Peter Daniel C. Bugtas, Cpa Technical Expert Intellectual Property Office of The University and Innovation and Technology Support Office

PETER DANIEL C.
BUGTAS, CPA
Technical Expert
Intellectual Property Office of the University
and
Innovation and Technology Support Office
Civil Code of the

Philippines:
Article 712. Ownership is acquired by
occupation and intellectual
creation.
What is IP?
Intellectual property is the
creation or product of the
human mind.
What is IP?
Intellectual Property
describes ideas, inventions,
technologies,
artworks,
music and literature, that
are intangible when first
created,
but
becomes
valuable in tangible form as
products
WHY DO WE PROTECT IP?

The State 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 period as may be provided by law.
-Sec. 3, Art. XIV 1987 Constitution
I.P. LAW
Intellectual property is governed by a
special law, Republic Act 8293 (IP Code)
with certain provisions amended by
Republic Act 10372.
Under the IP Code, the term intellectual
property right consists of
PROTECTED RIGHTS:
Protected IP Rights
Copyright and Related
Rights
Patents and Utility

Models
Industrial Designs
Protected IP Rights
Layout-Designs
(Topographies) of
Integrated Circuits
Trademarks,
Service Marks,
Collective Marks
Protected IP Rights
Geographical
Indications
Undisclosed
Information
WIPO STUDY:
ECONOMIC CONTRIBUTION OF
COPYRIGHT
Total contribution to
GDP
4.82% (PhP 144 B)
Total employment
11.10% (317,000)
Total imports
7.67%
Total exports
13.34%
THEHISTORY OF COPYRIGHT
LAWSTARTS WITH EARLY PRIVILEGES
AND MONOPOLIES GRANTED
TOPRINTERSOFBOOKS.
LICENSING OF THE PRESS ACT 1662

THE BRITISHSTATUTE OF ANNE1710
INITIALLY COPYRIGHT LAW WAS ONLY
APPLIED TO THE COPYING OF BOOKS.
What is copyright?
Copyright
is the legal
protection
extended to the
owner of the rights
in an original
work.
- WIPO(Publication No.
COPYRIGHT
A right over literary and

artistic works which are
original intellectual creations in
the literary and artistic domain
protected from the moment of
creation. (Sec. 171.1, IPC)
WHAT ARE THE ELEMENTS OF

COPYRIGHT PROTECTION?
1. ORIGINALITY Must have been created by
the authors own skill, labor, and judgment
without directly copying or evasively imitating
the work of another. (Ching Kian Chuan v. CA,
G.R. No. 130360, Aug. 15, 2001)
2. EXPRESSION Must be embodied in a
medium sufficiently permanent or stable to
permit it to be perceived, reproduced or
communicated for a period more than a
transitory duration.
Copyright is based on the principle of idea/expression
dichotomy, which means that while the authors have the
right to their original expression, the public is encouraged to
build upon ideas conveyed by a work.
Copyright
Books,
newspapers
Musical
compositions
Lectures, sermons, letters
Copyright
Paintings, sculptures, works of architecture
Original ornamental
designs
Maps, plans, sketches
Copyright
Photographic works
Copyright
Computer programs
Audiovisual and
cinematographic
works
Copyright
Derivative works:
a) Dramatizations, translations,
arrangements, and
works
other alterations of literary or artistic
b) Collections of literary, scholarly or

artistic
works, and compilations of data
N.B. Collection/compilation must

be original by reason of the
selection/arrangement of
contents.
UNPROTECTED SUBJECT MATTER

Idea, concept, principle procedure,
system, method or operation discovery
or mere data
News, items of press information
Pleadings
Translation of laws
Work of the government
Format of TV Programs
Statutes
Accrual of Right
Works are protected by
the
sole fact of their
creation, irrespective of
the mode or form of
expression, as well as
their content, quality
How is Copyright
obtained?
Copyright protection is
automatic.
Protection exists at the
moment of creation.
Registration & Deposit:
National Library/Supreme
Court Library
(IPO-PHL Office Order No. 13171)
RIGHTS UNDER
COPYRIGHT
1. Economic Rights- enable the creator
to obtain remuneration from the
exploitation of his works by third
parties
2. Moral Rights- make it possible for
the creator to undertake measures to
maintain and protect the personal
connection between himself and the
work
Economic Rights
Reproduction
Transformation
First public distribution
Rental
Public display
Public performance
Communication to the public
Moral Rights
To require that authorship be

attributed to him;
To make any alterations;
To object to any distortion;

and
To restrain the use of his
name.
Related Rights
Performers' rights
Rights of producers of
sound recordings
Rights of broadcasting
organizations
Who owns the

copyright?
Author: natural person
Co-author: joint authorship
Each parts
author:
separable parts
Who owns the

Copyright?
Under employment
contract employee: not part
of regular duties
employer: part of
regular duties
Commissioned work
creator
Duration of Protection
orig/derivative
joint authorship
ano-/pseudonymous
applied art
photo/audiovisual
life + 50 yrs a.d.

last life + 50 yrs a.d.
50 yrs fr.public./making
25 yrs fr. making
50 yrs fr.public./making
Is there a limitation to copyright?

Statutory Fair Use
Making of quotations from published work
Inclusion in a publication, etc., by way of
illustration for teaching purposes
Use by the Govt, or educational, scientific
or professional institution
Fair Use
Purposes: criticism/comment,news,
teaching, research, decompilation
Factors:
Purpose & character of the use
Nature of copyrighted work
Amount & substantiality
Effect upon potential market/value
What constitutes copyright violation?

Sec. 216. Infringement. A person infringes a right protected
under this act when one:
(a)Directly commits an infringement;
(b) Benefits from the infringing activity of another person
who commits an infringement if the person benefiting has
been given notice of the infringing activity and has the
right and ability to control the activities of the other
person; or
(c) With knowledge of the infringing activity, induces, causes
or material contributes to the infringing conduct of another.
COPYRIGHT INFRINGEMENT vs
PLAGIARISM
INFRINGEMENT is the doing by any person, without the
consent of the owner of the copyright, of anything the sole right
to do which is conferred by statute on the owner of the
copyright. The act of lifting from anothers book substantial
portions of discussions and examples and the failure to
acknowledge the same is an infringement of copyright. (Habana
v. Robles, G.R. No. 131522, July 19, 1999)
PLAGIARISM is the practice of claiming or implying original
authorship of (or incorporating material from) someone elses
written or creative work, in whole or in part, into ones own
without adequate acknowledgment.
PROCEDURE FOR REGISTRATION

1. Submission of Accomplished RDF
2. Review of RDF
3. Payment of Fee
Code Origin
Basic Fee (PhP)
Courier (PhP)
Total
FIT for NLP AE
C01
Manila 200
300
CO2
Regions
200
C03
Bulk
(50 works and above) 200
125
300
625
250
4. Reception of Documents
750
200
5.
6.
7.
8.
Encoding and Scanning

Transmittal to IPFOU
Transmittal to Cashier
Release of Certificate
Credits to IPO-PHLs:
Atty. Louie Andrew C. Calvario
Attorney VI
Office of the Director General
Atty. Antonio A.R. Mendoza
Legal and Policy Consultant
Luwin M. Dela Concha
Intellectual Property Rights
Specialist III
THANK YOU
For Copyright Registration Inquiries.
Visit the
Intellectual Property Office of the University Innovation and Technology Support Office,
2nd Floor, Administration Building,
ESSU Main Campus.

Peter Daniel C. Bugtas, Cpa Technical Expert Intellectual Property Office of The University and Innovation and Technology Support Office

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Peter Daniel C. Bugtas, Cpa Technical Expert Intellectual Property Office of The University and Innovation and Technology Support Office

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Copyright:

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PETER DANIEL C.

Civil Code of the

WHY DO WE PROTECT IP?

Patents and Utility

LICENSING OF THE PRESS ACT 1662

A right over literary and

WHAT ARE THE ELEMENTS OF

Lectures, sermons, letters

Paintings, sculptures, works of architecture

Maps, plans, sketches

other alterations of literary or artistic

b) Collections of literary, scholarly or

N.B. Collection/compilation must

UNPROTECTED SUBJECT MATTER

First public distribution

Communication to the public

To require that authorship be

To make any alterations;

To object to any distortion;

Who owns the

Who owns the

life + 50 yrs a.d.

Is there a limitation to copyright?

What constitutes copyright violation?

PROCEDURE FOR REGISTRATION

Basic Fee (PhP)

FIT for NLP AE

Encoding and Scanning

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