Annex A - CLASSES OF MERCHANTS

Foreign Merchants Filipino Merchants

To be a merchant in the Philippines, foreign individuals are: To be a Filipino merchant, an individual must have:
1. Subject to the laws of their country with respect to their capacity to 1. Legal capacity to engage in commerce
contract 2. Habitually engage himself therein
2. Subject to the provisions of the Code of Commerce as regard the 3. Be 18 years of age (RA 6809)
creation of their establishments in Philippine territory, their 4. Not subject to the authority of the father or the mother not to
mercantile operations and the jurisdiction of the Philippine courts marital authority
5. Free disposition of his property (Art. 1 and Art. 4, Code of
Commerce)
To be a merchant in the Philippines, foreign corporations need a license A Filipino corporation or association, to be a merchant, must be:
from the Securities and Exchange Commission, as a general rule. 1. Commercial or industrial companies
2. Created in accordance with existing legislation
The above-mentioned provisions shall be understood to be without 3. With legal capacity to engage in commerce and;
prejudice to what, in particular cases, may be established by treaties or 4. Habitually engaged therein.
agreements with other powers. (Art. 15, Code of Commerce)

Annex B – RULE ON COMMERCIAL REGISTRIES

Individual merchants Juridical Persons Shipowners

1. Where to register In Metro Manila: Bureau of Securities and Exchange Commission Bureau of Coast Guard at the various points
Domestic Trade of entry in the Philippines

In the provinces: Register of

Deeds
2. Registration: Optional
Optional or mandatory
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3. Effect of Failure to Individual merchant cannot:
Register 1. request the inscription of
any document in the
mercantile registry nor
2. take advantage of its
effects
(Article 18, Code of Commerce)
Compulsory Compulsory – for those with more than a
gross tonnage of 3 tons
Partnerships with a capital of 3,000
pesos or more or where the contributions Issuance of Certificate of Philippine registry
consists of real properties is compulsory. 1. compulsory - if vessel is more than 15
(Article 1772, Civil Code) tons gross
2. optional – if vessel is 15 tons gross or
less
Corporations: Failure to register the
articles of incorporation will not create
the corporation.
Partnerships: Failure to register does not
affect the existence of the juridical
personality, whether or not it has a
capital of 3,000 pesos or more or real
estate properties in contributions by the
 partners.
Annex C – COMPARISON OF JOINT ACCOUNT AND COMMERCIAL PARTNERSHIP

Joint Account Commercial Partnership

1. Common name None Exists
2. Common fund None Exists
3. Juridical personality None Exists
4. Liability of partners to Only the ostensible partner is liable. All general partners are liable to third persons.
third persons
5. Management Account is managed by the ostensible partner alone. All partners participate in the management, unless they agree
to have a managing partner.

Annex D – COMMON TYPES OF LETTERS OF CREDIT

1. Irrevocable vs. Revocable - can be cancelled or amended at any time before payment; it is intended to serve as a means of
Revocable arranging payment but not as a guarantee of payment.

Irrevocable – obligates the issuing bank to honor drafts drawn in compliance with the credit and can be neither
cancelled nor modified without the consent of all parties, including in particular the beneficiary/exporter.
2. Confirmed vs. Confirmed – Both the drawer bank and the drawee bank are obligated to honor drafts in compliance with the
Unconfirmed credit.

Unconfirmed – is the obligation only of the issuing bank.

3. Revolving vs. Revolving – is one that is valid for several transactions over a given period of time such as a week or a month.
Non-Revolving Most revolving letters of credit are issued in revocable form.

Non-revolving – is one that is valid for one transaction only.

4. Cumulative vs. Cumulative – is one wherein the undrawn amounts carry over to the future periods.
Non-Cumulative
Non-cumulative – is one wherein any amount not used by the beneficiary during the specified period may not
be drawn against in a later period.
5. Standby Letter A security arrangement for the performance of certain obligations. It can be drawn against only if another
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They cannot be controverted into contracts of guaranty because banks are not allowed to enter into contracts
of guaranty or surety except in certain instances. This class of letters of credit are primary obligations, not
accessory contracts. (Insular Bank of Asia vs. IAC et.al, G.R. No. 74834, November 17, 1988)
6. Back to Back A credit with identical documentary requirements and covering the same merchandise as another letter of
Letter of Credit credit, except for a difference in the price of the merchandise as shown by the invoice and the draft. The
second letter can be negotiated only after the first is negotiated.
Annex E – OTHER LIABILITIES OF A WAREHOUSEMAN

Situations Effects
Failure to mark a A holder of a receipt who acquired the same for value supposing it to be negotiable may treat such receipt as
receipt intended to imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable.
be non-negotiable
as “non-negotiable” Note: The ‘holder’ cannot be the original holder because, as the depositor, he is presumed to know whether he is
getting a negotiable or a non-negotiable receipt.
Failure to take up The warehouseman shall be liable for failure to deliver goods to anyone who purchases for value in good faith the
and cancel a receipt, whether or not purchaser acquired title to the receipt before or after the delivery of goods by the
negotiable receipt warehouseman.
(i.e. one the
negotiation of which He shall be also guilty in such case of a crime punishable by fine, imprisonment or both.
would transfer the
right to the Exception: Warehouseman is not liable where the goods:
possession of the 1. have been lawfully sold to satisfy the warehouseman’s lien
goods) when goods 2. have been lawfully sold or disposed of because of their perishable or hazardous nature.
are delivered

Failure to take up The warehouseman shall be liable for failure to deliver goods to anyone who purchases for value in good faith the
and cancel a receipt, whether or not purchaser acquired title to the receipt before or after the delivery of goods by the
negotiable receipt or warehouseman.
to place upon it a
statement of what He shall be also guilty in such case of a crime punishable by fine, imprisonment or both.
goods have been
delivered, when Exception: Warehouseman is not liable where the goods:
goods are partly 1. have been lawfully sold to satisfy the warehouseman’s lien
delivered 2. have been lawfully sold or disposed of because of their perishable or hazardous nature.
Altered receipts 1. Where alteration is immaterial – warehouseman shall be liable according to the terms of the receipts as
originally issued.
2. Where alteration is authorized – warehouseman shall be liable according to the terms of the receipts as
altered.
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according to the terms of the receipts as they were before the alteration
4. Where the alteration is material and with fraudulent intent – warehouseman shall be liable according to
the terms of the receipts as originally issued even:
a. To a purchaser of a receipt for value without notice of the alteration
b. To a person who made the alteration and
c. To any person who took it with notice of the alteration.
Note: Such material and fraudulent alteration shall excuse the warehouseman from any other liability to the said
persons.
Non-existence or General Rule: Warehouseman liable to the holder of a receipt for damages.
misdescription of Exceptions: No such liability if the goods are described in the receipt merely –
 goods a. By a statement of marks or labels upon them or upon the packages containing them
b. By a statement that the goods are of a certain kind or that the packages containing the goods contain
goods of a certain kind or by words of similar import
Situations Effects
Commingled goods Warehouseman shall be liable severally to each depositor for the care and re-delivery of the depositor’s share of
the mass of commingled goods to the same extent and under the same circumstances as if the goods had been
kept separate.
Issuing receipts for Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
goods not received
Issuing receipts Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
containing false
statements
Issuing duplicate General Rule: Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
receipts not so Exception: In case of a lost or destroyed receipt after proceedings as provided for in Sec. 14
marked
Issuing receipts for Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
the warehouseman’s
goods which do not
state the fact that
goods are owned by
him (the
warehouseman),
solely or jointly or in
common with others.
Delivery of goods Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.
without obtaining
negotiable receipt

Note: Liability for the aforementioned acts is not limited to the warehouseman only but may extend to any officer, agent or servant of the warehouseman.

Annex F – NEGOTIABLE INSTRUMENTS vs. NEGOTIABLE DOCUMENTS OF TITLE

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Negotiable Instruments Negotiable Documents of
Title

Have requisites of Sec. 1 does not contain requisites

of the NIL
Have right of recourse
against intermediate
parties who are
secondarily liable
Holder in due course
may have rights better
than transferor
Subject is money
Instrument itself is
property of value
of Sec. 1 of NIL
no secondary liability of
intermediate parties
transferee merely steps into
the shoes of the transferor
subject is goods
instrument is merely
evidence of title; thing of
value are the goods
mentioned in the document

Annex G – NEGOTIABLE INSTRUMENTS VS. NON-NEGOTIABLE INSTRUMENTS

Negotiable Non-negotiable Instruments

Instruments
Contains all the Does not contain all the
requisites of Sec. 1 of requisites of Sec. 1 of the NIL
the NIL
Transferred by Transferred by assignment
negotiation
Holder in due course Transferee acquires rights only
may have better of his transferor
rights than transferor
Prior parties warrant Prior parties merely warrant
payment legality of title
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of recourse against recourse
intermediate parties
Annex H – REMEDIES OF THE TRUE AND ACTUAL INVENTOR

Section 68. If a person, who was deprived of the patent, without his consent or
through the fraud is declared by final court order or decision to be the true and
actual inventor, the court shall:
1. Order for his substitution as patentee or
Section 67. The person having the right to the patent, pursuant to Section 68,
may, within three (3) months after the decision has become final:
1. Prosecute the application as his own application in place of the
applicant;
2. At the option of the true inventor, cancel the patent and
3. Award actual and other damages in his favor, if warranted by the
circumstances.
(Section 69) Publication of the Court Order in Sections 67 and 68 must be
made in the
1. IPO Gazette,
2. Within three (3) months from the date such order or decision became
final and executory and
3. Shall be recorded in the register of the Office.
Annex I – REMEDIES OF A PATENT OWNER AGAINST INFRINGEMENT
CIVIL ACTION FOR INFRINGEMENT
WHO MAY FILE –
1. Any patentee
2. Anyone possessing any right, title or interest in and to the patented
invention whose rights have been infringed
Be CIVILLY LIABLE for:
1. damages sustained thereby – if inadequate or cannot be readily
ascertained with reasonable certainty, the court may award by way of
damages a sum equivalent to reasonsable royalty. Court, according to
the circumstances of the case, may award damages in a sum above the
amount found as actual damages sustained, provided it does not
exceed three (3) times the amount of such actual damages.
2. attorney’s fees and other expenses of litigation
COURT may –
1. upon petition of the aforementioned, order an injunction for the
protection of the rights of a patentee or anyone possessing any right,
title or interest in and to the patented inventions whose rights have been
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2. in its discretion, order that the infringing goods, materials and
implements predominantly used in the infringement be disposed of
outside the channels of commerce or destroyed, without compensation.
Annex J – PROHIBITED CLAUSES AND MANDATORY CLAUSES IN A VOLUNTARY LICENSING CONTRACT
PROHIBITED CLAUSES - Except in cases under Section 91, the following
provisions shall be deemed prima facie to have an adverse effect on
competition and trade:
2. File a new patent application in respect of the same invention;
3. Request that the application be refused; or
4. Seek the cancellation of the patent, if one has already been issued.
The new patent application in this section shall also comply with the
requirement of the unity of invention rule.
(Section 70) Time to file Action in Court – Actions in Sections 67 and 68
must be filed within one (1) year from the date of the publication of the
application and the refusal to grant patent by the Director, respectively.
CRIMINAL ACTION FOR REPETITION OF INFRINGEMENT
WHAT - Infringement is repeated
WHO MAY BE HELD LIABLE – The infringer or by anyone in connivance with
him
WHEN – After the finality of the judgment of the court against the infringer
Be CRIMINALLY LIABLE therefore, and upon conviction, shall:
1. suffer imprisonment for the period of not less than six (6) months but
not more than three (3) years and/or
2. fine not less than One hundred thousand pesos (P100,000) but not
more than Three hundred thousand pesos (P300,000), at the discretion
of the court.
WITHOUT prejudice to the institution of a civil action for damages
PRESCRIPTION – Crime shall prescribe in three (3) years from the date of the
commission of the crime
MANDATORY CLAUSES – The following provsions shall be included in a
voluntary license contract
 1. those which impose upon the licensee the obligation to acquire them 1. That the laws of the Philippines shall govern the interpretation of the
from a specific source capital goods, intermediate products, raw same and in the event of litigation, the venue shall be the proper court
materials and other technologies, or of permanently employing in the place where the licensee has its principal office;
personnel indicated by the licensor; 2. Continued access to improvement in techniques and processes related
2. those pursuant to which the licensor reserves the right to fix the sale or to the technology shall be made available during the period of the TTA;
resale prices of products manufactured on the basis of the license; 3. In the event the technology transfer arrangement shall provide for
3. those that contain restrictions regarding the volume and structure of arbitration, the Procedure for Arbitration of the Arbitration Law of the
production; Philippines or the Arbitration Rules of the United Nations Commission
4. those that prohibit the use of competitive technologies in a non- on International Trade Law (UNCITRAL) or the Rules of Conciliation
exclusive technology transfer agreement; and Arbitration of the International Chamber of Commerce (ICC) shall
5. those that establish a full or partial purchase option in favor of the apply and the venue of arbitration shall be the Philippines or any
licensor; neutral country; and
6. those that obligate the licensee to transfer for free to the licensor the 4. Philippine taxes on all payments relating to TTA shall be borne by the
inventions or improvements that may be obtained through the use of the licensor.
licensed technology;
7. those that require payment of royalties to the owners of patents for
patents which are not used;
8. those that prohibit the licensee to export the licensed product unless
justified for the protection of the legitimate interest of licensor such as
exports to countries where exclusive licenses to manufacture and/or
distribute the licensed products have already been granted;
9. those which restrict the use of the technology supplied after the
expiration of the technology transfer arrangement, except in cases of
early termination of the TTA due to reasons attributable to the licensee.
10. those which require the payment for patents and other industrial
property rights after their expiration, termination arrangement;
11. those which require that the TTA recipient shall not contest the validity
of any of the patents of the technology supplier;
12. those which restrict the research and development activities of the
licensee designed to absorb and adapt the transferred technology to
local conditions or to initiate research development programs in
connection with new products, processes or equipment;
13. those which prevent the licensee from adapting the imported
technology to local conditions, or introducing innovation to it, as long as
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responsibilities under the TTA and/or liability arising from third party
suits brought about by the use of the licensed product or the licensed
technology and
15. other clauses with equivalent effects

Annex K - GROUNDS FOR THE GRANT OF COMPULSORY LICENSE

PUBLIC INTEREST GROUNDS TO PREVENT ABUSE OF THE GROUNDS BASED ON INTERDEPENDENCE OF

EXCLUSIVE RIGHTS OF THE PATENTEE PATENTS
 1. National emergency or other circumstances
of extreme urgency
2. Where the public interest in particular
national security, nutrition, health or the
development of other vital sectors of the
national economy as determined by the
appropriate agency of the government, so
requires
1. Where judicial or administrative body has
determined that the manner of exploitation
by the owner of the patent is anti-
competitive
2. In case of non-commercial use of the patent
without satisfactory reason
3. If the patented invention is not being worked
in the Philippines on a commercial scale
provided that the importation of the patented
article shall constitute working of the patent
(the petition for compulsory license based
on this ground may not be filed before the
expiration of four (4) years from the date of
the filing of the application or three (3) years
from the date of the patent whichever
expires last)
If the invention protected by a patent (second
patent) within the country cannot be worked without
infringing another patent (first patent) granted on
prior application, a compulsory license may be
granted to the owner of the second patent if: first, if
the second patent involves an important technical
advance of considerable economic significance;
second, the owner of the first patent shall be entitled
to a cross license of the second patent and third, the
use of the first patent shall be co-assignable except
with the assignment of the second patent.

Annex L – GROUNDS FOR REFUSAL OF TRADEMARK REGISTRATION

ABSOLUTE GROUNDS FOR REFUSAL RELATIVE GROUNDS FOR REFUSAL

The examiner checks if the mark can distinguish the goods and services The examiner also checks if the mark does not violate the rights of
of one person from those of another. It must not: others. It must not:
1. Consist the flag or coat-of-arms of other insignia of the
1. Be a generic term for the goods or services specified in the application; Philippines or of any other foreign nation;
2. Designate the quality, quantity, value, geographic origin or other 2. Consist of a name, portrait or signature identifying a living individual or
characteristics of the goods; the name, signature of a deceased president of the Philippines during the life of
3. Become a customary sign in everyday language or in a bona fide and his widow (written waivers are allowed to obtain their registration);
established trade practice; 3. Be identical with or nearly resembles a prior registered mark
4. Consist of shapes that may be necessitated by technical factors or by or a mark with an earlier filing date with respect of the same or closely related
the nature of or the intrinsic value of the goods or services;
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Consist of color alone; and source or origin of the goods or services;
6. Be contrary to public order or morality. 4. Be identical with or confusingly similar to an internationally well-known
mark, whether or not registered in the Philippines; provided that:
a. If it is not registered in the Philippines, it can be a basis to refuse the
registration of a mark only if the goods or services specified in the application
are identical or similar to those in respect of which the internationally well-
known mark is known or used in the Philippines; and
b. If it registered in the Philippines, it can be a basis to refuse the
registration of a mark even if the goods or services specified in the application
are not identical or similar with those in respect of which the internationally well-
 known mark is registered in the Philippines.

Annex M – TRADEMARK INFRINGEMENT vs. UNFAIR COMPETITION

TRADEMARK INFRINGEMENT UNFAIR COMPETITION

What Is? Unauthorized use of a trademark Passing off of one’s product for another based on
general appearance
Bad faith/intent No. Intent to deceive/fraudulent intent is essential.
necessary?
Registration of the Prior registration is required. Registration is not necessary.
trademark required?

Annex N – CIVIL, CRIMINAL AND ADMINISTRATIVE REMEDIES AGAINST TRADEMARK INFRINGEMENT

ADMINISTRATIVE CIVIL CRIMINAL

If the amount of the damages claimed is not less than
to seek redress against the infringer by filing an
administrative action against the infringer with the
BLA.
The questions that the BLA will have to resolve are
also the same as in the civil action for infringement
as discussed above.
The registrant may likewise ask the BLA for an
order directing the infringer to immediately stop the
manufacture and sale of the infringing goods while
the administrative case is being heard. The BLA
may, like the courts, in case of a finding that
infringement has been committed, direct the
infringer to pay the registrant damages and to
permanently stop from using the infringing mark.
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the infringer will pay to the government.
To quickly prevent the infringer from causing
damage to his business, the owner of a registered
mark may, at the early stage of the trial of the
case, ask the court to issue a preliminary injunction.
The court usually grants this request if the case for
infringement is strong.
In case of a finding that there is an infringement,
the court will require the defendant to pay damages
to the owner of the mark (provided the
defendant is shown to have had notice of the
registration of the mark, which is presumed if “R”
within a circle is appended to the mark) and stop
him from permanently using the infringing mark.
The requirements to establish an infringement are:
1. The mark infringed is registered with the BT,
and
2. The defendant is using an identical or
similar sign which is likely to deceive or confuse
consumers that the goods of the infringer are the
products of the registrant. A presentation of the
goods or labels using the registered mark and the
goods or labels bearing the infringing mark may be
necessary.
The first step is to carry out an investigation of the
operations of the infringer to determine:
1. The identity of the manufacturer or its
affiliates; where he manufactures the infringing
goods; and
2. His marketing network.
The next step is to apply with the court for the
issuance of an order to search the places where the
infringement is being carried out and to seize the
infringing goods. The judge, after a hearing, issues
the search and seizure warrants only if there is
“probable cause” that infringement has been
committed. The police or the National Bureau of
Investigation (NBI) will conduct the raid and the
infringing goods seized will be placed under custody
of the court.Thereafter, a complaint will be filed with
the State Prosecutor who will hold a hearing and, on
the basis of evidence presented, decide whether to
charge the alleged infringer of the crime of trademark
or service mark infringement. If he decides
affirmatively,inappropriate “information” is filed with
the court. A warrant of arrest will then be issued.
The requirements to establish infringement in a
criminal action are the same as those in the civil
except that in the criminal action, the infringement
must be shown to have been committed deliberately.
 The criminal penalty for trademark infringements
claimed consists of imprisonment from two (2) years
to five (5) years and a fine ranging from 50,000.00
to 200,000.00.

Annex O – CAUSES OF ACTION IN TRADEMARK INFRINGEMENT

CAUSES OF ACTION REMEDIES RELIEFS

1. Trademark Infringement 1. Civil Actions 1. Injunction
2. Unfair Competition 2. Criminal Actions 2. Damages
3. Trademark Dilution – lessening of the 3. Administrative – if value involved exceeds 3. Destruction
capacity of a famous mark to identify and 200k, file it in the IPO but if less than 200K,
distinguish goods or services, regardless of file it in DTI.
the presence or absence of: (1) competition
between the owner of the famous work and
other parties or (2) likelihood of confusion,
mistake or deception. To be eligible for
protection from dilution, there has to be a
finding that:
a. trademark sought to be protected is
famous and distinctive
b. use by respondent began after the
petitioner’s mark became famous
c. subsequent use defames
petitioners’ mark

Annex P – ORIGINAL WORKS

LITERARY or ARTISTIC EXPLANATIONS

WORKS 1. original intellectual creations
2. in the literary & artistic domains
3. protected from the moment of their creation
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1. books, pamphlets, articles
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and other writings (BPA) (2) substantial similarity between the two works
2. periodicals and newspapers Do not apply sweat of the brow approach. If can’t avail of this: think unfair competition.
3. lectures, sermons, addresses, Must be for Oral delivery.
dissertations (LADS) prepared To be free, Use justified by informatory purpose.
for oral deliver (regardless of
whether its reduced to writing or
any material form or not)
4. letters Expressive content = subject of copyright Æ unpublished letters: protected from fair use copying
5. dramatic or dramatico-musical Must consist of a plot and incident and characters.
compositions, choreographic Do not include social dance steps & simple routines.
 works or entertainment in dumb
shows
6. musical compositions (with or Elements of originality: melody, rhythm, and harmony (RHM)
without works) Protects: artistic whole of music and words alone or music alone; 2-4 bars constitute protectible expression
Similarity of (1) ideas: objective
(2) expression: impact to a reasonable person
7. works of drawing, painting,
architecture, sculpture,
engraving, lithography
(DAPSEL) or other works of art,
models or designs (MD) for
works of art
8. orig ornamental Works of applied art – (example: animal styled duffle bags)
designs/models (OODM) for 1. artistic creation with utilitarian functions or incorporated in a useful article
articles of manufacture (WON 2. whether made by hand or produced on an industrial scale
registrable as an industrial
design and other works of
applied art)
9. illustrations, maps, plans, Must have an indicum of creativity.
sketches, charts (PIMS-C) and
3-dimensional works relative to
geography, topography,
architecture or science (GATS)
10. drawings or plastic works of
a scientific/technical character
11. photographic works Whether in print or negative form.
(including works of process of Including filmstrips, slide films and individual slides
analogous character and lantern Precludes any other unauthorized copying by photocopying, drawing or whatever.
slides)
12, AV works/cinematographic 1. images
works (and works produced 2. give the impression of motion
analogous process) 3. susceptible of being made visible or audible thru machines or devices
13. pictorial illustrations/ads Even without text, pictorial illustrations still protected.
Ads: protected whether written or visual
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15.Other literary, artistic,
scholarly and scientific works
(LASS)

Annex Q – INTERNATIONAL CONVENTIONS GOVERNING COPYRIGHT

BERNE CONVENTION ROME CONVENTION GATT- TRIPS AGREEMENT WCT (Copyright Treaty) and
WPPT (Performers and
 Phonograms Treaty)
To establish uniform copyright To establish such regimes for Fundamental Principles: Rights Management
regimes. performers, phonogram producers and 1. Minimum Standard Information
broadcasting orgs. 2. National Treatment 1. work
3 Core Principles: 3. Most Favoured Nation (FIPA) 2. identify author of the
1. National Treatment Phils: acceded in 1984 immediately and work or copyright
2. Automatic Protection unconditionally owner
3. Independence of Protection Effect: creating or extending copyright 3. t&c of conditions of
protection to Neighboring Rights Features: work
1. Compliance w/ Berne and 4. #s and codes: relevant
Rome
2. Protect computer Fixation –
programs/databases 1. embodiment of sounds
3. Period of protection: proposed or images
other than lifetime of author 2. capable of being
4. Limitations: normal received, perceived, or
exploitation and unreasonably communicated
prejudice
Point of Comparison for WCT
& WPPT:
1. storage of works in
digital sys
2. transmission in digital
networks
3. technological
measures of protection
4. statutory protection
5. remedies
limitations: normal exploitation
and unreasonably prejudice

Annex R – DERIVATIVE WORKS

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DERIVATIVE WORKS – shall also be protected by copyright PUBLISHERS RIGHTS: as to PUBLISHED NEW EDITION OF WORK
1. Dramatizations, translations, adaptations, arrangements, 1. right to publish (as granted by authors, heirs, or assigns)
abridgments and other alterations of literary works 2. right of reproduction: typographical arrangement of the
2. Collections of literary, scholarly or artistic works (LAS) and published edition of the work
compilations of data & other material (which original coz of their
selection, coordination or arrangement of their contents) PROHIBITS: reproducing by photographic or similar process of
reproduction of the typographical arrangement.
MANNER OF PROTECTION –
1. as new works REQS:
2. new work – shall not affect 1. must be substantially similar to the orig work (such that absent
 a. force of any subsisting copyright upon orig. works or any license, its infringement) – borrow orig and expressive content
part thereof from orig work
b. be construed to imply any right to use of the orig works 2. must recast, transform or adapt (RAT) work
c. to secure/extend copyright in orig works
ABRIDGE: is to shorten but the essence and import is still there
CHANGE OF MEDIUM or LANGUAGE: accounts as derivative

Annex S – COPYRIGHT OR ECONOMIC RIGHTS

ECONOMIC RIGHTS EXPLANATIONS

1. reproduction of work or 5 EXCLUSIVE RIGHTS: (1) reproduce, (2) distribute, (3) perform, (4) display, and (5) prepare derivative works based
substantial portion thereof upon copyrighted works (RDPDD)
2. dramatization, Reqs for SUBSTANTIAL VARIATION
translation, adaptation, 1. work: must borrow original & expressive content from another work
abridgment, arrangement 2. work: recast, adopt or transform in any manner the original
or transformation of work
3. first public distribution of FIRST SALE DOCTRINE –
orig or each copy (by sale 1. Copyright holder has the exclusive right to control the first public distribution of the original and each copy of the
or other modes of work
transferring ownership) 2. by sale or other forms of transfer of ownership
3. But this right is exhausted – after such first sale or transfer of ownership (only exhausts DISTRIBUTION RIGHT)

IN EFFECT: the OWNER of the LAWFULLY ACQUIRED orig or copies of the work: may dispose of em in any manner
w/o any liability to the copyright proprietor
4. rental (irrespective of
ownership of orig and copy
subject of rental)
5. public display of Public display – seen by substantial number of persons outside of the normal circle of family and social acquiantances
orig/copy of work
6. public performance of Does copyright owner have right to stop import? YES, NEGATIVE RIGHT.
work for profit
7. Other communication to
the public of the work.
QuickTime™ and a
TIFF (Uncompressed) decompressor
Annex T – OWNERSHIP OF
are COPYRIGHT
needed to see this picture.

ORIGINAL LITERARY & WORK created by an author WORK commissioned by person Audio Visual WORKS = copyright
ARTISTIC WORKS = Author of DURING & IN THE COURSE OTHER than employer owned by:
the work OF HIS EMPLOYMENT 1. producer
WORK belongs to one who 2. author of scenario
JOINT AUTHORSHIP = orig Copyright belongs to commissioned 3. composer of the music
owners of the copyright Employee if = COPYRIGHT belongs to the creator 4. film director
1. absent agreement, 1. creation: not part of his (unless written contrary stipulation) 5. photographic director AND
governed by rules on co- regular duties 6. author of the work adapted.
ownership 2. even if he used time, LETTERS = writer (subject to Art 723
 2. if parts can be used facilities and materials of of Civil Code) ANONYMOUS/PSEUDONYMOUS
separately and author of employer (MTF) WORKS = publishers unless:
each part be identified = 1. contrary appears
author of each part shall Copyright belongs to 2. pseudonyms/adopted
be orig owner for Employer if = work is a result name: leave no doubt as to
purposes of copyright of performance of his regularly- author’s identity
assigned duties (unless 3. author of anonymous
Æ SHARE IN BENEFITS & contrary agreement, express or works: discloses his identity
CHARGES – proportional to their implied)
interest (contrary stipulation is - anonymous: no name of natural
VOID) AUTOMATIC VESTING person;
between employer and - pseudonymous: use of fictitious
employee of copyright is name
prohibited Æ allowed vesting
AFTER creation

Annex U – TERM OF PROTECTION

Artistic/Literary Joint authorship Anonymous or Applied Art works Photographic works AV works
works Pseudonymous works
1. Protected Economic rights 1. Protected for 50 years Protected for 25 years Published: 50 years Published: 50 years
during the – protected from date which work is from the making. from publishing from publishing
life of the during lifetime of lawfully published
author. last surviving 2. Where before CALCULATION OF Unpublished: 50 years Unpublished: 50
2. Protected author and for 50 expiration of period, TERM for the period from making years from making
for 50 years after his author’s identity is out, after the death of the
years after death 50 year rule applies author: always deemed
his death. 3. If not published, to begin on the 1st day of
protected for 50 years January of the year after
- applies to post- from the making of the death.
humous works work

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Annex V – REMEDIES AGAINST INFRINGEMENT

CRIMINAL CIVIL ADMINISTRATIVE

1. Hardest to prove: proof beyond 1. file: when you have to prove substantial 1. file this: only when case is against
reasonable doubt copying (when case is not 100% copying) retailers and you don’t expect to get
2. Immediate relief: needed by seizure of the and when you think they’ll put up the fair substantial damages.
means of the production so that even if use defense
the case goes on for 10K years, he can’t 2. takes so long to get an injunction so if you Delivery under oath – can be done even in civil
manufacture japex want immediate action, don’t file civil. cases, so no need to get seizure in civil cases.
3. Most expensive: you pay for TM
 investigators, lawyers, fiscals to DOJ Jurisdiction: Proof of:
4. Pay for storage or else evidence will be 200K above – Intellectual Property Office Actual damages – sales receipts
lost below 200K – DTI’s Bureau of Trade Regulation & Sourcing of goods – get the big cats
Consumer Protection

Annex W – DEPOSIT AND NOTICE REQUIREMENTS

After the 1st public dissemination by
authority of copyright owner of:
1. books, pamphlets, articles
and other writings
2. periodicals and newspapers
3. lectures, sermons,
addresses, dissertations
prepared for oral delivery
(LADS) whether reduced in
writing or other material
form
4. letters
1. give (2) complete copies or reproductions of such works: such form as directors of libraries may
prescribe
2. by registered mail/personal delivery
3. w/in 3 weeks after dissemination
4. for the purpose of completing records of National Lib and SC
CERTIFICATE OF DEPOSIT –
1. prescribed fee collected
2. exempt from making addt’l deposit under other laws
IF w/in 3 weeks after receipt of written demand for such deposit, such are not delivered nor fees paid Æ
liable to pay FINE (equiv. to required fee per month of delay and pay price of the best edition of the work
to National Lib AND SC.

NOTICE OF COPYRIGHT: contain (1) name of copyright owner, (2) year of 1st publication, and for copies
produced after testator’s death, (3) year of such death.

Annex X – NOTICE REQUIREMENTS

COGSA Code of Commerce Warsaw Convention

Loss/damag Protest at time of protest at time of
e apparent receipt of goods receipt of goods
Loss/damag Protest within 3 Protest within 24
e not days from delivery hours after receipt
apparent
Damage of protest within 3 days
baggage from receipt
QuickTime™ and a
Damage of TIFF (Uncompressed) decompressor
are needed to see this picture.
within 7 days from
goods receipt
Delay within 21 days from
receipt