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INTELLECTUAL PROPERTY OFFICE

www.ipophil.gov.ph

COPYRIGHT

Copyright is the legal protection extended to the owner of the rights in an original work.
Original work refers to every production in the literary, scientific and artistic domain. Among the literary
and artistic works enumerated in the IP Code includes books and other writings, musical works, films,
paintings and other works, and computer programs.
Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as
well as their content, quality and purpose. Thus, it does not matter if, in the eyes of some critics, a certain
work has little artistic value. So long as it has been independently created and has a minimum of
creativity, the same enjoys copyright protection.
WHAT ARE THE WORKS COVERED BY COPYRIGHT PROTECTION UNDER THE INTELLECTUAL
PROPERTY CODE?
Section 172 of the IP Code lists the works covered by copyright protection from the moment of their
creation, namely:
1. (a) Books, pamphlets, articles and other writings
2. (b) Periodicals and newspapers
3. (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not
reduced in writing or other material form
4. (d) Letters
5. (e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in
dumb shows
6. (f) Musical compositions, with or without words
7. (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of
art; models or designs for works of art
8. (h) Original ornamental designs or models for articles of manufacture, whether or not
registrable as an industrial design, and other works of applied art
9. (i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to
geography, topography, architecture or science
10. (j) Drawings or plastic works of a scientific or technical character
11. (k) Photographic works including works produced by a process analogous to photography;
lantern slides
12. (l) Audiovisual works and cinematographic works and works produced by a process analogous
to cinematography or any process for making audio-visual recordings
13. (m) Pictorial illustrations and advertisements
14. (n) Computer programs

15. (o) Other literary, scholarly, scientific and artistic works.


WHAT ARE THE TWO TYPES OF RIGHTS UNDER COPYRIGHT?

There are two types of rights under copyright: (1) economic rights, so-called because they enable
the creator to obtain remuneration from the exploitation of his works by third parties, and (2) moral
rights, which makes it possible for the creator to undertake measures to maintain and protect the
personal connection between himself and the work.

Economic rights include:

Reproduction

Transformation First public distribution

Rental

Public display

Public performance

Other communication to the public of the work.


Moral rights include:

Right of Attribution

Right of Alteration

Right of Integrity (object to any prejudicial distortion)

Right to restrain use of his name.


Exception to the moral rights

When an author contributes to a collective work, his right to have his


contribution attributed to him is deemed waived unless he expressly reserves it. A collective
work is a work which has been created by two (2) or more natural persons at the initiative
and under the direction of another with the understanding that it will be disclosed by the
latter under his own name and that contributing natural persons will not be identified.

In the absence of a contrary stipulation at the time an author licenses


or permits another to use his work, the necessary editing, arranging or adaptation of such
work, for publication, broadcast, use in a motion picture, dramatization, or mechanical or
electrical reproduction in accordance with the reasonable and customary standards or
requirements of the medium in which the work is to be used, shall not be deemed to
contravene the author's rights secured by this chapter. Nor shall complete destruction of a
work unconditionally transferred by the author be deemed to violate such rights.

Resale right: In every sale or lease of an original work of painting or sculpture or of the
original manuscript of a writer or composer, subsequent to the first disposition thereof by the author,
the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or
lease to the extent of five percent (5%). This right shall exist during the lifetime of the author and for
fifty (50) years after his death.

Related rights

Authors create works to disseminate them to as large an audience as possible. Obviously, they
cannot do the dissemination by themselves. They need the help of persons or entities who contribute
substantial creative, technical or organizational skill in the process of making the works available to
the public and whose interests ought to be protected to encourage them to continue with their work.
Hence, their rights are referred to as related rights or neighboring rights since they are related to
or are neighboring on the authors copyright.

Thus, we have the related rights of: (a) performers; (b) producers of sound recordings; and (c)
broadcasting organizations.

Copyright ownership

Generally, the natural person who created the literary and artistic work owns the copyright to the
same.

For work created during or in the course of employment (works for hire):
o

Employee - if the work is not part of his regular duties, even if he used the time, facilities
and materials of the employer;

Employer - if the work is the result of the performance of his regularly assigned duties,
unless there is an express or implied agreement to the contrary.

For commissioned works: the person who commissioned the work owns the work but the copyright
thereto remains with the creator, unless there is a written agreement to the contrary.

For audiovisual works: the producer, the author of the scenario, the composer of the music, the film
director, and the author of the work so adapted.

WHAT IS THE TERM OF PROTECTION OF COPYRIGHT?

In general, the term of protection of copyright for original and derivative works is the life of the
author plus fifty (50) years after his death. The Code specifies the terms of protection for the different
types of works.

In calculating the term of protection, the term of protection subsequent to the death of the author
shall run from the date of his death or of publication, but such terms shall always be deemed to begin
on the first day of January of the year following the event which gave rise to them (i.e. death,
publication, making).

WHAT ARE THE LIMITATIONS ON COPYRIGHT AND FAIR USE?

Copyright protection is not intended to give the copyright owner absolute control over all possible
exploitation of his work. The law provides for limitations (statutory fair uses) on the economic rights
of authors comprising of acts which do not constitute copyright infringement even if done without the
consent of the copyright holder, such as:
o

The recitation or performance of a work, once it has been lawfully made accessible to the
public, if done privately and free of charge or if made strictly for a charitable or religious
institution or society; (Sec. 10(1), P.D. No.49)

The making of quotations from a published work if they are compatible with fair use and only
to the extent justified for the purpose, including quotations from newspaper articles and
periodicals in the form of press summaries: Provided, That the source and the name of the author,
if appearing on the work, are mentioned;

The reproduction or communication to the public by mass media of articles on current


political, social, economic, scientific or religious topic, lectures, addresses and other works of the
same nature, which are delivered in public if such use is for information purposes and has not
been expressly reserved: Provided, That the source is clearly indicated;

The reproduction and communication to the public of literary, scientific or artistic works as
part of reports of current events by means of photography, cinematography or broadcasting to
the extent necessary for the purpose;

The inclusion of a work in a publication, broadcast, or other communication to the public,


sound recording or film, if such inclusion is made by way of illustration for teaching purposes and
is compatible with fair use: Provided, That the source and of the name of the author, if appearing
in the work, are mentioned;

The recording made in schools, universities, or educational institutions of a work included in


a broadcast for the use of such schools, universities or educational institutions: Provided, That
such recording must be deleted within a reasonable period after they were first broadcast:
Provided, further, That such recording may not be made from audiovisual works which are part of
the general cinema repertoire of feature films except for brief excerpts of the work;

The making of ephemeral recordings by a broadcasting organization by means of its own


facilities and for use in its own broadcast;

The use made of a work by or under the direction or control of the Government, by the
National Library or by educational, scientific or professional institutions where such use is in the
public interest and is compatible with fair use;

The public performance or the communication to the public of a work, in a place where no
admission fee is charged in respect of such public performance or communication, by a club or
institution for charitable or educational purpose only, whose aim is not profit making, subject to
such other limitations as may be provided in the Regulations;

Public display of the original or a copy of the work not made by means of a film, slide,
television image or otherwise on screen or by means of any other device or process: Provided,
That either the work has been published, or, that original or the copy displayed has been sold,
given away or otherwise transferred to another person by the author or his successor in title; and

Any use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by a legal practitioner.

These limitations, however, should be interpreted in such a way as to allow the work to be used in a
manner which does not conflict with the normal exploitation of the work and does not unreasonably
prejudice the right holders legitimate interest.

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including
multiple copies for classroom use, scholarship, research, and similar purposes are not an infringement
of copyright. Decompilation, which is understood here to be the reproduction of the code and
translation of the forms of the computer program to achieve the inter-operability of an independently
created computer program with other programs may also constitute fair use.

In determining whether the use made of a work in any particular case is fair use, the factors to be
considered shall include:
o

The purpose and character of the use, including whether such use is of a commercial nature
or is for non-profit education purposes;
The nature of the copyrighted work;

The amount and substantiality of the portion used in relation to the copyrighted work as a
whole; and

The effect of the use upon the potential market for or value of the copyrighted work.

Aside from the provisions on the limitations on copyright and on fair use, the law allows the
following reproductions:

the private reproduction of a published work in a single copy, where the reproduction is made by a
natural person exclusively for research and private study, shall be permitted, without the authorization
of the owner of copyright in the work.

any library or archive whose activities are not for profit may, without the authorization of the author
of copyright owner, make a single copy of the work by reprographic reproduction:
o (a) Where the work by reason of its fragile character or rarity cannot be lent to user in its
original form;
o (b) Where the works are isolated articles contained in composite works or brief portions of
other published works and the reproduction is necessary to supply them; when this is
considered expedient, to person requesting their loan for purposes of research or study
instead of lending the volumes or booklets which contain them; and
o (c) Where the making of such a copy is in order to preserve and, if necessary in the event
that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the
permanent collection of another similar library or archive, a copy which has been lost,
destroyed or rendered unusable and copies are not available with the publisher.

2. the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted,
without the authorization of the author of, or other owner of copyright in, a computer program, by the
lawful owner of that computer program: Provided, That the copy or adaptation is necessary for:
o

(a) The use of the computer program in conjunction with a computer for the purpose, and to
the extent, for which the computer program has been obtained; and

(b) Archival purposes, and, for the replacement of the lawfully owned copy of the computer
program in the event that the lawfully obtained copy of the computer program is lost,
destroyed or rendered unusable.

WHAT CONSTITUTES INFRINGEMENT?

Under the IP Code


o

Copyright infringement consists in infringing any right secured or protected under the Code.
It may also consist in aiding or abetting such infringement. The law also provides for the liability
of a person who at the time when copyright subsists in a work has in his possession an article
which he knows, or ought to know, to be an infringing copy of the work for the purpose of:
Selling or letting for hire, or by way of trade offering or exposing for sale or hire, the

article;

Distributing the article for the purpose of trade, or for any other purpose to an extent
that will prejudice the rights of the copyright owner in the work; or
Trade exhibit of the article in public.

WHAT ARE THE REQUIREMENTS FOR COPYRIGHT REGISTRATION?

The owner of the copyright may file an application for a certificate of registration and deposit of
copies or reproduction of the works or works personally or via registered mail with the Copyright
Division of the National Library and the Supreme Court Library. The application must contain the
following:
1. A duly accomplished form in duplicate for each work, provided, that a separate application
is submitted for each number of a periodical containing a notice of copyright.
2. A support document evidencing ownership of the copyright, the manner of its acquisition if
the claimant is not the original author translator, or editor, and where and in what
establishment the work was made, performed, printed, or produced, and the date of its
completion and publication.
3. Receipt showing payment of the registration fee if the application is filed personally, or by
postal money order if the application is filed by registered mail.
4. Documentary stamps in the correct amount, which shall be affixed to the registration and
deposit certificate.
5. Two (2) complete copies or reproduction of the work or replica or picture
6. Two (2) printed copies with the copyright notice printed in front or at the back of the title
page or on any conspicuous space for a non-book material, if the work is a published work.
7. If the work is in a musical work, two (2) copies of the originalwork, in the form of a music
sheet, in cassette, optical disk, or multimedia.
8. A technical description of the design, if the work is an original ornamental design.
9. Two (2) duplicate originals or certified true copies of the deed of assignment.
PATENTS

A Patent is a grant issued by the government through the Intellectual Property Office of the Philippines (IP
Philippines). It is an exclusive right granted for a product, process or an improvement of a product or
process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude
others from making, using, or selling the product of his invention during the life of the patent.
A patent has a term of protection of twenty (20) years providing an inventor significant commercial gain. In
return, the patent owner must share the full description of the invention. This information is made
available to the public in the form of the Intellectual Property Official Gazette and can be utilized as basis
for future research and will in turn promote innovation and development.
Patentable inventions offer a technical solution to a problem in any field of human activity. However,
theories, mathematical methods, methods of treatment and artistic creations are Non-Patentable
inventions.
PATENTABLE INVENTIONS

A Technical Solution to a Problem


In any field of human activity
It must be NEW
It must involve an INVENTIVE STEP
It must be INDUSTRIALLY APPLICABLE

Statutory Classes of Invention


A useful machine
A product or composition

A method or process, or
An improvement of any of the foregoing
Microorganism
Non-biological & microbiological process

Non-Patentable Inventions
Discovery
Scientific theory
Mathematical methods
Scheme, rule and method of
performing mental act
playing games
doing business
program for computer
Method for treatment human or animal body by surgery or therapy & diagnostic method
Plant variety or animal breed or essentially biological processes for the production of plants and
animals
Aesthetic creation
Contrary to public order or morality (Sec. 22, IP Code )
REQUIREMENT FOR PATENTABILITY
NOVELTY
INVENTIVE STEP
INDUSTRIAL APPLICABILITY
INVENTIVE STEP
An invention involves an inventive step, if having regard to prior art
it is not obvious to a person skilled in the art
OBVIOUSNESS
Not beyond normal progress of technology
Follows plainly or logically from the prior art
Does not require any skill or ability beyond that to be expected of the person skilled in the art
SKILLED PERSON
Ordinary practitioner who is Aware of common general knowledge in specific art
Has access to everything disclosed as the state of the art
Observes developments in related technical field
Who may apply for a Patent?
Natural person
Juridical person
a body of persons, a corporation, a partnership, or other legal entity recognized by law
Requirements for Filing a Patent
1.
2.
3.
4.

Request for the Grant of Patent


Description of the Invention (Specification and Claim/s)
Drawings necessary for the Invention (if any)
Filing Fee

CONTENTS OF THE SPECIFICATION


1. Title of the Invention
2. Abstract of the Disclosure
3. Background of the Invention
4. Summary of the Invention
5. Brief Description of the Drawings
6. Detailed Description
7. Claim/s
Who prepares the Patent Application?
Applicant or Inventor
First obtain practical ideas as to how specification and claims are drafted by perusal and study of
patents previously granted on related invention in the IPP Library or to any IP website.
TRADEMARK
WHAT IS A TRADEMARK? WHY IS IT IMPORTANT?
A trademark is a tool used that differentiates goods and services from each other. It is a very important
marketing tool that makes the public identify goods and services. A trademark can be one word, a group
of words, sign, symbol, logo, or a combination of any of these. Generally, a trademark refers to both
trademark and service mark, although a service mark is used to identify those marks used for services
only.
Trademark is a very effective tool that makes the public remember the quality of goods and services. Once
a trademark becomes known, the public will keep on patronizing the products and services.
Utilized properly, a trademark can become the most valuable business asset of an enterprise. In addition
to making goods and services distinctive, the owner of a mark may earn revenues from the use of the
mark by licensing its use by another or though franchising agreements.
HOW CAN YOU PROTECT YOUR MARK?
In the Philippines, a trademark can be protected through registration. Registration gives the trademark
owner the exclusive right to use the mark and to prevent others from using the same or similar marks on
identical or related goods and services.
The right to a trademark is granted to the one who first files a trademark application with the IP
Philippines. Before applying for trademark registration, it would help if you conduct a search in the
trademarks database to determine if there are identical or similar marks that would prevent the
registration of your mark. This is to prevent future conflicts with marks that are already registered or with
earlier filing dates.
The trademark protection granted by IP Philippines protects your mark only in the Philippines. If you want
your mark protected outside the country, you will need to file applications in the countries where you want
your mark registered.
What may be registered?
Your mark should be able to distinguish your goods or services from those of others. Your mark should also
meet the requirements for registrability of marks under Sec. 123.1 of the Intellectual Property Code.

* Your mark will not be registered if it is:


DESCRIPTIVE
These are marks that describe the characteristics of the goods or services. Examples are DURABLE for
shoes (describes the quality), A LITER for cooking oil (quantity), and so is KITCHEN for cooking utensils
(intended purpose).
MISLEADING
Marks that are likely to deceive or have the tendency to misinform the consumers about the actual
characteristics of the goods or services like BOLPENS for pencils, COLA for alcoholic beverages,
BULAKAN for sweets not originating from or produced in Bulacan.
GENERIC and customary to trade
Generic marks are names of products they seek to identify. For instance, KAP KEYK for cupcakes, CAFFE
for coffee and MAKINAH for machines.
Marks and indications that have become common in everyday language or usage can not be registered.
They no longer distinguish the goods and services because they are used so often to refer to the goods
and services. Example of this is VCO for virgin coconut oil, DIAMOND PEEL for services involving
cosmetic procedure.
Contrary to Public Order or Morality
Marks that are against the common standard of morality. An example is PRO-TERRORISM for clothing.
CONSISTS OF NAMES, PORTRAITS OF PERSONS, MAPS, FLAGS AND OTHER POLITICAL SYMBOLS
Marks that contain names or portraits of living individuals may be rejected unless the individual gives
written consent. For instance, no one can use the picture of Manny Pacquiao as a trademark unless he is
Mr. Pacquiao himself or he was duly authorized by Mr. Pacquiao.
SHAPE AND COLOR
Shapes must be distinctive from the usual shape of goods or containers of the goods, in order to be
considered a trademark. One classic example is the COKE BOTTLE. Color alone is not accepted unless it is
defined by a given form.
MARKS THAT MAY CAUSE CONFUSION
Your mark cannot be registered if it is identical with or similar to a registered mark or a mark with earlier
filing date for goods and services that are exactly the same or for goods and services that are related.
Consumers should not confuse your mark with the marks of others.
Identical with, or confusingly similar to WELL-KNOWN MARKS
Marks that are identical with or similar to marks that are known internationally and in the Philippines will
be refused registration.
What are the requirements to apply for registration?
1. A duly filled out trademark application form [there should be a link here]
2. Drawing of the mark
3. Payment of fees
UTILITY MODELS
A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently
inventive to meet the inventive threshold required for standard patents application. It may be any useful

machine, implement, tools, product, composition, process, improvement or part of the same, That is of
practical utility, novelty and industrial applicability. A utility model is entitled to seven (7) years of
protection from the date of filing, with no possibility of renewal. Normal 0 false false false EN-US X-NONE XNONE MicrosoftInternetExplorer4
Utility model registration is intended to accommodate local industries, small businesses or entities by
providing an industrial property right that is relatively inexpensive, quick, easy to obtain and suited to
innovations having short commercial life. Utility model registration is a useful tool in supporting the first to
market place advantage. It promotes progress of technology and encourages innovation among small to
medium businesses and the local industry.
It is inexpensive and easy to obtain, however it can't be enforced until after examination has been carried
out and the registration is certified. A utility model is examined to determine if it meets the requirements
embodied in the existing Utility Model law and its Implementing Rules and Regulations (IRR). It need not
undergo substantive examination before it is certified.
You can apply for Utility Model registration directly with the IP Philippines. An application for registration
should contain a duly accomplished request for registration as prescribed by the Bureau, specification or
description containing the following: (a). title; (b) technical field; (c). background of the Utility Model; (d)
brief description of the several views of the drawings, if any; (e) detailed description; (f) claim or claims;
(g) drawings, if any; and (h) abstract of the disclosure.
INDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of threedimensional features, such as the shape or surface of an article, or of two-dimensional features, such as
patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and
handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from
house wares and electrical appliances to vehicles ; from textile designs to leisure goods. To be protected
under most national laws, an industrial design must be non-functional. This means that an industrial design
is primarily of an aesthetic nature and any technical features of the article to which it is applied are not
protected.
When an industrial design is protected, the owner the person or entity that has registered the design is
assured an exclusive right against unauthorized copying or imitation of the design by third parties. This
helps to ensure a fair return on investment. An effective system of protection also benefits consumers and
the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and
promoting more aesthetically attractive products.
Protecting industrial designs helps economic development, by encouraging creativity in the industrial and
manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of
commercial activities and the export of national products. Industrial designs can be relatively simple and
inexpensive to develop and protect. They are reasonably accessible to small and medium-sized enterprises
as well as to individual artists and craftsmen, in both industrialized and developing countries.