Intellectual Property Law
period as may be provided by law.
August 20, 2018
I. INTRODUCTION
II. CONSTITUTION
Article XII, Section 6. The use of property bears a social function, and all
economic agents shall contribute to the common good. Individuals and private
groups, including corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and operate economic
enterprises, subject to the duty of the State to promote distributive justice and
to intervene when the common good so demands.
Article XII, Section 14. The sustained development of a reservoir of national
talents consisting of Filipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower and skilled workers and craftsmen
in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit.
The practice of all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.
Article XIV, Section 10. Science and technology are essential for national
development and progress. The State shall give priority to research and
development, invention, innovation, and their utilization; and to science and
technology education, training, and services. It shall support indigenous,
appropriate, and self-reliant scientific and technological capabilities, and their
application to the country's productive systems and national life.
Article XIV, Section 11. The Congress may provide for incentives, including tax
deductions, to encourage private participation in programs of basic and applied
scientific research. Scholarships, grants-in-aid, or other forms of incentives
shall be provided to deserving science students, researchers, scientists,
inventors, technologists, and specially gifted citizens.
Article XIV, Section 12. The State shall regulate the transfer and promote the
adaptation of technology from all sources for the national benefit. It shall
encourage the widest participation of private groups, local governments, and
community-based organizations in the generation and utilization of science
and technology.
Article XIV, Section 13. 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
Article XIV, Section 14. The State shall foster the preservation, enrichment, and
dynamic evolution of a Filipino national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual expression.
Article XIV, Section 15. Arts and letters shall enjoy the patronage of the State.
The State shall conserve, promote, and popularize the nation’s historical and
cultural heritage and resources, as well as artistic creations.
Article XIV, Section 16. All the country’s artistic and historic wealth constitutes
the cultural treasure of the nation and shall be under the protection of the State
which may regulate its disposition.
Article XIV, Section 17. The State shall recognize, respect, and protect the rights
of indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
Article XIV, Section 18. (1) The State shall ensure equal access to cultural
opportunities through the educational system, public or private cultural
entities, scholarships, grants and other incentives, and community cultural
centers, and other public venues.
(2) The State shall encourage and support researches and studies on the arts
and culture.
III. INTERNATIONAL CONVENTIONS
IV. CIVIL CODE
Art. 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by
law, by donation, by estate and intestate succession, and in consequence of
certain contracts, by tradition.
They may also be acquired by means of prescription.
Art. 721. By intellectual creation, the following persons acquire ownership:
(1) The author with regard to his literary, dramatic, historical, legal,
philosophical, scientific or other work;
(2) The composer; as to his musical composition;
(3) The painter, sculptor, or other artist, with respect to the product of his art;
(4) The scientist or technologist or any other person with regard to his discovery
or invention. (n)
Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the
preceding article, shall have the ownership of their creations even before the
publication of the same. Once their works are published, their rights are
governed by the Copyright laws.
The painter, sculptor or other artist shall have dominion over the product of his
art even before it is copyrighted.
The scientist or technologist has the ownership of his discovery or invention
even before it is patented. (n)
Art. 723. Letters and other private communications in writing are owned by the
person to whom they are addressed and delivered, but they cannot be published
or disseminated without the consent of the writer or his heirs. However, the
court may authorize their publication or dissemination if the public good or the
interest of justice so requires. (n)
Art. 724. Special laws govern copyright and patent.
Art. 520. A trade-mark or trade-name duly registered in the proper government
bureau or office is owned by and pertains to the person, corporation, or firm
registering the same, subject to the provisions of special laws. (n)
Art. 521. The goodwill of a business is property, and may be transferred together
with the right to use the name under which the business is conducted. (n)
Art. 522. Trade-marks and trade-names are governed by special laws.
SECTION 242. Effectivity. — This Act shall take effect on 1 January 1998. (n)
240.3. The provisions of this Act shall apply to works in which copyright
protection obtained prior to the effectivity of this Act is subsisting: Provided,
That the application of this Act shall not result in the diminution of such
protection.
SECTION 237. Preservation of Existing Rights. — Nothing herein shall adversely
affect the rights on the enforcement of rights in patents, utility models,
industrial designs, marks and works, acquired in good faith prior to the effective
date of this Act. (n)
SECTION 177. Copyright or Economic Rights. — Subject to the provisions of
Chapter VIII, copyright or economic rights shall consist of the exclusive right to
carry out, authorize or prevent the following acts:
177.1. Reproduction of the work or substantial portion of the work;
177.2. Dramatization, translation, adaptation, abridgment, arrangement or
other transformation of the work; 177.3. The first public distribution of the
original and each copy of the work by sale or other forms of transfer of
ownership;
177.4. Rental of the original or a copy of an audiovisual or cinematographic
work, a work embodied in a sound recording, a computer program, a
compilation of data and other materials or a musical work in graphic form,
irrespective of the ownership of the original or the copy which is the subject of
the rental; (n)
177.5. Public display of the original or a copy of the work; 177.6. Public
performance of the work; and 177.7. Other communication to the public of the
work. (Sec. 5, P.D. No. 49a)
ule 2 Definition of Terms For the purpose of these Copyright Safeguards and
Regulations, the following terms are herein defined: Author is the natural
person who has created the work; Collective work is 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; Communication to the public or communicate to the public means
the making of a work available to the public by wire or wireless means in such
a way that members of the public may access these works from a place and
time individually chosen by them; Computer program is a set of instructions
capable, when incorporated in machine-readable medium, of causing a
machine having information-processing capabilities, to indicate, perform, or
achieve a particular function, task, or result; Copyright is a right granted by
statute to the author or originator of literary, scholarly, scientific, or artistic
productions, including computer programs. A copyright gives him the legal
right to determine how the work is used and to obtain economic benefits from
the work. For example, the owner of a copyright for a book or a piece of
software has the exclusive rights to use, copy, distribute, and sell copies of the
work, including later editions or versions of the work. If another person
improperly uses material covered by a copyright, the copyright owner can
obtain legal relief; Copyright Office refers to the Copyright Division of the
National Library; Copyright symbol is represented by ©; Date of publication is
the earliest date when a copy of the first authorized edition of the work was
placed on sale, sold, distributed, or otherwise made available to the public, by
the copyright owner or his representative; Decompilation means the
reproduction of the code and the translation of the forms of a computer
program to achieve the inter-operability of an independently-created
computer program with other programs; Exhibition of an audiovisual work
means any form of exploitation of a work, including its distribution in copies, its
public performance, and its communication to the public, including broadcast
or rebroadcast, cable retransmission, or satellite broadcast or transmission;
Fee refers to the amount prescribed by The National Library for the issuance of
a Certificate of Registration and Deposit to claim copyright or for the filing of
assignment or license, or for such other services or transactions as may be
covered by these Copyright Safeguards and Regulations; Performance symbol
is represented by p; Public lending is the transfer of possession of the original
or a copy of a work or multimedia for a limited period, for non-profit purposes,
by an institution the services of which are available to the public, such as a
public library or archive; Public performance is the recitation, playing, dancing,
acting or any performance of the work, either directly or by means of any
device or process; in the case of an audiovisual work, the broadcast or
showing of its images in sequence and the making of the sounds
accompanying it audible; and in the case of a sound recording, the making of
the recorded sounds audible at a place or at places where persons outside the
normal circle of a family and that family’s closed social acquaintances are or
can be present, irrespective of whether they are or can be present at the same
place and at the same time, or at different places and/or different times, and
where the performance can be perceived without the need for communication
within the meaning of “communication to the public” defined above; Published
work means work which, with the consent of the author, is made available to
the public by wire or wireless means in such a way that members of the public
may access the work from a place and time individually chosen by them:
Provided, That availability of such copies has been such as to satisfy the
reasonable requirements of the public, having regard to the nature of the
work; Publisher is one who produces and makes available for circulation or
distribution the published work; Rental is the transfer of the possession of the
original or a copy of a work or multimedia for a limited period of time, for
profit-making purposes; Reproduction is the making of one (1) or more copies
of a work, including multimedia, in any manner or form. A reprographic
reproduction, as authorized under certain circumstances by the IPC, does not
include a digital or machine-readable copy, but is limited to photography,
xerography and similar processes, resulting in a paper or microform copy;
Reprographic right is one exercisable anywhere to reproduce or authorize the
reproduction of the work by means of any appliance or process capable of
producing multiple copies of the work in such a form that the work may be
perceived visually. Reprography and other forms of reproduction require the
permission of the copyright holder;
SAR shall refer to these Copyright Safeguards and Regulations issued
pursuant to
the IPC;
SCL refers to the Library of the Supreme Court of the Republic of the
Philippines;
TNL refers to The National Library of the Republic of the Philippines;
TNL Director refers to the head of The National Library of the Republic of the
Philippines;
Unpublished work means work that has not been disseminated, circulated or
distributed to the public prior to its registration with the Copyright Office;
Work refers to any original work, derivative work, performance of producers,
sound recording, or recording of broadcasting organizations. Derivative work
is
work that is derived from another work;
Work of applied art is an artistic creation with utilitarian functions, or
incorporated
in a useful article, whether made by hand or produced on an industrial scale;
Work of the Government of the Philippines is work created by an officer or
employee of the Philippine Government or any of its subdivisions and
instrumentalities, including government-owned or controlled corporations,
as
part of his regularly prescribed official duties.
Rule 11 Communication to the Public of Copyrighted Works SECTION 1.
Communication to the Public of Copyrighted Work. — “Communication to the
public” or “communicate to the public,” also includes point-to-point
transmission of a work, including video on demand, and providing access to an
electronic retrieval system, such as computer databases, servers, or similar
electronic storage devices. Broadcasting, rebroadcasting, retransmission by
cable, and broadcast and retransmission by satellite are all acts of
“communication to the public” within the meaning of the IPC.
Rule 12 First Public Distribution of Work SECTION 1. First Public Distribution of
Work. — An exclusive right of first distribution of work includes all acts
involving distribution, specifically including the first importation of an original
and each copy of the work into the jurisdiction of the Republic of the Philippines.
171.3. 'Communication to the public' or 'communicate to the public' means any
communication to the public, including broadcasting, rebroadcasting,
retransmitting by cable, broadcasting and retransmitting by satellite, and
includes the making of a work available to the public by wire or wireless means
in such a way that members of the public may access these works from a place
and time individually chosen by them;
171.9. 'Reproduction' is the making of one (1) or more copies, temporary or
permanent, in whole or in part, of a work or a sound recording in any manner or
form without prejudice to the provisions of Section 185 of this Act (Sec. 41[E],
P.D. No. 49a);
SECTION 185. Fair Use of a Copyrighted Work. —
185.1. The fair use of a copyrighted work for criticism, comment, news reporting,
teaching including limited number of copies for classroom use, scholarship,
research, and similar purposes is not an infringement of copyright.
Decompilation, which is understood here to be the reproduction of the code and
translation of the forms of a computer program to achieve the interoperability
of an independently created computer program with other programs may also
constitute fair use under the criteria established by this section, to the extent
that such decompilation is done for the purpose of obtaining the information
necessary to achieve such interoperability. In determining whether the use
made of a work in any particular case is fair use, the factors to be considered
shall include: (a) The purpose and character of the use, including whether
such use is of a commercial nature or is for non-profit educational purposes;
(b) The nature of the copyrighted work; (c) The amount and substantiality
of the portion used in relation to the copyrighted work as a whole; and (d) The
effect of the use upon the potential market for or value of the copyrighted work.
185.2. The fact that a work is unpublished shall not by itself bar a finding of fair
use if such finding is made upon consideration of all the above factors.
SECTION 172. Literary and Artistic Works. — 172.1. Literary and artistic works,
hereinafter referred to as "works", are original intellectual creations in the
literary and artistic domain protected from the moment of their creation and
shall include in particular: (a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers; (c) Lectures, sermons, addresses,
dissertations prepared for oral delivery, whether or not reduced in writing or
other material form; (d) Letters; (e) Dramatic or dramatico-musical
compositions; choreographic works or entertainment in dumb shows; (f)
Musical compositions, with or without words; (g) Works of drawing, painting,
architecture, sculpture, engraving, lithography or other works of art; models or
designs for works of art; (h) Original ornamental designs or models for
articles of manufacture, whether or not registrable as an industrial design, and
other works of applied art; (i) Illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography, topography, architecture or
science; (j) Drawings or plastic works of a scientific or technical character;
(k) Photographic works including works produced by a process analogous to
photography; lantern slides; (l) Audiovisual works and cinematographic
works and works produced by a process analogous to cinematography or any
process for making audio-visual recordings; (m) Pictorial illustrations and
advertisements; (n) Computer programs; and (o) Other literary, scholarly,
scientific and artistic works. 172.2. Works are protected by the sole fact of their
creation, irrespective of their mode or form of expression, as well as of their
content, quality and purpose. (Sec. 2, P.D. No. 49a)
Section 2. The Rights granted by this Decree shall, from the moment of creation,
subsist with respect to any of the following classes of works:
(A) Books, including composite and encyclopedic works, manuscripts,
directories, and gazetteers;
(B) Periodicals, including pamphlets and newspapers;
(C) Lectures, sermons, addresses, dissertations prepared for oral
delivery;
(D) Letters;
(E) Dramatic or dramatico-musical compositions; choreographic
works and entertainments in dumb shows, the acting form of which is
fixed in writing or otherwise;
(F) Musical compositions, with or without words;
(G) Works of drawing, painting, architecture, sculpture, engraving,
lithography, and other works of art; models or designs for works of
art;
(H) Reproductions of a work of art;
(I) Original ornamental designs or models for articles of manufacture,
whether or not patentable, and other works of applied art;

(J) Maps, plans, sketches, and charts;

(K) Drawings, or plastic works of a scientific or technical character;

(L) Photographic works and works produced by a process analogous

to photography; lantern slides;

(M) Cinematographic works and works produced by a process

analogous to cinematography or any process for making audio-visual
recordings;

(N) Computer programs;

(O) Prints, pictorial, illustration, advertising copies, labels, tags, and

box wraps;

(P) Dramatization, translations, adaptations, abridgements,

arrangements and other alterations of literary, musical or artistic
works or of works of the Philippine Government as herein defined,
which shall be protected as provided in Section 8 of this Decree.

(Q) Collection of literary, scholarly, or artistic works or of works

referred to in Section 9 of this Decree which by reason of the selection
and arrangement of their contents constitute intellectual creations,
the same to be protected as such in accordance with Section 8 of this
Decree.

(R) Other literary, scholarly, scientific and artistic works.

Summary of the Berne Convention for the Protection of Literary and Artistic
Works (1886)
The Berne Convention deals with the protection of works and the rights of their
authors. It is based on three basic principles and contains a series of
provisions determining the minimum protection to be granted, as well as
special provisions available to developing countries that want to make use of
them.
(1) The three basic principles are the following:
(a) Works originating in one of the Contracting States (that is, works the author
of which is a national of such a State or works first published in such a State)
must be given the same protection in each of the other Contracting States as
the latter grants to the works of its own nationals (principle of "national
treatment") [1].
(b) Protection must not be conditional upon compliance with any formality
(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, however, a
Contracting State provides for a longer term of protection than the minimum
prescribed by the Convention and the work ceases to be protected in the
country of origin, protection may be denied once protection in the country of
origin ceases [3].
(2) The minimum standards of protection relate to the works and rights to be
protected, and to the duration of protection:
(a) As to works, protection must include "every production in the literary,
scientific and artistic domain, whatever the mode or form of its expression"
(Article 2(1) of the Convention).
(b) Subject to certain allowed reservations, limitations or exceptions, the
following are among the rights that must be recognized as exclusive rights of
authorization:
▪ the right to translate,
▪ the right to make adaptations and arrangements of the work,
▪ the right to perform in public dramatic, dramatico-musical and
musical works,
▪ the right to recite literary works in public,
▪ the right to communicate to the public the performance of such works,
▪ the right to broadcast (with the possibility that a Contracting State may
provide for a mere right to equitable remuneration instead of a right of
authorization),
▪ the right to make reproductions in any manner or form (with the
possibility that a Contracting State may permit, in certain special
cases, reproduction without authorization, provided that the
reproduction does not conflict with the normal exploitation of the work
and does not unreasonably prejudice the legitimate interests of the
author; and the possibility that a Contracting State may provide, in the
case of sound recordings of musical works, for a right to equitable
remuneration),
▪ 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 that audiovisual work [4].
The Convention also provides for "moral rights", that is, the right to claim
authorship of the work and the right to object to any mutilation, deformation or
other modification of, or other derogatory action in relation to, the work that
would be prejudicial to the author's honor or reputation.
(c) As to the duration of protection, the general rule is that protection must be
granted until 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 50 years after the work
has been lawfully made available to the public, except if the pseudonym leaves
no doubt as to the author's identity or if the author discloses his or her identity
during that period; in the latter case, the general rule applies. In the case of
audiovisual (cinematographic) works, the minimum term of protection is 50
years after the making available of the work to the public ("release") or –
failing such an event – from the 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 [5].
(3) 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 owner of the copyright, and without payment of
compensation. These limitations are commonly referred to as "free uses" of
protected works, and are set forth in Articles 9(2) (reproduction in certain
special cases), 10 (quotations and use of works by way of illustration for
teaching purposes), 10bis (reproduction of newspaper or similar articles and
use of works for the purpose of reporting current events) and 11bis(3)
(ephemeral recordings for broadcasting purposes).
(4) The Appendix to the Paris Act of the Convention also permits developing
countries to implement non-voluntary licenses for translation and
reproduction of works in certain cases, in connection with educational
activities. In these cases, the described use is allowed without the
authorization of the right holder, subject to the payment of remuneration to be
fixed by the law.
The Berne Union has an Assembly and an Executive Committee. Every country
that is a member of the Union and has adhered to at least the administrative
and final provisions of the Stockholm Act is a member of the Assembly. The
members of the Executive Committee are elected from among the members of
the Union, except for Switzerland, which is a member ex officio.
The establishment of the biennial program and budget of the WIPO Secretariat
– as far as the Berne Union is concerned – is the task of its Assembly.
The Berne Convention, concluded in 1886, was revised at Paris in 1896 and at
Berlin in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels
in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979.
The Convention is open to all States. Instruments of ratification or accession
must be deposited with the Director General of WIPO
Article 5
[Rights Guaranteed: 1. and 2. Outside the country of origin; 3. In the country of
origin; 4. “Country of origin”]
(1) Authors shall enjoy, in respect of works for which they are protected under
this Convention, in countries of the Union other than the country of origin, the
rights which their respective laws do now or may hereafter grant to their
nationals, as well as the rights specially granted by this Convention.
(2) The enjoyment and the exercise of these rights shall not be subject to any
formality; such enjoyment and such exercise shall be independent of the
existence of protection in the country of origin of the work. Consequently, apart
from the provisions of this Convention, the extent of protection, as well as the
means of redress afforded to the author to protect his rights, shall be governed
exclusively by the laws of the country where protection is claimed.
Rule 7 Effectivity and Effects of Registration and Deposit
SECTION 1. Effectivity of Registration and Deposit of Work. — The registration
and deposit of the work takes effect on the date specified on the Certificate of
Regulation and Deposit covering the work.
SECTION 2. Effects of Registration and Deposit of Work. — The registration and
deposit of the work is purely for recording the date of registration and deposit
of the work and shall not be conclusive as to copyright ownership or the term of
copyrights or the rights of the copyright owner, including neighboring rights.
SECTION 3. Effect of Non-Registration and Deposit. — If, within three (3) weeks
after receipt by the copyright owner of a written demand from TNL and/or SCL
for the deposit of a work listed in Rule 5 Sec. 4 of this SAR, the required copies
are not delivered and the fee for registration and deposit is not paid, the
copyright owner, his assignee, or his agent shall be liable to pay a fine
equivalent to the required fee per month of delay and to pay to TNL and SCL the
amount of the retail price of the best edition of the work.
SECTION 4. Other Laws. — Upon issuance of a certificate of deposit, the
copyright owner shall be exempt from making additional deposits of the work
with TNL or the SCL under other laws.
CHAPTER IX Deposit and Notice SECTION 191. Deposit and Notice of Deposit
with the National Library and the Supreme Court Library. — At any time during
the subsistence of the copyright, the owner of the copyright or of any exclusive
right in the work may, for the purpose of completing the records of the National
Library and the Supreme Court Library, register and deposit with them, by
personal delivery or by registered mail, two (2) complete copies or
reproductions of the work in such form as the Directors of the said libraries
may prescribe in accordance with regulations: Provided, That only works in the
field of law shall be deposited with the Supreme Court Library. Such
registration and deposit is not a condition of copyright protection. SECTION 192.
Notice of Copyright. — Each copy of a work published or offered for sale may
contain a notice bearing the name of the copyright owner, and the year of its first
publication, and, in copies produced after the creator's death, the year of such
death. (Sec. 27, P.D. No. 49a)
SECTION 227. Ownership of Deposit and Instruments. — All copies deposited
and instruments in writing filed with the National Library and the Supreme
Court Library in accordance with the provisions of this Act shall become the
property of the Government. (Sec. 60, P.D. No. 49)
SECTION 228. Public Records. — The section or division of the National Library
and the Supreme Court Library charged with receiving copies and instruments
deposited and with keeping records required under this Act and everything in it
shall be opened to public inspection. The Director of the National Library is
empowered to issue such safeguards and regulations as may be necessary to
implement this Section and other provisions of this Act. (Sec. 61, P.D. No. 49)
SECTION 229. Copyright Division; Fees. — The Copyright Section of the
National Library shall be classified as a Division upon the effectivity of this Act.
The National Library shall have the power to collect, for the discharge of its
services under this Act, such fees as may be promulgated by it from time to time
subject to the approval of the Department Head. (Sec. 62, P.D. 49a)
RULE 5
Registration and Deposit of Work
SECTION 1. Who May Apply. — The owner or assignee of the copyright
or his related thereto, shall be registered and deposited with TNL Copyright
duly authorized agent or representative, may apply for a certificate of Division
registration and deposit of the work: Provided, That if an author could and another two (2) copies with the SCL:
not claim
the benefit of copyright protection, his assignee or agent cannot claim • Books, pamphlets, articles and other writings;
it. If the
applicant is not the owner or author or assignee of the work, he shall • Periodicals and newspapers;
be required
to submit his authority to apply. • Lectures, sermons, addresses, dissertations prepared for oral
An assignee is a person to whom an author may assign copyright in delivery
whole or in whether or not reduced in writing or other material form;
part. The assignee is entitled to all the rights and remedies which the
assignor • Letters;
has with respect to the copyright.
Although no copyright should subsist in any work of the government, • Musical compositions with or without words.
any SECTION 5. Replicas and Pictures. — For practical purposes, only
employee may claim it by submitting for registration any work that has replicas and
been pictures of the following classes of works, shall be registered and
created during the time of his employment but which does not form deposited with
part of his TNL Copyright Division:
regularly prescribed official duties.
SECTION 2. Identification of Author or Authors. — An application for • Works of drawing, painting, architecture, sculpture, engraving,
copyright lithography or other works of art, models or designs for works of art;
certificate shall identify the author or authors, as far as practicable, • Original ornamental designs or models for articles of manufacture,
without whether or not registerable as an industrial design, and other works
prejudice to the provisions of Sections 171.2 and 179 of the IPC. of applied art;
SECTION 3. Non-Resident Applicant. — A non-resident applicant shall • Illustrations, maps, plans, sketches, charts and three-dimensional
appoint works relative to geography, topography, architecture or science;
a resident agent, by special power of attorney (SPA), who shall be • Drawings or plastic works of a scientific or technical character.
authorized to SECTION 6. Works that May be Registered and Deposited. — The
pursue the copyright application for his/her/its behalf with TNL and/or following works may be registered and deposited:
the SCL • Dramatic or dramatic-musical compositions, choreographic works
and to receive service of notice or other legal process relating to the or entertainment in shows;
application • Photographic works including works produced by a process
and the copyright. In the event of death, absence or incapacity of the analogous to photography, lantern slides;
resident • Audiovisual works and cinematographic works and works produced
agent, the applicant shall appoint a new resident agent, by SPA with by a process analogous to cinematography or any process for
revocation making audio-visual recordings;
of the prior SPA, and file notice and a copy thereof with TNL and/or the • Pictorial illustrations and advertisements;
SCL. • Computer programs;
SECTION 4. Works That Shall Be Registered and Deposited. — Two (2) • Other literary, scholarly, scientific and artistic works;
copies or • Sound recordings;
reproductions of the following classes of works, and transfers and • Broadcast recordings. SECTION 7. When to Register and Deposit. —
assignments The registration and deposit of copies or reproductions of the work
 or works, using the prescribed form, shall be made personally or by
registered mail within three (3) weeks after the first public
dissemination or publication as authorized by the author.
SECTION 218. Affidavit Evidence. — 218.1. In an action under this Chapter, an
affidavit made before a notary public by or on behalf of the owner of the
copyright in any work or other subject matter and stating that: (a) At the time
specified therein, copyright subsisted in the work or other subject matter; (b)
He or the person named therein is the owner of the copyright; and (c) The copy
of the work or other subject matter annexed thereto is a true copy thereof.
The affidavit shall be admitted in evidence in any proceedings under this
Chapter and shall be prima facie proof of the matters therein stated until the
contrary is proved, and the court before which such affidavit is produced shall
assume that the affidavit was made by or on behalf of the owner of the copyright.
218.2. In an action under this Chapter: (a) Copyright shall be presumed to
subsist in the work or other subject matter to which the action relates if the
defendant does not put in issue the question whether copyright subsists in the
work or other subject matter; and (b) Where the subsistence of the copyright
is established, the plaintiff shall be presumed to be the owner of the copyright if
he claims to be the owner of the copyright and the defendant does not put in
issue the question of his ownership. (c) Where the defendant, without good
faith, puts in issue the questions of whether copyright subsists in a work or
other subject matter to which the action relates, or the ownership of copyright
in such work or subject matter, thereby occasioning unnecessary costs or
delay in the proceedings, the court maydirect that any costs to the defendant in
respect of the action shall not be allowed by him and that any costs occasioned
by the defendant to other parties shall be paid by him to such other parties. (n)
statement recorded in the international register. (n) SECTION 220A. Disclosure
of Information. — Where any article or its packaging or an implement for making
it is seized or detained under a valid search and seizure under this Act is, or is
reasonably suspected to be, by an authorized enforcement officer, in violation
of this Act, the said officer shall, wherever reasonably practicable, notify the
owner of the copyright in question or his authorized agent of the seizure or
detention, as the case may be
Article 2
[Protected Works: 1. “Literary and artistic works”; 2. Possible requirement of
fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to
protect; beneficiaries of protection; 7. Works of applied art and industrial
designs; 8. News]
(1) The expression “literary and artistic works” shall include every production in
the literary, scientific and artistic domain, whatever may be the mode or form of
its expression, such as books, pamphlets and other writings; lectures,
addresses, sermons and other works of the same nature; dramatic or
dramaticomusical works; choreographic works and entertainments in dumb
show; musical compositions with or without words; cinematographic works to
which are assimilated works expressed by a process analogous to
cinematography; works of drawing, painting, architecture, sculpture, engraving
and lithography; photographic works to which are assimilated works
expressed by a process analogous to photography; works of applied art;
illustrations, maps, plans, sketches and three-dimensional works relative to
geography, topography, architecture or science.

(2) It shall, however, be a matter for legislation in the countries of the Union to
SECTION 219. Presumption of Authorship. — 219.1. The natural person whose
prescribe that works in general or any specified categories of works shall not
name is indicated on a work in the usual manner as the author shall, in the
be protected unless they have been fixed in some material form.
absence of proof to the contrary, be presumed to be the author of the work. This
provision shall be applicable even if the name is a pseudonym, where the
pseudonym leaves no doubt as to the identity of the author. 219.2. The person (3) Translations, adaptations, arrangements of music and other alterations of a
or body corporate whose name appears on an audio-visual work in the usual literary or artistic work shall be protected as original works without prejudice
manner shall, in the absence of proof to the contrary, be presumed to be the to the copyright in the original work. (4) It shall be a matter for legislation in the
maker of said work. (n) countries of the Union to determine the protection to be granted to official texts
of a legislative, administrative and legal nature, and to official translations of
such texts. (5) Collections of literary or artistic works such as encyclopaedias
SECTION 220. International Registration of Works. — A statement concerning
and anthologies which, by reason of the selection and arrangement of their
a work, recorded in an international register in accordance with an
contents, constitute intellectual creations shall be protected as such, without
international treaty to which the Philippines is or may become a party, shall be
prejudice to the copyright in each of the works forming part of such collections.
construed as true until the contrary is proved except: 220.1. Where the
statement cannot be valid under this Act or any other law concerning
intellectual property. 220.2. Where the statement is contradicted by another
(6) The works mentioned in this Article shall enjoy protection in all countries of
the Union. This protection shall operate for the benefit of the author and his
successors in title.
(7) Subject to the provisions of Article 7(4) of this Convention, it shall be a matter
for legislation in the countries of the Union to determine the extent of the
application of their laws to works of applied art and industrial designs and
models, as well as the conditions under which such works, designs and models
shall be protected. Works protected in the country of origin solely as designs
and models shall be entitled in another country of the Union only to such special
protection as is granted in that country to designs and models; however, if no
such special protection is granted in that country, such works shall be
protected as artistic works. (8) The protection of this Convention shall not apply
to news of the day or to miscellaneous facts having the character of mere items
of press information.
171.10. A "work of applied art" is an artistic creation with utilitarian functions or
incorporated in a useful article, whether made by hand or produced on an
industrial scale;
SECTION 173. Derivative Works. — 173.1. The following derivative works shall
also be protected by copyright: (a) Dramatizations, translations, adaptations,
abridgments, arrangements, and other alterations of literary or artistic works;
and (b) 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. (Sec. 2, (P) and (Q), P.D. No. 49)
173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall
be protected as new works: Provided, however, That such new work shall not
affect the force of any 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 original works. (Sec. 8, P.D. 49;
Art. 10, TRIPS)
SECTION 174. Published Edition of Work. — In addition to the right to publish
granted by the author, his heirs, or assigns, the publisher shall have a copyright
consisting merely of the right of reproduction of the typographical arrangement
of the published edition of the work. (n)
CHAPTER IV Works Not Protected
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, method or operation, concept, principle, discovery or mere
data as such, even if they are expressed, explained, illustrated or embodied in a
work; news of the day and other miscellaneous facts having the character of
mere items of press information; or any official text of a legislative,
administrative or legal nature, as well as any official translation thereof. (n)
SECTION 176. Works of the Government. — 176.1. No copyright shall subsist in
any work of the Government of the Philippines. However, prior approval of the
government agency or office wherein the work is created shall be necessary for
exploitation of such work for profit. Such agency or office may, among other
things, impose as a condition the payment of royalties. No prior approval or
conditions shall 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 justice, before administrative
agencies, in deliberative assemblies and in meetings of public character. (Sec.
9, first par., P.D. No. 49)
176.2. The author of speeches, lectures, sermons, addresses, and dissertations
mentioned in the preceding paragraphs shall have the exclusive right of making
a collection of his works. (n)
176.3. Notwithstanding the foregoing provisions, the Government is not
precluded from receiving and holding copyrights transferred to it by
assignment, bequest or otherwise; nor shall publication or republication by the
Government in a public document of any work in 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
owner. (Sec. 9, third par., P.D. No. 49)