Legal HD Episode 64 - Intellectual Property Code

Share

Summary

This episode of Legal Help Desk discusses the Intellectual Property Code of the Philippines (RA 8293), covering copyrights, patents, and trademarks. Guests Attorney Rod Vera and Attorney Bayani Loste explain the differences between these intellectual properties, the registration processes, validity periods, and penalties for infringement. They also address common viewer questions regarding fake goods, plagiarism, digital content, and commissioned works.

Highlights

Introduction to Intellectual Property Code
00:00:31

The episode begins by highlighting the creativity and innovativeness of Filipinos, which led to the enactment of RA 8293, the Intellectual Property Code of the Philippines. This law protects the rights of scientists, inventors, and artists, fostering domestic creative activity, attracting foreign investors, and ensuring market access for products. The hosts emphasize the importance of understanding this code due to common infringements.

Defining Copyrights, Patents, and Trademarks
00:04:46

Attorney Rod Vera defines the three main branches of Intellectual Property Law: copyrights (for artistic or literary ideas), patents (for utilitarian inventions), and trademarks (for logos, business names, or brands). He provides examples like trademark infringement for fake luxury goods and discusses the nuance of a recent Levi's Supreme Court case where a local company was not found guilty due to clear signage that it wasn't the original brand. They also tackle copyright infringement in photocopying entire books for personal use in law school, deeming it a violation.

Patents, Software, and Trade Secrets
00:11:10

The discussion further clarifies patents with an example of a unique car rack design. Software is generally under copyright, but if integrated with hardware, it can be patented. Recipes, unless part of a book or presentation, are not copyrightable, but can be protected as trade secrets, like KFC's secret recipe, which avoids registration to maintain secrecy.

Registration Process for IP Rights
00:14:00

Attorney Loste explains the registration process: Patents require a detailed application with diagrams and examination by the Intellectual Property Office (IPO) for novelty, industrial applicability, and clarity, offering 20 years of protection. Trademarks also undergo IPO application to ensure uniqueness and non-similarity to existing marks, providing 10 years of protection with renewal options. Copyright, however, is protected from the moment of creation, and registration with the National Library or IPO is mainly for deposit and prima facie proof of ownership, not creation.

Validity Periods and Royalties
00:20:10

The validity periods for various copyrighted works are outlined: literary works (lifetime of author plus 50 years), applied arts (25 years), photographic works (50 years from publication/making), audiovisual works (50 years from publication/making), sound recordings (50 years from end of recording year), and broadcast recordings (20 years). The team discusses the controversial 'Happy Birthday' song and its ownership by Warner, leading to royalties for commercial use but not for private gatherings. The issue of paying royalties for playing music in public establishments (collected by PhilSCRAP) is also addressed.

Penalties for IP Infringement and Digital Content
00:26:05

The legal implications of copyright infringement include criminal penalties, ranging from fines to jail time, with escalating penalties for repeat offenses. Downloading movies or music, even for personal iPod use, is considered infringement and falls under the E-commerce Act, carrying potential jail time and significant fines. The hosts clarify that streaming content might be a legal 'gray area' in terms of creation of a 'copy' but is still subject to public performance rules if done in a public setting. Intellectual property rights are private rights, meaning the owner must initiate legal action, not the government.

Plagiarism, Proving Creation, and Online Content
00:30:23

The discussion moves to plagiarism, which is considered a form of reproduction and infringement, regardless of commercial intent, especially if sources are not cited. Proving the 'moment of creation' for copyright (like a timestamp for digital works) is a challenge. For physical works, the IP code presumes ownership with the plaintiff if the defendant doesn't dispute it. They address using online photos without permission, clarifying that social media posts do not waive copyright unless explicitly stated in a notarized document. They also note that news reporting allows for use of photos with proper accreditation.

Ownership of Commissioned Works and Final Reminders
00:38:33

For commissioned works, like websites, the person who paid owns the work, but the copyright belongs to the author (creator), unless explicitly stipulated in a contract. This means the client owns the physical creation, but the developer holds the copyright for reproduction. The hosts advise viewers to read contracts carefully and ensure non-disclosure agreements are in place for intellectual property protection. They conclude by reminding viewers about the moral and legal aspects of intellectual property, discouraging the purchase of fake goods and illegal downloads to support original creators, and providing advice on real estate laws.

Recently Summarized Articles

Loading...