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IP Ass 1
IP Ass 1
1-INTELLECTUAL PROPERTY
COMMERCIAL LAW REVIEW
Atty. Myra-Diwata A. Rivera-Caroy
INSTRUCTIONS:
1. This assignment consists of ten (10) questions calling of the pertinent provisions
of the Intellectual Property Code (RA 8292), as amended.
2. State whether the following items are protected by copyright If your
answer is yes, specify: (1) whether it is an original work or a derivative
work; and (2) the owner of the copyright. Cite the legal basis for your
answers, and a mere “YES” or “NO” answer shall not be given any credit. Limit
your explanation to just one sentence each. Place your answers right after the
question/item.
3. Submit your assignment on or before 28 January 2021 at 5:00 p.m. Late
assignment outputs shall not be considered.
Topic
Copyright
1. The Harry Potter books (consisting of seven volumes) written by J.K. Rowling
published by Random House Books.
Yes. It is an original work owned by J.K. Rowling, his heirs or assigns.
Under Art. 721 of the Civil Code and Sec. 178 of RA 8293, the author
acquire ownership with regard to his literary and artistic works.
3. The format for the show “Raffy Tulfo in Action” aired in TV Channel 5.
NO. Sec. 175 of RA 8293, no protection shall extend to any idea,
procedure, system, method or operation, concept, principle, discovery
or mere data as such, even if they are expressed, explained, illustrated
or embodied in a work; news of the day and other miscellaneous facts
having the character of mere items of press information.
7. “Sana Maulit Muli” performed by Lea Salonga, and distributed by BMG Records.
Yes, original, owned by the composer of the song because Under Art
721 of the Civil Code and Sec. 178.5 of IPC, the composer owns his
musical composition.
8. The musical entitled “Legally Blonde” in Broadway with music and lyrics by
Laurence O-Keefe and Nell Benjamin.
Yes, original, owned by Laurence O-Keefe and Nell Benjamin as
composers, the producer, the author of the scenario, the film director,
and the author of the work so adapted (Sec. 178.5).
9. Zoom Application, prevailing in the internet.
Yes, original, owned by the creator of the computer program. Under
Sec. 172, computer program is included in the list of Literary and
Artistic Works and the copyright shall belong to the author of the work
(Sec. 178.1).
10. Game of Thrones, a series aired on Home Box Office (HBO) produced by David
Benioff and Weiss.
Yes, derivative work because it is an adaptation of A Song of Ice and
Fire, a series of fantasy novels by George R. R. Martin. Owned by the
producer David Benioff and Weiss (sec. 178.5).
NOTHING FOLLOWS