Intellectual Property Code
Intellectual Property Code
b. DERIVATIVE WORKS
(1) Dramatizations, translations, adaptations,
abridgments, arrangements, and other
alterations of literary or artistic works; and
(2) Collections of literary, scholarly or artistic
works, and compilations of data and other
materials which are original by reason of the
selection or coordination or arrangement of
their contents. (Sec. 173, IPC).
UNPROTECTED WORKS
a. Economic Rights
Copyright or economic rights shall consist of the
exclusive right to: (a) carry out, (b) authorize or
(c) prevent the following acts:
1. Reproduction of the work or substantial
portion of the work;
2. Dramatization, translation, adaptation,
abridgment, arrangement or other
transformation of the work;
RIGHTS OF AUTHORS
a. Economic Rights
Cont’d.
3. The first public distribution of the original and
each copy of the work by sale or other forms of
transfer of ownership;
4. Rental of the original or a copy of an
audiovisual or cinematographic work, a work
embodied in a sound recording, a computer
program, a compilation of data and other
RIGHTS OF AUTHORS
a. Economic Rights
Cont’d.
materials or a musical work in graphic form,
irrespective of the ownership of the original or the
copy which is the subject of the rental; (n)
5. Public display of the original or a copy of the work;
6. Public performance of the work; and
7. Other communication to the public of the work.
(Sec. 177, IPC)
RIGHTS OF AUTHORS
b. Moral Rights
1. Require that the authorship of the works be
attributed to him, in particular, the right that his
name, as far as practicable, be indicated in a
prominent way on the copies, and in connection
with the public use of his work;
2. Make any alterations of his work prior to, or
to withhold it from publication;
RIGHTS OF AUTHORS
b. Moral Rights
Cont’d
3. Object to any distortion, mutilation or other
modification of, or other derogatory action in
relation to, his work which would be prejudicial
to his honor or reputation; and
4. Restrain the use of his name with respect to
any work not of his own creation or in a
distorted version of his work. (Sec. 193, IPC)
ACTS THAT DO NOT INFRINGE
COPYRIGHT
c. Remedies
1. Injunction to prevent infringement (Sec. 216)
2. Action for damages which should be filed
within four (4) years. Damages are assessed on
the basis of the proof alleged by the plaintiff of
sales made by the defendant of the infringing
work minus whatever costs the defendant may
be able to prove and appreciated by the court.
INFRINGEMENT
c. Remedies
3. Criminal case. The infringer also exposes
himself to criminal liability wherein the law
prescribes penalties of imprisonment and fines,
including subsidiary imprisonment in case of
insolvency (Sec. 218)
TRADEMARKS
a. Requisites:
1. A technical solution of a problem in any
field of human activity;
2. It must be a novel invention;
3. Industrially applicable.
PATENTS
b. Definitions:
1. Novel – does not form part of a prior art (Sec.
23, IPC).
2. Prior Art – (i) that which has been made
available to the public anywhere in the world
before the filing date or the priority date of
application;
PATENTS
a) Useful machine;
b) Product;
c) Process
d) Improvement of any of the foregoing (a), (b)
or (c);
e) microorganism; and
f) non-biological and microbiological processes.
(Rule 201, Rules and Regulations on Inventions)
Non- Patentable Inventions