Professional Documents
Culture Documents
Geographic indications
Industrial designs
Patents
Layout
Integrated Circuits
designs
(Topographies)
of
B. Patents
a. Patentable Inventions
Any technical solution of a problem in any field of human activity
which is new, involves an inventive step and is industrially
applicable. It may be, or may relate to, a product, or process, or
an improvement of any of the foregoing. (Sec. 21)
b. Non-Patentable Inventions
a. Discoveries,
methods
scientific
theories
and
mathematical
c. Right of Priority
in
an
action
for
Use
by
Government
A
government agency or third person
authorized by the government may
exploit invention even without
agreement of a patent owner
where:
a. Public interest, as determined
by the appropriate agency of
the government, so requires;
or
b. A judicial or administrative
body has determined that the
Use
of
a
patented
process
without
authorization of the owner of the patent (Sec.
76, IPC)
Doctrine of Equivalents
i. Licensing
a. Voluntary
The grant by the patent owner to a third
person of the right to exploit a patented
invention.
b. Compulsory
The Director of Legal Affairs may grant a
license to exploit a patented invention, even
without the agreement of the patent owner, in
favor of any person who has shown his
capability to exploit the invention, under any of
the following circumstances:
National
emergency
or
other
circumstances of extreme urgency
Where the public interest, in particular,
national security, nutrition, health or the
Partial
o Separate rights assignment of a specific
right (ex: right to sell)b.
o Pro Indiviso assignment of an aliquot
part which results in coownership
C. Trademarks
Non-Registrable Marks
Well-Known Marks
Unfair Competition
o The passing off of ones goods as those of another.
Collective Marks
D. Copyrights
Copyrightable Works
o Original Works
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations
prepared for oral delivery, whether or not reduced in
writing or other material form;
(d) Letters;
(e) Dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb
shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture,
sculpture, engraving, lithography or other works of
art; models or designs for works of art;
Non-Copyrightable Works
o Idea, procedure, system, method or operation, concept,
principle, discovery or mere data as such
o News of the day and other items of press information
o Any official text of a legislative, administrative or legal
nature, as well as any official translation thereof
o Pleadings
Statutes
Limitations on Copyright
o Doctrine of Fair Use
Fair use permits a secondary use that serves the
copyright objective of stimulating productive thought and
public instruction without excessively diminishing the
incentives for creativity.
o The purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purpose;
o The nature of the copyrighted work;
o The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
o The effect of the use upon the potential market for or
value of the copyrighted work.
Note: The fact that a work is unpublished shall not by
itself bar a finding of fair use if such finding is made
upon consideration of all the above factors. (Sec.
182.2, IPC)
o Copyright Infringement
It is the doing by any person, without the consent of the
owner of the copyright, of anything the sole right to do
which is conferred by statute on the owner of the
copyright. The act of lifting from anothers book substantial
portions of discussions and examples and the failure to
acknowledge the same is an infringement of copyright.
(Habana v. Robles, G.R. No. 131522, July 19, 1999)
b.
statements of
of the affiants)
his witnesses
the scheduled
within its jurisdiction shall not be strictly bound by the technical rules
of evidence.
When an answer fails to tender an issue or otherwise admits the
material allegations of the adverse partys pleading, the Director may,
on motion of said adverse party, render judgment on such pleadings.
Any party seeking to recover upon a petition, a claim, counterclaim or
cross-claim or against whom a petition, claim, cross-claim or
counterclaim is asserted may, at any time after the issues are joined,
move with supporting affidavit, depositions or admissions of parties,
for a summary judgment in his favor as to all or any part thereof. The
motion shall be served at least ten (10) days before the time specified
for the hearing. The adverse party may file with the Bureau and serve
opposing affidavits at least three (3) days prior to the day of hearing.
After the hearing, the judgment sought shall be rendered forthwith if
the pleadings, depositions and admissions on file, together with the
affidavits, show that there is no genuine issue as to any material fact
and that the moving party is entitled to a judgment as a matter of law.