Beruflich Dokumente
Kultur Dokumente
I.
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AUTHOR , with regard to his literary,dramatic, historical, legal, philosophical, scientific or other work;
COMPOSER, as to his musical composition;
PAINTER, SCULPTOR or other ARTIST, with respect to product of his art ;
SCIENTIST or TECHNOLOGIST or any other person with regard to his discovery or invention
Historical Background Mirpuri v. C.A (G.R No. 114508, 19 Nov. 1999 ; Taada vs. Angara [G.R. No. 118295. May
2, 1997.] EN BANC
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Devt of IP in the world
PATENTS
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Birth of the PARIS CONVENTION for the protection of industrial property in Paris in 1883.
Revisions
Rome 1886
Madrid 1890 & 1891
Brussels 1897 & 1900
Washington 1911
The Hague 1925
London 1934
Lisbon - 1958
Stockholm - 1967
IP in SE Asia has not kept pace with its economic growth due to 2 factors :
a) not all SE Asian countries are parties to the Berne Convention (only Malaysia, Phils and
Thailand) are members; for the Paris Convention (only Malaysia, Philippines, Indonesia,
Singapore and Vietnam are members of the convention
b) limited use of industrial property in 1993 patent applications in ASEAN was less than 5 % of
patents in Japan and 8 % of that in US; over 4% of that in Western Europe
due to AFTA , the development of IP in Southeast Asia is likely to be rapid in the near future
Law on Intellectual Property on January 10, 1879 published in the Gaceta de Madrid on Jan. 12, 1879.
2.
Spanish Copyright Law came to the Phil by way of the Royal Decree of May 5, 1887.
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Act No. 3134 by the Philippine Legislature on March 6, 1924. 1st intellectual property law patterned after the US Copyright
Law.
5.
Republic Act No. 167, An Act to Provide the Transfer of Powers, Duties and Functions Relating to the
Protection of Copyrights From the National Library to the Patent Office. June 20, 1947.
6.
Registration and
Civil Code (1949), Art. 721-724 of Rep. Act No. 386 (of. Provisions are on Intellectual Creations.
7.
Presidential Decree No. 49, Decree on Intellectual Property. passed during Martial Law on December 15,
1972.
8.
Presidential Decree No. 285, 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. September 3, 1973
9.
Presidential Decree No. 400, Amending Presidential Decree No. 285. March 1, 1974.
10. Civil Code (1949), Art. 721-724 of Rep. Act No. 386 (of. Provisions are on Intellectual Creations)
11.
Presidential Decree No. 1203, Further Amending Presidential Decree 285, as Amended by Presidential Decree No. 400.
September 27, 1977
12. Republic Act No. 8792, An Act Providing for the Recognition and Use of Electronic Commercial and, Non-Commercial
Transactions, Penalties for Unlawful Use Thereof, and Other Purpose, popularly known as the E-Commerce Law, signed into
law on June 14, 2000, Implementing Rules and Regulations of the Electronic Commerce Act one month after the approval of
the law, 13th July 2000.
13. Republic Act No. 8293, An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office,
passed June 6 1997 and took effect January 1, 1998.
Incorporated provisions of international agreements wherein the Phil. is a signatory such as the Berne
Convention for the Protection of Literary and Artistic Works ( August 1, 1951), Exchange of Notes with the
United States for the protection and enforcement of intellectual property rights on April 6, 1993, WTO TRIPS
Agreement (Agreement on Trade Related Aspects in Intellectual Property Rights) on Dec. 15, 1994 and the
Dec. 1996 World Intellectual Property Organization (WIPO) Geneva Protocol which covered the protection of
digital technology.
Trademarks and Patents
Trademark law governed by a Trademark Law promulgated by Queen Ma. Cristina of Spain on 26 Oct. 1888 ( a modified
version version of the Spanish TM law)
Patents unknown whether Spanish Patent Law was enforced in the Philippines; records show that Spanish authorities
referred patent matters to Spain
Art. 13 of TP provides that copyrights, trademarks and patents that were granted by the Spanish authorities continue to have
legal effect in the Philippines
AMERICAN REGIME
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1903 (Mar. 6) Act No. 666 Trademarks and Tradename Law of the Philippine Islands
1909 (Mar. 6) Act No 3134 (Copyright law of the Philippine Islands)
1913 (Feb. 10) US Patent Laws applicability in the Philippine island
Trademark system was under the Bureau of Forestry
Patent system under the Executive Bureau.
After Philippine Independence
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Copyright ensures the payment of adequate royalties to authors of literary and artistic works
as compensation for their efforts so they can devote fully their energies to the production of
such works
Trademarks promote an open market & ensure free competition by enabling consumer to
make informed choices between various goods
Patents secure the result of investment in research and innovation
Amendments to Republic Act No. 8293 or to the Intellectual Property Code or RA 8293
1.
Republic Act No. 9168, - June 7, 2002 (Philippine Plant Variety Protection Act of 2002)
Section 2. Statement of Policies.
a) The State recognizes that an effective intellectual property system in general and the development of new plant
variety in particular is vital in attaining food security for the country. To this end, it shall protect and secure the exclusive
rights of breeders with respect to their new plant variety particularly when beneficial to the people for such periods as
provided for in this Act.
b) The use of intellectual property bears a socioeconomic function. To this end, the State shall promote the diffusion of
technology and information for the promotion of national development and progress for the common good
2.
Republic Act No. 9239, Feb. 10, 2004 - Regulating Optical Media, Reorganizing the VIDEOGRAM REGULATORY BOARD
3.
Republic Act No. 9502, June 6, 2008 Cheaper and Quality Medicines Act
4.
Republic Act No. 10055, entitled "An Act Providing the Framework and Support System for the Ownership,
Management, Use, and Commercialization of Intellectual Property Generated from Research and Development Funded by
Government and for Other Purposes" also known as the "Philippine Technology Transfer Act of 2009
II.
III.
Berne and Paris conventions had separate international secretariats to administer the 2 conventions. They were later
placed under the supervision of the Swiss Federal government with their headquarters in Berne.
1893, the two secretariats united and after undergoing several changes became the United International Bureau for the
Protection of Intellectual Property (BIRPI, the acronym for the French version of the name)
1960 BIRPI moved its headquarters to Geneva
1967 diplomatic conference on IP in Stockholm (creation of WIPO) to succeed BIRPI
1974 WIPO became a specialized agency of the UN
Relationship between WIPO and WTO
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WTO
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1993 Uruguay Round of the multilateral trade negotiations under the auspices of GATT was concluded on
Dec. 15, 1993
which involved discussions for the first time on the protection of intellectual property in relation to
international trade
countries cant agree on the most basic issues of the agenda such as :
1. coverage of IP
2. minimum levels of protection
3. adoption by member countries of procedures for the enforcement of IPR
discussions collapsed on 2 occasions but later paved the way for the Agreement on Trade Related Aspects
of IPR (TRIPS Agreement ) which took effect on Jan. 1, 1995
also led to the agreement establishing the WTO, effective Jan. 1, 1995
Core Principles:
a) national treatment treat foreigners the way you protect nationals
b) principle of automatic protection no need to register copyrights
c) principle of independence of protection nationals from different states should have protection of their own works
2. TRIPS Agreement Trade Related Aspects of IP Rights, a sub-agreement of the GATT,
Core Principles:
a) Principle of independence of protection of Intellectual property
b) National treatment of the IP owner
c) Most favored nation principle treat all signatories similarly, no special treatment should be given to any nation
Establishment of minimum standards of protection as to enforcement of IPR transnationally is likewise embodied in the TRIPS
agreement as one of its salient features
Notable Features of the TRIPS Agreement
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incorporates by reference most of the standards of protection of copyright/related rights under the two
conventions
explicit recognition of computer software as proper subject of copyright
explicit recognition of micro-organisms and non-biological processes for the production of plants and
animals as patentable
includes substantial number of additional obligations on matters where the Berne and Paris Conventions
were silent or inadequate, eg :
a)
b)
***WTO and IPO has a mutually supportive relationship. WTO has a dispute resolution mechanism, while
WIPO promotes IP in developing countries. The two concluded an agreement which took effect on Jan. 1,
1996 providing cooperation in areas such as :
2. access
3. collection
4. translation of national laws and regulation