Intellectual Property Law registration for specific use on the light boxes
meant that there could not have been any
-intangible/incorporeal property trademark infringement since registration was >transfer by assignment an essential element thereof.
Kinds: Copyright – exclusive right to publish, reproduce, sell,
Patent or license literary or artistic work. Copyright Trademark and Service Mark Original Work vs. Derivative Work Geographic Indications Layout Design of Integrated Circuits Sec. 172. Literary and Artistic Works. - Trade Secret (protection of undisclosed 172.1 Literary and artistic works, hereinafter information) referred to as"works", are original Industrial Design intellectual creations in the literary and artistic domain protected from the moment Intellectual Property Office of their creation and shall include in - Examine application for grants of Letter of particular: Patents for inventions and register utility models. (a) Books, pamphlets, articles and - Examine application for registration of marks, GI, other writings; IC, etc. (b) Periodicals and newspapers; - Register technological transfer arrangements (c) Lectures, sermons, addresses, dissertations prepared for oral Kho vs CA: distinguishes delivery, whether or not reduced in writing or other material form; Copyright – literary and artistic work which (d) Letters; are original creations, protected from the (e) Dramatic or dramatico-musical moment of creation. compositions; choreographic works or entertainment in dumb shows; >may be registered by depositing 2 (f) Musical compositions, with or copies with the National Library and without words; Supreme Court Library. (g) Works of drawing, painting, architecture, sculpture, engraving, Trademark – any visible sign capable of lithography or other works of art; distinguishing goods or services of an models or designs for works of art; enterprise. (h) Original ornamental designs or models for articles of manufacture, Patent – technical solution of a problem in whether or not registrable as an any field of human activity which is new, industrial design, and other works of involves an inventive step and is industrially applied art; applicable. (i) Illustrations, maps, plans, sketches, charts and three- Pearl and Dean vs SM: It must be noted that dimensional works relative to copyright is confined to literary and artistic geography, topography, architecture works which are original intellectual creations or science; in the literary and artistic domain protected (j) Drawings or plastic works of a from the moment of their creation. scientific or technical character; Petitioner never secured a patent for (k) Photographic works including the light boxes. It therefore acquired no works produced by a process patent rights which could have protected its analogous to photography; lantern invention, if in fact it really was. And because slides; it had no patent, petitioner could not legally (l) Audiovisual works and prevent anyone from manufacturing or cinematographic works and works commercially using the contraption. To be produced by a process analogous to able to effectively and legally preclude others cinematography or any process for from copying and profiting from the making audio-visual recordings; invention, a patent is a primordial (m) Pictorial illustrations and requirement. No patent, no protection. advertisements; Assuming arguendo that “Poster (n) Computer programs; and Ads” could validly qualify as a trademark, the failure of petitioner to secure a trademark (o) Other literary, scholarly, or adopted name leaves no doubts as to the scientific and artistic works. author’s identity, or if the author of the 172.2. Works are protected by the sole fact anonymous works discloses his identity) of their creation, irrespective of their mode or form of expression, as well as of their Rights of the Author content, quality and purpose. (Sec. 2, P. D. No. 49a) - Economic Rights: communication to public, first public distribution o rental right/public display (audio- Sec. 173. Derivative Works. - visual; cinematographic works) 173.1. The following derivative works shall also be protected by copyright: - Moral Rights: (a) Dramatizations, translations, o Attribution of authorship adaptations, abridgments, o Alteration arrangements, and other alterations o Object to distortion of literary or artistic works; and o Restrain use of name (b) 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 Assignment/Transfer of Copyright arrangement of their contents. (Sec. 2, [P] and [Q], P. D. No. 49) Sec. 180. Rights of Assignee OR LICENSEE. 173.2. The works referred to in paragraphs -180.1. The copyright may be assigned OR LICENSED in (a) and (b) of Subsection 173.1 shall be whole or in part. Within the scope of the assignment protected as a new works: Provided OR LICENSE, the assignee OR LICENSEE is entitled to all however, That such new work shall not affect the rights and remedies which the assignor OR the force of any subsisting copyright upon LICENSOR had with respect to the copyright. the original works employed or any part 180.2 The copyright is not deemed assigned OR thereof, or be construed to imply any right to LICENSED inter vivos, in whole or in part, unless there such use of the original works, or to secure or is a written indication of such intention. extend copyright in such original works. (Sec. 180.3. The submission of a literary, photographic or 8, P. D. 49; Art. 10, TRIPS) artistic work to a newspaper, magazine or periodical Sec. 174. Published Edition of Work. - In addition to for publication shall constitute only a license to make a the right to publish granted by the author, his heirs or single publication unless a greater right is expressly assigns, the publisher shall have a copy right granted. If two (2) or more persons jointly own a consisting merely of the right of reproduction of the copyright or any part thereof, neither of the owners typographical arrangement of the published edition shall be entitled to grant licenses without the prior of the work. (n) written consent of the other owner or owners. 180.4 ANY EXCLUSIVITY IN THE ECONOMIC RIGHTS IN A Must be expressed in some form, which is WORK 2 MAY BE EXCLUSIVELY LICENSED. WITHIN THE determinate, tangible, capable of perception. SCOPE OF THE EXCLUSIVE LICENSE, THE LICENSEE IS (Sec. 172, IPC) ENTITLED TO ALL THE RIGHTS AND REMEDIES WHICH Ownership of Copyright: THE LICENSOR HAD WITH RESPECT TO THE COPYRIGHT. - Author - Joint authorship (co-ownership Term of Protection – lifetime of author + 50 years - Created during employment (if made as part of duties, belongs to employer, except if stipulated to Acts that do not constitute infringement be owned by employee; if not made as part of duties, employee) Sec. 184. Limitations on Copyright. - - Commissioned work (copyright stays with author 184.1. Notwithstanding the provisions of unless stipulated) Chapter V, the following acts shall not - Producer (for exhibition purposes) constitute infringement of copyright: - Letters (author) (a) the recitation or performance of - Anonymous and Pseudonymous Works (publishers a work, once it has been lawfully shall be deemed to represent the authors of made accessible to the public, if articles and other writings published without the done privately and free of charge or names of the authors or under pseudonyms, if made strictly for a charitable or unless the contrary appears, or the pseudonyms religious institution or society; (Sec. facilities and for use in its own 10(1), P. D. No. 49) broadcast; (b) The making of quotations from a (h) The use made of a work by or published work if they are under the direction or control of the compatible with fair use and only to Government, by the National Library the extent justified for the purpose, or by educational, scientific or including quotations from professional institutions where such newspaper articles and periodicals use is in the public interest and is in the form of press summaries: compatible with fair use; Provided, That the source and the (i) The public performance or the name of the author, if appearing on communication to the public of a the work, are mentioned; (Sec. 11, work, in a place where no admission Third Par., P. D. No. 49) fee is charged in respect of such (c) The reproduction or public performance or communication to the public by communication, by a club or mass media of articles on current institution for charitable or political, social, economic, scientific educational purpose only, whose or religious topic, lectures, aim is not profit making, subject to addresses and other works of the such other limitations as may be same nature, which are delivered in provided in the Regulations; (n) public if such use is for information (j) Public display of the original or a purposes and has not been expressly copy of the work not made by reserved: Provided, That the source means of a film, slide, television is clearly indicated; (Sec. 11, P. D. image or otherwise on screen or by No. 49) means of any other device or (d) The reproduction and process: Provided, That either the communication to the public of work has been published, or, that literary, scientific or artistic works as original or the copy displayed has part of reports of current events by been sold, given away or otherwise means of photography, transferred to another person by the cinematography or broadcasting to author or his successor in title; and the extent necessary for the (k) Any use made of a work for the purpose; (Sec. 12, P. D. No. 49) purpose of any judicial proceedings (e) The inclusion of a work in a or for the giving of professional publication, broadcast, or other advice by a legal practitioner. communication to the public, sound 184.2. The provisions of this section shall be recording or film, if such inclusion is interpreted in such a way as to allow the made by way of illustration for work to be used in a manner which does not teaching purposes and is compatible conflict with the normal exploitation of the with fair use: Provided, That the work and does not unreasonably prejudice source and of the name of the the right holder's legitimate interest. author, if appearing in the work, are Sec. 185. Fair Use of a Copyrighted Work. - mentioned; 185.1. The fair use of a copyrighted work for (f) The recording made in schools, criticism, comment, news reporting, teaching universities, or educational including multiple copies for classroom use, institutions of a work included in a scholarship, research, and similar purposes is broadcast for the use of such not an infringement of copyright. schools, universities or educational Decompilation, which is understood here to institutions: Provided, That such be the reproduction of the code and recording must be deleted within a translation of the forms of the computer reasonable period after they were program to achieve the inter-operability of first broadcast: Provided, further, an independently created computer program That such recording may not be with other programs may also constitute fair made from audiovisual works which use. In determining whether the use made of are part of the general cinema a work in any particular case is fair use, the repertoire of feature films except for factors to be considered shall include: brief excerpts of the work; (a) The purpose and character of the (g) The making of ephemeral use, including whether such use is of recordings by a broadcasting a commercial nature or is for non- organization by means of its own profit education purposes; (b) The nature of the copyrighted (a) Where the work by reason of its work; fragile character or rarity cannot be (c) The amount and substantiality of lent to user in its original form; the portion used in relation to the (b) Where the works are isolated copyrighted work as a whole; and articles contained in composite (d) The effect of the use upon the works or brief portions of other potential market for or value of the published works and the copyrighted work. reproduction is necessary to supply 185.2 The fact that a work is unpublished them; when this is considered shall not by itself bar a finding of fair use if expedient, to person requesting such finding is made upon consideration of their loan for purposes of research all the above factors. or study instead of lending the Sec. 186. Work of Architecture. - Copyright in a work volumes or booklets which contain of architecture shall include the right to control the them; and erection of any building which reproduces the whole (c) Where the making of such a copy or a substantial part of the work either in its original is in order to preserve and, if form or in any form recognizably derived from the necessary in the event that it is lost, original; Provided, That the copyright in any such destroyed or rendered unusable, work shall not include the right to control the replace a copy, or to replace, in the reconstruction or rehabilitation in the same style as permanent collection of another the original of a building to which the copyright similar library or archive, a copy relates. (n) which has been lost, destroyed or rendered unusable and copies are Sec. 187. Reproduction of Published Work. - not available with the publisher. 187.1. Notwithstanding the provision of 188.2. Notwithstanding the above provisions, Section 177, and subject to the provisions of it shall not be permissible to produce a Subsection 187.2, the private reproduction of volume of a work published in several a published work in a single copy, where the volumes or to produce missing tomes or reproduction is made by a natural person pages of magazines or similar works, unless exclusively for research and private study, the volume, tome or part is out of stock; shall be permitted, without the authorization Provided, That every library which, by law, is of the owner of copyright in the work. entitled to receive copies of a printed work, 187.2. The permission granted under shall be entitled, when special reasons so Subsection 187.1 shall not extend to the require, to reproduce a copy of a published reproduction of: work which is considered necessary for the (a) A work of architecture in form of collection of the library but which is out of building or other construction; stock. (Sec. 13, P. D. 49a) (b) An entire book, or a substantial Sec. 189. Reproduction of Computer Program. - past thereof, or of a musical work in 189.1. Notwithstanding the provisions of which graphics form by reprographic Section 177, the reproduction in one (1) means; back-up copy or adaptation of a computer (c) A compilation of data and other program shall be permitted, without the materials; authorization of the author of, or other (d) A computer program except as owner of copyright in, a computer program, provided in Section 189; and by the lawful owner of that computer (e) Any work in cases where program: Provided, That the copy or reproduction would unreasonably adaptation is necessary for: conflict with a normal exploitation (a) The use of the computer program of the work or would otherwise in conjunction with a computer for unreasonably prejudice the the purpose, and to the extent, for legitimate interests of the author. which the computer program has (n) been obtained; and Sec. 188. Reprographic Reproduction by Libraries. - (b) Archival purposes, and, for the 188.1. Notwithstanding the provisions of replacement of the lawfully owned Subsection 177.6, any library or archive copy of the computer program in whose activities are not for profit may, the event that the lawfully obtained without the authorization of the author of copy of the computer program is copyright owner, make a single copy of the lost, destroyed or rendered work by reprographic reproduction: unusable. 189.2. No copy or adaptation mentioned in 190.3. Subject to the approval of the this Section shall be used for any purpose Secretary of Finance, the Commissioner of other than the ones determined in this Customs is hereby empowered to make rules Section, and any such copy or adaptation and regulations for preventing the shall be destroyed in the event that importation of articles the importation of continued possession of the copy of the which is prohibited under this Section and computer program ceases to be lawful. under treaties and conventions to which the 189.3. This provision shall be without Philippines may be a party and for seizing prejudice to the application of Section 185 and condemning and disposing of the same whenever appropriate. (n) in case they are discovered after they have Sec. 190. Importation for Personal Purposes. - been imported. (Sec. 30, P. D. No. 49) 190.1. Notwithstanding the provision of Subsection 177.6, but subject to the TRADEMARKS AND SERVICE MARKS limitation under the Subsection 185.2, the -protected for 10 years but renewable until importation of a copy of a work by an needed individual for his personal purposes shall be permitted without the authorization of the Functions: distinction, origin, quality, advertising author of, or other owner of copyright in, the work under the following circumstances: - acquired through registration (a) When copies of the work are not o certificate of registration available in the Philippines and: ▪ prima facie evidence that (i) Not more than one (1) registration is valid. copy at one time is imported for strictly Marks that cannot be registered individual use only; or (ii) The importation is by Mighty Corp vs. E & J Gallo Winery authority of and for the use of the Philippine In resolving whether goods are related, several factors Government; or come into play: (iii) The importation, consisting of not more than - the business (and its location) to which the goods three (3) such copies or belong likenesses in any one - the class of product to which the good belong invoice, is not for sale but - the product’s quality, quantity, or size, including for the use only of any the nature of the package, wrapper or container religious, charitable, or - the nature and cost of the articles educational society or - the descriptive properties, physical attributes or institution duly essential characteristics with reference to their incorporated or registered, form, composition, texture or quality or is for the encouragement - the purpose of the goods of the fine arts, or for any state school, college, - whether the article is bought for immediate university, or free public consumption, that is, day-to-day household items library in the Philippines. - the field of manufacture (b) When such copies form parts of - the conditions under which the article is usually libraries and personal baggage purchased and belonging to persons or families - the articles of the trade through which the goods arriving from foreign countries and flow, how they are distributed, marketed, are not intended for sale: Provided, displayed and sold. That such copies do not exceed three (3). The test of fraudulent simulation is to the 190.2. Copies imported as allowed by this likelihood of the deception of some persons in some Section may not lawfully be used in any way measure acquainted with an established design and to violate the rights of owner the copyright desirous of purchasing the commodity with which that or annul or limit the protection secured by design has been associated. The simulation, in order to this Act, and such unlawful use shall be be objectionable, must be as appears likely to mislead deemed an infringement and shall be the ordinary intelligent buyer who has a need to supply punishable as such without prejudice to the and is familiar with the article that he seeks to proprietor’s right of action. purchase. Sec. 123. Registrability. - respect to goods or services which 123.1. A mark cannot be registered if it: are not similar to those with respect to which registration is applied for: (a) Consists of immoral, deceptive or Provided, That use of the mark in scandalous matter, or matter which relation to those goods or services may disparage or falsely suggest a connection with persons, living or would indicate a connection between those goods or services, dead, institutions, beliefs, or and the owner of the registered national symbols, or bring them into contempt or disrepute; mark: Provided further, That the (b) Consists of the flag or coat of interests of the owner of the registered mark are likely to be arms or other insignia of the damaged by such use; Philippines or any of its political subdivisions, or of any foreign (g) Is likely to mislead the public, particularly as to the nature, quality, nation, or any simulation thereof; characteristics or geographical origin (c) Consists of a name, portrait or of the goods or services; signature identifying a particular living individual except by his (h) Consists exclusively of signs that are generic for the goods or services written consent, or the name, that they seek to identify; signature, or portrait of a deceased President of the Philippines, during (i) Consists exclusively of signs or of indications that have become the life of his widow, if any, except customary or usual to designate the by written consent of the widow; goods or services in everyday (d) Is identical with a registered mark belonging to a different language or in bona fide and established trade practice; proprietor or a mark with an earlier (j) Consists exclusively of signs or of filing or priority date, in respect of: indications that may serve in trade (i) The same goods or services, or to designate the kind, quality, quantity, intended purpose, value, (ii) Closely related goods or geographical origin, time or services, or (iii) If it nearly resembles production of the goods or rendering of the services, or other such a mark as to be likely characteristics of the goods or to deceive or cause services; confusion; (e) Is identical with, or confusingly (k) Consists of shapes that may be necessitated by technical factors or similar to, or constitutes a by the nature of the goods translation of a mark which is considered by the competent themselves or factors that affect authority of the Philippines to be their intrinsic value; (l) Consists of color alone, unless well-known internationally and in defined by a given form; or the Philippines, whether or not it is registered here, as being already the (m) Is contrary to public order or morality. mark of a person other than the 123.2. As regards signs or devices mentioned applicant for registration, and used in paragraphs (j), (k), and (l), nothing shall for identical or similar goods or services: Provided, That in prevent the registration of any such sign or device which has become distinctive in determining whether a mark is well- relation to the goods for which registration is known, account shall be taken of the knowledge of the relevant sector of requested as a result of the use that have the public, rather than of the public been made of it in commerce in the Philippines. The Office may accept as prima at large, including knowledge in the facie evidence that the mark has become Philippines which has been obtained as a result of the promotion of the distinctive, as used in connection with the applicant’s goods or services in commerce, mark; proof of substantially exclusive and (f) Is identical with, or confusingly continuous use thereof by the applicant in similar to, or constitutes a translation of a mark considered commerce in the Philippines for five (5) years before the date on which the claim of well-known in accordance with the distinctiveness is made. preceding paragraph, which is registered in the Philippines with focuses on the “similarity of the prevalent ➢ Closely related goods principle features of the competing trademarks which might cause confusion or deception and thus ➢ Same goods or services constitute infringement”. Determining ➢ Nearly resembles a mark as to cause dominance therefore includes dissecting the confusion infringing trademark and subjecting it to a ➢ Well-known mark detailed comparison with the infringed mark, ➢ Trademark dilution taking into consideration the point of view of the consumers. ➢ Misleading as to nature, quality, character, origin ➢ Generic terms - doctrine of dilution: Doctrines is a trademark law concept giving the owner - holistic test/totality rule of a famous trademark standing to forbid applied since 1909 when the Court decided others from using that mark in a way that Song Fo & Co. v. Tiu Co Siong under the old would lessen its uniqueness. In most cases, trademark law. It mandates that the entirety trademark dilution involves an unauthorized of the marks in question be considered in use of another's trademark on products that determining confusing similarity. do not compete with, and have little connection with, those of the trademark The discerning eyes of the observer must owner. focus not only on the predominant words but also on the other features appearing in both Collective Mark: signs which distinguish the labels in order that he may draw his geographical origin, material, mode of manufacture or conclusion whether one is confusingly similar other common characteristics of goods or services of to the other. different enterprises using the collective mark. The The rationale behind studying the marks as a owner may be either an association of which those whole is stated in Del Monte Corporation v. enterprises are members or any other entity, including Court of Appeals: [S]ide-by side comparison is a public institution or a cooperative. not the final test of similarity. Such comparison requires a careful scrutiny to PATENT – 20 years determine in what points the labels of the products differ…. The ordinary buyer does not Section 21.Patentable Inventions. - Any technical usually make such scrutiny nor does he solution of a problem in any field of human activity usually have the time to do so…. which is new, involves an inventive step and is industrially applicable shall be Patentable. It may be, or The question is not whether the two articles may relate to, a product, or process, or an are distinguishable by their label when set improvement of any of the foregoing. side by side but whether the general confusion made by the article upon the eye of Sec. 22 – Not Patentable: the casual purchaser who is unsuspicious and off his guard, is such as to likely result in his o illegal or immoral inventions confounding it with the original. o scientific theories, math methods It has been held that this test relies only on a o methods for treatment of visual comparison between the contending human/animal body by surgery or trademarks. On the other hand, the therapy and diagnostic methods dominancy test relies not only on the visual o plant varieties and animal breeds but also on the aural (idem sonans or similarity in sound) and connotative First to File Rule: Sec. 29, IPC – earliest filing date or comparisons and overall impressions between earliest priority date the two trademarks. Sec. 25 – Non-Prejudicial Disclosure. . - 25.1. The - test of dominancy disclosure of information contained in the application during the twelve (12) months preceding the filing date applied as early as 1917, when the Court or the priority date of the application shall not decided the case of Clarke v. Manila Candy Co. prejudice the applicant on the ground of lack of and has since been applied in over ten cases, novelty if such disclosure was made by: the latest case being McDonald’s. This test (a) The inventor; accidentally: Provided, That such invention is used (b) A patent office and the information was exclusively for the needs of the ship, vessel, aircraft, or land vehicle and not used for the manufacturing of contained (a) in another application filed by anything to be sold within the Philippines. the inventor and should not have been disclosed by the office, or (b) in an application Exploitation: filed without the knowledge or consent of the Voluntary: inventor by a third party which obtained the information directly or indirectly from the Section 87.Prohibited Clauses. - Except in cases under inventor; or Section 91, the following provisions shall be deemed prima facie to have an adverse effect on competition (c) A third party which obtained the and trade: information directly or indirectly from the inventor. 87.1. Those which impose upon the licensee the obligation to acquire from a specific source capital 25.2. For the purposes of Subsection 25.1, "inventor" goods, intermediate products, raw materials, and also means any person who, at the filing date of other technologies, or of permanently employing application, had the right to the patent. personnel indicated by the licensor; 87.2. Those pursuant to which the licensor reserves the right to fix the sale or resale prices of the products Rights Conferred manufactured on the basis of the license; Infringement 87.3. Those that contain restrictions regarding the volume and structure of production; Doctrine of Equivalents: Infringement by 87.4. Those that prohibit the use of competitive equivalents happens when a device (or process) technologies in a non-exclusive technology transfer appropriates a prior invention by incorporating its agreement; innovative concept and, although with some modification and change, performs substantially the 87.5. Those that establish a full or partial purchase same function in substantially the same way to achieve option in favor of the licensor; substantially the same result. 87.6. Those that obligate the licensee to transfer for free to the licensor the inventions or improvements Acts that do not constitute Infringement that may be obtained through the use of the licensed technology; Section 72.Limitations of Patent Rights. - The owner of 87.7. Those that require payment of royalties to the a patent has no right to prevent third parties from owners of patents for patents which are not used; performing, without his authorization, the acts 87.8. Those that prohibit the licensee to export the referred to in Section 71 hereof in the following licensed product unless justified for the protection of circumstances: the legitimate interest of the licensor such as exports 72.1. Using a patented product which has been put on to countries where exclusive licenses to manufacture the market in the Philippines by the owner of the and/or distribute the licensed product(s) have already product, or with his express consent, insofar as such been granted; use is performed after that product has been so put on 87.9. Those which restrict the use of the technology the said market; supplied after the expiration of the technology transfer 72.2. Where the act is done privately and on a non- arrangement, except in cases of early termination of commercial scale or for a non-commercial purpose: the technology transfer arrangement due to reason(s) Provided, That it does not significantly prejudice the attributable to the licensee; economic interests of the owner of the patent; 87.10. Those which require payments for patents and 72.3. Where the act consists of making or using other industrial property rights after their expiration, exclusively for the purpose of experiments that relate termination arrangement; to the subject matter of the patented invention; 87.11. Those which require that the technology 72.4. Where the act consists of the preparation for recipient shall not contest the validity of any of the individual cases, in a pharmacy or by a medical patents of the technology supplier; professional, of a medicine in accordance with a 87.12. Those which restrict the research and medical prescription or acts concerning the medicine development activities of the licensee designed to so prepared; absorb and adapt the transferred technology to local 72.5. Where the invention is used in any ship, vessel, conditions or to initiate research and development aircraft, or land vehicle of any other country entering programs in connection with new products, processes the territory of the Philippines temporarily or or equipment; 87.13. Those which prevent the licensee from adapting 93.5. If the patented invention is not being worked in the imported technology to local conditions, or the Philippines on a commercial scale, although introducing innovation to it, as long as it does not capable of being worked, without satisfactory reason: impair the quality standards prescribed by the licensor; Provided, That the importation of the patented article shall constitute working or using the patent. 87.14. Those which exempt the licensor for liability for non-fulfilment of his responsibilities under the Utility Model – any useful machine, implement, tool, technology transfer arrangement and/or liability product, which does not possess the quality of an arising from third party suits brought about by the use invention, but which is of practical utility. of the licensed product or the licensed technology; and Section 111.Prohibition against Filing of Parallel 87.15. Other clauses with equivalent effects. (Sec. 33-C Applications. - An applicant may not file two (2) (2), R.A 165a) applications for the same subject, one for utility model registration and the other for the grant of a patent Section 88.Mandatory Provisions. - The following whether simultaneously or consecutively. provisions shall be included in voluntary license contracts: Industrial Design – pattern for an industrial product or handicraft 88.1. That the laws of the Philippines shall govern the interpretation of the same and in the event of - 5 year protection, renewable twice litigation, the venue shall be the proper court in the Integrated Circuits – means a product, in its final place where the licensee has its principal office; form, or an intermediate form, in which the elements, 88.2. Continued access to improvements in techniques at least one of which is an active element and some or and processes related to the technology shall be made all of the interconnections are integrally formed in available during the period of the technology transfer and/or on a piece of material, and which is intended arrangement; to perform an electronic function 88.3. In the event the technology transfer arrangement - 10 year protection. shall provide for arbitration, the Procedure of Arbitration of the Arbitration Law of the Philippines or the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) or the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) shall apply and the venue of arbitration shall be the Philippines or any neutral country; and 88.4. The Philippine taxes on all payments relating to the technology transfer arrangement shall be borne by the licensor. (n) Compulsory Licensing – by police power of state Section 93.Grounds for Compulsory Licensing. - The Director of Legal Affairs may grant a license to exploit a patented invention, even without the agreement of the patent owner, in favor of any person who has shown his capability to exploit the invention, under any of the following circumstances: 93.1. National emergency or other circumstances of extreme urgency; 93.2. Where the public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national economy as determined by the appropriate agency of the Government, so requires; or 93.3. Where a judicial or administrative body has determined that the manner of exploitation by the owner of the patent or his licensee is anti-competitive; or 93.4. In case of public non-commercial use of the patent by the patentee, without satisfactory reason;
(Trends in Classics - Supplementary Volumes 16) Kyriakos Tsantsanoglou - of Golden Manes and Silvery Faces - The Partheneion 1 of Alcman-De Gruyter (2012)