BUNA CRUZ, Greta M.

4-A

March 15, 2012

A.

1. X, a foreign corporation, registered in US the trademark of folgers. Y, in the Philippines, produces instant chocolate drink using polgers. Is Y liable for infringement

No, Y is not liable for infringement but for unfair competition. Generally, unfair competition consist in employing deception or any other means contrary to good faith by which any person shall pass of the goods manufactured by him or which he deals, or his business, or services for those of the one having established good will, or committing any acts calculated to produce such results. (Levi Strauss, nc. vs. Lim !"# S$%A &! &''()

!. Is X correct to sa" it is benefited b" #ell$kno#n mark rule, hence liable to file suit Yes, under Sec. *#*.# of %.A. (&+#, the owner of a well,-nown mar-, that is not registered in the .hilippines, may, against an identical or confusingly similar mar-, oppose its registration, or petition the cancellation of its registration or sue for unfair competition, without pre/udice to availing himself of other remedies provided for under the law.

Is it correct for Y to ha%e the defense that chocolate drinkers are different from coffee drinkers

&. Y registered barako as trademark of his chocolates. 'e later learned that X is registering barak in US a trademark of an instant chocolate dinks. Is Y eligible to file suit under the #ell$kno#n mark rule

No, Y is not eligible to file a suit under the well,-nown mar- rule. t failed to establish that the mar- is internationally -nown. 0eing territorial in application, tee is no automatic protection afforded an entity whose trade name is alleged to have been infringed through the use of that name as a trademar- of local entity. (1abushi-i 1aisha setan vs. A$ &'# S$%A !(# *++*)

(. X #ants to establish a manufacturing plant in the Philippines folgers. )*plain the t#o primar" re+uirements if a sister corporation has to undertake in the Philippines the production in this countr".

0. You are the grandson , granddaughter of -, a leader of a musical and. ., "our father, is the onl" child of -. You are the onl" child of "our father. 1. /oda", 0arch 1, !21&, "ou disco%ered among the files a musical piece. You pla"ed it on the piano and "ou are sure of its originalit". 3n this date, #ho is the o#ner of the musical piece of - died intestate on 4anuar" 1, !221 Support ans#er. 2he owner of the musical piece of A died intestate is 0, his child. As a general rule, the author or creator is the copyright owner or who en/oys the protection of e3clusivity from the moment of their creation, even no copyright has been formally

granted. After the death of the author or creator of the wor-, he would be succeeded by his heir or heirs who shall then become the copyright owner.

!. You are tempted to put "our name as the composer of the music. 5h" is it that it is not legal for "ou to place "our name as a composer 6i%e basis of ans#er. t is illegal for me to place my name as the composer because am not the author of the musical piece. 4oing so would ma-e me liable for infringement, for violating owner5s e3clusive rights conferred by law. Author shall, independently of economic rights or grant of an assignment or license with respect to such right, have the right to re6uire the authorship of wor-s be attributed to him, in particular, right that his name, as far as practicable, be indicated in a prominent way on copies, and in connection with the public use of his wor- (Sec. *+#, %.A. (&+#)

&. You re%ealed to "our father the e*istence of the musical piece. So . asked "ou, 5ho is the cop"right o#ner once #e cop"right this #hat is "our ans#er to "our father 0, his father, is the copyright owner of the musical piece once it is copyrighted through succession. After the death of the author or creator, he would be succeeded by his heirs who shall then become the copyright owners.

(. Your father asked again, I #ant "ou to be the cop"right o#ner. 5hat #ould "ou do to ha%e it )*plain. 2here must be an assignment, conveyance, or sale in whole or in part his copyright. 2he conveyance, however, should be in writing and duly registered or recorded in the National Library. t must be noted however that under Sec. *(* of %.A. (&+# the transfer of

the material ob/ect of the wor- does not include the transfer of the copyright which is distinct and separate property of the creator or author.

7. You #ere able to obtain the certificate of cop"right on -pril 1, !21&, through X corporation, the music pla"ed b" an orchestra #as fi*ated into this. /hat #as alread" 8ecember !21&. Up to #hen does the cop"right of the music under "our name subsist )*plain. 2he copyright of the music under my name subsist !' years from the date of fi3ation. 2he term of protection shall be counted from the * S2 day of 7anuary of the year following the death or of last publication (Sec. &*8, %.A. (&+#). t is fi3ation that defines the time from when copyright subsists. 2he fi3ated performance, according to law, shall in turn become an original wor- (S9$. *"&, %.A. (&+#), which would be sub/ect of and protected by law on copyright.

9. Soon thereafter, in earl" !21(, X corporation con%inced "ou that the musical piece #hich is no# %er" popular be adopted into a song. /he l"rics #ere #ritten b" -tt". :ergara and #as performed b" -tt". 0ondok, the financer of the recording and the production of song #as X corporation. 5ho must be the cop"right o#ner Atty. :ergara is the copyright owner by virtue of a derivative wor-. 2he derivative wor- is considered as ;new wor-< that is to be copyrighted. As a rule, the copyright of the original wor- from which the derivative wor- was adopted shall not e3tend to the latter. =owever, it is submitted that the copyright owner has the authority to give the right to ma-e a derivative wor-, the same being among the e3clusive economic rights.

;. In a concert, -tt". 0ondok sang cop"righted songs including the one #hose music #as composed b" -. 8uring the performance of -tt". 0ondok, #hat are the re+uirements so the performance ma" fi*ate a. %ight or authori>ing broadcasting and fi3ation b. 2he right of authori>ing the direct or indirect reproduction of their performances fi3ed in sound recordings, in any manner or form c. 2he right of authori>ing the first public distribution of the original and copies of their performance through sale or rental d. %ight of authori>ing the commercial rental to the public even after the first public distribution e. %ight of communication to the public their fi3ated performance

1. Y <orporation, a mo%ie producer informed "ou that the music composed b" - is suitable as primar" musical scoring of its upcoming mo%ie. 5ould "ou be a cop"right o#ner of the mo%ie once it is produced and the music composed b" - is incorporated No. copyright is limited when the use of wor- is for publication, broadcast, or other communication to the public, sound recording, or film, if such inclusion is made compatible with fair use, provided that the source or name of the author is mentioned (Sec. *(8, %.A. (&+#) =. You agreed to sell all the cop"right of the music to Y <orporation. 5hat #ould be the last "ear the follo#ing rights be e*ercised #hen the sale took place in !219

a. >ight to gross sale on subse+uent transfers

will have an inalienable right to participate in the gross proceeds of the sale to the e3tent of !? which will e3ist during author5s lifetime and for !' years after his death (Sec. &'', %.A. (&+#).

b. 0oral right @oral right shall last during author5s lifetime and for !' years after his death.