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Tuesday, October 21, 2014

Secondary liability in the Philippines

Under the IP code as amended a landlord or ISP or other party can be liable for IP infringement in 3 circumstances:

a.      He has been given notice/knowledge of the infringing acts
b.      He has the ability to control the infringer’s activities in some way
c.      He obtains a benefit somehow from the infringement

This applies to all kinds of IP, but especially benefits copyright and trademark rights holders trying to prevent widespread retail or online infringement by forcing those who control channels of trade like online portals of retail malls to stop their tenants/users from infringing. In most cases they will have contractual powers to prevent it too. Most leases contain a prohibition on on=premises illegal activities, as do most online click licenses/terms.

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