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Intellectual

Property in the
Philippines
COPYRIGHT
Intellectual Property

MEANING PURPOSE

human creations ensure proper recognition


protected by the law and remuneration
to whom it is due
Intellectual Property
01 PATENT

02 TRADEMARK

03 COPYRIGHT
Intellectual Property
01 PATENT HOW IT WORKS

02 TRADEMARK WHAT IT’S CALLED

03 COPYRIGHT WHAT IT SAYS


COPYRIGHT (What it says)
Protection given to the owner of an original work or a derivative work
COPYRIGHT (What it says)
Protection given to the owner of an original work or a derivative work

ORIGINAL WORK - “first of its kind”

DERIVATIVE WORK - based on pre-existing work


COPYRIGHT (What it says)
Protection given to the owner of an original work or a derivative work

● Literary
● Music
● Choreography
● Illustration
● Models and/or Designs
● Audiovisual and Cinematography
● Computer Programs
COPYRIGHT (What it says)
The owner is entitled to economic rights and moral rights
COPYRIGHT (What it says)
The owner is entitled to economic rights and moral rights

ECONOMIC RIGHTS - enable the creator to receive profit gains should his
works be distributed by 3rd parties

MORAL RIGHTS - protect the connection between the creator and his work
COPYRIGHT (What it says)
RESALE RIGHTS RELATED RIGHTS
“inalienable right” “neighboring right”

assures the author and his/her heirs the rights of those who helped and/or
5% of proceeds of the sale or lease of aided the author in producing his/her
his work during his/her lifetime up to work
50 years after his/her death
COPYRIGHT (What it says)

INFRINGEMENT
COPYRIGHT (What it says)
Section 216 of Republic Act No. 10372

“acts constituting infringement”

● Directly commits an infringement against copyright


● Benefits from the infringing activity of another person
● With knowledge of infringing activity
COPYRIGHT (What it says)
Section 216 of Republic Act No. 10372 VIOLATOR

“acts constituting infringement” ● actual damages


● legal costs
● expenses due to infringement
● Directly commits an infringement ● profits earned by the
against copyright infringement
● Benefits from the infringing activity of
COPYRIGHT OWNER
another person
● With knowledge of infringing activity ● award of statutory damages
(>P50,000.00)
COPYRIGHT (What it says)
La Concepcion College vs. Catabijan

Prosecution: Raymund Sta. Maria Catabijan


Defendant: La Concepcion College
Facts of the case:
● prosecution sued defendant for P608,450.00
● prosecution claimed that the defendant directly copied his work books in
order to sell to students
Verdict: GUILTY

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