (Sec. 4)

STATE POLICY IN RESPECT OF INTELLECTUAL

PROPERTY RIGHTS (IPR)
There is a declaration of State Policy that, among
others, 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 for our
products, hence it shall protect and secure exclusive
rights of scientists, inventors, artists, and other gifted
citizens to their intellectual property and creations.
(Sec. 2)
INTERNATIONAL CONVENTION AND
RECIPROTICY
Any person who is a national or who is domiciled or
has a real and effective industrial establishment in a
country which
1) is a party to any convention, treaty, or agreement
relating to intellectual property rights or the
repression of unfair competition to which the
Philippines is also a party, or

What
are
TECHNOLOGY
ARRANGEMENTS?

TRANSFER

-contracts or agreements involving the transfer of

systematic knowledge for the manufacture of a
product, the application of a process, or rendering of
a service including management contracts; and the
transfer, assignment or licensing of all forms of
intellectual property rights, including licensing of
computer software except computer software
developed for mass market. (Sec. 4)
PRESCRIPTIVE PERIOD OF ACTIONS FOR
DAMAGES UNDER THE IPC
No damages may be recovered after four (4) years
from the time the cause of action arose (Sec. 226)
JURISDICTION OVER DISPUTES UNDER IPC
A. Original Jurisdiction
1) Director General (IPO)
-has original jurisdiction to resolve disputes relating
to the terms of a license involving the authors right to
public performance or other communication of his
work.

2) Bureau of Legal Affairs

Documentation,
Transfer; AND

-has jurisdiction over the ff:

i. Opposition to applications for registration of marks;
ii. Cancellation of trademarks;
iii. Cancellation of patents, utility models and
industrial designs;

Information

and

Technology

-over decisions of the Director General in the

exercise of his original jurisdiction relating to the
terms of license involving the authors right.
ADMINISTRATIVE PENALTIES IMPOSED FOR
VIOLATIONS OF LAWS INVOLVING IPR

iv. Petition for compulsory licensing of patents;

-The Director for Legal Affairs may impose the ff:

v. Administrative Complaints for violations of laws

involving IPR where the total damages claimed is not
less than P200,000.00

a) Issuance of a cease and desist order (CDO);

3) Documentation,
Transfer Bureau

Information

-has jurisdiction to settle

technology transfer payments

and

disputes

Technology

b) Acceptance of voluntary assurance compliance

(VAC) or voluntary assurance of discontinuance
(VAD);

involving

c) Condemnation or seizure of products subject of

the offense;

B. Appellate Jurisdiction

d) Forfeiture of properties used in the commission of

the offense;

1) Director General

e) Imposition of administrative fines;

-over all decisions rendered by the ff:

f) Cancellation of permit, license, authority or

registration;

Dir. of Legal Affairs

Dir. of Patents

g) Withholding of permit, license, authority or

registration;

Dir. of Trademarks

h) Assessment of damages;

Dir. of the Documentation,

Technology Transfer

Information

and

2) Court of Appeals
-over decisions of the Director General in the
exercise of his appellate jurisdiction over the
decisions of the:
Dir. of Legal Affairs
Dir. of Patents
Dir. of Trademarks
3) Secretary of Trade and Industry
-over decisions of the Director General on the
exercise of his appellate jurisdiction of the Director of

i) Censure;
j) Analogous penalties or sanctions (Sec. 10.2 [b])
LAW ON PATENTS
PATENT an exclusive right acquired over an
invention, to sell, use, and make the same whether
for commerce or industry.
PATENTABLE INVENTIONS
-any technical solution of a problem in any field of
human activity which is NEW, involves an
INVENTIVE
STEP
and
is
INDUSTRIALLY
APPLICABLE shall be patentable. The patentable
invention may be, or may relate to, a product, or
process, or an improvement of any of the foregoing.
(Sec. 21)
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Requirements:
1) Technical solution of a problem in any field of
human activity
2) Novelty that which does not form part of a prior
art consists of:
a) that which has been made available to the public
anywhere in the world before the filing date or the
priority date of the application
b) that which forms part of an application whether for
patent, utility or industrial design, effective in the
Philippines, provided that:
i. the inventors or applicants are not the same
ii. the contents of the application are published in
accordance with the requirements of patent
application rules.
iii. the filing date of the prior art is earlier.
3) Inventiveness/Inventive Step
-an invention involves an inventive step if, having
regard to prior art, it is not obvious to a person skilled
in the art of the time of the filing date or priority date
of the application claiming the invention. (Sec. 26)
4) Industrial Applicability
-an invention that can be produced and used in any
industry. (Sec. 27)

d) Plant varieties or animal breeds of essentially

biological process for the production of plants or
animals;
e) Aesthetic creations;
f) Anything which is contrary to public order or
morality (Sec. 22)
RIGHT TO A PATENT
The right to a patent belongs:
a) to the inventor, his heirs, or assigns
b) when 2 or more persons have made the invention
separately and independently to them jointly
c) if two (2) or more persons have made the invention
separately and independently of each other to the
person who filed an application for such invention
(FIRST TO FILE RULE)
d) where 2 or more applications are filed for the same
invention to the applicant who has the earliest filing
date or the earliest priority date (FIRST TO FILE
RULE) (Sec. 29)
e) in case of inventions created pursuant to a
commission to the person who commissions the
work UNLESS agreed otherwise.
f) in case an employee made the invention in the
course of his employment, the patent shall belong to:

patent

the employee if invention not part of his regular

duties even if he uses the time, facilities and
materials of the employer; OR

a) Discoveries, Scientific Theories and Mathematical

Methods;

the employer if the invention is the result of the

performance of his regularly assigned duties unless
agreed otherwise.

NON-PATENTABLE INVENTIONS
The following
protection:

shall

be

excluded

from

b) Schemes, rules and methods of performing mental

acts, playing games or doing business, and programs
for computer;
c) Methods for treatment of the human or animal
body by surgery or therapy and diagnostic methods
practiced on the human or animal body;

RIGHTS ACQUIRED BY THE PATENTEE

The patentee acquires the following rights under his
patent
a) Where the subject matter of a patent is a product,
to restrain, prohibit and prevent any unauthorized
person or entity from making, using, offering for sale,
selling or importing that product;
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b) Where the subject matter of a patent is a process,

to restrain, prevent or prohibit any unauthorized
person or entity from using the process, and from
manufacturing, dealing in, using or offering for sale,
or importing any product obtained directly or
indirectly from such process;
c) to assign, or transfer by succession the patent,
and to conclude licensing contracts for the same
(Sec. 71)
CONTENTS OF PATENT APPLICATION
A patent application shall contain:
1) a request for the grant of patent;
2) a description of the invention;
-the disclosure of the invention must be in a manner
sufficiently clear and complete for it to be carried out
by a skilled in the art.
3) Drawings necessary for the understanding of the
invention;
4) One or more claims

c) Classification of application and search for prior art

(Sec. 43)
d) Publication of patent application in the IPO
Gazette (Sec. 44);
e) Inspection of the application documents by any
interested party and written observations by any third
party concerning the patentability of the invention
(Secs. 44.2 and 47);
f) Written request by the applicant, within 6 months
from the date of publication of his patent application,
for the substantive examination by the IPO of his
application. (Sec 48);
g) Grant of the patent (Sec. 50), or refusal of the
examiner to grant the patent (Sec. 51); in the latter
case, the refusal may be appealed to the Director of
the Bureau of Patents;
h) Publication of the grant of patent in the IPO
Gazette (Sec. 52)
TERM OF A PATENT, UTILITY MODEL,
INDUSTRIAL DESIGN

5) An abstract (Sec. 32)

a) Patent 20 yrs from the filing date of application,

without renewal

v must contain relevant information as to the identity

of the person (no anonymous person)

b) Utility model 7 yrs, w/out renewal

v if the applicant is not the inventor; he must show

proof of authority to seek application for registration
UNITY OF INVENTION
-every application for patent registration must contain
an application over a simple invention or several
inventions but must form part of a single general
inventive concept

PROCEDURE FOR THE GRANT OF PARENT

a) According a filing date to the application (Sec. 41);
b) Examination of compliance by applicant with the
formal requirements specified in Sec. 32, i.e.,
contents of application (Sec. 42);

c) Industrial design 5 yrs, renewable twice

UTILITY MODELS
-models of implement or tools of any industrial
product even if not possessed of the quality of
invention but which is of practical utility
INDUSTRIAL DESIGN
-any composition of lines or colors or any threedimensional form, whether or not associated with
lines or colors provided that such composition or form
gives a special appearance to and can serve as
pattern for an industrial product or handicraft.
CANCELLATION OF PATENTS
Who may file?
any person
4

 IPO motu proprio

Grounds:
a) That the patent is invalid (Sec. 81);
b) That what is claimed as the invention is not new or
patentable;
c) That the patent does not disclose the invention in a
manner sufficiently clear and complete for it to be
carried out by any person skilled in the art; or
d) That the patent is contrary to public order or
morality. (Sec. 61)
e) failure to make payments of annual fees or dues

amount of the actual damages sustained plus

attorneys fees and other expenses of litigation;
2) To secure an injunction for the protection of his
rights;
3) To receive a reasonable royalty, if the damages
are inadequate or cannot be readily ascertained with
reasonable certainty;
4) To have the infringing goods, materials and
implements predominantly used in the infringement
disposed of outside the channels of commerce, or
destroyed without compensation;
5) To hold the contributory infringer jointly and
severally liable with the infringer.

Where to file?
BLA if in violation of IPC (administrative)
RTC otherwise
INFRINGEMENT
-the making, using, offering for sale, selling or
importing a patented product or a product obtained
directly or indirectly from a patented process or the
use of a patented process without the authorization
of the patentee. (Sec. 76)
TEST OF PATENT INFRINGEMENT
1) Literal Infringement resort is had to the words
of the claim.
2) Doctrine of Equivalents if two devices do the
same work in 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.

B) File criminal case within 3 years from date of

commission of the crime for repetition of infringement
(Sec. 84)
LAW ON TRADEMARKS
TRADEMARK anything which is adopted and used
to identify the source of origin of goods, and which is
capable of distinguishing them from goods emanating
from a competitor
SERVICE MARK distinguishes the services of an
enterprise from the service of other enterprises. It
performs for services what a trademark does for
goods.
COLLECTIVE MARK - any visible sign designated as
such in the application for registration and capable of
distinguishing the origin or any other common
characteristic, including the quality of goods and
services of different enterprises which use the sign
under the control of the registered owner of the
collective mark (Sec. 121.2)

REMEDIES IN CASE OF INFRINGEMENT

A) File civil case for the following purposes:
1) To recover from the infringer such damages as the
court may award considering the circumstances of
the case provided it shall not exceed 3 times the

TRADE NAMES the person (whether natural or

juridical) who does business and produces the goods
or the services is designated by a trade name.
-Under the law, there is no need to register trade
names in order to secure protection for them.
5

TRADE DRESS involves the total image of a

product, including such features as size, shape, color
or color combinations, texture, and/or graphics.

suggest a connection with persons, living or dead,

institutions, beliefs, or national symbols, or bring
them into contempt or disrepute;

HOW MARKS ARE ACQUIRED

b) Consists of the flag or coat of arms or other

insignia of the Philippines or any of its political
subdivisions, or of any foreign nation, or any
simulation thereof;

-Under RA 8293, the rights in a mark shall be

acquired through registration made validly in
accordance with its provisions. (Sec. 122)
-This proposition of law, however, may not be
converted for it is not true that where there is no
registration, there is no protection.
Acquisition through use
-Whether or not a registered trademark is employed,
when a person has identified in the mind of the public
the goods he manufactures or deals in his business
or services from those of others, such a person has a
property right in the goodwill of said goods or
services which will be protected in the same manner
as other property rights (Sec. 168.1)
RIGHTS CONFERRED
-the owner of a registered mark shall have the
exclusive right to prevent all third parties not having
the owners consent from using in the course of trade
identical or similar signs or containers for goods or
services which are identical or similar to those in
respect of which the trademark is registered where
such use would result in a likelihood of confusion.
(Sec. 147)
DURATION
-the certificate of registration of a trademark shall be
ten (10) years from the filing date of application
provided the registrant shall file a declaration of
actual use within a year from the 5th anniversary of
registration date (Sec. 145)
-renewable for another 10 yrs. (Sec. 146)
NON-REGISTRABLE TRADEMARKS, TRADE
NAMES AND SERVICE MARK
A mark cannot be registered if it:
a) Consists of immoral, deceptive or scandalous
matter, or matter which may disparage or falsely

c) Consists of a name, portrait or signature identifying

a particular living individual except by his written
consent, or the name, signature, or portrait of a
deceased President of the Philippines, during the life
of his widow, if any, except by written consent of the
window;
d) Is identical with a registered mark belonging to a
different proprietor or a mark with an earlier filing or
priority date, in respect of:
(i) The same gods or services, or
(ii) Closely related goods or services, or
(iii) If it nearly resembles such a mark as to be likely
to deceive or cause confusion;
e) Is identical with, or confusingly similar to, or
constitutes a translation of a mark which is
considered by the competent authority of the
Philippines to be well-known internationally and in the
Philippines, whether or not it is registered here, as
being already the mark of a person other than the
applicant for registration, and used for identical or
similar goods or services: provided, that in
determining whether a mark is well-known, account
shall be taken of the knowledge of the relevant sector
of the public, rather than of the public at large,
including knowledge in the Philippines which has
been obtained as a result of the promotion of the
mark;
f) Is identical with, or confusingly similar to, or
constitutes a translation of a mark considered wellknown in accordance with the preceding paragraph,
which is registered in the Philippines with respect to
goods or services which are not similar to those with
respect to which registration is applied for: provided,
that use of the mark in relation to those goods or
services would indicate a connection between those
6

goods or services, and the owner of the registered

trademark: Provided further that the interests of the
owner of the registered mark are likely to be
damaged by such use;
g) Is likely to mislead the public, particularly as to the
nature, quality, characteristics or geographical origin
of the goods or services;
h) Consists exclusively of signs that are generic for
the goods or services that they seek to identify;
i) Consists exclusively of signs or of indications that
have become customary or usual to designate the
goods or services in everyday language or in a
bonafide and established trade practice;
j) Consists exclusively of signs or indications that
may serve in trade to designate the kind, quality,
quantity, intended purpose, value, geographical
origin, time or production of the goods or rendering of
the services, or other characteristics of the goods or
services;
k) Consists of shapes that may be necessitated by
technical factors or by the nature of the goods
themselves or factors that affect their intrinsic value;

e) The list of the goods or services for which the

registration is sought. (Sec. 127.1)
v NO filing date shall be accorded until the required
fee is paid (Sec. 127.2)
PROCEDURE FOR REGISTRATION
a) Examination to determine whether the application
satisfies the requirements for the grant of a filing
date.
b) Examination to determine whether the application
meets the requirements of Sec. 124 and the mark is
registrable under Sec. 123.
c) Denial of the application or amendment thereof or
publication of the application;
d) Opposition to the application; notice; hearing;
decision by examiner; appeal to the Director of
Bureau of Trademarks; appeal to the IPO Director
General; appeal to the CA;
e) Issuance of Certificate of registration
f) Publication in the IPO Gazette of the fact of
registration

l) Consists of color alone, unless defined by a given

form; or
m) Is contrary to public order or morality (Sec. 123)
FILING DATE OF AN APPLICATION
-The filing date of an application shall be the date on
which the office received the following indications and
elements in English or Filipino:

CANCELLATION OF TRADEMARK OR
TRADENAME
Who may file?
any person who believes that he is and will be
damaged by the registration of a mark
Where to file?
BLA

a) An express or implicit indication that the

registration of a mark is sought;

Grounds:

b) Indications sufficient to contact the applicant or his

representative, if any;

a) Mark becomes generic for goods for which it is

registered;

c) Indications sufficient to contact the applicant or his

representative, if any;

b) Abandonment of the mark;

d) A reproduction of the mark where registration is

sought; and

c) Registration obtained fraudulently or contrary to

provisions of RA 8293;
d) Mark used by, or with permission, or, registrant;
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e) Failure to use the mark within the Philippines for 3

uninterrupted years or longer.

mistake, or to deceive,
infringement. (Sec. 155)

shall

be

liable

for

EFFECTS OF NON-USE

TEST OF TRADEMARK INFRINGEMENT

may be excused if caused by circumstances arising

independently of the will of the trademark owner,
such as military coup, or political changes that
impede commerce

1) Dominancy Test consists in seeking out the

main, essential or dominant features of a mark.

Registration is an administrative act declaratory of a

pre-existing right that does not, of itself, perfect a
trademark, for what does is actual use
Non-use is a ground for removing a mark from the
register
DOCTRINE OF SECONDARY MEANING
-While a generic, indicative or descriptive mark will,
as a general rule, be denied registration, there is a
circumstance that will allow it to be registered. Under
the doctrine of secondary meaning, when a mark has
become distinctive of the applicants gods in
commerce and, in the mind of the public, indicates a
single source of consumers, it may be registered.
WHAT CONSTITUTES AN INFRINGEMENT
-Under RA 8293, any person shall, without the
consent of the owner of the registered mark:
1) Use in commerce any reproduction, counterfeit,
copy, or colorable imitation of a registered mark or
the same container or a dominant feature thereof in
connection with the sale, offering for sale,
distribution, advertising any goods or services
including other preparatory steps necessary to carry
out the sale of any goods or services on or in
connection with which such use is likely to cause
confusion, or to cause mistake, or to deceive; or
2) Reproduce, counterfeit, copy or colorably imitate a
registered mark or a dominant feature thereof and
apply such reproduction, counterfeit, copy, or
colorable imitation to labels, signs, prints, packages,
wrappers, receptacles, or advertisements intended to
be used in commerce upon or in connection with the
sale, offering for sale, distribution, or advertising of
goods or services on, or in connection with which
such use is likely to cause confusion, or to cause

2) Holistic Test takes stock of the other features of

a mark, taking into consideration the entirety of the
marks.
DIFFERENTIATED FROM UNFAIR COMPETITION
1) Cause of action: in infringement, the cause of
action is the unauthorized use of a registered
trademark; in unfair competition, it is the passing off
of ones goods as those of another merchant.
2) Fraudulent intent is not necessary in infringement,
but necessary in UC.
3) Registration of trademarks: in infringement, it is a
pre-requisite; in UC, it is not required.
4) Class of goods involved: in infringement, the
goods must be of similar class; in UC, the goods
need not be of the same class.
v infringement is a form of unfair competition
REMEDIES AVAILABLE IN CASE OF
INFRINGEMENT OF A REGISTERED MARK
a) Sue for damages (Sec. 156.1);
b) Have the infringing goods impounded (Sec.
156.2);
c) Ask for double damages (Sec. 156.3)
d) Ask for injunction (156.4)
e) Have the infringing goods disposed of outside the
channels of commerce (Sec. 157.1)
f) Have the infringing goods destroyed (Sec. 157.1)
g) File criminal action (Sec. 170);
h) Administrative Sanctions
UNFAIR COMPETITION
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-any person who shall employ deception or any other

means contrary to good faith by which he shall pass
off the goods manufactured by him or in which he
deals, or his business, or services for those of the
one having established such goodwill, or who shall
commit any acts calculated to produce said result,
shall be guilty of unfair competition.
How Committed
a) Making ones goods appear as the goods of
another;
b) Use of artifice or device to induce the false belief
that ones goods are those of another;
c) False statements in the course of trade; or
d) Any act contrary to good faith calculated to
discredit anothers goods
TEST OF UNFAIR COMPETITION
-The test is whether certain goods have been clothed
with an appearance likely to deceive the ordinary
purchaser exercising ordinary care.
REMEDIES AGAINST UNFAIR COMPETITION

COPYRIGHT system of legal protection an author

enjoys in the form of expression of ideas
BASIC PRINCIPLES
Works are protected by the sole fact of their
creation, irrespective of their mode or form of
expression, as well as their content, quality or
purpose (Sec. 172.2)
Protection extends only to the expression of the
idea, not to the idea itself or to any procedure,
system, method or operation, concept or principle,
discovery or mere data.
CREATION OF A WORK
A copyright work is created when the two(2)
requirements are met:
1) Originality does not mean novelty or ingenuity,
neither uniqueness nor creativity. It simply means
that the work owes its origin to the author
2) Expression there must be fixation To be fixed,
a work must be embodied in a medium sufficiently:
permanent; or

a) Damages which may either be:

stable

reasonable profit which would have realized, or

actual profits collected by the defendant, or

to permit it to be perceived, reproduced, or otherwise

communicated for a period of more than transitory
duration.

a certain percentage over the gross sales of

defendant in case of the measure of damages cannot
be readily ascertained;

-if it is not required that the medium be visible as long

as there is a possibility of retrieval, then there is
fixation

b) Damages may be doubled in cases where actual

intent to mislead the public or to defraud the
complaint is shown;

-it is fixation that defines the time from when

copyright subsists. Before fixation, there can be no
infringement.

c) Impounding of sales invoices and other documents

evidencing sales;

WORKS PROTECTED BY COPYRIGHT

d) Injunction
e) Destruction of goods found to be infringing, and all
paraphernalia.
LAW ON COPYRIGHT

A. Original Work - Literary and artistic works are

original intellectual creations in the literary and artistic
domain protected from the moment of their creation,
irrespective of their mode or form of expression, as
well as of their content, quality and purpose, and
shall include in particular:
9

a) Books, pamphlets, articles and other writings

b) Periodicals and newspapers
c) Lectures, sermons, addresses, dissertations
prepared for oral delivery, whether or not reduced in
writing or other material form
d) Letters
e) Dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb
shows
f) Musical compositions, with or without words
g) Works of drawing, painting, architecture, sculpture,
engraving, lithography or other works of art; models
or designs for works of art
h) Original ornamental designs or models for articles
of manufacture, whether or not registrable as an
industrial design, and other works of applied art.
i) Illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography,
topography, architecture or science
j) Drawings or plastic works of a scientific or technical
character

b) Collections of literary, 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. (Sec. 173)
WORKS NOT PROTECTED
-The following works are not protected:
1) Any idea, procedure, system, method or operation,
concept, principle, discovery or mere data as such,
even if expressed, explained, illustrated, or embodied
in a work;
2) News of the day and other facts having the
character of mere items of press information;
3) Any official text of a legislative, administrative or
legal nature, as well as any official translation thereof.
(Sec. 175)
4) Any work of the Government of the Philippines.
(Sec. 176)
-however, prior approval of the government agency
or office wherein the work is created shall be
necessary for exploitation of such work for profit.
Such agency or office, may, among other things,
impose as a condition the payment of royalties

k) Photographic works including works produced by a

process analogous to photography; lantern slides

5) Pleadings;

l) Audiovisual works and cinematographic or any

process for making audio-visual recordings

-This pertains to the original decisions not to the

SCRA published in volumes since these are
protected under derivative works.

m) Pictorial illustrations and advertisements

n) Computer programs
o) Other literary, scholarly, scientific and artistic works
(Sec. 172)

6) Decisions of courts and tribunals.

RIGHTS OF AN AUTHOR
(Author a natural person who has created the
work.)
A. Economic Rights (Sec. 177)

B. Derivative Works the following derivative works

shall also be protected:

1) Right to reproduce;

a)
Dramatizations,
translations,
adaptations,
abridgments, arrangements, and other alterations of
literary works

3) Right to first public distribution or first sale;

2) Right to create derivative works;

4) Right to rent out the original or a cop of an

audiovisual or cinematographic work;
10

5) Right to public performance;

6) Right to other communication of the work to the
public.

B. Moral Rights (Sec. 193)

1) Right of attribution or paternity right;
2) Right of alteration or non-publication;
3) Right to preservation of integrity
4) Right not to be identified with work of others or
with distorted work.
Term of moral right
-lifetime of the author and 50 years after his death
Waiver of moral right
1) by a written instrument (Sec. 195)
2) by contribution to a collective work unless
expressly reserved (Sec. 196)
PRINCIPLE OF AUTOMATIC PROTECTION
Under the Berne Convention, the enjoyment and
exercise of copyright, including moral rights, shall not
be the subject of any formality.

the creator unless there is a written stipulation to the

contrary.
5. Cinematographic works the producer has
copyright for purposes of exhibition; for all other
purposes, the producer, the author of the scenario,
the composer, the film director, the author of the work
are the creators.
6. Anonymous and pseudonymous works the
publishers shall be deemed the representative of the
author unless:
a. the contrary appears
b. the pseudonyms or adopted name leaves no doubt
as to the authors identity or
c. if the author discloses his identity (Sec. 179).
7. Collective works the contributor is deemed to
have waived his right unless he expressly reserves it.
(Sec. 196)
Collective work a work created by two or more
persons at the initiative and under the direction of
another with the understanding that it will be
disclosed by the latter under his own name and that
the contributions of natural persons will not be
identified. (Sec. 171.2)

OWNERSHIP OF COPYRIGHT

8. In case of transfers, the transferee shall own one

or more or all the economic rights transferred
provided:

1. Single creator copyright belongs to the author of

the work, his heirs or assigns.

a. the assignment, if inter vivos, be in writing (Sec.

180.2)

2. Joint creation copyright belongs to the coauthors jointly as co-owners. But if the work consists
of identifiable parts, the author of each part owns the
part that he has created.

b. the assignment be filed with the National Library

upon payment of the prescribed fee. (Sec. 182)

3. Employees creation copyright belongs to the

employee if the creation is not part of his regular
duties even if he uses the time, facilities and
materials of the employer; otherwise it belongs to the
employer

Literary artistic works and derivative works of a

SINGLE CREATOR - lifetime of the creator and for
50 years after his death

DURATION OF COPYRIGHT

Joint creation lifetime of last surviving co-creator

and for 50 years after his death.

4. Commissioned work the work belongs to the

person commissioning but the copyright remains with
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 Anonymous or a work under a pseudonym not

identifiable with the true name of the creator 50
years after the date of their first publication.
v Except where, before the expiration of said period,
the author's identity is revealed or is no longer in
doubt, the rule for single and joint creation shall apply
Photographic works 50 years from the publication
of the work, or from making the same term is given to
audiovisual works produced by photography or
analogous processes.
Work of Applied Art 25 years from the date of
making
Newspaper Article lifetime of the author and 50
years after his death
v A pure news report will no longer find protection
under he new law, BUT a column or published
comment will
The work of performers not incorporated in
RECORDING, PRODUCTS OF SOUND IMAGE
RECORDINGS, and BROADCASTS, are protected
for periods of 50 years, 50 years, and 20 years,
respectively, counted from the end of the year of
performance, recording, or broadcasts, respectively.
The term of protection shall be counted from the first
day of January of the year following the death or of
last publication (Sec. 214)
LIMITATIONS TO THE RIGHTS ON COPYRIGHT
1) Private performance, private and personal use
applicable only when a work has been lawfully made
accessible to the public.

Personal Use
-making
a
single
reproduction,
adaptation,
arrangement or other transformation of anothers
work exclusively for ones own individual use in such
cases as personal research, learning or amusement
Private Use

-making a reproduction, adaptation or other

transformation of it, in a single person as in the case
of personal use but also for a common purpose by
a specific circle of persons only.
2) Fair Use of a Copyrighted Work
Fair Use - A privilege in persons other than the owner
of the copyright to use the copyrighted material in a
reasonable
manner
without
its
consent,
notwithstanding the monopoly granted to the owner
by the copyright.
-the doctrine of fair use is meant to balance the
monopolies enjoyed by the copyright owner with
interests of the public and of society.
CRITERIA TO DETERMINE WHETHER USE IS
FAIR OR NOT:
a) Purpose and the character of the use
b) Nature of the copyrighted work
c) Amount and substantially of the portions used
d) Effect of the use upon the potential market of the
copyrighted work (Sec. 185)
THE FAIR-USES OF PROTECTED MATERIAL
ARE:
a) Criticizing, commenting, and news reporting;
b) Using for instructional purposes including
producing multiple copies of classroom use, for
scholarship, research and similar purposes (Sec.
185)
3) WORKING OF ARCHITECTURE (Sec. 186)
-include the right to control the erection of any
building which reproduces the whole or a substantial
part of the work either in its original or in any form
recognizably derived from the original; Provided, that
the copyright in any such work shall not include the
right to control the reconstruction, or rehabilitation in
the same style as the original of a building to which
that copyright relates
4) REPRODUCTION OF PUBLISHED WORK
12

-exclusively for research and private study.

5)
REPROGRAPHIC
LIBRARIES

REPRODUCTION

BY

-any library or archive whose activities are not for

profit may, without the authorization of the author of
copyright owner, make a single copy of the work by
reprographic reproduction.
6) REPRODUCTION OF COMPUTER PROGRAMS
-allowed on the ff. conditions:
a) only one copy is made;
b) lawful owner made the copy;
c) purpose of which the reproduction is made is legal
like:
use to which the program is made and for which it
was purchased demand the reproduction of a copy;
or

countries and are not intended for sale: Provided,

that such copies do not exceed three (3). (Sec. 190)
REMEDIES IN CASE OF INFRINGEMENT:
1) Injunction to prevent infringement
2) Damages assessed on the basis of the proof
alleged by the plaintiff of sales made by the
defendant of the infringing work minus whatever
costs the defendant may be able to prove and
appreciated by the court.
3) Delivery under oath of all implements employed in
the production of the infringing products themselves
and the infringing items, for impounding or
destruction as the court may order.
4) Payment of moral and exemplary damages in the
discretion of court.
5) Criminal Action
DIFFERENCE BETWEEN COPYRIGHT, PATENT
AND TRADEMARK

the reproduction of a copy is necessary to

guarantee against loss or destruction (Sec. 189.1)

1) Subject Matter of the Right:

7) IMPORTATION FOR PERSONAL PURPOSES

Copyright literary, scientific or artistic work;

-The importation of a copy of a work by an individual

for his personal purposes shall be permitted without
the authorization of the author of, or other owner of
copyright in, the work under the following
circumstances:

Patent new, useful, and industrially applicable

inventions;

a) Copies of the work are not available in the

Philippines and:
i. not more than one copy at one time is imported for
strict individual use;

Trademark goods manufactured or produced

2) Where Right Registered:

Copyright National Library
Patent and Trademark IPO

ii. importation is by authority and for the use of

Philippine Government; or
iii. Religious, charitable, or educational society
imported not more than 3 copies per title provided
they are not for sale.
b) Copies form part of libraries and personal baggage
belonging to persons or families arriving from foreign

3) Duration of Right:
Patent 20 years from filing or priority date
Trademark 10 yearsCopyright Generally up to 50
years after the death of the author.

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