INTELLECTUAL

PROPERTY
RIGHTS
Elbenson Rescober, ChE
 Intellectual Property (IP)
What is Intellectual Property?

▸ Intellectual Property refers to creations of the mind:

inventions; literacy and artistic works; and symbols, names
and images used in commerce. (WIPO Publication No. 450E)

▸ IP is protected in law by, for example, patents, copyright and

trademarks to earn recognition or financial benefit from what
they invent or create. By striking the right balance between the
interests of innovators and the wider public interest, the IP
system aims to foster an environment in which creativity and
innovation can flourish.
Intellectual Property (IP)
Intellectual Property Code of the Philippines
 Intellectual Property (IP)
Intellectual Property Code of the Philippines
SEC. 2. Declaration of State Policy.

– The State recognizes that an effective

intellectual and industrial property system is
vital to the development of domestic and
creative activity, facilitates transfer of
technology, attracts foreign investments,
and ensures market access for our products.
– It shall protect and secure the exclusive
rights of scientists, inventors, artists and other
gifted citizens to their intellectual property and
creations, particularly when beneficial to the
people, for such periods as provided in this
Act.
 Intellectual Property (IP)
What are the two categories of IP?

1. INDUSTRIAL PROPERTY includes patents for inventions,

trademarks, industrial designs and geographical
indications.

2. COPYRIGHT - collection of all rights enjoyed by the creator

and/or an author of an artistic or literary work.
 Types of Intellectual Property
What are the two categories of IP?

 Copyright
 Copyright is a legal term used to describe the rights that creators have over
their literary and artistic works. Works covered by copyright range from
books, music, paintings, sculpture and films, to computer programs,
databases, advertisements, maps and technical drawings.
 Patents
 Trademarks
 Industrial Designs
 Geographical Indications
Copyright
BULACAN school ordered to pay P608,450
for copyright infringement
The case stemmed from the complaint filed by
author and publisher Raymund Sta. Maria
Catabijan, who said the school copied his work
books and sold reproductions to its students.
La Concepcion College was ordered by the
IPOPHL to pay Catabijan the total amount of
P608,450.00 as damages.

A sheriff from the IPOPHL, with the assistance of

the IPOPHL-IPR Enforcement Office and the
Philippine National Police (PNP), served the writ
of execution against the complainant last
October 16, 2014.
 ABS-CBN files P127-M copyright case vs 'Willing
Willie'
Among the acts of plagiarism listed in the complaint are:

(1) Willing Willie’s opening song and/or dance number led by its
host;

(2) Wowowee’s “BIGA-TEN” versus Willing Willie’s “Big Time Ka”;

(3) Wowowee’s “Willie of Fortune” versus Willing Willie’s “Willtime

Bigtime,” which contain portions where the contestants tell their
personal stories and showcase their talents before they play a
singing and/or trivia game;

(4) the dancers/characters of Wowowee are also appearing in Willing

Willie, most notable of whom is April “Congratulations” Gustilo; and,

(5) the set design, stage, studio viewers’ seats lay-out, lighting and
camera angles of Willing Willie are also strikingly similar to
Wowowee.
 ABS-CBN FILES LAWSUIT AGAINST 22 PIRATE SITES IN US
FEDERAL COURT FOR COPYRIGHT AND TRADEMARK
Subject Domain Name INFRINGEMENT
cinesilip.net In a continuing effort to protect its intellectual property from global piracy,
pinoychanneltv.me Filipino media and entertainment network ABS-CBN recently filed a Complaint
pinoytambayantv.me and a Motion for Temporary Restraining Order in U.S. Federal District Court
npinoytambayanreplay.net
drembed.com against 22 pirate websites for damages of over US$40 million. On May
embeds.me 1, the federal judge in the case granted a preliminary injunction order. All of the
fullpinoymovies.com domains are currently blocked and shut down.
lambingan.ph
magtvna.com
“As mentioned before, we are committed to implementing the zero tolerance
pinoye.com
pinoyteleserye.org policy on piracy of ABS-CBN Global COO Raffy Lopez. We know that over
pinoytvnetwork.net ninety percent of these pirate sites contain malware which can harm people by
pinoytopmovies.info stealing the banking and personal information from their computers or phones.
teleserye.me We will continue to shut down these pirate sites to protect the public from harm.
watchpinaytv.com There is only one genuine ABS-CBN internet subscription service that is safe
wildpinoy.net for our fans to use and that is TFC and TFC.tv,” said ABS-CBN AVP & Head of
pinoy-hd.com
Global Anti-Piracy Elisha Lawrence.
pinoytvreplay.ws
pinoychannel.co
wowpinoytambayan.ws
pinoytelebyuwers.se
 COPYRIGHT

Works are protected from the moment of creation

Not protected are ideas, procedure, system,
method of operation, discovery, concept or mere
data
No copyright for government works (but prior
approval from the government agency is required
for the exploitation of such work profit)
Classification of Copyright

1. Economical Rights – because they enable the creator to

obtain remuneration from the exploitation of his works by third
parties

2. Moral Rights – which makes it possible for the creator to

undertake measures to maintain and protect the personal
connection between himself and the work.
Classification of Copyright

1. Economical Rights
 Transformation First public distribution
 Rental
 Public display
 Public performance
 Other communication to the public of the work

2. Moral Rights
• Right of Attribution
• Right of Alteration
• Right of Integrity (object to any prejudicial distortion)
• Right to restrain use of his name.
• Resale right
 COPYRIGHT protects creators of:

Orginal work
 Literary
 Dramatic
 Musical
 Artistic
 Other forms of expressions: (sound recordings,
audiovisual/cinematographic works, sound/tv broadcasts,
pictorial illustrations and advertisements, other scholarly
or scientific works)
 New Works Protected

 Computer programs
 Multimedia
 Databases
 Software protected a literary work
 Where to file the application?

 The owner of the copyright may file an

application for a certificate of registration and
deposit of copies or reproduction of the works or
works personally or via registered mail with the
Copyright Division of the National Library and the
Supreme Court Library
 Exclusive rights of creators of:

 Literary, dramatic, & musical works

 Reproduce
 Publish if unpublished
 Perform in public/or display in public
 Broadcast
 Include in cable program
 Make an adaptation/dramatization/translation
 Right to first sale
 Rental right
 Exclusive rights of creators of:

 Literary, dramatic, & musical works

 Reproduce
 Publish if unpublished
 Perform in public/or display in public
 Broadcast
 Include in cable program
 Make an adaptation/dramatization/translation
 Right to first sale
 Rental right
 Copyright Duration

 Life time plus 50 years after death

• Literary works and unpublished works
• Works of join authorship (from death of last
surviving author)
• 50 years from the date of publication/making
• Anonymous/pseudonumous
• Photographic and audiovisual works
• Sound recordings and performances
 Penalties

 First Offense: imprisonment of 1 to 3 years

and fine of Php 50,000 to Php 150,000
 Second Offense: imprisonment of 3 to 6
years and find of Php 150,000 to php
300,000
 Third Offense: imprisonment of 6 to 9
years and find of Php 500,000
 Fair Use

Copyright protection is not intended to give the

copyright owner absolute control over all possible
exploitation of his work.

The law provides for limitations (“statutory fair uses”)

on the economic rights of authors comprising of acts
which do not constitute copyright infringement even if
done without the consent of the copyright holder, such
as:
 Fair Use

Factors in determining what is “Fair Use”

 Purpose and character of the use
 Nature of the copyrighted work
 Amount and substantiality of the portion
used in relation to the work as a whole
 Effect of the use upon the potential market
for or value the work.
 SUMMARY
1. Literary and artistic works are protected from the moment of their
creation under COPYRIGHT.
2. Rights under copyright are classified into two: economic and cultural.
3. Intellectual Property Code of the Philippines (RA 8293) is the law that
implements the protection of IP right in the Philippines
4. Deposit work personally or via registered mail with the Copyright
Division of the National Library and the Supreme Court Library.
5. Life of the author + 50 years is the term of protection provided to
copyright owners.
6. Government works are not protected by copyright, but approval is
needed prior using their work commercially.