REMEDIES IN INTELLECTUAL PROPERTY LAW PATENTS

a.) Administrative 1.) Cance ati!n !" Patents Who -- Any interested person may, upon payment of the required fee, petition to cancel the patent or any claim thereof, or parts of the claim Grounds: (a) That what is claimed as the invention is not new or patentable (b) That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person s illed in the art (c) That the patent is contrary to public order or morality Where ! file with "ureau of #e$al Affairs #.) Civi 1.) Civi Acti!n "!r In"rin$ement What constitutes patent infrin$ement -- the ma in$, usin$, offerin$ for sale, sellin$, or importin$ a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authori%ation of the patentee Where ! re$ular courts &ama$es that may be claimed ! the court may award the actual dama$es sustained but the award must not e'ceed three (() times the amount of such actual dama$es Additional relief -- the court may, in its discretion, order that the infrin$in$ $oods, materials and implements predominantly used in the infrin$ement be disposed of outside the channels of commerce or destroyed, without compensation Who may be liable: (a) the principal infrin$er (b) anyone who actively induces the infrin$ement of a patent or provides the infrin$er with a component of a patented product or of a product produced because of a patented process nowin$ it to be especially adopted for infrin$in$ the patented invention and not suitable for substantial non-infrin$in$ use shall be liable as a contributory infringer and shall be )ointly and severally liable with the infrin$er c.) Crimina 1.) Crimina Acti!n "!r REPETITION !" In"rin$ement When -- if infrin$ement is repeated by the infrin$er or by anyone in connivance with him after finality of the )ud$ment of the court a$ainst the infrin$er *enalties:

(a) imprisonment for the period of not less than si' (+) months but not more than three (() years and,or (b) a fine of not less than -ne hundred thousand pesos (*.//,///) but not more than Three hundred thousand pesos (*(//,///) *rescription -- the criminal action shall prescribe in three (() years from date of the commission of the crime

TRADEMAR%S a.) Administrative 1.) Cance ati!n Pr!ceedin$s Who -- any person who believes that he is or will be dama$ed by the re$istration of a mar Where -- any person who believes that he is or will be dama$ed by the re$istration of a mar When: (a) within five (0) years from the date of the re$istration of the mar (b) at any time (.) if the re$istered mar becomes the $eneric name for the $oods or services, or a portion thereof, for which it is re$istered (1) if the re$istered mar has been abandoned (() if re$istration was obtained fraudulently or contrary to the provisions of the Act (2) if the re$istered mar is bein$ used by, or with the permission of, the re$istrant so as to misrepresent the source of the $oods or services on or in connection with which the mar is used (0) if the re$istered owner of the mar without le$itimate reason fails to use the mar within the *hilippines, or to cause it to be used in the *hilippines by virtue of a license durin$ an uninterrupted period of three (() years or lon$er &.) Inte ect'a Pr!(ert) Ri$*ts +i! ati!ns What -- administrative complaints for violations of laws involvin$ intellectual property ri$hts Where ! filed with "ureau of #e$al Affairs 3urisdictional 4equirement -- )urisdiction is limited to complaints where the total dama$es claimed are not less than Two hundred thousand pesos (*1//,///) Administrative *enalties that may be 5mposed: (a) cease and desist order (b) voluntary assurance of compliance or discontinuance (c) condemnation or sei%ure of products which are sub)ect of the offense (d) forfeiture of paraphernalia and all real and personal properties which have been used in the commission of the offense (e) imposition of administrative fines in such amount as deemed reasonable by the &irector of #e$al Affairs, which shall in no case be less than 6ive thousand pesos (*0,///) nor more than -ne hundred

(f)

($) (h) (i) ())

fifty thousand pesos (*.0/,///)7 5n addition, an additional fine of not more than -ne thousand pesos (*.,///) shall be imposed for each day of continuin$ violation cancellation of any permit, license, authority, or re$istration which may have been $ranted by the -ffice, or the suspension of the validity thereof for such period of time as the &irector of #e$al Affairs may deem reasonable which shall not e'ceed one (.) year withholdin$ of any permit, license, authority, or re$istration which is bein$ secured by the respondent from the -ffice assessment of dama$es 8ensure -ther analo$ous penalties or sanctions

,.) Pr!*i#iti!n !" Im(!rtati!n -CROSS./ORDER RE0ULATION) What are prohibited from bein$ imported into the *hilippines: (a) merchandise which shall copy or simulate the name of any domestic product, or manufacturer, or dealer (b) merchandise which shall copy or simulate a mar re$istered in accordance with the provisions of the 5*# (c) merchandise which shall bear a mar or trade name calculated to induce the public to believe that the article is manufactured in the *hilippines, or that it is manufactured in any forei$n country or locality other than the country or locality where it is in fact manufactured #.) Civi 1.) In"rin$ement Who is an infrin$er -- any person who shall, without the consent of the owner of the re$istered mar : (a) 9se in commerce any reproduction, counterfeit, copy, or colorable imitation of a re$istered mar or the same container or a dominant feature thereof in connection with the sale, offerin$ for sale, distribution, advertisin$ of any $oods or services includin$ other preparatory steps necessary to carry out the sale of any $oods or services on or in connection with which such use is li ely to cause confusion, or to cause mista e, or to deceive (b) 4eproduce, counterfeit, copy or colorably imitate a re$istered mar or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, si$ns, prints, pac a$es, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offerin$ for sale, distribution, or advertisin$ of $oods or services on or in connection with which such use is li ely to cause confusion, or to cause mista e, or to deceive NOTE: the infrin$ement ta es place at the moment any of the acts above are committed re$ardless of whether there is actual sale of $oods or services usin$ the infrin$in$ material Additional reliefs: (a) impoundin$ of sales invoices and other documents evidencin$ sales (b) in)unction

(c) the court may order that $oods found to be infrin$in$ be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the ri$ht holder, or destroyed: and all labels, si$ns, prints, pac a$es, wrappers, receptacles and advertisements in the possession of the defendant, bearin$ the re$istered mar or trade name or any reproduction, counterfeit, copy or colorable imitation thereof, all plates, molds, matrices and other means of ma in$ the same, shall be delivered up and destroyed &.) Un"air C!m(etiti!n Who is entitled to sue for unfair competition -- a person who has identified in the mind of the public the $oods he manufactures or deals in, his business or services from those of others, whether or not a re$istered mar is employed, has a property ri$ht in the $oodwill of the said $oods, business or services so identified, which will be protected in the same manner as other property ri$hts Who is liable for unfair competition (a) 5n $eneral -- any person who shall employ deception or any other means contrary to $ood faith by which he shall pass off the $oods manufactured by him or in which he deals, or his business, or services for those of the one havin$ established such $oodwill, or who shall commit any acts calculated to produce said result (b) 5n particular: (.) Any person, who is sellin$ his $oods and $ives them the $eneral appearance of $oods of another manufacturer or dealer, either as to the $oods themselves or in the wrappin$ of the pac a$es in which they are contained, or the devices or words thereon, or in any other feature of their appearance, which would be li ely to influence purchasers to believe that the $oods offered are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or who otherwise clothes the $oods with such appearance as shall deceive the public and defraud another of his le$itimate trade, or any subsequent vendor of such $oods or any a$ent of any vendor en$a$ed in sellin$ such $oods with a li e purpose (1) Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offerin$ the services of another who has identified such services in the mind of the public (() Any person who shall ma e any false statement in the course of trade or who shall commit any other act contrary to $ood faith of a nature calculated to discredit the $oods, business or services of another ,.) Acti!n "!r 1a se !r 1ra'd' ent Dec arati!n Who is entitled to file the action -- any person in)ured thereby for any dama$es sustained in consequence of the false or fraudulent declaration

Who is liable -- Any person who shall procure re$istration in the -ffice of a mar by a false or fraudulent declaration or representation, whether oral or in writin$, or by any false means

2.) Acti!n "!r 1a se Desi$nati!n !" Ori$in !r 1a se Descri(ti!n3Re(resentati!n Who is entitled to file action -- any person who believes that he or she is or is li ely to be dama$ed by the false desi$nation of ori$in or false description,representation Who is liable -- any person who, on or in connection with any $oods or services, or any container for $oods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false desi$nation of ori$in, false or misleadin$ description of fact, or false or misleadin$ representation of fact, which: (a) 5s li ely to cause confusion, or to cause mista e, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the ori$in, sponsorship, or approval of his or her $oods, services, or commercial activities by another person: or (b) 5n commercial advertisin$ or promotion, misrepresents the nature, characteristics, qualities, or $eo$raphic ori$in of his or her or another person;s $oods, services, or commercial activities c.) Crimina 1.) Crimina Acti!n When -- independent of the civil and administrative actions: no need to wait for a repetition *enalties -- imprisonment from two (1) years to five (0) years and a fine ran$in$ from 6ifty thousand pesos (*0/,///) to Two hundred thousand pesos(*1//,///)

COPYRI04T a.) Civi 1.) In"rin$ement (same as trademar ) other reliefs from court: (a) in)unction (b) le$al costs and other e'penses (c) impoundin$ of sales invoices and other documents evidencin$ sales, all articles and their pac a$in$ alle$ed to infrin$e a copyri$ht and implements for ma in$ them (d) destruction of all infrin$in$ copies or devices, as well as all plates, molds, or other means for ma in$ such infrin$in$ copies (e) payment of moral and e'emplary dama$es (f) sei%ure and impoundin$ of any article which may serve as evidence in the court proceedin$s

#.) Crimina 1.) Crimina Acti!n Who are liable: (a) any person infrin$in$ any ri$ht secured by provisions of 5*# (b) any person aidin$ or abettin$ an infrin$ement (c) any person who at the time when copyri$ht subsists in a wor has in his possession an article which he nows, or ou$ht to now, to be an infrin$in$ copy of the wor for the purpose of: (.) <ellin$, lettin$ for hire, or by way of trade offerin$ or e'posin$ for sale, or hire, the article: (1) &istributin$ the article for purpose of trade, or for any other purpose to an e'tent that will pre)udice the ri$hts of the copyri$ht owner in the wor : or (() Trade e'hibit of the article in public *enalties: (a) 5mprisonment of one (.) year to three (() years plus a fine ran$in$ from 6ifty thousand pesos (*0/,///) to -ne hundred fifty thousand pesos (*.0/,///) for the first offense7 (b) 5mprisonment of three (() years and one (.) day to si' (+) years plus a fine ran$in$ from -ne hundred fifty thousand pesos (*.0/,///) to 6ive hundred thousand pesos (*0//,///) for the second offense7 (c) 5mprisonment of si' (+) years and one (.) day to nine (=) years plus a fine ran$in$ from five hundred thousand pesos (*0//,///) to -ne million five hundred thousand pesos (*.,0//,///) for the third and subsequent offenses7 (d) 5n all cases, subsidiary imprisonment in cases of insolvency7