Intellectual Property

Atty. Ramon Antonio Ruperto

By intellectual creation, the following persons acquire ownership: (1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work; (2) The composer; as to his musical composition; (3) The painter, sculptor, or other artist, with respect to the product of his art; (4) The scientist or technologist or any other person with regard to his discovery or invention. (Art. 721, NCC)

Intellectual Property Rights

Copyright and Related Rights Trademarks and Service Marks Geographic Indications Industrial Designs Patents LayoutLayout-Designs (Topographies) of Integrated Circuits Protection of Undisclosed Information

Copyright
Has to do with the rights of intellectual creators, particularly those usually, though not exclusively connected with mass communication. System of legal protection an author enjoys of the form of expression of ideas.

Trademark
"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;

Patent
Patentable Inventions. - Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.

Copyright

When is work created?

A copyrightable work is created when two (2) requirements are met: 1. originality 2. expression

Originality
How original should original be? How many ideas are so truly original that they merit legal protection as a form of property?

Expression
Mark Zuckerberg: The grounds are our thing is cool and popular and HarvardConnection is lame! I didn't use any of their code, I promise. I didn't use anything! Look, a guy who builds a nice chair doesn't owe money to everyone who ever has built a chair, okay? They came to me with an idea, I had a better one.

Expression
There is creation when an idea is expressed in some tangible medium, or at least expressed in such a away that the critical transition from bare idea or concept to product is effected. No protection shall extend to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such.

Copyrightable Works
Original Works Derivative Works

Original Works
Literary and Artistic Works. Literary and artistic works, hereinafter referred to as "works", "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books, pamphlets, articles and other writings; (b) Periodicals and newspapers; (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; (d) Letters; (e) Dramatic or dramatico-musical compositions; dramaticochoreographic works or entertainment in dumb shows (f) Musical compositions, with or without words; (g) Works of drawing, painting, architecture, sculpture engraving, lithography or other works of art; models or designs for works of art;

(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; (i) Illustrations, maps, plans, sketches, charts and threethreedimensional works relative to geography, topography, architecture or science; (j) Drawings or plastic works of a scientific or technical character; (k) Photographic works including works produced by a process analogous to photography; lantern slides; (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; audio(m) Pictorial illustrations and advertisements; (n) Computer programs; and (o) Other literary, scholarly, scientific and artistic works.

Derivative Works
The following derivative works shall also be protected by copyright: (a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and (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 arrangement of their contents.

Works Not Protected

Any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; News of the day and other miscellaneous facts having the character of mere items of press information; Any official text of a legislative, administrative or legal nature, as well as any official translation thereof.

Copyright Ownership
In the case of original literary and artistic works, copyright shall belong to the author of the work In the case of works of joint authorship, the cocoauthors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on cocoownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created

In the case of work created by an author during and in the course of his employment, the copyright shall belong to: (a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer. (b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there regularlyis an agreement, express or implied, to the contrary. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary

Copyright Rights
exclusive right to carry out, authorize or 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; 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 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

Fair Use A privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent, notwithstanding the monopoly granted to the owner by the copyright.

Fair Use
1. criticizing, commenting, and news reporting 2. use for instructional purposes, including producing multiple copies for classroom use, scholarship, research, and similar purposes

Factors
In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include: (a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes; non(b) The nature of the copyrighted work; (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) The effect of the use upon the potential market for or value of the copyrighted work

Reproduction by libraries
(a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original form; (b) Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them; when this is considered expedient, to person requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them; and (c) Where the making of such a copy is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher.

Reproduction of Computer Program

The reproduction in one (1) back-up copy or adaptation of a backcomputer program shall be permitted, without the authorization of the author of, or other owner of copyright in, a computer program, by the lawful owner of that computer program: Provided, That the copy or adaptation Provided, is necessary for: (a) The use of the computer program in conjunction with a computer for the purpose, and to the extent, for which the computer program has been obtained; and (b) Archival purposes, and, for the replacement of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lost, destroyed or rendered unusable.

Term of Protection
The copyright in works under shall be protected during the life of the author and for fifty (50) years after his death. In case of works of joint authorship, the rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published

In case of works of applied art the protection shall be for a period of twentytwentyfive (25) years from the date of making In case of photographic works, the protection shall be for fifty (50) years from publication of the work and, if unpublished, fifty (50) years from the making In case of audio-visual works including audiothose produced by process analogous to photography or any process for making audioaudio-visual recordings, the term shall be fifty (50) years from date of publication and, if unpublished, from the date of making.

Public domain
Works are in the public domain if the intellectual property rights have expired. When works are placed in the public domain, there is no copyright ownership of the intellectual property. Examples include the works of Shakespeare and Rizal and music of Mozart and Beethoven

Calculation of Term
The term of protection subsequent to the death of the author shall run from the date of his death or of publication, but such terms shall always be deemed to begin on the first day of January of the year following the event which gave rise to them.

Copyright Infringement
Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law. Infringement of copyright, or piracy, consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by statute on the owner of the copyright.

Factors in determining whether or not there is infringement

Is the part taken distinctive, i.e., something on which the first author spent much skill, effort or ingenuity? Does the author merit the degree of protection sought, to her and other producers to produce works of that sort? Would takings like this impair incentive?

Has the claimants present or future ability to exploit her work been substantially affected? Is the use unfairly enriching himself at the authors expense? Do the two works compete for much of the same market?

Plagiarism
To plagiarize is "to steal and pass off as ones own" the ideas or words of another. The "deliberate and knowing presentation of another person's original ideas or creative expressions as ones own. Plagiarism is using someone else's work without giving proper credit - a failure to cite adequately.

Infringement vs. Plagiarism

Usually, plagiarism and copyright violations go hand in hand. However, it is possible to commit copyright infringement without plagiarizing. Likewise, it is possible to commit plagiarism without committing copyright infringement.

Proposed Anti-Piracy Legislation AntiStop Online Piracy Act (SOPA) now pending before the US House of Representatives Protect Intellectual Property Act (PIPA) now pending before the US Senate

Proposed Anti-Piracy Legislation AntiThe US bills are designed to block access to sites containing unauthorized copyright material. Content owners and the US government would be given the power to request court orders to shut down sites associated with piracy. Advertisers, payment processors and internet service providers would be forbidden from doing business with infringers based overseas. Sopa also requires search engines to remove foreign infringing sites from their results, a provision absent in Pipa.

Wikipedias Statement:
My hope is that when Wikipedia shuts down on January 18, people will understand that were doing it for our readers. We support everyones right to freedom of thought and freedom of expression. We think everyone should have access to educational material on a wide range of subjects, even if they cant pay for it. We believe in a free and open Internet where information can be shared without impediment. We believe that new proposed laws like SOPA and PIPA, and other similar laws under discussion inside and outside the United States, dont advance the interests of the general public. Why is this a global action, rather than US-only? SOPA and USPIPA are just indicators of a much broader problem. All around the world, were seeing the development of legislation intended to fight online piracy, and regulate the Internet in other ways, that hurt online freedoms. Our concern extends beyond SOPA and PIPA: they are just part of the problem. We want the Internet to remain free and open, everywhere, for everyone. (Sue Gardner, Executive Director)

Googles Statement
PIPA & SOPA will censor the web. These bills would grant new powers to law enforcement to filter the Internet and block access to tools to get around those filters. We know from experience that these powers are on the wish list of oppressive regimes throughout the world. SOPA and PIPA also eliminate due process. They provide incentives for American companies to shut down, block access to and stop servicing U.S. and foreign websites that copyright and trademark owners allege are illegal without any due process or ability of a wrongfully targeted website to seek restitution. PIPA & SOPA will risk our industrys track record of innovation and job creation. These bills would make it easier to sue law-abiding U.S. lawcompanies. Law-abiding payment processors and Internet advertising Lawservices can be subject to these private rights of action. SOPA and PIPA would also create harmful (and uncertain) technology mandates on U.S. Internet companies, as federal judges second-guess technological secondmeasures used by these companies to stop bad actors, and potentially impose inconsistent injunctions on them. PIPA & SOPA will not stop piracy. These bills wouldnt get rid of pirate sites. Pirate sites would just change their addresses in order to continue their criminal activities. There are better ways to address piracy than to ask U.S. companies to censor the Internet. The foreign rogue sites are in it for the money, and we believe the best way to shut them down is to cut off their sources of funding. As a result, Google supports alternative approaches like the OPEN Act. (David Drummond, SVP Corporate Development and Chief Legal Officer)