PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Edward King Chua and Maria Patricia Cruz, Villaraza & Angangco
1.2 Conventions and Treaties/Rights of Foreign IP Holders The Philippines is a signatory to the following key trea - ties and agreements relating to trade marks, copyright and related rights: • the Paris Convention for the Protection of Industrial Property (acceded to in 1965); • the Convention Establishing the World Intellectual Property Organization (ratified in 1980); • the Agreement on Trade-Related Aspects of Intel - lectual Property Rights (acceded to in 1994); • the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (acceded to in 2012); • the Berne Convention for the Protection of Literary and Artistic Works (acceded to in 1951); • the Rome Convention for the Protection of Per - formers, Producers of Phonograms and Broadcast - ing Organisations (acceded to in 1984); • the World Intellectual Property Organization (WIPO) Copyright Treaty (acceded to in 2002); • the WIPO Performances and Phonograms Treaty (acceded to in 2002); • the Beijing Treaty on Audiovisual Performances (acceded to in 2021); • the Marrakesh Treaty to Facilitate Access to Pub - lished Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (acceded to in 2018); • the Agreement Between WIPO and the World Trade Organization (acceded to in 1995); and • the Association of Southeast Asian Nations Frame - work Agreement on Intellectual Property Coopera - tion (acceded to in 1995).
tion for marks that were first used or registered after the IP Code came into effect on 1 January 1998. However, for marks used before the IP Code came into effect, good-faith prior use remains a valid basis for claiming ownership under Section 236. In addition, the first-to-file and first-to-register principle assumes good faith on the part of the applicant/registrant. If the application/registration was made in bad faith, such prior user shall be protected against the applicant/ registrant. Unregistered marks are also protected through unfair competition claims under Section 168 of the IP Code. To establish unfair competition, it must be shown that: • the appearance of the marks involved is identical, or there is confusing similarity; and • there was intent to deceive the public and defraud a competitor. Section 159.1 of the IP Code protects a good-faith prior user of an unregistered mark from liability for infringement against the owner of a registered identi - cal or similar mark. Lastly, Section 165.2 protects trade names, whether registered or not, against unlawful acts by third par - ties, regardless of any registration requirements under other laws or regulations. Copyright The recognition and protection of creative works in the Philippines are primarily anchored in statutory law, particularly the IP Code, which states that creative works are protected from the moment of their crea - tion. However, jurisprudence also plays a crucial role in shaping the interpretation and enforcement of these legal provisions. Legislation sets the framework by defining the rights, responsibilities and enforcement mechanisms for creators, while case law clarifies and applies these principles to specific disputes, offering practical guidance. In certain instances, judicial inter - pretations become the basis for developing codified regulations and implementing guidelines, further refin - ing the legal landscape.
2. Trade Mark Ownership, Protection and Rights
2.1 Types of Trade Marks Protection for Trade Marks
Under the IP Code, a “mark” is any visible indication capable of distinguishing an enterprise’s goods (trade mark) or services (service mark), including a stamped or marked container of goods. As a result, any visual symbol can be registered as a trade mark in the Philip - pines, such as:
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