Business Protection Laws PDF

BUSINESS PROTECTION LAWS UNDERSTANDING THE COURSE The OFFICE shall have custody of all records, books, drawings, specifications, documents, and o...

BUSINESS PROTECTION LAWS UNDERSTANDING THE COURSE The OFFICE shall have custody of all records, books, drawings, specifications, documents, and other papers and things relating to intellectual property rights IP is any product or result of a mental process that is given legal protection against applications filed with the Office. unauthorized use. It has been transformed from a dormant area of law and business to one of the driving engines of high technology economy. BUREAU OF PATENT deals with applications for an invention patent. It is a For these reasons, discussion will be made on the registration and protection of government-issued grant, bestowing an exclusive right to an inventor over a intellectual property on the following areas or types of IP: patents, copyrights, product or process that provides any technical solution to a problem in any field of trademarks and trade secrets. human activity which is new, inventive, and industrially applicable. Intellectual properties (IP) come in four (4) categories. They may be (1) A PATENT is an exclusive right that allows the inventor to exclude others from copyright; (2) patent; (3) trademark; or (4) industrial design. They are protected making, using, or selling the product of his invention during the life of the patent. under the laws of the Philippines which is Republic Act No. 8293, otherwise PATENT OWNERS may also give permission to, or license, other parties to use known as the Intellectual Property Code of the Philippines. It primarily governs their inventions on mutually agreed terms. OWNERS may also sell their invention intellectual property rights in the country. rights to someone else, who then becomes the new owner of the patent. In addition, thereto, the Philippines adheres to the Paris Convention for the BUREAU OF TRADEMARK deals with applications for registration of a word, Protection of Industrial Property Rights and the Agreement of Trade-Related a group of words, sign, symbol, logo or a combination thereof that identifies and Aspects of Intellectual Property Rights also known as the TRIPS Agreement. differentiates the source of the goods or services of one entity from those of others. Republic Act No. 10372 signed on February 28, 2013 amends certain provisions of RA No. 8293. The Bureau of Legal Affairs (BLA), pursuant to Sec. 10 of Republic Act 8293, also known as the Intellectual Property Code of the Philippines (IP Code), as COPYRIGHT is the legal protection extended to the owner of the rights in an amended, has the administrative jurisdiction to: original work. 1. Hear and decide Inter Partes cases (IPC) such as: “ORIGINAL WORK” refers to every production in the literary, scientific and artistic domain. 1. Opposition to the application for registration of marks; 2. Cancellation of trademarks; Among the literary and artistic works enumerated in the IP Code includes; 3. Cancellation of patents, utility models, and industrial designs; and - books and other writings, 4. Petitions for compulsory licensing of patents; - musical works, - films, 2. Exercise original jurisdiction in administrative complaints for violations of - paintings and other works, and laws involving intellectual property rights (IPV -- Intellectual Property - computer programs. Violation) where the total damages claimed are not less than Two hundred thousand pesos (P200, 000). Provisional remedies such as temporary Copyright laws grant authors, artists and other creators automatic protection for restraining order, preliminary injunction and attachment may be granted in their literary and artistic creations, from the moment they create it. accordance with the Rules of Court. The DIRECTOR has the power to hold A PATENT is a grant given by the government to inventors/applicants in return and punish for contempt all those who disregard orders or writs issued in the for disclosing an Invention. It is a legal right to exclusively exploit the invention course of the proceedings and after hearing impose administrative penalties. for the life of the patent. The term of protection for a Patent is (20) years from the This includes: date of filing in the Philippines, with no possibility of renewal. 1. Infringement of trademark; A TRADEMARK is a word, a group of words, sign, symbol, or a logo that 2. Unfair competition; identifies and differentiates the source of the goods or services of one entity from 3. Infringement of patent, utility model and industrial design; those of others. 4. Infringement of copyright and related rights; Thus, a mark; 5. False designation of origin (1) must be a visible sign and 3. The Director of the BLA, after trial, may impose the following (2) must be capable of distinguishing one’s goods and services from those administrative penalties: of another. 1. The issuance of a cease and desist order which shall specify the acts An INDUSTRIAL DESIGN in a legal sense, constitutes the ornamental aspect of that the respondent shall cease and desist from and shall require him an article. An industrial design may consist of three-dimensional features, such as to submit a compliance report within a reasonable time which shall be the shape of an article, or two-dimensional features, such as patterns, lines or color. fixed in the order; INTELLECTUAL PROPERTY OFFICE - FUNCTIONS 2. The acceptance of a voluntary assurance of compliance or discontinuance as may be imposed. Such voluntary assurance may Intellectual Property System include one or more of the following: The intellectual property (IP) system relates to rights and obligations, as well as 1. An assurance to comply with the provisions of the intellectual privileges and incentives--all rooted from the creation and protection of IP, which property law violated; “refers to creations of the mind: inventions; literary and artistic works; and symbols, 2. An assurance to refrain from engaging in unlawful and unfair names, and images used in commerce.” acts and practices subject of the formal investigation; IP rights as basic human rights involve “the right to benefit from the protection 3. An assurance to recall, replace, repair, or refund the money of moral and material interests resulting from authorship of scientific, literary, or value of defective goods distributed in commerce; and artistic productions.” (Art. 27, Universal Declaration of Human Rights). 4. An assurance to reimburse the complainant the expenses and Meanwhile, the 1987 Philippine Constitution mandates their protection costs incurred in prosecuting the case in the Bureau of Legal “particularly when beneficial to the people”. (Art. XIV, Sec. 13) In the midst of Affairs. these seemingly conflicting interests of the creators and innovators and the public, the system seeks to strike a balance between them through legal safeguards. The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a bond to guarantee compliance of his undertaking; Otherwise put, the system seeks to provide an environment in which everyone 1. The condemnation or seizure of products which are subject of the offense. benefits from one’s creativity and innovation, especially since IP is a tool for The goods seized hereunder shall be disposed of in such manner as may be economic and socio-cultural development. deemed appropriate by the Director of Legal Affairs, such as by sale, Functions of the Intellectual Property Office (IPO). – donation to distressed local governments or to charitable or relief institutions, exportation, recycling into other goods, or any combination thereof, under To administer and implement the State policies declared under the law, the Intellectual Property Office (IPO) is created which shall have the following such guidelines as he may provide; functions: 2. The forfeiture of paraphernalia and all real and personal properties which (a) Examine applications for grant of letters patent for inventions and register have been used in the commission of the offense; utility models and industrial designs; 3. The imposition of administrative fines in such amount as deemed reasonable (b) Examine applications for the registration of marks, geographic indication, by the Director of Legal Affairs, which shall in no case be less than Five integrated circuits; thousand pesos (P5,000) nor more than One hundred fifty thousand pesos (c) Register technology transfer arrangements and settle disputes involving (P150,000). In addition, an additional fine of not more than One thousand pesos (P1,000) shall be imposed for each day of continuing violation; technology transfer payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing of the R.A. 8293 and develop and implement 4. The cancellation of any permit, license, authority, or registration which may strategies to promote and facilitate technology transfer; have been granted by the Office, or the suspension of the validity thereof for (d) Promote the use of patent information as a tool for technology development; such period of time as the Director of Legal Affairs may deem reasonable which shall not exceed one (1) year; (e) Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer 5. The withholding of any permit, license, authority, or registration which is arrangements registered; being secured by the respondent from the Office; 6. The assessment of damages; (f) Administratively adjudicate contested proceedings affecting intellectual property rights; and 7. Censure; and (g) Coordinate with other government agencies and the private sector efforts to 8. Other analogous penalties or sanctions. formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country.  BUSINESS PROTECTION LAWS CATEGORIES OF INTELLECTUAL PROPERTY OWNERSHIP AND REGISTRATION OF COPYRIGHT WHAT ARE THE INTELLECTUAL PROPERTIES IN THE WHAT IS A COPYRIGHT? PHILIPPINES? - Copyright is the legal protection extended to the owner of the rights in an INTELLECTUAL PROPERTIES come in three categories. They may be (1) original work. “Original work” refers to every production in the literary, copyright; (2) patent; or (3) trademark. They are protected under the laws of the scientific and artistic domain. Philippines which is Republic Act No. 8293, otherwise known as the Intellectual - Among the literary and artistic works enumerated in the IP Code includes Property Code of the Philippines. It primarily governs intellectual property rights books and other writings, musical works, films, paintings and other works, in the country. In addition, thereto, the Philippines adheres to the Paris Convention and computer programs. for the Protection of Industrial Property Rights and the Agreement of Trade- - Copyright laws grant authors, artists and other creators automatic protection Related Aspects of Intellectual Property Rights also known as the TRIPS for their literary and artistic creations, from the moment they create it. Agreement. Republic Act No. 10372 signed on February 28, 2013 amends certain provisions of RA No. 8293. Inter alia (means AMONG OTHERS) WHEN DOES COPYRIGHT PROTECTION START? No. 8293 1. Copyright DO YOU NEED REGISTRATION OF YOUR WORK TO ENJOY 2. Patent COPYRIGHT PROTECTION? 3. Trademark Other types of intellectual property: - In the Philippines, copyright need not be registered to be protected. The legal protection is given the moment a work is created. 4. Industrial Designs - An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional - However, there are advantages to registering one’s copyright. Being an features, such as the shape or surface of an article, or of two-dimensional official public record, copyright registration easily establishes one’s features, such as patterns, lines or color. ownership over a copyright. As such, a copyright registration helps facilitate transactions involving the ownership and transfer of the copyright such as 5. Geographical Indications - Geographical indications and appellations of sale, assignment and licensing. origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially Moreover, in an action involving copyright infringement, the copyright attributable to that place of origin. Most commonly, a geographical registration is evidence that copyright subsists in the work and that the public indication includes the name of the place of origin of the goods. is notified thereof. 6. Trade Secrets - Trade secrets are IP rights on confidential information - The owner of the copyright may file an application for issuance of certificate which may be sold or licensed. The unauthorized acquisition, use or of registration and deposit of copies or reproduction of the works with the disclosure of such secret information in a manner contrary to honest Copyright Division of the National Library and the Supreme Court commercial practices by others is regarded as an unfair practice and a Library. This may also be done through the Bureau of Copyright and violation of the trade secret protection. Related Rights (BCRR) of the Intellectual Property Office (IPO). What is the essence of TRIPS AGREEMENT? Does it mean to say registration of literary works with the IPO is no longer essential to enjoy copyright protection? The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property. - No, it remains essential. The copyright registration is evidence that copyright subsists in the work and that the public is notified thereof. Standards. In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum WHO OWNS THE COPYRIGHT? standards of protection to be provided by each Member-country. Each of the Generally, the author of the work holds the copyright to it but different rules may main elements of protection is defined, namely the subject-matter to be apply in the following situations: protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection. - If the work was created during and under the course of employment - Employee created the work using the resources The Agreement sets these standards by requiring, first, that the substantive - Work is commissioned obligations of the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne WHO OWNS THE COPYRIGHT IF MULTIPLE PERSON IS INVOLVED Convention for the Protection of Literary and Artistic Works (Berne IN ITS COMPLETION? Convention) in their most recent versions, must be complied with. The copyright belongs to different stakeholders in audiovisual works (producer, With the exception of the provisions of the Berne Convention on moral author of a scenario, music composer, film director, author of the work adapted into rights, all the main substantive provisions of these conventions are the audiovisual form) but subject to stipulations by the creators. incorporated by reference and thus become obligations under the TRIPS Agreement between TRIPS Member countries. WHO OWNS THE COPYRIGHT IN CASE OF JOINT EFFORT? The relevant provisions are to be found in Articles 2.1 and 9.1 of the TRIPS In joint authorship, the co-authors are the copyright holders and in the absence of Agreement, which relate, respectively, to the Paris Convention and to the an agreement, rules of co-ownership applies, except if the work’s parts can be used Berne Convention. Secondly, the TRIPS Agreement adds a substantial separately, and the corresponding authors can be identified in which case, each number of additional obligations on matters where the pre-existing author has copyright over his own part. conventions are silent or were seen as being inadequate. RIGHTS AND LIMITATIONS TO COPYRIGHT The TRIPS Agreement is thus sometimes referred to as a Berne and Paris- WHAT RIGHTS ARE COVERED BY COPYRIGHT? plus agreement. What works are protected by copyright? Enforcement. The second main set of provisions deals with domestic - Copyright protects both original and derivative works. procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR “Original work” refers to every production in the literary, scientific and artistic enforcement procedures. In addition, it contains provisions on civil and domain. The literary and artistic works include: books and other writings, music, administrative procedures and remedies, provisional measures, special paintings, sculptures, movies, photos, ornamental designs, computer programs and requirements related to border measures and criminal procedures, which other literary and artistic works. specify, in a certain amount of detail, the procedures and remedies that must “Derivative work” refers to works based upon one or more preexisting works. It be available so that right holders can effectively enforce their rights. includes dramatizations, translations, adaptations, abridgments, collections of Dispute settlement. The Agreement makes disputes between WTO Members literary, scholarly or artistic works. about the respect of the TRIPS obligations subject to the WTO's dispute WHAT ARE THE TWO (2) TYPES OF RIGHT COVERED UNDER settlement procedures. COPYRIGHT? In addition, the Agreement provides for certain basic principles, such as national Economic - Rights that enable the author to earn from his work, and gives him and most-favoured-nation treatment, and some general rules to ensure that control over the use of it, such as in its: procedural difficulties in acquiring or maintaining IPRs do not nullify the o Reproduction substantive benefits that should flow from the Agreement. The obligations under o Transformation First public distribution the Agreement will apply equally to all Member countries, but developing countries o Rental will have a longer period to phase them in. Special transition arrangements operate o Public display in the situation where a developing country does not presently provide product o Public performance patent protection in the area of pharmaceuticals. o Other communication to the public of the work. The TRIPS Agreement is a minimum standards agreement, which allows Member- Moral - Rights that govern the author’s connection to his work countries to provide more extensive protection of intellectual property if they so o Right of Attribution wish. Members are left free to determine the appropriate method of implementing o Right of Alteration the provisions of the Agreement within their own legal system and practice. o Right of Integrity (object to any prejudicial distortion) o Right to restrain use of his name.  BUSINESS PROTECTION LAWS WHAT ARE RIGHTS RELATED TO COPYRIGHT? - The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is still the most comprehensive multilateral agreement on - Persons / entities other than the author of a work, by virtue of their contributing intellectual property (IP). substantial creative, technical or organizational skill in the process of making the work available to the public, are also vested with related rights or It plays a central role in facilitating trade in knowledge and creativity, in neighboring rights. resolving trade disputes over IP, and in assuring WTO members the latitude to achieve their domestic policy objectives. - These rights are those enjoyed by (a) performers; It frames the IP system in terms of innovation, technology transfer and public welfare. (b) producers of sound recordings; and (c) broadcasting organizations. The Agreement is a legal recognition of the significance of links between IP and trade and the need for balanced IP system. WHAT ARE THE LIMITATIONS TO COPYRIGHT? WHAT COPYRIGHTED WORKS MAY BE DEPOSITED WITH THE Copyright protection is not intended to give the copyright owner absolute control IPOPHIL? over all possible exploitation of his work. The law provides for limitations (a) Books, pamphlets, articles and other writings; (“statutory fair uses”) on the economic rights of authors comprising of acts which (b) Periodicals and newspapers; do not constitute copyright infringement even if done without the consent of the (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, copyright holder. whether or not reduced in writing or other material form; Works That Are Not Protected by Copyright? (d) Letters; No copyright protection extends to any of the following; (e) Dramatic or musical compositions; choreography or entertainment in dumb shows; - Idea - Procedure (f) Musical compositions, with or without words; - System method or operation (g) Works of drawing, painting, architecture, sculpture, lithography or other - Concept or principle (generic) work of art, models or designs for works of art; engraving - Discovery or mere data, news, miscellaneous facts) (h) Original ornamental designs or models for articles of manufacture whether - Or any official text of a legislative, administrative or legal nature including or not registrable as an industrial design, and other works o applied art. official translations thereof (Sec. 175, IP Code). (i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; CONCEPT OF "FAIR USE" (j) Drawings or plastic works of a scientific or technical character; WHAT IS MEANT BY “STATUTORY FAIR USE” / “FAIR USE”? (k) Photographic works including works produced by a process analogous to - A FAIR USE, in its most general sense, is the act of copying of copyrighted photography; lantern slides; materials done for purposes such as commenting, criticizing, or parodying a (l) Audiovisual works and cinematographic works and works produced by a copyrighted work without the permission from the copyright owner. It is process analogous to cinematography or any process for making audio- used as a defense under copyright infringement. visual recordings; 4 FACTORS OF FAIR USE (m) Pictorial illustrations and advertisements; (n) Computer programs; and The Four Factors of Fair Use, are also observed in the Philippine judicial system (o) Other literary, scholarly, scientific and artistic works. in considering fair use. These are: (1) The purpose and character of your use, CONSEQUENCES OF COPYRIGHT VIOLATION (2) The nature of the copyrighted work, (3) The amount and substantiality of the portion taken, and WHAT CONSTITUTES COPYRIGHT VIOLATION? (4) The effect of the use upon the potential market. ANSWER: Copyright infringement occurs when there is a violation of the So, what does the law allow as Fair Use? economic rights granted to the copyright owner, or to the owners of related rights. EXAMPLE: If you performed your favorite Eraserheads hit music in your family It may also consist in aiding or abetting such infringement. reunion last Christmas, and you didn’t charge them a fee to hear you sing, that’s EXAMPLE: Photocopying of select pages of a reference book for personal use in fair use. school activity is "fair use" but the moment you sell those photocopies to your ANOTHER EXAMPLE: If you’re delivering a keynote address to fellow classmates, it becomes infringement of copyright because there is violation of graduates as Class Valedictorian and you borrowed the quote of your favorite economic rights already. writer, leader, philosopher or author, that’s fair use - so long as you credit the Another Example: If you transfer music from a lawfully acquired CD into a original creator whether in the written speech or in the delivery. (Accg. to Ninoy computer, then download it to a portable device for personal use, then you didn’t Aquino; Theodoro Roosevelt once said; let us not forget what Edgar Allan Poe commit infringement. But the moment you make multiple copies of the CD to sell, said.) then infringement occurs. - Other instances that may be considered fair use are situations wherein the original work is cited or imitated for personal use and education. Example: Is the reproduction of copyrighted material for personal purposes punishable thesis, dissertation, research and reaction papers. by this law? Various situations in real life point to actual instances for fair use but the balance - No. Infringement in this context refers to the economic rights of the of the right-holder and the user, is at the core of the discussion. copyright owner. So, if you transfer music from a lawfully acquired CD into a computer, then download it to a portable device for personal use, then you The rights of a copyright owner - i.e. the economic right and the moral rights - merit a separate in-depth discussion but understanding both sides of copyright, as we didn’t commit infringement. But if, for example, you make multiple copies delve into the role of both creator and end-user of the intellectual property, serves of the CD to sell, then infringement occurs. as a useful guide when to give credit where it is due, and when to use them with proper recognition to serve our purpose. EXAMPLE: If you transfer music from a lawfully acquired CD into a computer, then download it to a portable device for personal use, then you didn't commit ARE/WILL YOU still allowed to import books, DVDs, and CDs from abroad? infringement. But the moment you make multiple copies of the CD to sell, then infringement occurs. - Yes. In fact, the amendments to the Intellectual Property Code have removed the original limitation of three copies when bringing legitimately EXAMPLE: For P10T, X procured a music file of BTS from B who actually acquired copies of copyrighted material into the country. Only the downloaded it illegally from an unauthorized site. The packaging appears to be as importation of pirated or infringed material is illegal. good as legitimate. QUESTION: Can X be held liable for copyright infringement in this case? As long as they were legally purchased from legitimate source, you can bring to the Philippine jurisdiction as many copies you want, subject to Customs ANSWER: It depends. Evidence must be presented to show that X is a buyer in regulations i.e. payment of correct tariff and customs duties. bad faith. Only if it can be proven that the person benefiting from the music file has knowledge of the Infringement, and the power and ability to control the person IS THERE A COPYRIGHT LAW ON THE INTERNET? committing the infringement, that liability arise. ANSWER: Yes, The Philippines had acceded to the WIPO Copyright Treaty and Notes: If you love buying fake and pirated DVD’s you become part of crime. WIPO Performances and Phonograms Treaty (collectively known as the "WIPO Internet Treaties" in March 2002. The treaties entered into force here on Is the possession of, for example, a music file procured through an infringing October 4, 2002. activity a violation of this law? - The Internet Treaties were formulated to update and improve the protection ANSWER: Only if it can be proven that the person benefitting from the music file afforded by the existing copyright treaties. They ensure that the copyright has knowledge of the infringement, and the power and ability to control the person holders will continue to be protected when their works are disseminated committing the infringement. through the Internet.  BUSINESS PROTECTION LAWS WHAT IS JAILBREAKING? IS IT ILLEGAL? ACRONYMS - JAILBREAKING is the act of removing restrictions imposed by the IP Intellectual Property manufacturer to allow the installation of an unauthorized software. IPO Intellectual Property Office IP Code Intellectual Property Code ANSWER: No. Jailbreaking or rooting by themselves are not illegal. IPS Intellectual Property System However, downloading pirated material, or committing infringement with a IPR Intellectual Property Rights "jailbroken" phone increases the penalty and damages imposed on the person Found IPV Intellectual Property Violation guilty of infringement. IPOPHL Intellectual Property Office of the Philippines Jailbreaking (for iOS) and rooting (for Android) are examples of decompilation, RA Republic Act the process of removing the vendor-imposed limitations on tablets, mobile devices TRIPS Trade-Related Aspects of Intellectual Property Rights and other electronic gadgets. Though not illegal, decompilation may be in violation TRIPS Agreement of Trade-Related Aspects of Intellectual Property of your operating system's terms of use, and therefore may void your warranty. Agreement Rights BLA Bureau of Legal Affairs ARE MALL OWNERS LIABLE FOR INFRINGEMENT ACTIVITIES OF IPC Inter Partes Cases THEIR TENANTS? WIPO ANSWER: Mall owners are not automatically penalized for the infringing acts of Internet World Intellectual Property Organization Internet Treaties their tenants. When a mall owner or lessor finds out about an infringement activity, Treaties he or she must give notice to the tenant, then he or she will be afforded time to act WIPO World Intellectual Property Organization upon this knowledge. Any inaction despite knowledge is an act of tolerance o WTO World Trade Organization misfeasance which becomes punishable, so much so that the mall owner benefits NLP National Library of the Philippines from the rental payments of the infringing tenants. BCRR Bureau of Copyright and Related Rights - As we mentioned earlier, the law requires that one must have both proven BOC Bureau of Customs knowledge of the infringement, and the ability to control the activities of the OMB Optical Media Board infringing person, to be held liable. The mall owner must also have benefited NTC National Telecommunications Commission from the infringement. GATT General Agreement on Tariffs and Trade GDP Gross Domestic Product Is it legal for the Intellectual Property Office (IPO) to visit businesses to GNP Gross National Product conduct searches based on reports, information, and complaints? DVD Digital Versatile Disc ANSWER: YES. The Intellectual Property Office (IPO) may visit CD Compact Disc establishments based on reports, and complaints; this in itself is constitutional. RA Republic Act However, if the IPO intends to perform a search and seizure, it must comply with BTS Bangtan Sonyeondan constitutional requirements, such as having a search warrant. iOS iPhone Operating System Wi-Fi Wireless Fidelity - A search warrant wouldn't be required, however, if the IPO is accompanied WLAN Wireless Local Area Network by the Bureau of Customs or the Optical Media Board—two agencies that UDHR Universal Declaration of Human Rights can perform a search and seizure on their own right without a warrant (per Inter Alia Among Other Things Republic Act No. 1937 and 9239, respectively). Republic Act No. Intellectual Property Code of the Philippines TERM OF COPYRIGHT PROTECTION 8293 Republic HOW LONG DOES COPYRIGHT PROTECTION LAST? Act No. An Act Amending Certain Provisions of Republic Act No. 8293 (1) Generally, copyright protection lasts during the life of the author and for 10372 fifty (50) years after his death (Sec 213.1, IP Code). Additional Information (2) In case of works of joint authorship, the economic rights shall be protected The WTO is an intergovernmental organization that regulates and facilitates during the life of the last surviving author and for fifty (50) years after international trade. his death (Sec 213.2 IP Code). The WTO's headquarters are in Geneva, Switzerland. (3) In case of anonymous or pseudonymous works, the copyright shall be The WTO was established in 1948 as the General Agreement on Tariffs and protected for fifty (50) years from the date on which the work was first Trade (GATT). lawfully published: The WTO's Director-General is Ngozi Okonjo-Iweala, who was Provided, that where, before the expiration of the said period, the author’s reappointed for a second term in 2024. identity is revealed or is no longer in doubt, copyright protection shall last As of August 30, 2024 (and as of February 2025), the World Trade during the life of the author and for fifty (50) years after his death or in Organization (WTO) has 166 member countries. The WTO is the world's case of joint authorship, the economic rights shall be protected during the largest economic organization, representing more than 98% of global trade life of the last surviving author and for fifty (50) years after his death; and GDP. Provided further, that such works if not published before, shall be protected WORLD TRADE for fifty (50) years counted from making of the work (Sec 213.3, IP Code). ORGANIZATION MEMBERS WORLD TRADE ORGANIZATION Top 20 WTO Members by Trade CONTINENTS (4) In case of works of applied art, the protection shall be for a period twenty- Volume (Goods & Services) five (25) years from the date it was made (Sec. 213.4, IP Code). China 🇨🇳 Least Developed Countries (LDC) United States 🇺🇸 Africa (5) In case of photographic works and audio-visual works including those Germany (EU) 🇩🇪 Asia produced by process analogous to photography or any process for making Japan 🇯🇵 Commonwealth of Independent States (CIS) audio-visual recordings, protection shall be for fifty (50) years from publication of the work and if unpublished, fifty (50) years from the United Kingdom 🇬🇧 Europe making (Sec 213.5 and 213.6, IP Code). France (EU) 🇫🇷 Middle East Netherlands (EU) 🇳🇱 North America (6) In case of sound recordings, rights granted by the Intellectual Property South Korea 🇰🇷 Sount and Central America and the Code to performers and producers of sound recordings expire after the Caribbean lapse of fifty (50) years from the end of the year in which the performance Hong Kong, China 🇭🇰 took place; and in cases of sound or image and sound recordings and for Italy (EU) 🇮🇹 performances incorporated therein, fifty (50) years from the end of the year Canada 🇨🇦 in which the recording took place (Sec 215.1, IP Code). India 🇮🇳 (7) In case of broadcasts, the term shall be twenty (20) years from the date the Belgium (EU) 🇧🇪 broadcast took place (Sec 215.2, IP Code). Mexico 🇲🇽 Brazil 🇧🇷 Singapore 🇸🇬 Russia 🇷🇺 Australia 🇦🇺 Spain (EU) 🇪🇸 Switzerland 🇨🇭