University of Cebu-Banilad Library

Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018.

Includes references (leaves 122-128).

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.

Law Law

English