INTRODUCTION

When the first men invented the wheel, Who did what? was a fairly straightforward question. Nowadays, in our age of economic globalization, rapidly changing technologies and skyrocketing population rates, it is impossible to come up with the answer without stumbling across the term intellectual property rights. Intellectual property rights was an item long ago included in the General Agreement on Tariffs and Trade during the Uruguay Round. Amidst the new economic order taking shape the world over, every member country then was asked to construct the legal architecture for its protection. In June 1997, the Philippines responded with the enactment of Republic Act No. 8293 or the Intellectual Property Code of the Philippines, at once hailed as one of the most comprehensive laws on the matter. Notwithstanding its importance and the fact that it is now over five years old, up to this day only a few (mostly lawyers, scientists and technocrats) have at least an understanding of the Codes key provisions. Patents, industrial designs, trademarks and service marks, copyright and related rights, geographical indications, layout-designs of integrated circuits, and undisclosed information. Not to mention, utility models and plant varieties. The average person would not actually know what these terms mean, let alone the term intellectual property. Thus, the need for this primer that comes in a neat question-andanswer format to apprise the public on the subject, the law meant to preserve and promote it, and the new intellectual property system that law laid. In addition, this primer showcases the Intellectual Property Office (IPO), the premier body tasked to promote and protect intellectual property rights. Corollarily, this publication aims to afford entrepreneurs and scientists alike an overview of the various protections the law affords them as well as the requirements (in registration and licensing, for instance) which are of immense value in managing their present and future ventures and researches.

At the minimum, however, this publication simply aims to encourage the support of everyone in upholding and preserving each ones right to his intellectual creation. Indeed, this purpose is in line with the Macapagal-Arroyo Administrations vision of building a strong republic based on solid and strong institutions which, needless to say, include the IPO.

TABLE OF CONTENTS

Introduction ---------------------------------------------------------------------The Law on Intellectual Property ------------------------------------------What is Intellectual Property -----------------------------------------------The Intellectual Property Office & Allied Agencies -------------------Procedures ---------------------------------------------------------------------

i 1 1 4 6

Terms of Protection ----------------------------------------------------------- 11 Going International (Treaties)------------------------------------------------ 12

THE LAW ON INTELLECTUAL PROPERTY

What is the current Philippine law on Intellectual Property? The current law on Intellectual Property is Republic Act No. 8293 which was approved by then President Fidel V. Ramos on June 16, 1997 and took effect on January 1, 1998. The law is also known as the Intellectual Property (IP) Code of the Philippines.

INTELLECTUAL PROPERTY
What is Intellectual Property? The law, among others, defines intellectual property as consisting of: 1) 2) 3) 4) 5) 6) 7) Patents; Industrial Designs; Trademarks and Service Marks; Copyright and Related Rights; Geographical Indications; Layout-designs (Topographies) of Integrated Circuits; and Protection of Undisclosed Information.

Hence, the law provides protection for the aforementioned subjects. In addition to the list, the current intellectual property right system provides protection to utility models under the IP Code and to new plant varieties under Republic Act No. 9168 which was signed into law and took effect on July 20, 2002. What is a Patent? A Patent is a grant issued by the Philippine Government giving an inventor the right to exclude others from making, using or selling his invention within the Philippines in exchange for his patentable information or disclosure (Quid Pro Quo). Under the current statute, the right includes the exclusion of others from importing the invention. Patents, in many jurisdictions, refer to titles granted to inventions only. In the Philippines, patent had been used in its generic sense, to include titles to inventions, utility models and industrial designs. Under the new IP Code, the meaning of patent is made to refer to the title granted to protect an invention
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defined as any technical solution of a problem in any field of human activity which is new, involves inventive step and is industrially applicable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. What is the First-to-File Rule in Patents? The First-to-File Rule provides that if two or more persons have made the invention separately, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or the earliest priority date. What is a Utility Model? A Utility Model is any technical solution of a problem in any field of human activity which is new and industrially applicable. A utility model may be, or may relate to, a useful machine, an implement or tool, a product or composition or an improvement of any of the foregoing. What is an Industrial Design? An Industrial Design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; provided, that such composition or form gives a special appearance and can serve as a pattern for an industrial product or handicraft. What is a Trademark? A Trademark is a system providing protection for mark, collective mark and tradename. Mark means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. Collective mark means any visible sign designated as such in application for registration capable of distinguishing the origin or any other common characteristics, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. Tradename means the name or designation identifying or distinguishing an enterprise.
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What are Copyrights and Related Rights? A Copyright is the protection extended to expressions and not to ideas, procedures, methods of operation or mathematical concepts. Such expressions may be in the form of literary, scholarly, scientific and artistic works. Related Rights refer to the protection extended to derivative works, to include among others, dramatizations, translations, adaptations, abridgements, arrangements, and other alterations of literary or artistic works. What are Geographical Indications? Geographical Indications are indications that identify a good as originating in the territory of a country or a region or locality in the territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. What is a Layout-design of integrated circuits? A Layout-design is synonymous with topography and means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture. Integrated Circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function. Layout-designs of integrated circuits are not industrial designs in the sense of the laws providing for the registration of industrial designs because they do not determine the external appearance of integrated circuits. Moreover, layout-designs of integrated circuits are not normally patentable inventions because their creation does not require an inventive step, although it requires a great amount of work by an expert. What is Undisclosed Information? Natural and legal persons may prevent information lawfully within their
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control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: a. Is secret in the sense that it is not, as a body or in precise configuration and assembly of its components, generally known among or readily accessible to person within the circles that normally deal with the kind of information in question; b. Has commercial value because it is secret; and

c. Has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret. What Plant Varieties shall be qualified for protection? Plant varieties that are new, distinct, uniform and stable are qualified for protection.

THE INTELLECTUAL PROPERTY OFFICE & ALLIED AGENCIES

Did the IP Code created an office to administer and implement the policies declared in its provisions? If yes, what are its functions? Yes. The IP Code created the Intellectual Property Office (IPO) which have the following functions: a. Examine applications for grant of letter patents for inventions and register utility models and industrial designs; b. Examine applications for the registration of marks, geographic indications, and integrated circuits; c. Register technology transfer arrangements and settle disputes involving technology; d. Transfer payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer; e. Promote the use of patent information as a tool for technology development;
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f. Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered; g. Administratively adjudicate contested proceedings affecting intellectual property rights; and h. Coordinate with other government agencies and the private sector on efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. What is the organizational structure of the IPO? To what department does it belong? The Office is headed by the Director General and is assisted by two (2) Deputies Director General. The Office is divided into six (6) bureaus, each of which is headed by a Director and assisted by an Assistant Director. These bureaus are: 1) 2) 3) 4) 5) 6) Bureau of Patents; Bureau of Trademarks; Bureau of Legal Affairs; Documentation, Information and Technology Transfer Bureau; Management Information System and EDP Bureau; and Administrative, Financial and Personnel Services Bureau.

Formerly, the IPO was under the Department of Trade and Industry as provided in RA 8293; now it is under the Office of the President as per Executive Order No. 39 issued on October 2001. Other than the Intellectual Property Office, what other government agencies are involved in the registration of certain intellectual property rights? The other agencies involved in the registration of certain intellectual property rights are: 1) The National Library and the Supreme Court Library wherein certain copyrightable works shall be for the purpose of completing their records be registered and deposited with them; and 2) The National Plant Variety Protection Board wherein new plant varieties may be registered with.
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PROCEDURES
How may one apply for a patent, trademark, utility model and industrial design at the IPO?

PATENT APPLICATION
1. Application for Invention Patent

The application for grant of patents for inventions must be filed with the Bureau of Patents (BOP) of the IPO. All applicants shall submit a request for the grant of a patent together with the description and the claims of invention. 2. Formality and Search Examination

Upon receipt of the application, the examiner shall check if the application satisfies the formal requirements needed for the grant of a filing date. The date of filing is very important under the present First-to-File System because it serves to determine, in case of a dispute with another applicant for the same invention, who has the right to the patent. 3. Publication of Unexamined Application

After the formality examination, search and classification in the field of technology to which the invention is assigned, the application together with the results of the search (which contains a list of published patent applications or issued patents for inventions identical or equivalent to those claimed by the application) will be published in the IPO Gazette after the expiration of 18 months from the filing date or priority date. After the publication of the application, any person may present observation in writing concerning the patentability of the invention. Such observation shall be communicated to the applicant who may comment on them. 4. Request for Substantive Examination

Substantive Examination is conducted upon request and must be filed within six (6) months from the date of the publication. The application is considered withdrawn if no request is made within that period. If the examiner finds reason to refuse the registration of the application, i.e. the application is not new, inventive or industrially applicable, the BOP shall notify the applicant of the reason for the refusal/rejection eventually giving the applicant the chance to defend or amend the application.
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5.

Decision to Grant Patent or Decision of Refusal

If the examiner finds no reason for refusal of the application, or if the notice of reason for refusal is satisfactorily complied with by amendment or correction, the examiner shall issue a decision to grant the patent, otherwise the examiner shall refuse the application. 6. Inspection of Records

The grant of a patent together with other information shall be published in the IPO Gazette within six (6) months. Any interested party may inspect the complete description, claims and drawings of the patent on file with the IPO. 7. Appeal

Every applicant may appeal to the Director of Patents the final refusal of the examiner to grant the patent within two (2) months from the mailing date of such final refusal. The decision or order of the Director shall become final and executory 15 days after receipt of a copy by the appellant unless within the same period, a motion for reconsideration is filed with the Director or an appeal to the Director General is filed together with the prescribed fee.

TRADEMARK APPLICATION
1. Application for Trademark Registration

The application for registration of a trademark must be filed with the Bureau of Trademarks (BOT) of the IPO. All applicants shall submit the following indications and elements in English or Filipino to be granted a filing date: a. An express or implicit indication that the registration of a mark is sought; The identity of the applicant; Indications sufficient to contact the applicant or his representative, if any; A reproduction of the mark whose registration is sought;

b. c.

d.

e.

The list of goods or services for which the registration is sought; The payment of the prescribed filing fee.

f. 2.

Formality and Examination

Upon receipt of the application, the examiner shall examine if the application complies with the formal requirements. 3. Substantive Examination

The examiner shall perform substantive examination for a trademark application. He shall check the distinctiveness and registrability of the mark based on the law. The IP Code provides that a mark cannot be registered if: a. The trademark is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date; b. The trademark is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by a competent authority to be well-known internationally, whether or not it is registered here, as being already the mark of a person other than the applicants and used for identical or similar goods or services; or c. The trademark consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation of it. If the examiner finds that the application fails to meet any of these requirements, the BOT shall notify the applicant of the reason for the refusal/ rejection. The applicant, shall within a period of 60 days from mailing date of the notice complete or file an opinion and/or amendment to the application as required, or else the application shall be deemed withdrawn. 4. Allowance or Refusal of Application for Trademark Registration

If the examiner finds no reason to refuse the application, or if the notice of reasons for refusal is satisfactorily complied by amendments/or corrections, the examiner shall recommend allowance for the mark and the subsequent publication of the mark for opposition.
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5. Post-Grant Opposition System After allowance by the examiner, the application is published in the IPO Gazette to give all interested parties an opportunity to oppose the registration of the trademark by petition with the IPO Bureau of Legal Affairs. The period to file an opposition is one month from the date of the application. If no opposition is filed within the said period and upon payment of the prescribed fee, the Certificate of Registration will be issued. The issuance of the certificate shall be published in the IPO Gazette and shall be entered in the records of the IPO. 6. Appeal

Every applicant for the registration of a mark or other mark of ownership may, upon the final refusal of the examiner to allow registration, appeal the matter to the Director of Trademarks within two (2) months from the mailing date of the action under appeal. The decision or order of the Director shall become final and executory 15 days after receipt of a copy of it by the appellant unless within the said period, a motion for reconsideration is filed with the Director or an appeal to the Director General is filed together with the payment of the required fee. The decision of the Director General is appealable to the Court of Appeals. If the applicant is still not satisfied with the decision of the Appellate Court, applicant may appeal to the Supreme Court.

UTILITY MODEL/ INDUSTRIAL DESIGN APPLICATION

1. Application for Utility Model or Industrial Design

The application for registration of utility model or industrial design must be filed with the BOP of the IPO. All applicants shall submit a request for registration of the utility model or industrial design together with the description, claims, drawings, or a pictorial representation disclosing completely the utility model or industrial design, and the prescribed fee. 2. Formality Examination

The utility model or industrial design shall be examined as to the completeness of the requirements for the grant of a filing date. Under the present First-to-File System, the date of filing is very important because it determines in case of a dispute with another applicant for the same or
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similar utility model or industrial design, who has the prior right and is therefore entitled to the registration of the utility model or industrial design. 3. Applicants Action on the Formality Examination Report

Within two months from the mailing date of the formality examination report, the applicant may: a. b. c. convert the utility model application for an invention patent; withdraw or amend the application; request for a registrability report; or

The registrability report shall be given to the applicant within two (2) months from receipt of the request and payment of prescribed fee from the applicant. The report must contain citations of relevant prior art documents with appropriate indications as to their degree of relevance which will serve as an aid to the applicant or to third parties including judicial and quasi judicial bodies in the determination of the validity of the utility model or industrial design claims in respect to newness. d. not act in anyway

If the application meets all the formal requirements for registration and the BOP does not receive any action from the applicant, the utility model or industrial design application will be published in the IPO Gazette. If the applicant has previously requested for a registrability report, the publication shall include the registrability report. 4. Effects of Adverse Information

Within two (2) months from publication of the utility model or industrial design application, any interested party may request the Director of Patents for a registrability report and/or furnish the Director of Patents information, evidence or data in writing and under oath, showing that the utility model or industrial design is not new. The Director of Patents may require such third party to submit relevant and collateral facts or data to substantiate the information. Within two (2) months from receipt of the request and/or adverse information, he will decide whether or not to register the utility report, if one has been requested. He may also issue a registrability report on his own within the same two-month period.
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5.

Registrability of the Utility Model or Industrial Design

If the applicant satisfactorily complied with the requirements, the Director of Patents issues the registration of the utility model or industrial design. If the Director of Patents receives no adverse information within the two-month period from publication, he will certify to that effect and direct the preparation and issuance of the certificate of registration with effect as to the date of publication of the utility model or industrial design application. Any interested party may file a petition for cancellation with the IPOs Bureau of Legal Affairs to oppose the registration of the utility model or industrial design. 6. Appeal

Every applicant may appeal to the Director General the final refusal of the Director of Patents to register the utility model or industrial design by filing a notice of appeal and payment of the prescribed fee. The decision of the Director General is appealable to the Court of Appeals. If the applicant is still not satisfied with the decision of the Appellate Court, he may appeal and elevate his case to the Supreme Court.

TERMS OF PROTECTION
What are the terms of protection for intellectual property rights? The terms of protection are as follows: a. For Patent, the term of protection is 20 years from the filing date of the application. The patent shall, however, take effect on the date of the publication of the grant of the patent in the IPO Gazette. Furthermore, to maintain the effectivity of a patent, the annual fee shall be paid upon the expiration of four (4) years from the date the patent application was published, and on each subsequent anniversary. b. For utility model, the term of protection is seven (7) years from the filing date of the application.
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c. For industrial design, the term of protection is five (5) years from the date of application. The term may be renewed for not more than two (2) consecutive periods of five (5) years from the filing of the application. d. For trademark, the term of protection is 10 years from the filing date of the application, provided that a declaration of actual use is filed within three (3) years from the filing date and within one (1) year after the 5th anniversary from the same filing date. The term can be extended by indefinite renewals. e. For layout-designs, the term of protection is 10 years from the filing date of the application. f. For copyrights, the term of protection is generally the lifetime of the author and 50 years thereafter. The term is from the moment of creation. Certain related rights may have shorter terms. g. For new plant varieties, the period of protection for trees and vines is 25 years from the date of the grant of the certificate of registration. For all other types of plants, the period of protection is 20 years. After the term of protection of a certain intellectual property has lapsed or expired, does the intellectual property become public property? After the term of protection of a certain intellectual property has lapsed or expired, the intellectual property becomes public property. As for a lapsed/expired patent, anybody can make, use, sell or import the product, like the pharmaceutical paracetamol.

GOING INTERNATIONAL (Treaties)

Is the Philippines a member of international treaties or conventions related to intellectual property? If yes, what are those treaties or conventions that include the Philippines as a member? Yes. The international treaties or conventions related to intellectual property and which count the Philippines as a member are: 1. Convention Establishing the World Intellectual Property Organization (WIPO) (since 1980)
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The WIPO is an intergovernmental organization based in Geneva, Switzerland, and is responsible for the promotion of the intellectual property throughout the world through cooperation among States, and for the administration of various Unions, each founded on a multilateral treaty and dealing with the legal and administrative aspects of intellectual property. 2. Paris Convention for the Protection of Industrial Property (since 1965) The Paris Convention applies to industrial property in the widest sense, which includes inventions, marks, industrial designs, utility models (a kind of small patent provided for by the laws of some countries), trade names (designations under which an industrial or commercial activity is carried on), geographical indications (indications of source and appellations of origin) and the repressions of unfair competition. The substantive provisions of the Convention fall into three main categories namely; the national treatment, right of priority and the common rules. 3. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (since 1981) The main feature of this treaty is that a contracting state which allows or requires the deposit of microorganisms for the purposes of patent procedure must recognize, for such purposes, the deposit of a microorganism with any international depositary irrespective of whether such authority is on or outside the territory of the said state. Disclosure of the invention is a requirement for the grant of patents. Normally, an invention is disclosed by means of a written description. Where an invention involves a microorganism or the use of a microorganism, disclosure is not possible in writing but can only be effected by the deposit with a specialized institution of a sample of the microorganism in particular regarding the inventions relating to food and pharmaceutical fields. Thus, in order to eliminate the need to deposit in each country in which protection is sought, the Treaty provides that the deposit of a microorganism with any international depositary authority suffices for the purposes of patent procedure before the national patent offices of all contracting states and before any regional patent office (if such regional office declares that it recognizes the effects of the Treaty).
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What the Treaty calls an international depositary authority is a scientific institution, typically a culture collection which is capable of storing microorganisms. Such an institution acquires the status of international depositary authority through the furnishing by the contracting State in the territory of which it is located of assurances to the Director General of WIPO that the said institution complies and will continue to comply with certain requirements of the said Treaty. 4. Berne Convention for the Protection of Literary and Artistic Works (since 1951) This Convention rests on three basic principles and contains series of provisions that determines the minimum protection to be granted, as well as special provisions available to developing countries which want to make use of them namely: a. Works originating in one of the contracting states (that is, works which where first published in a particular state and of which the author is a national) 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); b. Such protection must not be conditional upon compliance with any formality (principle of automatic protection); c. Such 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 than the minimum prescribed by the Convention and the work ceases to be protected in the country of origin, protection may be denied. 5. Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (since 1984) This Convention secures protection in performances of performers, phonograms of producers and broadcasts of broadcasting organizations. However, the Rome Convention allows exceptions in national laws to the abovementioned rights as regards private use; use of short excerpts in connection with the reporting of current events; ephemeral fixation by a broadcasting organization by means of its own facilities and for its own broadcasts and use solely for the purpose of teaching or scientific research and in other cases, except for compulsory licenses that would be incompatible
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with the stipulated provisions of the Berne Convention. Furthermore, once a performer consented to the incorporation of his performance in a visual or audio-visual fixation, the provisions on the performers rights have no more application. The protection under this convention last at least until the end of a period of 20 years computed from the end of the year in which (a) the fixation was made, as for phonograms and for performances; (b) performances took place, but performances are not incorporated in phonograms; and (c) the broadcast took place as for broadcast. National laws however provides for a 50-year term of protection, at least for phonograms and for performances. 6. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (since January 1995) The TRIPS Agreement, one of accords under the agreement establishing the World Trade Agreement (WTO) requires, among others, minimum standards concerning the availability, scope and use of the intellectual property rights covering copyrights and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs (topographies) of integrated circuits, protection of undisclosed information and control of anti-competitive practices in contractual licenses. 7. Patent Cooperation Treaty (PCT) (since August 2001)

This Treaty makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an international patent application. Such an application may be filed by anyone who is a national or resident of a contracting state. It may generally be filed with the National Patents Office of the contracting state of which the applicant is a national or resident, or at the applicants option with the International Bureau of WIPO in Geneva. If the applicant is, however, a national or resident of a contracting state which is party to the European Patent Convention, the Harrare Protocol on Patents and Industrial Designs (Harrare Protocol) or the Eurasian Patent Convention, the international application may also be filed with the European Patent Office (EPO), the African Regional Industrial Property Organization (ARIPO) or the Eurasian Patent Office (EAPO) respectively. This Treaty regulates in detail the formal requirements with which any international application must comply. Among all the contracting states, the applicant indicates those in which he wishes his international application to have effect (designated states).
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The effect of the international application in each designated state is the same as if a national patent application had been filed with the national patent office of that state. Where a designated state is party to the European Patent Convention, the applicant may and in the case of Belgium, Cyprus, France, Greece, Ireland, Italy, Monaco and the Netherlands, must opt for the effect of a European patent application. Where a designated state is party to the Eurasian Patent Convention, the applicant may opt for the effect of a Eurasian patent. Where a designated state is party to the Harrare Protocol, the applicant may and in the case of Swaziland, opt for the effect of an African Regional Industrial Property Organization (ARIPO) patent application. Where a designated state is a member of the African Intellectual Property Organization, the effect of the designation is automatically that of a regional application filed with African Intellectual Property Organization. The international application is then subjected to what is called an international search which is carried out by one of the major patent offices and results in an international search report, which is a listing of the citations of published documents that might affect the patentability of the invention claimed in the international application. If this international application is not withdrawn, it shall be published by the International Bureau and communicated to each designated office together with the international search report. If the applicant decides to continue with the international application with a view to obtaining national or regional patents, he can wait until the end of the 20th month after the filing of the international application or, where that application claims the priority of an earlier application until the end of the 20th month after the filing of that earlier application, to commence the national procedure before each designated office by furnishing a translation (where necessary) of the application into the official language of that office and paying for its usual prescribed fees. This 20-month period is extended further by another 10 months where the applicant chooses to ask for an international preliminary examination report, a report which is prepared by one of the major patent offices and which gives a preliminary and non-binding opinion on the patentability of the claimed invention. The applicant is also entitled to amend the international application during the international preliminary examination. 8. Internet Treaties WIPO Copyright Treaty, WIPO Performances & Phonograms Treaty (2002) These treaties deal with the intellectual property rights of performers (actors, musicians, singers etc.) and producers of phonograms or the
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persons or legal entities that took the initiative and had the responsibility for the fixation of the sounds. They are dealt with in the same instrument because most of the rights granted to performers are rights connected with their fixed, purely aural performances which are the subject matter of phonograms. Specifically, these treaties grant performers four (4) kinds of economic rights in their performances fixed in phonograms (not in audiovisual fixations, such as motion pictures) namely: a. Right of reproduction which is the right to authorize direct or indirect reproduction of the phonograms in any manner or form; b. Right of distribution which is the right to authorize the making available to the public of the original and copies of the phonograms through sale or other mode of transfer of ownership; c. Right of rental which is the right to authorize the commercial rental to the public of 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 enforced a system of equitable remuneration for such rentals; and d. Right of making available is the right to authorize the making available to the public, by wire or wireless means, any performance from a place and a time individually chosen by them. This right covers in particular, on-demand, interactive, making available through the Internet. These treaties also grant three (3) kinds of economic rights to performers with respect to their unfixed (live) performances namely: a. Right of broadcasting except in the case of rebroadcasting;

b. Right of communication to the public except where the performances is a broadcast performance; and c. Right of fixation.

Finally, these treaties grant performers moral rights namely: a. b. Right to claim to be identified as the performer; and Right to object to any distortions, mutilations or other modification
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that would be prejudicial to the performers reputation. As far as producers of phonograms are concerned, these treaties grant them four (4) kinds of rights (all economic) in their phonograms namely: the right of reproduction; the right of distribution; the right of rental; and the right of making available. These are the same rights given to performers and each of them is an exclusive right although subject to certain limitations and exceptions. On the other hand, as far as both performers and producers of phonograms are concerned these treaties provide that both enjoy the right to a single remuneration for the direct or indirect use of such phonograms, for the publication of such for commercial purposes, for broadcasting or for communication to the public. The term of protection under these treaties must be at least 50 years. The enjoyment and exercise of the rights provided cannot be subject to any formality. The treaties oblige the contracting parties to provide legal remedies against the circumvention of technological measures used by performers or phonogram producers in connection with the exercise of their rights and against the removal or altering of information, such as the indication of certain data that identify the performer, the performance, the producer of the phonogram, and the phonogram, necessary for the management (e.g., licensing, collecting and distribution of royalties) of said rights or rights management information. Furthermore, the treaties oblige each contracting party to adopt, in accordance with its legal system, the measures necessary to ensure their application. In particular, the contracting parties must ensure that enforcement procedures are available under their laws so as to permit effective action against any act of infringement of rights. Such action must include expeditious remedies to prevent infringement and remedies that constitute deterrents to further infringements.

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