Cracking the Code:

Understanding Intellectual
Property in the Philippines
History of
INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES

Republic Act No. 8293 , known as the INTELLECTUAL

PROPERTY CODE, was signed into law.
Protect the Product of Your Mind
Intellectual Property Code of the
Philippines
REPUBLIC ACT NO. 8293
Intellectual Property
INTANGIBLE ASSETS RESULTING FROM THE
CREATIVE WORK OF AN INDIVIDUAL OR
ORGANIZATION.

▪ CREATIONS OF THE MIND, SUCH AS:

▪ INVENTIONS;
▪ LITERARY AND ARTISTIC WORKS;
▪ SYMBOLS, NAMES, IMAGES AND DESIGNS
USED IN COMMERCE.

THE LEGAL RIGHTS WHICH RESULT FROM

INTELLECT WIDE ACTIVITIES IN THE INDUSTRIAL,
OR SCIENTIFIC, LITERARY AND ARTISTIC FIELDS.
Introduction to
Intellectual Property
Code of the
Philippines
Signed on June 6, 1997 under the
presidency of Fidel V. Ramos.

It is act to protect and promote the

diffusion of knowledge and
information for the promotion of
national development and progress
and the common good.
 CONSTITUTIONAL BASIS
ARTICLE 14, SECTION 13, 1987 CONSTITUTION

The state recognizes that an effective

intellectual and industrial property
system is a vital to the development of
domestic and creative activity,
facilitates transfer of technology,
attracts foreign investments, and
ensures market access for our
products. The state shall protect and
secure the exclusive rights of
scientists, inventors, artists, and other
gifted citizens to their intellectual
property and creations, particularly
when beneficial to the people, for such
periods as may be provided by law.
 Unlocking the Secrets of
Intellectual Property in the
Philippines
Introduction to the Intellectual
Property Office of the Philippines

The Intellectual Property Office of the

Philippines (IPOPHL) is a government
agency responsible for the administration
and implementation of intellectual
property laws in the country. It was
established in 1998 under Republic Act No.
8293 or the Intellectual Property Code of
the Philippines.

The IPOPHL is tasked with promoting the

protection and enforcement of intellectual
property rights (IPR) in the Philippines.
This includes patents, trademarks,
copyrights, industrial designs, and other
related rights.
Patent Wars: Unleashing the Power
of Intellectual Property
PATENT NAME: “TABOR BROWDER AUTOMATIC BED MAKER”
Introduction to Patents
Patents are legal documents that
grant inventors exclusive rights
to their inventions for a certain
period of time. These rights allow
the inventor to prevent others
from making, using, or selling
their invention without
permission.

Patents are important because

they encourage innovation and
creativity by providing inventors
with financial incentives and
protection. They also promote the
sharing of knowledge and ideas,
as inventors must disclose their
invention in detail in order to
obtain a patent.
BASIC PATENT PRINCIPLE
1. Territoriality – patents are
only valid in the country or
region in which they have
been granted.
2. First-to-file – applicants who
files first will get the patent.
3. Disclosure – applicants shall
disclose the invention in a
manner sufficiently clear and
complete.
Quid pro quo principle – protection
in exchange for disclosure
4. Conditional – patents are
granted only upon compliance
with the criteria of
patentability.
5. Limited rights
Patentable Inventions
Any technical solution of
a problem in any field of
human activity is new
involves an inventive step
and is industrially
applicable. It may be, or
may relate to, a product,
or process, or an
improvement of any of
the foregoing.(Sec. 21,
IPC).
Patentable Inventions
Not all inventions are eligible for
patents. In general, patents are
granted for tangible, useful
inventions that are not obvious
to someone skilled in the field.
This includes machines,
processes, and compositions of
matter.

However, there are some

exceptions. Laws of nature,
natural phenomena, and
abstract ideas cannot be
patented. Additionally, inventions
that are harmful to public health
or violate public morality are not
eligible for patents.
Patentability Unlocked: The Key
Criteria You Need to Know
Introduction to Patentability
Criteria
Patentability is the measure of
whether an invention or discovery
meets the requirements for
obtaining a patent. The criteria for
patentability vary from country to
country, but they generally include
novelty, non-obviousness, and
usefulness.

In order to be granted a patent, an

invention must meet all three of
these criteria. This presentation will
explore each of these criteria in
detail and provide examples of how
they are applied in practice.
Novelty as a Criterion for
Patentability
Novelty is the first criterion for
patentability. An invention is
considered novel if it has not been
disclosed to the public before the
filing date of the patent application.
This means that the invention cannot
have been described in a publication,
publicly used, sold, or otherwise
made available to the public prior to
the filing date.

In addition, the invention must be

new in the sense that it is not
obvious to a person having ordinary
skill in the relevant field. This means
that the invention must not be an
obvious variation of something that
already exists.
 Prior Art
Prior art refers to any evidence that
proves an invention or idea is not
new. It includes all the publicly
available information, such as
patents, scientific journals, books,
and other publications that existed
before the filing of a patent
application.

The existence of prior art can be

used to challenge the validity of a
patent application. If the prior art
shows that the invention was
already known or obvious, then the
patent application may be rejected.
Non-Obviousness as a Criterion
for Patentability
Non-obviousness is the second criterion
for patentability. An invention is considered
non-obvious if it is not something that
would have been obvious to a person
having ordinary skill in the relevant field at
the time the invention was made. This
means that the invention must involve
some degree of innovation or creativity.

The non-obviousness requirement is

intended to prevent people from obtaining
patents for inventions that are merely
obvious modifications of existing ideas. It is
also designed to encourage inventors to
seek out truly innovative solutions to
problems.
 Person Skilled in the Art
This person having ordinary skills in
the art is presumed to be an ordinary
practitioner aware of what is
common general knowledge in the
art at the relevant date.
Usefulness as a Criterion for
Patentability

Usefulness is the third criterion for

patentability. An invention is considered
useful if it has some practical application
or can be used to solve a problem. This
means that the invention must have some
real-world value and cannot be purely
theoretical or abstract.

The usefulness requirement is intended to

ensure that patents are only granted for
inventions that have some practical
benefit to society. It also helps to prevent
people from obtaining patents for
frivolous or useless inventions.
 Who may apply for a Patent?

Any person, nature or juridical, may apply

for a patent. If the applicant is not the
inventor, the Office shall require him to
submit a proof of his authority to apply for
the patent.
NON-PATENTABLE INVENTION
1. PLANT VARIETIES OR ANIMAL BREEDS OR ESSENTIALLY BIOLOGICAL PROCESS FOR THE
PRODUCTION OF PLANTS OR ANIMALS. THE PROVISION SHALL NOT APPLY TO MICRO-ORGANISMS
AND NON-BIOLOGICAL AND MICROBIOLOGICAL PROCESSES;
2. AESTHETIC CREATIONS;
3. DISCOVERIES, SCIENTIFIC THEORIES AND MATHEMATICAL METHODS;
4. SCHEMES, RULES AND METHODS OF PERFORMING ACTS, PLAYING GAMES OR DOING BUSINESS,
AND PROGRAMS FOR COMPUTERS;
5. ANYTHING WHICH IS CONTRARY TO PUBLIC ORDER OR MORALITY (IPC AS AMENDED BY R.A.
9502, SEC. 22);
6. METHODS FOR TREATMENT OF THE HUMAN OR ANIMAL BODY; AND
7. IN THE CASE OF DRUGS AND MEDICINES, MERE DISCOVERY OF A NEW FORM OR NEW
PROPERTY OF A KNOW SUBSTANCE WHICH DOES NOT RESULT IN THE ENHANCEMENT OF THE
EFFICACY OF THAT SUBSTANCE.
Patenting the Cure: Examining the
Legality of COVID-19 Vaccines
 Introduction

The COVID-19 pandemic has

affected the world in unprecedented
ways, with millions of people
infected and hundreds of thousands
dead. The development of vaccines
has been a major focus in the fight
against the virus.

However, there have been debates

on whether COVID-19 vaccine
patents should be allowed or not.
This presentation aims to explore
this topic and provide insights into
the legal and ethical implications of
patenting COVID-19 vaccines.
 Ownership of Patents in
Philippines
The ownership of patents in the
Philippines is governed by the
Intellectual Property Code. According
to the code, a patent may be owned by
the inventor or their heirs, or by an
assignee who has acquired the patent
through a legal transfer.

In order to obtain a patent in the

Philippines, one must file a patent
application with the Intellectual
Property Office. The applicant must
provide a detailed description of the
invention and demonstrate that it
meets the requirements for
patentability, such as novelty, non-
obviousness, and industrial
applicability.
 May Patent Rights be
Assigned or Transferred?
Patent rights are considered to be a
valuable asset. Therefore, it is possible
to assign or transfer them to another
person or entity. However, the
assignment or transfer of patent rights
must be done in accordance with the
applicable laws and regulations.

In general, the assignment or transfer

of patent rights involves the transfer
of ownership from one party to
another. This can be accomplished
through a written agreement that
specifies the terms and conditions of
the transfer, including the scope of the
rights being transferred, the duration
of the transfer, and any limitations or
restrictions on the use of the rights.
Patent
registration
THE PROCEDURE FOR THE GRANT OF PATENT MAY BE SUMMARIZED AS
FOLLOWS:

1.Filing of the application

2.Accordance of the filing date
3.Formality examination
4.Classification and Search
5.Publication of application
6.Substantive examination
7.Grant of patent
8.Publication upon grant
9.Issuance of certificate
Patent
application

Section 32. The Application. – 32.1. The patent

application shall be in Filipino or English and shall
contain the following:

a) A request for the grant of patent

b) A description of the invention

c) Drawings necessary for the

understanding of the invention

d) One or more claims; and

a) An abstract
Rights conferred by patent

1. In case of Product – Right to restrain, prohibit, and prevent any

unauthorized person or entity from making, using, offering for sale, selling
or importing (MUOSI) the product.

2. In case of process - Right to restrain, prohibit and prevent any

unauthorized person or entity from manufacturing, dealing in, using,
offering for sale, selling or importing any product obtained directly or
indirectly from such process. (IPC, SEC. 71)

3. Rights to assign the patent, to transfer by succession, and to conclude

licensing contracts. (IPC, SEC. 71.2)

The rights conferred by a patent application take effect after publication in the
official GAZETTE. (IPC, SEC. 46)
Grounds for Cancellation of Patent

Any interested party may petition to cancel any

patent or any claim or parts of a claim any of the
following grounds:

1. The invention is not new or patentable;

2. The patent does not disclose the invention in

a manner sufficiently clear and complete for
it to be carried out by any person skilled in
the art; or

3. Contrary to public order or morality(IPC, sec.

61.1);

4. Patent is found invalid in an action for

infringement (IPC, sec.82); and

5. The patent includes matters outside the

scope of the disclosure contained in the
application (IPC, sec. 21, regulations on inter
partes proceeding, sec.1)
PATENT
INFRINGEMENT

• THE MAKING, USING, OFFERING

FOR SALE, SELLING, OR
IMPORTING A PATENTED
PRODUCT OR A PRODUCT
OBTAINED DIRECTLY OR
INDIRECTLY FROM A PATENTED
PROCESS, OR THE USE OF A
PATENT PROCESS WITHOUT THE
AUTHORIZATION OF THE
PATENTEE.(SEC. 76)
REMEDIES OF THE OWNERS OF THE PATENTS
AGAINST INFRINGERS

➢Civil action for infringement

➢Criminal action for infringement - if the infringement is repeated;

the criminal action prescribes in three (3) years from the
Commission of the crime

➢Administrative remedy - where the amount of damages claimed

is not less than ₱200,000.00

➢Destruction of infringing material-upon court order

Trademark Tales: An Unambiguous
Journey
Introduction to
Trademarks
TRADEMARKS ARE BRAND NAMES WHICH ARE
LABELED TO PRODUCTS AND SERVICES THE
MARK IS DISTINGUISHED SIGN LIKE A WORD,
PHRASE, SYMBOL, OR A COMBINATION OF
THESE ELEMENTS. A MARK IS USED IN
BUSINESS TO INDICATE THE SOURCE OF THE
BRAND IN ORDER TO DISTINGUISH AND
IDENTIFY IT IN THE MARKET. TRADEMARK
PROTECTS THE CUSTOMERS BY PREVENTING
THE PUBLIC CONFUSION AS TO ORIGIN OR
QUALITY OF THE PRODUCT

MARK MEANS ANY VISIBLE SIGN CAPABALE

OF DISTINGUISHING THE GOODS (TRADEMARK)
OR SERVICES (SERVICE MARK) OF AN
INTERPRISE AND SHALL INCLUDE A STAMPED
OR MARKED CONTAINER OF GOODS.
REQUIREMENTS FOR A MARK
TO BE REGISTERED

A VISIBLE SIGN AND

CAPABLE OF DISTINGUISHING ONE’S GOODS

AND SERVICES FROM ANOTHER.
Trademark Types: Protecting Your
Brand in a Crowded Market
Introduction to
Trademark Type
Trademarks are an essential component of
any business or organization as they
distinguish their products and services from
those of others. A trademark is a symbol,
word, or phrase that represents a brand and
its reputation in the market. In this
presentation, we will explore the different
types of trademarks and their significance in
the world of business.

There are several types of trademarks,

including word marks, design marks, sound
marks, and trade dress. Each type has its
unique characteristics and serves a specific
purpose. Understanding these types of
trademarks can help businesses develop a
strong brand identity and protect their
intellectual property rights.
The Power of Visual
Identity
▪ VISIBLE SIGN

WORDS
LETTERS
NUMERALS
FIGURES/PICTURES
SHAPES
COLORS
LOGOS
THREE DIMENSIONAL
OBJECTS
COMBINATION

▪ NOT VISIBLE

SCENTS
SOUNDS
Trademark Distinctiveness: A
Spectrum of Protection
Introduction to Spectrum
of Distinctiveness
Trademark
Spectrum of distinctiveness trademark refers
to the categorization of trademarks based on
their level of uniqueness and recognition. The
spectrum ranges from generic marks, which
are common words or phrases that cannot be
trademarked, to arbitrary or fanciful marks,
which are made-up words or symbols that
have no relation to the product or service they
represent.

Understanding the spectrum of distinctiveness

is important for businesses and individuals
seeking to protect their intellectual property.
Trademarks that fall on the higher end of the
spectrum, such as arbitrary or fanciful marks,
are more likely to be granted trademark
protection and are easier to enforce against
infringers.
Generic Marks
Generic marks are common words or
phrases that describe the product or
service they represent. These marks
cannot be trademarked because they
do not distinguish one brand from
another. For example, the term 'apple'
cannot be trademarked for a company
that sells apples.

Using a generic mark can actually harm

a business because it dilutes the brand
and makes it difficult for consumers to
identify the source of the product or
service. It is important to choose a
distinctive mark that sets the brand
apart from competitors.
Descriptive Marks

Descriptive marks are terms or

phrases that describe the product or
service they represent. While these
marks are not as generic as common
words, they still lack distinctiveness
and cannot be easily protected as
trademarks. Examples of descriptive
marks include 'soft', 'crunchy', and 'fast’.

To qualify for trademark protection, a

descriptive mark must acquire
secondary meaning, which means that
consumers associate the mark with a
specific brand rather than just the
product or service itself. This can be
achieved through extensive marketing
and advertising efforts over time.
Suggestive Marks
Suggestive marks are terms or
phrases that suggest something about
the product or service they represent
without directly describing it. These
marks require some imagination or
thought to understand the connection
between the mark and the product or
service. Examples of suggestive marks
include 'Netflix' and 'PlayStation’.

Suggestive marks are considered

stronger than descriptive marks
because they require a level of
creativity and imagination to develop.
However, they still may not be as
strong as arbitrary or fanciful marks,
which are more unique and distinctive.
Arbitrary Marks
Arbitrary marks are made-up words or
symbols that have no relation to the
product or service they represent.
These marks are highly distinctive and
can be easily protected as trademarks.
Examples of arbitrary marks include
'Apple' for computers and 'Nike' for
athletic apparel.

Arbitrary marks are considered the

strongest type of trademarks because
they are completely unique and have no
connection to the product or service
they represent. They are also easier to
enforce against infringers because
there is little room for confusion or
misunderstanding.
Fanciful Marks
Fanciful marks are also made-up
words or symbols that have no
meaning outside of the product or
service they represent. These marks
are the most distinctive and easiest to
protect as trademarks. Examples of
fanciful marks include 'Xerox' for
copiers and 'Kodak' for cameras.

Fanciful marks are considered the

strongest type of trademarks because
they are completely unique and have no
connection to any existing words or
symbols. They are also easier to
enforce against infringers because
there is no possibility of confusion or
misunderstanding.
Marks which may be
registered

Any word, name, symbol, emblem, device,

figure, sign, phrase, or any combination
thereof except those enumerated under
Section 123,IPC.
 Trade name vs. Trademark

▪ Identifies or distinguishes the ▪ Identifies or distinguishes the

business or enterprise goods or services
▪ Registration is not required ▪ Registration is required
Collective mark
A mark or trade-
name used by the
members of a
cooperative, an
association or other
collective group.
 RIGHTS OVER A TRADEMARK CONFERRED

❖ The rights in a mark shall be acquired through

registration with the IPO, (IPC, Sec. 122) The
filing date of application is the operative act to
acquire trademark rights.

❖ Prior use is no longer a condition precedent for

registration of trademark, service mark or
trade name.
 ACQUISITION OF OWNERSHIP OF MARK

➢ The rights in a mark shall be acquired through

registration but the right to register a
trademark should be based on ownership.

❖ An exclusive distributor does not acquire any

proprietary interest in the principal's
trademark and cannot register it in his own
name unless it is has been validly assigned to
him
DURATION OR EFFECTIVITY OF TRADEMARK
REGISTRATION

▪ 10 years, subject to indefinite renewals of 10 years each

▪ The registrant is required to file a declaration of actual

use and evidence to that effect, or show valid reasons
based on the existence of obstacles to such use, within
one (1) year from the fifth anniversary of the date of the
registration of the mark. Otherwise, the mark shall be
removed from the Register by the IPO. (IPC, Secs. 145
and 146)
NON-REGISTRABLE MARKS

❑ IMMORAL, DECEPTIVE, OR SCANDALOUS MATTERS

❑ MATTER WHICH MAY DISPARAGE OR FALSELY SUGGEST A CONNECTION WITH
PERSONS,ETC.
❑ CONTRARY TO PUBLIC ORDER OR MORALITY
❑ FLAGS/COAT OF ARMS OF NATIONS
❑ NAME, POTRAITS OR SIGNATURE OF LIVING PERSON
EXCEPTION: WITH CONSENT

❑ NAMES, PORTRAITS OR SIGNATURE OF A DECEASED PRESIDENT OF THE

PHILIPPINES
EXCEPTION: WITH WRITTEN CONSENT OF HIS/HER LIVING WIDOW.

❑ FIRST-TO-FILE RULE
NON-REGISTRABLE MARKS: WELL- KNOWN MARKS

▪ Identical with an internationally well-known mark,

whether or not it is registered here, used for
identical or similar goods or services;

▪ Identical with an internationally well-known mark

which is registered in the Philippines with respect to
non-similar goods or services. Provided, that the
interests of the owner of the registered mark are
likely to be damaged by such use;
 RIGHTS OF A TRADEMARK OWNER

▪ Right to exclusive use of the mark in connection

with one's own goods or services resulting in
likelihood of confusion

▪ Right to prevent others from use of an identical

mark for the same, similar or related goods or
services. (Sec.147)

▪ Exception: Well-known marks, bad faith

 TRADEMARK INFRINGEMENT
USE WITHOUT CONSENT OF THE

TRADEMARK
TRADEMARK OWNER OF ANY
REPRODUCTION, COUNTERFEIT, COPY OR
COLORABLE LIMITATION OF ANY
REGISTERED MARK OR TRADE NAME. SUCH
USE IS LIKELY TO CAUSE CONFUSION OR
MISTAKE OR TO DECEIVE PURCHASERS OR
OTHERS AS TO THE SOURCE OR ORIGIN OF
SUCH GOODS OR SERVICES, OR IDENTITY OF
SUCH BUSINESS.
TRADEMARK
INFRINGEMENT

Elements:
1. Ownership of a trademark through registration

2. That the trademark is reproduced, counterfeited, copied, or

colorable imitated by another

3. No consent by the trademark owner or assignee

4. Use in connection with the sale, offering for sale, or advertising of

any such goods, business or services or those related there to

5. Likelihood of Confusion
 IDEM SONANS RULE
AURAL EFFECTS OF THE WORDS AND LETTERS CONTAINED IN

TRADEMARK
THE MARKS ARE ALSO CONSIDERED IN DETERMINING THE
ISSUE OF CONFUSING SIMILARITY (LIKELIHOOD CONFUSION).

EXAMPLES:

❖ “PYCOGENOL” VS. “PCO-GENOL” (PROSOURCE VS.

HORPBAG)

❖ “DERMALINE” VS. “DERMALIN” (DERMALINE INC.

VS. MYRA PHARMACEUTICALS)

❖ “NANNY” VS. “NAN” (NESTLE S.A VS. DY JR.)

COLORABLE IMITATION

SUCH A CLOSE OR INGENIOUS IMITATION AS

TO BE CALCULATED TO DECEIVE ORDINARY
PURCHASERS, OR SUCH RESEMBLANCE OF
THE INFRINGING MARK TO THE ORIGINAL AS
TO DECEIVE AN ORDINARY PURCHASER GIVING
SUCH ATTENTION AS A PURCHASER USUALLY
GIVES, AND TO CAUSE HIM TO PURCHASE THE
ONE SUPPOSING IT TO BE THE OTHER
COLORABLE IMITATION COUNTERFEIT
Likelihood of confusion
• CONFUSION OF GOODS - AS TO THE GOODS THEMSELVES.

• CONFUSION OF BUSINESS - AS TO THE SOURCE OR ORIGIN

OF SUCH GOODS .

WHEREIN THE GOODS OF THE PARTIES ARE DIFFERENT BUT

THE DEFENDANT'S PRODUCT CAN REASONABLY BE
ASSUMED TO ORIGINATE FROM THE PLAINTIFF THEREBY
DECEIVING THE PUBLIC INTO BELIEVING THAT THERE IS
SOME CONNECTION BETWEEN.
 C R I M I N A L L I A B I LI T I E S F O R T R A D E MA R K I N F R I N G EM E N T

A PERSON FOUND GUILTY IN A

CRIMINAL CASE FOR
TRADEMARK INFRINGEMENT,
UNFAIR COMPETITION, AND/OR
FALSE DESIGNATION WILL BE
IMPRISONED FOR A TERM OF
TWO (2) TO FIVE (5) YEARS, AND
WILL BE ORDERED TO PAY A
FINE RANGING FROM PHP 50,000
TO PHP 200,000.
All Rights Reserved: Navigating
the Complex World of Copyright
Understanding Copyright
Law
Copyright law is a legal concept that
gives the creators of original works
exclusive rights to use and distribute
their creations. This includes literary,
artistic, musical, and other types of
creative works.

The purpose of copyright law is to

protect the rights of creators and
encourage them to continue producing
new works. It also helps to prevent
others from stealing or profiting from
someone else's creative work without
permission.
Understanding Copyright
Law
A right over literary and artistic works
which are original intellectual creations
in the literary and artistic domain
protected from the moment of creation.
What is Protected by
Copyright?

In general, any original work that is

fixed in a tangible form is protected
by copyright. This includes books,
articles, photographs, paintings,
sculptures, music, films, and
software.

However, it is important to note

that ideas, facts, and concepts
cannot be copyrighted. Only the
expression of those ideas can be
protected.
What is Protected by
Copyright?
1. Literary & Artistic works
a. Books, pamphlets, articles, and other
writings
b. Lectures, sermons, addresses,
dissertations prepared for oral delivery,
whether or not reduced in writing or
other material form
c. Letters(shall belong to the writer)
d. Dramatic, choreographic, works
e. Musical compositions
f. Work of art
g. Periodicals and newspaper
h. Works relative to geography,
topography, architecture or science
i. Works of applied arts
j. Works of a scientific or technical
character
k. Photographic works
What is Protected by
Copyright?
1. Literary & Artistic works

l. Audiovisual works and

cinematography works
m. Pictorial illustrations and
advertisements
n. Computer programs; and
o. Other literary, scholarly,
scientific, and artistic works(IPC,
sec. 172.1)
What is Protected by
Copyright?
2. Derivative works

▪ Dramatizations, translations,
adaptations, abridgements,
arrangements, and other
alterations of literary and
artistic works
▪ Collections of literary,
scholarly, or artistic works and
compilations of data and other
materials which are original by
reason of the selection or
coordination or arrangement
of their contents. (IPC, sec.
173).
Non-Copyrightable Works

Non-copyrightable works refer to

creative works that are not eligible
for copyright protection. These
include ideas, facts, processes,
procedures, and systems. This
means that anyone can use or
reproduce these works without the
permission of the original creator.

However, it is important to note

that even though these works are
not protected by copyright, they
may still be subject to other forms
of legal protection such as patents,
trademarks, or trade secrets.
Non-Copyrightable Works

• Idea, procedure, system, method

or operation, concept, principal,
discovery or mere data as such
• News of the day and other items
of press information
• Any official texts of legislative,
administrative, or legal nature as
well, as any official translation
thereof
• Pleadings
• System of bookkeeping
• Any work of the government of the
Philippines
Non-Copyrightable Works

• Statutes
• Decision of courts and tribunal
• Tv programs, format of tv
programs
 The Copyright Conundrum:
Balancing Economic and Moral
Rights
Economic Rights

The economic rights of a copyright

owner include the right to
reproduce, distribute, and sell their
work. These rights ensure that the
creator can profit from their
creation and control how it is used.

Without these rights, anyone could

copy and distribute the work
without permission, leading to lost
revenue for the creator and
potentially devaluing the work
itself.
Moral Rights
Moral rights are a set of rights that
protect the integrity of the work and the
reputation of the creator. These rights
include the right to attribution (being
credited as the creator), the right to
integrity (preventing the work from
being altered or distorted), and the
right to withdraw the work from
circulation if it is deemed harmful or
offensive.

These rights are important because

they allow the creator to maintain
control over their work and ensure that
it is presented in a way that aligns with
their values and beliefs.
The Battle for Time: The Struggle
between Economic and Moral
Rights
Duration of Economic
Rights
Economic rights refer to the financial
control that an author or creator has
over their work.

Generally, copyright protection lasts

during the life of the author and for fifty
(50) years after his death (Sec 213.1, IP
Code).

In case of works of joint authorship, the

economic rights shall be protected
during the life of the last surviving
author and for fifty (50) years after his
death (Sec 213.2 IP Code)
Duration of Moral Rights
Copyright

The length of time that moral rights

copyright lasts can have a significant
impact on how artists and creators
protect their work. While perpetual
moral rights offer the strongest
protection, they also limit the ability of
subsequent owners to modify or adapt
the work.

Limited duration moral rights allow for

more flexibility in how the work is used,
but may not provide as much protection
against unauthorized modifications.
Copyright: The Endgame
Expiration of Copyright

Copyright protection varies

depending on the type of work,
but generally lasts for the
lifetime of the creator plus a
certain number of years after
their death.

Once the copyright has expired,

the work enters the public
domain and can be used by
anyone without permission or
payment.
Copyright Infringement

Copyright infringement occurs

when someone uses or
distributes a copyrighted work
without permission from the
owner.

This can include copying,

distributing, performing, or
displaying the work, and can
result in legal action and
penalties.
Fair Use

Fair use is a legal doctrine that allows

limited use of copyrighted material
without permission from the owner, for
purposes such as criticism,
commentary, news reporting, teaching,
scholarship, or research.

Determining whether a particular use of

a copyrighted work qualifies as fair use
depends on several factors, including
the purpose and character of the use,
the nature of the copyrighted work, the
amount and substantiality of the portion
used, and the effect on the potential
market for the work.
CRIMINAL
LIABILIT IES FOR
COPYRIGHT
INFRINGEMEN T
• UNDER PHILIPPINE LAW,
COPYRIGHT INFRINGEMENT IS
PUNISHABLE BY THE
FOLLOWING: IMPRISONMENT
OF BETWEEN 1 TO 3 YEARS
AND A FINE OF BETWEEN
50,000 TO 150,000 PESOS
FOR THE FIRST OFFENSE.
IMPRISONMENT OF 3 YEARS
AND 1 DAY TO SIX YEARS
PLUS A FINE OF BETWEEN
150,000 TO 500,000 PESOS
FOR THE SECOND OFFENSE.
 DIFFERENCES BETWEEN COPYRIGHT, TRADEMARK AND PATENTS
BASIS PATENT TRADEMARK COPYRIGHT
INTELLECTUAL RIGHTS TECHNICAL SOLUTION ANY VISIBLE SIGN LITERARY AND
OF A PROBLEM AND CAPABLE OF ARTISTIC WORKS.
ANY FIELD OF DISTINGUISHING THE
HUMAN ACTIVITY GOODS
WHICH IS NEW (TRADEMARK) OR
(NOVEL INVENTION) SERVICES (SERVICE
AND INDUSTRIALLY MARK) OF AN
APPLICABLE INTERPRISE MUST BE
REGISTERED.
TERM OF PROTECTION 20 YEARS FROM 10 YEARS AND IT DEPENDS ON THE
FILING DATE OF RENEWABLE UPON TYPE OF WORK.
APPLICATION EXPIRATION (GENERALLY 50 YEARS)
OFFICE WHERE BUREAU OF PATENTS, BUREAU OF NOT REQUIRED ;
REGISTERED INTELLECTUAL TRADEMARKS, OPTIONAL AT THE
PROPERTY OFFICE INTELLECTUAL NATIONAL LIBRARY
PROPERTY OFFICE OR IPO