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]

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Concept of Insurance

A contract of insurance is “an agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event.”[1]

Within the meaning of the Insurance Code, a contract of suretyship is deemed as an insurance contract “only if made by a surety who or which, as such, is doing an insurance business as hereinafter provided.”[2]

Best Legal Practices:

Safekeeping insurance contract or policy is highly recommended – As an insurance contract or policy is one that requires to be in writing, safekeeping the same is highly recommended considering it is the best evidence available.

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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;

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How to terminate a contract of agency

The contract of agency may be extinguished by the following modes:

  1. By revocation of the agency;
  2. By the withdrawal of the agent;
  3. By the death, civil interdiction, insanity or insolvency of the principal or of the agent;
  4. By the dissolution of the firm or corporation which entrusted or accepted the agency;
  5. By the accomplishment of the object or purpose of the agency; or
  6. By the expiration of the period for which the agency was constituted.[1]

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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]

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Obligations of the Principal in a Contract of Agency

To be bound by obligations contracted by agent

The principal is required to comply with all the obligations which the agent may have contracted within the scope of his authority.[1] The principal cannot set up the ignorance of the agent as to circumstances whereof the principal himself was, or ought to have been, aware.[2]

Unless the principal expressly or tacitly ratifies an ultra vires act of the agent, the principal is not bound to any obligations where the agent has exceeded his powers.[3]

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What is the doctrine of willful blindness?

Ignorance of the law excuses no one from compliance therewith.

This is the foundation of law enforcement in the Philippines. A person cannot feign ignorance of the law in order to avoid compliance and the corresponding consequences or liabilities. The primordial reason behind the rule is that it is the person’s responsibility to know the law in the jurisdiction.

What happens if a person willfully avoid learning the law? It does not matter as there is the doctrine of willful blindness.

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