Copyright registration in the Philippines. The Philippines, officially the Republic of the Philippines, is an archipelagic island country in Southeast Asia. The Philippines is considered to be an emerging market and a newly industrialized country, which has an economy transitioning from being based on agriculture to being based more on services and manufacturing. In addition, the country has a variety of natural resources and a globally significant level of biodiversity. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in the Philippines.
Copyright in Philippines
Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.
The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.
Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in Philippines early because early registration will give the author/owner of the work many advantages in the event of a dispute.
When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in Philippines will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.
Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in Philippines immediately to protect their rights and interests when there is an infringement.
Copyright registration in Philippines
Philippines is a member country of The Berne Convention for Copyright since 1951.
The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.
As Philippines is a contracting party of the Berne Convention, any work originating in Philippines will be given copyright protection in each of the Berne Convention member countries.
In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in Philippines is critical in order for the copyright owner to obtain evidence of copyright.
Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.
When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.
Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.
If copyright registration is not made, copyright owners will lose a big amount of money as well as time needed to resolve issues related to copyright, proving ownership of the original work.
If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.
Documents for copyright registration in Philippines
To obtain copyright registration in Philippines, the author of the work needs to prepare the following documents:
- Declaration of copyright registration in Philippines;
- Two copies of copyrighted work;
- Documents proving the right to apply;
- Written consent of co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned;
- Notarized identity card of the author or owner of the work;
- Power of Attorney, if the applicant is an authorized person;
- Notarized copy of the company’s business registration certificate (if the owner is a company).
The copyright law of Philippines
The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.
IPOPHL’s regulatory are:
- Examine applications and grant patents, or register utility models, industrial designs,
trademarks, geographical indication, and integrated circuits; - Help protect copyright by assisting in the facilitation of deposit of work with the National
Library - Register technology transfer arrangements
You can see a list of the Philippines IP firms here.