● Week 1 STATE POLICY- REPUBLIC ACT NO.

8293- An act prescribing the

Intellectual Property Code and Establishing the Intellectual Property Office, providing for
its powers and functions, and for other purposes.
○ Otherwise known as the Intellectual Property Code of the Philippines.
○ RA 8293 was amended by RA 10372

● Intellectual Property Rights consist of:

○ Copyright and Related Rights;
○ Trademarks and Service Marks;
○ Geographic Indications;
○ Industrial Designs;
○ Patents;
○ Layout Designs (Topographies) of Integrated Circuits; and
○ Protection of Undisclosed Information (n, TRIPS)

● Sec 5, Intellectual Property Code- IPOPHIL- Functions: To administer and

implement the State policies declared in this Act, thereby creating the Intellectual
Property Office (IPO) which shall have the following functions:
○ a) Examine applications for grant of letters patent for inventions and register

utility models and industrial designs;

○ b) Examine applications for the registration of marks, geographic indication,

integrated circuits;

○ c) Register technology transfer arrangements and settle disputes involving

technology transfer payments covered by the provisions of Part II, Chapter IX on

Voluntary Licensing and develop and implement strategies to promote and

facilitate technology transfer;

○ d) Promote the use of patent information as a tool for technology development;

○ e) Publish regularly in its own publication the patents, marks, utility models and

industrial designs, issued and approved, and the technology transfer arrangements

registered;

○ f) Administratively adjudicate contested proceedings affecting intellectual

property rights; and

 ○ g) Coordinate with other government agencies and the private sector efforts to

formulate and implement plans and policies to strengthen the protection of

intellectual property rights in the country.

● THE LAW ON COPYRIGHT-

○ Intellectual creation as a mode of ownership- “Author” is the natural person

who has created the work. (e.g. Composer; Painter, Sculptor or other artist;

Scientist or technologist; and letters and other private communications in writing.

● Infringement- When there is piracy or substantial Reproduction. 5

○ 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 – Injunction [Sec. 216. IPC] – Action for damages filed within 4 years

– Criminal case [Sec. 218, IPC]

● Acts not considered infringement-

○ 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

○ Literary, scientific or artistic works as part of reports of current events

○ Inclusion of a work in a publication made by way of illustration for teaching

purposes compatible with fair use

○ 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 •

Work for purpose of any judicial proceedings

○ Single copy reproduction exclusively for research and private study

○ Reproduction of non-profit libraries

○ One back-up copy of computer program

● Week 2 Trademark- Any visible sign capable of distinguishing the goods (trademark) or

service (service mark) and shall include a stamped or marked container of goods.

● Collective Mark- Visible sign designated in the application for registration and capable

of distinguishing the origin or any other common characteristic, including the quality of

goods or services of different enterprises which use the sign under the control of the

registered owner of the collective mark .

● Trade name-

○ Name or designation identifying or distinguishing an enterprise

○ No need to register trade names in order to secure protection for them (Sec.

165.2[a], IPC)

● How trademarks are acquired-

○ Registration;

○ Actual Use; and

○ Prima Facie Evidence.

● How trademarks are protected-

○ Infringement

○ Unfair Competition

○ Inter partes case

● Infringement-

○ Elements

■ Trademark is registered in the IPO

■ Trademark is reproduced, counterfeited, copied or colorably imitated

■ Infringing mark is used in connection with the sale, offering for sale,

advertising of any goods, business or services

■ Use of infringing mark is likely to cause confusion or mistake or to

deceive purchases or others as to the goods or services

■ Without the consent of the trademark owner or assignee

○ Tests to determine similarity and likelihood of confusion in trademark

■ Holistic Test – requires that the entirety of the marks in question can be

considered in resolving confusing similarity

■ Dominancy Test – similarity of that prevalent features which might cause

confusion or deception and thus infringement (Sec. 155, IPC)

● Unfair competition- Employing deception or any other means contrary to good faith by

which a person passes off his goods or business or services for those one who has already

established goodwill thereto (Sec. 168.2, IPC)

● Inter partes case- Contested cases files before IPO

○ Includes

■ Opposition against registration of a mark published for opposition

■ Petition to cancel registration of a mark

● Week 3 Who owns a patent?

○ Inventor, his heirs or assigns

○ Joint, when two or more persons have made jointly made an invention (rules on

co-ownership)
 ○ First to File Rule (Sec. 29, IPC) – If two or more persons have made the invention

separately and independently of each other, the right to a patent shall belong to the

person who first filed the application.

● Non Patentable inventions-

○ Discoveries, scientific theories, and mathematical method

○ Schemes, rules, and methods of performing mental acts, playing games or doing

business, and programs for computer

○ Methods for treatment of the human body or animal body by surgery or therapy

and diagnostic methods

○ Plant varieties or animal breeds of essentially biological process for the

production of plants or animals

○ Aesthetic creations

○ Anything which is contrary to public order or morality

○ Certain instances in case of drugs and medicines

● Limitations of patent rights-

○ Owner puts a patented product in the market or with his consent (Sec. 72.1, IPC)

○ Parallel importation (Sec. 72.1 and 72.5, IPC as amended)

○ Non-commercial scale/purpose (Sec. 72.2, IPC)

○ Experimental use or educational purpose

○ Testing, using, making related to drugs and medicines solely for development and

submission of information and government approval

○ Individual cases of a medicine in accordance with a medical prescription after a

drug or medicine has been introduced in the Philippines or anywhere else

● Infringement- Making, using, offering for sale, selling or importing a patented product

or a product obtained directly or indirectly from a patented process, or the use of a

patented process without the patentee’s authorization (Sec. 76.1, IPC)

● Week 4 Nature and Form of Contract-

○ Art. 1458. By the contract of sale one of the contracting parties obligates himself

to transfer the ownership of and to deliver a determinate thing, and the other to

pay therefore a price certain in money or its equivalent.

● Nature and form of the contract-

○ Consensual

○ Bilateral

○ Onerous

○ Commutative

○ Nominate

○ Principal

● Essential requisites of a contract of sale-

○ Consent or meeting of the minds (1475)

○ Object or subject matter (1460)

○ Cause of consideration (1458)

● Stages of a contract-

○ A contract has three distinct stages: preparation, perfection, and consummation.