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Intellectual
Property
Code
RA 8293, Jan. 18, 1998
Laws Repealed:
Patent Law (RA 165)
Trademark Law (RA 166)
Copyright Law (PD 49)
Articles 188 & 189 of the
Revised Penal Code
Intellectual Property
Refers to creations of the mind;
inventions, literary and artistic
works,
and
symbols,
names,
images, and designs used in
commerce. It means legal rights
which result from intellectual
activity in the industrial, scientific,
literary, and artistic fields. World
Intellectual Property Organization
Intellectual Property Handbook,
2004
There are NO property rights
protected if it is mere ideas or
mental
conceptions.
Even
if
expressed or embodied in a work,
news of the day and others, having
the character of mere items of
press information or any official
text, translation, or work of the
government. (Law on Copyright
Sec. 175
Works
under
Non-patentable
Inventions are also not protected
by law. (Sec. 22)
Intellectual Property Rights
Copyright
or
Related
or
neighboring rights;
Protection
of
Undisclosed
information
Industrial designs
Trademarks and Service Marks
Patents
Layout Designs (Topographies) of
Integrated Circuits
Geographic Indications
Sec. 4
Copyright
Geographic Indication
One which identifies a good as
originatin in the territory of a TRIPS
member, or a region or locality in
that territory, where a given
quality,
reputation,
or
other
characteristic of the good is
essentially
attributable
to
its
What is to be protected?
Whatever
favor,
allowance,
consideration,
privilege,
or
immunity a member-state grants
the nationals of another country is
immediately and unconditionally
accorded to the nationals of other
member-states. (Art. 4 TRIPS)
The Intellectual Property Office
Copyright
An intangible incorporeal right:
to certain literary, scholarly
and artistic productions,
granted by statute to the
author or creator of the work,
giving him, his heirs and
assigns,
copyright
or
economic rights, which shall
consist of the exclusive right
to carry out, authorize or
prevent the acts listed in Sec.
177
A bundle of rights e.g. JK Rowling
can sell various rights like right to
publish (Scholastic), right to make
a movie from her story (Warner),
right to make toys from characters
(e.g., Mattel)
Note:
Reproduction
must
be
commercial, public and substantial
A. No.
The moment it is sold,
copyright protection as to public
distribution is over.
NOTE: There is a difference
between copyrighted work and the
medium where it is contained. So
you can sell your book, unless it is
provided
in
the
copyright
agreement
Does this apply to digital works?
Because under the first sale
doctrine, you can sell your copy.
First sale doctrine assumes there is
a tangible thing.
The paper
suggests that the doctrine should
not apply to internet.
performance can
without
the
communication.
A. Yes,
It
performance,
broadcast.
TV
point to multipoint vs.
point
to
point
(since
only
subscriber can receive)
Q. Is there broadcast?
be perceived
need
for
Derivative Works
The following derivative works shall
also be protected by copyright:
1.
Dramatizations,
translations,
adaptations,
abridgments, arrangements,
and other alterations of
literary or artistic works; and
2. Collections of literary,
scholarly or artistic works,
and compilations of data and
other materials which are
original by reason of the
selection or coordination or
arrangement
of
their
contents.
Q.
Are
functional
objects
copyrightable? E.g. Figurine Lamps
How Derivative
Protected
Works
are
by
A. No.
Employee has the
copyright. But the ee-er contract
may stipulate that employee may
assign
copyright.
Outright
ownership is not allowed as to
objects created outside the scope.
However, subject to
contrary
or
other
stipulations among the
creators, the producer
shall
exercise
the
copyright to an extent
required
for
the
exhibition of the work
in any manner, except
for the right to collect
performing license fees
for the performance of
musical compositions,
with or without words,
which are incorporated
into the work; and
If not received,
transferred.
copyright
General
rule:
Creator
has
copyright. It can be co-owned.
The
making
of
ephemeral
recordings by a broadcasting
organization by means of its own
facilities and for use in its own
broadcast;
isnt
It
would
be
an
inconsistent defense if
you allege fair use and
you allege that you
were not the one doing
the infringing.
Maybe not.
It would be
undue
deprivation
of
property.
It would also
remove all incentive to
create, write law books for
instance
or
develop
computer
programs
for
school usage.
NAPSTER CASE
(b)
An entire book, or a
substantial part thereof, or of
a musical work in graphic
form by reprographic means;
(c)
A compilation of data
and other materials;
If it is for a noncommercial
purpose, the likelihood must be
demonstrated. These factors are all
weighed in the "equitable rule of
reason" balance. Home timeshifting is fair use.
Of
Permission
from
all
the
authors/creators is necessary for
the transfer/assignment.
For
Films/Movies
ALL
the
writers/producers/song writers own
the copyright. But the producer
represents them.
Licenses vs. Transfer
A transfer of copyright is a
conveyance of ownership, much
like the sale of personal property.
When you transfer your entire
interest in a copyrighted work, or
one or more of your exclusive
rights under copyright, you give up
all claim to the right(s) you convey.
As to Transfer of Ownership
CASES
Copyright YES
License No. License only
involves the permission from
the author/creator of the
work and he retains
ownership over the
copyright.
vested in the
transferee.
Digital Works
Proving Copyright
Moral Rights
In intellectual creations, a
distinction must be made between
two classes of property rights; the
fact of authorship and the right to
publish and/or distribute copies of
the creation.
193.2.
To make any
alterations of his work prior
to, or to withhold it from
publication;
193.3.
To object to any
distortion, mutilation or other
modification of, or other
derogatory action in relation
to, his work which would be
prejudicial to his honor or
reputation; and
193.4.
To restrain the
use of his name with respect
to any work not of his own
creation or in a distorted
version of his work.
Moral Rights
Rights to Proceeds
Definition of Terms
Rights of Performers
Performers
Sound Recording
Producer of a sound recording
Publication
Broadcasting
Communication to the public
Fixation
Right to proceeds
Limitation on Right
Rights of Braodcasters
CHAPTER XV
LIMITATIONS ON PROTECTION
Limitations on Protection
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