The Law on
Intellectual
Property Rights
True inventors do not sit on their inventions
– K. C. Kankanala
LESTER A. AÑONUEVO (RFB 301)
Regulatory Framework and Legal Issues in Business
BatStateU Lipa Campus, February 5, 2022
State policy
Republic Act No. 8293
An act prescribing the IPC and Development Protection of Bears a social Streamline
Establishing the IPO, providing for of domestic exclusive rights function procedures
and creative for registering
its powers and functions, and for
activity IP
other purposes
RA 8293 was amended by RA 10372
2
WTO and
TRIPS 1 2 3
The enactment of the IPC is partly
the result of the mandate of the Reciprocity National Most-Favoured
agreement establishing the WTO [Sec. 3, IPC] Treatment Nation Treatment
and WTO’s agreement on TRIPS [Art. 3, TRIPS] [Art. 4, TRIPS]
~ Mirpuri vs. CA, 318 SCRA 516 [1991]
3
Copyright and related Trademark and Service
Patents
Intellectual
rights marks
Property
“When you have wit of your own, it's
a pleasure to credit other people for
theirs.”~ Criss Jami, Killosophy
Geographic Protection of
Layout designs of IC 4
Indications Undisclosed Info
Industrial
design
5
Examine applications Register technology Promote use of patent
for patent, marks, etc. transfer arrangements information
IPOPHIL
Sec. 5, IPC
Ends are not bad things, they just mean that
something else is about to begin. And there are
many things that don’t really end, anyway, they
just begin again in a new way.
~ C. Joybell C. Administrative Coordination with
Publication 6
adjudication other agencies
Copyright
Who Over what
Author Literary, dramatic, historical, legal,
[Art. 721,NCC] philosophical, scientific or other
work
Composer Musical composition
[Art. 721,NCC]
Painter, sculptor or Product of his art
other artist
Intellectual
[Art. 721,NCC]
Scientists or Discovery or invention
creation as a technologists
[Art. 721,NCC]
mode of Letters and other
private
Person to whom they are
addressed and delivered
ownership communications in
writing
[Art. 723,NCC] 8
• Author
• Multiple persons / authors
Collective Work Joint Work
2 or more natural persons
At the initiative and under No such arrangement
the direction of another
Disclosure that the work is Contributions can be
under the lead; contributing merged into
Right over
natural persons are not interdependent parts of a
named unitary whole
literary and • Performers
artistic works
9
Subject Who
One creator Creator, heirs or assigns
Joint creation Co-authors shall be the original
owners, in the absence of an
agreement, rights are governed by
rule of co-ownership
Commissioned work Person commissioning the work;
ownership of copyright remains with
the creator
Audio – visual work Producer if for exhibition
Producer, author, composer, film
director, photographic director for all
Who owns the
other purposes
Pseudonyms and Publisher (presumed to be the
copyright? anonymous work representative of the author) [Sec.
178, 179]
Employee’s work during Employer if part of regular function 10
course of employment Employee if not part of his duties
Literary and Artistic Work Derivative
Original intellectual creation Dramatizations, translations,
adaptations…collections of
literary scholarly or artistic
works which are original by
reason of selection
Sec. 172, IPC Sec. 173, IPC
Sec. 176.2, IPC
Copyrightable
objects
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• Idea, procedure, system, method or operation,
concept, principle, discovery or mere data (even if they
are expressed, explained, illustrated, or embodied in a
work) [Sec. 175, IPC]
• News of the day and other miscellaneous facts having
the character of press information [Sec. 175, IPC]
• Any official text of a legislative, administrative or legal
nature (including translation) [Sec. 175, IPC]
Unprotected • Any work of the GOP [Sec. 175, IPC]
works
12
Works are protected by the sole fact of their
creation, irrespective of their mode or form of
expression, as well as of their content, quality
and purpose. [Sec. 172.2]
When rights
over copyright
are conferred
13
Subject Duration [Sec. 213 and 214]
Literary artistic works During the lifetime and for 50 years
and derivative works after death
Joint creation Economic rights – during the life of
the last surviving author, and for 50
years after death of last surviving
author
Pseudonyms and 50 years following the date of first
anonymous work publication
Work of applied art 25 years from date of making
Duration of
Photographic works 50 years from publication of the
work, or from making if
copyright
unpublished
Broadcast 20 years from date of broadcast
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• Reproduction of the work or substantial
portion of the work
• Dramatization, translation, adaptation,
abridgment, arrangement or other
transformation of the work
• 1st public distribution of the original and each
copy of the work
• Rental of the original or a copy of an AV or
Rights of cinematographic work
• Public display of the original or a copy of the
authors – work
Economic • Public performance of the work
• Other communication to the public 15
• Require authorship of the works be attributed
to him, in a prominent way on the copies
• Make any alterations of his work prior to, or to
withhold it from publication
• Object to any distortion, mutilation or other
modification of, or other derogatory action in
relation to, his work which would be
Rights of prejudicial to his honor or reputation
authors – • Restrain the use of his name with respect to
Moral any work not of his own creation or in a
distorted version of his work
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• Right to publish granted by the author, his
heirs, or assigns
• Right of reproduction of the typological
arrangement of the published edition of the
work [Sec. 174, IPC]
• If submitted to newspaper, and the like, the
right to publish once materials sent by a
writer, photographer, an artist or newspaper
publisher, but such writer or artist retains his
Publisher’s copyright on the piece [Sec. 180.3]
rights
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• Right of authorizing (1) the broadcasting and other
communication to the public of their performance (2)
fixation of their unfixed performance [Sec. 203.1, IPC]
• Right of authorizing the direct or indirect reproduction of
their performances fixed in sound recordings or AV works
or fixations in any manner [Sec. 203.2, IPC]
• Right of authorizing first public distribution of the original
and copies of their performance fixed in sound recordings
or AV through sale or rental of other forms of transfer of
ownership [Sec. 203.3, IPC]
• Right of authorizing the commercial rental to the public of
the original and copies of their performances [Sec. 203.4,
IPC]
Performer’s • Right of authorizing making available to the public of their
performances by wire or wireless means [Sec. 203.5, IPC]
rights • Moral right – right to claim to be identified as the
performer
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• When there is piracy or substantial
reproduction
• How?
– Directly committing an infringement
– Benefits from the infringement activity
– With knowledge of infringing activity, induces
or materially contributes to the infringing
conduct of another
• Remedies
Infringement
– Injunction [Sec. 216. IPC]
– Action for damages filed within 4 years
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– Criminal case [Sec. 218, IPC]
• Recitation when (1) made accessible to the public,
(2) privately done, (3) free of charge, (iv) strictly
for a charitable/religious institution
• Quotations (1) fair use (2) extent is justified by the
purpose, (3) source and name of author must be
mentioned
• Reproduction to the public by mass media of
articles on current political, social, economic,
scientific or religious topic
Acts not • Literary, scientific or artistic works as part of
considered reports of current events
infringement
• Inclusion of a work in a publication made by way
of illustration for teaching purposes compatible
with fair use 20
• Recording made in schools, which must be
deleted within a reasonable period
• Ephemeral recordings
• Work under the direction or control of
government
• Charitable / Educational purpose
• Public display of the original / copy not made by
means of a film, slide, tv image
Acts not • Work for purpose of any judicial proceedings
considered • Single copy reproduction exclusively for research
and private study
infringement • Reproduction of non-profit libraries
• One back-up copy of computer program 21
• For criticism, comment, news reporting, teaching
including multiple copies for classroom use,
scholarship, research is not infringement [Sec.
185, IPC]
• Factors to consider:
– Purpose and character of the use
– Nature of copyrighted work
– Amount and substantiality of the portions used
– Effect of the use upon the potential market
Doctrine of • Decompilation for interoperability [RA 10372]
fair use
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Copyright infringement Plagiarism
It is not necessary that the Deliberate and knowing
whole or even a large portion presentation of another’s
of the work shall have been person’s original ideas or
copied creative expression as one’s
own
Legal issue Ethical issue / Act of academic
dishonesty. Injury to a
person’s reputation through
exclusion
Copyright Always give rise to civil and
criminal action
May or may not give rise to
civil and criminal action.
Infringement vs Mostly an administrative
matter or disciplinary action
Plagiarism Award of damages Dismissal, Suspension,
besmirched reputation, denial
of certification 23
