PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
nature or is for non-profit educational pur - poses; • the nature of the copyrighted work; • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and • the effect of the use upon the potential mar - ket for or value of the copyrighted work. The specific statutory fair use provisions are listed in Chapter IV of the IP Code under Sec - tion 184, while additional limitations are listed in Sections 186 to 189. Philippine jurisprudence recognises parodies as a permissible exception to copyright infringe - ment, provided that they conform to the factors constituting fair use and are deemed “transform - ative”, which means that they add new elements without damaging the original work. It appears that copyright is considered a limita - tion to free speech. Arguably, the effect of copy - right on free speech is negligible since copyright protects only the expression or form and not the idea. Similarly, the validity of trade mark rights against free speech has not been resolved, but limitations exist under the IP Code that allow the use of a registered mark for information and The IP Code is silent as to the trade mark owner’s right to prevent the re-sale of authentic goods by third parties. It is generally understood that infringement applies only to non-genuine goods. Similarly, Section 177.3 of the IP Code gives a copyright owner exclusive control over only the first public distribution of their work and cop - ies thereof. After the first lawful sale or transfer, the purchaser can resell, donate or give away identification only. 9.3 Exhaustion
the work, in line with the first-sale or exhaustion doctrine.
10. Remedies 10.1 Injunctive Remedies
In cases involving the violation of intellectual property rights, a complainant may seek a tem - porary restraining order (TRO) or preliminary injunction to prevent further infringement or damage while the case is ongoing by establish - ing any of the following: • the applicant is entitled to the relief demand - ed, and the whole or part of such relief consists in restraining the commission or continuance of the act(s) complained of, or in requiring the performance of an act(s) either for a limited period or perpetually; • the commission, continuance or non-perfor - mance of the act(s) complained of during the litigation would probably cause injustice to the applicant; or • a party is doing, threatening or attempting to do an act in violation of the rights of the applicant, which tends to render the judgment ineffectual. With regard to site blocking, a copyright owner or right holder or its duly authorised representative may file an application with the IPOPHL Enforce - ment Office for the issuance of a Request to an ISP to block or disable access against a pirate website. 10.2 Monetary Remedies Trade Mark Actual or constructive notice of the trade mark’s registration is required to obtain damages from an infringer.
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