Notarized affidavits stating copyright subsistence and ownership serve as prima facie proof in legal proceedings under Section 218.
What can be used as prima facie proof of copyright ownership? Read More »
Courts can impound sales documents, infringing articles, packaging, and manufacturing implements during a pending legal action.
What items can be impounded during a pending infringement action? Read More »
Infringing copies, devices, and manufacturing tools like molds are destroyed without compensation upon a court’s final order.
What happens to infringing copies and devices after a final court order? Read More »
Courts may award moral and exemplary damages and order item destruction even if the defendant is acquitted.
Can moral and exemplary damages be awarded in infringement cases? Read More »
Owners can elect statutory damages of at least Fifty thousand pesos instead of actual damages before final judgment.
What options does a copyright owner have regarding statutory damages? Read More »
Courts evaluate infringement nature, flagrancy, bad faith, deterrence needs, and plaintiff losses when awarding statutory damages.
What factors does a court consider when awarding statutory damages? Read More »
Courts may reduce statutory damages to Ten thousand pesos if the infringer acted without knowledge or suspicion.
When can statutory damages be reduced by the court? Read More »
Courts can seize and impound articles as evidence in infringement actions following Supreme Court search and seizure rules.
Can articles be seized as evidence during an infringement action? Read More »
Infringement actions do not block independent suits for damages, injunctions, or other relief for the injured party.
Does an infringement action prevent a separate suit for damages? Read More »
Moral rights allow authors to claim authorship, object to distortions, and control publication to protect their professional reputation.
What are “Moral Rights”? Read More »
