TOPIC 1

FIELDS OF INTELLECTUAL PROPERTY

PROTECTION
Basics of Copyrights and Related Rights
In the previous topic we’ve familiarize ourselves about the concept of Intellectual Property. For
this lesson we will now continue to explore the different aspects/fields of intellectual property
protection. For this part we will be discussing the basics of Copyrights and Related Rights.

Learning Outcome:

At the end of this topic, you must be able to:

➢ Known the basic of Copyright and Related Rights

➢ Applied the learning’s on situations or scenarios involving Copyright and Related
Rights

Let’s Begin!
To help you prepare for our topic ahead, let us now answer the following activity.

Instruction: Read the statements below and determine whether they are TRUE
Activity 1 or FALSE. If it is TRUE write ‘AYE’, if it is FALSE write ‘NAY’.

You can face large fines for breaching copyright.

You are not allowed to copy pictures and sell them.

You can go to jail for breaching copyright.

There is no need to copyright short stories.

Copyright can be bought or sold.

You can sell someone else's copyright without permission.

Computer software is not copyrighted.

Foreign language books are copyrighted.

Musicians don't get royalties when others play their music.

You're allowed to play music cd's at paid public functions.

 Let’s Process!
TALK TO ME!

1. In our activity I’ve asked you to determine whether the statements are true or false, why
do you think it is necessary to know which ones are true or false? Why do you think it is
important to know about these? Explain your answer.
2. As an individual who might create works or arts or literary pieces in the future, do you
think it is necessary to protect your rights as the owner of an artistic or creative works?
Why or why not? Justify your answer.

Let’s Discuss!

Copyright and Related Rights

What is Copyright Law and Related Rights?

Copyright law is a branch of that part of the

law which deals with the rights of intellectual
creators. Copyright law deals with particular
forms of creativity, concerned primarily with
mass communication (WIPO, 2004).

Copyright laws grant authors, artists and

other creators protection for their literary and
artistic creations, generally referred to as
“works”.

As stated by WIPO (n.d) ‘related rights’ is a

closely associated field of Copyright. It
encompasses rights similar or identical to
those of copyright, although sometimes more limited and of shorter duration. The
beneficiaries of related rights are:

• Performers (such as actors and musicians) in their performances;

• Producers of phonograms (for example, compact discs) in their sound recordings; and
• Broadcasting organizations in their radio and television programs.
What works are covered by copyright?

According to WIPO (n.d) Works covered by copyright include, but are not limited to: novels,
poems, plays, reference works, newspapers, advertisements, computer programs,
databases, films, musical compositions, choreography, paintings, drawings, photographs,
sculpture, architecture, maps and technical drawings.
Article 2 of the Berne Convention states that: “The expression ‘literary and artistic works’ shall
include every production in the literary, scientific and artistic domain, whatever may be the mode
or form of its expression.”

What rights do copyright and related rights provide?

The creators of works protected by copyright, and their heirs and successors (generally referred
to as “right holders”), have certain basic rights under copyright law. They hold the exclusive right
to use or authorize others to use the work on agreed terms. The right holder(s) of a work can
authorize or prohibit:

• Its reproduction in all forms, including print form and sound recording;
• Its public performance and communication to the public;
• Its broadcasting;
• Its translation into other languages; and
• Its adaptation, such as from a novel to a screenplay for a film.
Similar rights of, among others, fixation (recording) and reproduction are granted under related
rights.

What Types of Rights does Copyright Provide?

a. Economic Rights: refer to the rights of the author or copyright owner to derive
financial reward from the use of his works by others.

b. Moral Rights: refer to the rights of the author to claim authorship of the work (Right
of Paternity) and the right to restrain the use of his name with respect to any work not of his own
creation or a distorted version of his work.

How are copyright and related rights regulated?

Copyright and related rights protection is obtained automatically without the need for
registration or other formalities. However, many countries provide for a national system of
optional registration and deposit of works. These systems facilitate, for example, questions
involving disputes over ownership or creation, financial transactions, sales, assignments and
transfer of rights (WIPO, n.d.).

Limitations on Copyright Protection

• Temporal
Copyright does not continue indefinitely. The law provides for a period of time, a duration,
during which the rights of the copyright owner exist.
• Geographic
The second limitation or exception to be examined is a geographical limitation. The owner of
the copyright in a work is protected by the law of a country against acts restricted by
copyright which are done in that country.
• Permitted Use
Certain acts normally restricted by copyright may, in circumstances specified in the law, be
done without the authorization of the copyright owner. Some examples of such exceptions
are described as “fair use.”
• Non-Material Works
In some countries, works are excluded from protection if they are not fixed in some material
form. In some countries, the texts of laws and of decisions of courts and administrative bodies
are excluded from copyright protection.
• Miscellaneous
In addition to exceptions based on the principle of “fair use” other exceptions are to be found
in national laws and in the Berne Convention. For example, when the broadcasting of a work
has been authorized, many national laws permit the broadcasting organization to make a
temporary recording of the work for the purposes of broadcasting, even if no specific
authorization of the act of recording has been given. (WIPO, 2004)
Piracy and Infringement

• The rights of an owner of copyright are infringed when one of the acts requiring authorization
of the owner is done by someone else without his consent. The unauthorized copying of
copyright materials for commercial purposes and the unauthorized commercial dealing in
copied materials is known as “piracy.” (WIPO, 2004)
What are the remedies available to an owner of a copyright against an infringer?

The copyright owner can file a criminal, civil or administrative action for copyright infringement.
A criminal case for copyright infringement must be filed in the court situated in the place where
the violation occurred. The administrative suit is filed at the Bureau of Legal Affairs at the
Intellectual Property Office of the Philippines. A civil infringement lawsuit is filed in the
appropriate court located at the place where the defendant resides/is located, or where the
plaintiff resides/is located, at the option of the plaintiff (Federis Law, n.d.).

What are the penalties provided by Philippine law for copyright infringement?

Under Philippine law, copyright infringement is punishable by the following:

1. Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for
the first offense.

2. Imprisonment of 3 years and 1 day to six years plus a fine of between 150,000 to 500,000
pesos for the second offense.

3. Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 to
1,500,000 pesos for the third and subsequent offenses.
The offending party may also be ordered to pay civil damages.
Injunction and destruction of the infringing goods or products can also be obtained, as well as
seizure and impounding of any article which may serve as evidence in the court proceedings.
(Federis Law, n.d.)
How to apply for copyright registration in the Philippines?

https://www.aumentolaw.com.ph/wp-content/uploads/Copyright-Registration-and-Deposit-Flowchart.jpg
 Let’s Answer!

Activity 1: Analyze!

Instruction: Analyze and read the scenarios below. Base on the question that follows provide
your insight or judgment on the scenario presented. Explain your answer. (10 pts each)

Scenario 1:
Leslie enjoyed writing stories. She dreamed of becoming a famous writer someday, thus she compiles
all of here short stories in a notebook in hopes of getting it published.

One day her cousin Paul, found her compiled stories and found it very interesting, thus without Leslie
knowing he decided to steal her notebook and brought to the publishing housed and had it published
under his name.
Question:
Who do you think will have the right of ownership to the published stories? Is Leslie or Paul? Please
exxplain your answer.

Scenario 2:
Edgardo enjoys watching the latest action movies in cinemas; however because of the pandemic he
is not able to do this activity. Thus, he contents himself in watching movies on Netflex.
While browsing Facebook he saw a Facebook post providing link to latest action movies that you will
be able to watch or download for free from an fb group or a host site.
Since, Edgardo loves movie he could not pass up the opportunity to watch and download movies for
free, he even shares the movies to friends through live streaming or selling copies for some cash.
Question:
Do you think Edgardo is committing copyright infringement/s? Why or why not? Please explain your
answer.

Grading Criteria

Content - 35%
Coherence - 30%
Quality of information - 20%
Sentence structure, grammar, mechanics and spelling - 15%_
100%
References

PDF

WIPO. (2004). WIPO Intellectual Property Handbook. Retrieved from

https://www.wipo.int/edocs/pubdocs/en/wipo_pub_489.pdf

WIPO. (n.d.) What is Intellectual Property?. Retrieved from

https://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf

Electronic Sources

Federis Law. Copyright. Retrieved from http://www.federislaw.com.ph/faqs-

resources/copyright/#:~:text=In%20the%20Philippines%2C%20copyright%20protection,also
%20applies%20to%20posthumous%20works.

IPOHIL. Copyright. Retrieved from https://www.ipophil.gov.ph/services/copyright/

National Library of the Philippines (2020). Copyright Registration. Retrieved from

http://web.nlp.gov.ph/nlp/?q=node/646
TOPIC 2

FIELDS OF INTELLECTUAL PROPERTY

PROTECTION
Basics of Geographical Indication
In this topic of our module we will now discuss about the concept of regionalism and we will also
focus on the creation of ASEAN and the possibilities as a regional bloc.

Learning Outcome:

At the end of this topic, you must be able to:

➢ Known the basic of Geographical Indication

➢ Applied the learning’s on situations or scenarios involving Geographical Indication

Let’s Begin!

Instruction: Observe the picture below carefully. And answer the question/s that
Activity 1 follows.

https://www.dictionary.com/e/champagne/

What comes to your mind when you read the word “Champagne” in the bottle? Where do you
think the word “Champagne” came from? Put your answer in the think bubble
 Let’s Process!

TALK TO ME

After observing the picture, and reading the word “Champagne”, what do you think is the
importance of having a certain product or brand associated to your municipality, city, province
or even country? Explain your answer.

Let’s Discuss!

https://in.linkedin.com/company/gitagged-geographical-
indications

Geographical indication is a sign used on

What is Geographical Indication?
goods that have a specific geographical origin
and possess qualities or a reputation due to
that place of origin. Most commonly, a geographical indication consists of the name of the place
of origin of the goods.
“Champagne,” “Cognac,” “Roquefort,” “Chianti,” “Pilsen,” “Porto,” “Sheffield,” “Havana,”
“Tequila,” “Darjeeling”—are some well-known examples for names which are associated
throughout the world with products of a certain nature and quality.

Whether a sign functions as a geographical indication is a matter of national law and

consumer perception. Geographical indications may be used for a wide variety of agricultural
products, such as, for example, “Tuscany” for olive oil produced in a specific area of Italy, or
“Roquefort” for cheese produced in that region of France.

What is an appellation of origin?

An appellation of origin is a special kind of geographical indication used on products that have a
specific quality exclusively or essentially due to the geographical environment in which the
products are produced. The term geographical indication encompasses appellations of origin.
Examples of appellations of origin that are protected in states party to the Lisbon Agreement for
the Protection of Appellations of Origin and their International Registration are “Bordeaux” for
wine produced in the Bordeaux region of France, “Prosciutto di Parma” – or Parma ham – for ham
produced in the Parma province of Italy or “Habana” for tobacco grown in the Havana region of
Cuba.

Why do geographical indications need protection?

Geographical indications are understood by consumers to denote the origin and quality of
products. Many of them have acquired valuable reputations which, if not adequately protected,
may be misrepresented by commercial operators. False use of geographical indications by
unauthorized parties, for example “Darjeeling” for tea that was not grown in the tea gardens of
Darjeeling, is detrimental to consumers and legitimate producers. The former are deceived into
believing they are buying a genuine product with specific qualities and characteristics, and the
latter are deprived of valuable business and suffer damage to the established reputation of their
products.

What is the difference between a geographical indication and a trademark?

A trademark is a sign used by a company to distinguish its goods and services from those
produced by others. It gives its owner the right to prevent others from using 16 the trademark. A
geographical indication guarantees to consumers that a product was produced in a certain place
and has certain characteristics that are due to that place of production.

How are geographical indications protected?

Geographical indications are protected in accordance with national laws and under a wide range
of concepts, such as laws against unfair competition, consumer protection laws, laws for the
protection of certification marks or special laws for the protection of geographical indications or
appellations of origin. In essence, unauthorized parties may not use geographical indications if
such use is likely to mislead the public as to the true origin of the product. Applicable sanctions
range from court injunctions preventing unauthorized use to the payment of damages and fines
or, in serious cases, imprisonment.
Are GI’s protected in the Philippines?

In the Philippines, Geographical Indications are protected under the Trademarks section of the
Intellectual Property Code as collective marks one of the several legal mechanisms to protect a
product as a GI. The government is currently taking steps and ways to further strengthen our GI
system.

Let’s Answer!

Activity 1

Instruction: Guimaras Mangoes and the Tau’ Sebu T'nalak are example of known and
registered Philippine GI products, if you have the chance to recommend a potential GI product
from your municipality or province or country what would it be and why?(20pts)

Grading Criteria

Content - 35%

Coherence - 30%

Quality of information - 20%

Sentence structure, grammar, mechanics and spelling - 15%_

100%

References

PDF

WIPO. (2004). WIPO Intellectual Property Handbook. Retrieved from

https://www.wipo.int/edocs/pubdocs/en/wipo_pub_489.pdf

WIPO. (n.d.) What is Intellectual Property?. Retrieved from

https://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf

Electronic Sources

IPOHIL (2020). IPOPHL Progresses Further Toward Strong Local GI Protection System. Retrieved
from https://www.ipophil.gov.ph/news/ipophl-progresses-further-toward-strong-