1.

Copyrightable Works (Section 172)

Works eligible for copyright protection include:

· Books, articles, and other writings

· Dramatic or dramatic-musical compositions; choreographic works or entertainment in
dumb shows
· Musical compositions, with or without lyrics
· Works of drawing, painting, architecture, sculpture, engraving, lithography, or other
artistic works
· Audiovisual works and cinematographic works
· Illustrations, maps, plans, sketches, charts, and three-dimensional works relative to
geography, topography, architecture, or science
· Photographic works, including works produced by a process analogous to photography
· Computer programs
· Derivative works (translations, adaptations, arrangements, etc.) of original works,
provided they do not infringe the copyright of the original

2. Non-Copyrightable Works (Section 175)

The following cannot be copyrighted:

· Ideas, procedures, systems, methods of operation, concepts, principles, discoveries, or

mere data as such
· News of the day and other miscellaneous facts having the character of mere items of
press information
· Official texts of a legislative, administrative, or legal nature, as well as official
translations thereof (such as laws and court decisions)

3. Patentable Inventions
For an invention to be patentable, it must meet the following criteria:

· Novelty: It is new and not disclosed to the public before.

· Inventive Step: It is not obvious to a person skilled in the art.
· Industrial Applicability: It can be produced or used in any kind of industry.

Patentable inventions may include:

 · Products, such as machines, devices, articles of manufacture, or compositions of
matter
· Processes, such as a method of making a product or the way a product is used

4. Non-Patentable Inventions (Section 22)- [ DA-MAPS ]

The following cannot be patented:

· Discoveries, scientific theories, and mathematical methods

· Aesthetic creations
· Methods for medical treatment or surgery of humans and animals
· Anything contrary to public order, health, or morality
· Plant varieties or animal breeds
· Schemes, rules, and methods of performing mental acts, playing games, or doing
business
· Biological processes for the production of plants or animals (except microbiological
processes)

5. Trademarkable Marks
The following can be registered as trademarks:

· Any visible sign capable of distinguishing the goods or services of one enterprise from
another, including words, symbols, logos, names, or slogans
· Colors or a combination of colors (if they distinguish goods or services)
· Shapes of goods or their packaging, as long as they distinguish the product
· Sound marks, if they are distinctive

6. Non-Trademarkable Marks (Section 123)

The following cannot be trademarked:

· Marks that are identical or confusingly similar to an earlier registered trademark

· Generic terms or common descriptive names
· Marks that are deceptive, misleading, or contrary to public order or morality
· Marks that consist of flags, emblems, or insignia of the government, or names or
abbreviations of government agencies
· Marks that are functional or relate to the inherent nature of the goods/services (e.g., the
shape of a product needed for technical reasons)
7. Fundamental Principles (TSIPPS)
● Territoriality principle
● Statutory right
● Intangible asset
● Principle of Good faith
● Private Right
● Separate from material object

8. limitations of patent rights? (TPG)

● Unauthorized use by a Third party that cannot be prevented by the owner of the
patent (IPC, Sec. 72);

Patentee has no right to prevent third parties from performing the acts above,
without his authorization, under the following circumstances:

1. Using a patented product which has been put on the market by the owner

a. RA 9502 - with regard to drugs and medicines, the limitation on patent rights:

i. shall apply after a drug or medicine has been introduced in the Philippines or
anywhere else in the world by the patent owner, or by any party authorized to use the
invention:

ii. Provided, further, That the right to import the drugs and medicines contemplated
in this section shall be available to any government agency or any private third
party;

2. Act is done privately and on a non-commercial basis.

3. If done for purposes of experiment

4. In the case of drugs and medicines, where the act includes testing, using,
making or selling the invention including any data related thereto, solely for
purposes reasonably related to the development and submission of information
and issuance of approvals by government regulatory agencies required under any
law of the Philippines or of another country that regulates the manufacture,
construction, use or sale of any product:

5. Provided, That, in order to protect the data submitted by the original patent holder
from unfair commercial use provided in Article 39.3 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS Agreement), the Intellectual Property
Office, in consultation with the appropriate government agencies, shall issue the
appropriate rules and regulations necessary therein not later than one hundred twenty
(120) days after the enactment of this law;

6. Preparation for individual cases in a pharmacy

7. Used in a ship, vessel, aircraft or land vehicle entering the PH

 ● Use by Prior user (IPC, Sec. 73); and

● Use by the Government (IPC, Sec. 74).

1) Public interest, in particular, national security, nutrition, health or development

of other sectors, so requires

2) Judicial or administrative body has determined that manner of exploitation is

anti-competitive

3) In the case of drugs and medicines:

a. there is a national emergency

b. there is a public noncommercial use of the patent

c. the demand for the patented article in the Philippines is not being met to an
adequate extent and on reasonable terms.

9. GROUNDS FOR CANCELLATION OF PATENT [NDC]

● Not NEW or patentable
● Disclosure is not sufficient or clear as to be carried out by person skilled in the art
● Contrary to moral and public policy

10. REMEDIES OF THE TRUE AND ACTUAL INVENTOR Section 68, IPC
Defrauded Inventor If a person, who was deprived of the patent without his consent OR through
fraud is declared by final court order or decision to be the true and actual inventor, the court
shall order for:

1) his substitution as patentee, or at the option of the true inventor, cancel the patent, and

2) award actual and other damages in his favor if warranted by the circumstance

11. Rights Conferred by a Patent

RIGHTS OF A PATENTEE (Section 71, IPC)

a. PRODUCT - to restrain, prohibit and prevent any unauthorized person or entity from making,
using, offering for sale, selling or importing that product.

b. PROCESS - to restrain, prevent or prohibit any unauthorized person or entity from using the
process, and from manufacturing, dealing in, using, selling or offering for sale, or
importing any product obtained directly or indirectly from such process.

c. ASSIGN - Patent owners shall also have the right to assign, OR transfer by succession the
patent, and to conclude licensing contracts for the same.
12. Who may be sued for patent infringement? (Section 76.6, IPC)
1) One who makes, sells, or imports

2) Contributory infringer

a. One who actively induces

b. Who provides the infringer with a component of a patented product Contributory infringers are
joint and severally liable with infringer

13. Who can file an action for infringement? (Section 76.2, IPC) .
1) Any patentee

2) Any one possessing any right, title or interest to the patent whose rights have been infringed

14. Kinds of Patent infringement

1. Literal Infringement

To determine whether the particular item falls within the literal meaning of the patent claims, the
Court must compare the claims of the patent and the accused product within the overall context
of the claims and specifications, to determine whether there is exactly identity of all material
elements.

2. Doctrine of Equivalents

According to the doctrine of equivalents, an infringement also occurs when a device

appropriates a prior invention by incorporating its innovative concept and, despite some
modification and change, performs substantially the same function in substantially the same
way to achieve substantially the same result.

15. Remedies against patent infringement [ CIDC]

Civil action for damages plus attorney’s fees and other expenses for litigation

Injunction

Disposal / Destruction of infringing materials

Criminal Action for repetition of infringement

16. GROUNDS FOR COMPULSORY LICENSING (patent) (Section 93, IPC)

1. National emergency or other circumstances of extreme urgency;
2. Where the public interest, in particular, national security, nutrition, health or the development
of other vital sectors of the national economy as determined by the appropriate agency of the
Government, so requires; or

3. Where a judicial or administrative body has determined that the manner of exploitation by
the owner of the patent or his licensee is anti-competitive; or

4. In case of public non-commercial use of the patent by the patentee, without satisfactory
reason;

5. If the patented invention is not being worked in the Philippines on a commercial scale,
although capable of being worked, without satisfactory reason: Provided, That the importation of
the patented article shall constitute working or using the patent.

6. RA 9502 - Where the demand for patented drugs and medicines is not being met to an
adequate extent and on reasonable terms, as determined by the Secretary of the Department of
Health.

17. Assignment and Transmission of Patent

● Writing
● Notarized
● Certified under the seal and hand of notary

18. Rights of copyright owners [emd]

● Economic rights
● Moral rights
● Droite de Suite

19. Economic rights of copyright owner [r2d3po] Section 177

● Reproduction of the work or substantial portion of the work;
● Rental of the original or a copy of an audiovisual or cinematographic 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;
● The first public distribution of the original and each copy of the work by sale or
other forms of transfer of ownership;
● Dramatization, translation, adaptation, abridgment, arrangement or other
transformation of the work;
● Public display of the original or a copy of the work;
●
● Public performance of the work; and
● Other communication to the public of the work. (Sec. 5, P. D. No. 49a)

20. Moral rights of a copyright holder (Section 193) [aaon]

 193.1. 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; [RIGHT OF PATERNITY]

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

193.3. 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 [RIGHT OF INTEGRITY]

193.4. 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. (Sec. 34, P.D. No. 49)

21. LIMITATIONS OF COPYRIGHT

● General Limitation (Section 184)
● Fair use (Section 185)
● Other limitations (186-190)

22. General limitations on copyright (Section 184) [PICQ - TS- EPAP- BJ]
a. 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 society;

b. 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;

c.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;

d.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;

e.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;

f.The recording made in schools, universities, or educational institutions of a work included in a

broadcast for the use of such schools, universities or educational 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;
g.The making of ephemeral recordings by a broadcasting organization by means of its own
facilities and for use in its own broadcast;

h.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;

i.The public performance or the communication to the public of a work,

(1) in a place where no admission fee is charged in respect of such public performance or
communication,
(2) 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;

j.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 the 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

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

l.The reproduction or distribution of 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 nonprofit basis and shall indicate the copyright
owner and the date of the original publication.

23. FAIR USE (SECTION 185)

1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching
including multiple copies for classroom use, scholarship, research, and similar purposes
is not an infringement of copyright (IPC, Sec. 185).
2. Decompilation or the reproduction of the code and translation of the forms of a computer
program to achieve the interoperability of an independently created computer program
with other programs may also constitute fair use done for the purpose of obtaining the
information necessary to achieve such interoperability (IPC, Sec. 185.1).

24. Factors to determine FAIR USE [pane] Section 185

● The Purpose and character of the use, including whether such use is of a commercial
nature or is for non-profit educational purposes;
● The Amount and substantiality of the portion used in relation to the copyrighted work as
a whole;
● The Nature of the copyrighted work and
● The Effect of the use upon the potential market for or value of the copyrighted work (IPC,
Sec. 185.1; ABS-CBN Corporation v. Gozon, G.R. No. 195956, March 11, 2015).

25. When is a person considered to have committed copyright infringement?

ANS: A person infringes a right protected under the Intellectual Property Code when one:
● Directly commits an infringement;
● Benefits from the infringing activity of another person who commits an infringement if the
person benefiting has been given notice of the infringing activity and has the right and
ability to control the activities of the other person; or
● the knowledge of infringing activity, induces, causes or materially contributes to the
infringing conduct of another (IPC, Sec. 216).

26. What are the elements of copyright infringement?

● They must show ownership of a valid copyright; and
● They must demonstrate that the alleged infringers violate at least one economic right
granted to copyright holders under Section 177 of the IPC ((Filipino Society of
Composers, Authors and Publishers v. Anrey, Inc.).

27. REMEDIES AVAILABLE TO COPYRIGHT OWNER [DI -DIOS]

1. Pay to the copyright proprietor or his assigns or heirs such actual Damages, including
legal costs and other expenses, as well as the profits the infringer may have made due
to such infringement;
2. An Injunction restraining such infringement;
3. Deliver under oath for Destruction without any compensation all infringing copies or
devices, as well as all plates, molds, or other means for making such ther. infringing
copies as the court may order;
4. Deliver under oath, for Impounding during the pendency of the action, upon such terms
and conditions as the court may prescribe, sales invoices and other documents
evidencing sales, all articles and their packaging alleged to infringe infringing a copyright
and implements for making them;
5. Such Other terms and conditions, including the payment of moral and exemplary
damages, which the court may deem proper, wise and equitable and the destruction of
infringing copies of the work even in the event of acquittal in a criminal case (IPC, Sec.
216.1); and
6. The order of the court for Seizure and impounding of any article which may serve as
evidence in the court proceedings (IPC, Sec. 216.2).