Podcast
Questions and Answers
What is the copyright duration for anonymous or pseudonymous works after the author's identity is revealed?
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.
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?
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.
Copyright for broadcasts lasts for _____ years from the date the broadcast took place.
Match the following works with their copyright duration:
Match the following works with their copyright duration:
What does the intellectual property (IP) system primarily relate to?
What does the intellectual property (IP) system primarily relate to?
The IPO's primary function includes examining applications for the registration of marks and geographic indications.
The IPO's primary function includes examining applications for the registration of marks and geographic indications.
What does IP stand for in the context of the functions of the Intellectual Property Office?
What does IP stand for in the context of the functions of the Intellectual Property Office?
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 __________.
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 __________.
Match the following functions of the Intellectual Property Office with their descriptions:
Match the following functions of the Intellectual Property Office with their descriptions:
Which of the following is NOT a function of the Intellectual Property Office?
Which of the following is NOT a function of the Intellectual Property Office?
The functions of the IPO include coordinating with the private sector to strengthen IP rights.
The functions of the IPO include coordinating with the private sector to strengthen IP rights.
What is the main purpose of the Intellectual Property Office as established by the state?
What is the main purpose of the Intellectual Property Office as established by the state?
What does the Bureau of Patent deal with?
What does the Bureau of Patent deal with?
An inventor can exclude others from using their invention for the duration of the patent.
An inventor can exclude others from using their invention for the duration of the patent.
What is one administrative penalty that can be imposed by the Director of Legal Affairs?
What is one administrative penalty that can be imposed by the Director of Legal Affairs?
The three categories of intellectual property are copyright, _____, and trademark.
The three categories of intellectual property are copyright, _____, and trademark.
Match the following entities with their primary functions:
Match the following entities with their primary functions:
Which of the following is NOT covered by the Intellectual Property Code of the Philippines?
Which of the following is NOT covered by the Intellectual Property Code of the Philippines?
An administrative fine for intellectual property infringement cannot exceed P150,000.
An administrative fine for intellectual property infringement cannot exceed P150,000.
Name one international agreement that the Philippines adheres to for the protection of industrial property rights.
Name one international agreement that the Philippines adheres to for the protection of industrial property rights.
The _____ is responsible for hearing and deciding cases related to the opposition of trademark registration.
The _____ is responsible for hearing and deciding cases related to the opposition of trademark registration.
Match the following penalties to their descriptions:
Match the following penalties to their descriptions:
What is the administrative jurisdiction of the Bureau of Legal Affairs?
What is the administrative jurisdiction of the Bureau of Legal Affairs?
Voluntary assurance of compliance may require a respondent to reimburse a complainant's expenses.
Voluntary assurance of compliance may require a respondent to reimburse a complainant's expenses.
What is the minimum amount for damages that must be claimed in IPV cases?
What is the minimum amount for damages that must be claimed in IPV cases?
A _____ constitutes the ornamental aspect of an article.
A _____ constitutes the ornamental aspect of an article.
What is the main purpose of geographical indications?
What is the main purpose of geographical indications?
The TRIPS Agreement allows member countries to provide less protection for intellectual property than the minimum standards set in the agreement.
The TRIPS Agreement allows member countries to provide less protection for intellectual property than the minimum standards set in the agreement.
What is a key feature of trade secrets?
What is a key feature of trade secrets?
Copyright protection starts at the moment a work is __________.
Copyright protection starts at the moment a work is __________.
Match the following terms with their definitions:
Match the following terms with their definitions:
Which of the following is NOT a reason for registering a copyright?
Which of the following is NOT a reason for registering a copyright?
A country that does not provide product patent protection in pharmaceuticals is required to comply with TRIPS immediately.
A country that does not provide product patent protection in pharmaceuticals is required to comply with TRIPS immediately.
What are the two main conventions referenced in the TRIPS Agreement?
What are the two main conventions referenced in the TRIPS Agreement?
The TRIPS Agreement came into effect on __________.
The TRIPS Agreement came into effect on __________.
Match the following types of intellectual property with their examples:
Match the following types of intellectual property with their examples:
What does the TRIPS Agreement aim to provide for intellectual property rights?
What does the TRIPS Agreement aim to provide for intellectual property rights?
It is mandatory to register a copyright in the Philippines to ensure protection.
It is mandatory to register a copyright in the Philippines to ensure protection.
What is one advantage of registering a copyright?
What is one advantage of registering a copyright?
The TRIPS Agreement is implemented under the jurisdiction of the __________.
The TRIPS Agreement is implemented under the jurisdiction of the __________.
Which of the following is a characteristic of the TRIPS Agreement?
Which of the following is a characteristic of the TRIPS Agreement?
Which of the following is NOT a work that may be deposited with IPOPHIL?
Which of the following is NOT a work that may be deposited with IPOPHIL?
Jailbreaking a device is illegal in all circumstances.
Jailbreaking a device is illegal in all circumstances.
What constitutes copyright violation?
What constitutes copyright violation?
Copyright protection generally lasts during the life of the author and for _____ years after his death.
Copyright protection generally lasts during the life of the author and for _____ years after his death.
Match the following examples of copyright infringement with their corresponding descriptions:
Match the following examples of copyright infringement with their corresponding descriptions:
Which of the following activities may lead to copyright infringement?
Which of the following activities may lead to copyright infringement?
Mall owners are automatically liable for their tenants’ copyright infringement activities.
Mall owners are automatically liable for their tenants’ copyright infringement activities.
What must be proven for a person to be held liable for possession of an infringing music file?
What must be proven for a person to be held liable for possession of an infringing music file?
The Intellectual Property Office may conduct searches based on _____ and complaints.
The Intellectual Property Office may conduct searches based on _____ and complaints.
What happens if the IPO intends to perform a search and seizure?
What happens if the IPO intends to perform a search and seizure?
Only commercial use of copyrighted material is considered violation.
Only commercial use of copyrighted material is considered violation.
What is 'jailbreaking'?
What is 'jailbreaking'?
Economic rights of copyright owners must be respected in all forms of _____ material.
Economic rights of copyright owners must be respected in all forms of _____ material.
Which of the following statements about joint authorship is true?
Which of the following statements about joint authorship is true?
Match the following types of works with their categories:
Match the following types of works with their categories:
Who typically holds the copyright to a work?
Who typically holds the copyright to a work?
Copyright protection applies to both original and derivative works.
Copyright protection applies to both original and derivative works.
What are the two main types of rights covered under copyright?
What are the two main types of rights covered under copyright?
The right to prevent others from making unauthorized copies of a work is an example of a(n) ______ right.
The right to prevent others from making unauthorized copies of a work is an example of a(n) ______ right.
Which of the following is NOT a right related to copyright?
Which of the following is NOT a right related to copyright?
The concept of fair use allows for unlimited copying of copyrighted material without permission.
The concept of fair use allows for unlimited copying of copyrighted material without permission.
What are the four factors considered in determining fair use?
What are the four factors considered in determining fair use?
Using a quote from a famous author in a speech for a graduation ceremony, with proper attribution, is generally considered ______.
Using a quote from a famous author in a speech for a graduation ceremony, with proper attribution, is generally considered ______.
What is the legal status of importing books, DVDs, and CDs legally purchased from abroad?
What is the legal status of importing books, DVDs, and CDs legally purchased from abroad?
The Philippines has not yet implemented any copyright laws for content on the internet.
The Philippines has not yet implemented any copyright laws for content on the internet.
Match the following copyright concepts with their descriptions:
Match the following copyright concepts with their descriptions:
What is the purpose of the limitations to copyright?
What is the purpose of the limitations to copyright?
A mere idea or concept can be protected by copyright.
A mere idea or concept can be protected by copyright.
The ______ is a defense against copyright infringement that allows for limited copying for specific purposes.
The ______ is a defense against copyright infringement that allows for limited copying for specific purposes.
What is an example of a derivative work?
What is an example of a derivative work?
What is the main difference between economic rights and moral rights under copyright law?
What is the main difference between economic rights and moral rights under copyright law?
Flashcards
Intellectual Property (IP)
Intellectual Property (IP)
Creations of the mind like inventions, literary works, and symbols.
IP Rights
IP Rights
Rights to benefit from protecting moral and material interests of creators.
Universal Declaration of Human Rights Article 27
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
1987 Philippine Constitution Article XIV, Section 13
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Functions of Intellectual Property Office (IPO)
Functions of Intellectual Property Office (IPO)
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Examine IP Applications
Examine IP Applications
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Promote Technology Transfer
Promote Technology Transfer
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Patent Information for Development
Patent Information for Development
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Copyright for Anonymous Works
Copyright for Anonymous Works
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Works of Applied Art Protection
Works of Applied Art Protection
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Photographic and Audiovisual Works
Photographic and Audiovisual Works
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Sound Recordings Duration
Sound Recordings Duration
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Broadcast Copyright Length
Broadcast Copyright Length
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Geographical Indications
Geographical Indications
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Trade Secrets
Trade Secrets
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TRIPS Agreement
TRIPS Agreement
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Minimum Standards
Minimum Standards
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Copyright
Copyright
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Copyright Duration
Copyright Duration
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Registration of Copyright
Registration of Copyright
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Pharmaceutical Patents
Pharmaceutical Patents
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Berne Convention
Berne Convention
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Paris Convention
Paris Convention
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Dispute Settlement
Dispute Settlement
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Moral Rights
Moral Rights
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Intellectual Property Rights (IPR)
Intellectual Property Rights (IPR)
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Confidential Information
Confidential Information
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Automatic Copyright Protection
Automatic Copyright Protection
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Copyright Ownership
Copyright Ownership
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Employment and Copyright
Employment and Copyright
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Commissioned Work
Commissioned Work
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Joint Authorship
Joint Authorship
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Original Work
Original Work
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Derivative Work
Derivative Work
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Economic Rights
Economic Rights
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Related Rights
Related Rights
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Limitations of Copyright
Limitations of Copyright
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Fair Use Definition
Fair Use Definition
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Four Factors of Fair Use
Four Factors of Fair Use
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Fair Use Example
Fair Use Example
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Internet Copyright Law
Internet Copyright Law
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Importing Copyrighted Material
Importing Copyrighted Material
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Copyrighted Works Deposited with IPOPHIL
Copyrighted Works Deposited with IPOPHIL
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Types of Written Works
Types of Written Works
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Dramatic Works
Dramatic Works
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Computer Programs
Computer Programs
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Copyright Infringement
Copyright Infringement
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Fair Use Doctrine
Fair Use Doctrine
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Personal Copying
Personal Copying
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Jailbreaking Definition
Jailbreaking Definition
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Jailbreaking Legality
Jailbreaking Legality
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Mall Owners' Liability
Mall Owners' Liability
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Intellectual Property Office (IPO) Searches
Intellectual Property Office (IPO) Searches
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Term of Copyright Protection
Term of Copyright Protection
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Joint Authorship Copyright Duration
Joint Authorship Copyright Duration
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Knowledge of Infringement
Knowledge of Infringement
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Fair Use in School Activities
Fair Use in School Activities
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Patent
Patent
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Bureau of Patent
Bureau of Patent
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Exclusive Rights
Exclusive Rights
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Licensing
Licensing
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Bureau of Trademark
Bureau of Trademark
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Intellectual Property Code
Intellectual Property Code
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Inter Partes Cases
Inter Partes Cases
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Administrative Penalties
Administrative Penalties
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Cease and Desist Order
Cease and Desist Order
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Categories of Intellectual Property
Categories of Intellectual Property
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Industrial Designs
Industrial Designs
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Republic Act No. 10372
Republic Act No. 10372
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False Designation of Origin
False Designation of Origin
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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
Bureau of Legal Affairs (BLA)
- 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.
Rights and Limitations to Copyright
- 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.
Copyright Law & Internet
- The Philippines has adhered to WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (Internet Treaties) to protect works on the internet.
Copyright Term
- 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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