LEGAL FORUM – INTELLECTUAL PROPERTY CODE NOTES
whether to register it
RA 8293 – Intellectual Property Code of the Philippines
An act prescribing the intellectual property code and
establishing the intellectual property office, providing for
its powers and functions, and for other purposes.
Intellectual property – Part of law that protects ideas
3 Branches of IP Law
1. Copy Rights – artistic and literary in nature
2. Patents – Utility or use for it
3. Trade Marks – Logo, Business name, Brand Name
PATENT – is a grant granted by a government giving an
inventor the exclusive right to exclude others from
making, using, importing, and offering for sale the
product of his invention.
Software (Copyright) but if it is shown to have a very
integrated connection with hardware then it CAN be
Patented.
(ex. Mobile app that cannot function without the
hardware.)
Jointly made – Joint Patent
First-to-file – When 2 separate and independently
applied for same invention.
COPYRIGHT – is a set of prerogatives conferring on the
authors of literary and artistic works control over the
public exploitation of their works and ensuring them
remuneration to which they are entitled in consideration
of their creative work.
Copyrights protects original expressions in the forms of
literary, scholarly, scientific and artistic creations.
Copyright protection may also be extended to software
programs, compilation of databases, and derivative
works.
These include dramatizations, translations, adaptations,
abridgements, arrangements, and other alteration of
literary or artistic works.
COPYING BOOKS
-Portions are okay as long as used for personal use
-Massive (whole book) is copyright infringement
RECEPIES
are not copyrightable UNLESS it is part of a book or
television show.
TRADE SECRET – Intellectual property, owner’s decision
TRADEMARK OR SERVICE MARK – is a distinctive and
visible sign, symbol, emblem, or device used by an
enterprise to differentiate its goods or products
(Trademark) or services (service mark) and includes a
stamped or marked container of goods.
JURISPRUDENCE; (CASE ON LIVIS) – for small businesses,
make sure to indicate that they are not the actual source
of the original brand. PUT ON DICLAIMER
“POST SALE CONFUSION” – The confusion is from 3rd
parties and not from the costumer buying the imitation.
because they knew they were buying imitation products.
Hence, no confusion with the original.
REGISTRATION (DIFFICULTY)
A) PATENT – words, diagram, examination (by DTI)
New, Applicable in industry, well written, 20 yr
protection
B) TRADEMARKS- Unique, 10 yr protection
Law says Registration, Supreme Court say Deposit
Copyright starts at the moment of CREATION
not Registration.
PROVE: Originality and Time of Creation
C) COPYRIGHT application should be notarized; National
Library, IPO. Under 500 (250) pesos.
VALIDITY PERIODS
COPYRIGHTS
Literary works – During the lifetime of the
Author plus 50 years after Death
Applied arts – 25 years from date of Creation
Photographic works – 50 years from publication;
if unpublished is 50 years from the making of the
work.
Audio-visual Work -50 years from publication; if
unpublished is 50 years from the making of the
work.
Sound Recording – 50 years from the end of the
year recording took place.
Broadcast Recording -20 years from date of
Broadcast
Trademarks – valid 10 years and may be renewed for
periods of 10 years.

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Tune of HAPPY BIRTHDAY – Time Warner

Charitable purpose – may be allowed

Public Performance of Work – any music played outside

a normal circle of friend and family that occurs in any
public place. (Must pay royalties and can be penalized)

OWNER- NOT THE GOVT- that should come forward and

sue or demand for it to be enforceable.
Plagiarism –Form of reproduction- portion or bulk
without citation is plagiarism.

Moment of Creation- Time Stamp; defend your claim of

ownership.

Art/work made in to the Public Domain - Waive of the

owner to his rights or by expiration of the validity period
can it only be in the PUBLIC’s DOMAIN or can be used by
the public.

NEWS REPORT - exception as long as Credited

Non-Disclosure Agreement (NDA)

Waiver of Rights