Works Not Protected by Copyright

Other than works protection by copyright, no protection is extended to: (a) any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; (b) news of the day and other miscellaneous facts having the character of mere items of press information; or (c) any official text of a legislative, administrative or legal nature, as well as any official translation thereof. [1]

Continue reading here.

Derivative works

The following derivative works are protected by copyright: (a) dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and (b) collections of literary, scholarly, or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.[1]

Continue reading here.

Copyright Law

A copyright is an intellectual property right over a literary or artistic work.[1]

Literary and artistic works

Literary and artistic works (the “works”) “are original intellectual creations in the literary and artistic domain protected from the moment of their creation” including:

  • Books, pamphlets, articles and other writings;
  • Periodicals and newspapers;
  • Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
  • Letters;

Continue reading here.

Trademark infringement

 The owner of a registered mark may recover damages from any person who infringes his rights. [1] The measure of the damages suffered is based either: (a) on the reasonable profit which the complaining party would have made, had the defendant not infringed his rights; or (b) on the profit which the defendant actually made out of the infringement.[2]

If the previous measures of damages cannot be readily ascertained with reasonable certainty, then the court may award as damages a reasonable percentage based upon the amount of gross sales of the defendant or the value of the services in connection with which the mark or trade name was used in the infringement of the rights of the complaining party.[3]

Continue reading here.

Trademark and Service Mark Law

What is a mark, collective mark, and trade name?

A mark is “any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise,” including a stamped or marked container of goods.[1]

A collective mark is “any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristics, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark.”[2]

A trade name is “the name or designation identifying or distinguishing an enterprise.”[3]

Continue reading here.

Patent infringement

Patent infringement is the “making, using, offering for sale, selling, or importing a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authorization of the patentee.”[1]

Continue reading here.

Rights of patentees

A patent confers on its owner the following exclusive rights:[1]

  • If the subject matter of a patent is a product, to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product;[2]
  • If the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained directly or indirectly from such process;[3] and
  • To assign, or transfer by succession the patent, and to conclude licensing contracts for the same.[4]

Continue reading here.