PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
3.10 Related Rights Certain copyrightable works can also be pro - tected by other forms of IP rights, such as trade marks and industrial designs. A name or adver - tising slogan that falls squarely under trade marks, logos and figurative devices can be pro - tected under both copyright and trade marks if it complies with the requirements of each pro - tection. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration In the Philippines, trade mark rights are primarily established through registration. A trade mark owner acquires through valid registration the exclusive right to use a mark for specific goods and/or services, and to prevent others from using the same or similar mark for the same or related goods and/or services. Only a registered trade mark owner can file a trade mark infringe - ment claim against the unauthorised use of an identical or confusingly similar mark. Prior use is no longer recognised as a means of claiming ownership over a mark that was first used after the IP Code came into effect. None - theless, prior use can be the basis of a claim of fraudulent or bad-faith registration, and unfair competition. As a general rule, the IPOPHL applies the same requirement of distinctiveness for the registrabil - ity of marks. However, additional requirements may apply to certain types of marks. Non-tradi - tional marks often need to demonstrate acquired distinctiveness to qualify for registration. For trade dress, the appearance of products or packaging must be non-functional apart
• PHP760 for big entities; and • PHP560 for small entities.
Each application will cover only one work. The IPOPHL, however, accepts bulk registrations covering not less than ten works at a discounted fee of PHP210 per application, provided that all works fall under the same category and are cre - ated by the same author or joint authors. 3.9 Refusal of Registration An application for copyright registration may be denied by the BCRR director if: • the work does not fit within the statutorily defined categories of a “work” under the IP Code; or • the work is the subject of prior registration. Under IPOPHL Memorandum Circular 2020-040, in relation to IPOPHL Memorandum Circular 2020-025, a decision of the BCRR director to deny the application for copyright registration can be appealed to the Office of the Director General (ODG) of the IPOPHL. The appeal may be taken by filing an appeal memorandum with - in 30 days of notice of a decision or final order appealed from. The decision of the ODG becomes final and executory 15 days after receipt of a copy thereof by the parties, unless appealed to the Court of Appeals. No motion for reconsideration of the decision or order of the ODG is allowed. Amendments/corrections of the application are allowed only if they are substantial in nature and upon written request and payment of the required fee.
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