Third Requirement for Technology and the Law Subject

The video’s introduction was in Spanish that I was shocked at first upon hearing it thinking “How am I going to react on this video when I don’t even understand a word in it?” however the next speaker began to talk in English so I was relieved, The first Topic was “CALL AND RESPONSE” in relation to Mix. The Author explained further the subject which is basically making a recreation of the original video with the same concept but the actors are from different localized cultures.

 

The recreation of the original in a slightly different manner may be perceived by the viewers as GOOD, It is a change inspired by the flow of time as change of how we express ourselves. The Speaker described this as a wider range of people and make them feel empowered, entitled, obligated to participate in the recreation of their culture through the use of technology. It This focuses partly on the Joy in sharing your work to others without a fee and on the other hand, encourage the creativity, diversity, balance or better in making an effetive work of consumption and efficient amateur production of creative works of both professionals and amateurs. The Call and Response is a way to call out to the people to create for the love of creating rather than create for the love of money which is basically the right of the author which intellectual property law is guarding.

 

The speaker of the Creative Common video emphaszed that they are not against the law on Property rights but rather they go hand in hand with the said law only modified a little with regard to the choices of the Author or Owner of the rights with their consent. This is where the word Fair use comes in the picture. Fair use is the control for the use of the object or subject of property right, It is a right justified by Control. Aright in making an “ALL RIGHTS RESERVED” to “SOME RIGHTS RESERVED”. The Owner or Author will choose how his work may be changed in respect to its creation, by re-creating the Author must be acknowledge as the original creator because the original author is entitled with his Moral as well as his Economic rights.

 

What is Property right in the first place?

 

Intellectual Property

 

Intangible rights protecting the products of human intelligence and creation, such as copyrightable works, patented inventions, Trademarks and trade secrets. Although largely governed by federal law, state law also governs some aspects of intellectual property.

Intellectual property describes a wide variety of property created by musicians, authors, artists, and inventors. The law of intellectual property typically encompasses the areas of Copyrights, Patents, and Trademark law. It is intended largely to encourage the development of art, science, and information by granting certain property rights to all artists, which include inventors in the arts and the sciences. These rights allow artists to protect themselves from infringement, or the unauthorized use and misuse of their creations. Trademarks and service marks protect distinguishing features (such as names or package designs) that are associated with particular products or services and that indicate commercial source.

Copyright laws have roots in eighteenth-century English Law. Comprehensive patent laws can be traced to seventeenth-century England, and they have been a part of U.S. law since the colonial period. The copyright and patent concepts were both included in the U.S. Constitution. Under Article I, Section 8, Clause 8, of the Constitution, “The Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The first Trademark Laws were passed by Congress in the late nineteenth century, and they derive their constitutional authority from the Commerse Clause.

The bulk of intellectual property is s contained in federal statutes. Copyrights are protected by the Copyright Act (17 U.S.C.A. §§ 101 et seq. [1994]); patents are covered in the Patent Act (35 U.S.C.A. §§ 101 et seq. [1994]), and trademark protection is provided by the Lanham Act (also known as the Trademark Act) (15 U.S.C.A. §§ 1501 et seq. [1994]).

Napster and Intellectual Property

In early 1999, Shawn Fanning, who was only 18 at the time, began to develop an idea as he talked with friends about the difficulties of finding the kind of MP3 files they were interested in. He thought that there should be a way to create a program that combined three key functions into one. These functions included a search engine, file sharing (the ability to trade MP3 files directly, without having to use a centralized server for storage), and an Internet Relay Chat (IRC), which was a means of finding and chatting with other MP3 users while online. Fanning spent several months writing the code that would become the utility later known world-wide as Napster. Napster became a nonprofit on-line music-trading program which became especially popular among college students who typically have access to high-speed Internet connections.

In April 2000 the heavy metal rock group Metallica sued the on-line music-trading Website Napster for Copyright nfringement. Several universities were also named in this suit. Metallica claimed that these universities violated Metallica’s music copyrights by permitting their students to access Napster and illegally trade songs using university servers. A number of universities had banned Napster prior to April 2000 because of concerns about potential copyright infringement and/or because traffic on the Internet was slowing down university servers. Yale University, which was named in the suit, immediately blocked student access to Napster.

Metallica argued that Napster facilitated illegal use of digital audio devices, which the group alleged was a violation of the Racketeering Influenced and Corrupt Organizations (RICO) act, 18 U.S.C. § 1961. Napster responded that the Fair Use Act allows owners of compact discs to use them as they wish. Therefore if an owner of the disc decides to copy it into a computer file, he or she should be allowed to do so. If this file happens to be accessible on the Internet, then others can also access or download it without being guilty of a crime. Napster further claimed that since it made no profit off the trades, it owed no money in royalties. The Ninth Circuit held that Napster’s operation constituted copyright infringement.

Cross-references

At Law.

Intellectual property laws give owners the exclusive right to profit from a work for a particular limited period. For copyrighted material, the exclusive right lasts for 70 years beyond the death of the author. The length of the right can vary for patents, but in most cases it lasts for 20 years. Trademark rights are exclusive for ten years and can be continually renewed for subsequent ten-year periods.

Intellectual property laws do not fall in the category of Criminal Law per se. Some copyright laws authorize criminal penalties, but by and large, the body of intellectual property law is concerned with prevention and compensation, both of which are civil matters. This means that the owner, not the government, is responsible for enforcement.

Intellectual property laws provide owners with the power to enforce their property rights in civil court. They provide for damages when unauthorized use or misuse has occurred. They also provide for injunctions, or court orders, to prevent unauthorized use or misuse.

The property protected by copyright laws must be fixed in a tangible form. For example, a musician may not claim copyright protection for a melody unless it has been written down or somehow actualized and affixed with a recognizable notation or recorded. A formula or device may not receive patent protection unless it has been presented in whole to the U.S Patent and Trademark Office even then, it must satisfy several tests in order to qualify. A symbol may not receive trademark protection unless it has been placed on goods or used in connection with services.

Copyrights

Copyright laws grant to authors, artists, composers, and publishers the exclusive right to produce and distribute expressive and original work. Only expressive pieces, or writings, may receive copyright protection. A writing need not be words on paper: In copyright law, it could be a painting, sculpture, or other work of art. The writing element merely requires that a work of art, before receiving copyright protection, must be reduced to some tangible form. This may be on paper, on film, on audiotape, or on any other tangible medium that can be reproduced (i.e., copied).

The writing requirement ensures that copyrighted material is capable of being reproduced. Without this requirement, artists could not be expected to know whether they were infringing on the original work of another. The writing requirement also enforces the copyright rule that ideas cannot be copyrighted: Only the individualized expression of ideas can be protected.

Copyrighted material must be original. This means that there must be something sufficiently new about the work that sets it apart from previous similar works. If the variation is more than trivial, the work will merit copyright protection.

Functionality can be a factor in copyright law. The copyrights to architectural design, for example, are generally reserved for architectural works that are not functional. If the only purpose or function of a particular design is utilitarian, the work cannot be copyrighted. For instance, a person may not copyright a simple design for a water spigot. However, if a person creates a fancy water spigot, the design is more likely to be copyrightable.

Copyrighted material can receive varying degrees of protection. The scope of protection is generally limited to the original work that is in the writing. For example, assume that an artist has created a sculpture of the moon. The sculptor may not prevent others from making sculptures of the moon. However, the sculptor may prevent others from making sculptures of the moon that are exact replicas of his own sculpture.

Copyright protection gives the copyright holder the exclusive right to (1) reproduce the copyrighted work; (2) create derivative works from the work; (3) distribute copies of the work; (4) perform the work publicly; and (5) display the work. The first two rights are infringed whether they are violated in public or in private. The last three rights are infringed only if they are violated in public. Public showing is defined under the Copyright Act of 1976 as a performance or display to a “substantial number of persons” outside of friends and family (17 U.S.C.A. § 101).

Infringement of copyright occurs whenever someone exercises the exclusive rights of the copyright owner without the owner’s permission. The infringement need not be intentional. Copyright owners usually prove infringement in court by showing that copying occurred and that the copying amounted to impermissible appropriation. These showings require an analysis and comparison of the copyrighted work and the disputed work. Many general rules also relate to infringement of certain works. For example, a character created in a particular copyrighted work may not receive copyright protection unless he or she is developed in great detail and a character in the disputed work closely resembles that character.

The most important exception to the exclusive rights of the copyright holder is the “fair use” doctrine. This doctrine allows the general public to use copyrighted material without permission in certain situations. To varying extents, these situations include some educational activities, some literary and social criticism, some Parody and news reporting. Whether a particular use is fair depends on a number of factors, including whether the use is for profit; what proportion of the copyrighted material is used; whether the work is fictional in nature; and what economic effect the use has on the copyright owner.

The rise in electronic publication in the late twentieth century, particularly the widespread use of the Internet since the mid 1990s, caused new concerns in the area of copyright. A web site called Napster, which provided a file-sharing system whereby users could trade electronic music files, became one of the most popular sites on the Internet. The company had an estimated 16.9 million worldwide users, and the system accommodated about 65 million downloads. The Recording Industry Association of America sued Napster, eventually causing Napster to close down.

During the late 1990s, Congress enacted a series of laws that had significant impacts on the law of copyright. In 1998, Congress enacted the Sonny Bono Copyright Term Extension Act, Pub. L. No. 105-298, 112 Stat. 2827 (17 U.S.C.A. §§ 101 et seq.), which extended the terms of existing and new copyrights by 20 years, against the protests of several Lobbying groups. Also in 1998, Congress approved the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860 (17 U.S.C.A. §§ 101 et seq.), a broad-based piece of legislation that was designed to bring copyright law into the digital age.

Patents

Patent laws encourage private investment in new technologies by granting to artists the right to forbid all others to produce and distribute technological information that is new, useful, and non-obvious. The statutory requirements for patent protection are more stringent than those for copyright protection. Furthermore, because patent protection for commercial products or processes can give a tremendous market advantage to businesses, those seeking patents often find opposition to their applications. Patent protection can be obtained only through the U.S. Patent and Trademark Office.

The novelty requirement focuses on events that occur prior to the invention. Under Section 102 of the Patent Act, an invention is not novel if it is publicly used, sold, or patented by another inventor within 12 months of the patent application. This definition implements the public policy that favors quick disclosure of technological progress.

Often, two inventors apply for a patent for the same product or process within the same 12-month period. Three factors determine who wins the patent: the date and time that the product or process was conceived; the date and time that the product or process was reduced to practice; and the diligence that was used to pursue patent protection and to perfect the discovery. Generally, the first inventor to conceive the product or process has priority in the application process. However, if the second inventor is the first to reduce the product or process to practice, and the first inventor does not use diligence to obtain patent protection, the second inventor is given priority in the application process.The utility requirement ensures that the product or process receiving patent protection will have some beneficial use. The inventor must specify in the application a specific utility for the invention. If the application is for a patent on a process, the process must be useful with respect to a product. A process that is new and non-obvious, yet useless, does not increase knowledge or confer any benefit on society.

Non-obviousness is not the same as novelty. Not everything that is novel is non-obvious. Anything that is non-obvious is novel, however, unless it already has been patented. The nonobviousness requirement focuses on existing technology, or “prior art.” In determining whether an invention is non-obvious, the U.S. Patent and Trademark Office analyzes the prior art, examines the differences between the invention and the prior art, and determines the level of ordinary skill in the art. Generally, if an invention is obvious to a person of ordinary skill in the relevant art, it is not patentable.

When an inventor claims that his or her patent has been infringed, the court generally engages in a two-step process. First, it analyzes all of the relevant patent documents. It then reads the patent documents and compares them with the device or process that is accused of infringement. If each element of the accused device or process substantially duplicates an element in the patented device or process, the court may declare that the patent has been infringed. Infringement can occur only if another person uses, makes, or sells the patented device or process without the permission of the person who has received the patent.

When a patented device or process is infringed, the patent holder, or patentee, may recover in damages an amount equal to a reasonable royalty. If the infringement was willful, the infringing party may be forced to pay three times the reasonable royalty. If successful in court, the patent holder also may recover court costs and attorneys’ fees. If the patent holder anticipates infringement, he or she may apply for an Injunction, which would prohibit a certain party from infringing the patent. An injunction may also issue after a finding of infringement, to prevent repeat infringement.

Trademarks

Trademark laws allow businesses to protect the symbolic information that relates to their goods and services, by preventing the use of such features by competitors. To receive trademark protection, a mark usually must be distinctive. Distinctiveness generally applies to any coined or fanciful word or term that does not closely resemble an existing mark. A mark generally will not receive trademark protection if it is a common or descriptive term used in the marketplace.

To receive trademark protection, a mark must be used in commerce. If two or more marketers claim ownership of a certain mark, the first user of the mark will usually receive the protection. When the mark is known to consumers only in a limited geographic area, though, it may not receive protection in areas where it is unknown.

Infringement occurs if a mark is likely to cause confusion among consumers. In determining whether confusion is likely, the court examines a number of factors, including the similarity between the two marks in appearance, sound, connotation, and impression; the similarity of the goods or services that the respective marks represent; the similarity of the markets; whether the sale of the goods or services is inspired by impulse or only after careful consideration by the buyer; the level of public awareness of the mark; whether shoppers are actually confused; the number and nature of similar marks on similar goods or services; the length of time of concurrent use without actual confusion on the part of shoppers; and the variety of goods or services that the mark represents (In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 U.S.P.Q. 563 [1973]).

Defenses to infringement include fair use and collateral use. Fair use occurs when the second user, or repossessor, uses a protected mark in a non-conspicuous way to identify a component of a good or service. For example, a restaurant may use a protected mark to advertise that it serves a particular brand of soft drink, without infringing the mark. However, the restaurant may not identify itself by the mark without infringing the mark.

Collateral use is use of the same mark in a different market. For example, assume that a tree surgeon has received trademark protection for the mark Tree Huggers. This protection might or might not prevent a business that sells logging boots from using the same mark. However, if the mark for the boots is written or otherwise appears with the same defining characteristics as the mark for the tree surgeon, it risks being denied trademark protection, depending on whether it can be confused by consumers.

Remedies for infringement of a protected trademark consist of damages for the profits lost owing to the infringement; recovery of the profits realized by the infringer owing to the infringement; and attorneys’ fees. A trademark holder also may obtain injunctive relief to prevent infringement.

Other Forms of Intellectual Property

The body of intellectual property law also includes laws relating to trade secrets, Unfair Competiotion and the right of publicity. Trade Secrets aws protect any formula, pattern, device, or compilation of information that provides a business advantage over competitors who do not use or know of it. A strategy to increase worker productivity, for example, is a trade secret. Trade secrets do not receive patent protection because they are not inventive. Trade secret laws are included in intellectual property laws because, like other intellectual property laws, they prevent the unauthorized use of certain intangible subject matter.

The right of publicity is the right of a person to control the commercial value and exploitation of his or her name, voice, or likeness. Because right-of-publicity laws promote artistic and commercial pursuits, they are included among intellectual property law. These laws are usually reserved for celebrities and other public figures whose name and image are important to their career. By allowing celebrities the right to control the commercial use of their name, voice, and image, right-of-publicity laws protect the commercial potential of entertainers.

Developments

Artists face problems protecting their property in other countries because not all countries subscribe to international agreements regarding intellectual property. This has led to widespread unauthorized copying. In the 1990s, China and Mexico were identified as especially serious offenders. In both countries, music and films are copied and sold openly without compensation to the creators. The United States threatened to impose trade sanctions against China if it did not observe international copyright treaties. Such threats illustrate that the United States places a high priority on protecting the right of artists to profit from their work.

LETS HAVE AN OVERVIEW OF INTELLECTUAL PROPERTY RIGHTS

IN THE PHILIPPINES;

 

International Property Code of the Philippines was derived from the Property Code of The United States of America. It is one of the eight offices under the Office of the Secetary (OSEC) of the Department of Trade and Industry (DTI). It was created by virtue of Part I of Republic Act 8293 otherwise known as the Intellectual Property Code of the Philippines that took effect on January 1 1998. The rationale for its creation is to administer and implement State policies for an effective intellectual and industrial property system, including protecting and securing the rights of individuals to their intellectual property and creations, particularly when beneficial to the people, and promotion of spreading knowledge for progress and the common good, making more efficient the process of registering patents, trademarks and copyrights, liberalization of the registration on technology transfer, enforcing intellectual property rights. Its mission is to achieve economic, technological and sociocultural development by the effective use of the Intellectual Property System in all levels of society to create, protect, use and enforce intellectual property. And on July 23, 2012, The Congress passed Republic Act 10372 and amended Some of the pertinent provisions of Republic Act No. 8293.

 

I. REGISTRATION

 

Invention Patent

 

Definition:

 

An invention is any technical solution of a problem in any field of human activity,

which is new, involves inventive step and is industrially applicable.

 

Patent is a grant granted by a government giving an inventor the exclusive right to

exclude others from making, using, importing, and offering for sale the product of his

invention.

 

Right to Apply:

 

The right to a patent belongs to the inventor, his heirs or assigns. When two (2) or

more persons have jointly made an invention, the right to a patent belongs to them

jointly.

 

If two (2) or more persons have made the invention separately, and independently of

each other, the right to the patent belongs to the person who filed an application for

such invention, or where two or more applications are filed for the same invention, the

applicant who has the earliest filing date or the earliest priority date.

 

The person who commissions the work has the right to the patent, unless otherwise

provided in the contract.

 

In case the employee made the invention in the course of his employment, the right to

the patent belongs to: (a) the employee, if the inventive activity is not part of his

regular duties even if the employee uses the time, facilities and materials of the

employer; (b) the employer if the invention is the result of the performance of his

regularly assigned duties, unless there is an agreement, express or implied, to the

contrary.

 

 

Pre-Filing Concerns:

 

An applicant who is not a resident of the Philippines must appoint and maintain a

resident agent or representative in the Philippines upon whom notice or process for

judicial or administrative procedure relating to the application for patent or the patent

may be served.

 

 

Priority Claim:

 

An application for patent filed by any person who has previously applied for the same

invention in another country which by treaty, convention, or law affords similar

privileges to Filipino citizens, shall be considered as filed as of the date of filing the

foreign application, provided, that (a) the local application expressly claims priority;

(b) it is filed within twelve (12) months from the date when the earliest application

was filed; and (c) a certified copy of the foreign application together with an English

translation is filed within six (6) months from the date of filing in the Philippines.

Validity Period:

 

An invention patent is valid for twenty (20) years from filing date of the application.

 

 

Utility Model and Industrial Design

 

 

Definition:

 

Utility model is a “petty patent” for a new and industrially applicable technical

solution of a problem. A new and useful but obvious improvement may be protected

as utility model.

 

An industrial design is any composition of lines or colors or any three-dimensional

form, whether or not associated with lines or colors, provided, that such composition

or form gives a special appearance to and can serve as pattern for an industrial

product or handicraft. Industrial design protects the new ornamental appearance of an

article of manufacture.

Right to Apply:

 

The right to apply for utility model/ industrial design registration belongs to the

creator, his heirs or assigns. When two (2) or more persons have jointly made a utility

model/industrial design, the right to protection belongs to them jointly.

 

If two (2) or more persons have made the utility model/ industrial design separately,

and independently of each other, the right to the protection belongs to the person who

filed an application for registration for such utility model/ industrial design, or where

two or more applications are filed for the same utility model/ industrial design, the

applicant who has the earliest filing date or the earliest priority date.

 

The person who commissions the work has the right to utility model/ industrial design

protection, unless otherwise provided in the contract.

 

In case the employee made the utility model/industrial design in the course of his

employment, the right to the right to registration belongs to: (a) the employee, if the

activity is not part of his regular duties even if the employee uses the time, facilities

and materials of the employer; (b) the employer if the utility model/industrial design

is the result of the performance of his regularly assigned duties, unless there is an

agreement, express or implied, to the contrary.

 

 

Pre-Filing Concerns:

 

An applicant who is not a resident of the Philippines must appoint and maintain a

resident agent or representative in the Philippines upon whom notice or process for

judicial or administrative procedure relating to the application for utility model/

industrial design registration or the registration may be served.

 

 

Priority Claim:

 

An application for utility model registration filed by any person who has previously

applied for the same in another country which by treaty, convention, or law affords

similar privileges to Filipino citizens, shall be considered as filed as of the date of

filing the foreign application, provided, that (a) the local application expressly claims

priority; (b) it is filed within twelve (12) months from the date when the earliest

application was filed; and (c) a certified copy of the foreign application together with

an English translation is filed within six (6) months from the date of filing in the

Philippines.

 

An application for industrial registration filed by any person who has previously

applied for the same in another country which by treaty, convention, or law affords

similar privileges to Filipino citizens, shall be considered as filed as of the date of

filing the foreign application, provided, that (a) the local application expressly claims

priority; and (b) it is filed within six (6) months from the date when the earliest

application was filed.

Validity Period:

 

Utility model protection is for seven (7) years from filing date of the application

without renewal.

 

Industrial design protection is for five (5) years from filing date of the application and

may be renewed for not more than two (2) consecutive periods of five (5) years each. Trademarks/ Service Marks

 

 

Definition:

 

Trademark or service mark is a distinctive and visible sign, symbol, emblem or device

used by an enterprise to differentiate its goods or products (trademark) or services

(service mark) and includes a stamped or marked container of goods.

 

 

Right to Apply:

 

The owner of a mark, its/ his/ her assignees or successors in interest have a right to the

registration of the mark.

 

 

Priority Right:

 

An application for registration of a mark filed in the Philippines by a person who: (a)

is a national or who is domiciled or who has a real and effective industrial

establishment in a country which is a party to any convention, treaty or agreement

relating to intellectual property rights or the repression of unfair competition to which

the Philippines is also a party, or extends any reciprocal rights to nationals of the

Philippines by law: and (b) who previously filed an application for registration of the

same mark in one of those countries, shall be considered as filed as of the day the

application was first filed in the foreign country.

 

 

Pre-Filing Concerns:

 

An applicant who is not a resident of the Philippines must appoint and maintain a

resident agent or representative in the Philippines upon whom notice or process for

judicial or administrative procedure relating to the application for trademark

registration or the registration may be served.

Validity Period:

 

Trademark registration is valid for ten (10) years and may be renewed for periods of

ten (10) years each

 

Copyright

 

 

Definition:

 

Copyright is a set of prerogatives conferring on the authors of literary and artistic

works control over the public exploitation of their works and ensuring them

remuneration to which they are entitled in consideration of their creative work.

 

Copyright protects original expressions in the forms of literary, scholarly, scientific

and artistic creations. Copyright protection may also be extended to software

programs, compilation of databases, and derivative works. These include

dramatizations, translations, adaptations, abridgements, arrangements, and other

alterations of literary or artistic works.

 

 

Right to Apply:

 

The owner of the work, his/her assignees or successors in interest, have the

right to apply for copyright. The following are owners of original literary and artistic

works:

 

(a) The author/s of the work;

 

(b) The employer, if the work is the result of the performance of regular

assigned duties of the employee unless otherwise agreed upon. However, the

employee owns the copyright if the object of copyright is not part of his regular duties

even if he uses the time, facilities and materials of the employer;

 

(c) If work is commissioned, the one who commissioned owns the work

and the copyright is jointly owned unless stipulated otherwise;

 

(d) In the case of audio-visual work, the copyright belongs to the producer,

the author of the scenario, the music composer, the film director, and the author of the

work adapted;

 

(e) In respect of letters, the copyright belongs to the writer subject to

Article 273 of the Civil Code.

 

The author or creator of any work can waive or transfer his/her work in favor

of a corporation or individual to own a copyright.

 

 

Pre-Filing Concerns:

 

If the applicant is a non-resident foreigner, he/she should appoint a local authorized

agent by a special power of attorney to prosecute copyright application for his/her

behalf with the National Public Library (NPL).

If a third party is claiming copyright ownership of the book other than the author, the

author as the original copyright owner should waive his/her copyright in writing and

under oath in favor of the claimant. The copyright waiver should be attached to the

application.

 

If the applicant is a proprietor, a copy of certificate of business name should be

attached to the application, and for a corporation, its SEC registration.

 

 

Registration Procedure:

 

 

1. Application for copyright registration must be filed with the Copyright

Division of the National Library of the Philippines (NLP), by submitting two copies

of a duly accomplished application form. An affidavit should be attached at the back

of the application form and should be duly notarized.

 

2. Application should also be accompanied with two (2) copies of the work as

deposit, and the required registration fee and documentary stamps.

 

3. If the work applied for registration is a published work, two (2) printed copies

shall be submitted with the application form. Copyright notice should be printed in

front or at the back of the title page if it is a book or on any conspicuous space if it is a

non-book material.

 

A “published work” means that the work has been disseminated to the public prior to

registration with the Copyright Office.

 

 

4. The copyright notice shall be in this form:

 

Philippine Copyright _____ (year of publication)

by ________________ (name of copyright owner).

 

 

5. If the work applied for registration is an unpublished work, two (2)

manuscripts and/or photocopies of the work without the copyright notice shall

accompany the application.

 

“Unpublished work” for purposes of registration means that the work has not been

disseminated to the public at the time of registration.

 

6. Certificate of the deposit will be issued upon request of the applicant.

 

Validity Period:

 

Copyrightable works have the following terms of protection:

 

(a) Literary works – during the lifetime of the author and for fifty (50) years after

his death.

 

(b) Applied art – twenty five (25) years from the date of making the work.

 

(c) Photographic work – fifty (50) years from the publication of the work and for

unpublished work, fifty (50) years from the date of the making of the work.

 

(d) Audio-Visual work – fifty (50) years from the publication and if unpublished,

from the date of making of the work.

 

(e) Sound recording – fifty (50) years from the end of the year in which the

recording took place.

 

(f) Broadcast recording – twenty (20) years from the date the broadcast took

place.

 

 

Technology Transfer Registration

 

 

Right to File

 

Any of the parties to a technology transfer arrangement or their counsels may

file with the Documentation, Information and Technology Transfer Bureau (DITTB)

of the Intellectual Property Office (IPO) a request for: a) preliminary review; b)

certificate of compliance; c) clearance prior to recordal of trademark licensing

agreements; and d) exemption.

 

 

Pre-Filing Concerns:

 

An applicant who is not a resident of the Philippines must appoint and maintain a

resident agent or representative in the Philippines upon whom notices in connection

with the application for registration may be served

 

III. INTELLECTUAL PROPERTY VIOLATION CASES (IPV)

 

 

Right to File:

 

Any person who believes that it/he/she is damaged by acts of intellectual property

violation and unfair competition by another may file an administrative complaint with

the Bureau of Legal Affairs (BLA) under Section 10.2 of the IP Code.

 

In case of non-Filipino nationals, these remedies are available only to one who is a

national or who is domiciled or who has a real and effective industrial establishment

in a country which is a party to any convention, treaty or agreement relating to

intellectual property rights or the repression of unfair competition to which the

Philippines is also a party, or extends any reciprocal rights to nationals of the

Philippines by law.

 

 

Pre-Filing Concerns:

 

A complainant who is not a resident of the Philippines must appoint and maintain a

resident agent or representative in the Philippines upon whom notice or process for

the IPV proceedings may be served.

 

 

What is Creative Commons?

 

Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools.

Their free, easy-to-use copyright licenses provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved,”

Creative Commons licenses are not an alternative to copyright, they work alongside copyright  and enable the author to modify his copyright terms to best suit your needs.

What can Creative Commons do for me?

If you want to give people the right to share, use, and even build upon a work you’ve created, you should consider publishing it under a Creative Commons license. CC gives you flexibility (for example, you can choose to allow only non-commercial uses) and protects the people who use your work, so they don’t have to worry about copyright infringement, as long as they abide by the conditions you have specified.

If you’re looking for content that you can freely and legally use, there is a giant pool of CC-licensed creativity available to you. There are hundreds of millions of works — from songs and videos to scientific and academic material available to the public for free and legal use under the terms of our copyright licenses, with more being contributed every day.

 

Creative Commons develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation.

Creative Common’s vision is nothing less than realizing the full potential of the Internet universal access to research and education, full participation in culture to drive a new era of development, growth, and productivity.

Why CC?

The idea of universal access to research, education, and culture is made possible by the Internet, but our legal and social systems don’t always allow that idea to be realized. Copyright was created long before the emergence of the Internet, and can make it hard to legally perform actions we take for granted on the network: copy, paste, edit source, and post to the Web. The default setting of copyright law requires all of these actions to have explicit permission, granted in advance, whether you’re an artist, teacher, scientist, librarian, policymaker, or just a regular user. To achieve the vision of universal access, someone needed to provide a free, public, and standardized infrastructure that creates a balance between the reality of the Internet and the reality of copyright laws. That someone is Creative Commons.

What do CC provide?

The infrastructure CC provide consists of a set of copyright licenses and tools that create a balance inside the traditional “all rights reserved” setting that copyright law creates.

CC’s tools give everyone from individual creators to large companies and institutions a simple, standardized way to keep their copyright while allowing certain uses of their work a “some rights reserved” approach to copyright which makes their creative, educational, and scientific content instantly more compatible with the full potential of the internet. The combination of CC’s tools and their users is a vast and growing digital commons, a pool of content that can be copied, distributed, edited, remixed, and built upon all within the boundaries of copyright law.

Creative Commons and Copyright Reform

Creative Commons believes that as revolutionary a concept as open licensing is, licenses alone won’t achieve our goal of a more inclusive internet and greater access to knowledge and culture.

With the changing time and diversity of our technology, Our Laws are somewhat becoming Obsolete or Inadequate, or too rstrictive to catch along with the fast changing world. As time changes, our laws must also be modified time and again for the protection as well as enjoyment of rights without stepping into others shoes legally. Creative Commons indeed started that step to leading us forward into a better future, whats left is for our law making brothers and sisters to follow that lead and make changes for progress and change for the benefit of all mankind still within the bounds of law.

 

 

SOURCES:

1 .http://legal-dictionary.thefreedictionary.com/Intellectual+Property

  1. http://www.federislaw.com.ph/articles/OIPRP.pdf

  2. Intellectual Property Law

  3. http://creativecommons.org/about

  4. Youtube http://t.co/bf56v9csGG

FURTHER REAINGS:

  1. Alderman, John. 2001. Sonic Boom: Napster, P2P, and the Battle for the Future of Music. New York: Perseus.

  2. Merriden, Trevor. 2001. Irresistible Forces: The Business Legacy of Napster and the Growth of the Underground Internet. New York: John Wiley and Sons.Burgunder, Lee B. 2002. “Reflections on Napster: The Ninth Circuit Takes a Walk on the Wild Side.”American Business Law Journal 39 (summer): 683–707.

  3. Byrne, John G. 1995.”Changes on the Frontier of Intellectual Property Law: An Overview of the Changes Required by GATT.” Duquesne Law Review 34 (fall): 121–37.

  4. Goldstein, Paul. 2002. Copyright, Patent, Trademark, and Related State Doctrines: Cases and Materials on the Law of Intellectual Property. 5th ed. New York: Foundation Press.

  5. Gray, Megan E., and Will Thomas DeVries. 2003. “The Legal Fallout from Digital Rights Management Technology.” Computer and Internet Lawyer 20 (April): 20–35.

  6. Letterman, G. Gregory. 2001. Basics of International Intellectual Property Law. Ardsley, N.Y.: Transnational Publishers.

  7. McJohn, Stephen M., and Roger S. Haydock. 2003. Intellectual Property: Examples and Explanations. New York: Aspen.

  8. Vaidhyanathan, Siva. 2001. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York Univ. Press.

    1. Cross-references

  9. Art LawCopyright, InternationalEntertainment LawLiterary PropertyMusic PublishingTrade DressTrade Name.

  10. West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale GroFurther readings

 

 

 

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