GROUNDS FOR CANCELLATION:

INTELLECTUAL PROPERTY LAW (RA No. 8293 amended by RA No. 10372) 1 Invention is NOT new (no novelty)
2 NOT enough diclosure
PATENT TRADEMARK COPYRIGHT 3 Contrary to public order or morality
Subject matter of the NEW, INVENTIVE, & USEFUL Goods manufactured or Literary, scientific or artistic
right inventions produced work Literal Infringement
Where right is to be >Exactness rule
IPO IPO National Library
registered PATENT INFRINGEMENT >Addition Rule
Protection starts Application Issuance of CoR Creation -unauthorized making, using any patented Doctrine of Equivalents
Duration of right 20 years 10 years (renewal: w/n 6 Lifetime of the author + invent w/o consent from patent holder >Function
months before expiration) Generally 50 yrs after his death >Way/means
>Result
PATENT
REMEDIES OF A PATENTEE:
Exculsive right granted for a product, process or improvement.  Civil Action
 Injuction
REQUISITES:  Court's disposal/destroyance, w/o compensation
 Invention Patent: Novelty, Inventive step, Industrial Applicability  Criminal Action:
 Design Patent: Novelty and Ornamentality Fine: 100K - 300K
 Utility Model: Novelty and Industrial Applicability Imprisonment: 6months - 3 years
*Prescription : 3 years from date of the commission of the crime
NON-PATENTABLE
 Discoveries, Scientific theories, Math
 Schemes, rules & methods Performing mental acts VALID DEFENSE:
 Human/Animal treatment Playing games  NON patentable
 Plant/Animal varities Program for computers  Part of prior art
 Aesthetic creation  True owner
 Contrary to public order or morality  DOCTRINE of PRIOR USE

to a pantent: inventor/heirs/assigns

2 or more inventors: jointly
RIGHT TO A PATENT: 2 or more separately invent: FIRST to file
The person who commissions the work shall own the patent, unless
otherwise provided
EMPLOYEES INVENTION:
 Employee - if not part of his regular duties
 Employer - if it's a work related duties, unless agreed upon
 DECLARATION OF ACTUAL USE:
TRADEMARK TERM: 10 YEARS with UNLIMITED renewal (indefinite life)
1 w/n 3 years from filing date of application; +6months
 TRADEMARK -visible sign (stamped/marked container of goods ) 2 AND another DAU w/n 1 yr from 5th anniv.
 SERVICE MARK -visible sign (stamped/marked container of services ) 3 AND w/n 1 yr from the date of renewal
 COLLECTIVE MARK -visible sign (origin)
 TRADE NAME -name or designation distinguishing an enterprise PATENT INFRINGEMENT
need NOT be registered -use w/o consent in commerce any reproduction, counterfeit, copy, or
colorable imitation of a regitered mark

NON REGISTRABLE HOLISTIC OR TOTALITY TEST:

 Immoral, deceptive, or scandalous TEST : -entirety of the marks in question
 flag or coat of Arms, insignia
 name, portrait or signature of living individual except: written consent, or by the deceased PH President DOMINANCY TEST:
 Identical w/ a registered mark -prevalent or dominant features
 Identical or confusingly similar to, or constitues a tranlation of a mark considered well known internaitonally, in
PH, & w/c is registered in PH. REMEDIES:
 likely ot mislead the publis 1 Recover Damages
 Exclusively of signs --Generic signs or customary or usual, or trade practices 2 Seek injunction
 Shapes/ Color alone 3 Destruction of infringing materials
 Contrary to public order or morality

VALID DEFENSE: UNFAIR COMPETITION:

 Non registrable 1 those w/c would likely to influence purchasers to belive that the goods
 Right of Priority offered are those of a manufacturer or dealer
 True owner 2 offering the services of another
3 to discredit the goods, business or services of another
CERTIFICATE OF REGISTRATION:
validity PENALTY: Imprisonment: 2-5 year
prima facie evidence of: ownership Fine: 50K to 200K
exclusive right of use
TRADEMARK INFRINGEMENT UNFAIR COMPETITION
Registration of the mark is a pre-req. NO registration necessary
PRIORITY CLAIM: local application (earlier filed in Abroad) No fraudulent intent is required Fraudulent intent is necessary
1 Filed w/n 6 months from filing of priorty application Likelihood of confusion Sale is required
2 Certified copy of priority application w/n 3 months from filing date Passing-off element
3 failure to file is treated as a waiver of priority claim
 legal protection extended to the OWNER of the rights in an ORIGINAL WORK. literacy and artistic works.
COPYRIGHT
is the right of literaryproperty as recognized & sanctioned by the positive law.

RIGHTS OWNERSHIP
 ECONOMIC RIGHTS GR: The natural person who created the works owns the copyright
-to obtain remuneration from ecploitation of his work by 3rd parties. XPNs:
l Reproduction/ Distribution/ Transformation/Rental EmployEE:
l Public display performance not part of regular duties
 In the course of EMPLOYMENT
l Other communication to the public EmployER:
part of regualr duties
 MORAL RIGHTS
-to protect personal connection between himself & the work OWNER
l right of ATTRIBUTION  Commissioned Works who commissioned the work
l right of ALTERATION COPYRIGHT
l right of INTEGRITY Creator (unless contrary appears)
l right to restrain use of his NAME
 Audiovisual work Producer, Author, Composer, Film,
VALID DEFENSE COPYRIGHT INFRINGEMENT: Director.
 Doctrine of fair use l Directly commits infringement
-privelege to use without consent. l Distributing for purposes of trade Prejudice right of copyright owner
l Trade exhibits on publis
COPYRIGHTABLE:
 Books/Pamphlets/Letters
 Priodicals/newspapers
 Computer programs
 Drawings/Maps/Paintings

NON-COPYRIGHTABLE
 Mere data/idea/Procedure
 News/Miscellaneous facts
 Official text of legislative as wells as translation