Intellectual Property Law – RA No.

8293

Patents, trademarks, and copyrights are all forms of intellectual property protection, but they
serve different purposes and protect different aspects of creative and innovative work. Here's a
breakdown of each:

Patents

 What it Protects: Patents protect new inventions or discoveries. This could include
products, processes, or technologies that are novel, non-obvious, and useful.

 Duration: Patents typically last for 20 years from the filing date (for utility patents),
though there are different types (e.g., design patents last 15 years in the U.S.).

 Purpose: The purpose of a patent is to grant the inventor exclusive rights to make, use,
sell, or distribute the invention, preventing others from making, using, or selling it
without permission.

 Example: A new type of engine, a medical device, or a unique software algorithm could
be patented.

 Elements: Subject matter

Trademarks

 What it Protects: Trademarks protect brand identifiers such as logos, names, symbols,
and slogans that distinguish goods or services of one party from those of others.

 Duration:. In the Philippines, the duration of a trademark registration is as follows:

 A trademark is initially registered for a 10-year period.

 After the initial 10 years, the trademark can be renewed indefinitely for subsequent 10-
year periods, as long as the trademark is still in use and the renewal is filed with the
Intellectual Property Office of the Philippines (IPOPHL).

 Renewal Process:

 The renewal application must be filed within 6 months before the expiration of the
current 10-year term.

 If you miss the renewal deadline, there is a 6-month grace period during which you can
still renew the trademark, but with an additional fee.

 So, as long as the trademark is actively used and properly maintained through renewals,
it can remain registered indefinitely.
  Purpose: The goal is to protect the consumer by ensuring they can identify the source of
a product or service, which helps to avoid confusion and ensures quality.

 Example: The Nike swoosh, Coca-Cola's logo, or Apple's logo are all trademarks.

Copyright

 What it Protects: Copyright protects original works of authorship, such as literature,

music, art, film, software, and other creative expressions. It doesn’t protect ideas or
facts, but the expression of ideas.

 Duration:

In the Philippines, the duration of copyright protection depends on the type of work and the
circumstances surrounding its creation. Here's how it works:

For Works Created by an Individual Author:

Lifetime of the author + 50 years after the author's death.

This means that the copyright lasts for the author's life and then continues for 50 years after
their death.

 Purpose: Copyright grants the creator exclusive rights to reproduce, distribute, perform,
display, or license the work, and prevent others from doing so without permission.

 Example: A book, a painting, a song, or a film.

Section 21. Patentable Inventions. - Any technical solution of a problem in any field of human
activity which is new, involves an inventive step and is industrially applicable shall be Patentable.
It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.
(Sec. 7, R.A. No. 165a)

Section 22. Non-Patentable Inventions. - The following shall be excluded from patent protection:

22.1. Discoveries, scientific theories and mathematical methods;

22.2. Schemes, rules and methods of performing mental acts, playing games or doing business,
and programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic
methods practiced on the human or animal body. This provision shall not apply to products and
composition for use in any of these methods;

22.4. Plant varieties or animal breeds or essentially biological process for the production of
plants or animals. This provision shall not apply to micro-organisms and non-biological and
microbiological processes.

Provisions under this subsection shall not preclude Congress to consider the enactment of a law
providing sui generis protection of plant varieties and animal breeds and a system of community
intellectual rights protection:

22.5. Aesthetic creations; and

22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)

Section 23. Novelty. . - An invention shall not be considered new if it forms part of a prior art.
(Sec. 9, R.A. No. 165a)

Section 24. Prior Art. - Prior art shall consist of:

24.1. Everything which has been made available to the public anywhere in the world, before the
filing date or the priority date of the application claiming the invention; and

24.2. The whole contents of an application for a patent, utility model, or industrial design
registration, published in accordance with this Act, filed or effective in the Philippines, with a
filing or priority date that is earlier than the filing or priority date of the application: Provided,
That the application which has validly claimed the filing date of an earlier application under
Section 31 of this Act, shall be prior art with effect as of the filing date of such earlier
application: Provided further, That the applicant or the inventor identified in both applications
are not one and the same. (Sec. 9, R.A. No. 165a)

Section 26. Inventive Step. - An invention involves an inventive step if, having regard to prior art,
it is not obvious to a person skilled in the art at the time of the filing date or priority date of the
application claiming the invention. (n)

Section 27. Industrial Applicability. - An invention that can be produced and used in any industry
shall be industrially applicable. (n)

Enablement

In patent law, "enablement" requires a patent application to describe an invention with

sufficient detail so that a person skilled in the field can make and use it without undue
experimentation. This ensures the patent system promotes knowledge dissemination and
technological advancement.

Enablement is a key requirement in the patent process, particularly in relation to the patent
specification. It ensures that the patent application provides sufficient detail so that someone
skilled in the relevant field can make and use the invention based on the information provided.
This is part of the broader principle of disclosure that underpins patent law.

Section 31. Right of Priority. . - An application for patent filed by any person who has previously
applied for the same invention in another country which by treaty, convention, or law affords
similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the
foreign application: Provided, That:

(a) the local application expressly claims priority;

(b) it is filed within twelve (12) months from the date the earliest foreign application was filed;
and

(c) a certified copy of the foreign application together with an English translation is filed within
six (6) months from the date of filing in the Philippines. (Sec. 15, R.A. No. 165a)

Section 31 of the Philippine Intellectual Property Code (Republic Act No. 8293) refers to the
"Requirement of Disclosure in Patent Applications", and it is related to the Enablement
requirement in patent law. It mandates that an applicant must disclose enough information in
their patent application to enable a person skilled in the art to carry out the invention.

Example:

If an inventor applies for a patent for a new type of machine, they must:

 Describe in detail how the machine works, including all of its components and how they
interact.

 Provide drawings or diagrams to help explain the machine’s design.

 Explain the best method to manufacture or operate the machine, as the inventor knows
it at the time of filing.

Purpose of Section 31:

 To ensure that the patent application contains enough information for someone skilled
in the relevant field to be able to reproduce the invention.
  To fulfill the public interest of promoting innovation while ensuring that patents
contribute to advancing knowledge and technology.

In summary, Section 31 is about the necessity for full disclosure in patent applications, which
allows others skilled in the art to replicate the invention and contributes to the overall
advancement of technology and public knowledge once the patent expires.

Section 121. Definitions. - As used in Part III, the following terms have the following meanings:

121.1. "Mark" means any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise and shall include a stamped or marked container of
goods; (Sec. 38, R.A. No. 166a)

121.2. "Collective mark" means any visible sign designated as such in the application for
registration and capable of distinguishing the origin or any other common characteristic,
including the quality of goods or services of different enterprises which use the sign under the
control of the registered owner of the collective mark; (Sec. 40, R.A. No. 166a)

121.3. "Trade name" means the name or designation identifying or distinguishing an enterprise;
(Sec. 38, R.A. No. 166a)

121.4. "Bureau" means the Bureau of Trademarks;

121.5. "Director" means the Director of Trademarks;

121.6. "Regulations" means the Rules of Practice in Trademarks and Service Marks formulated
by the Director of Trademarks and approved by the Director General; and

121.7. "Examiner" means the trademark examiner. (Sec. 38, R.A. No. 166a)

Section 122. How Marks are Acquired. - The rights in a mark shall be acquired through
registration made validly in accordance with the provisions of this law. (Sec. 2-A, R A. No. 166a)

Section 123. Registrability. - 123.1. A mark cannot be registered if it:

(a) Consists of immoral, deceptive or scandalous matter, or matter which may disparage or
falsely suggest a connection with persons, living or dead, institutions, beliefs, or national
symbols, or bring them into contempt or disrepute;

(b) Consists of the flag or coat of arms or other insignia of the Philippines or any of its political
subdivisions, or of any foreign nation, or any simulation thereof;
(c) Consists of a name, portrait or signature identifying a particular living individual except by
his written consent, or the name, signature, or portrait of a deceased President of the
Philippines, during the life of his widow, if any, except by written consent of the widow;

(d) Is identical with a registered mark belonging to a different proprietor or a mark with an
earlier filing or priority date, in respect of:

(i) The same goods or services, or

(ii) Closely related goods or services, or

(iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion;

(e) Is identical with, or confusingly similar to, or constitutes a translation of a mark which is
considered by the competent authority of the Philippines to be well-known internationally and
in the Philippines,

Section 131. Priority Right. - 131.1. An application for registration of a mark filed in the
Philippines by a person referred to in Section 3, and who previously duly filed an application for
registration of the same mark in one of those countries, shall be considered as filed as of the
day the application was first filed in the foreign country.

131.2. No registration of a mark in the Philippines by a person described in this section shall be
granted until such mark has been registered in the country of origin of the applicant.

131.3. Nothing in this section shall entitle the owner of a registration granted under this section
to sue for acts committed prior to the date on which his mark was registered in this country:
Provided, That, notwithstanding the foregoing, the owner of a well-known mark as defined in
Section 123.1(e) of this Act, that is not registered in the Philippines, may, against an identical or
confusingly similar mark, oppose its registration, or petition the cancellation of its registration
or sue for unfair competition, without prejudice to availing himself of other remedies provided
for under the law.

131.4. In like manner and subject to the same conditions and requirements, the right provided
in this section may be based upon a subsequent regularly filed application in the same foreign
country: Provided, That any foreign application filed prior to such subsequent application has
been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public
inspection and without leaving any rights outstanding, and has not served, nor thereafter shall
serve, as a basis for claiming a right of priority. (Sec. 37, R.A. No. 166a)

Interpretation:

Example:
  An inventor files a patent application for a new invention in the United States on January
1, 2024.

 The inventor then files a patent application for the same invention in the Philippines on
December 1, 2024 (within 12 months of the U.S. filing).

 Under Section 131, the inventor can claim the priority date of January 1, 2024, for the
Philippine application, meaning any disclosures or inventions that occur between
January 1, 2024, and December 1, 2024, will not affect the inventor's rights, even if they
are published during that time.

Purpose of Section 131:

 To secure the applicant's rights in the Philippines by allowing them to retain the filing
date of the initial application, thus preventing others from filing similar patents during
the time between the initial and subsequent filings.

 To align the Philippine patent system with international standards set by agreements like
the Paris Convention and the WTO, providing more protection for inventors globally.

In summary, Section 131 of the Philippine Intellectual Property Code allows an applicant to
claim the filing date of an earlier patent application in a member country, providing them with
the priority to protect their invention internationally within a one-year period.

Section 168. Unfair Competition, Rights, Regulation and Remedies. - 168.1. A person who has
identified in the mind of the public the goods he manufactures or deals in, his business or
services from those of others, whether or not a registered mark is employed, has a property
right in the goodwill of the said goods, business or services so identified, which will be
protected in the same manner as other property rights.

168.2. Any person who shall employ deception or any other means contrary to good faith by
which he shall pass off the goods manufactured by him or in which he deals, or his business, or
services for those of the one having established such goodwill, or who shall commit any acts
calculated to produce said result, shall be guilty of unfair competition, and shall be subject to an
action therefor.

168.3. In particular, and without in any way limiting the scope of protection against unfair
competition, the following shall be deemed guilty of unfair competition:

(a) Any person, who is selling his goods and gives them the general appearance of goods of
another manufacturer or dealer, either as to the goods themselves or in the wrapping of the
packages in which they are contained, or the devices or words thereon, or in any other feature
of their appearance, which would be likely to influence purchasers to believe that the goods
offered are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or
who otherwise clothes the goods with such appearance as shall deceive the public and defraud
another of his legitimate trade, or any subsequent vendor of such goods or any agent of any
vendor engaged in selling such goods with a like purpose;

(b) Any person who by any artifice, or device, or who employs any other means calculated to
induce the false belief that such person is offering the services of another who has identified
such services in the mind of the public; or

(c) Any person who shall make any false statement in the course of trade or who shall commit
any other act contrary to good faith of a nature calculated to discredit the goods, business or
services of another.

168.4. The remedies provided by Sections 156, 157 and 161 shall apply mutatis mutandis. (Sec.
29, R.A. No. 166a)

Interpretations:

Legal Protections Against Unfair Competition in the Philippines:

In the Philippine Intellectual Property Code (Republic Act No. 8293), unfair competition is
addressed in Section 168, which prohibits acts of unfair competition, including the use of a
confusingly similar trademark or other deceptive practices. Key aspects include:

1. False Representation: Any business that uses a trademark or trade name that is likely to
deceive or confuse consumers about the origin or quality of its products is committing
unfair competition.

2. Passing Off: Even if the business does not have a registered trademark, if it
misrepresents its products or services as being from a well-known source, it may still be
subject to legal action.

3. Protection of Business Reputation: The law protects the goodwill and reputation that
businesses build through their branding and ensures that others cannot unfairly
capitalize on it by using misleading marks or names.

Legal Actions Against Unfair Competition:

 Businesses or individuals whose trademarks are being infringed upon or who are victims
of unfair competition can file a complaint with the Intellectual Property Office of the
Philippines (IPOPHL).
  Civil remedies: The victim may seek damages and an injunction to prevent further
unfair practices.

 Criminal actions: In some cases, unfair competition may also lead to criminal charges,
with penalties including fines and imprisonment, depending on the severity of the
offense.

Conclusion:

Unfair competition involving trademarks is meant to safeguard consumers from confusion and
businesses from losing the value of their brand reputation due to deceptive or dishonest
practices. The Philippine Intellectual Property Code provides legal tools to address and prevent
such practices, protecting businesses and consumers alike.

e. Copyright

Section 172. Literary and Artistic Works. - 172.1. Literary and artistic works, hereinafter referred
to as "works", are original intellectual creations in the literary and artistic domain protected
from the moment of their creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;

(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not
reduced in writing or other material form;

(d) Letters;

(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in

dumb shows;

(f) Musical compositions, with or without words;

(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of
art; models or designs for works of art;

(h) Original ornamental designs or models for articles of manufacture, whether or not
registrable as an industrial design, and other works of applied art;

(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to
geography, topography, architecture or science;
(j) Drawings or plastic works of a scientific or technical character;

(k) Photographic works including works produced by a process analogous to photography;

lantern slides;

(l) Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings;

(m) Pictorial illustrations and advertisements;

(n) Computer programs; and

(o) Other literary, scholarly, scientific and artistic works.

172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form
of expression, as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a)

Section 173. Derivative Works. - 173.1. The following derivative works shall also be protected by
copyright:

(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations

of literary or artistic works; and

(b) 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. (Sec. 2, [P] and [Q], P.D. No. 49)

173.2. 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.

(Sec. 8, P.D. 49; Art. 10, TRIPS)

Example: Nagvideo ka ng work ng miss Saigon

Section 174. Published Edition of Work. - In addition to the right to publish granted by the
author, his heirs, or assigns, the publisher shall have a copyright consisting merely of the right of
reproduction of the typographical arrangement of the published edition of the work. (n)

Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and
173, no protection shall extend, under this law, to any idea, procedure, system, method or
operation, concept, principle, discovery or mere data as such, even if they are expressed,
explained, illustrated or embodied in a work; news of the day and other miscellaneous facts
having the character of mere items of press information; or any official text of a legislative,
administrative or legal nature, as well as any official translation thereof (n)
Section 176. Works of the Government. - 176.1. No copyright shall subsist in any work of the
Government of the Philippines. However, prior approval of the government agency or office
wherein the work is created shall be necessary for exploitation of such work for profit. Such
agency or office may, among other things, impose as a condition the payment of royalties. No
prior approval or conditions shall be required for the use of any purpose of statutes, rules and
regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or
rendered in courts of justice, before administrative agencies, in deliberative assemblies and in
meetings of public character. (Sec. 9, first par., P.D. No. 49)

Not allowed: 176.2. The author of speeches, lectures, sermons, addresses, and dissertations
mentioned in the preceding paragraphs shall have the exclusive right of making a collection of
his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government is not precluded from
receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall
publication or republication by the Government in a public document of any work in which
copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to
authorize any use or appropriation of such work without the consent of the copyright owner.
(Sec. 9, third par., P.D. No. 49)

INFRINGEMENT

Section 216. Remedies for Infringement. - 216.1. Any person infringing a right protected under
this law shall be liable:

(a) To an injunction restraining such infringement. The court may also order the defendant to
desist from an infringement, among others, to prevent the entry into the channels of commerce
of imported goods that involve an infringement, immediately after customs clearance of such
goods.

(b) Pay to the copyright proprietor or his assigns or heirs such actual damages, including legal
costs and other expenses, as he may have incurred due to the infringement as well as the
profits the infringer may have made due to such infringement, and in proving profits the
plaintiff shall be required to prove sales only and the defendant shall be required to prove every
element of cost which he claims, or, in lieu of actual damages and profits, such damages which
to the court shall appear to be just and shall not be regarded as penalty.

(c) Deliver under oath, for impounding during the pendency of the action, upon such terms and
conditions as the court may prescribe, sales invoices and other documents evidencing sales, all
articles and their packaging alleged to infringe a copyright and implements for making them.
(d) Deliver under oath for destruction without any compensation all infringing copies or devices,
as well as all plates, molds, or other means for making such infringing copies as the court may
order.

(e) Such other terms and conditions, including the payment of moral and exemplary damages,
which the court may deem proper, wise and equitable and the destruction of infringing copies
of the work even in the event of acquittal in a criminal case.

216.2. In an infringement action, the court shall also have the power to order the seizure and
impounding of any article which may serve as evidence in the court proceedings. (Sec. 28, P.D.
No. 49a)

Interpretations:

Copyright infringement occurs when someone uses a copyrighted work without permission
from the copyright holder, violating the exclusive rights granted to the creator under copyright
law. These exclusive rights typically include the right to reproduce, distribute, perform, display,
and create derivative works based on the copyrighted work.

Key Elements of Copyright Infringement:

1. Ownership of a Valid Copyright:

o To claim infringement, the person accusing another of infringement must own a

valid copyright in the work in question. This can be a literary work, musical
composition, artwork, software, film, or other forms of creative expression.

2. Unauthorized Use:

o Infringement occurs when someone uses the copyrighted work in a way that is
not authorized by the copyright owner. This could include activities like copying,
distributing, performing, or making a derivative work without permission.

3. No Fair Use or License:

o If the use of the copyrighted work falls under fair use (like criticism, commentary,
news reporting, education, etc.) or if the user has a valid license to use the work,
then it may not be considered infringement.

o Fair use is a defense to copyright infringement but is not automatically assumed.

4. Substantial Similarity:

o In most copyright infringement cases, the courts assess whether the allegedly
infringing work is "substantially similar" to the copyrighted work. If the two
 works are close enough in content or style that a reasonable person might
believe one copied the other, this can be grounds for infringement.

Common Forms of Copyright Infringement:

1. Copying:

o Reproducing a copyrighted work (e.g., a song, book, or image) without the

permission of the copyright owner.

2. Distributing:

o Selling, renting, or otherwise distributing copies of a copyrighted work without

authorization.

3. Public Performance:

o Playing a copyrighted song, movie, or any work in public spaces without the
proper rights or licenses.

4. Creating Derivative Works:

o Adapting a copyrighted work, such as turning a book into a film or writing a song
that is a remake of an existing copyrighted song, without the copyright holder’s
consent.

5. Digital Infringement:

o Copying or distributing digital files (such as movies, software, or music) through

the internet without permission from the copyright holder.

Consequences of Copyright Infringement:

1. Civil Penalties:

o The copyright owner can file a lawsuit seeking damages. This could include actual
damages (the actual financial loss the owner suffered) and statutory damages
(pre-determined amounts set by law, which can be substantial).

o In many countries, including the U.S. and the Philippines, the copyright holder
may also seek an injunction (a court order to stop the infringing activity).

2. Criminal Penalties:

o In more severe cases, copyright infringement can be considered a criminal

offense. Criminal penalties might include fines and imprisonment, especially in
cases of willful infringement for commercial gain (e.g., large-scale piracy).
 3. Seizure of Infringing Goods:

o Authorities can seize counterfeit or pirated goods and destroy them, and the
infringer might be required to pay for the costs of the action.

4. Injunction:

o A court may issue an injunction to prevent further infringement, stopping the

infringer from continuing their activities (such as ceasing the sale of pirated
goods or the distribution of infringing digital files).

CHAPTER V
COPYRIGHT OR ECONOMIC RIGHTS

Section 177. Copyright or Economic Rights. - Subject to the provisions of Chapter VIII, copyright or
economic rights shall consist of the exclusive right to carry out, authorize or prevent the following
acts:

177.1. Reproduction of the work or substantial portion of the work;

177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of

the work;

177.3. The first public distribution of the original and each copy of the work by sale or other forms of
transfer of ownership;

177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied
in a sound recording, a computer program, a compilation of data and other materials or a musical
work in graphic form, irrespective of the ownership of the original or the copy which is the subject of
the rental; (n)

177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

177.7. Other communication to the public of the work. (Sec. 5, P. D. No. 49a)

Interpretations:

Section 177 - Econmic Rights

Economic rights, as defined in Section 177, give the copyright owner exclusive control over the
use of their work and the ability to monetize it in various ways. These rights are crucial because
they allow creators to derive income from their creations and control how their works are used
by others.

Key Points of Section 177:

 1. Exclusive Rights of Copyright Holders:

o Section 177 grants the copyright holder the exclusive right to:

 Reproduce the work (e.g., making copies of a book, song, or film).

 Distribute copies of the work to the public (e.g., selling, renting, or

otherwise distributing the work).

 Perform the work publicly (e.g., performing a play or song in public).

 Display the work publicly (e.g., showing artwork or photographs).

 Create derivative works (e.g., making adaptations, translations, or

sequels).

 Broadcast the work (e.g., transmitting a work over radio or television).

 Adapt the work into different forms or media (e.g., turning a book into a
movie).

Conclusion:

Section 177 of the Philippine Intellectual Property Code is vital for protecting the economic
interests of creators by granting them the exclusive rights to their works. These rights allow
authors, artists, musicians, and other creators to control how their works are used and to generate
income from their creations. If someone infringes upon these rights, the copyright holder can
take legal steps to enforce their exclusive rights and prevent unauthorized use.

CHAPTER X
MORAL RIGHTS

Section 193. Scope of Moral Rights. - The author of a work shall, independently of the economic
rights in Section 177 or the grant of an assignment or license with respect to such right, have the
right:

193.1. To require that the authorship of the works be attributed to him, in particular, the right that
his name, as far as practicable, be indicated in a prominent way on the copies, and in connection
with the public use of his work;

193.2. To make any alterations of his work prior to, or to withhold it from publication;

193.3. To object to any distortion, mutilation or other modification of, or other derogatory action
in relation to, his work which would be prejudicial to his honor or reputation; and

193.4. To restrain the use of his name with respect to any work not of his own creation or in a
distorted version of his work. (Sec. 34, P.D. No. 49)
Interpretations

Section 193 - Moral Rights

Moral rights are designed to safeguard the personal connection of the creator with their work,
and these rights cannot be transferred or waived (unlike economic rights, which can be
licensed or assigned). The core concept is that the creator’s integrity and reputation should be
protected from any distortion, modification, or attribution that could damage their legacy or
identity associated with the work.

Key Points of Section 193 - Moral Rights:

1. Right to Attribution:
o The creator has the right to be acknowledged as the author of their work. This
includes the right to have their name, pseudonym, or other identifier properly
associated with the work.
2. Right to Integrity:

 The creator has the right to protect the integrity of the work and prevent any
modifications, distortions, or mutilations that would harm the creator’s honor or
reputation.

3. Right to Withdraw or Retract:

The creator has the right to withdraw the work from circulation or retract it if the creator
believes that the work no longer reflects their artistic vision or causes harm to their
reputation.

4. Non-Transferability of Moral Rights:

Unlike economic rights, moral rights cannot be transferred, sold, or waived. They belong
to the creator for life, and in some cases, the rights can be exercised by the creator's heirs
or legal representatives after their death.

However, these rights can be waived by the creator if they choose, but such a waiver
must be voluntary and specific to the work in question.

Examples of Moral Rights in Action:

1. Right to Attribution:
o An artist who creates a painting has the right to have their name associated with
that painting whenever it is displayed, reproduced, or sold. A gallery or publisher
cannot claim the painting as their own creation.
2. Right to Integrity:
o A filmmaker who directed a movie may object if the studio releases a version of
the film that cuts certain scenes, alters the soundtrack, or changes the overall
 artistic integrity of the movie in a way that negatively impacts the filmmaker’s
vision.

1. Right to Withdraw:
o An author of a book might choose to withdraw the book from publication if they
feel that it no longer reflects their views or artistic intentions, or if the book has
been misinterpreted in ways that could harm their reputation.

Limitations on Moral Rights:

While moral rights are powerful, they do have certain limitations. For example:

 The right to withdraw may not always be absolute, especially if there are significant
third-party interests involved, such as contractual agreements or public reliance on the
work.
 The right to integrity may be subject to practical considerations, like if a work is
adapted into a medium where some changes or adaptations are necessary (e.g., a movie
based on a book).

Moral Rights vs. Economic Rights:

 Economic Rights: These allow the creator to profit financially from their work (e.g.,
reproduction, distribution, and creation of derivative works). These rights can be
transferred or licensed.
 Moral Rights: These are focused on protecting the creator’s personal and
reputational connection to the work. They cannot be transferred or waived in the same
way as economic rights. (The right to be attributed)

Enforcement of Moral Rights:

 If a creator believes their moral rights are violated (e.g., being denied attribution, or if the
work has been altered