Julio secured a copyright registration for a drawing of a light box. Julio used the drawing for his advertisements indicating the new internal electronic design features of the light box. Ten years after the registration of the copyright, Julian decided to manufacture and sell a light box with the same internal electric design features as the light box drawing created by Julio. However, the physical appearance of the light box manufactured by Julian is different. Julio objected to the manufacture by Julian of the light box on the ground that he (Julio) is the inventor of the light box design. Is the objection of Julio valid? Discuss.
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No, Julio's objection is not valid. Under the Intellectual Property Code (R.A. No. 8293) and Pearl & Dean (Phil.), Inc. v. Shoemart, Inc., copyright protection extends only to original literary and artistic works, such as technical
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Quick check
Does copyright registration of a technical drawing grant exclusive rights to manufacture the functional object depicted?
Copyright protects only the literary or artistic expression of a drawing, not the manufacture of functional objects depicted.
Under the Intellectual Property Code, what form of protection is required to obtain an exclusive right to manufacture an invention?
Patent or utility model registration is legally required to obtain exclusive rights to manufacture an invention.
In Pearl and Dean (Philippines) versus Shoemart, what did the Supreme Court hold regarding technical display drawings?
Pearl and Dean established that copyright in a drawing does not extend to manufacturing the physical object.
Under Section 172 of Republic Act Number 8293, what is the scope of copyright protection granted to technical illustrations?
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What legal remedy is available to prevent a competitor from manufacturing a functional device if no patent was secured?
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Learn more about these topics
1. Copyright Scope Limitation
Under Section 172 of the Intellectual Property Code (Republic Act Number 8293), copyright protection extends exclusively to original literary and artistic works, including technical drawings and pictorial illustrations. Copyright protects the specific visual or literary expression of an author, never extending to the underlying concepts, functional inventions, or technical operations depicted in the drawing. A copyright owner acquires exclusive rights to reproduce the drawing itself, but gains no statutory legal monopoly over manufacturing or selling the functional object or electronic design illustrated therein.
2. Patent Monopoly Requirement
To secure exclusive commercial rights to manufacture, sell, or exploit a useful invention or technical design, an inventor must obtain a patent or utility model registration from the Intellectual Property Office of the Philippines under Section 21 of Republic Act Number 8293. Patent protection requires novelty, inventive step, and industrial applicability. Registering a copyright for a technical drawing does not create a patent monopoly over the functional invention, nor does it prevent third parties from manufacturing physical items embodying those functional features.
3. Pearl Dean Doctrine
In Pearl and Dean (Philippines), Incorporated versus Shoemart, Incorporated, the Supreme Court affirmed that copyright registration for advertising drawings or technical display designs grants protection solely against copying the drawing itself. Copyright protection over a technical diagram does not extend to the physical manufacture or commercial sale of the three-dimensional functional object depicted. In the absence of a valid patent registration, an individual cannot prohibit others from manufacturing or selling the functional device shown in a copyrighted drawing.