Professional Documents
Culture Documents
IP - Reviewer
IP - Reviewer
Section 14. The sustained development of a reservoir of Section 17. The State shall recognize, respect, and
national talents consisting of Filipino scientists, protect the rights of indigenous cultural communities to
entrepreneurs, professionals, managers, high-level preserve and develop their cultures, traditions, and
technical manpower and skilled workers and craftsmen institutions. It shall consider these rights in the
in all fields shall be promoted by the State. The State formulation of national plans and policies.
shall encourage appropriate technology and regulate its
transfer for the national benefit. Section 18. (1) The State shall ensure equal access to
cultural opportunities through the educational system,
ARTICLE XIV - EDUCATION, SCIENCE AND public or private cultural entities, scholarships, grants
TECHNOLOGY, ARTS, CULTURE AND SPORTS: and other incentives, and community cultural centers,
and other public venues.
SCIENCE AND TECHNOLOGY
(2) The State shall encourage and support researches
Section 10. Science and technology are essential for and studies on the arts and culture.
national development and progress. The State shall give
priority to research and development, invention, TAÑADA v. ANGARA, G.R. No. 118295. May 2, 1997;
innovation, and their utilization; and to science and 272 SCRA
technology education, training, and services. It shall
support indigenous, appropriate, and self-reliant Facts:
scientific and technological capabilities, and their
application to the country’s productive systems and This is a case petition by Sen. Wigberto Tanada,
national life. together with other lawmakers, taxpayers, and various
NGO’s to nullify the Philippine ratification of the World
Section 11. The Congress may provide for incentives, Trade Organization (WTO) Agreement.
including tax deductions, to encourage private
participation in programs of basic and applied scientific Petitioners believe that this will be detrimental to the
research. Scholarships, grants-in-aid, or other forms of growth of our National Economy and against to the
incentives shall be provided to deserving science “Filipino First” policy. The WTO opens access to foreign
students, researchers, scientists, inventors, markets, especially its major trading partners, through
technologists, and specially gifted citizens. the reduction of tariffs on its exports, particularly
agricultural and industrial products. Thus, provides new
Section 12. The State shall regulate the transfer and opportunities for the service sector cost and uncertainty
promote the adaptation of technology from all sources associated with exporting and more investment in the
for the national benefit. It shall encourage the widest country. These are the predicted benefits as reflected in
participation of private groups, local governments, and the agreement and as viewed by the signatory Senators,
community-based organizations in the generation and a “free market” espoused by WTO.
utilization of science and technology.
Petitioners also contends that it is in conflict with the
Section 13. The State shall protect and secure the provisions of our constitution, since the said Agreement
exclusive rights of scientists, inventors, artists, and is an assault on the sovereign powers of the Philippines
other gifted citizens to their intellectual property and because it meant that Congress could not pass
creations, particularly when beneficial to the people, for legislation that would be good for national interest and
such period as may be provided by law. general welfare if such legislation would not conform to
the WTO Agreement.
ARTS AND CULTURE
Issue:
Section 14. The State shall foster the preservation,
enrichment, and dynamic evolution of a Filipino
WON the General Provisions and Basic Principles of the TRIPS within their own internal systems and
Agreement on Trade-Related Aspects of Intellectual processes.
Property Rights (TRIPS) intrudes on the power of the
Supreme Court to promulgate rules concerning While the Constitution indeed mandates a bias
pleading, practice and procedures. in favor of Filipino goods, services, labor and
enterprises, at the same time, it recognizes the
Ruling: need for business exchange with the rest of the
world on the bases of equality and reciprocity
Suffice it to say that the reciprocity clause more and limits protection of Filipino enterprises only
than justifies such intrusion, if any actually against foreign competition and trade practices
exists. In the area of trade related aspects of that are unfair. In other words, the Constitution
intellectual property rights (TRIPS, for brevity): did not intend to pursue an isolationist policy.
Each Member shall accord to the nationals of It did not shut out foreign investments, goods
other Members treatment no less favorable and services in the development of the
than that it accords to its own nationals with Philippine economy. While the Constitution
regard to the protection of intellectual does not encourage the unlimited entry of
property: foreign goods, services and investments into
the country, it does not prohibit them either. In
a WTO Member is required to provide a rule of fact, it allows an exchange on the basis of
disputable (not the words "in the absence of equality and reciprocity, frowning only on
proof to the contrary") presumption that a foreign competition that is unfair.
product shown to be identical to one produced
with the use of a patented process shall be There is hardly therefore any basis for the
deemed to have been obtained by the (illegal) statement that under the WTO, local industries
use of the said patented process, (1) where such and enterprises will all be wiped out and that
product obtained by the patented product is Filipinos will be deprived of control of the
new, or (2) where there is "substantial economy. Quite the contrary, the weaker
likelihood “that the identical product was made situations of developing nations like the
with the use of the said patented process but Philippines have been taken into account; thus,
the owner of the patent could not determine there would be no basis to say that in joining
the exact process used in obtaining such the WTO, the respondents have gravely abused
identical product. Hence, the "burden of proof" their discretion. True, they have made a bold
contemplated by Article 34 should actually be decision to steer the ship of state into the yet
understood as the duty of the alleged patent uncharted sea of economic liberalization. But
infringer to overthrow such presumption. Such such decision cannot be set aside on the ground
burden, properly understood, actually refers to of grave abuse of discretion, simply because we
the "burden of evidence" (burden of going disagree with it or simply because we believe
forward) placed on the producer of the identical only in other economic policies.
(or fake)product to show that his product was
produced without the use of the patented Aside from envisioning a trade policy based on
process. The foregoing notwithstanding, the “equality and reciprocity,” the fundamental law
patent owner still has the "burden of proof" encourages industries that are “competitive in
since, regardless of the presumption provided both domestic and foreign markets,” thereby
under paragraph 1 of Article 34, such owner still demonstrating a clear policy against a sheltered
has to introduce evidence of the existence of domestic trade environment, but one in favor
the alleged identical product, the fact that it is of the gradual development of robust industries
"identical" to the genuine one produced by the that can compete with the best in the foreign
patented process and the fact of "newness" of markets. Indeed, Filipino managers and Filipino
the genuine product or the fact of "substantial enterprises have shown capability and tenacity
likelihood" that the identical product was made to compete internationally. And given a free
by the patented process. Moreover, it should be trade environment, Filipino entrepreneurs and
noted that the requirement of Article 34 to managers in Hongkong have demonstrated the
provide a disputable presumption applies only Filipino capacity to grow and to prosper against
if (1) the product obtained by the patented the best offered under a policy of laissez faire.
process in NEW or (2) there is a substantial
likelihood that the identical product was made
Petitioners aver that paragraph 1, Article 34 of
by the process and the process owner has not
the General Provisions and Basic Principles of
been able through reasonable effort to
the Agreement on Trade-Related Aspects of
determine the process used. Where either of
Intellectual Property Rights (TRIPS) intrudes on
these two provisos does not obtain, members
the power of the Supreme Court to promulgate
shall be free to determine the appropriate
rules concerning pleading, practice and
method of implementing the provisions of
procedures. xxx By and large, the arguments
adduced in connection with our disposition of They may also be acquired by means of prescription.
the third issue -- derogation of legislative power
- will apply to this fourth issue also. Suffice it to Intellectual Creation
say that the reciprocity clause more than
justifies such intrusion, if any actually exists. ARTICLE 721. By intellectual creation, the following
Besides, Article 34 does not contain an persons acquire ownership:
unreasonable burden, consistent as it is with
due process and the concept of adversarial (1) The author with regard to his literary, dramatic,
dispute settlement inherent in our judicial historical, legal, philosophical, scientific or other work;
system. So too, since the Philippine is a
signatory to most international conventions on (2) The composer, as to his musical composition;
patents, trademarks and copyrights, the
adjustment in legislation and rules of procedure (3) The painter, sculptor, or other artist, with respect to
will not be substantial. the product of his art;
Hence, the “burden of proof” contemplated by (4) The scientist or technologist or any other person
Article 34 should actually be understood as the with regard to his discovery or invention.
duty of the alleged patent infringer to
overthrow such presumption. Such burden, ARTICLE 722. The author and the composer, mentioned
properly understood, actually refers to the in Nos. 1 and 2 of the preceding article, shall have the
“burden of evidence” (burden of going forward) ownership of their creations even before the
placed on the producer of the identical (or fake) publication of the same. Once their works are
product to show that his product was produced published, their rights are governed by the Copyright
without the use of the patented process. The laws.
foregoing notwithstanding, the patent owner
still has the “burden of proof” since, regardless The painter, sculptor or other artist shall have dominion
of the presumption provided under paragraph over the product of his art even before it is copyrighted.
1 of Article 34, such owner still has to introduce
evidence of the existence of the alleged The scientist or technologist has the ownership of his
identical product, the fact that it is “identical” discovery or invention even before it is patented.
to the genuine one produced by the patented
process and the fact of “newness” of the ARTICLE 723. Letters and other private communications
genuine product or the fact of “substantial in writing are owned by the person to whom they are
likelihood” that the identical product was made addressed and delivered, but they cannot be published
by the patented process. or disseminated without the consent of the writer or his
heirs. However, the court may authorize their
publication or dissemination if the public good or the
II. CIVIL CODE interest of justice so requires.
Trade-marks and Trade-names ARTICLE 724. Special laws govern copyright and patent.
ARTICLE 520. A trade-mark or trade-name duly Differences between Copyright, trademarks and patent
registered in the proper government bureau or office is
owned by and pertains to the person, corporation, or Kho v. CA (G.R. No. 115758)
firm registering the same, subject to the provisions of
special laws. Facts:
ARTICLE 521. The goodwill of a business is property, and Petitioner, doing business under the name and style KEC
may be transferred together with the right to use the Cosmetics Laboratory, alleges that it is the registered
name under which the business is conducted. owner of copyright and patent registration of the Chin
Chun Su container and medicated cream. Hence,
ARTICLE 522. Trade-marks and trade-names are petitioner filed a complaint to enjoin respondent
governed by special laws. (n) Summerville Company from advertising and selling
cream products under the same brand name Chin Chun
ARTICLE 712. Ownership is acquired by occupation and Su as it will mislead the public and damage petitioner’s
by intellectual creation. business. The trial court granted the injunction. On
appeal, the writ was dissolved. The trial court ruled to
Ownership and other real rights over property are bar petitioner from using the mark Chin Chun Su.
acquired and transmitted by law, by donation, by
testate and intestate succession, and in consequence of Issue:
certain contracts, by tradition.
Whether or not petitioner is entitled to the exclusive NOW, THEREFORE, I, FERDINAND E. MARCOS, President
use of the trademark Chin Chun Su based on her of the Philippines, by virtue of the powers vested in me
copyright and patent registration over the product. by the Constitution as Commander-in-Chief of all the
Armed Forces of the Philippines, and pursuant to
Ruling: NO. Proclamation No. 1081 dated September 21, 1972, and
General Order No. 1 dated September 22, 1972, as
Trademark, copyright and patents are different amended, do hereby, order and make as part of the law
intellectual property rights that cannot be interchanged of the land the following measure:
with one another. A trademark is any visible sign
capable of distinguishing the goods (trademark) or CHAPTER 1
services (service mark) of an enterprise and shall include
a stamped or marked container of goods. In relation PRELIMINARY PROVISION
thereto, a trade name means the name or designation
identifying or distinguishing an enterprise. Meanwhile, Section 1. This Decree shall be known as the "Decree on
the scope of a copyright is confined to literary and Intellectual Property."
artistic works which are original intellectual creations in
the literary and artistic domain protected from the Sec. 2. The Rights granted by this Decree shall, from the
moment of their creation. Patentable inventions, on the moment of creation, subsist with respect to any of the
other hand, refer to any technical solution of a problem following classes of works:
in any field of human activity which is new, involves an
inventive step and is industrially applicable. Petitioner (A) Books, including composite and encyclopedic works,
has no right to support her claim for the exclusive use manuscripts, directories, and gazetteers;
of the subject trade name and its container. The name
and container of a beauty cream product are proper (B) Periodicals, including pamphlets and newspapers;
subjects of a trademark inasmuch as the same falls
squarely within its definition. (C) Lectures, sermons, addresses, dissertations
prepared for oral delivery;
In order to be entitled to exclusively use the same in the
sale of the beauty cream product, the user must (D) Letters;
sufficiently prove that she registered or used it before
anybody else did. The petitioner’s copyright and patent (E) Dramatic or dramatico-musical compositions;
registration of the name and container would not choreographic works and entertainments in dumb
guarantee her right to the exclusive use of the same for shows, the acting form of which is fixed in writing or
the reason that they are not appropriate subjects of the otherwise;
said intellectual rights. Consequently, a preliminary
injunction order cannot be issued for the reason that (F) Musical compositions, with or without words;
the petitioner has not proven that she has a clear right
over the said name and container to the exclusion of (G) Works of drawing, painting, architecture, sculpture,
others, not having proven that she has registered a engraving, lithography, and other works of art; models
trademark thereto or used the same before anyone did. or designs for works of art;
A. Legislative History of the Law on Copyright and (I) Original ornamental designs or models for articles of
Related rights. manufacture, whether or not patentable, and other
works of applied art;
1. Presidential Decree No. 49 (took effect on
December 27, 1972) (J) Maps, plans, sketches, and charts;
DECREE ON THE PROTECTION OF INTELLECTUAL (L) Photographic works and works produced by a
PROPERTY process analogous to photography; lantern slides;
WHEREAS, tremendous strides in science and (M) Cinematographic works and works produced by a
technology have made necessary updating of the process analogous to cinematography or any process
Copyright Law to give fuller protection to intellectual for making audio-visual recordings;
property and to encourage arts and letters, as well as
stimulates scientific research and invention, at the same (N) Computer programs;
time safeguard the public's right to cultural information;
(O) Prints, pictorial, illustration, advertising copies, If the work in which copyright subsists was made during
labels, tags, and box wraps; and in the course of the employment of the creator, the
copyright shall belong to;
(P) Dramatization, translations, adaptations,
abridgements, arrangements and other alterations of (A) The employee, if the creation of the object of
literary, musical or artistic works or of works of the copyright is not a part of his regular duties even if the
Philippine Government as herein defined, which shall employee uses the time facilities and materials of the
be protected as provided in Sec. 8 of this Decree. employer.
(Q) Collection of literary, scholarly, or artistic works or (B) The employer, if the work is the result of the
of works referred to in Sec. 9 of this Decree which by performance of his regularly assigned duties, unless
reason of the selection and arrangement of their there is an agreement, expressed or implied, to the
contents constitute intellectual creations, the same to contrary.
be protected as such in accordance with Sec. 8 of this
Decree. Where the work is commissioned by a person who is not
the employer of the creator and who pays or agrees to
(R) Other literary, scholarly, scientific and artistic works. pay for it and the work is made in pursuance of the
commission, the person who so commissioned the work
Sec. 3. The rights granted by this Decree shall not be lost shall have ownership of it but the copyright thereto
except in the number specifically provided herein. shall belong joint ownership to him and the creator,
Neither shall they be subject to levy and attachment unless there is a stipulation to the contrary.
while in the possession of the creator or his heirs.
The creators of a cinematographic or analogous work
Sec. 4. Nothing in this Decree shall be deemed to alter are the producer, the author of the scenario, the
or in any manner impair any other right or remedy of composer of the music, the film director, the
the persons protected by its provisions. photographic director, and the author of the work
adapted. However, subject to contrary or other
CHAPTER II - COPYRIGHT stipulation among the creators, the producer shall
exercise the copyright to an extent required for the
Article I exhibition of the work in any manner, except for the
right to collect performing fees for the musical
Scope and beneficiaries of copyright. compositions, with or without words, which may be
incorporated into the work.
Sec. 5. Copyright shall consist in the exclusive right;
The copyright in letters shall belong to the writer,
(A) To print, reprint, publish, copy, distribute, multiply, subject to the provisions of Article 723 of the Civil Code.
sell, and make photographs, photo-engravings, and
pictorial illustrations of the works; Sec. 7. For purposes of this Decree, articles and other
writings published without the names of the authors or
(B) To make any translation or other version or extracts under pseudonyms are considered as the property of
or arrangements or adaptations thereof; to dramatize it the publishers, unless the contrary appears.
if it be a non-dramatic work; to convert it into a non-
dramatic work if it be a drama; to complete or execute Sec. 8. The works referred to in subsections (P) and (O)
if it be a model or design; of Sec. 2 of this Decree shall, when produced with the
consent of the creator or proprietor of the original
(C) To exhibit, perform, represent, produce, or works on which they are based, be protected as new
reproduce, the work in any manner or by any method works; however, such new works shall not affect the
whatever for profit or otherwise; it not reproduced in force of any subsisting copyright upon the original
copies for sale, to sell any manuscript or any record works employed or any part thereof, or be construed to
whatsoever thereof; imply an exclusive right to such use of the original
works, or to secure or extend copyright in such original
(D) To make any other use or disposition of the work works.
consistent with the laws of the land.
Sec. 9. No copy shall subsist in any work of the
Sec. 6. The creator or his heirs or assigns shall own the Government of the Philippines. However, prior approval
copyright in any of the works mentioned in Sec. 2 of this of the government agency or office wherein the work is
Decree. If the works is produced by two or more created shall be necessary for exploitation of such work
persons, the copyright shall belong to them jointly and for profit. Such agency or office may, among other
their respective rights thereto shall be governed by the things, impose as a condition the payment of royalties.
Rules of the Civil Code on co-ownership. No prior approval or condition shall be required for the
use for any purpose of statutes, rules and regulations,
and speeches, lecturers, sermons, addresses, and
dissertations pronounced, read or rendered in courts of Section 13. Libraries, public archives and museums have
justice before administrative agencies, in deliberate the right, subject to the conditions specified in the
assemblies, and in meetings of public character. succeeding paragraphs, to produce for purposes of their
activities by photographic means, and without the
A "Work of the Government of the Philippines" is a work consent of the caretaker or proprietor, copies of a
created by any officer or employee of the Philippine literary or artistic work.
Government or any of its subdivisions and
instrumentalities, including government owned or Materials forming part of the collections mentioned in
controlled corporations as a part of his regularly the preceding paragraph which, by reason of their
prescribed official duties. fragile character reproduced by photography for the
purpose of loans. Nevertheless, except in cases where
Notwithstanding the foregoing provisions, the special reasons justify it, not more than two copies may
Government is not precluded from receiving and be made.
holding copyright transferred to it by assignment,
bequests or otherwise; nor shall publication or It is equally permissible to make, by means of
republication by the Government in a public document photography, reproduction of isolated articles
of any work in which copyright is subsisting be taken to contained in composite works, as well as brief portions
cause any abridgment or annulment of the copyright or of other published works, in order to supply them, when
to authorize any use of appropriation of such work this is considered expedient, to persons requesting their
without the consent of the copyright proprietor. loan for purposes of research or study, instead of
lending the volumes or booklets which contain them.
Article II Each person seeking loan may only receive one copy of
each article or each portion of a work.
Limitations on copyright.
When a copy of a work is found to be incomplete, the
Section 10. When a work has been lawfully made missing portions may be reproduced by means of
accessible to the public, the author shall not be entitled photography, provided they only constitute a minor
to prohibit; portion of the total work. Nevertheless, it shall not be
permitted to produce a volume of a work published in
1. Its recitation or performance (A) if done privately and several volumes or to produce missing tomes or part of
free of charge; of (B) if made for strictly charitable or magazines or similar works, unless the volume, tome of
religious institution or society. part is out of stock with booksellers, the printing house
and the publisher.
2. Reproductions, translations and adaptations thereof
destined exclusively for personal and private use. Every library which, by law, is entitled to receive one or
two copies of a printed work shall be entitled, when
Section 11. To an extend compatible with fair practice special reasons so require, to reproduce, by means of
and justified by the scientific, critical, informatory or photography or process analogous to photography, a
educational purpose, it shall be permissible to make copy of a published work, the acquisition of which is
quotations or exerpts from a work already lawfully considered necessary for the collections of the library,
made accessible to the public. Such quotations may be but which is out of stock with booksellers, the printing
utilized in their original form or in translation. house and the publisher.
News items, editorials, and articles on current political,
social, economic, scientific or religious topic may be A work belonging to the collections mentioned in the
reproduced by the press or broast, unless they contain first paragraph of this section which has not been
or are accompanied by a notice that their reproduction disseminated may not be reproduced or published
or publication is reserved. In case of musical works, without the consent of the creator or proprietor.
parts of little extent may also be reproduced. However, such work may be reproduced for purposes of
preservation.
Quotations and excerpts as well as reproduction shall
always be accompanied by an acknowledgment of the Section 14. If, after the expiration of five years from the
source and name of the author. If his name appears date of the first publication of a writing, a translation of
thereon. such writings has not been published in the national or
other local language, as the case may be, the owner of
Section 12. In reports of a current event by means of the right of translation or with his authorization, any
photography, cinematography or broasting, literary, citizen may obtain a non- exclusive license from the
scientific or artistic works which can be seen or heard in Director of the National Library, to translate the work
the course of said event may be reproduced and and publish the work so translated in the national or
communicated to the public to the extent necessary for other local language in which it has not been published;
the purpose. Provided, That such citizen establishes either that he
has requested, and been denied, authorization by the
proprietor of the right to make and publish the
translation, or that, after due diligence on his part, he This section and section 19 shall not apply to cases
was unable to find the owner of the right. A license may covered by the last paragraph of section 15 of this
also be granted on the same conditions if all previous Decree.
editions of a translation in such language are out of
print. In both cases the terms and conditions of the Section 18. If two or more persons jointly own a
license, including the royalties of the author or copyright or any part thereof, neither of the owners
proprietor of the original work, shall be stated therein. shall be entitled to grant license without the consent of
the other owner or owners.
If the owner of the right of translation cannot be found,
then the applicant for a license shall send copies of his Section 19. Every assignment, license or other
application to the purchaser whose name appears on instrument relating to any right, title or interest in a
the work, and, if the nationality of the owner of the right copyright and to the work subject to it shall be filed in
of translation is known, to the diplomatic or consular duplicate with the National Library upon payment of the
representative of the state of which such owner is a prescribed fee for registration in books and records kept
national, or to the organization which may have been for the purpose. Upon recording, a copy of the
designated by the government of that state. The license instrument shall be returned to the sender with a
shall not be granted before the expiration of two notation of the fact of record. Notice of the record shall
months from the date of the dispatch of the copies of be published in the Official Gazette.
the application. Neither shall it be granted when the
author has withdrawn from circulation all copies of the Such instrumentalities shall be void as against any
work. subsequent purchaser or mortgagee for valuable
consideration and without notice unless it is recorded in
The original title and the name of the author of the work the library prior to the subsequent purchase or
shall be printed on all copies of the published mortgage.
translation.
Sec. 20. When the creator of a work in which copy right
Article III is subsisting dies, it shall be the duty of his heirs or
assigns to file with the National Library for registration
Transfer of work and copyright a written notice under oath of the date of the creator's
death. Until this is complied with, the limitation of
Section 15. The copyright may, by gift, inheritance or remedies established in Sec. 26 of this Decree shall be
otherwise, be transferred or assigned in whole or in enforced.
part. Such transfer or assignment shall entitle the
transferee or assignee to all rights and remedies which Article IV
the transferer or assignor had with respect to the
copyright. Duration of copyright
The copyright is not deemed transferred or assigned Sec. 21. The copyright conferred by this Decree shall
inter vivos in whole or in part, unless there is a written endure during the lifetime of the creator and for fifty
indication that such is the intention. years after his death. In case of works of joint creation,
the period of fifty years shall be counted from the death
The submission of a literary, photographic or artistic of the last surviving co-creator.
work to a newspaper, magazine or periodical for
publication shall constitute only a license to make a Sec. 22. In case of anonymous and pseudonymous
single publication unless a greater right is expressly works, the copyright shall last until the end of fifty years
granted. following the date of their first publication. However,
when the pseudonym adopted by the author leaves no
Section 16. The copyright is distinct from the property doubt as to his identity, or if the author of anonymous
in the material object to it. Consequently, the transfer or pseudonymous work discloses his identity during the
or assignment of the copyright shall not itself constitute period mentioned in this section, the term of the
a transfer of the material object. Nor shall a transfer or protection shall be that fixed in the next preceding
assignment of the sole copy or of one or several copies section.
of the work imply transfer or assignment of the
copyright. Sec. 23. In the case posthumous works which do not fall
within the categories of the works referred to in the
Section 17. An assignment or transfer inter vivos, or a next two preceding sections, the terms of protection
license, must be in writing, acknowledged before a afforded to the heirs or assignees of the creator shall
notary public or other officer authorized to administer end at the expiration of fifty years after his death.
oaths or perform notarial acts and certified under the
hand and seal of the notary or other officer. Sec. 24. Irrespective of the provisions of the foregoing
sections of this article, the term shall be thirty years in
the case of: (A) periodicals and newspapers, provided
that material contained therein in which an infringement as well as the profits the infringor may
independent copyright may be deemed to subsist shall have made due to such infringement, and in providing
be accorded the length or protection appropriate to it; profits the plaintiff shall be required to prove sales only
(B) works of applied art; (C) cinematographic or and the defendant shall be required to prove every
photographic works as well as those produced or any element of cost which he claims, or, in lieu of actual
process analogous to cinematography or photography damages and profits, such damages which to the court
or any process for making audio-visual recordings. shall appear to be just and which shall not be less than
the sum of One Thousand Pesos, and shall not be
Sec. 25. The term of protection subsequent to the death regarded as penalty.
of the creator provided in Sec. 21 and 23 and the terms
provided in Sections 22 and 24 shall run from the date (C) To deliver under oath, for impounding during the
of his death or of publication, but such terms shall pendency of the action, upon such terms and conditions
always be deemed to begin on the first day of January as the court may prescribe, all articles alleged to infringe
of the year following the event which gives rise to them. a copyright.
Sec. 31. In every sale or lease of an original work of (A) To use the name of the creator, or the title of his
painting or sculpture or of the original manuscript of a work, or otherwise to make use of his reputation with
writer or composer, subsequent to the first disposal respect to any version or adaptation of his work which,
thereof by the creator, the creator or his heirs shall have because of alterations therein, would substantially tend
an inalienable right to participate in the gross proceeds to injure the literary or artistic reputation of the author;
of the sale or lease to the extent of five per centum or
(5%).
(B) To use the name of the creator with respect to a
This right shall exist during the lifetime of the creator work he did not create.
and for fifty years after his death.
Sec. 37. When a creator contributes to a collective work,
Sec. 32. As a condition precedent to making a claim to like a newspaper or an encyclopedia, his right to have
the right established in the preceding section for any his contribution attributed to him is deemed waived
work mentioned therein, the work must be registered unless he expressly reserves it.
in the National Library where a separate register shall
be kept for this purpose. Sec. 38. In the absence of a special contract at the time
a creator licenses or permits another to use his work,
The creator or his heirs designate a society of artists, the necessary editing, arranging or adaptation of such
writers or composers as agency to claim the right in his work, for publication, broast, use in a motion picture,
or their behalf. In such case, the society shall forward dramatization, or mechanical or electrical reproduction
the proceeds to the creator or his heirs upon their in accordance with the reasonable and customary
demand or at the end of every quarter of each calendar standards or requirements of the medium in which the
year. work is to be used, shall not be deemed to contravene
the creator's rights secured by this chapter. Nor shall
Sec. 33. The provisions of this Chapter shall not supply complete destruction of a work unconditionally
to prints, etchings, engravings, works of applied art, or transferred by the creator be deemed to violate such
works of similar kind wherein the creator primarily rights.
derives gain from the proceeds of reproduction.
Sec. 39. The rights of a creator under this chapter shall
CHAPTER IV be perpetual and imprescriptible. The person or persons
to be charged with the posthumous enforcement of
MORAL RIGHTS these rights shall be named in a writing to be filed with
the National Library. In default of such person or
Sec. 34. Independently of the rights by Chapters II and persons, such enforcement shall devolve upon either
III of this Decree or the grant of an assignment or license the creator's heirs or the Director of the National Library
with respect to any of such rights, a creator shall have acting in behalf of the heirs.
the right:
The persons named by the creator in accordance with
(A) To make alterations of his work prior to, or to the foregoing paragraph or, in their absence, the
withhold it from, publication; creator's heirs shall have power to make any
assignment or license of the rights provided in this
(B) To require that the authorship of the works be chapter which would be within the power of the creator
attributed to him; had he lived. If there are no heirs, the Director of the
National Library shall exercise the power.
For purposes of this Section, "Person" shall mean any (B) To authorize the broasting and the communication
individual, partnership, corporation, association, or to the public of their performance.
society. The Director of the National Library may
prescribe reasonable fees to be charged for his services (C) To prohibit the reproduction of a recording of their
in the application of provisions of this Section. performance; (i) if the original recording itself was made
without their consent; (ii) if the reproduction is made
Sec. 40. Violation of any of the rights conferred by this for the purposes different from those for which the
chapter shall entitle those charged with their performers gave their consent; or (iii) If the original
enforcement to the same rights and remedies available recording was made for any of the purposes mentioned
to a copyright owner. In addition, damages which may in Sec. 44 of the reproduction is made for a different
be availed of under the Civil Code may also be purpose.
recovered. Any damages recovered after the creator's
death shall be held in trust for and remitted to his heirs. Sec. 43. Performers shall have the right to decide
whether their names will be mentioned when their
CHAPTER V performance is recorded or broast. The provisions of
chapter IV shall apply to them.
RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS,
RECORDINGS AND BROADCASTING ORGANIZATIONS Sec. 44. Notwithstanding the provisions of section 43 of
this Decree, performers may not object to the
Article I recording: (A) of parts of their performance to be used
in connection with the reporting of current events, or
As used in this Chapter (B) of the entirety therefor which shall be used solely for
the purpose of teaching or scientific research. The
Sec. 41. As used in this chapter: provisions of section 12 of this Decree shall also apply
to performances. However, the provisions of this
(A) "Performers" mean actors, singers, musicians, Section shall be without prejudice to those of the next
dancers, and other persons who act, sing, deliver, preceding section.
declaim, play in, or otherwise perform literary or artistic
work. Sec. 45. For infringement of any of their rights,
performers shall be entitled to;
(B) "Sound Recording" means any exclusively aural
fixation of sounds of a performance or of other sound. (A) An injunction restraining such infringement;
(C) "Producer of sound records" means the person who, (B) To recover such damages as may be recoverable
or the legal entity which, first fixes a performance or under the Civil Code, or, in lieu thereof, such damages
other sounds. which to the court shall appear just and which shall not
be less than Three Hundred Pesos.
(D) "Publication" means the issue of offering to the
public of copies of a sound recording in reasonable (C) To the remedies provided in subsections (C) and (D)
quantity. of Sec. 28 of this Decree but with respect only to
recordings of their performances and devises for
(E) "Reproduction" means the making of a copy or making such recordings.
copies of a recording.
Article III
(F) "Broasting" means the transmission by wireless
means for public reception of sounds or of images and Producers of sound recordings
sound.
Sec. 46. Producers of sound recordings shall have the
(G) "Broasting organization" shall include a sole exclusive right to authorize or prohibit the direct or
proprietorship duly authorized to engage in broasting. indirect reproduction of their recordings and the placing
of these reproductions in the market.
Article II
Sec. 47. When a sound recording is used with the
Performers intention of making or enhancing profit, the producer of
the recording has the right to a fair remuneration from
Sec. 42. Performers shall have the exclusive right: the user.
(A) To record or authorize the recording of their Sec. 48. The producer of a sound recording may also
performance on any recording apparatus for image forbid any use of this recording which would cause
and/or sound. serious and unwarranted damage to his industrial
interests.
Sec. 49. There shall be indicated in each copy of a sound
recording the title of the work recorded, the name of Article VI
the author and, subject to section 43 of this Decree of
the principal performers and the date of manufacture. Penalty
Sec. 50. Within one month after its manufacture, two Sec. 56. The prohibition and penalties provided in
copies of a sound recording shall be deposited, by section 29 shall apply to infringement of any of the
personal delivery or by mail, with the National Library. rights granted in this chapter.
Upon such deposit, the Director shall issue to the
producer a certificate under the seal of the library CHAPTER VII
indicating the fact and date of such deposit. This
certificate shall constitute a prima facie evidence of the INSTITUTION OF ACTIONS AND PROCEEDINGS
facts stated therein.
Sec. 27. All actions, suits and proceedings shall,
Article IV regardless of the amount involved, be originally
cognizable by Courts of First Instance.
Broasting organizations
Sec. 58. No damages may be recovered under this
Sec. 52. Broasting organizations shall enjoy the Decree after four years from the time the cause of
exclusive right: action arose.
(A) To relay by wire or rebroast their broasts. Sec. 59. Appeals shall be governed by the Rules of Court.
(c) To use such records for fresh transmissions or for Sec. 60. All copies deposited and instruments in writing
fresh recording. filed with the National Library in accordance with the
provisions of this Decree shall become the property of
Sec. 53. The provisions of immediately preceding the Government.
section shall not include the right to prohibit recording
or broasts for strictly private use or solely for the Sec. 61. The section or divisions of the National Library
purpose of teaching or scientific research. charged with receiving copies and instruments
deposited and with keeping records required under this
Sec. 54. A broasting organization, when any of its rights Decree and everything in it shall be opened to public
secured herein is infringed, shall be entitled: inspection subject to such safeguards and regulations as
may be prescribed by director of the library.
(A) To have such infringement enjoined.
Sec. 62. The National Library shall collect the following
(B) To recover such damages as may be awarded under fees:
the Civil Code.
(A) For the issuance of a certificate of deposit of copies
(C) The remedies provided in subsections (C) and (D) of of a work, five pesos;
section 28 of this Decree but with respect only to
unauthorized recordings of its broasts and devices for (B) For each assignment, license, notice or other written
making such recordings. instrument filed, ten pesos;
Sec. 55. The rights granted under this chapter shall CHAPTER IX
expire after twenty years from the end of the year in
which: FINAL PROVISIONS
(A) The performance took place for performances not Sec. 63. The provisions of this Decree shall apply to
incorporated in recordings; works in which copyright protection obtained prior to
the effectivity of this Decree is subsisting: Provided,
(B) The recording was made for sound or image and That the application of this Decree shall not result in the
sound recordings and for performances incorporated dimunition of such protection.
therein;
Sec. 64. Act No. 3134, or otherwise known as the SEC. 2. Section 56 of Presidential Decree No. 49 is
"Copyright Law of the Philippine Islands", and all laws or hereby amended to read as follows:
provisions of law, orders or regulations inconsistent
herewith are hereby repealed. “SEC. 56. The prohibition and penalties provided in
Section 29 shall apply to infringement of any of the
This Decree shall take effect 15 days after publication in rights granted in this Chapter; Provided, however, That
the Official Gazette. the mandatory penalty of imprisonment of not less than
three (3) months and one (1) day to not more than one
Done in the City of Manila, this 14th day of November, (1) year, plus a fine of not less than Fifty Thousand Pesos
in the year of Our Lord, nineteen hundred and seventy- but not more than One Hundred Thousand Pesos, shall
two. be imposed upon any person who shall:
2. Presidential Decree No. 1988 (amended by PD 49 by (1) Transfer or cause to be transferred, directly or
inserting Section 56) indirectly, any sound recording or motion picture, or
other audio-visual work that has been recorded on a
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL phonograph record, disc, wire, tape, film or other article
DECREE NO. 1988 on which sounds, motion pictures, or other audio-visual
works are recorded, with intent to sell, lease, publicly
WHEREAS, piracy and counterfeiting of audio and exhibit or cause to be sold, leased or publicly exhibited,
audio-visual products have become rampant, resulting or to use or cause to be used for profit, such article on
in serious financial prejudice to the film and recording which sounds, motion pictures, or other audio-visual
industries, and the loss of substantial tax revenues to works are so transferred, without the written consent
the Government; of the owner or his assignee; or
WHEREAS, it is imperative for the survival and (2) Sell, lease, distribute, circulate, publicly exhibit, offer
protection of the film and recording industries that for sale, lease, distribution, or possess for the purpose
certain provisions of Presidential Decree No. 49, of sale, lease, distribution, circulation or public
otherwise known as “Decree on Intellectual Property,” exhibition, any such article to which sounds, motion
be amended for the purpose of lengthening the period pictures or audio-visual recordings thereon have been
within which a producer of a sound recording must so transferred, without the written consent of the
deposit two copies thereof with the National Library, owner or his assignee; or
and prescribing stiffer penalties for piracy of sound
recordings and motion pictures or other audio-visual (3) Offer or make available for a fee, rental or any other
works; form of compensation, directly or indirectly, any
equipment, machinery, paraphernalia or any material
WHEREAS, the current crisis in the movie industry with the knowledge that such equipment, machinery,
amounts to a grave emergency affecting the economic paraphernalia or material will be used by another to
stability of the nation and the livelihood of hundreds of reproduce, without the consent of the owner, any
thousands of families and workers dependent on the phonograph record, disc, wire, tape, film or other article
industry; on which sounds, motion pictures, or other audio-visual
recordings may be transferred;
WHEREAS, the issuance of this Decree will help in the
national economic recovery program designed to meet For purposes of this Act, public exhibition shall cover
the emergency facing the industry; any exhibition wherein fifteen (15) or more persons are
present, for monetary or promotional considerations.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President Private clubs are likewise herein included.”
of the Philippines, by virtue of the powers vested in me
by the Constitution, do hereby decree: SEC. 3. All laws, decrees, executive orders, rules,
regulations, and other enactments, or parts thereof
SECTION 1. Section 50 of Presidential Decree No. 49 is inconsistent with the provisions of this Decree, are
hereby amended to read as follows: hereby repealed, amended or modified accordingly.
“SEC. 50. Within six (6) months after its manufacture, SEC. 4. This Decree shall take effect after fifteen (15)
two copies of a sound recording shall be deposited, by days following its publication in the Official Gazette.
personal delivery or by mail, with the National Library.
Upon such deposit, the Director shall issue to the DONE in the City of Manila, this 5th day of October, in
producer a certificate under the seal of the library the year of Our Lord, nineteen hundred and eighty-five.
indicating the fact and date of such deposit. This
certificate shall constitute a prima facie evidence of the (Sgd.) FERDINAND E. MARCOS
facts stated therein.”
3. INTELLECTUAL PROPERTY CODE (took effect on Jan.
1, 1998.
B. LAW ON COPYRIGHT Author is the natural person who has created the work;
INTELLECTUAL PROPERTY CODE
Section 241. Effectivity. - This Act shall take Collective work is work which has been created by two
effect on 1 January 1998. (2) or more natural persons at the initiative and under
the direction of another with the understanding that it
Section 239.3. The provisions of this Act shall will be disclosed by the latter under his own name and
apply to works in which copyright protection that contributing natural persons will not be identified;
obtained prior to the effectivity of this Act is Communication to the public or communicate to the
subsisting: Provided, That the application of this public means the making of a work available to the
Act shall not result in the diminution of such public by wire or wireless means in such a way that
protection. members of the public may access these works from a
place and time individually chosen by them;
Section 236. Preservation of Existing Rights. -
Nothing herein shall adversely affect the rights Computer program is a set of instructions capable,
on the enforcement of rights in patents, utility when incorporated in machine-readable medium, of
models, industrial designs, marks and works, causing a machine having information-processing
acquired in good faith prior to the effective date capabilities, to indicate, perform, or achieve a particular
of this Act. function, task, or result;
177.3. The first public distribution of the original and Copyright symbol is represented by ©;
each copy of the work by sale or other forms of transfer Date of Publication is the earliest date when a copy of
of ownership; the first authorized edition of the work was placed on
sale, sold, distributed, or otherwise made available to
177.4. Rental of the original or a copy of an audiovisual the public, by the copyright owner or his representative;
or cinematographic work, a work embodied in a sound
recording, a computer program, a compilation of data Decompilation means the reproduction of the code and
and other materials or a musical work in graphic form, the translation of the forms of a computer program to
irrespective of the ownership of the original or the copy achieve the inter-operability of an independently-
which is the subject of the rental; (n) created computer program with other programs;
177.5. Public display of the original or a copy of the Exhibition of an audiovisual work means any form of
work; exploitation of a work, including its distribution in
copies, its public performance, and its communication
177.6. Public performance of the work; and to the public, including broadcast or rebroadcast, cable
retransmission, or satellite broadcast or transmission;
177.7. Other communication to the public of the work.
(Sec. 5, P. D. No. 49a) Fee refers to the amount prescribed by The National
Library for the issuance of a Certificate of Registration
PHILIPPINES and Deposit to claim copyright or for the filing of
COPYRIGHT SAFEGUARDS AND REGULATIONS assignment or license, or for such other services or
transactions as may be covered by these Copyright
Rule 2 Definition of Terms Safeguards and Regulations;
For the purpose of these Copyright Safeguards and Performance symbol is represented by p;
Regulations, the following terms are herein Public lending is the transfer of possession of the
defined: original or a copy of a work or multimedia for a limited
period, for non-profit purposes, by an institution the
services of which are available to the public, such as a Unpublished work means work that has not been
public library or archive; disseminated, circulated or distributed to the public
prior to its registration with the Copyright Office;
Public performance is the recitation, playing, dancing,
acting or any performance of the work, either directly Work refers to any original work, derivative work,
or by means of any device or process; in the case of an performance of producers, sound recording, or
audiovisual work, the broadcast or showing of its recording of broadcasting organizations. Derivative
images in sequence and the making of the sounds work is work that is derived from another work;
accompanying it audible; and in the case of a sound
recording, the making of the recorded sounds audible at Work of Applied Art is an artistic creation with utilitarian
a place or at places where persons outside the normal functions, or incorporated in a useful article, whether
circle of a family and that family’s closed social made by hand or produced on an industrial scale;
acquaintances are or can be present, irrespective of
whether they are or can be present at the same place Work of the Government of the Philippines is work
and at the same time, or at different places and/or created by an officer or employee of the Philippine
different times, and where the performance can be Government or any of its subdivisions and
perceived without the need for communication within instrumentalities, including government-owned or
the meaning of “communication to the public” defined controlled corporations, as part of his regularly
above; prescribed official duties.
Published work means work which, with the consent of Rule 11 -12 Copyright Safeguards and Regulations
the author, is made available to the public by wire or
wireless means in such a way that members of the Rule 11 Communication to the Public of Copyrighted
public may access the work from a place and time Works
individually chosen by them: Provided, That availability SECTION 1. Communication to the Public of Copyrighted
of such copies has been such as to satisfy the reasonable Work. — “Communication to the public” or
requirements of the public, having regard to the nature “communicate to the public,” also includes point-to-
of the work; Publisher is one who produces and makes point transmission of a work, including video on
available for circulation or distribution the published demand, and providing access to an electronic retrieval
work; system, such as computer databases, servers, or similar
electronic storage devices. Broadcasting,
Rental is the transfer of the possession of the original or rebroadcasting, retransmission by cable, and broadcast
a copy of a work or multimedia for a limited period of and retransmission by satellite are all acts of
time, for profit-making purposes; “communication to the public” within the meaning of
Reproduction is the making of one (1) or more copies of the IPC.
a work, including multimedia, in any manner or form. A Rule 12 First Public Distribution of Work
reprographic reproduction, as authorized under certain
circumstances by the IPC, does not include a digital or SECTION 1. First Public Distribution of Work. — An
machine-readable copy, but is limited to photography, exclusive right of first distribution of work includes all
xerography and similar processes, resulting in a paper acts involving distribution, specifically including the first
or microform copy; importation of an original and each copy of the work
into the jurisdiction of the Republic of the Philippines.
Reprographic right is one exercisable anywhere to
reproduce or authorize the reproduction of the work by 2. STANDARDS FOR COPYRIGHT PROTECTION
means of any appliance or process capable of producing
multiple copies of the work in such a form that the work Section 172. Literary and Artistic Works. - 172.1.
may be perceived visually. Reprography and other Literary and artistic works, hereinafter referred to as
forms of reproduction require the permission of the "works", are original intellectual creations in the literary
copyright holder; and artistic domain protected from the moment of their
creation and shall include in particular:
SAR shall refer to these Copyright Safeguards and
Regulations issued pursuant to the IPC; (a) Books, pamphlets, articles and other writings;
SCL refers to the Library of the Supreme Court of the (b) Periodicals and newspapers;
Republic of the Philippines;
(c) Lectures, sermons, addresses, dissertations
TNL refers to The National Library of the Republic of the prepared for oral delivery, whether or not reduced in
Philippines; writing or other material form;
TNL Director refers to the head of The National Library (d) Letters;
of the Republic of the Philippines;
(e) Dramatic or dramatico-musical compositions; Ong alleged that he was the holder of a Certificate of
choreographic works or entertainment in dumb shows; Copyright Registration over the cellophane wrapper
with the two-dragon design, and that Tan used an
(f) Musical compositions, with or without words; identical wrapper in his business. In his prayer for a
preliminary injunction in addition to damages, he asked
(g) Works of drawing, painting, architecture, that Tan be restrained from using the wrapper.
sculpture, engraving, lithography or other works of art;
models or designs for works of art; Tan filed an opposition alleging that Ong was not
entitled to an injunction.
(h) Original ornamental designs or models for
articles of manufacture, whether or not registrable as According to Tan, Ong did not have a clear right over the
an industrial design, and other works of applied art; use of the trademark Pagoda and Lungkow vermicelli as
these were registered in the name of Ceroilfood
(i) Illustrations, maps, plans, sketches, charts and Shandong, based in Qingdao, China.
three-dimensional works relative to geography,
topography, architecture or science; Further, Tan averred that he was the exclusive
distributor in the Philippines of the Pagoda and
(j) Drawings or plastic works of a scientific or Lungkow vermicelli and was solely authorized to use
technical character; said trademark.
(k) Photographic works including works produced He added that Ong merely copied the two-dragon
by a process analogous to photography; lantern slides; design from Ceroilfood Shandong which had the
Certificates of Registration issued by different
(l) Audiovisual works and cinematographic works countries.
and works produced by a process analogous to
cinematography or any process for making audio-visual Private respondent alleges that the trademark PAGODA
recordings; BRAND was registered in China on October 31, 1979
while the trademark LUNGKOW VERMICELLI WITH
(m) Pictorial illustrations and advertisements; TWO-DRAGON DEVICE was registered on August 15,
1985.
(n) Computer programs; and
Trial Court issued a temporary restraining order on the
(o) Other literary, scholarly, scientific and artistic same date the complaint was filed. It likewise issued the
works. writ in Ong’s favor upon his filing of a P100,000.00 bond.
172.2. Works are protected by the sole fact of their CA gave due course and granted the petition. The lower
creation, irrespective of their mode or form of court’s orders, as well as the writ of preliminary
expression, as well as of their content, quality and injunction, were set aside. Ong filed a MR from which
purpose. (Sec. 2, P.D. No. 49a) CA modified its decision and made the injunction
permanent.
Wilson Ong Ching Kian Chuan v CA
[G.R. No. 130360. August 15, 2001] ISSUE:
QUISUMBING, J.
W/N the issuance of the writ of preliminary injunction
FACTS: in favor of private respondent was proper?
(h) Original ornamental designs or models for Republic Act No. 8293 – Intellectual Property
articles of manufacture, whether or not registrable as Code
an industrial design, and other works of applied art;
ORIGINAL WORKS
(i) Illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography, Section 172. Literary and Artistic Works. - 172.1.
topography, architecture or science; Literary and artistic works, hereinafter referred to as
"works", are original intellectual creations in the literary
(j) Drawings or plastic works of a scientific or and artistic domain protected from the moment of their
technical character; creation and shall include in particular:
(k) Photographic works including works produced (a) Books, pamphlets, articles and other writings;
by a process analogous to photography; lantern slides;
(b) Periodicals and newspapers;
(l) Audiovisual works and cinematographic works
and works produced by a process analogous to (c) Lectures, sermons, addresses, dissertations
cinematography or any process for making audio-visual prepared for oral delivery, whether or not reduced in
recordings; writing or other material form;
172.2. Works are protected by the sole fact of their (g) Works of drawing, painting, architecture,
creation, irrespective of their mode or form of sculpture, engraving, lithography or other works of art;
expression, as well as of their content, quality and models or designs for works of art;
purpose. (Sec. 2, P.D. No. 49a)
(h) Original ornamental designs or models for
articles of manufacture, whether or not registrable as CHAPTER IV
an industrial design, and other works of applied art; WORKS NOT PROTECTED
(i) Illustrations, maps, plans, sketches, charts and Section 175. Unprotected Subject Matter. -
three-dimensional works relative to geography, Notwithstanding the provisions of Sections 172 and
topography, architecture or science; 173, no protection shall extend, under this law, to any
idea, procedure, system, method or operation, concept,
(j) Drawings or plastic works of a scientific or principle, discovery or mere data as such, even if they
technical character; are expressed, explained, illustrated or embodied in a
work; news of the day and other miscellaneous facts
(k) Photographic works including works produced having the character of mere items of press
by a process analogous to photography; lantern slides; information; or any official text of a legislative,
administrative or legal nature, as well as any official
(l) Audiovisual works and cinematographic works translation thereof (n)
and works produced by a process analogous to
cinematography or any process for making audio-visual Section 176. Works of the Government. - 176.1. No
recordings; copyright shall subsist in any work of the Government
of the Philippines. However, prior approval of the
(m) Pictorial illustrations and advertisements; government agency or office wherein the work is
created shall be necessary for exploitation of such work
(n) Computer programs; and for profit. Such agency or office may, among other
things, impose as a condition the payment of royalties.
(o) Other literary, scholarly, scientific and artistic No prior approval or conditions shall be required for the
works. use of any purpose of statutes, rules and regulations,
and speeches, lectures, sermons, addresses, and
172.2. Works are protected by the sole fact of their dissertations, pronounced, read or rendered in courts of
creation, irrespective of their mode or form of justice, before administrative agencies, in deliberative
expression, as well as of their content, quality and assemblies and in meetings of public character. (Sec. 9,
purpose. (Sec. 2, P.D. No. 49a) first par., P.D. No. 49)
173.2. The works referred to in paragraphs (a) and (b) FRANCISCO G. JOAQUIN, JR. and BJ PRODUCTIONS,
of Subsection 173.1 shall be protected as new works: INC. vs. HONORABLE RANKLIN M. DRILON, GABRIEL
Provided however, That such new work shall not affect ZOSA, WILLIAM ESPOSO, FELIPE MEDINA, JR., and
the force of any subsisting copyright upon the original CASEY FRANCISCO
works employed or any part thereof, or be construed to
imply any right to such use of the original works, or to FACTS:
secure or extend copyright in such original works. (Sec.
8, P.D. 49; Art. 10, TRIPS) Petitioner BJ Productions, Inc. (BJPI) is the holder /
grantee of Certificate of Copyright No. M922, dated
Section 174. Published Edition of Work. - In addition to January 28, 1971, of Rhoda and Me, a dating game show
the right to publish granted by the author, his heirs, or aired from 1970 to 1977.
assigns, the publisher shall have a copyright consisting
merely of the right of reproduction of the typographical On June 28, 1973, petitioner BJPI submitted to the
arrangement of the published edition of the work. National Library an addendum to its certificate of
copyright specifying the show’s format and style of dissimilarity may be found by merely describing the
presentation. general copyright / format of both dating game shows.
Upon complaint of petitioners, information for violation United Feature Syndicate vs. Musingwear
of PD No. 49 was filed against private respondent Zosa
together with certain officers of RPN 9 for airing It’s a Facts:
Date. It was assigned to Branch 104 of RTC Quezon City.
Petitioner is asking for the cancellation of the
Zosa sought review of the resolution of the Assistant registration of trademark CHARLIE BROWN
City Prosecutor before the Department of Justice. (Registration No. SR. 4224) in the name of respondent
MUNSINGWEAR, alleging that petitioner is damaged by
On August 12, 1992, respondent Secretary of Justice the registration of the trademark CHARLIE BROWN of T-
Franklin M. Drilon reversed the Assistant City Shirts under Class 25 with the Registration No. SR-4224
Prosecutor’s findings and directed him to move for the dated September 12, 1979 in the name of Munsingwear
dismissal of the case against private respondents. Creation Manufacturing Co., Inc., on the following
grounds: (1) that respondent was not entitled to the
Petitioner Joaquin filed motion for reconsideration but registration of the mark CHARLIE BROWN, & DEVICE at
such was denied. the time of application for registration; (2) that CHARLIE
BROWN is a character creation or a pictorial illustration,
ISSUE: the copyright to which is exclusively owned worldwide
Whether the format or mechanics or petitioner’s by the petitioner; (3) that as the owner of the pictorial
television show is entitled to copyright protection. illustration CHARLIE BROWN, petitioner has since 1950
and continuously up to the present, used and
HELD: reproduced the same to the exclusion of others; (4) that
the respondent-registrant has no bona fide use of the
The Court ruled that the format of the show is not trademark in commerce in the Philippines prior to its
copyrightable. Sec. 2 of PD No. 49, otherwise known as application for registration.
the Decree on Intellectual Property, enumerates the
classes of work entitled to copyright protection. The Respondent’s claim: It uses, the trademark "CHARLIE
provision is substantially the same as Sec. 172 of the BROWN" & "DEVICE" on children's wear such as T-shirts,
Intellectual Property Code of the Philippines (RA 8293). undershirts, sweaters, brief and sandos, in class 25;
The format or mechanics of a television show is not whereas "CHARLIE BROWN" is used only by petitioner
included in the list of protected works in Sec. 2 of PD No. as character, in a pictorial illustration used in a comic
49. For this reason, the protection afforded by the law strip appearing in newspapers and magazines. It has no
cannot be extended to cover them. trademark significance and therefore respondent
registrant's use of "CHARLIE BROWN" & "DEVICE" is not
Copyright, in the strict sense of the term, is purely a in conflict with the petitioner's use of "CHARLIE
statutory right. It is a new independent right granted by BROWN" -Relied on the ruling on October 2, 1984 in
the statute and not simply a pre-existing right regulated which the Director of the Philippine Patent Office
by the statute. Being a statutory grant, the rights are rendered a decision in this case holding that a copyright
only such as the statute confers, and may be obtained registration like that of the name and likeness of
and enjoyed only with respect to the subjects and by the CHARLIE BROWN may not provide a cause of action for
person and on terms and conditions specified in the the cancellation of a trademark registration.
statute.
Issue:
The Court is of the opinion that petitioner BJPI’s
copyright covers audio-visual recordings of each WHETHER THE RESPONDENT COURT OF APPEALS
episode of Rhoda and Me, as falling within the class of COMMITTED GRAVE ABUSE OF DISCRETION
works mentioned in PD 49. AMOUNTING TO EXCESS OF JURISDICTION WHEN BY
DISMISSING THE APPEAL TO IT FROM THE DECISION OF
The copyright does not extend to the general concept THE DIRECTOR OF PATENTS, IT KNOWINGLY
or format of its dating game show. DISREGARDED ITS OWN DECISION IN AC-GR. SP. NO.
0342, WHICH WAS AFFIRMED BY THIS HONORABLE
Mere description by words of the general format of the SUPREME COURT TO THE EFFECT THAT A COPYRIGHTED
two dating game shows is insufficient; the presentation CHARACTER MAY NOT BE APPROPRIATED AS A
of the master videotape in evidence was indispensable TRADEMARK BY ANOTHER UNDER PRESIDENTIAL
to the determination of the existence of a probable DECREE NO. 49.
cause.
Ruling:
A television show includes more than mere words can
describe because it involves a whole spectrum of visuals The petitioner is impressed with merit. Since the name
and effects, video and audio, such that no similarity or "CHARLIE BROWN" and its pictorial representation were
covered by a copyright registration way back in 1950 the expression that could be protected, only facts, meets
same are entitled to protection under PD No. 49, the constitutional minimum for copyright protection if
otherwise known as the "Decree on Intellectual it features an original selection or arrangement. But,
Property". Aside from its copyright registration, even though the format is original, the facts themselves
petitioner is also the owner of several trademark do not become original through association. The
registrations and application for the name and likeness copyright on a factual compilation is limited to
of "CHARLIE BROWN" which is the duly registered formatting. The copyright does not extend to the facts
trademark and copyright of petitioner United Feature themselves.
Syndicate Inc. as early as 1957 and additionally also as
TV SPECIALS featuring the "PEANUTS" characters To establish copyright infringement, two elements must
"CHARLIE BROWN”. It is undeniable from the records be proven: ownership of a valid copyright and copying
that petitioner is the actual owner of said trademark of constituent elements of the work that are original.
due to its prior registration with the Patent's Office. The first element is met in this case because the
directory contains some forward text. As to the second
FEIST PUBLICATIONS, INC. V. RURAL TEL. SERVICE CO. element, the information contains facts, which cannot
499 US 340 be copyrighted. They existed before being reported and
would have continued to exist if a telephone directory
Facts: had never been published. There is no originality in the
formatting, so there is no copyrightable expression.
Rural Telephone Service Company, Inc. (Plaintiff) Thus, there is no copyright infringement.
provides telephone service to several communities. Due
to a state regulation, it must issue an annual telephone
directory, so it published a directory consisting of white
and yellow pages. The yellow pages have
advertisements that generate revenue. Feist
Publications, Inc. (Defendant) is a publishing company
whose directory covers a larger range than a typical
directory. Defendant distributes their telephone books
free of charge, and they also generate revenue through
the advertising in the yellow pages. Plaintiff refused to
give a license to Defendant for the phone numbers in
the area, so Defendant used them without Plaintiff’s
consent. Rural sued for copyright infringement.
Issue:
Are the names, addresses, and phone numbers in a
telephone directory able to be copyrighted?
Held:
No.
Facts cannot be copyrighted, however compilations of
facts can generally be copyrighted.
Facts are not original. The first person to find and report
a particular fact has not created the fact; he has merely
discovered its existence. Facts may not be copyrighted
and are part of the public domain available to every
person.