>>>>Essentials of Intellectual Property Law: (A Guidebook on R.A. No. 8293 & Related Laws)

Essentials of Intellectual Property Law: (A Guidebook on R.A. No. 8293 & Related Laws)

by Ernesto C. Salao, LL.B., LL.M.

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Essentials of Intellectual Property Law: (A Guidebook on R.A. No. 8293 & Related Laws)

Essentials of Intellectual Property Law: (A Guidebook on R.A. No. 8293 & Related Laws)

by Ernesto C. Salao, LL.B., LL.M.

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The developments mentioned above were the prime reasons for this edition. The features of the second edition were retained because of positive feedbacks.

In this third edition, readers will find the following:

1. The amendments introduced by Republic Act No. 10372 particularly on the:

  • Structure of the Intellectual Property Office (4.2)
  • Jurisdiction of the Director General (5.4)
  • Bureau of Copyright and Related Rights (6.3)
  • Enforcement and Visitorial Power of the Director General (7)
  • Transfer, Assignment and Licensing of Copyright (39.1, 39.2 and 39.3)
  • Designation of Society (39.4)
  • Additional limitation on copyright favoring the blind, visually- and reading-impaired persons (Sec. 184.1[j])
  • Decompilation as fair use (Sec. 185)
  • Importation and Exportation of Infringing Materials (40.8)
  • Term of Moral Rights (Sec. 198)
  • Remedies Against Copyright Infringement (45.1, 45.2)
  • Criminal Penalties for Copyright Infringement (44.3)

2. New discussions on:

  • Marks indicating geographical origin (23.15)
  • Unfair competition under Article 28 of the Civil Code (33.8)

3. New case digests were added. These cases are:

  • Birkenstock Orthopaedie Gmbh And Co. Kg (Formerly Birkenstock Orthopaedie Gmbh) v. Philippine Shoe Expo Marketing Corporation, G.R. No. 194307, November 20, 2013 explaining that registration of trademark is not by itself a mode of acquiring ownership of that mark (Illustrative Case 4-1)
  • Skechers, U.S.A., Inc., Petitioner, v. Inter Pacific Industrial Trading Corp., et al. G.R. No. 164321, March 23, 2011 to further illustrate the application of holistic and dominance test (Illustrative Case 4-6)
  • Ecole De Cuisine Manille (Cordon Bleu of the Philippines), Inc. v. Renaud Cointreau & CIE and Le Cordon Bleu Int’l., B.V. G.R. No. 185830, June 5, 2013 discussing that even foreign marks that are not registered in the Philippines are accorded protection under the Paris Convention (Illustrative Case 4-14)
  • Shang Properties Realty Corporation (Formerly The Shang Grand Tower Corporation) And Shang Properties, Inc. (Formerly Edsa Properties Holdings, Inc.) v. St. Francis Development Corporation, G.R. No. 190706, July 21, 2014 a case illustrating a mark that is not registrable because it indicates geographical origin as well as explaining the Doctrine of Secondary Meaning (Illustrative Case 4-18)
  • Chester Uyco, Winston Uychiyong and Cherry C. Uyco-Ong v. Vicente Lo, G.R. No. 202423, January 28, 2013 a case about false designation of origin (Illustrative Case 4-24)
  • Willaware Products Corporation v. Jesichris Manufacturing Corporation, G.R. No. 195549, September 3, 2014 reminding us that unfair competition exists under the Civil Code (Illustrative Case 4-25)

4. 2012, 2013 and 2014 Bar Exam questions.

5. New icon.  

AaAs Amended to alert readers that the portion was amended by Republic Act No. 10372

Table Of Contents

Chapter I: Intellectual Property Rights

Chapter II: Intellectual Property Office

Chapter III: Law on Patents

Chapter IV: Law on Trademark

Chapter V: Law on Copyright

Chapter VI: Search Warrants and Intellectual

Chapter VII: Related Laws

Author(s)Ernesto C. Salao, LL.B., LL.M.
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