Intellectual Property law
RA 8293
Principal purpose: to secure theexclusive rights of scientists, inventors and
artists to their intellectual property.
ly trademark can be enjoyed perpetually provided the renewal requirements are met
other intellectual properties can only be enjoyed within periods provided for by
law.
1. copyrights
2. trademarks and service marks
3. industrial designs
4. aptents
5. layout designs.
6. protection of information
Technology transfer arrangements?
contract for the transfer of systematic knowledge for manufacture of a product.
capitalist - inventor agreement for mass manufacture
IPO - protection of ip rights.
functions:
1. examine applications for grant of letters patent for inventions and register
utility models
2. examine applications - trademarks
3. registration of tech transfer arrangements
4. promote the use of patent information
5. administratively adjudicate contested proceedings affecting intellectual
property rights. (BLA)
6. coordinate with gov agencies and private sectors
Bureaus:
Patents
Trademarks
Docu, info, and tech transfer
anagement info system
admin financial and personnelservices bureau
IPO - Director general
laws covered:
patents
tm
copyrights
patent- make, use, or sell.
economic benefit - triggers infringement
patentable: any technical solution to a problem in any field of human activity
WHICH IS NEW. KEYWOD: NEW!!!!!
product, process, or a combination of both.
novelty required?
it is essential.
novelty, originality, precedence (Angelista Manzano vs. CA)
non-patentable - discoveries, scientific theories, and mathematical methods
legal affairs
schemes, rules, and methods performing mental acts, playing games or doing
business, and programs for computers.
methods for treatment of the human or animal body by surgeryor therapy diagnostic
methods practiced on the human or animal body.
plant varieties or animal breeds or essentially biological process for the
production of plants and animals.
aesthetic creations
anything contrary to public order or morality.
first to file rule
2 or more persons filed separately and independently of one another. first to file
shall the patent belong.
requirement of right of priority
(a) local application
(b)filed within 12 months from earliest foreign registration
(c) certified copy of the foreign translation with an english translation, c
patent contentsvcan a aptent be surrendered
Femedies -
prior user rule
what is it? any prior use, good faihth, using, undertaken prep to use the invention
in his enterprise or business before the filing date but the prior user cannot sell
the product or process.
FIRST TO FILE
PRIORITY USER
PRIOR USER
CAN GOVERNMENE USE PATENT EVEN WITHOUT AGREEMENT OF PATENT OWNER?
YES. WHEN PUBLIC INTEREST SO REQUIRES OR WHEN THERE IS A JUDICIAL OR
ADMINISTRATIVE ORDER. (COMPULSORY LICENSING)
PATENT INFRINGEMENT:
...... WITHOUT THE AUTHORIZATION OF THE PATENT OWNER.
CAN FOREIGN NATIONAL FILE AN ACTION FOR INFRINGEMENT?
YES SEC 77.
PRESCRIPTIVE PERIOD FOR DAMAGES ARISING FROM INFINGE? 4 YRS.
NOTICE OF EXISTING PATENT A NECESSARY REQUISITE?
YES
PRESUMPTION OF INFRINGEMENT? -- > SEC 80. PHIL PAT. NASA PRODUCT.
DEFENSES: INVALID PATENT ISSUED, ONE OF THE GROUNDS UNDER PETITION FOR CANCELLATION
UNDER SEC 61 WAS BROUGHT
CRIMINAL ACTION POSSIBLE? YES!
PRESCRIPTIVE PERIOD FOR CRIM ACTION? 3 YEARS
DOCTRINE OF EQUIVALENTS -- - - - SMITH KLINE BECKHAM "MODIFICATION AND CHANGE"
CAN RIGHTS BE TRANSMITTED? YES OF COURSE
TRADE MARKS - MEANS ANY VISIBLE SIGNS DISTINGUISHING THE GOODS.
COLLECTIVE MARK - MAS MARAMI
TRADE NAME NAME OR DESIGNATION IDENTIFYING OR DISTINGUISHING AN ENTERPRISE
HOW RIGHT ACQUIRED OVER MARK? ----> NOT BY MERE REGISTRATION READ BIRKENSTOCK
PLEASEZZZ
CAN OWNER DEMAND REGISTRATION - - - - NO. ONLY WHEN REQUIREMENTS OF LAW ARE
COMPLIED WITH.
WHAT CAN BE USED AS EVID THAT MARK HAS BECOME DISTINCTIVE -- PROOF OF
SUBSTANTIALLY EXCLUSIVE AND CONTINUOUS USE THEREOF BY THE APPLICANT.
FILE AS EVIDENCE OS "SUBSTANTIALLY EXCLUSIVE AND CONTINUOUS USE" --- > DECLARATION
OF ACTUAL USE
NATURE OF THE FIRST TO FILE RULE (e.y VS shen dar)
does the philippines adhere to the paris convention yes
time limit to the petition for reg? none.
recourse for refusal to register? ---> director general
abandoned mark recourse --- > revival within 3 months
recourse if affected by registration? ---> file an opposition.
trademark infringement
copy tm without consent
copyright:
form of ip which gives creator exclusive rights a certain period of time..
when commenced? moment of creation.
1. books, pamphlets, articles, and other writings
2. periodicals and newspapers
4. letters.
5. dramatic, dramaticomusical compositio
6. drawings
7. ornaments, designs.
8. photographic works
9. computer programs
news of the day cannot be copyrighted viz newspaper yes
can government works be copyrighted? ---> no. just cite
copy or economic rights:
1. mona lisa - only economic right. you do not have MORAL right.
director vs producer. maker vs owner.
WHAT IS THE RULE WITH RESPECT TO OWNERHIP OF COPYRIGHT......
ORIGINAL TO LITERARY AND ARTISTIC WORKS ----> AUTHOR
JOINT OWNERSHIP --- > CO AUTHORS, CO OWNERSHIP. ABSOLUTE? NO. EXC: IF CAN BE
SEGREGATED.
LETTERS? --> COPYRIGHT ----> WRITER.
723 OF CIVIL CODE.
DI KO ALAM DEFENSE? NOT A VALID DEFENSE COLUMBIA PICTURES
LETTERS OF PATENT VS COPYRIGHT -- PEARL AND DEEN VS SHOEMART..
KEY TAKE AWAYS:
PATENTS NEW AND USEFUL INVENTIONS
TRDEMARKS DISTINGUISHING MARKS
COPYRIGHT LIETERARY AND ARTISTIC DOMAIN
FOR PATENTS: FIRST TO FILE, INVENTIONS PERIOD OF 20YRS, UTILITY MODELS 7,
INDUSTRIAL DESIGN 5 YEARS. VIOLATION 300K 6 MOS - 3 YRS
FOR TRADEMARKS: ACTUAL USE BEFORE APP IS NOT REQUIRED. BUT SUBMIT DAU
GRANT OF TM: 10 YRS RENEWABLE
AFFIDAVIT OF ACTUAL USE IS REQUIRED TO BE FILED WITHIN 3 YEARS FROM FILING OF AP
50K TO 200K AND/OR 2-5 YRS
COPYRIGHT -- REG NOT ABSOLUTE NECESSITY. FROM CREATION PLUS 50 YRS AFTER HIS DEATH.
COPY RIGHT OR ECON RIGHTS AND MORAL RIGHTS
PENALTY 55K - 1.5 M 1-9 YRS.
