J.

Intellectual Property Law (excluding Implementing Rules and Regulations) (2) Compulsory

j. Assignment and transmission of rights

1. Intellectual Property Rights in general 3. Trademarks

a. Intellectual property rights a. Definitions of marks, collective marks, trade names

b. Differences between copyrights, trademarks and patent b. Acquisition of ownership of mark

c. Technology transfer arrangements c. Acquisition of ownership of trade name

2. Patents d. Non-registrable marks

a. Patentable inventions e. Prior use of mark as a requirement

b. Non-patentable inventions f. Tests to determine confusing similarity between marks

c. Ownership of a patent (1) Dominancy test

(1) Right to a patent (2) Holistic test

(2) First-to-file rule g. Well-known marks

(3) Inventions created pursuant to a Commission h. Rights conferred by registration

(4) Right of priority i. Use by third parties of names, etc. similar to registered
mark
d. Grounds for cancellation of a patent
j. Infringement and remedies
e. Remedy of the true and actual inventor
(1) Trademark infringement
f. Rights conferred by a patent
(2) Damages
g. Limitations of patent rights
(3) Requirement of Notice
(1) Prior user
k. Unfair competition
(2) Use by the government
l. Trade names or business names
h. Patent infringement
m. Collective marks
(1) Tests in patent infringement
n. Criminal penalties for infringement, unfair competition, false
(a) Literal infringement designation of origin, and false description or
misrepresentation

(b) Doctrine of equivalents

4. Copyrights

(2) Civil and criminal action

a. Basic principles, Secs. 172.2, 175, and 181

(3) Prescriptive period

b. Copyrightable works

(4) Defenses in action for infringement

(1) Original works

i. Licensing
(2) Derivative works

(1) Voluntary
c. Non-copyrightable works
 d. Rights of copyright owner d. Exceptions

e. Rules on ownership of copyright e. Garnishment of deposits, including foreign deposits

f. Limitations on copyright f. Penalties for violation

(1) Doctrine of fair use 3. General Banking Act (RA 8791)

(2) Copyright infringement a. Definition and classification of banks

(a) Remedies b. Distinction of banks from quasi-banks and trust entities

(b) Criminal penalties c. Bank powers and liabilities

(1) Corporate powers

(2) Banking and incidental powers

d. Diligence required of banks - relevant jurisprudence

e. Nature of bank funds and bank deposits

f. Stipulation on interests
I. Banking Laws

g. Grant of loans and security requirements

1. The New Central Bank Act (RA 7653)

(1) Ratio of net worth to total risk assets

a. State policies

(2) Single borrowers limit

b. Creation of the Bangko Sentral ng Pilipinas (BSP)

(3) Restrictions on bank exposure to DOSRI

c. Responsibility and primary objective
(directors, officers, stockholders and their related
interests)
d. Monetary Board - Powers and functions
h. Penalties for violations
e. How the BSP handles banks in distress
(1) Fine, imprisonment
(1) Conservatorship
(2) Suspension or removal of director or officer
(2) Closure
(3) Dissolution of bank
(3) Receivership
4. Philippine Deposit Insurance Corporation Act
(4) Liquidation
a. Basic policy
f. How the BSP handles exchange crisis
b. Concept of insured deposits
(1) Legal tender power
c. Liability to depositors
(2) Rate of exchange
(1) Deposit liabilities required to be insured with
2. Law on Secrecy of Bank Deposits (RA 1405, as amended) PDIC

a. Purpose (2) Commencement of liability

b. Prohibited acts (3) Deposit accounts not entitled to payment

c. Deposits covered (4) Extent of liability

 (5) Determination of insured deposits
(6) Calculation of liability
(a) Per depositor, per capacity rule
(b) Joint accounts
(c) Mode of payment
(d) Effect of payment of insured
deposit
(e) Payments of insured deposits as
preferred credit under Art. 2244, Civil
Code
(f) Failure to settle claim of insured
depositor
(g) Failure of depositor to claim
insured deposits
i. Examination of banks
and deposit accounts
ii. Prohibition against
splitting of deposits
iii.Prohibition against
issuances of TROs, etc.
INTELLECTUAL PROPERTY LAW
State policy declaration:
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. It
shall protect and secure the exclusive rights of
scientists, inventors, artists and other gifted
citizens to their intellectual property and
creations, particularly when beneficial to the
people, for such periods as provided in this Act.
The use of intellectual property bears a social
function. To this end, the State shall promote
the diffusion of knowledge and information for
the promotion of national development and
progress and the common good.
It is also the policy of the State to streamline
administrative procedures of registering
patents, trademarks and copyright, to liberalize
the registration on the transfer of technology,
and to enhance the enforcement of intellectual
property rights in the Philippines.
Effect on international conventions and on
principle of reciprocity:
Any person who is a national or who is
domiciled or has a real and effective industrial
establishment in a country which 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 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
right is otherwise entitled by this Act.
Laws repealed:
Republic Act No. 8293 repealed all Acts and
parts of Acts inconsistent therewith, more
particularly:
1. Republic Act No. 165, as amended [An
Act Creating a Patent Office, Prescribing its
Powers and Duties, Regulating the Issuance of
Patents, and Appropriating Funds Therefor];
2. Republic Act No. 166, as amended[An
Act to Provide for the Registration and
Protection of Trademarks, Trade-Names, and
Service-Marks, Defining Unfair Competition and
False Marking and Providing Remedies Against
the Same, and for Other Purposes].
3. Presidential Decree No. 49 [Decree on
the Protection of Intellectual Property];
4. Presidential Decree No. 285, as
amended [Decree on the Protection of
Intellectual Property];
5. Articles 188 and 189 of the Revised
Penal Code of the Philippines.
Parts of the law:
The Intellectual Property Code of the
Philippines is divided into five [5] parts, to wit:
 PART I - The Intellectual Property
Office
PART II - The Law on Patents
PART III - The Law on Trademarks,
Service Marks and Trade Names
PART IV - The Law on Copyright
PART V - Final Provisions
Intellectual property rights under the I. P.
Code:
The intellectual property rights under the
Intellectual Property Code are as follows:
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs [topographies] of
integrated circuits; and
7. Protection of undisclosed information.
Government Agencies:
The agency of the government in charge of the
implementation of the Intellectual Property
Code is the Intellectual Property Office which
replaced the Bureau of Patents, Trademarks
and Technology Transfer. It is divided into six
[6] Bureaus, namely:
[1] Bureau of Patents;
[2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
[4] Documentation, Information and
Technology Transfer Bureau;
[5] Management Information System and
EDP Bureau; and
[6] Administrative, Financial and
Personnel Services Bureau.
Functions of the Intellectual Property Office:
The Intellectual Property Office is mandated
under the law to:
1. Examine applications for the grant of
letters patent for inventions and register utility
models and industrial designs;
. repetition of infringement are: PhP10,000
2. Examine applications for the
registration of marks, geographic indication
and integrated circuits;
. PhP300,000 and/or 6 months to 3 years of
3. Register technology transfer
arrangements and settle disputes involving
technology transfer payments covered by the
provisions of Part II, Chapter IX on Voluntary
Licensing and develop and implement
strategies to promote and facilitate technology
transfer;
. under the old law [R. A. No. 166] and the
4. Promote the use of patent information
as a tool for technology development;
.
5. Publish regularly in its own publication
the patents, marks, utility models and
industrial designs, issued and approved, and
the technology transfer arrangements
registered;
.
6. Administratively adjudicate contested
proceedings affecting intellectual property
rights;
and
.
7. Coordinate with other government
agencies and the private sector efforts to
formulate and implement plans and policies to
strengthen the protection of intellectual
property rights in the country.
Significant features of the law:
1. A shift was made from the "first-to-
invent system" under R. A. 165 [old law] to
"first-to-file system" under the new law.
2. In the case of inventions, the period of
the grant was increased from 17 years from
grant under the old law to 20 years from date
of filing under the new law.
3. In the case of utility models, the
previous grant of 5 years plus renewals of 5
years each under the old law was changed to 7
years without renewal under the new law.
4. In the case of industrial designs, the
previous grant of 5 years plus renewals of 5
years each was maintained.
5. Under the old law, there was no
opposition proceedings and the examination is
mandatory; under the new law, the
examination is made only upon request
[possibly with or without examination].
6. Under the old law, publication is made
after the grant; under the new law, publication
is effected after 18 months from filing date or
priority date.
7. Under the old law, the penalties for
and/or 5 years of imprisonment and the offense
prescribes in 2 years; under the present law,
the penalties range from PhP100,000 to
imprisonment and the offense prescribes in 3
years.
Significant changes in the trademark law:
The significant changes in the trademark law
present law are as follows:
 1. Under the former, the element of use National Library and the Supreme Court library, within
before filing a local application is a requirement three (3) weeks, be registered and deposited with it, by
although this is not required when the personal delivery or by registered mail, two (2)
application is based on foreign registration; complete copies or reproductions of the work in such
while under the latter, the element of use has form as the directors of said libraries may prescribe.
been eliminated as a requirement for
application. The scheme of penalties for infringement has also been
changed. From the previous fine of Php200 to
2. Under the former, the term granted is Php2,000 and/or imprisonment of 1 year, the current
20 years renewable for 20-year periods; while range of penalties are as follows:
under the latter, the term is for 10 years,
renewable for 10-year periods.
For first offenders - fine of PhP50,000 to PhP150,000
3. Under the former, the affidavit of use or and/or imprisonment of 1 to 3 years
non-use is required on the 5th, 10th and 15th
anniversaries; while under the latter, proof of
For second offenders - fine of PhP150,000 to
use within 3 years from the filing of the
application is required and the affidavit of use PhP500,000 and/or imprisonment of 3 to 6
should be filed within 1 year from the 5th years
anniversary.
For third and subsequent offenders - fine of
4. Under the former, a Supplemental PhP500,000 to PhP1.5 Million and/or
Register is required to be maintained; while imprisonment of 6 to 9 years.
under the latter, it is no longer required.
In case of insolvency, the offender shall
5. Under the former law, penalties for furthermore suffer subsidiary imprisonment.
infringement, unfair competition, false
designation of origin and false description or
representation range from fine of PhP500 to
PhP2,000 and/or 6 months to 3 years and 4
months of imprisonment; while under the latter
law, the penalties range from fine of PhP50,000
to PhP200,000 and/or 2 to 5 years of
imprisonment.

Significant changes in the copyright law:

It is now required that after the first public

dissemination of performance by authority of the
copyright owner of certain specified work, there shall,
for the purpose of completing the records of the