College of Engineering and Architecture
Computer Engineering CpE Laws and Professional Practice the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.
Section 157. Power of Court to Order Infringing Material Destroyed. - 157.1 In any action arising under this Act, in which a violation of any right of the owner of the registered mark is established, the court may order that goods
found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or destroyed and all labels, signs, prints, packages,
wrappers, receptacles and advertisements in the possession of the defendant, bearing the registered mark or trade name or any reproduction, counterfeit, copy or colorable imitation thereof,
all plates, molds, matrices and other means of making the same, shall be delivered up and destroyed.
Section 158. Damages; Requirement of Notice. - In any suit for infringement, the owner of the registered mark shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is likely to cause confusion,
or to cause mistake, or to deceive. Such knowledge is presumed if the registrant gives notice that his mark is registered by displaying with the mark the words 'Registered Mark" or the letter R within a circle or if the defendant had otherwise actual notice of the registration. (Sec. 21, RA. No. ab. THE LAW ON COPYRIGHT
COPYRIGHT is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific and artistic domain. Among the literary and artistic works enumerated in the IP Code includes books and other writings, musical works, films,
paintings and other works, and computer programs. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as their content, quality and purpose. Thus, it does not matter if,
in the eyes of some critics, a certain work has little artistic value. So long as it has been independently created and has a minimum of creativity, the same enjoys copyright protection.
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