Intellectual Property Code Classes The Intellectual Property Code splits works that may be copyrighted into 17 clas

s ses, listed from A to Q. While all the classes listed are specifically for copyr ighted material, trademarks and other forms of intellectual property, depending on what it is, are covered as well. Patents do not have a category. A: Literature (books, pamphlets, etc.) B: Periodicals (newspapers, tabloids, magazines, etc.) C: Public speeches and other public speaking works (speeches, lectures, sermons, etc.) D: Letters E: Television or movie scripts, choreography, and entertainment in shows F: Musical works (lyrics, songs, song arrangements, etc.) G: Art products (drawings, paintings. sculptures, etc.) H: Ornamental designs and other forms of applied art (not necessarily industrial designs) I: Geographical, topographical, architectural, and scientific works (maps, chart s, plans, etc.) J: Scientific and technical drawings K: Photographs and cinematographic works made in a process similar to photograph y L: Audio-visual works and cinematographic works made in a process similar to mak ing audio-visual works M: Pictures used in advertising (includes logos) N: Computer programs O: Other works not covered in classes A-N of a literary, scholarly, scientific, or artistic nature P: Sound recordings Q: Broadcasts Duration of copyright The Intellectual Property Code sets the following for the duration of copyright protection of different works in the Philippines: Literary works (classes A, B, C, D, E, F, G, I, J, M, N, and O): lifetime of the author and for 50 years after his/her death. Applied art (class H) : twenty-five years from the date of creation. Photographs (class K): fifty years from publication (published) or from creation (unpublished). Audio-visual works (class L): fifty years from publication (published) or from t he date of creation (unpublished). Sound recordings (class P): fifty years from December 31of the year which the re cording took place. Broadcast recordings (class Q): twenty years from the date the broadcast took pl ace. Copyrights generally last 25 years for corporate works, which include product de signs and logos. The Intellectual Property Code also protects pending copyrights by providing aut omatic copyrights, a move similar to automatic copyright provisions in United St ates copyright law, as stated in the code since provisions in the code provide f

or automatic copyright once the work has been made. Ownership of copyright Philippine copyright law expressly gives copyright ownership to the copyright ho lder. Since Philippine law permits automatic copyright, a copyright notice is n ot needed. However, it is recommended that published works bear this notice: Philippine Copyright (the year of copyright) by (copyright holder).

Legal action on copyright problems The Intellectual Property Code gives the power of mediating copyright problems ( before, during, and after the copyright application process) to a bureau of the Intellectual Property Office known as the Bureau of Legal Affairs, as covered by Section 10 of the code. This body is empowered with the following functions: Hear objections on items being applied for copyright Address copyright violations where damages are no less than 200,000 pesos

Government copyright Government copyright under Philippine copyright law is established in Section 17 6 and its subsections. Under the section, all official Philippine texts of a "le gislative, administrative, or judicial nature" or any official translation of th ose kinds of texts may not be copyrighted and are in the public domain. Aside fr om government documents, no work of the Philippine government, as well as the wo rks of government-owned and/or controlled corporations, can be copyrighted (imag es, documents, and the like). However, prior approval is needed if a government work will be used for making a profit (most notably the Philippine constitution. There are exceptions to the rule: the author of any public speaking works may ha ve the works compiled, published, and copyrighted, and the government is permitt ed to receive and hold copyrights it received as a gift or assigned. However, su ch copyrights may not be shortened or annulled without prior consent of the copy right holder. Composite copyright There are no provisions in Philippine copyright law on the issue of composite co pyrights. However, composite copyrights are permitted usually in the form of spl it copyrights, where each part of a work is copyrighted (works best for audio-vi sual works, sound recordings, and cinematographic works). Fair use Section 185 of the Intellectual Property Code provides for fair use of copyrigh ted material (which is based largely or even entirely on the United States fair use doctrine) provided the copyrighted work will be evaluated based on the follo wing: The purpose of the usage of the copyrighted material to be classified as fair us e The nature of the copyrighted work The amount or portion of the copyrighted work being classified as fair use The effect(s) the copyrighted materials has or have on the potential market and the value the item has to enriching the item of which the copyrighted material i

s being classified as fair use Even if a copyrighted work is unpublished, it can qualify as fair use under Phil ippine copyright law. MORAL RIGHTS Moral rights, which can be exercised by any copyright holders (individuals, corp orations, etc.), are enshrined in Chapter 10 of the Intellectual Property Code. However, Section 193 of the code (which is also in Chapter 10), which also outli nes a copyright holder's moral rights, makes these rights independent of economi c rights outlined in Section 177 of the code. Under Philippine copyright law, moral rights are relatively expansive on the beh alf of the copyright holder, which are listed below: Attribution The right to be prominently displayed as the creator of the copyrighted material , in any form practical to the work The right to change or even withhold the work from circulation Integrity of ownership The right to object to any alteration detrimental to the name of the creator of the material The right to restraining the use of the creator's name in a work not of his maki ng Copyright holders are not allowed to be forced to create or publish his or her w orks already published, as that could be classified as a breach of contract. How ever, the copyright holder could also be held liable for breach of contract. The Intellectual Property Code also permits the waiver of moral rights in most c ases, but does not allow it if the following situations occur: If the creator's name will be used to damage the reputation of another person If the creator's name will be used to give credit to something he or she did not make Moral rights are automatically waived in collective works unless the copyright h olders expressly reserve their moral rights. Also, if no objections have been made during the time a copyright holder waives his or her moral rights or even if moral rights were waived unconditionally, wor ks altered or even destroyed would not constitute as a violation of moral rights . In the Philippines, the term of moral rights, unless they were waived, is the sa me as the term of copyright of a literary work (lifetime plus 50 years). Violati on of moral rights may also be contested as a violation of the Civil Code. Any d amages collected under the Civil Code shall be given to the copyright holder, or if the holder is already dead, be put in a trust account to be given to the cop yright holder's heirs. If the heirs defaulted, the damages go to the government.

GIVE THE FOLLOWING PENALTIES FOR COPYRIGHT VIOLATIONS: Issue cease and desist orders which have a fixed time where the copyright viola tor must stop violating the copyright being infringed Accept voluntary orders of compliance or discontinuance as ordered by the Direct or of Legal Affairs which must consist of the following: Assurance to comply with the intellectual property law violated Assurance to refrain from unlawful activity on the case being investigated Assurance to refund, replace, recall, or repair defective products Assurance to reimburse the complainant (usually the copyright holder) of all cha rges, fees, and payments related to the case Seizure of the products that have been subject to infringement Forfeiture of all paraphernalia and properties (whether real or personal) involv ed with the infringement Imposition of administrative of fines no less than 5,000 pesos but no more than 150,000 pesos. For every day of continued violation, a fine of 1,000 pesos is im posed. Cancellation of any document (permit, registration, etc.) attributed to the prod uct at the discretion of the Director of Legal Affairs Withholding of any document pending approval of the Bureau from the respondent ( the copyright violator) Assessment of damages Censorship of the product Other penalties in line with Executive Order 983 (1983) The power to implement this section INTELLECTUAL PROPERTY INTELLECTUAL CREATION Intellectual Creation is the product of mental labor embodied in writing or some other material form. By intellectual creation (note: it is one of the original modes of acquiring own ership), the ff. persons acquire ownership: (Art 721, NCC) 1. the author with regard to his literary, dramatic, historical, legal, philosop hical, scientific or other work; 2. the composer, as to his musical composition; 3. the painter, sculptor or other artist, with respect to the product of his art ; 4. the scientist or technologist or any other person with regard to his discover y or invention.

Nature of Ownership

Ownership before publication--exclusive Ownership after publication--no more exclusive right except when work is registe red before the IPO for a given period 4blue 95 Note: Mere circulation among close friends and associates however, is n ot considered as publication.

Laws governing intellectual creation: 1. 2. 3. 4. 5. Spanish law on Intellectual property of 1879; US Copyright Law (1898-1924); Act 3134 Copyright Law (1924) Decree on the Protection of Intellectual Property Republic Act No. 8293 (Intellectual Property Code)

Treaties and Conventions 1. Berne Conventions (1951) 2. Protection of literary works (aka Brussels Act) Stockholm Act of 1967 3. Paris Act of 1971 4. Exchange Notes between RP and US, 1948 (based on the reciprocity provisions o f Act 3134) What is included in the term: Intellectual Property rights (Sec. 4, RA 8293) * * * * copyright and related rights trademarks and service marks geographic indications Industrial Designs

(any combination of lines or colors or nay three-dimensional form, whether or no t associated with lines or colors and gives a special appearance to and can serv e as pattern for an industrial product or handicraft * Patents * Layout designs (topographies0 of Integrated Circuits * Protection of Undisclosed information DIFFERENT BUREAUS The IPO is headed by a director general There are 6 Bureaus, each headed by a director: 1.Bureau of Patents: (Functions: search and examination of patent application an d the grant of patents. 2.Bureau of trademarks: (Functions: search and examination of applications for t he registration of marks of ownership and the issuance of the certificate of reg istration) 3.Bureau of ication for al designs, urisdiction legal Affairs: (Functions: a. hear and decide opposition to the appl registration of marks, cancellation of trademarks, patents, industri petitions for compulsory licensing of patents b. exercise original j in adm. Complaints for violation of laws involving intellectual prop

erty rights, provided that its jurisdiction is limited to complaints where the t otal damages claimed are less the P200,000.00 Provided further, that availment o f the provisional remedies may be granted in accordance with the Rules of Court. 4.Documentation, Information and Technology Transfer Bureau: (Functions: Provide technical, advisory and other services relating to the licensing and promotion of technology and carry out an efficient and effective program. 5.The Management Information Services and EDP Buruea. Conduct automation plannin g, research, and development, testing and maintenance of systems, user consultat ion, and provide management information support and service. 6.Administrative, Financial and Human resources Development Service Bureau Provi de services relative to procurement and allocation of supplies and equipment and comply with government regulatory requi rements in the areas of performances appraisal, compensation and benefits, emplo yment records and reports)

CONSTITUTIONAL PROVISION: Art XIV, Sec 10. Science and technology are essential for national development a nd progress. The State shall give priority to research and development, inventio n, innovation, and their utilization; and to science and technology education, t raning, and service. It shall support indigenous, appropriate and self-reliant s cientific and technological capabilities and their application to the country s pr oductive systems and national life. Sec. 13. The State shall protect and secure the exclusive rights of scientist, i nventors, artists, and other gifted citizens, to their intellectual property and creation particularly when beneficial to people. Sec. 14. The State shall foster the preservation, enrichment, and dynamic evolu tion of a Filipino national culture, based on the principle of unity in diversit y in a climate of artistic and intellectual expression. Sec. 15. Arts and letters shall enjoy the patronage of the State. The State shal l conserve, promote, and popularize the nation s historical and cultural heritage and resources, as well as artistic creations.

COPYRIGHT Nature of copyright * it is the exclusive right secured by law to an author or his assign to multipl y and dispose of copies of an intellectual or artistic creation. * It is an incorporeal right to print and publish, and exits independent of the corporeal property of which it arises. Note: the copyright is distinct from the property in the material or assignment of the copyright shall not itself constitute a transfer or assignment of the sol e copy or one of the several copies of the work imply transfer or assignment of the copyright. The objectives of copyrights are: 1. to encourage individuals to intellectual labor by assuring them of just rewar ds

2. to secure the society of the largest benefit of their product. Works not Protected: Concepts, theories, speculations, abstracts of ideas however original they maybe are no covered by the protection, because there is no monopoly of theories and speculations of an author. He may transform these theories of ideas into intelle ctual products as books, letters or any form of writing or illustration. These a re exclusively his. But once caused to be published, his exclusive right over th e same ceases, except when copyrighted. But the protection extends only in so fa r as the form, language or style of the production are concerned and not the the ories or the ideas themselves. So that when one copies the form, style and langu age, there is infringement. It should be a copy of the original but similarity a lone is not sufficient. What is important though is the copy is so near to the o riginal as to give to every person seeing it the idea created by the original.

What may be copyrighted: Sec. 2, PD 49, Sec. 172. RA 8293 A.literary and artistic works (original intellectual creation) books: periodicals/newspapers: lectures/dissertations; letters; dramatic and mus ical compositions, drawings, painting, ornamental designs, photographic works, m aps/plans/sketches; audiovisual/cinematographic works; pictorials/advertisement; computer programs. 4blue 95 Note: the foregoing are protected by the sole fact of their creation, i rrespective of their mode or form of expression, as well as of their content, qu ality and purpose

b. Derivative Works ( these are actually alterations of literary or artistic works) -dramatizations, translations, adaptations, abridgment, arrangement - collection of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordinatio n or arrangement of their contents. 4blue 95 Note: the foregoing are protected as new works provided that the new wo rk shall not: * affect the force of any subsisting copyright upon the original employed or any part thereof; * be construed to imply any right to such use of the original works; or * secure to extend copyright in such original works. Rights of a copyright owner: The exclusive right to carry out, authorize or prevent the following acts: -reproduction of the work or substantial portion of the work; - dramatization, translation, adaptation, abridgment, arrangement or other trans formation of the work; - the first public distribution of the original and each copy of the work by sal e or other forms of transfer of ownership; - rental of the original or a copy of the work; or cinematographic work; - public performance of the work; - make any other use or disposition of the copyrighted work.

Note: In addition to the right to publish granted by the author, the publisher shall h ave a copyright consisting merely of the right or reproduction of the typographi cal arrangement of the published edition of the work.

2006 mock bar: There is no infringement of copyright whenever a person s technical drawing (copyrighted) was constructed into a speed boat since latter was an inv ention subject of a patent. Specially so when the person who drew it did not a pply for patent of the speed boat invented based on his copyrighted technical dr awing .

4BLUE 95 notes: there is distinction between Copyright and Material Object or wo rk such that the transfer of the former shall not itself constitute a transfer o f the material object and vice versa. Ownership of commissioned work belongs to the person who commissioned an artist while the copyright thereto belong to the creator-artist unless there is writte n stipulation to the contrary. However, the person who commissioned owns the copyright and mural if the painter is an employee of the former and the work is the result of the performance of a regularly-assigned duties, unless there is an agreement to the contrary.

TRADEMARKS Mark any visible sign capable of distinguishing the good or services of an enter prise Collective mark any visible sign capable of distinguishing the origin or common characteristics including the quality of good or services of different enterpris e which use the sign under the control of the registered owner of the collective mark. Trademark a name to identify goods, the function of which is to point distinctiv ely either by its own meaning or association, to the origin or ownership of ware s to which it is applied (see: Ang vs. Teodoro 74 Phil 50)

Service Mark - the name or designation identifying of distinguishing the servi ce of an enterprise mark are acquired thru registration made in accordance with the IPC. The right to register a mark is based on ownership. Actual use in commerce or bu siness is a prerequisite to the acquisition of the right of ownership over a tra demark (Sterling Prod. Int l. v. Farbenfabriken Bayer 27 S 1214) Objective of the law in protecting marks: to give their registered owners the fu ll benefit accruing to them from the goodwill earned by them from the use of sai d registered mark. A trademark is an incorporeal property right and like and oth er right, it is to be protected from any illegal use by any person without the a uthority of its owner.

What cannot be registered: 1. immoral, deceptive or scandalous matter; or those contrary to pubic order of morality. 2. matter which may disparange or falsely suggest a connection with persons (liv ing or dead), institutions, beliefs, or national symbols or bring them into cont empt or disrepute. 3. flag, coat of arms or insigma of the Phils, or any of its political subdivisi on or any foreign nation or any simulation thereof. 4. marks identical with registered mark belonging to a different proprietor. 5. marks confusingly similar to or constituting a translation of a mark which is considered as well known internationally and in the Phil. Whether or not regist ered in the Phil. 6. marks which are likely to mislead the public as in the nature, quality, chara cteristics, geographical origin of goods or services. The name Wellington being either geographical or a surname cannot be registered, a nd hence one cannot prevent another from suing the same See: Heng & Dee v. Welli ngton Dep t. Store 1-10-53 7. Signs that are generic for the goods or services that they seek to identify. The form Vertene being descriptive of a whole genus of garden plants with fragrant flowers, the use of the term cannot be denied to other traders using verbena ex tract or oils in their won products, see: East Pacific v. Dir. 12-29-60 8. Signs or indications that have become customary or usual to designate the goo ds or services in everyday language or in bona fide and established trade practi ce. 9. color alone. Priority Right A person who previously applied for registration of the same mark in another cou ntry which be treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of the filing of the forei gn application. (But no registration of a mark in the Phil. Shall be granted unt il such mark has been registered in the country of origin of the applicant) The owner of registration granted under Sec. 131 (priority right) is not entitle d to use for acts committed prior to the date on which his mark registered in th e Phils.

Notwithstanding the foregoing, the owner of a well-known mark not registered in the Phil. May against an identical or confusingly similar mark: * * * * oppose its registration Petition for cancellation of its registration Sue for unfair competition To avail of other remedies provided under the law (i.e. injunction)

Certificate of Registration prima facie evidence of: * the validity of registration * registrant s ownership of the mark and * registrant s exclusive right to use the same in connection with the goods or ser vices specified in the certificate 4blue 95 Note: Ownership of a trademark is not acquired by the mere fact of regi stration alone. Registration does not perfect a trademark right. It merely creat es a presumption of ownership and evidence may be presented to overcome the pres umption. Prior use by one will controvert a claim of legal appropriation by subs equent users. (Unno Comm l v. Gen. Military Corp. 120 s 804) Duration: 10 years, renewable (10 years)

Rights Conferred: 1. Exclusive right to prevent al third parties from using identical or similar s igns or containers where such use would result in a likelihood of confusion. Presumption of likelihood of confusion use of identical sign of identical good o r services. 2. The right shall extend to good and services which are not similar to those in respect of which the mark is registered. Provided: - the use of that mark in relation to those goods or services would indicate a c onnection between those goods or services and the owner of the registered mark. - the interests of the owner of the registered mark are likely to be damaged by such use. 4blue 95 Note: registration does not confer on the owner the right the preclude third partied from using bona fide their names, addresses, pseudonyms, a geograp hical name, or exact destination, value, place or origin or time or production o r is confined to the purposes of mere identification or information and cannot m islead the public as to the source of the good or services. Infringement of trademark, how determined: Test of dominancy or similarity or identity * size or color not conclusive * duplication or imitation not necessary Essential: Likelihood of confusion and or deception on the part of the buying pu blic Co Tiong v. director 95 P 1

Lium Hoa v. director 100 P 217 Forbes v. Ang San To 40 P 272 Recero v. Embisan 2 S 598 Mead Johnson v. NVJ 2 S 768 Chuancho Soy v. Director 108 P 833 E. Spinner v. neuss Hesslein 54 P 224 Remedies: * injunction * Seizure and destruction of all necessary paraphernalia * Damages, consisting in: a. reasonable profit he complainant would have made had there been bo infringeme nt b. actual profit which the infringer made. Damages: Ang Sin Heng v. Wellington 92 P 448 Universal Rubber v. a 130 s 104 Ubeda v. Zialcita 13 P 11 Uy v. Santos 60 P 109 Compana Gen. V. alkhambra 30 P 503 Cancellation: * abandonment * when registration was secured thru fraud * when the use of registered name is used to misrepresent the source of the good * when the name has become a common descriptive name