Sociology Index


Intellectual Property Rights

Intellectual Property Code of the Philippines is officially known as Republic Act No. 8293. The Philippine copyright law is based on United States copyright law and the principles of the Berne Convention for the Protection of Literary and Artistic Works. Philippine copyright law, unlike other copyright laws, also protect patents, trademarks, and other forms of intellectual property. Apart from Philippine copyright laws there are also other laws that protect copyrights, like the Optical Media Act, which protects music, movies, computer programs and video games. Copyright implementation is done with the coordination of the Intellectual Property Office IPO and the Copyright Division of the National Library of the Philippines.

Duration of copyright

The Intellectual Property Code sets the following for the duration of copyright protection of different works in the Philippines:

Copyrights generally last 25 years for corporate works, which include product designs and logos.

The Intellectual Property Code also protects pending copyrights by providing automatic copyrights, a move similar to automatic copyright provisions in United States copyright law, as stated in the code since provisions in the code provide for automatic copyright once the work has been made.

Fair use
Section 185 of the Intellectual Property Code provides for fair use of copyrighted material is based on the United States fair use doctrine.

Moral rights: Moral rights, which can be exercised by any copyright holders, like individuals, corporations, are enshrined in Chapter 10 of the Intellectual Property Code. However, Section 193 of the code, which also outlines a copyright holder's moral rights, makes these rights independent of economic rights outlined in Section 177 of the code. Under Philippine copyright law, moral rights are relatively expansive on the behalf of the copyright holder.
In the Philippines, the term of moral rights, unless they were waived, is the same as the term of copyright of a literary work (lifetime plus 50 years). Violation of moral rights may be contested as a violation of the Civil Code.

Ownership of copyright
Philippine copyright law expressly gives copyright ownership to the copyright holder. Since Philippine law permits automatic copyright, a copyright notice is not needed.

Government copyright
Government copyright under Philippine copyright law is established in Section 176 and its subsections. Under the section, all official Philippine texts of a "legislative, administrative, or judicial nature" or any official translation of those kinds of texts may not be copyrighted and are in the public domain.
Apart from government documents, no work of the Philippine government, as well as the works of government-owned or government-controlled corporations, can be copyrighted. However, prior approval is needed if a government work will be used for making a profit.