Podcast
Questions and Answers
What is the penalty for patent infringement?
What is the penalty for patent infringement?
- Reasonable royalties (correct)
- Monetary fines
- Criminal penalties
- Community service
How does a court usually redress patent infringement?
How does a court usually redress patent infringement?
- Awarding reasonable royalties (correct)
- Levying hefty fines
- Imposing community service
- Issuing criminal charges
Why is patent infringement common despite the penalties?
Why is patent infringement common despite the penalties?
- Lack of legal consequences
- Strict enforcement by courts
- Severe criminal penalties
- Civil penalties not being harsh (correct)
What is one possible consequence of a patent infringement lawsuit?
What is one possible consequence of a patent infringement lawsuit?
In what type of matter is patent infringement dealt with?
In what type of matter is patent infringement dealt with?
What may an infringer be ordered to do in case of patent infringement?
What may an infringer be ordered to do in case of patent infringement?
What is the punishment for copyright infringement in the Philippines as per the text?
What is the punishment for copyright infringement in the Philippines as per the text?
Under the IP Code, what action can lead to liability if you possess an infringing copy of a work?
Under the IP Code, what action can lead to liability if you possess an infringing copy of a work?
What is a consequence of distributing an article that will prejudice the rights of the copyright owner under the IP Code?
What is a consequence of distributing an article that will prejudice the rights of the copyright owner under the IP Code?
What action regarding copyrighted photos is permissible without permission but requires credit to the copyright holder?
What action regarding copyrighted photos is permissible without permission but requires credit to the copyright holder?
Which of the following actions is NOT allowed under the amended Copyright Act without permission?
Which of the following actions is NOT allowed under the amended Copyright Act without permission?
How long can imprisonment last for a first offense of copyright infringement under Philippine law?
How long can imprisonment last for a first offense of copyright infringement under Philippine law?
What is the penalty for a third and subsequent offense of patent infringement?
What is the penalty for a third and subsequent offense of patent infringement?
What can be obtained in cases of patent infringement in addition to penalties?
What can be obtained in cases of patent infringement in addition to penalties?
What are the requirements for an invention to be patented?
What are the requirements for an invention to be patented?
In cases of copyright infringement, what can be obtained besides injunction and destruction of goods?
In cases of copyright infringement, what can be obtained besides injunction and destruction of goods?
What penalty is associated with the second offense of patent infringement?
What penalty is associated with the second offense of patent infringement?
What is a possible consequence in cases of trademark infringement?
What is a possible consequence in cases of trademark infringement?
Study Notes
Liability for Possession of Infringing Copies
- A person who possesses an infringing copy of a work can be held liable if they know or ought to know that it is an infringing copy, and intends to sell, distribute, or exhibit it for trade or to prejudice the copyright owner's rights.
General Rule for Copyright
- If you didn't create it or own the copyright, you must get permission to use it.
Permissible Uses of Copyrighted Materials
- You can share copyrighted photos on social media for personal use, but credit the copyright holder.
- You can use copyrighted materials for education purposes, such as reports or homework, but credit the copyright holder.
- You can use copyrighted content and photos for commercial purposes, but need permission from the copyright holder.
- You can broadcast a video clip for commercial purposes, but credit the copyright holder.
Punishment for Copyright Infringement
- For the first offense, imprisonment of 1-3 years and a fine of 50,000-150,000 pesos.
- For the second offense, imprisonment of 3 years and 1 day to 6 years and a fine of 150,000-500,000 pesos.
- For the third and subsequent offenses, imprisonment of 6 years and 1 day to 9 years and a fine of 500,000-1,500,000 pesos.
Patent Infringement
- Patent infringement is not a crime, but a civil matter.
- If a patent owner wins a lawsuit against an infringer, the court may award reasonable royalties and/or order the infringer to cease sales of the infringing products.
Requirements for Patentability
- Novelty requirement: an invention shall not be considered new if it forms part of prior art.
- Prior art consists of everything made available to the public before the filing date or priority date of the application.
Example of Copyright Infringement
- Chinese Kon sues Apple over copyright infringement.
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Description
Explore the penalties for violations in nursing informatics, including imprisonment durations, fines, civil damages, and other legal consequences. Understand the severity of consequences based on the number of offenses committed.
