Mercantile 2

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goods a. By a statement of marks or labels upon them or upon the packages containing themb. By a statement that the goods are of a certain kind or that the packages containing the goods contain

goods of a certain kind or by words of similar importSituations Effects

Commingled goods Warehouseman shall be liable severally to each depositor for the care and re-delivery of the depositors share ofthe mass of commingled goods to the same extent and under the same circumstances as if the goods had beenkept separate.

Issuing receipts forgoods not received

Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.

Issuing receiptscontaining falsestatements


Issuing duplicatereceipts not somarked

General Rule: Warehouseman shall be guilty of a crime punishable by fine or imprisonment, or by both.Exception: In case of a lost or destroyed receipt after proceedings as provided for in Sec. 14

Issuing receipts forthe warehousemansgoods which do notstate the fact thatgoods are owned byhim (thewarehouseman),solely or jointly or incommon with others.


Delivery of goodswithout obtainingnegotiable receipt


Note: Liability for the aforementioned acts is not limited to the warehouseman only but may extend to any officer, agent or servant of the warehouseman.

Annex F NEGOTIABLE INSTRUMENTS vs. NEGOTIABLE DOCUMENTS OF TITLE


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Annex G NEGOTIABLE INSTRUMENTS VS. NON-NEGOTIABLE INSTRUMENTS

Annex H REMEDIES OF THE TRUE AND ACTUAL INVENTOR

Section 68 . If a person, who was deprived of the patent, without his consent orthrough the fraud is declared by final court order or decision to be the true andactual inventor, the court shall:

1. Order for his substitution as patentee or

Section 67 . The person having the right to the patent, pursuant to Section 68,may, within three (3) months after the decision has become final:

1. Prosecute the application as his own application in place of theapplicant;

Negotiable Instruments Negotiable Documents ofTitle

Have requisites of Sec. 1of the NIL

does not contain requisitesof Sec. 1 of NIL

Have right of recourseagainst intermediateparties who aresecondarily liable

no secondary liability ofintermediate parties

Holder in due coursemay have rights betterthan transferor

transferee merely steps intothe shoes of the transferor

Subject is money subject is goodsInstrument itself is

property of value

instrument is merely

evidence of title; thing ofvalue are the goodsmentioned in the document

NegotiableInstruments

Non-negotiable Instruments

Contains all therequisites of Sec. 1 ofthe NIL

Does not contain all therequisites of Sec. 1 of the NIL

Transferred bynegotiation

Transferred by assignment

Holder in due coursemay have betterrights than transferor

Transferee acquires rights onlyof his transferor

Prior parties warrantpayment

Prior parties merely warrantlegality of title

Transferee has rightof recourse againstintermediate parties

Transferee has no right ofrecourse


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The criminal penalty for trademark infringementsclaimed consists of imprisonment from two (2) yearsto five (5) years and a fine ranging from 50,000.00to 200,000.00.

Annex O CAUSES OF ACTION IN TRADEMARK INFRINGEMENT

CAUSES OF ACTION REMEDIES RELIEFS1. Trademark Infringement2. Unfair Competition3. Trademark Dilution lessening of the

capacity of a famous mark to identify anddistinguish goods or services, regardless ofthe presence or absence of: (1) competition

between the owner of the famous work andother parties or (2) likelihood of confusion,mistake or deception. To be eligible forprotection from dilution, there has to be afinding that:

a. trademark sought to be protected isfamous and distinctive

b. use by respondent began after thepetitioners mark became famous

c. subsequent use defamespetitioners mark

1. Civil Actions2. Criminal Actions3. Administrative if value involved exceeds

200k, file it in the IPO but if less than 200K,file it in DTI.

1. Injunction2. Damages3. Destruction

Annex P ORIGINAL WORKS

LITERARY or ARTISTICWORKS

EXPLANATIONS1. original intellectual creations

2. in the literary & artistic domains3. protected from the moment of their creation

1. books, pamphlets, articlesand other writings (BPA)

In order to prove infringement, must show: (1) defendant: had access to the copyrighted work(2) substantial similarity between the two works

2. periodicals and newspapers Do not apply sweat of the brow approach. If cant avail of this: think unfair competition.3. lectures, sermons, addresses,dissertations (LADS) preparedfor oral deliver (regardless ofwhether its reduced to writing orany material form or not)

Must be for Oral delivery.To be free, Use justified by informatory purpose.

4. letters Expressive content = subject of copyright unpublished letters: protected from fair use copying5. dramatic or dramatico-musicalcompositions, choreographic

Must consist of a plot and incident and characters.Do not include social dance steps & simple routines.


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works or entertainment in dumbshows6. musical compositions (with orwithout works)

Elements of originality: melody, rhythm, and harmony (RHM)Protects: artistic whole of music and words alone or music alone; 2-4 bars constitute protectible expressionSimilarity of (1) ideas: objective

(2) expression: impact to a reasonable person7. works of drawing, painting,architecture, sculpture,engraving, lithography(DAPSEL) or other works of art,models or designs (MD) forworks of art8. orig ornamentaldesigns/models (OODM) forarticles of manufacture (WON

registrable as an industrialdesign and other works ofapplied art)

Works of applied art (example: animal styled duffle bags)1. artistic creation with utilitarian functions or incorporated in a useful article2. whether made by hand or produced on an industrial scale

9. illustrations, maps, plans,sketches, charts (PIMS-C) and3-dimensional works relative togeography, topography,architecture or science (GATS)

Must have an indicum of creativity.

10. drawings or plastic works of

a scientific/technical character11. photographic works(including works of process ofanalogous character and lanternslides)

Whether in print or negative form.Including filmstrips, slide films and individual slidesPrecludes any other unauthorized copying by photocopying, drawing or whatever.

12, AV works/cinematographicworks (and works producedanalogous process)

1. images2. give the impression of motion3. susceptible of being made visible or audible thru machines or devices

13. pictorial illustrations/ads Even without text, pictorial illustrations still protected. Ads: protected whether written or visual

14. computer programs Protected whether source or object code15.Other literary, artistic,scholarly and scientific works(LASS)

Annex Q INTERNATIONAL CONVENTIONS GOVERNING COPYRIGHT

BERNE CONVENTION ROME CONVENTION GATT- TRIPS AGREEMENT WCT (Copyright Treaty) andWPPT (Performers and


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Phonograms Treaty)To establish uniform copyrightregimes.

3 Core Principles:1. National Treatment2. Automatic Protection3. Independence of Protection

To establish such regimes forperformers, phonogram producers andbroadcasting orgs.

Phils: acceded in 1984

Effect: creating or extending copyrightprotection to Neighboring Rights

Fundamental Principles:1. Minimum Standard2. National Treatment3. Most Favoured Nation (FIPA)

immediately andunconditionally

Features:1. Compliance w/ Berne and

Rome2. Protect computer

programs/databases3. Period of protection: proposed

other than lifetime of author

4. Limitations: normalexploitation and unreasonablyprejudice

Rights ManagementInformation

1. work2. identify author of the

work or copyrightowner

3. t&c of conditions ofwork

4. #s and codes: relevant

Fixation 1. embodiment of sounds

or images2. capable of being

received, perceived, orcommunicated

Point of Comparison for WCT& WPPT:

1. storage of works indigital sys

2. transmission in digitalnetworks

3. technologicalmeasures of protection

4. statutory protection5. remedies

limitations: normal exploitationand unreasonably prejudice

Annex R DERIVATIVE WORKS

DERIVATIVE WORKS shall also be protected by copyright1. Dramatizations, translations, adaptations, arrangements,

abridgments and other alterations of literary works2. Collections of literary, scholarly or artistic works (LAS) and

compilations of data & other material (which original coz of theirselection, coordination or arrangement of their contents)

MANNER OF PROTECTION

1. as new works2. new work shall not affect

PUBLISHERS RIGHTS: as to PUBLISHED NEW EDITION OF WORK1. right to publish (as granted by authors, heirs, or assigns)2. right of reproduction: typographical arrangement of the

published edition of the work

PROHIBITS: reproducing by photographic or similar process ofreproduction of the typographical arrangement.

REQS:1. must be substantially similar to the orig work (such that absent


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investigators, lawyers, fiscals to DOJ4. Pay for storage or else evidence will be

lost

Jurisdiction:200K above Intellectual Property Officebelow 200K DTIs Bureau of Trade Regulation &Consumer Protection

Proof of: Actual damages sales receiptsSourcing of goods get the big cats

Annex W DEPOSIT AND NOTICE REQUIREMENTS

After the 1 st public dissemination byauthority of copyright owner of:

1. books, pamphlets, articlesand other writings

2. periodicals and newspapers3. lectures, sermons,

addresses, dissertationsprepared for oral delivery

(LADS) whether reduced inwriting or other materialform

4. letters

1. give (2) complete copies or reproductions of such works: such form as directors of libraries mayprescribe

2. by registered mail/personal delivery3. w/in 3 weeks after dissemination4. for the purpose of completing records of National Lib and SC

CERTIFICATE OF DEPOSIT 1. prescribed fee collected

2. exempt from making addtl deposit under other laws

IF w/in 3 weeks after receipt of written demand for such deposit, such are not delivered nor fees paid liable to pay FINE (equiv. to required fee per month of delay and pay price of the best edition of the workto National Lib AND SC.

NOTICE OF COPYRIGHT : contain (1) name of copyright owner, (2) year of 1 st publication, and for copiesproduced after testators death, (3) year of such death.

Annex X NOTICE REQUIREMENTS

COGSA Code of Commerce Warsaw ConventionLoss/damage apparent

Protest at time ofreceipt of goods

protest at time ofreceipt of goods

Loss/damage notapparent

Protest within 3days from delivery

Protest within 24hours after receipt

Damage ofbaggage

protest within 3 daysfrom receipt

Damage ofgoods

within 7 days fromreceipt

Delay within 21 days fromreceipt