Intellectual Property and Law on Business Protection

Practice flashcards covering definitions, state policies, and civil code articles related to Intellectual Property Law in the Philippines, including the Laktaw v. Paglinawan case.

Intellectual property

Refers to creations of the mind, including inventions (patents/utility models), designs (industrial designs), brand names (trademarks), or literary and artistic works (copyright).

Art. XII, Sec 6

A state policy specifying that the use of property bears a social function, and individuals, private groups, and corporations have the right to operate economic enterprises subject to the duty of the State to promote distributive justice.

Art. XIV, Sec 13

Directs the State to protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations.

RA 8293, Sec 2

The Declaration of State Policy recognizing an effective intellectual property system as vital to domestic development, technology transfer, foreign investment, and market access.

Art. 712

Specifies that ownership is acquired by occupation and by intellectual creation, as well as transmitted by law, donation, succession, contracts, tradition, or prescription.

Art. 721

Identifies persons who acquire ownership by intellectual creation, including authors, composers, painters, sculptors, and scientists or technologists.

Art. 722

States that authors, composers, and artists have ownership of their creations even before publication, copyright, or patenting.

Art. 723

Provides that letters and private communications belong to the person to whom they are addressed, but cannot be published without the writer's consent unless the court authorizes it for public good.

Intellectual Property Office

The agency responsible for examining patent applications, registering marks, adjudicating contested IP proceedings, and coordinating efforts to strengthen IP protection.

Patent

The right granted to an inventor to exclude others from commercially exploiting an invention for a limited period; created by application.

Trademark

Any visible sign capable of distinguishing the goods or services of an enterprise; created by registration.

Copyright

Original intellectual creations in the literary and artistic domain protected from the moment of their creation; created by creation.

Patent Duration

Valid for $20$ years from the filing date and is not subject to renewal.

Trademark Duration

Valid for $10$ years from registration and can be renewed.

Copyright Duration (Economic and Moral Right of Integrity)

Valid during the lifetime of the owner and for $50$ years after death; not subject to renewal.

Moral Right of Attribution

A copyright-related right that exists in perpetuity after death.

Prescriptive Period for Patent Infringement

An action for damages must be filed within $4$ years from the time of commission of infringement.

Prescriptive Period for Trademark/Copyright Infringement

An action for damages must be filed within $4$ years from the time the cause of action arose.

Article 7 of the Law of January 10, 1879

States that nobody may reproduce another person's work without the owner's consent, even to annotate, add to, or improve it.

Laktaw v. Paglinawan (Ruling)

Determined that reproducing another's work (like a dictionary) without consent is a violation even if it is not an "improper copy," as definitions and expressions constitute a special work.