IPC Exceptions: Patent Law in the Philippines

Patent Limitations

• Patent rights do not apply to acts done privately and for non-commercial purposes.
• Acts done for experimental purposes relating to the subject matter of the patent are also exempt.
• The use of a patented invention for the purpose of transportation, including the loading and unloading of transport vehicles, is exempt.
• Where the act consists of the preparation for individual cases, in a pharmacy or by a medical professional, of a medicine in accordance with a medical prescription.
• Where the invention is used in any ship, vessel, aircraft, or land vehicle of another country entering the territory of the Philippines temporarily or accidentally.

Prior User

• A person who, in good faith, started using the invention in the Philippines, or undertaken serious preparations to use the same, before the filing date or priority date of the application has the right to continue the use thereof.
• This right can only be transferred or assigned further with his enterprise or business.

Limitations of Patent Rights

• The owner of a patent has no right to prevent third parties from making, using, offering for sale, selling or importing a patented product in certain circumstances.
• This includes using a patented product after it has been put on the market in the Philippines by the owner of the product, or with his express consent.

Copyright Infringement

• Elements: Ownership of a valid copyright, and proof of ownership through an affidavit.
• Exercise of any of the exclusive economic rights in Section 177 without the consent of the copyright owner.
• Exceptions: Fair use, criticism, comment, news reporting, teaching, scholarship, research, and similar purposes.

Fair Use

• Fair use for criticism, comment, news reporting, teaching, scholarship, research, and similar purposes.
• Limited number of copies for classroom use.

Accounting Basics

• Financial accounting: Assets = Liabilities + Equity
• Steps: Identify transactions, prepare journal entries, post to general ledger, and prepare financial statements.

Types of Accounting Transactions

• Cash transactions: dealt with cash.
• Credit transactions: deferred cash transactions.
• Non-cash transactions: unrelated to transactions that specify if cash’s been paid or if it will be paid in the future.

Types of Accounts

• Assets: physical or non-physical types of property that add value to the business.
• Expenses: costs incurred during operations.
• Liabilities: represent what the business owes.
• Equity: shows how much the business is worth.
• Revenue: income earned by the business.

Basis of Accounting

• Cash basis: recognizes revenues when cash is received and expenses when they are paid.
• Accrual basis: revenues and expenses are recorded when they are earned or due.

Financial Statement

• Summarized results of business financial transactions over a designated period of time.

Trademark Infringement

• Use without consent of the trademark owner of any reproduction, counterfeit, copy, or colorable imitation.
• Elements: ownership of a trademark, reproduction, counterfeit, copy, or colorable imitation, no consent, use in connection with sale, and likelihood of confusion.

Types of Confusion

• Confusion of goods: as to the goods themselves.
• Confusion of business: as to the source or origin of such goods.

Intellectual Property

• Registration of applications for trademark, patent, utility model, industrial design, and patent cooperation treaty applications are filed with the Philippine Intellectual Property Office (IPO).
• Copyright applications are deposited with the IPO pursuant to an agreement with the Philippine National Library.

Symbols

• Copyright: ©
• Trademark: ™
• Registered: ®