Intellectual Property Rights Overview

Copyright grants the author the legal right to determine how the work is used.

Copyright protection is only applicable once a work is registered.

Trademarks cannot include a stamped or marked container of goods.

Geographic Indications identify a good based on its geographical origin.

The enforcement of intellectual property rights is unimportant in the Philippines.

Copyright applies to literary, scholarly, scientific, and artistic works.

Registration is mandatory for a work to be considered for copyright protection.

The purpose of copyright is to provide economic benefits to the author.

Copyright protects the exclusive rights of artists and their creations.

Copyright is only applicable to inventions and patents.

The term 'intellectual property rights' includes copyright and related rights.

Intellectual property rights do not include any form of artistic work.

The State aims to protect the exclusive rights of individuals regarding their intellectual property.

Copyright duration is indefinite and can last forever for creators.

An artist cannot secure copyright for their original works.

Copyright applies to the knowledge and information dissemination for national development.

Only scientists can have copyright over their innovative works.

Copyright is irrelevant to the development of creative activity.

An owner of a registered trademark has the right to prevent third parties from using their pseudonyms.

The infringing mark must not be likely to cause confusion to be considered lawful.

Registration of a mark ensures complete control over the geographical names used by others.

An infringer is allowed to reproduce the trademark on their products without registration.

Off-patent drugs can bear the registered marks without needing to be registered themselves.

A registrant must display the words 'Registered Mark' or the letter R within a circle to give notice of their registered marks.

Without proper notice, a registrant does not need to prove that the infringer had knowledge of the registration to recover damages.

Prior use by the defendant can be a defense against infringement suits.

The plaintiff's claimed mark cannot be generic in order to have legal protection.

A fraudulent declaration in obtaining a trademark can lead to civil action for damages.

Pseudonyms prevent legal liability for authors of published works.

The doctrine of laches can serve as a defense in trademark infringement cases.

If an author's identity in anonymous works is disclosed, it does not affect the legal standing of their work.

The requirement of notice is irrelevant when the mark is claimed to be abandoned.

Good faith by the defendant cannot be used as a defense in trademark infringement cases.

The court may award damages based on the gross sales of the defendant in trademark infringement cases.

A registered mark has full effect against anyone who used the mark before the filing date.

Innocent infringers engaged solely in printing may face more severe penalties than an injunction.

Damages may be doubled if there is evidence of intent to mislead the public.

The complainant cannot seek an injunction in advertising infringement cases.

Sales invoices can be impounded during the pendency of a trademark infringement action.

Infringement complaints related to electronic communications have no remedies for the owner of the right infringed.

A reasonable percentage cannot be awarded if damages can be readily ascertained.

The rights of the owner are fully protected against all forms of advertising infringement.

The owner of a registered mark can claim damages from someone using a similar mark in good faith before the filing date.