Outline
of the
Intellectual Property Code
(Republic Act No 8293)
THE LAW ON COPYRIGHT |
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Any person infringing a right protected under this
law shall be liable:
- To an injunction restraining such infringement.
The court may also order the defendant to desist from
an infringement, among others, to prevent the entry
into the channels of commerce of imported goods that
involve an infringement, immediately after customs
clearance of such goods.
- Pay to the copyright proprietor or his assigns or
heirs such actual damages, including legal costs and
other expenses, as he may have incurred due to the
infringement as well as the profits the infringer
may have made due to such infringement, and in proving
profits the plaintiff shall be required to prove sales
only and the defendant shall be required to prove
every element of cost which he claims, or, in lieu
of actual damages and profits, such damages which
to the court shall appear to be just and shall not
be regarded as penalty.
- Deliver under oath, for impounding during the pendency
of the action, upon such terms and conditions as the
court may prescribe, sales invoices and other documents
evidencing sales, all articles and their packaging
alleged to infringe a copyright and implements for
making them.
- Deliver under oath for destruction without any compensation
all infringing copies or devices, as well as all plates,
molds, or other means for making such infringing copies
as the court may order.
- Such other terms and conditions, including the payment
of moral and exemplary damages, which the court may
deem proper, wise and equitable and the destruction
of infringing copies of the work even in the event
of acquittal in a criminal case. SECTION 216.1
In an infringement action, the court shall also have
the power to order the seizure and impounding of any
article which may serve as evidence in the court proceedings.
(Sec. 28, P.D. No. 49a) SECTION 216.2. |
