Category Archives: Intellectual Property

Importation for Personal Use under the amended Intellectual Property Code

On 28 February 2013, President Benigno Aquino III signed into law Republic Act No. 10372  [full text], which is an Act Amending Certain Provisions of Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”, and for Other Purposes. The amendments will come into full force 15 days after its publication in at least two newspapers of general circulation. Continue reading

Plagiarism and Intellectual Piracy

I stumbled on Talkin’ Tech’s post, through PinoyBlog, about sweet justice meted by WordPress for someone plagiarizing his blog. Plagiarism, in legal terms, is intellectual piracy or copyright infringement (added: there’s a discussion at The Ignatian Perspective on how plagiarism and infringement are distinguished). Copyright infringement was previously governed by Presidential Decree No. 49. At present, all laws dealing with the protection of intellectual property rights have been consolidated under Republic Act No. 8293.

Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law. Infringement of copyright, or piracy, which is a synonymous term in this connection, consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by statute on the owner of the copyright.

(Read the full discussion at the e-Legal Forum).

An issue with Trademark Attribution For Dummies

I stumbled on an article entitled “The Meaning of Life for Dummies” through reddit. I’m reminded of a site discussing its brush with intellectual property litigation for using the “For Dummies” phrase in “Ulysses for Dummies” (read here). There’s also a similar and more recent issue involving Jason Calacanis who used the blog title “Super Bowl guide for dummies”, as noted at the Trademark Blog (here and here) and the BuzzMachine. Continue reading