Article 104Act No. 3815, Sec./Art. 104

What is included in civil liability.-The civil liability established in articles 100, 101, 102, and 103, of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

identified, which will be protected in the same manner as

other property rights.

168.2. Any person who shall employ deception or any

other means contrary to good faith by which he shall pass

off the goods manufactured by him or in which he deals,

or his business, or services for those of the one having

established such goodwill, or who shall commit any acts

calculated to produce said result, shall be guilty of unfair

competition, and shall be subject to an action therefor.

168.3. In particular, and without in any way limiting the

scope

of

protection

against

unfair

competition,

the

following shall be deemed guilty of unfair competition:

(a) Any person, who is selling his goods and gives them

the

general

appearance

of

goods

of

another

manufacturer or dealer, either as to the goods themselves

or in the wrapping of the packages in which they are

contained, or the devices or words thereon, or in any

other feature of their appearance, which would be likely

to influence purchasers to believe that the goods offered

are those of a manufacturer or dealer, other than the

actual manufacturer or dealer, or who otherwise clothes

the goods with such appearance as shall deceive the

public and defraud another of his legitimate trade, or any

subsequent vendor of such goods or any agent of any

vendor

engaged

in

selling

such

goods

with

a like

purpose;

(b) Any person who by any artifice, or device, or who

employs any other means calculated to induce the false

belief that such person is offering the services of another

who has identified such services in the mind of the

public; or

(c) Any person who shall make any false statement in the

course of trade or who shall commit any other act

contrary to good faith of a nature calculated to discredit

the goods, business or services of another.

168.4. The remedies provided by Sections 156, 157 and 161

shall apply mutatis mutandis. (Sec. 29, R.A. No. 166a)

Section

169.

False

Designations

of

Origin;

False

Description or Representation . - 169.1. Any person who, on

or in connection with any goods or services, or any

container for goods, uses in commerce any word, term,

name, symbol, or device, or any combination thereof, or

any

false

designation

of

origin,

false

or

misleading

description of fact, or false or misleading representation

of fact, which:

(a) Is likely to cause confusion, or to cause mistake, or to

deceive as to the affiliation, connection, or association of

such person with another person, or as to the origin,

sponsorship, or approval of his or her goods, services, or

commercial activities by another person; or

(b)

In

commercial

advertising

or

promotion,

misrepresents the nature, characteristics, qualities, or

geographic origin of his or her or another person's goods,

services, or commercial activities, shall be liable to a civil

action for damages and injunction provided in Sections

156 and 157 of this Act by any person who believes that he

or she is or is likely to be damaged by such act.

Section 170. Penalties . - Independent of the civil and

administrative

sanctions

imposed by law, a criminal

penalty of imprisonment from two (2) years to five (5)

years and a fine ranging from Fifty thousand pesos

(P50,000) to Two hundred thousand pesos(P200,000),

shall be imposed on any person who is found guilty of

committing any of the acts mentioned in Section 155,

Section 168 and Subsection 169.1. (Arts. 188 and 189,

Revised Penal Code)

PART IV The Law on Copyright

CHAPTER I Preliminary Provisions

SECTION 171. Definitions . — For the purpose of this Act,

the following terms have the following meaning:

171.1. "Author" is the natural person who has created the

work;

171.2. A "collective work" is a work which has been created

by two (2) or more natural persons at the initiative and

under the direction of another with the understanding

that it will be disclosed by the latter under his own name

and

that

contributing

natural

persons

will

not

be

identified;

171.3. 'Communication to the public' or 'communicate to

the public' means any communication to the public,

including broadcasting, rebroadcasting, retransmitting

by cable, broadcasting and retransmitting by satellite,

and includes the making of a work available to the public

by wire or wireless means in such a way that members of

the public may access these works from a place and time

individually chosen by them; (as amended by RA No

10372)

171.4. A "computer" is an electronic or similar device

having

information-processing

capabilities,

and

a

"computer program" is a set of instructions expressed in

words, codes, schemes or in any other form, which is

capable

when

incorporated

in

a

medium

that

the

computer can read, of causing the computer to perform

or achieve a particular task or result;

171.5. "Public lending" is the transfer of possession of the

original or a copy of a work or sound recording for a

limited period, for non-profit purposes, by an institution

the services of which are available to the public, such as

public library or archive;

171.6. "Public performance", in the case of a work other

than

an

audiovisual

work, is the recitation, playing,

dancing, acting or otherwise performing the work, either

directly or by means of any device or process; in the case

of an audiovisual work, the showing of its images in

sequence and the making of the sounds accompanying it

audible; and, in the case of a sound recording, making the

recorded sounds audible at a place or at places where

persons outside the normal circle of a family and that

family's

closest

social

acquaintances

are

or

can

be

present, irrespective of whether they are or can be

present at the same place and at the same time, or at

different places and/or at different times, and where the

performance can be perceived without the need for

communication within the meaning of Subsection 171.3;

171.7. "Published works" means works, which, with the

consent of the authors, are made available to the public

by wire or wireless means in such a way that members of

the public may access these works from a place and time

individually chosen by them: Provided , That availability of

such copies has been such, as to satisfy the reasonable

requirements of the public, having regard to the nature of

the work;

171.8. "Rental" is the transfer of the possession of the

original or a copy of a work or a sound recording for a

limited period of time, for profit-making purposes;

171.9. 'Reproduction' is the making of one (1) or more

copies, temporary or permanent, in whole or in part, of a

work or a sound recording in any manner or form without

prejudice to the provisions of Section 185 of this Act (Sec.

41[E], P.D. No. 49a); (as amended by RA No 10372)

171.10. A "work of applied art" is an artistic creation with

utilitarian functions or incorporated in a useful article,

whether made by hand or produced on an industrial

scale;

171.11. A "work of the Government of the Philippines" is a

work created by an officer or employee of the Philippine

Government

or

any

of

its

subdivisions

and

instrumentalities,

including

government-owned

or

controlled

corporations

as

a

part

of

his

regularly

prescribed official duties.

171.12. 'Technological measure' means any technology,

device or component that, in the normal course of its

operation, restricts acts in respect of a work, performance

or sound recording, which are not authorized by the

© Compiled By RGL

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