I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Penalties
1.) Infringement of Copyright
a.) First offense: 1-3 years imprisonment and a fine of Php50,000 to 150,000
b.) Second offense: 3 years and 1 day to 6 years and a fine of Php150,000 to 500,000
c.) Third and subsequent offenses: 6 years and 1 day to 9 years and a fine of Php500,000 to 1,500,000
d.) Subsidiary imprisonment in all cases if the accused is insolvent
This will also apply to any person who possesses an article which he knows, or ought to know, is an infringing copy of the original work if the possession of the article in question is for any of the following:
a.) Sale, letting for hire, or by way of trade offering/exposing it for sale or hire
b.) Distributing the article for purpose of trade or any other purpose to the extent that it will prejudice the rights of the copyright holder
c.) Trade exhibit of the article in public
In determining the length of the prison term and fine, the court must consider the value of the infringing materials and the damage the copyright owner suffered because of the infringement.
2.) Infringement of Trademarks/Trade Names
Imprisonment of 2 to 5 years and a fine of Php50,000 to 200,000. This also applies to unfair competition and false descriptions of origin or representation. The lawful owner can also pursue civil and administrative actions.
3.) Infringement of Patents
Criminal liability for patent infringement will appear only if there is a repetition of infringement. Imprisonment is 6 months to 3 years and a fine of Php100,000 to 300,000. The period of prescription is 3 years.
In every case, the lawful owner of the trademark/trade name, copyright or patent can pursue a civil action to recover damages the moment the infringer undertakes any of the acts of infringement to cause confusion, mistake or deception.
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