Intellectual Property Office Functions

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Questions and Answers

What is the copyright duration for anonymous or pseudonymous works after the author's identity is revealed?

  • 20 years from broadcast
  • The life of the author plus 50 years (correct)
  • 50 years from publication
  • 25 years from creation

Photographic works are protected for 25 years from the date they are made.

False (B)

What is the copyright duration for works of applied art?

25 years

Copyright for broadcasts lasts for _____ years from the date the broadcast took place.

<p>20</p> Signup and view all the answers

Match the following works with their copyright duration:

<p>Anonymous works = 50 years from publication or life plus 50 years Works of applied art = 25 years from date made Photographic works = 50 years from publication or from making if unpublished Broadcasts = 20 years from date of broadcast</p> Signup and view all the answers

What does the intellectual property (IP) system primarily relate to?

<p>Creation and protection of inventions (B)</p> Signup and view all the answers

The IPO's primary function includes examining applications for the registration of marks and geographic indications.

<p>True (A)</p> Signup and view all the answers

What does IP stand for in the context of the functions of the Intellectual Property Office?

<p>Intellectual Property</p> Signup and view all the answers

The right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary, or artistic productions is outlined in Article 27 of the __________.

<p>Universal Declaration of Human Rights</p> Signup and view all the answers

Match the following functions of the Intellectual Property Office with their descriptions:

<p>Examine applications for patents = Processing requests for patent grants and registrations Register technology transfer arrangements = Facilitating and settling disputes over technology transfers Promote the use of patent information = Encouraging technology development through patent access Publish IP-related materials = Providing public access to approved IP documents</p> Signup and view all the answers

Which of the following is NOT a function of the Intellectual Property Office?

<p>Examine applications for tax exemptions (B)</p> Signup and view all the answers

The functions of the IPO include coordinating with the private sector to strengthen IP rights.

<p>True (A)</p> Signup and view all the answers

What is the main purpose of the Intellectual Property Office as established by the state?

<p>To administer and implement state policies on intellectual property</p> Signup and view all the answers

What does the Bureau of Patent deal with?

<p>Applications for invention patents (B)</p> Signup and view all the answers

An inventor can exclude others from using their invention for the duration of the patent.

<p>True (A)</p> Signup and view all the answers

What is one administrative penalty that can be imposed by the Director of Legal Affairs?

<p>Cease and desist order</p> Signup and view all the answers

The three categories of intellectual property are copyright, _____, and trademark.

<p>patent</p> Signup and view all the answers

Match the following entities with their primary functions:

<p>Bureau of Patent = Handles patents for inventions Bureau of Trademark = Handles registration of trademarks Bureau of Legal Affairs = Manages intellectual property law violations</p> Signup and view all the answers

Which of the following is NOT covered by the Intellectual Property Code of the Philippines?

<p>Trade secrets (B)</p> Signup and view all the answers

An administrative fine for intellectual property infringement cannot exceed P150,000.

<p>True (A)</p> Signup and view all the answers

Name one international agreement that the Philippines adheres to for the protection of industrial property rights.

<p>Paris Convention</p> Signup and view all the answers

The _____ is responsible for hearing and deciding cases related to the opposition of trademark registration.

<p>Bureau of Legal Affairs</p> Signup and view all the answers

Match the following penalties to their descriptions:

<p>Censure = Official reprimand for misconduct Forfeiture = Seizure of property used in the offense Administrative fines = Monetary penalties for violations</p> Signup and view all the answers

What is the administrative jurisdiction of the Bureau of Legal Affairs?

<p>Hear opposition cases (B)</p> Signup and view all the answers

Voluntary assurance of compliance may require a respondent to reimburse a complainant's expenses.

<p>True (A)</p> Signup and view all the answers

What is the minimum amount for damages that must be claimed in IPV cases?

<p>P200,000</p> Signup and view all the answers

A _____ constitutes the ornamental aspect of an article.

<p>design</p> Signup and view all the answers

What is the main purpose of geographical indications?

<p>To identify goods that have specific qualities due to their geographical origin (C)</p> Signup and view all the answers

The TRIPS Agreement allows member countries to provide less protection for intellectual property than the minimum standards set in the agreement.

<p>False (B)</p> Signup and view all the answers

What is a key feature of trade secrets?

<p>They are confidential information that can be protected from unauthorized use or disclosure.</p> Signup and view all the answers

Copyright protection starts at the moment a work is __________.

<p>created</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Geographical Indications = Signs used on goods with specific geographical origin Trade Secrets = Confidential information that can provide an advantage Copyright = Legal protection for original literary and artistic works TRIPS Agreement = Comprehensive multilateral agreement on intellectual property</p> Signup and view all the answers

Which of the following is NOT a reason for registering a copyright?

<p>To protect the work from all forms of infringement (A)</p> Signup and view all the answers

A country that does not provide product patent protection in pharmaceuticals is required to comply with TRIPS immediately.

<p>False (B)</p> Signup and view all the answers

What are the two main conventions referenced in the TRIPS Agreement?

<p>The Paris Convention and the Berne Convention.</p> Signup and view all the answers

The TRIPS Agreement came into effect on __________.

<p>1 January 1995</p> Signup and view all the answers

Match the following types of intellectual property with their examples:

<p>Copyright = Books and films Trade Secret = Formulas and processes Patent = Inventions and designs Trademark = Brand names and logos</p> Signup and view all the answers

What does the TRIPS Agreement aim to provide for intellectual property rights?

<p>Minimum standards of protection (A)</p> Signup and view all the answers

It is mandatory to register a copyright in the Philippines to ensure protection.

<p>False (B)</p> Signup and view all the answers

What is one advantage of registering a copyright?

<p>It serves as evidence of ownership in legal disputes.</p> Signup and view all the answers

The TRIPS Agreement is implemented under the jurisdiction of the __________.

<p>WTO</p> Signup and view all the answers

Which of the following is a characteristic of the TRIPS Agreement?

<p>It allows for a longer transition for developing countries (A)</p> Signup and view all the answers

Which of the following is NOT a work that may be deposited with IPOPHIL?

<p>Corporate financial reports (A)</p> Signup and view all the answers

Jailbreaking a device is illegal in all circumstances.

<p>False (B)</p> Signup and view all the answers

What constitutes copyright violation?

<p>A violation of the economic rights granted to the copyright owner.</p> Signup and view all the answers

Copyright protection generally lasts during the life of the author and for _____ years after his death.

<p>fifty</p> Signup and view all the answers

Match the following examples of copyright infringement with their corresponding descriptions:

<p>Photocopying pages for personal use = Fair use Selling photocopied pages = Infringement Making multiple copies of a CD = Infringement Transferring music for personal use = No infringement</p> Signup and view all the answers

Which of the following activities may lead to copyright infringement?

<p>Making multiple copies of a CD for sale (B)</p> Signup and view all the answers

Mall owners are automatically liable for their tenants’ copyright infringement activities.

<p>False (B)</p> Signup and view all the answers

What must be proven for a person to be held liable for possession of an infringing music file?

<p>Knowledge of the infringement and the ability to control the infringing act.</p> Signup and view all the answers

The Intellectual Property Office may conduct searches based on _____ and complaints.

<p>reports</p> Signup and view all the answers

What happens if the IPO intends to perform a search and seizure?

<p>They must comply with constitutional requirements. (D)</p> Signup and view all the answers

Only commercial use of copyrighted material is considered violation.

<p>False (B)</p> Signup and view all the answers

What is 'jailbreaking'?

<p>The act of removing restrictions imposed by the manufacturer to install unauthorized software.</p> Signup and view all the answers

Economic rights of copyright owners must be respected in all forms of _____ material.

<p>copyrighted</p> Signup and view all the answers

Which of the following statements about joint authorship is true?

<p>Economic rights last during the life of the last surviving author and for 50 years after. (C)</p> Signup and view all the answers

Match the following types of works with their categories:

<p>Dramatic compositions = Performing arts Musical compositions = Music Audiovisual works = Media Computer programs = Software development</p> Signup and view all the answers

Who typically holds the copyright to a work?

<p>The creator (B)</p> Signup and view all the answers

Copyright protection applies to both original and derivative works.

<p>True (A)</p> Signup and view all the answers

What are the two main types of rights covered under copyright?

<p>Economic and Moral rights</p> Signup and view all the answers

The right to prevent others from making unauthorized copies of a work is an example of a(n) ______ right.

<p>economic</p> Signup and view all the answers

Which of the following is NOT a right related to copyright?

<p>Authors' rights of adaptation (C)</p> Signup and view all the answers

The concept of fair use allows for unlimited copying of copyrighted material without permission.

<p>False (B)</p> Signup and view all the answers

What are the four factors considered in determining fair use?

<p>The purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion taken, and the effect of the use upon the potential market.</p> Signup and view all the answers

Using a quote from a famous author in a speech for a graduation ceremony, with proper attribution, is generally considered ______.

<p>fair use</p> Signup and view all the answers

What is the legal status of importing books, DVDs, and CDs legally purchased from abroad?

<p>Legal, as long as they are not pirated or infringed material (B)</p> Signup and view all the answers

The Philippines has not yet implemented any copyright laws for content on the internet.

<p>False (B)</p> Signup and view all the answers

Match the following copyright concepts with their descriptions:

<p>Economic Rights = Rights relating to the author's control over the commercial aspects of their work Moral Rights = Rights relating to the author's connection to their work Fair Use = Limited copying of copyrighted material for specific purposes Related Rights = Rights granted to entities who contribute to making the work available to the public Copyright Infringement = Unauthorized use of copyrighted material that may lead to legal repercussions</p> Signup and view all the answers

What is the purpose of the limitations to copyright?

<p>To balance the rights of the copyright holder with the interests of the public.</p> Signup and view all the answers

A mere idea or concept can be protected by copyright.

<p>False (B)</p> Signup and view all the answers

The ______ is a defense against copyright infringement that allows for limited copying for specific purposes.

<p>Fair Use</p> Signup and view all the answers

What is an example of a derivative work?

<p>A play based on a novel (B)</p> Signup and view all the answers

What is the main difference between economic rights and moral rights under copyright law?

<p>Economic rights allow for financial gain from the work, while moral rights protect the author's connection and reputation associated with their work.</p> Signup and view all the answers

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Flashcards

Intellectual Property (IP)

Creations of the mind like inventions, literary works, and symbols.

IP Rights

Rights to benefit from protecting moral and material interests of creators.

Universal Declaration of Human Rights Article 27

States everyone has the right to benefit from their moral and material interests in creative works.

1987 Philippine Constitution Article XIV, Section 13

Mandates the protection of IP, especially when beneficial to the public.

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Functions of Intellectual Property Office (IPO)

To administer and implement state policies related to intellectual property rights.

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Examine IP Applications

Process for granting patents and registering utility models and designs.

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Promote Technology Transfer

Encourages sharing of technology through registered arrangements and dispute settlements.

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Patent Information for Development

Using patent info as a tool to enhance technology development.

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Copyright for Anonymous Works

Lasts 50 years from publication unless author revealed, then during their life plus 50 years.

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Works of Applied Art Protection

Protected for 25 years from the date it was created.

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Photographic and Audiovisual Works

Rights last 50 years from publication or from making if unpublished.

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Sound Recordings Duration

Rights expire 50 years after performance or recording.

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Broadcast Copyright Length

Protected for 20 years from the date of broadcast.

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Geographical Indications

Signs denoting goods with specific geographical origins and associated qualities.

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Trade Secrets

Confidential information protected from unauthorized use or disclosure.

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TRIPS Agreement

Comprehensive international agreement on intellectual property rights effective since January 1, 1995.

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Minimum Standards

The lowest level of protection that TRIPS members must provide for intellectual properties.

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Copyright

Legal protection given to authors for their original works in various fields.

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Copyright Duration

The time period during which a copyright is effective, varying by jurisdiction.

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Registration of Copyright

The process of formally recording a copyright to establish ownership.

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Pharmaceutical Patents

Specific provisions in TRIPS for protecting innovations in drug development.

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Berne Convention

An agreement that protects the rights of authors in literary and artistic works.

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Paris Convention

An international treaty providing protection for industrial property rights.

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Dispute Settlement

Procedures outlined in TRIPS for resolving disagreements regarding intellectual property rights.

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Moral Rights

Rights that protect the personal and reputational interests of authors.

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Intellectual Property Rights (IPR)

Legal rights that protect creations of the mind, such as inventions and artistic works.

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Confidential Information

Information that is not publicly known and provides a competitive edge.

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Automatic Copyright Protection

Copyright protection that occurs automatically upon creation of a work.

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Copyright Ownership

Generally held by the author of the work, but varies in specific situations like employment and commissions.

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Employment and Copyright

If created during employment, the employer may hold the copyright unless agreed otherwise.

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Commissioned Work

Copyright in commissioned works is typically shared among stakeholders but can vary.

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Joint Authorship

Co-authors are co-owners of the copyright, except if parts can stand alone.

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Original Work

Any production of a literary, scientific, or artistic nature protected by copyright.

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Derivative Work

Work based on pre-existing works like adaptations or translations.

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Economic Rights

Rights that allow authors to earn from their work, including reproduction and public performance.

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Related Rights

Rights granted to those who contribute creatively but are not the author, like performers and producers.

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Limitations of Copyright

Copyright does not give absolute control; certain uses can be exempt under law.

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Fair Use Definition

Copying copyrighted material for purposes like criticism or commentary without permission.

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Four Factors of Fair Use

Considerations for fair use: purpose, nature, amount, and market effect.

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Fair Use Example

Performing a song at family gatherings without charge is a fair use example.

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Internet Copyright Law

The Philippines follows WIPO Internet Treaties to protect online copyright.

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Importing Copyrighted Material

Legally purchased copyrighted works can be brought into the Philippines without limits on copies.

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Copyrighted Works Deposited with IPOPHIL

Various works that may be submitted for copyright protection including books, music, and art.

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Types of Written Works

Books, pamphlets, articles, and writings that can be copyrighted.

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Dramatic Works

Includes plays, musical compositions, and choreography protected under copyright.

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Computer Programs

Software codes that can be copyrighted as literary works.

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Copyright Infringement

Violation of the economic rights of the copyright owner.

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Fair Use Doctrine

Allows limited use of copyrighted material without permission under specific conditions.

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Personal Copying

Making copies of personal content, like music, from a lawful source is not infringement.

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Jailbreaking Definition

Removing restrictions on a device to install unauthorized software.

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Jailbreaking Legality

Jailbreaking itself is legal but using it for piracy is illegal.

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Mall Owners' Liability

Mall owners aren't automatically liable for tenants' copyright infringement.

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Intellectual Property Office (IPO) Searches

IPO can conduct searches based on reports but needs a warrant for seizure.

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Term of Copyright Protection

Lasts during the author's life plus fifty years after death.

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Joint Authorship Copyright Duration

Protects rights during the last surviving author's life plus fifty years.

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Knowledge of Infringement

Possession of infringing material is only violation if there's awareness.

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Fair Use in School Activities

Photocopying for personal school use generally counts as fair use.

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Patent

A government grant giving exclusive rights to an inventor for a product or process that provides a technical solution to a problem.

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Bureau of Patent

An office that deals with applications for invention patents.

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Exclusive Rights

Rights that allow the patent holder to prevent others from making, using, or selling their invention.

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Licensing

The act of giving permission to others to use an invention under agreed terms.

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Bureau of Trademark

An office that handles applications for the registration of marks that identify goods or services.

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Intellectual Property Code

A law in the Philippines governing intellectual property rights, known as Republic Act 8293.

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Inter Partes Cases

Legal disputes involving opposition to trademarks and other intellectual property registrations.

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Administrative Penalties

Consequences imposed for violations of intellectual property laws.

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Cease and Desist Order

A directive requiring a person to stop engaging in specified illegal activity.

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Categories of Intellectual Property

The three main types of intellectual property: copyright, patent, and trademark.

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Industrial Designs

Protects the ornamental aspect of a product, including shape and pattern.

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Republic Act No. 10372

Amended the Intellectual Property Code to enhance IP protection in the Philippines.

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False Designation of Origin

Misrepresenting the source of goods, which can lead to trademark infringement.

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Study Notes

Intellectual Property Office (IPO) Functions

  • The IPO administers and implements State IP policies
  • Examines applications for patents, utility models, industrial designs, trademarks, and geographic indications
  • Registers technology transfer arrangements and settles technology transfer disputes
  • Promotes patent information for technology development
  • Publishes issued patents, marks, and technology transfers
  • Administratively adjudicates intellectual property disputes
  • Coordinates with government and private sectors to strengthen IP protection

Bureau of Patent

  • Handles patent applications for inventions
  • A patent grants exclusive rights for an inventor's product or process, ensuring that others can't use it without permission during its lifespan
  • Patent owners can license or sell their inventions.

Bureau of Trademark

  • Handles trademark applications for identifying goods or services
  • Trademarks help differentiate the origin of items from different entities
  • Jurisdiction: Administrative jurisdiction to hear and decide Inter Partes cases (IPC). These include opposition to mark registration, trademark cancellation, patent/utility model/industrial design cancellation, and compulsory patent licensing petitions. Also hears administrative complaints (IPV) for intellectual property violations if the damages exceed ₱200,000 PHP.
  • Powers: Can issue cease and desist orders, accept voluntary assurances of compliance (including actions like recall, repair, or refund of defective goods), require compliance reports and bonds, condemn/seize offensive products, impose fines (₱5,000 - ₱150,000 PHP and an additional daily fine up to ₱1,000 PHP), cancel/suspend permits/licenses, assess damages, issue a censure, and impose other sanctions.

Categories of Intellectual Property

  • Copyright: Protects original literary, scientific, and artistic works (books, music, films, computer programs). Protection is automatic upon creation. Registration can facilitate transactions and provide evidence in infringement cases, but registration is not required for protection.
  • Patent: Grants exclusive rights to inventors for their original inventions that are new, inventive, and industrially applicable.
  • Trademark: Protects identifiable signs (words, symbols, logos) to differentiate the source of goods/services.
  • Industrial Designs: Covers the ornamental or aesthetic aspects of articles.
  • Geographical Indications: Marks for goods with specific origins and qualities.
  • Trade Secrets: Involves confidential information or formulas, and protection against unauthorized use or disclosure.

TRIPS Agreement

  • A comprehensive multilateral agreement on intellectual property, setting minimum protection standards for member countries.
  • Incorporates provisions from the Paris Convention for Industrial Property and the Berne Convention for Literary and Artistic Works.
  • Addresses enforcement procedures, including civil and administrative actions, provisional measures, and border measures, along with dispute settlement procedures addressing all WTO members.
  • Aims for equal standards among countries, while acknowledging different development stages in terms of implementing aspects of TRIPS obligations.
  • Economic Rights: Control over the use and reproduction of a work. (reproduction, transformation, first public distribution, rental, public display, public performance, or communication to the public.)
  • Moral Rights: Connection between author and creation. (attribution, integrity, alteration.)
  • Related Rights: These are enjoyed by performers, producers of sound recordings, and broadcasting organizations

Fair Use

  • Fair use is copying materials for commentary, criticism, or parody without permission.
  • The four fair use factors are: use's purpose, potential market effect, amount taken, and nature of the copyrighted work.
  • The Philippines has adhered to WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (Internet Treaties) to protect works on the internet.
  • Copyright protection generally lasts for author's life + 50 years; for works of joint authorship lasts until the last surviving author's death + 50 years; or for anonymous/pseudonymous works up to 50 years from publication. Other terms vary depending on the work.

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