Ma. Berna Joyce M.

Silvano 2D San Beda College of Law

July 13, 2011 Law on Intelectual Property

SALIENT PRINCIPLES IN LIP CASES

PEARL & DEAN (PHIL.), INCORPORATED, petitioner, vs. SHOEMART, INCORPORATED, and NORTH EDSA MARKETING, INCORPORATED, respondents. G.R. No. 148222. August 15, 2003

I.

Copyright extends only to the description or expression of the object and not to the object itself. Those that object where the expression copyrighted is to be found, attached, engraved or printed are not embraced by the said protection. Hence, such law does not give any leeway on what it stipulates because being a grant given by the law it must be interpreted strictly against the grantee.

II.

Copyright is purely statutory. This means that the law requires a strict construction of the provisions providing for the grant of copyright protection. This is in relation to Section 2 of PD 49 or The Intellectual Property Decree which gives us the list of works which may be covered by the said law. If a person has obtained a copyright in a particular category, what shall be protected are those only falling within such enumeration.

III.

No patent, no protection. If patent is not secured by a person claiming for protection, he cannot assert such right. This holds true even if the invention is patentable. It is due to the fact that the protection only comes from the grant through the issuance of the patent. Without it one cannot prevent other persons to use the thing for any purposes he may deem proper. The inventor having no right cannot exclude all others and allege infringement of patent.

IV.

Only the expression of an idea is protected by copyright, not the idea itself. As long as the concept is still in the mind it cannot afford protection from the law. There must be an effort on the part of the author to make the work material. This is due to the fact that the work must be attributed to the author for if otherwise the law will not be able to determine who to protect.

V.

One who has adopted and used a trademark on his goods does not prevent the adoption and use of the same trademark by others for product which is of a different description. This is still in relation to the strict construction of the law on the grant of protection. The failure to secure the registration for a certain thing will not result to infringement on such. The law will not extend protection which are not specifically provided and will not restrict the use of the mark if not included.

JESSIE G. CHING, petitioner, vs. WILLIAM M. SALINAS, SR., WILLIAM M. SALINAS, JR., JOSEPHINE L. SALINAS, JENNIFER Y. SALINAS, ALONTO SOLAIMAN SALLE, JOHN ERIC I. SALINAS, NOEL M. YABUT (Board of Directors and Officers of WILAWARE PRODUCT CORPORATION), respondents. I. Ownership of copyrighted material is shown by proof of originality and copyrightability. A work maybe said to be copyrightable or copyrighted if such if two requirements are satisfied, such as originality and some form of expression. It is also important that the work is within the scope or is included in the enumerations provided by law as copyrightable. To be original it does not mean to be unique but requires the use of skill and judgment originating from the author. It concept must be expressed and not merely an idea. If otherwise the right granted cannot be enjoyed. II. The works of applied art, original intellectual, literary and artistic works are copyrightable, useful articles and works of industrial design are not. As expressly provided by law what are copyrightable are those enumerated therein. The copyright being statutory in nature must be interpreted in the strictest sense. In this regard, industrial designs which are not included will not afforded of the protection. This is due to the fact that such things are being produced for their utility. If it is required to copyright it and placed in the exclusive right of the author to manufacture then, it will only result to monopoly which is detrimental to the society. III. Copyright, the strict sense of the term, is purely a statutory right. This means that the right of an author to exclude others from a work which originated from him is a grant of law. Being such, the law on copyright must be construed strictly against the grantee. The express provision of the law will not be interpreted as to give any leeway on the rule. This is in relation to the principle that if the law explicitly excludes others it shall not be included. IV. Trademark, copyright and patents are different intellectual property rights that cannot be interchanged with one another. The different concepts of the Law on Intellectual Property have their different meanings which should not be taken lightly. These words such as trademark, copyright and patents are under different laws which provides for varying rights and limitations. If these will me mistakenly interchanged the object of the law will be defeated to the detriment of the society as a whole. V. If the intrinsic function of an article is its utility, the fact that the work is unique and attractively shaped will not qualify as copyrightable This is in relation to industrial design which is not covered by the law on copyright. Such things are placed in the market mainly for the utility it gives which cannot be subject of such law for it will only result to monopoly. However such utility cannot be regarded as intrinsic function of a thing to justify it as copyrightable for if this will be so those that are made for ornamentation, furnishings or artistic effect will not be protected by law. Such construction of the provision of law is absurd and thus cannot be accepted.

ELIDAD C. KHO, doing business under the name and style of KEC COSMETICS LABORATORY, petitioner, vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM HAY, respondents. I. Trademark, copyright and patents are different intellectual property rights that cannot be interchanged with one another. The different intellectual property rights, if interchanged will have a detrimental result to the rights and privileges of the persons protected by law. This is because the object of the different laws relating to the said rights is consequently different. If these will me mistakenly interchanged the object of the law will be defeated to the detriment of the society as a whole. II. A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. Trademarks could be signs or symbols and is used to refer to any distinguishing attribute by which an individual or good is readily identified. This is important to be protected since the signs or symbols are associated by the consumers to a certain product. The association includes the quality and other characteristics of the goods or individual which may be determinant of its marketability. III. A trade name means the name or designation identifying or distinguishing an enterprise. The same as trademarks, this is important to be protected since the signs or symbols are associated by the consumers to a the particular enterprise. The association includes the quality of the services provided and other characteristics of the enterprise which may be determinant of its becoming in demand to the general market. IV. The scope of a copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation. The Law on Intellectual Property provides for the enumerations wherein the things may be determined if copyrightable or not. Aside from the requirement that it must be confined to literary or artistic works, two requirements must also be are satisfied, such as originality and some form of expression. It is also important that the work is within the scope or is included in the enumerations provided by law as copyrightable. To be original it does not mean to be unique but requires the use of skill and judgment originating from the author and concept must be expressed and not merely an idea. Further, the work does not need to be registered or copyrighted for it is already protected by law from the time of its conception. V. Patentable inventions refer to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. This is different than those previously explained for this refers to inventions which originated from its maker or has not been created by any other person or has not been known or used in public in any way. The invention must be capable of being made or used in some kind of industry. An invention is considered as involving an inventive step if it is not obvious to a skilled person having regard to development, as to device, technique, or scientific field, achieved at a particular time.