Tag Archives: intellectual property law

Study guide – IPL

HB3841 and SB2842 #RepublicAct10372


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Senate Bill 2842,[1] and its counterpart House Bill 3841,[2] were passed by Congress. It would appear that the consolidated bill [3] was transmitted to the President on 29 January 2013. [4] The consolidated bill has not been signed into law yet, as of writing, [5] [6] but sentiments against the legislation were made public on 14 February 2013,[7] and responded to by the Philippine Intellectual Property Office. [8]

Update: The consolidated bills were signed into law (Republic Act 10372) on 28 February 2013.


I. Development
II. Organizational matters: Sections 6, and 7; and proposed Section 9-A, RA 8792
    A. Warrantless Search
III. Definitions: Sections 171.3, and 171.9; and proposed Sections 171.12 and 171.13, RA 8792
    A. Communication to the public
    B. Reproduction
    C. Technology Measures, and Rights Management Information
IV. Assignment, Licensing, and Transfer: Sections 180, 181, and 183, RA 8792
    A. Statement of Accounts under the proposed Section 180.5
    B. Collecting Society accreditation
V. Limitations of copyright: Sections 184, 185, 188, and 190, RA 8792
    A. Limitation for the benefit of the blind, visually or reading-impaired persons
    B. Fair Use
    C. Reprographic reproduction of copies for libraries
    D. Removal of the allowance of limited importation under Section 190.1, RA 8293
    E. Rules relevant to importation and exportation
VI. Deposit: Section 191, RA 8792
VII. Term of Moral Rights: Section 198, RA 8792
VIII. Neighboring Rights: Sections 203, 204, 208, and 212, RA 8792
    A. Performers’ Rights
    B. Rights of Producers of Sound Recordings
C. Limitations on other rights (Section 212)
IX. Infringement and Institution of Actions: Sections 216, 217, 218, and 226; and the proposed Section 220A, RA 8792
    A. Technology Circumvention as Aggravating circumstance (Sections 216 and 217)
    B. Safe harbor (Sections 216 and 217, RA 8293; in relation to Sections 30 and 33, RA 8792)
    C. Disclosure of Information (Section 220A)
        1. Valid search and seizure; reasonable suspicion
        2. Public funds for public purpose, not for private gain
X. IP Policies for academic institutions: Proposed new Section 230
XI. Conclusion


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Notes Repository (AUSL 2002-2006; Haystacks)

It was during the second year of my law school studies (SY 2003-2004) that I started to create a new format for my case notes, since I observed that some cases in the previous year were reiterated in the higher subjects. Resort to previously made digests was inappropriate, since the issues focused were different. I created these notes, which I called “Haystacks,” to outline all legal details provided in the cases’ discussions, to serve as source documents when I would need to create case digests, appropriate to the issues relevant to the subjects in which the cases could be reiterated anew.

Haystacks

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Notes Repository (AUSL 2002-2006; Digests)

When I was in law school (SYs 2002-2006), I found it more efficient to prepare the case digests using a computer. It was only at the time when my case digests appear sufficient in their electronic form, did I start to write the case digests by hand, as required in most early law school subjects. Compilations of some of the said soft copies are provided below.

Digests

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