PEARL AND DEAN V. SMI

409 SCRA 231

FACTS:

Pearl and Dean had their light box designs copyrighted but does this extend to the actual light boxes?

In this case, Pearl and Dean supplied the light boxes to different branches of SM. Thereafter, it was found out that a different supplier took over, using the same design of the light boxes. This prompted the petitioner to file an action against SMI.

HELD:

Being a mere statutory grant, the rights are limited to what the statute confers. It can cover only the works falling under the statutory enumeration or description. A copyright would only cover the drawing or technical description but will not extend to the actual product. The actual product should be covered by a patent to be protected.

A patent infringement to be sustained necessarily entails that a patent is secured and has been issued. No right to the invention arises alone from the issuance of a patent.