PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
• 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 identical or similar mark. Lastly, Section 165.2 protects trade names, whether registered or not, against unlawful acts by third parties, 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 creation. However, jurispru - dence 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 enforce - ment mechanisms for creators, while case law clarifies and applies these principles to specific disputes, offering practical guidance. In certain instances, judicial interpretations become the basis for developing codified regulations and implementing guidelines, further refining the legal landscape. 1.2 Conventions and Treaties/Rights of Foreign IP Holders The Philippines is a signatory to the following key treaties 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 Intel - lectual Property Organization (ratified in 1980);
• the Agreement on Trade-Related Aspects of Intellectual Property Rights (acceded to in 1994); • the Protocol Relating to the Madrid Agree - ment Concerning the International Registra - tion 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 Performers, Producers of Phonograms and Broadcasting 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 Performanc - es (acceded to in 2021); • the Marrakesh Treaty to Facilitate Access to Published 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 Framework Agreement on Intellectual Prop - erty Cooperation (acceded to in 1995).
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 indi - cation 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, such as the following, can be registered as a trade mark in the Philippines:
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