PROFESSIONAL PRACTICE 3: CIVIL CODE AND INTELLECTUAL PROPERTY OF THE PHILIPPINES

RA 386 PHILIPPINE CIVIL CODE

is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations.

The Philippine Civil Code

provides the legal status, legal standards for the conduct of individuals, legal persons, other subjects; the rights and obligations of subjects regarding personal identities and property in civil, marriage and family, business, trade, labor relations (hereinafter referred collectively to as civil relations).

4 CIVIL CODE BOOKS

• BOOK I: PERSONS AND FAMILY RELATIONS

• BOOK II: PROPERTY AND PROPERTY RIGHTS

• BOOK III: OWNERSHIP

• BOOK IV: OBLIGATIONS AND CONTRACTS

Human Rights acc. to United Nations

“human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status.”

Fundamentals of Human Right

• inherited (natural)

• universal (all of humanity)

• inalienable (cannot be taken forcefully)

• indivisible (cannot be given away)

• interdependent (cannot be compartmentalized)

ARTICLE 32 OF CIVIL CODE: The 3 Archetypes of Human Rights

forms the base that cover categorically civil and political rights ; economic, social, and cultural rights ; and collective rights

THE 19 BASIC FILIPINO RIGHTS

1. Freedom of Religion

2. Freedom of Speech

3. Freedom of Press

4. Freedom from Arbitrary or Illegal Detention

5. Freedom of Suffrage

6. Right Against Deprivation of Property w/o Due Process

7. Right to Just Compensation when Private Property is Appropriated for Public Use

8. Right to Equal Protection of the Laws

9. Right to Be Secured in One’s Domicile, Including Papers and Effects Against Unreasonable Searches or Seizures

10. The Liberty of Abode and of Changing Address

11. Privacy of Communication and Correspondence

12. Right to Become a Member of Associations or Societies Not Contrary to Law

13. Right of Peaceable Assembly to Petition the Government or Related Groups for Redress of Greivances

14. Right to be Free of Involuntary Servitude

15. Right of the Accused Against Excessive Bail

16. Right of the Accused to Have Their Case Hear and Counsel

17. Freedom Being Compelled to Be A Witness Against One’s Self - Of Confessing Guilt Whether Under Entrapment or Otherwise

18. Freedom from Excessive Fines or Cruel and Unusual Punishment Unless Imposed Under A Legal Statute

19. Freedom of Access to the Courts

RA 386: ART 1723

states that the engineer or architect is liable for damages if the building collapses within fifteen years due to defects and failures in the plans, specifications, or the ground. The contractor is also responsible for defects in construction, materials, or contract violations, barring Acts of God*.

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

RA 8293/10372 ; RA 165 ; RA 166 ; PD 49

R.A. 8293 PHILIPPINE LAWS ON INTELLECTUAL PROPERTY

covering intellectual property, wherein it is an Act prescribing the Intellectual Property Code and establishing the Intellectual Property Office, providing for its powers and functions, and for other purposes.

R.A. 165 PATENT LAW

An Act creating a patent office, prescribing its powers and duties, regulating the issuance of patents, and appropriating funds.

R.A. 166 TRADEMARK LAW

An Act to provide for the registration and protection of trade-marks, trade-names, and service marks, defining unfair competition and false marking and providing remedies against the same, andfor other purposes.

R.A. 10372 IP AMENDMENT LAW 2013

Act Amending Certain Provisions of RA. 8293, otherwise known as the ‘Intellectual Property Code of the Philippines’, and for other purposes (especially trademarks).

P.D. 49 PROTECTION OF INTELLECTUAL PROPERTY

The Decree on Intellectual Property in the Philippines grants rights and protection to various classes of original scientific and artistic works.

RA 8293: ART. 4.1

term of intellectual property rights:

1. Copyright and Related Rights

2. Trademarks and Service Marks

3. Geographic Indications

4. Industrial Designs

5. Patents

6. Layout-Designs of Integrated Circuits

7. Protection of Undisclosed Information

RA 8293: ART. 4.2

technology transfer arrangements: contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product

RA 8293: ART. 178.1

Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;

RA 8293: ART. 178.2

In the case of works of joint authorship, the coauthors 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, a work of joint authorship 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

RA 8293: ART. 178.3

In the case of work created by an author during and in the course of his employment, the copyright shall belong to:

1. THE EMPLOYEE - if the creation of the object of copyright is not part of his regular duties even if the employee uses the time, facilities, and materials of the employer.

2. THE EMPLOYER - if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, expressed or implied, to the contrary.

RA 8293: ART. 178.4

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

Trademarks

is any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods, and legally owned by a natural or juridical person who is using or intends to use in commerce a mark in connection with goods and/or services.

Proving Trademark Violation Considerations:

1. The building is distinctive

2. It represents a brand

3. The use of the trademarked building was non-editorial

4. The building was used to endorse similar goods or services