18 Questions
What is the penalty for patent infringement?
Reasonable royalties
How does a court usually redress patent infringement?
Awarding reasonable royalties
Why is patent infringement common despite the penalties?
Civil penalties not being harsh
What is one possible consequence of a patent infringement lawsuit?
Cease sales order
In what type of matter is patent infringement dealt with?
Civil matter
What may an infringer be ordered to do in case of patent infringement?
Stop manufacturing and selling infringing products
What is the punishment for copyright infringement in the Philippines as per the text?
1 to 3 years imprisonment and a fine of 50,000 to 150,000 pesos
Under the IP Code, what action can lead to liability if you possess an infringing copy of a work?
Selling or distributing the copy that infringes the copyright
What is a consequence of distributing an article that will prejudice the rights of the copyright owner under the IP Code?
Facing civil penalties
What action regarding copyrighted photos is permissible without permission but requires credit to the copyright holder?
Sharing on social media for personal use without credit
Which of the following actions is NOT allowed under the amended Copyright Act without permission?
Using copyrighted photos commercially without permission
How long can imprisonment last for a first offense of copyright infringement under Philippine law?
Between 1 to 3 years
What is the penalty for a third and subsequent offense of patent infringement?
Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 to 1,500,000 pesos
What can be obtained in cases of patent infringement in addition to penalties?
Civil damages
What are the requirements for an invention to be patented?
Novelty requirement
In cases of copyright infringement, what can be obtained besides injunction and destruction of goods?
Seizure and impounding of any evidence
What penalty is associated with the second offense of patent infringement?
Imprisonment of 3 years and a fine ranging from 150,000 to 500,000 pesos
What is a possible consequence in cases of trademark infringement?
Reasonable royalties
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.
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.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
