000 -LEADER |
fixed length control field |
02755nam a22002657a 4500 |
003 - CONTROL NUMBER IDENTIFIER |
control field |
OSt |
005 - DATE AND TIME OF LATEST TRANSACTION |
control field |
20190715094734.0 |
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
fixed length control field |
190608b xxu||||| |||| 00| 0 eng d |
040 ## - CATALOGING SOURCE |
Original cataloging agency |
University of Cebu- Banilad |
Transcribing agency |
University of Cebu- Banilad |
100 ## - MAIN ENTRY--PERSONAL NAME |
Personal name |
Diez, Emelie Marie Taypin. |
245 ## - TITLE STATEMENT |
Title |
Legal protection against indirect infringers : |
Remainder of title |
a study on landlord liability vis-a-vis trademark and copyright infringement in Philippine setting / |
Statement of responsibility, etc |
Emelie Marie Taypin Diez. |
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) |
Place of publication, distribution, etc |
Cebu City : |
Name of publisher, distributor, etc |
University of Cebu, |
Date of publication, distribution, etc |
2018. |
300 ## - PHYSICAL DESCRIPTION |
Extent |
vi, 139 (various) leaves : |
Other physical details |
illustrations ; |
336 ## - CONTENT TYPE |
Source |
rdacontent |
Content type term |
text |
337 ## - MEDIA TYPE |
Source |
rdamedia |
Media type term |
unmediated |
338 ## - CARRIER TYPE |
Source |
rdacarrier |
Carrier type |
volume |
501 ## - WITH NOTE |
With note |
Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018. |
504 ## - BIBLIOGRAPHY, ETC. NOTE |
Bibliography, etc |
Includes references (leaves 122-128). |
520 ## - SUMMARY, ETC. |
Summary, etc |
Summary: In the Philippines, one of the chief problems concerning intellectual property rights protection includes the selling of counterfeit and pirated goods in leased commercial establishments. This paper examined the rule on landlord liability within the context of trademark and copyright infringement vis-a-vis its legal and actual implications on the safeguard of this country's intellectual property of rights. In doing so, it intends to propose a framework espousing a system of landlord liability, applying a hybrid of the parameters being laid down by relevant secondary liability theories. A qualitative research design was utilized with the key informant interview using standard question sets being sent either personally, email, or conducted via telephone. The findings reveal that there are obvious gaps in the landlord liability regime in the country's current IPR framework. Aside from being a nebulous concept, there is an unexplained differential treatment in extending secondary liability for infringement in copyright but none for trademark.Actual and legal implications suggest that a successful landlord indirect liability claim can result in deterrence to future infringements by denying counterfeiters legitimate outlets through which they can peddle counterfeits. Due to unequal treatment, trademark owners have less available legal remedies than those of copyright. As a conclusion, while intellectual owners have a right to more encompassing protection of their rights, landlords exercising their natural propensity to engage in legitimate business interests also have the right to be protected from undue harassment,taking into account a landlord liability scheme which respects a rational balancing of interests. |
541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE |
Deans/Chairperson |
|
Department |
Law |
Subject Category |
Law |
546 ## - LANGUAGE NOTE |
Language note |
English |
942 ## - ADDED ENTRY ELEMENTS (KOHA) |
Source of classification or shelving scheme |
|
Type of record |
Thesis |
998 ## - LOCAL CONTROL INFORMATION (RLIN) |
Encoded by |
crislyn[new] |
Date encoded |
06/08/2019 |