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IP CODE - Republic Act No 8293

An act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes



Outline of the
Intellectual Property Code
(Republic Act No 8293)

1 Protected Works
2 Excluded Works
3 Territorial Coverage
of Copyrights
4 Scope of Copyright Protection
5 Ownership of Copyright
6 Transfer of Assignment
of Copyright
7 Limitations on Copyright
8 Length of
Copyright Protection
9 Copyright Enforcement
10 Penalties for Infringement
11 International Registration
of Works
12 Border Control

COPYRIGHT PROTECTED WORKS. Literary and artistic works are original intellectual creations in the literary and artistic domain. It shall include in particular the following (SECTION 172.1):

  1. Books, pamphlets, articles and other writings;
  2. Periodicals and newspapers;
  3. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
  4. Letters;
  5. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
  6. Musical compositions, with or without words;
  7. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
  8. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design and other works of applied art;
  9. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
  10. Drawings or plastic works of a scientific or technical character;
  11. Photographic works including works produced by a process analogous to photography; lantern slides;v
  12. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
  13. Pictorial illustrations and advertisements;
  14. Computer programs; and
  15. Other literary, scholarly, scientific and artistic works.

DEFINITIONS. For the purpose of this Act, the following terms have the following meaning (SECTION 171):

171.1. "Author" is the natural person who has created the work;

171.4. A "computer" is an electronic or similar device having information-processing capabilities, and a "computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular task or result;

171.10. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;

DERIVATIVE WORKS. The following derivative works shall also be protected by copyright:

  1. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
  2. (COMPILATION RIGHTS) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (SECTION 173.1) (Sec. 2, [P] and [Q], P.D. No. 49)

SEPARATE PROTECTION OF DERIVATIVE WORKS. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (SECTION 173.2) (Sec. 8, P.D. 49; Art. 10, TRIPS)

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