August 12, 2017

LAND TITLES AND DEEDS

Sps. Fortuna Case

CA 141 July 26, 1894 --- 1936

RA 1942 30 years ---

PD 1073 June 12, 1945 --- enacted January 25, 1977 (30 years)

January 24, 1947 (32 year)

PD 1529 June 12, 1945 ---

Tuvera May 9, 1977 (not applicable)

Read PD 1529, Sec. 3

Requisite steps in bringing land under the Torrens System (see pp. 182 of Agcaoili book)

3 ways to publish
1. Official gazette
2. Service mail
3. Posting of sharing in a conspicuous place

Gen. Rule: First in time, first in rights.

Exception: Bad faith

Registration under Act 3344 does not prejudice any person who has a better right

CASES:

A person who has a title to a property cannot be subjected to prescription.

Boundaries in a title are binding to everyone.

Read Dream Village case important!

First to register shall be preferred by the law. (Torrens System)

fait accompli completed act

Registration is not a mode of acquiring ownership. Merely confirms but not confer
ownership.
READ:

Sec.

RA 9225

RP v. Nillas to Chavez v. NHA

IPL PRELIMS ANSWER

1. Exclusive right shall be secured to authors and artists ONLY FALSE (inventors)
2. FALSE
3. FALSE
4. FALSE
5. TRUE
6. FALSE
7. FALSE
8. FALSE
9. TRUE
10. TRUE
11. TRUE
12. TRUE
13. TRUE
14. FALSE first to file rule
15. FALSE

Essay.

1. A. What is an intellectual property? Refers to any invention and creation of the human
mind.
B. Five examples of Intellectual Property CLIP TGP
C. Differentiate Copyright, Trademark, and Patent as to Subject, Nature, and Duration
Trademark 10 years
Patent 20 years from filing date or priority date
Copyright generally, 50 years after death of the author
2. NO, (Mighty Corporation case) no retroactive effect.
3. A. Principle of Reciprocity under R.A. 8293 Any person who is a national or who is
domiciled or a person who see full text and book
B. 3 fold purpose of the Patent Law (case of Pearl and Dean)

- to foster and award invention

- to promotes disclosure of invention to the public to stimulate further innovation

- to ensure that the ideas remain in the public domain for the free use of the
public

4. a.Contractual Stipulations (88.1 to 88.4 of book)

b. Sec. 87 of the law (15 stipulations)

c. Can an article of commerce serve as a patent and at the same time a copyright protection?
(see Pearl and Dean case)

No, it has different requirements. Registration is only for copyright. Patent requirements are
stricter, the moment it is created it is protected.

A stamp and mark container can be registered as a trademark. Subsection 121.1 of IPC. Design
and model can be copyrighted

A container of goods with an original ornamental design can be registered as a trademark, can
be copyrighted and can be patented.

5. Elements of Patentabilty:

A.

- novelty

- inventive steps

- industrial applicability

B. In Graham and Co. v. What are the factors the court will look into in obviousness?

- scope and content of a prior art

- objective of non-obviousness

-level of

- see book

6. a. for trademark infringement in the Phils.? NO, to be protected in trademark, it must be

registered.

b. for copyright infringement for unauthorized use of the photographs? NO, copyright to the
photograph belong to the photographers belonging to its duties, and the newspapers

c. can Lacoste validly invoke that it is not a Filipino company? NO, Phil Courts have jurisdiction
if it is doing business in the Phils. Acc. to Art. 133 of the Corporation Code, it cannot sue but it
can be sued.

Foreign corps doing business in the Phils but not registered may not sue, but they can be sued
(general rule).

FOR NEXT MEETING: READ CHAPTER 3 AND 4