Mortgages and Intellectual Properties

Q: Trade name?
Name a person uses to identify his products, to distinguish his product from others

Q: Service name?
Name a person uses to identify his service
ie: Car

Q: Business name?
-NOT REGULATED BY IPO
-DEPARTMENT OF TRADE AND INSDUSTRY under the BUREAU OF COMMERCE - if a person would
put up a sign, using a name, not his true name, he should register that name
of the ownership of a business

These persons may have used a confusingly similar name

Doris' beauty salon - maraming nagbukas ng Doreas beauty salon
Pag ganun ang pangalan, hindi pinayagan ng DTI

Selecta Case
The way its written
If it is registered as a trade name, register it as a trademark.

Registration Lifespan?
10 years + 10 everytime, no limit to number of renewals

Unlike patent
20 years > no renewal

Rule on use:
Where name or mark already registered in the name of another person, no other
person may use a similar or confusingly similar or confusingly similar product
1. Similar/Confusingly Similar
2. In connection with a Similar or Closely Related Product

ie. Lee Jeans vs Stylistic Mr. Lee Jeans

Obvious naman na yung gumawa ng claim

There are 2 tests to determine likelyhood of confusing one product with another
DOMINANCY TEST
Consider prevalent features that may confuse one product with another
HOLISTIC TEST
Likely confuse one product with another

ie: Alaska v Alakta case

>Confusingly similar
<Alakta pang-infant preparation
>Dominant Color ng Alaska Red, Alakta Blue

DOCTRINE OF COLORABLE IMITATION

Gives product an appearance that his product is similar or confusingly siilar to
the product of another
Calculated to maek the ordinary buyer believe that his product is the same product
of the other

"Ordinary buyer - relies on general appearances or color combinations"

ie. Wilkins vs Summit Water bottles, Del Monte v Delmonte
SMB v. Asia Brewery - Beer hausen
Walang masama dito, Walang patent lasa ng pale pilsen
Cost factor was considered by court to rule in favor of Stylistic Mr. Lee and Asia
Brewery

DOCTRINE OF SECONDARY MEANING

Name had been used so long and so exclusively, to identify a product, that
whenever it is mentioned, reference is made to said product, although the product
is not registered

Case of:
Mens shoes, biggest supplier of combat boots
Ang Tibay case - source of Doctrine

May kakaibang kaso

KOLIN (all caps) vs. kolin (small letters, foreign)

HOLISTIC TEST
-pricing

I can use "Sabon" as my soap? YES

Can I register it? NO

Immoral Words cannot be registered

Non-descriptive/misleading words cannot cannot be used
Portrait of Deceased by widow
Geographic Words - Baguio Cooking Oil

Intellectual Creation - are not necessarily inventions

Inventions are protected by patents
Intellectual Creations are protected by copyright like Books, Songs, Lyrics,
Compilations [Bookstore's Commercial Laws of the Philippines]

Q: When does copyright begin?

Moment of Creation

If an intellectual creator made a novel

Ang mas swerte ang mga heirs
ie: Michael Jackson, reputably bankrupt siya
Biglang lumaki demand for recordings

Ang bawat sale ng mga recording stations goes to royalties to be paid to the
intellectual creator

Who is entitled to copyright?

Creator
Similar to rules on patents:
1. Copyright belongs to the creator
2. If 2 or more persons work on the intellectual creation together, in the absence
of any agreement to the contrary, they become co-owners of the copyright
3. If a person hired another to do an intellectual creation in the absence of any
agreement to the contrary, copyright goes to the employer
ie: Sound of Music - Lyrics and Melody are co-owned

Unlike patents, dito walang first to file rule

4. If a person commissioned to do an intellactual creation in the absence of any
agreement to the contrary, the work belongs to the owner, but the copyrigtht goes
to the person commissioned
ie: Find an artist who will paint a mural on your wall
A copyright is a property
A copyrighted work is also property

The sale of a protected work will not make the buyer

The protected work may be sold without the finished products

A patent is a property
A patented property is also property

If you were the patent holder, have an unpaid creditor, your patent may be subject
to attachment
If you were the intellectual creator and you have a copyright, the copyright while
still belonging to the creator is subject to an attachment
Levy on the copyright

Rights of Intellectual Creator/Copyright Holder

CH has 2 rights
1. Moral Rights - right to demand authorship be acknowledged
2. Copyright/Economic Rights - pagkakakitaan, translations, other versions, right
to copy
Q When Infringement?
Q Unauthorized Copying of a protected work
Q Is every unauthorized copying of protected work considered infringement?
No. When you quote writings of the others, for personal use

Library's may reproduce for its exclusive use in case of deteriorating old
collections, which may be duplicated in whole

Q: In case of infringement, what are the remedies available to the intellectual

creator?
A: Injunction & Actual Damages & criminal Prosecution (no repetition needed) and
may include order to destroy stencil and paints, but not printing equipment

Q: What protects computer programs?

Copyright, they do not qualify as an invention

Q: What is fair use?

A: One legitimate program for every computer system

Can you bring lots of copies to the philippines from china?

No, not more than 3 copies of every movie, more than 3 kasi commercial quantity

May a television program be protected by copyright?

No,
In the case, invited the public to bring resume and installed in the computer for
them to match, another station tried to copy

News Coverage do not have copyright, pero kung may isiningit ka doon, copyrighted

Moral Rights are perpetual

If I was davinci and I painted Mona Lisa

If infringment is
It shall include destruction of stencils and paints
Sa typewritter may ribbon indicator

Can the court grant the motion when it doesn't have Jurisdiction?

Do not confuse with residual jurisdiction

Appellate Jurisdiction - residual prerogatives

>RTC has no appellate Jurisdiction, must be brought to the CA

5 ISSUES
-prematurity
-lack of cause of action
-venue
-lack of jurisdiction
you should have discussed each
should the case be dismissed? YES -> improper venue
50,000 is San Mateo outside metro manila? YES

#4 Rene