000			02755nam a22002657a 4500
003			OSt
005			20190715094734.0
008			190608b xxu||||| |||| 00| 0 eng d
040			_aUniversity of Cebu- Banilad _cUniversity of Cebu- Banilad
100			_aDiez, Emelie Marie Taypin.
245			_aLegal protection against indirect infringers : _ba study on landlord liability vis-a-vis trademark and copyright infringement in Philippine setting / _cEmelie Marie Taypin Diez.
260			_aCebu City : _bUniversity of Cebu, _c2018.
300			_avi, 139 (various) leaves : _billustrations ;
336			_2rdacontent _atext
337			_2rdamedia _aunmediated
338			_2rdacarrier _avolume
501			_aThesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018.
504			_aIncludes references (leaves 122-128).
520			_aSummary: 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			_xBaldomero Estenzo _yLaw _zLaw
546			_aEnglish
942			_2ddc _cTHE
998			_ccrislyn[new] _d06/08/2019
999			_c10232 _d10232