I.Protect: Sporting goods-A A +A
Thursday, October 31, 2013
Clint Fabiosa & Ana Liza Villamor
COPYRIGHT protects original literary and artistic works. Where the products covered by the copyright certificate do not appear to be original creations and were being already manufactured and distributed by different companies locally and abroad under various brands, such products are unqualified for protection under Section 172 of the Intellectual Property Code. Copyright certificates constitute merely prima facie evidence of validity and ownership. However, no presumption of validity is created where other evidence exist that may cast doubt on the copyright validity. In this case, MANLY obtained copyright certificates over ordinary and common sporting goods which were proven to be not original creations of MANLY and are not among the classes of work covered by copyright protection under the law. (MANLY SPORTSWEAR vs. DADODETTE ENTERPRISES, G.R. No. 165306, Sept. 20, 2005)
Published in the Sun.Star Cebu newspaper on November 01, 2013.