Professional Documents
Culture Documents
Rights of authors
a. Economic rights – carryout and authorize or prevent the ff acts;
b. Moral rights
2. Who owns? One creator- sya iyang heris assignors
joint- co authors shall be the owners of the copyrignt in abs
3. Remedies in infringement
a. Injunction to prevent infringement
b. Action for damages which should be filed within four 4 years. Based on the sales made
of defendants infringing the work mnus whatever the cost of the defencdant
c. Criminal case. Imprisonment and fine. Subsidiary imprisonment in case of insolvency
4. Trade marks – marks that cannot be registered
DESCRIPTIVE
These are marks that describe the characteristics of the goods or services. Examples are “DURABLE” for
shoes (describes the quality), “A LITER” for cooking oil (quantity), and so is “KITCHEN” for cooking
utensils (intended purpose).
MISLEADING
Marks that are likely to deceive or have the tendency to misinform the consumers about the actual
characteristics of the goods or services like “BOLPENS” for pencils, “COLA” for alcoholic beverages,
“BULAKAN” for sweets not originating from or produced in Bulacan.
Marks and indications that have become common in everyday language or usage can not be registered.
They no longer distinguish the goods and services because they are used so often to refer to the goods
and services. Example of this is “VCO” for virgin coconut oil, “DIAMOND PEEL” for services involving
cosmetic procedure.
6. Test –
a. dominancy test – focused on the similarity of the prevalent features of the competing
trademarks whichs might cause confusion or deception and thus infringement. The
question is whether the use of such marks involved is likely to casue confusion or
mistake in the mind of public or decived purchasers. Signs color shapes, design peculiar
shapes…
b. hotilistic test – requires that the entirety of the marks in question ve considred in resolving
confusing similarity. Not only on the predominat words but also on the features appearing
in both labels in order that he may draw his conclusion whther one is confusingly similar
7. Aural effects/idems sonan rule – aural effects of the words my be taken in consideration
PYCNOGENOL- PCO GENOL
8. Exapnsion of business rule. Not limited to guading goods but also extends to the use of junior
appropriate is likely to create confusion to goods