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Apso NNCKDKWLLJF JCNCNCMSK
Apso NNCKDKWLLJF JCNCNCMSK
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What is Intellectual Property?
Intellectual Property
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What is Intellectual Property?
Intellectual Property Rights
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CONFLICTS OF LAW
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Intellectual Property
Conflicts in Intellectual Property
Rights
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Conflicts occur because states have differing
rules with respect to IP rights; example:
Computer programs may be In the United States, Hence, when the creator of
patentable in the United anything under the sun is a computer program patents
States but not in Europe or patentable while in the the same in the US, he
in the Philippines. Europe, only those cannot enforce the patent in
programs with a technical Europe, unless he has also
character are patentable – registered in Europe, which
otherwise the program is is not possible since
only copyrightable. computer programs are not
patentable there.
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Intellectual Property
The Internet and the World Wide Web have
made intellectual property protection a
complicated process since violation can occur in
cyberspace which can happen in different places
at the same time.
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Intellectual Property Code and
International Conventions
Textbook vs. Practical Application
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Intellectual Property Code and
International Conventions
• A starting point for solving conflict of law
problems in Intellectual Property Law are the
national treatment provisions of the
aforementioned conventions including the
Intellectual Property Code.
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Intellectual Property Code and
International Conventions
It is a concept embodied under Sec. 3 of
Republic Act No. 8293 (I.P. Code of the
Philippines) which states that ‘any person who is
a national or who is domiciled or has a real and
effective industrial establishment in a country
which is a party to any convention, treaty or
agreement relating to intellectual property
rights or the repression of unfair competition,
to which the Philippines is also a party, or
extends reciprocal rights to nationals of the
International Conventions include the Paris Philippines by law, shall be entitled to benefits
Convention, Berne Convention, TRIPS (Trade-
Related Aspects of Intellectual Property Rights)
to the extent necessary to give effect to any
provision of such convention, treaty or
reciprocal law, in addition to the rights to which
any owner of an intellectual property right is
otherwise entitled by this Act.‘
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Intellectual Property Code and
International Conventions
• The national treatment principle bars the
extraterritorial application of foreign copyright
laws for it mandates the application of local
laws for the equal treatment of the rights of
foreigners. Otherwise, there could be no
national treatment if foreign law is applied.
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Bridgeman Art Library Ltd. v Corel Corp.
Facts:
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Bridgeman Art Library Ltd. v Corel Corp.
Facts:
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Bridgeman Art Library Ltd. v Corel Corp.
Issue:
Held:
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Approaches to
Intellectual Property
Conflicts of Law
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Approaches to IP Conflicts of Law
1. Territorial Approach
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Subafilms Ltd. v. MGM-Pache
Communications Co.
Facts:
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Subafilms Ltd. v. MGM-Pache
Communications Co.
Facts:
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Subafilms Ltd. v. MGM-Pache
Communications Co.
Issue:
Held:
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Approaches to IP Conflicts of Law
2. Most significant relationship
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Itar-Tass Russian News Agency v. Russian
Kurier Inc.
Facts:
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Itar-Tass Russian News Agency v. Russian
Kurier Inc.
Facts:
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Itar-Tass Russian News Agency v. Russian
Kurier Inc.
Issue:
Held:
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Approaches to IP Conflicts of Law
2. Most significant relationship
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Approaches to IP Conflicts of Law
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Approaches to IP Conflicts of Law
• Example:
If an infringing act is committed within
the borders of the Philippines, it is the law of
Philippines that will govern the tort claim.
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Approaches to IP Conflicts of Law
4. Public Policy Exception
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Approaches to IP Conflicts of Law
4. Public Policy Exception
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Sarl Louis Feraud Intern. v. Viewfinder,
Inc.
Facts:
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Sarl Louis Feraud Intern. v. Viewfinder,
Inc.
Facts:
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Sarl Louis Feraud Intern. v. Viewfinder,
Inc.
Issue:
Held:
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Summary:
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Thanks For Listening
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