Intellectual Property refers to creations of the human mind.

 ECONOMIC RIGTHS- right owners to derive financial reward from the use of
their works by others.
Copyright legislation on the other hand is part of the wider body of law known as intellectual  MORAL RIGHTS- allow authors and creators to take certain actions to preserve
property. and protect their link with their work

The Convention Establishing the World Intellectual Property Organization (1967) does not Examples of Economic rights:
seek to define Intellectual property but lists the following protected by IP Rigths:
Right owners can authorize or prohibit:
Literary, artistic and scientific works;
• Performances of performing artists, phonograms and broadcasts;  reproduction of the work in various forms, such as printed publications or sound
• Inventions in all fields of human endeavor;
recordings;
• Scientific discoveries;
• Industrial designs;  distribution of copies of the work;
• Trademarks, service marks, and commercial names and designations;  public performance of the work;
• Protection against unfair competition; and  broadcasting or other communication of the work to the public;
• “all other rights resulting from intellectual activity in the industrial, scientific, literary or  translation of the work into other languages; and
artistic fields”.
 Adaptation of the work, such as turning a novel into a screenplay.

Countries generally have laws to protect IP for two main reasons:

Moral rights are only accorded to individual authors and in many national laws they remain
 to give statutory expression to the rights of creators and innovators in their creations with the authors even after the authors have transferred their economic rights. This means that
and innovations, balanced against the public interest in accessing creations and innovations; even where, for example, a film producer or publisher owns the economic rights in a work, in
many jurisdictions the individual author continues to have moral rights.
 to promote creativity and innovation, so contributing to economic and social
development. (i) the right to claim authorship of a work (sometimes called the right of paternity
or the right of attribution); and
TWO BRANCHES OF IP (ii) the right to object to any distortion or modification of a work, or other
derogatory action in relation to a work, which would be prejudicial to the
 INDUSTRIAL PROPERTY- including patents for inventions, industrial author’s honor or reputation (sometimes called the right of integrity).
designs (aesthetic creations related to the appearance of industrial
products), trademarks, service marks, layout-designs of integrated circuits, Limitations and Exceptions to Rights:
commercial names and designations, geographical indications and
protection against unfair competition. Inventions may be defined in a 1. Certain categories of works are excluded from copyright protection. In some
non-legal sense as new solutions to technical problems. countries, works are excluded from protection if they are not fixed in a tangible
 COPYRIGHT- relates to literary and artistic creations, such as books, form.
music, paintings and sculptures, films and technology-based works 2. Certain particular acts of exploitation that usually require the right owner’s
permission may, under circumstances specified in the law, be carried out without the
Unlike protection for inventions, copyright law and the associated concept of related or owner’s permission.
neighboring rights (discussed below) protects only the form of expression of ideas, not the  free use, which carries no obligation to compensate the right owner for the
ideas themselves. use of the work without permission;
EXAMPLE:
The ideas in the work do not need to be original, but the form of expression must be an o quoting from a protected work, provided that the source of the
original creation by the author. quotation and the name of the author are mentioned, and that the
extent of the quotation is compatible with fair practice;
RIGHTS PROTECTED BY COPYRIGHT o use of works by way of illustration for teaching purposes;
o use of works for the purpose of news reporting
Law on Intellectual Property VASQUEZ REVIEWER pg. 1
  Non-voluntary (or compulsory) licenses, which require that compensation
be paid to the right owner for non-authorized exploitation. Art. 721. By intellectual creation, the following persons acquire ownership:

Allow the use of works in certain circumstances without the right owner’s permission, (1) The author with regard to his literary, dramatic, historical, legal, philosophical,
but require that compensation be paid for that use scientific or other work;

The duration of copyright begins from the moment the work is created or, (2) The composer; as to his musical composition;
under some national laws, when it is “fixed” in tangible form. Copyright protection
continues, in general, until a certain time after the death of the author. (3) The painter, sculptor, or other artist, with respect to the product of his art;

Works that are no longer subject to copyright protection enter the public domain. (4) The scientist or technologist or any other person with regard to his discovery or
invention. (n)
Certain national laws also provide that where a work is created by an author
employed for the purpose of creating that work, the employer, not the author, is the owner of Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding
the copyright in that work. As noted above, however, in general moral rights belong to the article, shall have the ownership of their creations even before the publication of the same.
individual author of a work regardless of who owns the economic rights. Once their works are published, their rights are governed by the Copyright laws.

 Authors may transfer the economic rights in their works to individuals or The painter, sculptor or other artist shall have dominion over the product of his art
companies best able to market them, in return for payment. even before it is copyrighted.

Enforcement of rights: The scientist or technologist has the ownership of his discovery or invention even
before it is patented. (n)
 Provisional measure - orders of the court issued in civil proceedings prior
to the final determination of the parties’ rights. Art. 723. Letters and other private communications in writing are owned by the
 Final remedies in civil proceedings seek to restore the injured right holder person to whom they are addressed and delivered, but they cannot be published or
to his or her former position and prevent any recurrence of the infringing disseminated without the consent of the writer or his heirs. However, the court may authorize
activities. their publication or dissemination if the public good or the interest of justice so requires. (n)
 Criminal sanctions are intended to punish those who carry out
Art. 724. Special laws govern copyright and patent
infringements of particular gravity, such as willful acts of piracy
committed on a commercial scale, and so to deter further infringement.
 Border measures are different from the enforcement measures described
so far in that they involve action by customs authorities UNDERSTANDING INDUSTRIAL PROPERTY

Industrial property legislation is part of the wider body of law known as intellectual
property (IP) which refers broadly to the creations of the human mind.
The Role of WIPO
“Industrial property shall be understood in the broadest sense and shall apply
-WIPO is an international organization dedicated to promoting creativity and not only to industry and commerce proper, but likewise to agricultural and extractive
innovation by ensuring that the rights of creators and owners of IP are protected worldwide, industries and to all manufactured or natural products, for example, wines, grain,
and that inventors and authors are recognized and rewarded for their ingenuity tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.”

Most laws dealing with the protection of inventions do not actually define what an invention
is. A number of countries, however, define inventions as new solutions to technical problems.
Title II. - INTELLECTUAL CREATION The problem may be old or new, but the solution, in order to be considered an invention, must
be a new one.

Law on Intellectual Property VASQUEZ REVIEWER pg. 2

HOW PATENTS WORK  In a legal sense, an industrial design refers to the right granted in many countries,
pursuant to a registration system, to protect the original, ornamental and nonfunctional
 Once a patent is granted by a state or by a regional office acting for several states, features of a product resulting from design activity.
the owner of a patent has the right to prevent anyone else from commercially
exploiting the invention for a limited period, generally 20 years. The patent  Aesthetic appeal is one of the main factors influencing consumers in their product
applicant must disclose the invention in order to obtain protection, and their rights choice. Where the technical performance of a product offered by different
can be enforced only within the territory in which the patent was granted. manufacturers is relatively similar, consumers will make their selection based on
price and aesthetic appeal.
Not all inventions are patentable.
 The term for an industrial design right varies from country to country. The usual
maximum term is from 10 to 25 years, often divided into terms requiring the pro-
 Patent laws generally require that an invention fulfill the following conditions, prietor to renew the registration in order to obtain an extension of protection.
known as the requirements or conditions of patentability:

o Patentable subject matter. The invention must fall within the scope of pat- Integrated Circuits
entable subject matter as defined by national law.  The layout-designs of integrated circuits are creations of the human mind.

o Industrial applicability (utility). The invention must be of practical use, or  Layout-designs of integrated circuits are not considered industrial designs in the
capable of some sense described in the laws providing for the registration of industrial designs. This
o Novelty. The invention must show some new characteristic that is not is because they do not determine the external appearance of integrated circuits but
known in the body of existing knowledge (referred to as prior art) in its rather the physical location, within the integrated circuit, of each element having an
technical field electronic function.
o Inventive step (non-obviousness). The invention must show an inventive
step that could not be deduced by a person with average knowledge of the
technical field. Trademarks
o Disclosure of the invention. The invention must be disclosed in a clear and  A trademark is a sign, or a combination of signs, that distinguishes the goods or
complete manner in the patent application to be carried out by a person services of one company from those of another.
skilled in the art (a person conversant in the field of technology
concerned).  Such signs may use words, letters, numerals, pictures, shapes and colors, or any
combination thereof. An increasing number of countries also allow for the
The person to whom a patent is granted is known as the patentee, the owner of the patent or registration of less traditional forms of trademarks, such as three-dimensional signs
the patent holder. (like the Coca-Cola bottle or Toblerone chocolate bar), audible signs (sounds such
as the roar of the lion at the beginning of films produced by MGM), or olfactory
Once a patent expires, the protection ends, and the invention enters the public domain signs (such as the smell of a particular type of motor oil or embroidery yarn).
(also known as being “off patent”). However, many countries have set limits on what may be registered as a trademark,
generally allowing only signs that are visually perceptible or can be represented
graphically.
 The patentee no longer holds exclusive rights to the invention, which then becomes
available for commercial exploitation by others.
FUNCTIONS OF TRADEMARKS
UTILITY MODEL
 Distinguish the products or services of one company from those of other companies.
 Utility model protection is usually sought for technically less complex inventions or
for inventions that have a short commercial life.  Distinguish products or services from a given source from identical or similar
 The maximum term of protection provided for by law for a products or services from other sources.
utility model is generally shorter than that provided for a patent  Refer to a particular quality of the product or service for which a mark is used
for invention, usually between 7 and 10 years  Promote the marketing and sale of products, and the marketing and provision of
services.
Industrial Designs
 wide variety of industrial products and handicrafts. A trademark can be renewed indefinitely on payment of the necessary fees.

Law on Intellectual Property VASQUEZ REVIEWER pg. 3

 patent registration of the name and container would not guarantee her the right to the exclusive
INTELLECTUAL PROPERTY CODE (SEC. 4) use of the same for the reason that they are not appropriate subjects of the said intellectual
SECTION 2. Declaration of State Policy. — The State recognizes that an effective intellectual rights. Consequently, a preliminary injunction order cannot be issued for the reason that the
and industrial property system is vital to the development of domestic and creative activity, petitioner has not proven that she has a clear right over the said name and container to the
facilitates transfer of technology, attracts foreign investments, and ensures market access for exclusion of others, not having proven that she has registered a trademark thereto or used the
our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and same before anyone did.
other gifted citizens to their intellectual property and creations, particularly when beneficial to
the people, for such periods as provided in this Act. The use of intellectual property bears a Copyright: WHAT WORKS ARE PROTECTED; WHAT WORKS ARE NOT
social function. To this end, the State shall promote the diffusion of knowledge and SECTION 172. Literary and Artistic Works. —
information for the promotion of national development and progress and the common good. It 172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual
is also the policy of the State to streamline administrative procedures of registering patents, creations in the literary and artistic domain protected from the moment of their creation and
trademarks and copyright, to liberalize the registration on the transfer of technology, and to shall include in particular:
enhance the enforcement of intellectual property rights in the Philippines. (n) a. Books, pamphlets, articles and other writings;
b. Periodicals and newspapers;
SECTION 4. Definitions. — c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not
4.1. The term "intellectual property rights" consists of: reduced in writing or other material form;
a. Copyright and Related Rights; d. Letters;
b. Trademarks and Service Marks; e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in
c. Geographic Indications; dumb shows;
d. Industrial Designs; f. Musical compositions, with or without words;
e. Patents; g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works
f. Layout-Designs (Topographies) of Integrated Circuits; and of art; models or designs for works of art;
g. Protection of Undisclosed Information (n, TRIPS). h. Original ornamental designs or models for articles of manufacture, whether or not
registrable as an industrial design, and other works of applied art;
4.2. The term "technology transfer arrangements" refers to contracts or agreements involving i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to
the transfer of systematic knowledge for the manufacture of a product, the application of a geography, topography, architecture or science;
process, or rendering of a service including management contracts; and the transfer, j. Drawings or plastic works of a scientific or technical character;0
assignment or licensing of all forms of intellectual property rights, including licensing of k. Photographic works including works produced by a process analogous to photography;
Computer software except computer software developed for mass market. lantern slides;
l. Audiovisual works and cinematographic works and works produced by a process analogous
4.3. The term "Office" refers to the Intellectual Property Office created by this Act. to cinematography or any process for making audio-visual recordings;
4.4. The term "IPO Gazette" refers to the gazette published by the Office under this Act. (n) m. Pictorial illustrations and advertisements;
n. Computer programs; and
ELIDAD KHO v SUMMERVILLE o. Other literary, scholarly, scientific and artistic works.
ISSUE: WON KHO is protected under the law.
SECTION 173. Derivative Works. —
Held: NO. Trademark, copyright and patents are different intellectual property rights that 173.1. The following derivative works shall also be protected by copyright:
cannot be interchanged with one another. A trademark is any visible sign capable of a. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations
distinguishing the goods (trademark) or services (service mark) of an enterprise and shall of literary or artistic works; and
include a stamped or marked container of goods. In relation thereto, a trade name means the b. Collections of literary, scholarly or artistic works, and compilations of data and other
name or designation identifying or distinguishing an enterprise. Meanwhile, the scope of a materials which are original by reason of the selection or coordination or arrangement of their
copyright is confined to literary and artistic works which are original intellectual creations in contents. (Sec. 2, [P] and [Q], P.D. No. 49)
the literary and artistic domain protected from the moment of their creation. Patentable 173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected
inventions, on the other hand, refer to any technical solution of a problem in any field of as new works: Provided however, That such new work shall not affect the force of any
human activity which is new, involves an inventive step and is industrially applicable. subsisting copyright upon the original works employed or any part thereof, or be construed to
imply any right to such use of the original works, or to secure or extend copyright in such
Petitioner has no right to support her claim for the exclusive use of the subject trade name and original works. (Sec. 8, P.D. 49; Art. 10, TRIPS)
its container. The name and container of a beauty cream product are proper subjects of a
trademark inasmuch as the same falls squarely within its definition. In order to be entitled to SECTION 174. Published Edition of Work. — In addition to the right to publish granted by
exclusively use the same in the sale of the beauty cream product, the user must sufficiently the author, his heirs, or assigns, the publisher shall have a copyright consisting merely of the
prove that she registered or used it before anybody else did. The petitioner’s copyright and
Law on Intellectual Property VASQUEZ REVIEWER pg. 4
right of reproduction of the typographical arrangement of the published edition of the work. the defendant-appellee constitute a public performance for profit within the meaning and
(n) contemplation of the Copyright Law of the Philippines; and assuming that there were indeed
public performances for profit, whether or not appellee can be held liable therefor.
SECTION 175. Unprotected Subject Matter. — Notwithstanding the provisions of Sections
172 and 173, no protection shall extend, under this law, to any idea, procedure, system, Held: NO. It has been held that "The playing of music in dine and dance establishment which
method or operation, concept, principle, discovery or mere data as such, even if they are was paid for by the public in purchases of food and drink constituted "performance for profit"
expressed, explained, illustrated or embodied in a work; news of the day and other within a Copyright Law." Thus, it has been explained that while it is possible in such
miscellaneous facts having the character of mere items of press information; or any official establishments for the patrons to purchase their food and drinks and at the same time dance to
text of a legislative, administrative or legal nature, as well as any official translation thereof. the music of the orchestra, the music is furnished and used by the orchestra for the purpose of
(n) inducing the public to patronize the establishment and pay for the entertainment in the
purchase of food and drinks. The defendant conducts his place of business for profit, and it is
SECTION 176. Works of the Government. — public; and the music is performed for profit.

176.1. No copyright shall subsist in any work of the Government of the Philippines. However, Nevertheless, appellee cannot be said to have infringed upon the Copyright Law. Appellee's
prior approval of the government agency or office wherein the work is created shall be allegation that the composers of the contested musical compositions waived their right in favor
necessary for exploitation of such work for profit. Such agency or office may, among other of the general public when they allowed their intellectual creations to become property of the
things, impose as a condition the payment of royalties. No prior approval or conditions shall public domain before applying for the corresponding copyrights for the same is correct.
be required for the use for any purpose of statutes, rules and regulations, and speeches,
lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of The Supreme Court has ruled that "Paragraph 33 of Patent Office Administrative Order No. 3
justice, before administrative agencies, in deliberative assemblies and in meetings of public (as amended, dated September 18, 1947) entitled 'Rules of Practice in the Philippines Patent
character. (Sec. 9, first par., P.D. No. 49) Office relating to the Registration of Copyright Claims' promulgated pursuant to Republic Act
165, provides among other things that an intellectual creation should be copyrighted thirty (30)
176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the days after its publication, if made in Manila, or within the (60) days if made elsewhere, failure
preceding paragraphs shall have the exclusive right of making a collection of his works. (n) of which renders such creation public property." Indeed, if the general public has made use of
the object sought to be copyrighted for thirty (30) days prior to the copyright application the
176.3. Notwithstanding the foregoing provisions, the Government is not precluded from law deems the object to have been donated to the public domain and the same can no longer be
receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor copyrighted.Under the circumstances, it is clear that the musical compositions in question had
shall publication or republication by the Government in a public document of any work in long become public property, and are therefore beyond the protection of the Copyright Law.
which copyright is subsisting be taken to cause any abridgment or annulment of the copyright
or to authorize any use or appropriation of such work without the consent of the copyright SESSION 2
owner. (Sec. 9, third par., P.D. No. 49)
BERNE CONVENTION
FRANCISCO G. JOAQUIN, JR., and BJ PRODUCTIONS, INC. vs.  The Berne Convention deals with the protection of works and the rights of their
HONORABLE FRANKLIN DRILON, GABRIEL ZOSA, WILLIAM ESPOSO, authors.
 It is based on three basic principles and contains a series of provisions determining
ISSUE: WHETHER TV SHOW IS COPYRIGHTABLE the minimum protection to be granted, as well as special provisions available
to developing countries that want to make use of them.
HELD: NO To begin with the format of a show is not copyrightable. Section 2 of P.D. No. 49, (a) Works originating in one of the Contracting States (that is, works the
otherwise known as the DECREE ON INTELLECTUAL PROPERTY, enumerates the classes author of which is a national of such a State or works first published in
of work entitled to copyright protection, does not include the format or mechanics of a such a State) must be given the same protection in each of the
television show. For this reason, the protection afforded by the law cannot be extended to other Contracting States as the latter grants to the works of its own
cover them. The copyright does not extend to an idea, procedure, process, system, method of nationals (principle of "national treatment") [1].
operation, concept, principle, or discovery, regardless of the form in which it is described, (b) Protection must not be conditional upon compliance with any formality
explained, illustrated, or embodied in such work. (principle of "automatic" protection) [2].
(c) Protection is independent of the existence of protection in the country of
origin of the work (principle of "independence" of protection). If,
FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC., however, a Contracting State provides for a longer term of protection than
vs. BENJAMIN TAN [G.R. No. L-36402. March 16, 1987.] the minimum prescribed by the Convention and the work ceases to be
protected in the country of origin, protection may be denied once
ISSUE: whether or not the playing and signing of musical compositions which have been protection in the country of origin ceases
copyrighted under the provisions of the Copyright Law (Act 3134) inside the establishment of
Law on Intellectual Property VASQUEZ REVIEWER pg. 5
The minimum standards of protection relate to the works and rights to be protected, and to  The WIPO Copyright Treaty (WCT) is a special agreement under the Berne
the duration of protection: Convention that deals with the protection of works and the rights of their authors in
a) As to works, protection must include "every production in the literary, scientific and the digital environment.
artistic domain, whatever the mode or form of its expression"  The WCT mentions two subject matters to be protected by copyright: (i) computer
b) Subject to certain allowed reservations, limitations or exceptions, the following are programs, whatever the mode or form of their expression; and (ii) compilations of
among the rights that must be recognized as exclusive rights of authorization: data or other material ("databases"), in any form, which, by reason of the selection
a. the right to translate, or arrangement of their contents, constitute intellectual creations.
b. the right to make adaptations and arrangements of the work,  As to the rights granted to authors, apart from the rights recognized by the Berne
c. the right to perform in public dramatic, dramatico-musical and musical Convention, the Treaty also grants: (i) the right of distribution; (ii) the right of
works, rental; and (iii) a broader right of communication to the public.
d. the right to recite literary works in public, o The right of distribution is the right to authorize the making available to
e. the right to communicate to the public the performance of such works, the public of the original and copies of a work through sale or other
f. the right to broadcast (with the possibility that a Contracting State may transfer of ownership.
provide for a mere right to equitable remuneration instead of a right of
o The right of rental is the right to authorize commercial rental to the
authorization),
g. the right to make reproductions in any manner or form (with the public of the original and copies of three kinds of works: (i) computer
possibility that a Contracting State may permit, in certain special cases, programs (ii) cinematographic works and (iii) works embodied in
reproduction without authorization, provided that the reproduction does phonograms as determined in the national law of Contracting Parties
not conflict with the normal exploitation of the work and does not o The right of communication to the public is the right to authorize any
unreasonably prejudice the legitimate interests of the author; and the communication to the public, by wire or wireless means, including "the
possibility that a Contracting State may provide, in the case of sound making available to the public of works in a way that the members of the
recordings of musical works, for a right to equitable remuneration),
public may access the work from a place and at a time individually chosen
h. the right to use the work as a basis for an audiovisual work, and the right
to reproduce, distribute, perform in public or communicate to the public by them".
that audiovisual work  As to limitations and exceptions, Article 10 of the WCT incorporates the so-called
Moral Rights- the right to claim authorship of the work and the right to object to any "threestep" test to determine limitations and exceptions, as provided for in Article
mutilation, deformation or other modification of, or other derogatory action in relation to, the 9(2) of the Berne Convention, extending its application to all rights.
work that would be prejudicial to the author's honor or reputation. o (2) It shall be a matter for legislation in the countries of the Union to
permit the reproduction of such works in certain special cases, provided
As to the duration of protection, the general rule is that protection must be granted until the
that such reproduction does not conflict with a normal exploitation of the
expiration of the 50th year after the author's death. There are, however, exceptions to this
general rule. In the case of anonymous or pseudonymous works, the term of protection expires work and does not unreasonably prejudice the legitimate interests of the
50 years after the work has been lawfully made available to the public, except if the author.
pseudonym leaves no doubt as to the author's identity or if the author discloses his or her  The Agreed Statement accompanying the WCT provides that such limitations and
identity during that period; in the latter case, the general rule applies. In the case of exceptions, as established in national law in compliance with the Berne Convention,
audiovisual (cinematographic) works, the minimum term of protection is 50 years after the may be extended to the digital environment.
making available of the work to the public ("release") or – failing such an event – from the
 As to duration, the term of protection must be at least 50 years for any kind of work.
creation of the work. In the case of works of applied art and photographic works, the minimum
term is 25 years from the creation of the work  The enjoyment and exercise of the rights provided for in the Treaty cannot be
subject to any formality
 The Berne Convention allows certain limitations and exceptions on economic rights,
that is, cases in which protected works may be used without the authorization of the IP CODE PROVISIONS
owner of the copyright, and without payment of compensation.
 The Appendix to the Paris Act of the Convention also permits developing countries  Section 177. Copyright or Economic Rights. - Subject to the provisions of Chapter
to implement non-voluntary licenses for translation and reproduction of works in III, copyright or economic rights shall consist of the exclusive right to carry out,
certain cases, in connection with educational activities. In these cases, the described authorize or prevent the following acts:
use is allowed without the authorization of the right holder, subject to the payment 177.1. Reproduction of the work or substantial portion of the work;
of remuneration to be fixed by the law.
177.2. Dramatization, translation, adaptation, abridgment, arrangement or other
Summary of the WIPO Copyright Treaty (WCT) (1996) transformation of the work;

Law on Intellectual Property VASQUEZ REVIEWER pg. 6

 177.3. The first public distribution of the original and each copy of the work by sale  Section 197. Editing, Arranging and Adaptation of Work. - In the absence of a
or other forms of transfer of ownership; contrary stipulation at the time an author licenses or permits another to use his work,
177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a the necessary editing, arranging or adaptation of such work, for publication,
broadcast, use in a motion picture, dramatization, or mechanical or electrical
work embodied in a sound recording, a computer program, a compilation of data and
reproduction in accordance with the reasonable and customary standards or
other materials or a musical work in graphic form, irrespective of the ownership of requirements of the medium in which the work is to be used, shall not be deemed to
the original or the copy which is the subject of the rental; (n) contravene the author's rights secured by this chapter. Nor shall complete destruction
177.5. Public display of the original or a copy of the work; of a work unconditionally transferred by the author be deemed to violate such rights.
177.6. Public performance of the work; and (Sec. 38, P.D. No. 49)
177.7. Other communication to the public of the work. (Sec. 5, P. D. No. 49a)  Section 198. Term of Moral Rights. - 198.1. The rights of an author under this
 Section 200. Sale or Lease of Work. - In every sale or lease of an original work of chapter shall last during the lifetime of the author and for fifty (50) years after his
death and shall not be assignable or subject to license. The person or persons to be
painting or sculpture or of the original manuscript of a writer or composer,
charged with the posthumous enforcement of these rights shall be named in writing
subsequent to the first disposition thereof by the author, the author or his heirs shall to be filed with the National Library. In default of such person or persons, such
have an inalienable right to participate in the gross proceeds of the sale or lease to enforcement shall devolve upon either the author's heirs, and in default of the heirs,
the extent of five percent (5%). This right shall exist during the lifetime of the author the Director of the National Library.
and for fifty (50) years after his death. (Sec. 31, P.D. No. 49) 198.2. For purposes of this Section, "Person" shall mean any individual, partnership,
 Section 201. Works Not Covered. - The provisions of this Chapter shall not apply to corporation, association, or society. The Director of the National Library may
prints, etchings, engravings, works of applied art, or works of similar kind wherein prescribe reasonable fees to be charged for his services in the application of
provisions of this Section. (Sec. 39, P.D. No. 49)
the author primarily derives gain from the proceeds of reproductions. (Sec. 33, P.D.
 Section 199. Enforcement Remedies. - Violation of any of the rights conferred by
No. 49) this Chapter shall entitle those charged with their enforcement to the same rights and
 Section 193. Scope of Moral Rights. - The author of a work shall, independently of remedies available to a copyright owner. In addition, damages which may be availed
the economic rights in Section 177 or the grant of an assignment or license with of under the Civil Code may also be recovered. Any damage recovered after the
respect to such right, have the right: creator's death shall be held in trust for and remitted to his heirs, and in default of the
193.1. To require that the authorship of the works be attributed to him, in particular, heirs, shall belong to the government. (Sec. 40, P D No. 49)
the right that his name, as far as practicable, be indicated in a prominent way on the 
copies, and in connection with the public use of his work;
193.2. To make any alterations of his work prior to, or to withhold it from
Related or Neighboring Rights
publication;
193.3. To object to any distortion, mutilation or other modification of, or other
derogatory action in relation to, his work which would be prejudicial to his honor or RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS RECORDINGS AND
reputation; and BROADCASTING ORGANIZATIONS
193.4. To restrain the use of his name with respect to any work not of his own
creation or in a distorted version of his work. (Sec. 34, P.D. No. 49) Section 202. Definitions. - For the purpose of this Act, the following terms shall have the
 Section 194. Breach of Contract. - An author cannot be compelled to perform his following meanings:
contract to create a work or for the publication of his work already in existence.
However, he may be held liable for damages for breach of such contract. (Sec. 35, 202.1. "Performers" are actors, singers, musicians, dancers, and other persons who act, sing,
P.D. No. 49) declaim, play in, interpret, or otherwise perform literary and artistic work;
 Section 195. Waiver of Moral Rights. - An author may waive his rights mentioned in
Section 193 by a written instrument, but no such waiver shall be valid where its 202.2. "Sound recording" means the fixation of the sounds of a performance or of other
effects is to permit another:
195.1. To use the name of the author, or the title of his work, or otherwise to make sounds, or representation of sound, other than in the form of a fixation incorporated in a
use of his reputation with respect to any version or adaptation of his work which, cinematographic or other audiovisual work;
because of alterations therein, would substantially tend to injure the literary or
artistic reputation of another author; or 202.3. An "audiovisual work or fixation" is a work that consists of a series of related images
195.2. To use the name of the author with respect to a work he did not create. (Sec. which impart the impression of motion, with or without accompanying sounds, susceptible of
36, P.D. No. 49) being made visible and, where accompanied by sounds, susceptible of being made audible;
 Section 196. Contribution to Collective Work. - When an author contributes to a
collective work, his right to have his contribution attributed to him is deemed 202.4. "Fixation" means the embodiment of sounds, or of the representations thereof, from
waived unless he expressly reserves it. (Sec. 37, P.D. No. 49) which they can be perceived, reproduced or communicated through a device;
Law on Intellectual Property VASQUEZ REVIEWER pg. 7
202. 5. "Producer of a sound recording" means the person, or the legal entity, who or which Section 204. Moral Rights of Performers. - 204.1. Independently of a performer's economic
takes the initiative and has the responsibility for the first fixation of the sounds of a rights, the performer, shall, as regards his live aural performances or performances fixed in
performance or other sounds, or the representation of sounds; sound recordings, have the right to claim to be identified as the performer of his performances,
except where the omission is dictated by the manner of the use of the performance, and to
202.6. "Publication of a fixed performance or a sound recording" means the offering of copies object to any distortion, mutilation or other modification of his performances that would be
of the fixed performance or the sound recording to the public, with the consent of the right prejudicial to his reputation.
holder: Provided, That copies are offered to the public in reasonable quality;
204.2. The rights granted to a performer in accordance with Subsection 203.1 shall be
202.7. "Broadcasting" means the transmission by wireless means for the public reception of maintained and exercised fifty (50) years after his death, by his heirs, and in default of heirs,
sounds or of images or of representations thereof; such transmission by satellite is also the government, where protection is claimed. (Sec. 43, P.D. No. 49)
"broadcasting" where the means for decrypting are provided to the public by the broadcasting
organization or with its consent; Section 205. Limitation on Right. - 205.1. Subject to the provisions of Section 206, once the
performer has authorized the broadcasting or fixation of his performance, the provisions of
202.8. "Broadcasting organization" shall include a natural person or a juridical entity duly Sections 203 shall have no further application.
authorized to engage in broadcasting; and
205.2. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to
202.9 "Communication to the public of a performance or a sound recording" means the performers. (n)
transmission to the public, by any medium, otherwise than by broadcasting, of sounds of a
performance or the representations of sounds fixed in a sound recording. For purposes of Section 206. Additional Remuneration for Subsequent Communications or Broadcasts. -
Section 209, "communication to the public" includes making the sounds or representations of Unless otherwise provided in the contract, in every communication to the public or broadcast
sounds fixed in a sound recording audible to the public. of a performance subsequent to the first communication or broadcast thereof by the
broadcasting organization, the performer shall be entitled to an additional remuneration
Section 203. Scope of Performers' Rights. - Subject to the provisions of Section 212, equivalent to at least five percent (5%) of the original compensation he or she received for the
performers shall enjoy the following exclusive rights: first communication or broadcast. (n)

203.1. As regards their performances, the right of authorizing: Section 207. Contract Terms. - Nothing in this Chapter shall be construed to deprive
performers of the right to agree by contracts on terms and conditions more favorable for them
(a) The broadcasting and other communication to the public of their performance; and in respect of any use of their performance. (n)

(b) The fixation of their unfixed performance. CHAPTER XIII

PRODUCERS OF SOUND RECORDINGS
203.2. The right of authorizing the direct or indirect reproduction of their performances fixed
in sound recordings, in any manner or form; Section 208. Scope of Right. - Subject to the provisions of Section 212, producers of sound
recordings shall enjoy the following exclusive rights:
203.3. Subject to the provisions of Section 206, the right of authorizing the first public
distribution of the original and copies of their performance fixed in the sound recording 208.1. The right to authorize the direct or indirect reproduction of their sound recordings, in
through sale or rental or other forms of transfer of ownership; any manner or form; the placing of these reproductions in the market and the right of rental or
lending;
203.4. The right of authorizing the commercial rental to the public of the original and copies
of their performances fixed in sound recordings, even after distribution of them by, or pursuant 208.2. The right to authorize the first public distribution of the original and copies of their
to the authorization by the performer; and sound recordings through sale or rental or other forms of transferring ownership; and
203.5. The right of authorizing the making available to the public of their performances fixed 208.3. The right to authorize the commercial rental to the public of the original and copies of
in sound recordings, by wire or wireless means, in such a way that members of the public may their sound recordings, even after distribution by them by or pursuant to authorization by the
access them from a place and time individually chosen by them. (Sec. 42, P.D. No. 49a) producer. (Sec. 46, P.D. No. 49a)

Law on Intellectual Property VASQUEZ REVIEWER pg. 8

Section 209. Communication to the Public. - If a sound recording published for commercial (1) Performers (actors, singers, musicians, dancers and those who perform literary or artistic
purposes, or a reproduction of such sound recording, is used directly for broadcasting or for works) are protected against certain acts to which they have not consented, such as the
other communication to the public, or is publicly performed with the intention of making and broadcasting and communication to the public of a live performance; the fixation of the live
enhancing profit, a single equitable remuneration for the performer or performers, and the performance; the reproduction of the fixation if the original fixation was made without the
producer of the sound recording shall be paid by the user to both the performers and the performer's consent or if the reproduction was made for purposes different from those for
producer, who, in the absence of any agreement shall share equally. (Sec. 47, P.D. No. 49a) which consent was given.

Section 210. Limitation of Right. - Sections 184 and 185 shall apply mutatis mutandis to the (2) Producers of phonograms have the right to authorize or prohibit the direct or indirect
producer of sound recordings. (Sec. 48, P.D. No. 49a) reproduction of their phonograms. In the Rome Convention, “phonograms” means any
exclusively aural fixation of sounds of a performance or of other sounds. Where a phonogram
CHAPTER XIV published for commercial purposes gives rise to secondary uses (such as broadcasting or
BROADCASTING ORGANIZATIONS communication to the public in any form), a single equitable remuneration must be paid by the
user to the performers, to the producers of the phonograms, or to both. Contracting States are
Section 211. Scope of Right. - Subject to the provisions of Section 212, broadcasting free, however, not to apply this rule or to limit its application.
organizations shall enjoy the exclusive right to carry out, authorize or prevent any of the
following acts: (3) Broadcasting organizations have the right to authorize or prohibit certain acts, namely
the rebroadcasting of their broadcasts; the fixation of their broadcasts; the reproduction of such
211.1. The rebroadcasting of their broadcasts; fixations; the communication to the public of their television broadcasts if such
communication is made in places accessible to the public against payment of an entrance fee.
211.2. The recording in any manner, including the making of films or the use of video tape, of
their broadcasts for the purpose of communication to the public of television broadcasts of the The Rome Convention allows for limitations and exceptions to the above-mentioned rights in
same; and national laws as regards private use, use of short excerpts in connection with reporting current
events, ephemeral fixation by a broadcasting organization by means of its own facilities and
211.3. The use of such records for fresh transmissions or for fresh recording. (Sec. 52, P.D.
for its own broadcasts, use solely for the purpose of teaching or scientific research and in any
No. 49)
other cases where national law provides exceptions to copyright in literary and artistic works.
Furthermore, once a performer has consented to the incorporation of a performance in a visual
CHAPTER XV
or audiovisual fixation, the provisions on performers' rights have no further application.
LIMITATIONS ON PROTECTION

Section 212. Limitations on Rights. - Sections 203, 208 and 209 shall not apply where the acts As to duration, protection must last at least until the end of a 20-year period computed from
referred to in those Sections are related to: the end of the year in which (a) the fixation was made, for phonograms and for performances
incorporated therein; (b) the performance took place, for performances not incorporated in
212.1. The use by a natural person exclusively for his own personal purposes; phonograms; (c) the broadcast took place. However, national laws increasingly provide for a
50-year term of protection, at least for phonograms and performances.
212.2. Using short excerpts for reporting current events;
WIPO is responsible, jointly with the International Labour Organization (ILO) and the United
212.3. Use solely for the purpose of teaching or for scientific research; and Nations Educational, Scientific and Cultural Organization (UNESCO), for the administration
of the Rome Convention. These three organizations constitute the Secretariat of the
212.4. Fair use of the broadcast subject to the conditions under Section 185. (Sec. 44, P.D. No. Intergovernmental Committee set up under the Convention consisting of the representatives of
49a) 12 Contracting States.

ROME CONVENTION The Convention does not provide for the institution of a Union or budget. It establishes an
Intergovernmental Committee composed of Contracting States that considers questions
The Rome Convention secures protection in performances for performers, in phonograms for concerning the Convention [1].
producers of phonograms and in broadcasts for broadcasting organizations.

Law on Intellectual Property VASQUEZ REVIEWER pg. 9

This Convention is open to States party to the Berne Convention for the Protection of Literary As far as producers of phonograms are concerned, the Treaty grants them economic rights in
and Artistic Works (1886) or to the Universal Copyright Convention. Instruments of their phonograms: (i) the right of reproduction; (ii) the right of distribution; (iii) the right of
ratification or accession must be deposited with the Secretary-General of the United Nations. rental; and (iv)the right of making available.
States may make reservations with regard to the application of certain provisions.
 The right of reproduction is the right to authorize direct or indirect reproduction of
WIPO Performances and Phonograms Treaty the phonogram in any manner or form.

The WIPO Performances and Phonograms Treaty (WPPT) deals with the rights of two kinds  The right of distribution is the right to authorize the making available to the public
of beneficiaries, particularly in the digital environment: (i) performers (actors, singers, of the original and copies of the phonogram through sale or other transfer of
musicians, etc.); and (ii) producers of phonograms (persons or legal entities that take the ownership.
initiative and have the responsibility for the fixation of sounds). These rights are addressed in
the same instrument, because most of the rights granted by the Treaty to performers are rights  The right of rental is the right to authorize the commercial rental to the public of
connected to their fixed, purely aural performances (which are the subject matter of the original and copies of the phonogram, as determined in the national law of the
phonograms). Contracting Parties (except for countries that, since April 15, 1994, have a system in
force for equitable remuneration of such rental).
As far as performers are concerned, the Treaty grants performers economic rights in their
performances fixed in phonograms (not in audiovisual fixations, such as motion
 The right of making available is the right to authorize making available to the
pictures): (i) the right of reproduction; (ii) the right of distribution; (iii) the right of rental;
public, by wire or wireless means, a phonogram in such a way that members of the
and (iv) the right of making available.
public may access the phonogram from a place and at a time individually chosen by
them. This right covers, in particular, on-demand, interactive making available
 The right of reproduction is the right to authorize direct or indirect reproduction of
through the Internet.
the phonogram in any manner or form.
The Treaty provides that performers and producers of phonograms have the right to a single
 The right of distribution is the right to authorize the making available to the public equitable remuneration for the direct or indirect use of phonograms, published for commercial
of the original and copies of the phonogram through sale or other transfer of purposes, broadcasting or communication to the public. However, any Contracting Party may
ownership. restrict or – provided that it makes a reservation to the Treaty – deny this right. In the case and
to the extent of a reservation by a Contracting Party, the other Contracting Parties are
 The right of rental is the right to authorize the commercial rental to the public of permitted to deny, vis-à-visthe reserving Contracting Party, national treatment ("reciprocity").
the original and copies of the phonogram, as determined in the national law of the
Contracting Parties (except for countries that, since April 15, 1994, have had a As to limitations and exceptions, Article 16 of the WPPT incorporates the so-called
system in force for equitable remuneration of such rental). "threestep" test to determine limitations and exceptions, as provided for in Article 9(2) of the
Berne Convention, extending its application to all rights. The accompanying Agreed Statement
 The right of making available is the right to authorize the making available to the provides that such limitations and exceptions, as established in national law in compliance
public, by wire or wireless means, of any performance fixed in a phonogram, in such with the Berne Convention, may be extended to the digital environment. Contracting States
a way that members of the public may access the fixed performance from a place may devise new exceptions and limitations appropriate to the digital environment. The
and at a time individually chosen by them. This right covers, in particular, on- extension of existing or the creation of new limitations and exceptions is allowed if the
demand, interactive making available through the Internet. conditions of the "three-step" test are met.

As to unfixed (live) performances, the Treaty grants performers: (i) the right of broadcasting The term of protection must be at least 50 years.
(except in the case of rebroadcasting); (ii) the right of communication to the public (except
where the performance is a broadcast performance); and (iii) the right of fixation. The enjoyment and exercise of the rights provided for in the Treaty cannot be subject to any
formality.
The Treaty also grants performers moral rights, that is, the right to claim to be identified as
the performer and the right to object to any distortion, mutilation or other modification that The Treaty obliges Contracting Parties to provide for legal remedies against the circumvention
would be prejudicial to the performer's reputation. of technological measures (e.g., encryption) used by performers or phonogram producers in
Law on Intellectual Property VASQUEZ REVIEWER pg. 10
connection with the exercise of their rights, and against the removal or altering of information 178.4. In the case of a work commissioned by a person other than an employer of the author
– such as the indication of certain data that identify the performer, performance, producer of and who pays for it and the work is made in pursuance of the commission, the person who so
the phonogram and the phonogram itself – necessary for the management (e.g., licensing, commissioned the work shall have ownership of the work, but the copyright thereto shall
collecting and distribution of royalties) of the said rights ("rights management information"). remain with the creator, unless there is a written stipulation to the contrary;

The Treaty obliges each Contracting Party to adopt, in accordance with its legal system, the 178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author
measures necessary to ensure the application of the Treaty. In particular, each Contracting of the scenario, the composer of the music, the film director, and the author of the work so
Party must ensure that enforcement procedures are available under its law so as to permit adapted. However, subject to contrary or other stipulations among the creators, the producer
effective action against any act of infringement of rights covered by the Treaty. Such action shall exercise the copyright to an extent required for the exhibition of the work in any manner,
must include expeditious remedies to prevent infringement as well as remedies that constitute except for the right to collect performing license fees for the performance of musical
a deterrent to further infringement. compositions, with or without words, which are incorporated into the work; and

The Treaty establishes an Assembly of the Contracting Parties whose main task is to address 178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of
matters concerning the maintenance and development of the Treaty. It entrusts to the Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a)
Secretariat of WIPO the administrative tasks concerning the Treaty.
Section 179. Anonymous and Pseudonymous Works. - For purposes of this Act, the publishers
The Treaty was concluded in 1996 and entered into force in 2002. shall be deemed to represent the authors of articles and other writings published without the
names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or
The Treaty is open to States members of WIPO and to the European Community. The adopted name leaves no doubt as to the author's identity, or if the author of the anonymous
Assembly constituted by the Treaty may decide to admit other intergovernmental works discloses his identity. (Sec. 7, P.D. 49)
organizations to become party to the Treaty. Instruments of ratification or accession must be
deposited with the Director General of WIPO. CHAPTER VII
TRANSFER OR ASSIGNMENT OF COPYRIGHT
IPCODE
Section 180. Rights of Assignee. - 180.1. The copyright may be assigned in whole or in part.
Section 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the Within the scope of the assignment, the assignee is entitled to all the rights and remedies
following rules: which the assignor had with respect to the copyright.

178.1 Subject to the provisions of this section, in the case of original literary and artistic 180.2. The copyright is not deemed assigned inter vivos in whole or in part unless there is a
works, copyright shall belong to the author of the work; written indication of such intention.

178.2. In the case of works of joint authorship, the co-authors shall be the original owners of 180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or
the copyright and in the absence of agreement, their rights shall be governed by the rules on periodical for publication shall constitute only a license to make a single publication unless a
co-ownership. If, however, a work of joint authorship consists of parts that can be used greater right is expressly granted. If two (2) or more persons jointly own a copyright or any
separately and the author of each part can be identified, the author of each part shall be the part thereof, neither of the owners shall be entitled to grant licenses without the prior written
original owner of the copyright in the part that he has created; consent of the other owner or owners. (Sec. 15, P.D. No. 49a)

178.3. In the case of work created by an author during and in the course of his employment, Section 181. Copyright and Material Object. - The copyright is distinct from the property in
the copyright shall belong to: the material object subject to it. Consequently, the transfer or assignment of the copyright shall
not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the
(a) The employee, if the creation of the object of copyright is not a part of his regular duties sole copy or of one or several copies of the work imply transfer or assignment of the
even if the employee uses the time, facilities and materials of the employer. copyright. (Sec. 16, P.D. No. 49)

(b) The employer, if the work is the result of the performance of his regularly-assigned duties, Section 182. Filing of Assignment or License. - An assignment or exclusive license may be
unless there is an agreement, express or implied, to the contrary. filed in duplicate with the National Library upon payment of the prescribed fee for registration
in books and records kept for the purpose. Upon recording, a copy of the instrument shall be
Law on Intellectual Property VASQUEZ REVIEWER pg. 11
returned to the sender with a notation of the fact of record. Notice of the record shall be
published in the IPO Gazette. (Sec. 19, P.D. No. 49a)

Section 183. Designation of Society. - The copyright owners or their heirs may designate a
society of artists, writers or composers to enforce their economic rights and moral rights on
their behalf. (Sec. 32, P.D. No. 49a)

Law on Intellectual Property VASQUEZ REVIEWER pg. 12