Maiden Issue | June 2022
Asia-Pacific Journal of IP management and Innovation
Message from the DLSU President
Br. Bernard S. Oca FSC
President
De La Salle University
Message from the Director General of the Intellectual
Property Office of the Philippines
Rowel S. Barba
Director General
Intellectual Property Office of the Philippines
Message from the Co-Editor in Chief
Frederick P. Romero, Ph.D.
Co-Editor-in-Chief
APJIPMI
Atty. Christopher E. Cruz, Ph.D.
Co-Editor-in-Chief
APJIPMI
IP Academy
The DLSU Innovation and Technology Office
The DLSU Intellectual Property Office
Lacking Copyright: A Policy Brief on the Prohibition on the Public Education Sector of the Philippines to Own Copyright and Its Consequences
Author/s: Clifford C. Chan, Yasmine Lee R. Tadeo, Sheena T. Rima, and Romeo Joshua Movido
Corresponding Author: Yasmine Lee R. Tadeo
Abstract: The COVID-19 pandemic has brought about numerous consequences upon the global community, whether socially or economically. The education sector has not been isolated from the effects of the pandemic, having to largely suspend face-to-face classes, its traditional approach to learning, in favor of alternative modalities in teaching. To ensure learning continuity despite the difficulties caused by the pandemic, the Department of Education – Philippines promulgated a series of DepEd Orders directing public and private schools to adopt alternative methods of learning such as online distance learning and the preparation of Self Learning Modules. The resort to the different learning modalities brings about untold possible issues and consequences faced by the basic education sector primarily the inability of the government to assert copyright over its work. The lack of copyright over its own works means that the government will be at a disadvantage when it comes to ensuring that government works, specifically self-learning modules and other educational materials, will not be the subject of alteration, modification, and/or appropriation by third parties and individuals that may possibly deviate from the standard set by the government. This paper seeks to suggest a change in policy on the current intellectual property laws in the Philippines in light of the identified issue. It proposes a change in what is covered by works of government and the application of the Sweat of the Brow Doctrine to protect works that are not laws or edicts of Government.
Keywords: Copyright, Works of Government, Edicts of Government, Sweat of the Brow Doctrine, Modules, Basic Education
Young Filipinos’ Attitudes Towards Counterfeit Products: A Descriptive Study on Attitudes and Perceptions
A Study by the IP Academy of the Intellectual Property Office of the Philippines
Author/s: Ma. Liezel Bumanglag
Abstract: The prevalence of counterfeit goods is a problem that is affecting different countries, posing threats to individuals, businesses, and economies. Given that the Philippines is characterized by its largely young population, this study aims to describe the perceptions and attitudes of young Filipinos toward counterfeit goods, with the hope of using this data to assist the Intellectual Property Office of the Philippines (IPOPHL) in its fight against counterfeits. Specifically, this study aims to describe the demographic characteristics of young Filipinos who have bought counterfeit goods; to describe the frequency and willingness of young Filipinos to buy counterfeit goods; to identify their common reasons for buying counterfeit goods; and to determine possible reasons to make them stop buying. This study utilized a quantitative descriptive design through an electronic survey to answer the research objectives. A total of four hundred and six (406) respondents with an age range of 15 to 30 years old, who have bought at least one counterfeit good, were included in the study. The results showed that the respondents can easily spot counterfeit goods by their quality and price and they do not regularly purchase counterfeit goods. The top three (3) counterfeited goods mostly purchased by young Filipinos are apparel/accessories, footwear, and handbags/wallets. In addition, the results showed that online selling applications make up the majority of where these counterfeit goods are being bought from. As for the overall attitudes of young Filipinos on counterfeit goods, the study revealed that although most respondents buy counterfeit goods voluntarily and by personal choice, they believe that buying counterfeit goods does not improve their social and professional image, does not excite their consumption appetite, and it poses danger to their well-being. Furthermore, the results suggested that young Filipinos believe that since counterfeit products are easily accessible everywhere, especially in the advent of online apps and social media platforms, awareness campaigns geared towards discouraging people from buying counterfeit goods are needed, along with brand-related measures.
Keywords: Counterfeits, Young Filipinos, Trademarks, Infringement, Intellectual Property, Attitudes
A Sound Vote: Integrity, Music Copyright, and Politics in the Philippines
Author/s: Mark Robert Dy
Abstract: This research aims to determine whether the moral right of integrity may be invoked by composers or performers to prevent the use of their music for political campaigning. Protecting the integrity of a work does not only mean keeping a work unchanged but also includes preventing its use in an undesirable context. Under ordinary circumstances, a license from the music publisher or agent would be enough permission to play or perform music publicly. However, political campaigns are uniquely complicated situations because permitting the use of one’s music might be perceived as support for a political candidate, party, or ideology. The risk of damaging the artist’s brand and reputation is much greater. This study submits that, apart from the economic considerations, due diligence requires the licensing parties to clear the moral rights concerned before proceeding with any transaction.
While there has been no Philippine case law involving the use of copyrighted music in political campaigns, this study examines foreign case law, commentaries, and experiences to help understand how the Philippines should move forward with its own policies. This analysis suggests that authors or performers of musical works may invoke the moral right of integrity to prohibit the use of their songs in political campaigns due to the risk of harm to their work and reputation.
Keywords: Intellectual Property, Copyright, Moral Rights, Music Licensing, Integrity, Politics, Elections, Collective Management, Creative Industries
The Concept of Originality and Creativity in the Humanities, the Social Sciences and the Natural Sciences
Author/s: Madelene Sta. Maria, Christopher E. Cruz, Maria Judy S. San Juan, Charisse Y. Tan, and Rajiv Amarnani
Abstract: The study was conducted to determine how 21 experts in the discipline clusters of humanities, the social sciences and the natural sciences defined originality and creativity in terms of how these concepts are understood and realized in the production of works in their respective disciplines, what related copyright issues emerge related to these concepts, and how these two concepts are related. Through thematic qualitative analysis of in-depth interview data, findings suggest that while there may be converging ideas about originality and creativity among the discipline clusters, the way this concept is operationalized by each discipline significantly vary. The study is deemed useful because apart from clarifying vague notions about original works, the study can serve as reference for legislators in amending the Copyright law, and for law practitioners in contextualizing cases involving original and derivative works, plagiarism and other related concepts. In this connection, the study provides the implications for the evaluation of the originality and creativity in works produced from the various discipline clusters.
Keywords: originality, creativity, copyright protection
The Next Frontier: The Arbitrability of Intellectual Property Disputes
Authir/s: Daniel S. Hofileña
Abstract: Intellectual property rights (IPRs) are private rights and are only as strong as the means to enforce them. In this light, arbitration has been an increasingly attractive alternative for parties to resolve their disputes due to its efficiency, specialty, confidentiality, and deference to party autonomy. Arbitral awards can likewise be enforced across jurisdictions that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, the capability of parties to submit IPR matters to arbitration is sometimes limited by the State under its laws. This study will explore possible solutions to the arbitrability of IPR disputes by examining national laws, especially that of ASEAN countries. These countries have adopted diverse approaches to arbitrability under domestic legislation which can be divided into four clusters. The first cluster limits arbitrable disputes to those which are not contrary to public policy. The second cluster limits arbitrable disputes to only commercial disputes. A third cluster limits arbitrable disputes to only those concerning rights in the commercial sector or concerned with economic matters. Finally, one cluster explicitly provides for the arbitrability of IPR disputes. In conclusion, the various treatments of jurisdictions to the arbitrability of IPRs lead to uncertainty and unpredictability of arbitration as an alternative mode of resolving disputes. To settle the issues of arbitrability, the author recommends that IPR disputes be classified as arbitrable or non-arbitrable, depending on their nature. Arbitrable disputes should be the IPR disputes that are commercial in nature, such as licensing & royalty disputes. In contrast, non-arbitrable disputes should be those which involve the sovereign’s prerogative to deny or grant an application for intellectual property protection or those that involve public interest.
Keywords: Intellectual property, alternative dispute resolution, and arbitrability.