2010Copyright Laws and Cases (1)

7/28/2019 2010Copyright Laws and Cases (1)

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INTELLECTUAL PROPERTY LAW(Rep. Act No. 8293) & THE LATEST

INFORMATION TECHNOLOGY by

MILAGROS SANTOS-ONGSEMINAR ON: BREAKING THE BARRIERS:PHILIPPPINE GROUP OF LAW LIBRARIANS

PALMAS DEL Mar, Bacolod CityApril 27, 2010


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LAWS

Agpalo in his book entitled, StatutoryConstruction , (1995, p.1) defined Law as

a rule of conduct formulated and madeobligatory by legitimate power of thestate. It includes statutes enacted bylegislature, issuances of the President in

exercise of legislative power..


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LAWS

SOME OF LAWS NEED TO BE AMENDEDTO BE ATTUNED TO THE TIMES OR TOTHE PRESENT CONDITIONS

ONE OF THESE LAWS IS THEINTELLECTUAL PROPERTY LAW - Rep.Act No. 8293


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HISTORY OF COPYRIGHT LAWS

1. Law on Intellectual Property on January 10, 1879published 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.

3. US Copyright Law under the Treaty of Paris of 10th December 1898.4. Act No. 3134 by the Philippine Legislature on March 6, 1924.

1 st 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 Registration andProtection of Copyrights From the National Library to the Patent Office.

June 20, 1947 .


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6. 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 theCompulsory 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 tobe Detrimental to the National Interest. September 3, 1973

9. Presidential Decree No. 400 , Amending PresidentialDecree No. 285. March 1, 1974.

10. Presidential Decree No. 1203 , Further Amending Presidential Decree 285, as Amended by Presidential Decree No. 400. September 27, 1977


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11. Republic Act No. 8792 , An Act Providing for the Recognition and Use of Electronic Commercial and, Non-Commercial Transactions, Penalties for Unlawful UseThereof, and Other Purpose, popularly knownas the E-Commerce Law , signed into law onJune 14, 2000, Implementing Rules and Regulations of the Electronic Commerce Act onemonth after the approval of the law, 13th July2000.


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11. INTELLECTUAL PROPERTY LAW

Republic Act No. 8293 , An Act Prescribing theIntellectual Property Code and Establishing theIntellectual Property Office, passed June 6 1997and took effect January 1, 1998.

Incorporated provisions of international agreements wherein thePhil. is a signatory such as the Berne Convention for the Protectionof Literary and Artistic Works ( August 1, 1951), Exchange of Noteswith the United States for the protection and enforcement of intllectual 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 theprotection of digital technology.


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AMENDMENTS TO REP. ACT NO. 8293,INTELLECTUAL PROPERTY CODE

Republic Act No. 9502 June 6, 2008

CHEAPER AND QUALITY MEDICINES ACT ,

Chapter 2 of Rep. Act No. 8293, on patents of medicinesRepublic Act No. 9239 Feb. 10, 2004Regulating Optical Media, Reorganizingthe VIDEOGRAM REGULATORY BOARD
http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.htmlhttp://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html


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REPUBLIC ACT NO. 9168 June 7, 2002Phil. Plant Variety Protection Act of 2002Section 2. Statement of Policies. a) The State recognizes that an effectiveintellectual property system in general and thedevelopment of new plant variety in particular isvital in attaining food security for the country. Tothis end, it shall protect and secure the exclusiverights of breeders with respect to their new plantvariety particularly when beneficial to the peoplefor such periods as provided for in this Act.b) The use of intellectual property bears asocioeconomic function. To this end, the Stateshall promote the diffusion of technology andinformation for the promotion of nationaldevelopment and progress for the common good.


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REPUBLIC ACT NO. 10055S.B. NO. 3416 H.B. 5208

An act providing the framework and support system forthe ownership, management, use and commercializationof Intellectual Property generated from research anddevelopment funded by government and other purposes .

Approved March 23, 2010.Effective 15 days after publicationBusiness Mirror, April 23, 2010

PHILIPPINE TECHNOLOGY TRANSFERACT OF 2009


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S.B. NO. 3416Prepared by the Jt. Cttee.on Trade & Commerce, Science

& Technology and Finance with Senators Angara,Legarda and Roxas

S. B. 1721 introduced by Sen. AngaraS. B. No. 2595 introduced by Sen.Legarda

H.B. 5208 introduced by CongressmanAbaya, Piamonte, Castelo-Daza,Chavez, etc.


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COPYRIGHT PROVISIONS

Copyright is vested upon the author orcreator from the time of creation irrespective of their mode or form of expression, as well as their content,quality and purpose. Existing copyrightlaws primarily cover tangible or printed

literary and artistic works.


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Pirated billsAtty. Adrian Cristobal Jr., Director of the Intellectual PropertyOffice, wrote an article, Copyright and GovernmentWorks. Business Mirror, Aug. 30, 2007 ,

stated that recently a member of Congress complained that one of his bills was pirated and passed into law but under anotherlegislators name.

Bills are considered as government works which are not protectedby the Copyright law (Section 176 of Republic Act No. 8293). This

holds true to other works of government such as official legislation(law), court decisions, administrative or legal documents. However,the government has proprietary rights if works are exploited forprofits.


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EXCEPTION NOT FOUND IN THE IPL BUT WASPROMULGATED COVERING DIGITAL WORKS

5. A.M. No. 04-7-06-SC, Re: Conditions on theCommercial Exploitation of Supreme CourtDecisions (July 20, 20040 - covers those whocompile and reproduce decisions in printed and

digital forms. Publishers are required to depositto the Supreme Court Library twenty (20) copiesof their publications.


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The term " compilation " shall refer to acomplete collection of all decisions of the Supreme Court covering a periodof more than twenty (20) years."Commercial exploitation" shallmean selling such compilation to the

public for profit;


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DURATION OF COPYRIGHTSec. 213.1 of Republic Act No. 8293the lifetime of the author and for 50 years after his death .Joint authorship, the economic rights are protectedduring the lifetime of the surviving author and for 50

years after his death.anonymous or pseudonymous works, protection is for 50years from the date of publication or from the date of itsmaking if unpublished, 50 years after his deathaudio-visual or photographic works, be 50 years frompublication or from its making, if unpublished.Works of applied arts, 25 years from the date of making


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ISSUES AND CONCERNS FOR Librarians

1. Fair Use Doctrine , sec 1852. Reproduction of the work ,

sec.177.1, sec 187.3. Reproduction by Libraries, Sec. 188.4. Digital works


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Supreme Court on copyright

There are thirty eight (38) decided cases (APPENDIX ), wherein the copyrightowners complied with the copyrightregistration at the National Library.


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COPYRIGHT INFRINGEMENT INBOOKS/PRINTED MATERIALS

1. Pedro Serrano Laktaw v. MamertoPaglinawan , G.R. No. 11937, April 1, 1918,

(44 Phil. 856-866) - registered literary work entitled Diccionario Hispano-Tagalog whichwas copied entries in the book entitledDiccionariong Kastila -Tagalog , in violation to

article 7 of the Intellectual Property Law of January 10, 1879. The Court rule that therewas infringement and ordered the book to bepulled out of the market.


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Major ConsiderationPetitioners claim that respondents lifted,copied , plagiarized and/or transposedcertain portions of their book , College English for Today , (CET) without securing their

permission in the respondents book, Developing English Proficiency . DEP) In addition to plagiarism the complaint includemisrepresentation adversely andsubstantially diminished the sale of thepetitioners book and caused them damage byway of unrealized income. Both books wereissued copyright registration.


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The Court ruled that the copying alone is not thecause of infringement but injurious effect or theharm that it has caused to the complainant. The injurycaused by the respondent Robles is lifting from

petitioners book materials and misrepresentingthem as her own . When respondent circulated the book for commercial use without acknowledging petitioners as her source, this may have adverselyand substantially diminished the sale of the

petitioners book and caused them damage by way of unrealized income.


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ReproductionReproduction is a major problem as far as copyright lawsare concerned. Photocopying shops surround theuniversities. This condition has not been solved andbased on International Intellectual Property Alliance(IIPA) in their 2007 Special 301 Report (page 373),statistics trade loss attributed to reproduction isincreasing. Said report has even identified the areas

university beltin Manila and a particular street in mostcities

Reproduction of downloaded works by uploading thenin other websites/blogs, etc. OR printing/photcopying Reproduction of Computer Programs, Sec. 189.1


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DIGITAL WORKS

AND THE NET


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In the Unites States, the Digital MillenniumCopyright Act (DMCA), Pub. L. No. 105-

304, 112 Stat. 2860, was signed by PresidentBill Clinton on 28th October 1998l, coverswebcasting activities. This law provides that

it is a crime to create or sell any technologythat could be used to break copyright protection devises.


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Intellectual Property Code Rep.Act No. 8293

passed June 6 1997 and took effectJanuary 1, 1998.


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DIGITAL WORKS

There are no clear cut rules or expressed provisions of copyright law on digital technology.

Sec. 172, Republic Act No. 8293 explicitly includedcomputer programs in its enumeration of said works.However the use of mode or form of expression in

section 172.2 maybe interpreted as to cover digital

works.


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4. Reproduction of Computer Programs,Sec. 189.1

Reproduction of one backup copy or adaptation is permitted provided:(a) Use of the program in conjunction with the

purpose and to the extent to which the computer program is obtained;(b) Archival purposes or replacement of the lawfullyobtained copy which is lost,destroyed or rendered unusable .


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Section 189.2

No copy or adaption mentioned in this Sectionshall be used for any other purpose other thanthe ones determined in this Section, and anysuch copy or adaptation shall be detestroyed inthe event that continued posession of the copyof the computer program ceases to be lawful .


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Section 189.3

This provision shall be without prejudice to theapplication of Section 185 whenever appropriate.

Section 185- Fair use of copyrighted works

Republic Act No 8792


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Republic Act No. 8792 E-Commerce Law

More explicit provisions on digital works but is more in business-to business and business-to-consumerstransaction. However, it recognizes the use of electronic documents, criminalizes hacking of computers or the launching of viruses and penalizes

piracy of copyrighted works (Sec. 31(b)). Toguarantee its implementation, this law provides for

penalties to related crimes particularly those thatinvolve hacking and piracy.


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Republic Act No. 8484 is an actregulating the issuance and use of accessdevices, prohibiting fraudulent actscommitted relative thereto, providing

penalties. - Deals more specifically oncommercial devices such as ATMs andcommercial transactions


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AMENDMENT TO

Rep. Act No. 8293 - Intellectual Property Code passed June 6 1997

MUST BE ATTUNED TO THE TIME OR TO THE PRESENT CONDITIONS AND TOCOMPLY WITH INTERNATIONAL LAWSAND TREATIES WHEREIN THEPHILIPPINES IS A SIGNATORY


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EXECUTIVE ISSUANCE

Adm. Order No. 86 Nov. 3, 2003

Directing All Government Agencies andIntrumentalities, Including Local Government Units,to Render Full Assistance and Cooperation in theCreation of Appropriate Linkages of their ExistingElectronic Databases with the Executive InformationSystem of the Office of the President.


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PENDING BILLS

Senate Bill No. 880 An Act Amending Certain Provisions of Rep. Act No. 8293 - Intellectual Property Code

Senator Edgardo J. Angara who authored this bill, stated that

this bill was filed to respond to the upsurge of internet piracy internet hackers victimizing even governmentwebsites and contents.(www.senate.gov.ph/press_release/2009/0606_angara2.asp)

DOJ Enchanted Kingdom


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House Bills No. 322 and 3308 by CongresswomanImee Marcos (Ilocos) and Congressman Joey Salceda (Albay),the House of Representativess amendments to the IPL weredeliberated on in the Committee on Trade & Industry chaired

by Congressman Junie Cua (Quinine )(http://congress.gov.ph)committees/commnews_det.p..)

House Bills No. 3741 and 4217 byCongresmen Rodriguez and Tiengrespectively


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WIPO COPYRIGHT TREATY (WCT)&WIPO PHONOGRAMS TREATY (WPPT)

came into force in the Philippines on October 4, 2002

A signatory is under obligation to providelegal framework of basic rights, to ensure

that creators may control the use andemployment of their works as they aredisseminated through the newtechnologies and communication systems;

and technological adjuncts to ensure thatrightholders can effectively protect theirrights and to license their works online .


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INTELLECTUAL PROPERTYCOALITION INC. REPORT

Submitted via http://regulations .govJohn J. Lesaca, ChairmanNumeriano F. Rodriguez , Jr., Secretary-General

2008: Issues and Challenges in the Protection andAdvancement of Intellectual Property Rights in thePhilippines

Recommendations:1.Passage of the bills specially to implement Internet Treaties2. Adoption of defintiverules on the prosecution level, including search and

seizures, search warrants4. Strengthening the role and function of the OMB5. Creation of more IP Courts or IP dedicated


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Software Piracy

Aniceto Ribao in his article Legal and practical considerations of software piracy (World Bulletin

13 , 44 . (1997)

Now Popular - Open Source

Software in the Internet which can beused to suit specific needs


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http://www.strategiweb.com/Phil_ipr.php

5 Common types of software piracy:

1. End-user piracy -corporate end -user piracy, additional copies without authorization 2. Client-server overuse too many employees on a network use a central copy program at

the same time

3. Internet piracy software sale online Pirate websites software for free in exchange for uploaded programsInternet auction sites offer counterfiet, out-of-channel infringing softwarePeer-to-Peer networks enable unauthorized transfer of copyrighted programs

4. Hard disk Piracy OLD new computer loads illegal copies of software5. Software counterfeiting illegal duplication and sale of copyrighted material with the

intent of directly imitating the copyrighted product

MOST VISIBLE Sale of Counterfeit CD-Roms


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SOFTWARE PIRACY

http:www.strategiweb.com/Phil_ipr.php

YOU MAY ONLY COPY, ADOPT OR RENT A COMPUTER PROGRAM IF THECOPYRIGHT OWNER GIVES YOU THEPERMISSION TO DO THIS. THIS

PERMISSION IS GIVEN IN THE FORM OFLICENSE.

T hi M L i d hi li


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Techie Mommy;Learning and teaching online Good Possibilities (A Series Part 1) By JAYE C. BAUTISTA April 7, 2009, 2:40pm

Internet usage increased from 23 percent in 2007 to 28 percent in2008. Around 28% of Filipinos in National Urban Philippines haveaccessed the internet in the past month. 5% access the internetevery day. That is an estimated 20 million internet users up by 5%

from the last years estimate. They also look for advice online before buying things aswell as other avenues of learning. Internet cafes are animportant access point . 71% have accessed the internetfrom internet cafes in the past 3 months. 47% of allinternet time are spent in internet cafes. (This wasbased on Yahoo! & Nielsen First Ever Internet HabitsStudy for the Philippines)


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WORKS IN THE ON THEINTERNET

BLOGSFRIENDSTER FACEBOOK

WHAT MUST BE DONE?


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PHILIPPINES STILL IN THEWATCHLIST

International Intellectual Property Alliance (IIPA) in their2007 Special 301 Report (page 377) (www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdf ) stated that the increase in 2006, theavailability of broadband both homes and internet cafeshas increase the threat of illegal downloads tolegitimate sales and distribution. Motion picture industryand local music recording industry are affected by theillegal loading of pirated music. MP3 format recording

are illegally downloaded to mobile phones, flash drives,recordable discs and even computer hard drive.
http://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdf


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Copyrighted works placed in theInternet

Full text of Articles, transactions or anyinformation found in the Internet have

implied consent or implied license from theauthor to download or printed and/or use it

The full text of some cannot be read unless thereader pays or subscribes to it.

House Bills No. 322 & 3308 deliberation IPO DirectorGeneral Adrian Cristobal Jr. stated, data, music. Otherworks posted in the internet form part of the publicdomain and are this freely downloable . However,there is infringement of the law if these information,dataare being exploited for profit.


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FOR BOTH INSTANCES

Infringement is committed when aportion(s) or the whole material is copiedand forms part of another

publication/website/blog withoutacknowledging AND/OR asking theauthor or asking his consent.

OTHER LAWSAFFECTED/INFRINGED


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Academic dishonesty in China by Gillian Wong, ManilaStandard, April 12, 2010 Ghostwriting, plagiarizing is rampant in China forprofessors need to author research papers to get

promoted. One ghost writers fee is aout 300 yuan or$45. This pressure to publish created ghostwriting boomwerein nearly 1 billion yuan (about $145 million) wassenton academic papers.

This is also required in some colleges and universities inthe Philippines not only for promotion but forpermanent/full-time status.


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PLAGIARISM

INQUIRER EDITORIAL (April 5, 2010)Defined Plagiarism as the act of passing off asones own the ideas or writings of another.

William Shakespeare, T.S. Elliot, Jack London. Alex Haley settled out of court for $650,000 formore than 80 passages of Harold Courlanders

The African in his Pulitzer Prize winning, The Roots.

INQUIRER EDITORIAL (April 5


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INQUIRER EDITORIAL (April 5,2010)

Measures to avoid charge of plagiarism: 1. If you use someone elses ideas, YOUSHOULD CITE THE SOURCE;

2. If the way youre using the source is unclear,MAKE IT CLEAR; and3. If you receive help from someone in writingthe paper (or report or speech), ACKNOWLEDGE

IT Even if one is paraphrasing, one is still usingsomeones ideas and arguments and MUST CITEthe original work.


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Rina Jimenez-David

Like the Inquirer editorial, Ms. David wrotethat plagiarism could have been sidestepped

by the wise use of quotation marks and timelyuse of such remarks as: as J.K. Rowling putit or as a far wiser person like Oprah

Winfrey put it


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Uploaded in the Kraft E -Groupacknowledging the Source

POPEYES Fritters

Recipe By: Popeye'sPublished in: Detroit NewsPublish Date: January, 2008Makes 4 side dishes.

Ingredients:1 box spinach -- chopped frozen thawed and squeezed dry1/4 cup onion -- finely chopped2 eggs2 Tbsp flour1 tsp cuminsalt and pepper to taste2 Tbsp olive oil

Method:In a large bowl, stir together 1 (10-ounce) package frozen, chopped spinach, thawed and squeezed dry, with 1/4 cup finely chopped onion, 2 eggs, 2tablespoons flour, 1 teaspoon ground cumin and salt and pepper to taste. Heat 2 tablespoons olive oil in large skillet and spoon heaping tablespoons of spinach batter into hot oil, do not overcrowd pan. Cook the fritters on each side until brown and crispy, about 4-5 minutes total.

Recipe Notes:Coming up with a super veggie dish isn't always easy in the winter months. Options are limited, but these spinach fritters are so good you could evenserve them as a main course along with rice or a Waldorf salad.


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2. LIBEL

Article 353 of the Revised Penal Codedefines libel as a public and maliciousimputation of a crime , or of a vice ordefect, real or imaginary, or any act,omission, condition, status orcircumstance tending to cause the

dishonor, discredit or contempt of anatural or juridical person, or to blackenthe memory of one who is dead .


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2. LIBEL

Requisites must concur:(a) it must be defamatory;(b) it must be malicious;(c) it must be given publicity;and (d) the victim must be identifiable.

.


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A recent case of Libel is

The case filed by Supreme Court JusticePresbitero Velasco for 13 counts of libelagainst Marites Vitug for her online article

on ABS-CBNNEWS.com/Nesbreak entitled SC Justice in Partisan Politics, whichappeared for 13 consective days.Senatorial candidate - Libel for internetdata line with the issue of a candidatespsychological tests


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c. Election Law

Internet ads not restricted by new Comelec guidelinesKIMBERLY JANE T. TAN, GMANews.TV 02/05/2010 | 11:38 PM

Moreover, the Commission is unable to restrict election propagandadisseminated on the Internet.

"There are no guidelines as of yet [but] this is not something that we aregoing to tread lightly on," he said, without elaborating.

Candidates are already advertising on social media such as Facebook andthrough Google ads, not to mention established media web sites(Disclosure: GMANews.TV is one such news site that has hosted politicalads).

With its millions of web sites and blogs, the Internet is a nightmare forgovernment regulators anywhere.

J k T d ill d J ti


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Jaemark Tordecilla and JustineEspina-Letrgo (PCIJ)

Election laws abandoned by candidates in onlinecampainging, Manila Times, April 8 -10, 2010

Online, betws wage war sans rules, cap on costs, Phil. Star, April 9-10, 2010

Filipino internet users is pegged at aro und 24 million and mobile phoneusers at around 63 million Candidates have taken interets on those figures to put up complex,interactive websites of their own, even as they litter popular online

publications, blogs and social networks with political propaganda. Text- blasting or sending of unsolicited SMS messages YouTube

d L b l


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d. Labor law

1. Dismissal from service Blog material

2 Appointments

3. On-Line application


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e. Censorship vis--vis INTERNET FREEDOM

Chin Wong in article Protecting onlinefreedom (Digitial Life column, Manila Standard ,)Sec of State Hillarys speech in support of Internet Freedom U.S. vision of singleinternet where all of humanity has equalaccess to knowledge and ideas

Internet censorship in China, Vietnam,Saudi Arabia, Egypt, Tunisia & Uzbekistan


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Googles announcement to pull out of Chinaunless it stop censoring search results. Toinvestigate reports that hackers are exploiting asecurity hole in Microsofts Internet explorerbrowser to hack Google Mail accounts of humanrights activists protesting policies.Italys censorship from the evils of pornography.

AustraliaPhilippines is thru the bill Cybercrime Preventon

Act as an offshoot of the Hyden Khos case


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Access Policy

Blocking of Facebook and some social socialnetworks, even YouTubeRationle1. work disruption2. viruses

3. affects the access speed of institutionalnetworks


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CONCLUSION

LIBRARIANS AS PROFESSIONALS must be honest andupright and should not compromise their principles.They should:1. Always cite the source and/or simply remember to Iquote.. 2. Internet use mustnot be abused

Blocking and/or restrictions3. Police each other Might have forgotten the law orare simply not aware that a law is infringed

4. Library Cooperation - Post in the library associationwebsites or blog important articles. PAARLwikipediaCongratulation5. Respect website policy specially its restrictions

APPENDIX


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SUPREME COURT DECISIONS ON COPURIGHTINFRINGEMENT

1. Habana v. Robles, G.R. No. 131522, July 19,1999

2.Pearl and Dean (Phil) Inc. v. Shoemart Inc. G.R.No. 148222, August 15, 2003Illuminated Display units wherein certificate of registration wasissued Pres. Decree No. 49

3. Ching v. Salinas Sr., G.R. No.161295, June 29,2005

4. Leif Spring Eye Bushing for Automobilemanufacturers

5. Joaquin Jr. v. Drilon, G.R. No. 108946, January

28, 1999, 302 SCRA 225 (1999).Co ri ht to a TV ro ram Its a Date

6. NBI-Microsoft Corp. v. Hwan, G.R. No. 147043,June 21 2005


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June 21, 2005Licensing agreement and the Department of Justices grave abuse of discretion

7. Microsoft Corp. v. Maxicorp. Inc., G.R. No.140946, September 13, 2004Unfair competition pursuant to Pres. Decree No. 49 and the RevisedPenal Code

8. Columbia Pictures Inc. v. Court of Appeals. G.R.No. 110318, August 29, 1996, , 261 SCRA 144Copyright on motion pictures and the validity of the search warrants- Pres. Decree No. 49

9. Sambar v. Levis Straus & Co., Gr. No. 132604,

March 6, 2002Director of National Library was order to cancel registration - Designon the back pocket of European jeans

10. Levis Straus (Phil) v. Vogue Traders ClothingCo., G.R. No. 132993, June 29, 2000Copyright infringement of Live & Original Jeans, pocket design

12. Summerville Merchandising v. Court of Appeals G R No 158767 June 26 2007


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Appeals, G.R. No. 158767, June 26, 2007 Plastic container of playing cards

13. Uniliver Philippines v. Court of Appeals, G.R.

No. 119298, August 10,2006 Airing of TV commercial of laundry soap double tagtac -toc.Certificate of registration was issued

14. Mighty Corporation v. E & J Gallo Winery, G.R.No. 154342, July 14, 2004Certificate of registration by the National Library was issued forLa Campanas lifetime copyright claim over Gallo cigarettelabels

15.Columbia Pictures Entertainment Inc. v. Courtof Appeals. G.R. No. 111267, September 20,1996Probable cause to determine copyright infringement of films

16. Mirpuri v. Court of Appeals, G.R No.


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114508, November 19, 1999Trademark infringement of Barbison - Convention of Paris for the Protection of Industrial Property

17. Manly Sportwear v. Dsdotte Ent., G.R.No. 165306, September 20, 2005Copyright on sportswear

18. Bayanihan Music v. BMG, G.R. No.166337, March 7, 2005Certificate of registration by the National Library wasissued for 2 musical composition of Jose Mari Chan

19. Sony Music Phils. V. Espanol, G.R. No.156804, March 14, 2005Pirated CDs


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20. Kho v. Court of Appeals, G.R. No. 115758,March 19, 2002Oval facial cream case as shown in its Certificate of registration

21. Kho v. Summerville Merchandising, G.R. No.144100, August 29, 2000

Certificate of registration by the National Library on container of beauty cream

22. Kho v. Lansanas, G.R. No. 150877, May 4,2006

Oval facial cream case

23. People v. Choi, G.R. No. 152950Probable cause on copyright infringement on fake cigaretts

24. People v. Estrada, G.R. No. 124461,


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September 25, 1998, 296 SCRA 383Search for pirated CD Pres. Decree No. 49

25. Serrano v. NLRC, G.R. 117040, May 4,2000Probable cause for issuance of search warrant

26.McDonalds v. Big Mak, G.R. No. 143993, August 18, 200427. Cucueco v. Court of Appeals, October

25, 200428. Sony Computer Entertainment Inc. v.Right Future Technology, G.R. No.169156. Feb. 15, 2007

29. Phoenix Publishing House, Inc. v. Ramos, G.R.No L-32339 March 29 1988 159 SCRA 383


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No. L 32339, March 29, 1988, 159 SCRA 383(1988).Reprint, published and distributed the of 2 books

30. 20th Century Fox Film Corp. v. Court of Appeals, G.R. Nos. 76649-51, August 19, 1988.164 SCRA 655 (1988).

31. Laktaw v. Mamerto Paglinawan, G.R. No.

11937, April 1, 1918 (44 Phil. 856-866)Copyright infringement of a dictionary32. United States v. Yam Tung Way, G. R. No.

L6217, December 18, 1911Copied, printed and reproduced a literary work with out consent

33. Philippine Education Co. Inc. V. Sotto, G.R. No.


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L-300774, January 29, 1929Common courtesy among newspaper men to give the

source of reproduction 34. Ocampo v. Tancinco, G.R. No. L-5967, January31, 1955)

35. Mauro Malang Santos v. McCullough Printing

Co., G.R. No. L-19439, October 31, 1964Use of a design for a christmas card used by Amb. Neri

36. Filipino Society of Composers, Authors andPublishers Inc. v. Tan, G.R. NO. 36402, March16, 1987Singing of Dahil sa Iyo in a restaurant

37 SANRIO COMPANY LIMITED vs EDGAR C LIM


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37. SANRIO COMPANY LIMITED vs. EDGAR C. LIM,doing business as ORIGNAMURA TRADING, G.R. No.168662 , February 19, 2008

38.PEOPLE vs. CHRISTOPHER CHOI, G.R. No. 152950, August 3, 2006a search warrant for violation of Section 168, paragraphs 2 and 3(a) and (c), in relation to Section 169 of RA 8293

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2010Copyright Laws and Cases (1)

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