Intellectual Property Laws (Copyright)
Intellectual Property Laws (Copyright)
Intellectual Property Laws (Copyright)
COLLEGE OF LAW
INTELLECTUAL PROPERTY LAWS
Atty. Jeland Omer L. Pormentilla
COPYRIGHT
How is copyright different from trademarks/tradenames and patents?
Leading Case of Kho v. Court of Appeals, G.R. No. 115758, 19 March 2002
Baker v. Selden, 101 U.S. 99 (1879)
What rights are protected?
Original Works (Sec. 172, IPC)
Derivative Works (Sec. 173, IPC)
Ching v. Salinas, Sr., G.R. No. 161295, 29 June 2005
What rights are unprotected? (Sec. 175, 176, IPC)
Who owns the copyright? (Sec. 178, IPC) Is this ownership different from the ownership
of the material object? (Sec. 181, IPC)
What rights does the owner have, the violation of which results to infringement?
Economic rights (Sec. 177, IPC; See also Sec. 183, IPC)
Moral rights (Sec. 193, IPC; See also Sec. 183, IPC)
May an author waive absolutely his/her moral rights? How? (Sec. 195, IPC) Does this
rule extend to collective works? (Sec. 196, IPC) What is the term of moral rights?
(Sec. 198, IPC)
Does the author have a right to proceeds in subsequent transfers of his work? (Sec. 200,
IPC)
May copyright be transferred or assigned? How? (Secs. 180, 182, IPC) May copyright be
transferred or assigned to a newspaper, magazine or periodical for publication?
What are the rights of the following: Performers; Producers of Sound Recordings;
217, IPC)
Sanrio Company Limited v. Lim, G.R. No. 168662, 19 February 2008