Practice question
A lawful program owner makes a backup within section 189's permitted purposes. Later, continued possession of the program copy ceases to be lawful. It keeps the backup solely to supply another commercial user and argues that creating it lawfully gives permanent unrestricted distribution rights. No other license or exception applies. Which answer is best?
- Lawful creation of any backup grants unlimited future distribution.
- Any backup automatically becomes public domain.
- Only the number of employees matters.
- Section 189 restricts purposes and requires destruction when continued possession ceases to be lawful; the stipulated later use is not justified by the original backup permission.
- The backup automatically becomes a patent.
Legal references
- Intellectual Property Code, RA 8293, sections 187–189, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
- RA 10372, section 13 amending IP Code section 188.1, https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html
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