5: INTELLECTUAL PROPERTY LAW

Intellectual Property Law

It is the RA No. 8293, as amended by RA No. 10372

Copyright

• Subject matter of the right: Literary, scientific or artistic work

• Where right is to be registered: National library

• Protection starts: Creation

• Duration of right: Lifetime of the author + Generally 50 yeats after death of author

Patent

• Subject matter of the right: New, useful and industrially applicable inventions

• Where right is to be registered: Intellectual Property Office

• Protection starts: Application

• Duration of right: 20 years

Trademark

• Subject matter of the right: Goods manufactured or produced

• Where right is to be registered: Intellectual Property Office

• Protection starts: Issuance of CoR

• Duration of right: 10 years

Mark

means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods

Collective mark

means any visible sign designated as such in the application for reigistration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the reigistered owner of the collective mark

Trade name

means the name or deisgnation identifying or distinguishing an enterprise

How Rights Are Acquired

The rights in a mark shall be acquired through registration

Marks Which Cannot Be Registered

1. Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;

2. 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;

3. 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 widow

4. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of:

   • The same goods or services, or

   • Closely related goods or services, or

   • If it nearly resembles such a mark as to be likely to deceive or cause confusion;

5. 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 peron 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 knwoledge of the relevant sector of the public, rather than of the public at large, including knwoledge in the Philippines which has been obtained as a result of the promotion of the mark;

6. Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known 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 goods or services, and the owner of the registered mark: Provided further, That the interests of the owner of the registered mark are likely to be damaged by such use;

7. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;

8. Consists exclusively of signs that are generic for the goods or services that they seek to identify;

9. Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice;

10. Consists exclusively of signs or of 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;

11. Consists of shapes that may be nexessitated by technical factors or by the natire of the goods themselves or factors that affect their intrinsic value;

12. Consists of color alone, unless defined by a given form; or

13. Is contrary to public order or morality

Colorable Imitation

It denotes such a close or ingenious imitation as to be calculated to deceive ordinary persons, or such a resemblance to the original as to deceive an ordinary purchaser, giving such attention as aa purchaser usually gives, and to cause him to purchase the one supposing it to be the other

Kinds of Terms

• Generic terms

• Descriptive terms

• Suggestive terms

Generic terms

are those which constitute

• “the common descriptive name of an article or substance,”

• or comprise the “genus of which the particular product is a specied,”

• or are “commonly used as the name or description of a kind of goods,”

• or “imply reference to every member of a genus and the exclusion of individuting characters,”

• or “refer to the basic nature of the wares or services provided rather than to the more idiosynatruc characteristics of a particular product,”

• and are not legally protectable

Descriptive terms

• it “forthwith conveys the characteristics, functions, qualities or ingredients of a product to one who has never seen it and does not know what it is,”

• or “if it forwith conveys an immediate idea of the ingredients, qualities or characteristics of the goods,”

• or if it clearly denotes what goods or services are provided in such a way that the consumer does not have to exercise powers of perception or imagination, and therefore invalid as a trademark

Suggestive terms

• are those which, in the phraseology of one court, require “imagination, thought and perception to reach a conclusion as to the nature of the goods.”

• Such terms, “which subtly connote something about the product,” are eligible for protection in the absence of secondary meaning.

• While suggestive marks are capable of shedding “some light” upon certain characteristics of the goods or services in dispute, they nevertheless involve “an element of incongruity,” “figurativeness,” or “imaginative effort on the part of the observer.”

Doctrine of Secondary meaning

a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclsuively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrase has come to mean the article was his produce

Certificates of Registration

This certificate of a mark shall be prima facie evidence of:

1. The validity of the registration,

2. The registrant’s ownership of the mark, and

3. The registrant’s exclusive right to use the same in connection with the goods or services and those that are related thereto specified in the ceritificate

Priority Claim

is a local application of a trademark when an earlier (“priority application”) is filed abroad

1. Filed within 6 months from filing of priority application

2. Certified copy of priority application within 3 months from filing date

3. Failure to file is treated as a waiver of priority claim

Duration of Protection and Rights

The rights to a trademark shall be 10 years from registration

Renewal

The rights to a trademark in a certificate of registration may be renewed for periods of 10 years at its expiration upon payment of the prescribed fee and upon filing a request at any time within 6 months before expiration or within 6 months after such exploration upon payment of an additional fee

Declaration of Actual Use

It shall be filed:

1. Within 3 years from filing date of application; Extendible for another 6 months; Otherwise, it shall be deemed an abandonment of the application

2. AND another DAU within 1 year from the 5th anniversary of the registration of the mark; Otherwise, the mark shall be removed from the Register by the Office

3. AND within 2 year from date of renewal of the trademark registration

Effect of non-compliance

Otherwise, the application will be deemed abandones or the registration cancelled

Rights Conferred

• The owner of a registered mark shall have the exclusibe right to prevent all third parties not having the owner’s 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.

• In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed

Rights of an owner of a well-known mark

• Theory of Dilution

• The exclusive right of the owner of a well-known mark which is registered in the Philippines, shall extend to goods and services which are not similar to those in respect of which the mark is registered

Requisites to extend rights of a the well-known mark to unsimilar goods and services

1. That use of that mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered mark; and

2. That the interests of the owner of the registered mark are likely to be damaged by such use

Not included in the rights

Registration of the mark shall not confer on the registered owner the right to preclude 3rd parties from using bona fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind, quality, quantity, destination, value, place of origin, or time of production or of supply, of their goods or services: Provided, That such use is confined to the purposes of mere identification or information and cannot mislead the public as to the source of the goods or services

Assignment and Transfer

• It shall be recorded at the Office on payment of the prescribed fee; assignment and transfers of applications for registration shall, on payment of the same fee, be provisionally recorded, and the mark, when registered, shall be in the name of the assignee or transferee

• it shall have no effect against 3rd parties until they are recorded at the Office

Cancellation of Registration

A petition to cancel a registration of a mark under this act may be filed with the Bureau of legal Affairs by any person who believes that he is or will be damaged by the registration of a mark

Period for Cancellation of Registration

Within 5 years from the date of the registration of the mark under this Act

Exceptions for Cancellation of Registration

1. At any time, if the registered owner of the mark without legitimate reason fails to use the mark within the Philippines, or to cause it to be used in the Philippines by virtue of a license during an uninterrupted period of 3 years or longer

2. At any time, if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of this Act, or if the registered mark is being used by, or with the perimission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used

3. In any action to enforce the rights to a registered mark - Notwithstanding th foregoing provisions, the court or the administrative agency vested with jurisdiction to hear and adjudicate any action to enforce the rights to a registered mark shall likewise exercise jurisdiction to determine whether the registration of said mark may be cancelled in accordance with this Act,

Trademark infringement

Any person who shall, without the consent of the owner of the registered mark:

1. use in commerce any reproduction, counterfeit, copu, or colorable imitation of a registered mark or the same container or a dominant feautre thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other prepatory 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 applu 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 mistake, or to deceive, shall be liable in a civil action for infringement by the registrant, regardless of whether there is actual sale of goods or

Tests to determine infringement

1. Holistic or Totality Test

2. Doominancy Test

Holistic or Totality Test

considers the entirety of the marks in question

Dominancy Test

• focus is on prevalent or dominant features.

• Confusing similarity is to be determined not only on the visual but lso on the aural and connotative comparisons and overall impressions between the two trademarks

Remedies for Trademark Owner

1. Recover damages

2. Seek injunction

3. Seek the destruction of infringing materials without comepensation of any sort or disposed outside of commerce in such a manner as to avoid any harm caused to the right holder

Recover damages

• which shall be based on the reasonable profit which the complaining party would have made, had the defendant not infringed his rights, or the profit which the defendant actually made out of the infringement, or in the event such measure of damages cannot be readily ascertained with reasonable certainty

• Then the court may award as damages a reasonable percentage based upon the amount of gross sales of the defendant or the value of the services in connection with which the mark or trade name was used in the infringement of the rights of the complaning party

• In cases where actual intent to mislead the public or to defraud the complainant is shown, in the discretion

Prior User in Good Faith

A registered mark shall have no effect against any person who, in good faith, before the filing date or the priority date, was using the mark for the purposes of his business or enterprise: Provided, That his right may only be transferred or assigned together with his enterprise or business or with that part of his enterprise or business in which the mark is used

Unfair Competition

The following shall be deemed guilty of unfair competition:

1. Any person, who in selling his goods shall give them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, or in any feature of their appearance, which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or any subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose;

2. Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the services of another who has identified such servuces in the mind of the public; or

3. Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature calculated to discredit the goods, business or services of another.

Penalty for Trademark

• Imprisonment: 2 to 5 years

• Fine: 50,000 to 200,000

Trademark Infringement

• Registration of the mark is a pre-requisite

• No fraudulent intent is required

• Likelihood of confusion

Unfair Competition

• No registration necessary

• Fraudulent intent is necessary

• Sale is required

• Passing-off element

Unfair Competition

• is broader than trademark infringement and includes passing off goods with or without trademark infringement

Trademark Infringement

• is a form of unfair competition

• There can be trademark infringement without unfair competition as when the infringer discloses on the labels containing the mark that he manufactures the goods, thus preventing the public from being deceived that the goods originate from the trademark owner

• In this case, no issue of confusion arises because the same manufactured products are sold; only the ownership of the trademarks is at issue

Copyright

• is the right of literary property as recognized and sanctioned by positive law

• An intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a specific period, with the sole and exlclusive privilege of multiplying copies of the same and publishing and selling them

Owner of a work

In the Philippines, they are granted exclusive economic and moral rights of a work subject of a copyright

Author

is the natural person who has created the work

Collective work

is a work which has been created by 2 or more natural persons aat the initiative and udner the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified

Communication to the public

• also known as “communicate to the public”

• means any communication to the public, including broadcasting, rebroadcasting, retransmitting by cable, broadcasting and retransmitting by satellit, and includes the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them

Public lending

is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public library or archive

Published works

means works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work

Original Works

Literary and artistic works, hereinafter referred to as protected from the moment of their creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

1. Books, pamphlets, articles and other writings;

2. Periodicals and newspapers;

3. Lectures, sermons, addresses, dissertations prepared for oral delivery whether or not reduced in writing or other material form;

4. Letters;

5. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;

6. Musical compositions, with or without words.;

7. Works of drawing, painting, architecture, sculpture, engraving lithography or other works of art; models or designs for works of art;

8. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;

9. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;

10. Drawings or plastic works of a scientific or technical character;

11. Photographic works including works produced by a process analogous to photography; lantern slides;

12. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;

13. Pictorial illustrations and advertisements;

14. Computer programs; and

15. Other literary, scholarly, scientific and artistic works

Protection Commences

from the moment of creation, irrespective of the mode or form expression, as well as the content, quality or purpose

Derivative Works

The following are derivative works which shall also be protected by copyright:

1. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and

2. 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

The above shall be protected as a new works: provided however, that such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works

Right of Publisher

In addition to the right to publish granted by the author, his heirs or assigns, the publisher shall have a copy right consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work

Reproduction

is the making of 1 or more copies of a work or a sound recording in any manner or form

Works Not Protected

1. Any idea

2. Procedure

3. System method or operation

4. Concept

5. Principle

6. Discovery or

7. Mere data as such, even if they are expressed, explained, illustrated or embodied in a work

8. News of the day and other miscellaneous facts having the character of the mere items of press information; or

9. Any official text of a legislative, administrative or legal nature, as well as any official translation thereof

Works of the Government

is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as part of his regularly prescribed official duties

Works of the Government

• No copyright shall subsists in any work of the Government of the Philippines. 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

• No prior approval or conditions shall be required for the use of any purpose of:

  1. Statutes

  2. Rules and regulations, and

  3. Speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character

Author of speeches, lectures, sermons, addresses, and dissertations

shall have the exclusive right of making a collection of his works

Government

• is not precluded from receiving and holding copyrights transferred to it by assignment, bequest orotherwise;

• nor shall publication or republication by the government in a public document of any work in a public document of any work in which copy right is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owners

Economic Rights of an Authory

These shall consist of the exclusive right to carry out, authorize or prevent the following acts:

1. Reproduction of the work or substantial portion of the work;

2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work

3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership;

4. Rental of the original or a copy of an audiovisual or cinematpgraphic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n)

5. Public display of the original or a copy of the work;

6. Public performance of the work; and

7. Other communication to the public of the work

Ownership of Copyright (Original)

The Author of this work owns the copyright

Ownership of Copyright (Works of Joint authorship)

• The co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership

• If, however, the work consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created

Ownership of Copyright (Works during employment)

• The employee: if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities, and materials of the employer

• The employer: if the work is the result of the performance of his regularly assigned duties, unless there is an agreement, express or implied to the contrary

Ownership of Copyright (Commissioned work)

The person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary

Ownership of Copyright (Audiovisual work)

• The producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted

• However, subject to contrary or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or withour words, which are incorporated into the work

Ownership of Copyright (Letters)

The writer of the letter

Ownership of Copyright (Anonymous and Pseudonymous Works)

• Publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms

• Unless the contrary appears, or the pseudonyms or adopted name leaves no doubts as to the author’s identity, or if the author of the anonymous works discloses his identity

Transfer and Assignment of Copyright

• The copyright may be assigned in whole or in part inter vivos only if there is a written indication of such intention

• The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted

Rights of Assignee

Within the scope of the assignment or license, the assignee or licensee is entitled to all the rights and remedies which the assignor or licensor had with respect to the copyright

Right of owner to accounting

The copyright owner has the right to regular statement of accounts from the assignee or the licensee with regard to assigned or licensed work

Co-owned work

If 2 or more persons jointly own a copyright o any part thereof, neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners

Copyright and the Material Object

• The copyright is distinct from the property in the material object subject to it.

• Consequently, the transfer assignment or licensing of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer assignment or licensing of the copyright

Filing of Assignment of License

• An assignment or exclusive license may be filed in duplicate with the National Library upon payment of the prescribed fee for registration in books and records kept for the purpose

• Upon recording, a copy of the instrument shall be, returned to the sender with a notation of the fact of record.

• Notice of the record shall be published in the IPO Gazette

Designation of Society

• The owners of copyright and related rights or their heirs may designate a society of artists, writer, composers, and other right-holders to collectively manage their economic or moral rights on their behalf.

• For the said societies to enforce the rights on their members, they shall be first secure the necessary accreditation from the Intellectual Property Office

Limitations on Copyright

The following acts shall not constitute infringement of copyright:

1. The reproduction or distribution o,f published articles or materials in a specialized format exclusively for the use of the blind, visually and reading-impaired persons: Provided, that such copies and distribution shall be made on a non-profit basis and shall indicate the copyright owner and the date of the original publication

2. The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or sciety;

3. The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: provided, That the source and the name of the author, if appearing on the work, are mentioned;

4. The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided, That the source is clearly indicated;

5. The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose;

6. The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing in the work, are mentioned;

7. The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or edicational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast. Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work;

8. The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast;

9. The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use;

10. The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations;

11. Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, that either the work has been published, or, that original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title; and

12. Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner

The above shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder’s legitimate interest

Fair Use Of A Copyright Work

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for the classroom use, scholarship, researched, and similar purposes is not an infringement copyright

Factors to consider in determining whether the use made of a work is fair use

1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes;

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The effect of the use upon the potential market for or value of the copyrighted work; and

5. The effect of the use upon the potential market for or value of the copyrighted work

The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors

Work of Architecture

• Copyright in this work shall 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 form 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 the copyright relates

Reproduction of a single copy

The private reproduction of a published work in a single copy shall be permitted, without the authorization of the owner of copyright in the work. where:

• The reproduction is made by a natural person

• Exclusively for research and private study

The permission granted shall not extend to the reproduction of

• A work of architecture in form of building or other construction;

• An entire book, or a substantial past thereof, or of a musical work in which graphics form by reprographic means;

• A compilation of data and other materials;

• Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author;

• A computer program*;

*Exception: the reproduction in one (1) back-up copy or adaptation by the lawful owner of that computer program: Provided, That the copy or adaptation is necessary for:

• The use of the computer program in conjunction with a computer for the purpose, and to the extent, for which the computer program has been obtained; and

• Archival purposes, and, for the replacement of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lose, destroyed or rendered unusable

Reproduction by Libraries

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:

• Where the work by reason of its fragile character or rarity cannot be lent to user in its original form;

• Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them; when this is considered expedient, to person requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them; and

• Where the making of such limited copies is in order to preserve and if necessary, in the event that is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or achieve, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher

It shall not be permissible to produce a volume of a work published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the volume, tome or part is out of stock; provided, That every library which, by law, is entitled to receive copies of a printed work, shall be entitled, when special reasons so require, to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock

Moral Rights

The author of a work shall, independently of the economic rights or the grant of an assignment or license with respect to such right, have the right:

1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work;

2. To make any alterations of his work prior to, or to withhold it from publication;

3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation; and

4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work

Waiver of Moral Rights

An author may waive his rights mentioned above by a written instrument, but no such waiver shall be valus where its effects is to permit another:

1. To use the name of the author, or the title of his work, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his work which, becayse of alterations therein, would substantially tend to injure the literary or artistic reputation of another author; or

2. To use the name of the author with respect to a work he did not create

Contribution to a collective work

When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it

Term of Moral Rights

• The moral rights of the author shall last during the lifetime of the author for 50 years after his death and shall not be assignable or subject to license except the right of attribution which shall be in perpetuity

• The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library

Rights to Proceeds in Subsequent Transfers

• In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of 5%. This right shall exist during the lifetime of the author and for 50 years after his death

• The above shall not apply to prints, etchings, engravings, works of applied art, or works of similar kind wherein the author primarily derives gain from the proceeds of reporductions

Terms of Protection (General)

• During the life of the author and for 50 years after his death

• This will likewise apply to posthumous work

Terms of Protection (Joint Authorship)

• The economic rights shall be protected during the life of the last surviving author and for 50 years after his death

Terms of Protection (Anonymous or Pseudonymous works)

• 50 years from the date on which the work was first lawfully publisged: Provided, That where, before the expiration of the said period, the author’s identity is revealed or is no longer in doubt, the general terms of protection shall apply, as the case may be: Provided, further, That such works if not published before shall be proetcted for 50 years counted from the making of the work

Terms of Protection (Works of applied art)

• The protection shall be for a period of 25 years from the date of making

Terms of Protection (Photographic works)

• The protection shall be for 50 years from publication of the work and, if unpublished, 50 years from the making

Terms of Protection (Audio visual works including those produced by process analogous to photography or any process for making audio-visual recordings)

• 50 years from date of publication and, if unpublished, fron the date of making

Terms of Protection (Performers and producers of sound recordings)

• For performers not incorporated in recordings, 50 yeats from the end of the year in which the performance took place; and

• For sound or image and sound recordings and for performances incorporated therein, 50 years from the end of the year in which the recording took place

Terms of Protection (In case of broadcasts)

• 20 years from the date the broadcast took place

• The extended term shall be applied only to old works with subsisting protection under the prior law

Calculation of Term

The term of protection subsequent to the death of the author shall run from the date of his death or of publication, but such terms shall always be deemed to begin on the 1st day of Janiary of the year following the event which gave rise to them

Copyright Infringement

A person infringes a right protected when one:

1. Directly commits an infringement;

2. Benefits of the infringing activity of another person who commits an infringement of the person benefiting has been giving notice of the infringing activity and has the right and ability to control the activities of the other person;

3. With knowledge of infringing activity induces, cause or materially contributed to the infringing conduct of another

Patent

is a grant issued by the government to an inventor, designer or maker, the right to exclude others from making, using or selling his invention, design or utility model within the country for a specific term, in exchange of his patentable disclosure

Utility Model

• It is a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application

• It may be any useful machine, implement, tools, product, composition, process, improvement or part of the same, That is of practical utility, novelty and industrial applicability

• It is entitled 7 years of protection from the date of filing, with no possibility of renewal

Industrial Design

• It is any composition of lines or colors or any 3-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives gives a special appearance to and can serve as pattern for an industrial product or handicraft

• It shall be valid for 5 years from the filing date of the application

• It may be renewed for not more than 2 consecutive periods of 5 years each, by paying the renewal fee

Kinds of Patents

1. Invention Patent

2. Design Patent

3. Utility Model