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intellectual property

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Who is naturally presumed to be the author of a work?

Legal Answers / Nicolas and De Vega Law Offices

A person whose name appears on a work is presumed the author unless contrary proof is presented.

Who is naturally presumed to be the author of a work? Read More »

Who is presumed to be the maker of an audiovisual work?

Legal Answers / Nicolas and De Vega Law Offices

The person or corporation named on an audiovisual work is presumed its maker absent contrary evidence.

Who is presumed to be the maker of an audiovisual work? Read More »

How are international registrations of works treated in the Philippines?

Legal Answers / Nicolas and De Vega Law Offices

International registration statements are presumed true unless they violate local law or are contradicted by other records.

How are international registrations of works treated in the Philippines? Read More »

When is an enforcement officer required to notify a copyright owner about a seizure?

Legal Answers / Nicolas and De Vega Law Offices

Enforcement officers must notify copyright owners when their articles are seized or detained for suspected law violations.

When is an enforcement officer required to notify a copyright owner about a seizure? Read More »

Which authors receive copyright protection under Philippine law?

Legal Answers / Nicolas and De Vega Law Offices

Protection applies to Philippine nationals, residents, and works first published or locally published within thirty days.

Which authors receive copyright protection under Philippine law? Read More »

What are the rules for protecting works of architecture?

Legal Answers / Nicolas and De Vega Law Offices

Architectural works erected in the Philippines and artistic works in local buildings are protected under copyright law.

What are the rules for protecting works of architecture? Read More »

What are the primary remedies for copyright infringement?

Legal Answers / Nicolas and De Vega Law Offices

Remedies include injunctions, desisting orders for imports, and payment of actual damages plus legal costs for rights violations.

What are the primary remedies for copyright infringement? Read More »

When is the maximum criminal penalty mandatory?

Legal Answers / Nicolas and De Vega Law Offices

Maximum penalties are mandatory for circumvention of technology or altering electronic rights management information during copyright infringement.

When is the maximum criminal penalty mandatory? Read More »

How are actual damages and profits calculated in infringement cases?

Legal Answers / Nicolas and De Vega Law Offices

Owners recover actual damages and profits; plaintiffs prove sales while defendants must prove all claimed cost elements.

How are actual damages and profits calculated in infringement cases? Read More »

Is possession of infringing copies for trade a criminal offense?

Legal Answers / Nicolas and De Vega Law Offices

Possessing known infringing copies for sale, hire, distribution, or public trade exhibition is a punishable criminal offense.

Is possession of infringing copies for trade a criminal offense? Read More »

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