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Cebu City
COLLEGE OF LAW
COURSE SYLLABUS
III.COURSE DESCRIPTION : This subject is a study of the law on copyrights, trademarks, patents and special laws related to
Intellectual Property Rights as contained in the contained in the Intellectual Property Code.
IV.COURSE PREREQUISITE : NA
VI.GENERAL OBJECTIVES : The students are expected to gain thorough knowledge and understanding about the basic
Intellectual Property ecosystem particularly copyright, trademarks and patents and
how they impact the nation’s economy and the global economy. The students are
required to be familiar with international IP conventions such as the Agreement on Trade
Related Aspects on Intellectual Property Rights (TRIPS Agreement), the Berne Convention and
the Paris Convention.
VII. COURSE OUTLINE
To enable students to define VI. Law on Trademarks 6th meeting Recommended book of Salao
trademarks, its purposes and rights 6.1 Definitions of marks, collective A combination ( pages 123-221 of Salao’s book)
conferred by it marks and trade names (Sec. 121) 2 hours for of the
including Container marks under RA 6.1 to 6.6 following shall Secs. 121-170 of the IP Code
To describe in detail how rights to a 623 including be adopted for
mark are acquired as compared to the the different Powerpoint presentation
one’s rights to a tradename and 6.2 Functions of a Mark relevant content items
relate it vis a vis the rights of a prior cases (No. whenever Illustrative cases for 6.1 to 6.6
user under RA 166 6.3 Concept of Origin 23 to 33) applicable and
deemed more 23. Ang v. Teodoro (74 Phil 50)
To know when marks cannot be 6.4 How Rights to a Mark are Acquired effective : 24. Mirpuri vs. Court of Appeals,
registered a) under Sec. 2 of RA 166 G.R. No. 114508 November 19,
To recognize the criteria set by b) under Sec. 122 of RA 8293 a) Oral Recitation 1999
law for one to be considered as well- c) under RA 623 25. (2010) Superior Commercial
known marks b) Quizzes or short Enterprises Inc. vs. Kunnan
6.5 How Rights to a Tradename are exercises Enterprises and Sports Concept
To have a good grasp of the different Acquired and Distributors Inc., G.R.
legal concepts such as confusion of c) Long exams No. 169974, April 20, 2010
goods versus confusion of business 6.6 Prior Use of a Mark as a Requirement 26. (2010) Coffee Partners,
and dominancy test versus the holistic - under RA 166 Inc. vs. San Francisco Coffee &
test - under RA 8293 d)Submission of Roastery, Inc., GRN. 2010 G.R.
- who prevails prior user under RA written reports No. 169504 March 3, 2010
To illustrate the use of the NICE 166 or registrant under RA 8293
Classification by simulating the e) Simulation of 27. De La Salle Montessori
registration process to have an idea 6.7 What are non-registrable marks 7th meeting the registration International of Malolos, Inc. vs.
how to register a trademark under Sec. 123? 6.7 to 6.16 process for De La Salle Brothers, Inc. et al.,
including trademarks G.R. No. 205548, February 7,
To evaluate the remedy appropriate 6.8 Misleading as to geographical origin the cases 2018
to a given situation by understanding from #34 to f) Case digest 28. Shangrila Hotels vs. DGCI, GR
relevant jurisprudence on trademark 6.9 Indicative of quality of geographical 43 No. 159938, March 31, 2006
infringement, unfair competition, origin g) Group reporting
cancellation of trademarks, injunction Illustrative cases for 6.7 to 6.9
and the grant of damages 6.10 Identical mark with respect to MIDTERMS h) panel discussion
a) same goods (Sept 30 to 29. Joseph Matal v. Simon Tam 582
To understand the prevailing b) dissimilar goods Oct. 5 U. S. ____ (2017)
doctrines in trademark law as c) closely related goods 30. ABS-CBN Publishing, Inc. v.
enunciated by the Supreme Court in - Concept of Confusion of goods vs. Coverage : Director of the Bureau of
its most recent decisions Confusion of business Topics 5.9 Trademarks, G.R. No. 217916,
to 6. 19 and [June 20, 2018]
To determine whether cases decided 6.11 Tests to determine confusing cases from 31. Berris v Abyadang, GRN 183404,
prior to RA 8293 still apply similarity between marks #18 to 43 Oct. 13, 2010
a) Dominancy Test Misleading as to geographical origin
b) Holistic Test 32. (2011) FREDCO Manufacturing
Corp. vs. President and Fellows
6.12 NICE Classification of Harvard College, GRN
185917, June 1, 2011
6.13 Well-known marks – Sec 123.1 (e)
Art. 6bis of the Paris Convention 33. Forietrans Manufacturing
> same goods - La Chemise Corp., et. al vs. Davidoof Et.
Lacoste; Mirpuri v. CA Cie SA & Japan Tobacco Inc.,
> dissimilar goods March 6, 2017
> Theory of Dilution
Illustrative Cases for 6.10 A
6.14 Sec. 20 of RA 166 vs. Sec. 138 of
the IP Code 34. Mighty Corp. vs. E.J Gallo
Winery [G.R. No. 154342. July
6.15 Application for Registration -Secs.
124 to 143 (take note of Sec.124.2) 14, 2004]
- Maintenance/Renewal of
registration(Sec. 146) 35. Societe Des Produits, Nestle,
- Excusable non-use (Sec. 152) S.A. v. Puregold Price Club,
G.R. No. 217194, Sept. 6, 2017
6.16 Rights conferred by registration (Sec. (J. Carpio)
147-150)
36. MANG INASAL PHILIPPINES,
6.17 Rights by third parties of names INC.vs. IFP MANUFACTURING
similar to registered mark CORPORATIO(G.R.N. 221717,
19 June 2017(J. Velasco,Jr. )
6.18 Cancellation of Registration –
Sections 151-154 37. Kolin vs. Kolin, GRN 209843,
6.19 License Contracts – Section 150 8th Meeting March 25, 2015
6.20 Infringement and Remedies (Secs. 6.20 up to 38. Emerald v. CA, G.R. 100098
155-164, 166 6.22 (Cases (1995)
a) Trademark Infringement # 44 to 49
b) Damages 39. Emerald Garment
c) Requirement of Notice Manufacturing Corporation Vs.
The H.D. Lee Company, Inc.
6.21 Unfair Competition G.R. No. 210693. June 7, 2017
6.22 Collective marks (J. Reyes)
6.23 Criminal penalties for infringement 9th meeting 40. Seri Somboonsakdikul Vs.
,unfair competition, false designation 6.23 to 6.24 Orlane S.A.
of origin, and false description or (Cases #50- G.R. No. 188996. February 1,
misrepresentation 59) 2017 (J. Jardeleza
VIII. EVALUATIVE MEASURES : A combination of the following evaluation methods shall be done for the different content items whenever
applicable and deemed more effective:
a) Oral recitation
b) Written examination
c) Simulation exercises
d) Submission of case digests
e) Submission of reaction papers
IX. COURSE REQUIREMENTS : Class standing – 40% ( this comprises of quizzes, prelim exam, semifinal exam, written and oral reports,
and other projects) In particular the 40 % is further subdivided into the following :
The final grade is the result of the following : (Grade in the Midterm Period + Grade in the Final Period
divided by 2)
X. REFERENCES : Recommended Text Book : The Essentials of Intellectual Property Law by Ernesto Salao
Useful websites : www.ipophil.gov.ph;www.wipo.int