PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
2.5 Notices and Symbols Symbols such as ®, TM, SM or their equiva - lents are not required for the use of trade marks in the Philippines. However, using a “registered mark” symbol (®) creates a presumption that the infringer was aware of the potential for confu - sion, which is essential to recover damages in There is no definite delineation between the scopes of trade marks and copyrights. What matters is that the requirements for each appli - cable IP right are fulfilled, even if the same object fulfils multiple criteria. A logo or device, excluding its word elements, if any, can be eligible for copyright and trade mark protection separately. The exclusion of the word elements from copyright, however, avoids issues that may arise when copyrighting a word mark such as a surname. an infringement suit. 2.6 Related Rights 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works Copyrightable Works The IP Code provides a non-exhaustive list of literary and artistic works that are protected by copyright from the moment of their creation, including: • books, pamphlets, articles and other writings; • periodicals and newspapers; • lectures, sermons, addresses and disserta - tions prepared for oral delivery; • letters; • dramatic or dramatico-musical compositions; • choreographic works or entertainment in dumb shows;
• musical compositions; • drawings, paintings, architecture, sculptures, engravings and lithography; • models or designs for works of art; • original ornamental designs or models for articles of manufacture; • illustrations, maps, plans, sketches, charts and three-dimensional works relative to geog - raphy, topography, architecture or science; • drawings or plastic works of a scientific or technical character; • photographic works, including works pro - duced by a process analogous to photogra - phy; • lantern slides; • audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings; • pictorial illustrations and advertisements; and • computer programs. Copyright protection also applies to derivative works, such as: • dramatisations, translations, adaptations, abridgements, arrangements and other altera - tions of literary music works; • collections of literary, scholarly or artistic works; and • compilations of data and other materials that are original by reason of the selection, co- ordination or arrangement of their contents. Industrial Designs Under the IP Code, ornamental designs or mod - els for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art are copyrightable as long as they are original. Meanwhile, designs dictated essentially by technical or functional considera -
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