B.

RELATED RIGHTS
1. MORAL RIGHTS- can be assigned after author’s death refer to sec 198 of IPC

A. ARTICLE 6bis BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
 To claim authorship; to object to certain modifications and other derogatory actions;
 After the author’s death;
 Means of redress (remedy)

NOTES:
1. Moral rights is separate with economic rights.
2. Even after the transfer of economic rights, author has a right for authorship of the work and
may object to any distortion, mutilation or other modification or derogatory action which is
prejudicial to his honor or reputation.
3. These rights remain even after death or until the expiry of the economic rights. It is
exercisable by persons or institutions authorized by law
a. By persons named in writing to be filed in the National Library
IN DEFAULT,
b. Author’s heirs
c. Director of National Library
4. Remedy is governed by the law of the country where protection is claimed.

B. INTELLECTUAL PROPERTY CODE (RA. 8293) SEC. 193-199

SEC 193 Scope of Moral Rights

A Authorship
A Alterations/ Withhold publication
O Object to Distortion, Mutilation/ Modification, Derogatory Action
R Restrain use of name
193.1. To 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;
193.2. To make any alterations of his work prior to, or to withhold it from
publication;
193.3. To 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
193.4. To 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. 34, P.D. No. 49)

SEC 194 Breach of Contract

- Cant be compelled to perform the creation of his work based on the contract OR for
publication.
- But he is liable for damages for the breach

SEC 195 Waiver of Moral Rights

- May be waived thru a written instrument EXCEPT
IF IT PERMITS ANOTHER TO:
 a. Use his name or title of his work or use his reputation to any version or adaptation
which would result to any injury to the literary or artistic reputation
b. Use his name to a work he did not create

SEC 196 CONTRIBUTION TO COLLECTIVE WORK

- Right to have his contribution attributed to his is deemed waived unless he expressly
reserves it

SEC 197 EDITING, ARRANGING AND ADAPTATION OF WORK

- The absence of contrary stipulation, it shall not be deemed to contravene the author’s rights.
Nor shall complete destruction of an unconditionally transferred work be deemed violated.

SEC 198 TERMS OF MORAL RIGHTS can be assigned after author’s death refer to sec 198 of IPC
THIS IS ALREADY AMENDED- amendment is as follows
A Authorship FOREVER
A Alterations/ Withhold publication
O Object to Distortion, Mutilation/ Modification, Derogatory Action LIFETIME PLUS 50
R Restrain use of name

SEC 199 ENFORCEMENT OF REMEDIES

-violation of this entitles for enforcement. In addition, damages in trust for the and remitted to
the heirs(upon death of author), or in default of heirs, the govt.

2. RIGHT TO PROCEEDS IN SUBSEQUENT TRANSFERS (DROIT DE SUITE OR FOLLOW UP RIGHTS)

SEC 200 SALE OR LEASE OF WORK

- Painting, sculpture, manuscript, after 1st disposition by author, author or his heirs has
inalienable right to participate up to 5% of gross proceeds.
----LIFETIME +50 YRS AFTER DEATH.

SEC 201 WORKS NOT COVERED

- Prints
- Etchings
- Engravings
- Works of applied art
- Works of similar kind wherein author primarily derives gain from proceeds or reproductions

3. NEIGHBORING RIGHTS

SEC 202 DEFINITIONS

202.1. "Performers" are actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in,
interpret, or otherwise perform literary and artistic work;
202.2. "Sound recording" means the fixation of the sounds of a performance or of other sounds, or representation of
sound, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;
202.3. An "audiovisual work or fixation" is a work that consists of a series of related images which impart the
impression of motion, with or without accompanying sounds, susceptible of being made visible and, where
accompanied by sounds, susceptible of being made audible;
202.4. "Fixation" means the embodiment of sounds, or of the representations thereof, from which they can be
perceived, reproduced or communicated through a device;
 202. 5. "Producer of a sound recording" means the person, or the legal entity, who or which takes the initiative and
has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representation of
sounds;
202.6. "Publication of a fixed performance or a sound recording" means the offering of copies of the fixed
performance or the sound recording to the public, with the consent of the right holder: Provided, That copies are
offered to the public in reasonable quality;
202.7. "Broadcasting" means the transmission by wireless means for the public reception of sounds or of images or of
representations thereof; such transmission by satellite is also "broadcasting" where the means for decrypting are
provided to the public by the broadcasting organization or with its consent;
202.8. "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage in
broadcasting; and
202.9 "Communication to the public of a performance or a sound recording" means the transmission to the public, by
any medium, otherwise than by broadcasting, of sounds of a performance or the representations of sounds fixed in a
sound recording. For purposes of Section 209, "communication to the public" includes making the sounds or
representations of sounds fixed in a sound recording audible to the public.

SEC 212

Limitations on Rights. - Sections 203, 208 and 209 shall not apply where the acts referred to in those Sections are related to:
212.1. The use by a natural person exclusively for his own personal purposes;
212.2. Using short excerpts for reporting current events;
212.3. Use solely for the purpose of teaching or for scientific research; and
212.4. Fair use of the broadcast subject to the conditions under Section 185. (Sec. 44, P.D. No. 49a)

A. RIGHTS OF PERFORMERS SEC 203-207, 215

B. RIGHTS OF PRODUCERS OF SOUND RECORDING SEC 208-210, 215
C. RIGHTS OF BROADCASTING ORGANIZATIONS SEC. 211, SEC 215.2
ABS-CBN BROADCASTING VS PHILIPPINE MULTI-MEDIA SYSTEM 2009

- No infringement of broadcasting rights of abs-cbn because PMSI does not qualify as a

broadcasting organization because it does not have the responsibilities imposed on
Broadcasting orgs.
- Broadcasting is the transmission by wireless means for public reception of sounds or of
images or of representations thereof; it includes satellites. Entities that take financial and
editorial resp for the selection and arrangement of, and investment in, the transmitted
content.
- Rebroadcasting (Art 3 of Rome Convention) is the simultaneous broadcasting by one
broadcasting orgs of the broadcast of another org.
- ABSCBN creates and transmits its own signals while PMSI merely carries such signals which
the viewers receive in its unaltered form. PMSI does not produce, select, or determine the
programs to be shown. It does not pass itself off as the origin or author of such progs but
merely retransmits based on the memorandum.

C. PD No. 285

PRESIDENTIAL DECREE No. 285 September 3, 1973

AUTHORIZING THE COMPULSORY LICENSING OR REPRINTING OF EDUCATIONAL, SCIENTIFIC

OR CULTURAL BOOKS AND MATERIALS AS A TEMPORARY OR EMERGENCY MEASURE
WHENEVER THE PRICES THEREOF BECOME SO EXORBITANT AS TO BE DETRIMENTAL TO
THE NATIONAL INTEREST

WHEREAS, the spiralling of prices of educational, scientific or cultural books and materials has reached
very serious proportion;
 WHEREAS, it is in the national interest that such books and materials be made available to everybody
at the least cost; and

WHEREAS, this can be achieved by the compulsory licensing and reprinting of both domestic and
foreign educational, scientific or cultural books and materials, as a temporary or emergency measure,
whenever their prices become exorbitant;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated
September 22, 1972, do hereby order and decree as follows:

Section 1. Whenever the price of any educational, scientific or cultural book, pamphlet and other written
materials, whether of domestic or foreign origin, has become so exorbitant as to be detrimental to the
national interest, as determined and declared by a committee composed of the Secretary of Education
and Culture, such book, pamphlet or written material may be reprinted by the Government or by any
private printer or printers for a limited period and only for the purpose of making the same available to
the people at reasonable cost.

Section 2. The reprinted books, pamphlets and materials shall bear proper acknowledgment of the
source, authorship, copyright proprietors and past printers, if known, as well as the names and
addresses of the reprinter or reprinters. If abbreviated or edited in any manner, such fact shall be stated
be stated. The following inscription shall also appear on the covers thereof: "Export of this Book or
material from the Philippines is punishable by law." The export of such reprints under any circumstance
is hereby prohibited.

Section 3. The reprinting of the above books, pamphlets and materials shall be subject to the condition
that the reprinter shall pay, in local currency, a royalty of three per centum (3%) of the gross selling
price, if so demanded by the authors, publishers or copyright proprietors concerned, whoever is legally
entitled thereto: Provided, That in the case of non-resident authors, publishers or copyright proprietors,
the payment of the royalties shall be made only to them personally in the Philippines or their respective
representative or branch offices in the Philippines.

Section 4. Any person, natural or judicial, who shall violate the provisions of this Decree shall, upon
conviction thereof, be punished by imprisonment of not less than Five Thousand Pesos nor more than
two Ten Thousand Pesos. If the violation is committed by a firm, company or corporation, the manager
or person in charge of the management of the business thereof shall be responsible thereof. Books and
materials printed or published or exported in violation of this Decree shall be immediately confiscated
and the establishment that printed or published or exported them shall forthwith be closed and its
operation discontinued.

Section 5. The Committee herein named shall promulgate rules and regulations for the implementation
of this Degree.

Section 6. This Decree shall take effect immediately, the provisions of any law, decree, executive order,
treaty or executive agreement to the contrary notwithstanding.

Done in the City of Manila, this 3rd day of September, in the year of Our Lord, nineteen hundred and
seventy-three.

Sec 239 REPEALS

VI. LAW ON TRADEMARKS, TRADENAMES AND SERVICE MARKS

A. LEGISLATIVE HISTORY
1. Republic Act. No 166
- Is repealed by IPC
- Enforced but subj to renewal following IPC

2. Sec. 239.2
Marks registered under Republic Act No. 166 shall remain in force but shall be deemed to
have been granted under this Act and shall be due for renewal within the period provided for
under this Act and, upon renewal shall be reclassified in accordance with the International
Classification. Trade names and marks registered in the Supplemental Register under
Republic Act No. 166 shall remain in force but shall no longer be subject to renewal.

3. Sec 235.2
All applications for registration of marks or trade names pending in the Bureau of Patents,
Trademarks and Technology Transfer at the effective date of this Act may be amended, if
practicable to bring them under the provisions of this Act. The prosecution of such
applications so amended and the grant of registrations thereon shall be proceeded with in
accordance with the provisions of this Act. If such amendments are not made, the prosecution
of said applications shall be proceeded with and registrations thereon granted in accordance
with the Acts under which said applications were filed, and said Acts are hereby continued in
force to this extent for this purpose only, notwithstanding the foregoing general repeal thereof
(n)

4. Sec 236
Preservation of Existing Rights. - Nothing herein shall adversely affect the rights on the
enforcement of rights in patents, utility models, industrial designs, marks and works, acquired
in good faith prior to the effective date of this Act.

5. Sec 241
Effectivity. - This Act shall take effect on 1 January 1998.

6. Sec. 239 REPEALS

B. DEFINITION OF TRADEMARKS
Sec 121.1 "Mark" means any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise and shall include a stamped or marked container of
goods; (Sec. 38, R.A. No. 166a)

DISTILLERIA WASHINGTON V. CA
- Bottles
- La tondena distillers vs distilleria Washington inc. (Case of replevin)
- La tondena has sold its marked bottled to distillera
- This case is the sale of not only the gin products but also the bottles even if it is marked
bottles.
- IF transfer is thru sale then ownership over bottles and all its attributes (jus utendi, jus
abutendi, just fruendi, just disponendi) is passed to the buyer. Sec 5
- Sec 2 and 3 of RA 623 is only applicable to filing up of bottle or use of bottle without written
consent of registrant.
C. FUNCTIONS OF TRADEMARKS

ANG V. TEODORO
- Ang Tibay brand for indoor baseball, shoes and slippers (TEODORO) vs pants and shirts
(ANG)
- Trade name is not descriptive but a fanciful or coined phrase. Function of trademark is to
point distinctively either by its own meaning or by association. Teodoro’s slippers and shoes,
by association, is known in the Philippines as their products.
- Doctrine of secondary meaning is not used
- Considered as not falling of the same class if they are so dissimilar or so foreign to each
other that it does not cause confusions among customers.
- The court has ruled that they are similar and Ang is motivated by a desire to get a free ride
on the reputation and selling power since she has not spent any advertisement.

ETEPHA VS DIRECTOR OF PATENTS

- Atussin and Pertussin
- Atussin may be registered since there was no cause for infringement that was based on
colorable imitation.
- Colorable imitation denotes such a close or ingenious imitation as to be calculated to
deceive ordinary persons, or such a resemblance to the original as to deceive ordinary
purchases, giving such attention as a purchaser usually gives and to cause him to purchase
one supposing it to be the other.
- Sound, appearance or meaning
- One must know the purpose or is familiar of it to avoid confusion and one does not ask a
medicine without such familiarity. Hence, Atussin may be registered.

MIRPURI VS COURT OF APPEALS