intprop syllabus 2011 paascu format

8/3/2019 INTPROP Syllabus 2011 Paascu Format

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DE LA SALLE UNIVERSITYCollege of Law

COURSE SYLLABUSFor

INTELLECTUAL PROPERTY LAW

Course Code : INTPROPPrerequisite :Prerequisite to : NONEType of Course : Elective CourseCredit : 2 unitsTotal Hours : 28 hoursFaculty : Atty. Christopher E. CruzTerm/Time/Room :

I. Course Description

It is the policy of the state to protect and promote intellectual propertyrights. For this reason, the state recognizes that an effective intellectual andindustrial property system is vital to the development of domestic andcreative activity, facilitates transfer of technology, attracts foreigninvestments and ensures market access to our products Furthermore, theuse of intellectual property bears a social function as it aids in thedevelopment of the nation (Section 2, RA 8293). Unfortunately, however,people often fail to realize the importance of respecting the intellectualproperty rights. In the Philippines, piracy is very rampant as intellectualproperty laws are fragmented and not fully implemented. With therefinements introduced in RA 8293 or the Intellectual Property Code (IPC),there is now a unified law that protects the rights of intellectual propertyowners as well as address the problems of piracy and infringement.

The aim of this course is to examine the Intellectual Property Code(1998) and laws related thereto to the end of understanding the reasonbehind its enactment and its effect on society as a whole. The course willtackle the whole IP Cycle of IP Creation, IP Protection and IPCommercialization. From time to time, selected cases shall be assigned tosupplement the readings. By the end of the course, the students areexpected to have a working knowledge of the Philippine Intellectual Propertylaws and jurisprudence and to realize the importance of enhancing theenforcement of intellectual property rights in the Philippines.

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II. Objectives / Values

At the end of this course, the students are expected to be ableto:

2.1Cognitive (Knowledge)2.1.1 Know the different laws and jurisprudence pertaining the

intellectual property;

2.1.2 Explain the spirit and rationale behind the intellectual propertycycle of creation, protection and commercialization.

2.1.3 Know the importance and impact of intellectual property to theeconomy and to society.

2.2 Cognitive (Skills)2.2.1 Compare and contrast the different forms of intellectual property

(patent, copyright, trademark, industrial design, plant varieties,etc.)

2.2.2 Draft a patent application with all the legal formalities.2.2.3 Know the nuances of the different forms of intellectual property

and its relation to business.

2.3 Affective / Value Aims2.3.1 Practice the values of honesty and respect for ones intellectual

creation.2.3.2 Develop the La Sallian values of faith and zeal in dealing with

intellectual property.2.3.3 Demonstrate critical thinking, communication skills, computer

literacy, business ethics and community service.

III. Course OutlineTOPIC Week

Introduction / Classroom Policies / GroupingsTOPIC 1 OVERVIEW OF INTELLECTUAL PROPERTYRIGHTS

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1.1 What is Intellectual Property?

Exclusivity vs. Social Benefit

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1.2 The Intellectual Property Office of the Philippines 11.3 Treaties and agreements on Intellectual Property 1

Quiz 1 2

Topic 2 PATENT BASICS2.1 Patentability 22.2 What are patentable? 22.3 Requirements for Patent 22.4 Patent application and procedure for grant ofpatent

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2.5 Cancellation of patents and substitution ofpatentee

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2.6 Remedies of a person with a right to a patent 32.7 Rights of patentee and infringement of patents 32.8 Voluntary licensing 32.9 Compulsory licensing 32.10 Assignment and transmission of rights 42.11 Registration of Utility models 42.12 Lay-out designs (topographies) of integratedcircuits (As amended by RA 9150, August 2001)

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Quiz 2 5

TOPIC 3 TRADEMARKS, SERVICEMARKS ANDTRADENAMES

3.1 Registrability: What cannot be registered? 53.2 Procedure in Trademark registration. 53.3 Rights conferred 53.4 License contracts 6

3.5 Infringement; Remedies 63.6 Unfair competition, rights, and remedies 6

Quiz 3 7

TOPIC 4 COPYRIGHT AND RELATED RIGHTS4.1 Original Works ( Literary and Artistic) 74.2 Derivative Works 74.3 Works not protected 74.4 Economic rights 84.5 Ownership of Copyright 84.6 Transfer or assignment of copyright 8

4.7 Limitations on copyright 84.8 Deposit and Notice 94.9 Moral rights 94.10 Rights to proceeds on subsequent transfers 94.11 Rights of Performers, Producers and SoundRecordings and Broadcasting Organizations.

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Quiz 4 10TOPIC 5 OTHER INTELLECTUAL PROPERTY

5.1 Trade Secrets; Know-How 105.2 Geographical Indications 10

5.3 Plant Varieties 10Quiz 5 11TOPIC 6 OTHER RELEVANT TOPICS

6.1 RULES AND REGULATIONS ON ADMINSTRATIVECOMPLAINTS FOR VIOLATION OF LAWS INVOLVINGINTELLECTUAL PROPERTY RIGHTS (March 2001)

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6.2 RULES ON SEARCH AND SEIZURE IN CIVILACTIONS FOR INFRINGEMENT OF INTELLECTUALPROPERTY RIGHTS (February 15, 2002)

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6.3 RULES ON SETTLEMENT OF DISPUTESINVOLVING TECHNOLOGY TRANSFER PAYMENTSAND TERMS OF LICENSE INVOLVING THEAUTHORS RIGHT TO PUBLIC PERFORMANCE ANDOTHER COMMUNICATION OF HIS WORK.

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6.4 Optical Media Act of 2003 (RA 9239) 116.5 Legal Issues in Intellectual Property 126.6 Patent Drafting Basics 13

FINAL EXAM 14

IV. Teaching Methodologies4.1 Lecture and Group Work4.2 Discussion4.3 Library Research4.4 On-line Learning4.5 Case Studies

V. Course Requirements5.1 Assignments/Quizzes5.2 Case Studies written and oral5.3 Group Research Work and Presentation

VI. Assessment/Evaluation

6.1 Grading System

GRADEPOINT

%EQUIVALENT

DESCRIPTION

4.0 97 100 Excellent3.5 94 96 Superior3.0 91 93 Very Good2.5 87 90 Good2.0 83 86 Satisfacto

ry1.5 77 82 Fair1.0 70 76 Pass

0.0 Below 70 Fail

GRADING Evaluation: First Half -1/3; Second Half 1/3; Final Exam 1/3

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VII. LIST OF REFERENCES:

Alikhan, S. (2000). Socio-Economic Benefits of Intellectual PropertyProtection in Developing Countries. Geneva: World Intellectual PropertyOrganization (Publication No. 454 (E).

Aquino, R. (1998, 2006). Intellectual Property Law. Quezon City: CentralProfessional Books, Inc.

Hamzah, Z. (2006). Intellectual Property Law and Strategy. Singapore: Sweetand Maxwell Asia.

Japan Patent Office (2010). Industrial Property Rights Standard Textbook.Tokyo: Japan Institute of Invention and Innovation.

Kumagi, K. (2006). Introduction to Intellectual Property Rights. Tokyo: JapanPatent Office and Asia-Pacific Industrial Property Center, JIII

World Intellectual Property Organization (1988). Background Reading

Material on Intellectual Property. Geneva: WIPO Publication No. 659(E).

World Intellectual Property Organization (2004). Secrets of Intellectual

Property: A guide for small and medium sized exporters. Geneva: WIPO

Publication.

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intprop syllabus 2011 paascu format

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