Notes on IP Convention

1. Berne Convention
- Applies to literary and artistic works
- 3 Basic Principles
◼ National Treatment (principle)
o A member state must treat other nationalities the same way as their own
nationals
◼ Automatic Protection
- Applies to copyright
- If there is a work created the PH and within the member state, there is no need for
registration; automatic even sa ibang countries
- An exception to the territoriality rule
◼ Independence of Protection
- The protection granted in the PH does not necessarily mean protection as to the
subject matter

2. Paris Convention
- Applies to Trademark and Patents
- You have to file registration in each country you want to have protection in (unlike
berne na there is automatic protection)

 Rights of priority (as to the date of filing)

 o Ex. if you registered in the PH on Jan 1, and 12 months later if you register in the
US, the date of registration in the US retroacts to the filing date in the PH.
Therefore the “filing date” sa US is also Jan 1

 Most favored nation treatment

o Member state cannot discriminate among other member state (ex if Ph has
given a favor to one state, it must also extend such favor to other state)
 Inaudita Altera Parte
o Without the other party being heard
 - This is a filing system only; refers on to filing date of application and NOT TO
REGISTRATION; it does not grant registration; each country must determine its
registrability as to its own merits within their own trademark law
- One application lang. no. need to register in every country

1.
GR: Territoriality
- You have to go to each and every country you want to have the protection enforced
and register
Exc: 1. Burne convention; 2. PH IP Code; 3. Copyright
- No need to register. Even in other member countries. There is protection even
without registration
2.
GR: Registration entails automatic protection
EXC: in copyright (no need for registration)

3. First to file rule( when it comes to TM and patents)

Exc; copyright- no registration needed

Marakesh Treaty