Developments in Philippine Copyright Law

Cite as: 41 ATENEO L.J. 384 (1997).
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This Article discusses the developments in Intellectual Property Law in light of the passage of the Intellectual Property Code of 1997. The Article first discusses the history behind Philippine Copyright Laws. The Article traces the law from the Spanish Law of Intellectual Property of 1879, which was extended to the Philippines in 1887. When Spain ceded the Philippines to the United States, the U.S. Copyright Law then became applicable in the country. The Author also discusses the Exchange of Notes between the Philippines and the U.S. as a result of extensive consultations regarding the protection and enforcement of intellectual property rights in the Philippines. The Article then discusses the Philippines accession to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The Article describes how the TRIPS affected the Proposed Copyright Act of 1995. The Article then goes on to discuss in detail the Intellectual Property Code of 1997. The salient features of the Code were given attention including the basic principles behind it, and the protection extended to literary works, computer programs, derivative works. The Article also touches upon other features of the Code like economic rights, rental rights, translation rights, and fair use, and many other aspects. The Article concludes by hoping that the Code will improve the ability of both domestic and international copyright holders to bring effective actions to protect their intellectual creations.

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