The special role of IP Laws in the Philippines’ coming election

Intellectual Property and presidential election seem to be 2 entirely different concepts. However, recently, the line between these aspects are vague, especially with the upcoming Philippines presidential election. So, what are the special role of IP Laws in the Philippines’ coming election?

With the IP Laws nowadays, every action is a potential violation action against the work of somebody else in the world. 

Accordingly, when there is so much content in propaganda, advertisements during a presidential election, it’s likely that there will be many IP infringements, as in other previous elections in the past. 

Consequently, the IPOPHL has given a statement, stating that all candidates and political parties need to follow the IP Laws which can be in relation to their campaigns.

Director-General Rowel S. Barba, citing the widespread use of copyrighted works — such as photos, audiovisual, content, and songs, among others — for political advertisements and promotional materials in recent times. stated: “The election period is a great time for candidates to help artists recover from the pandemic-induced economic downturn. I hope candidates adequately reward our artists for their services in helping us create more successful and innovative campaign messaging.”

Although according to the law, the users must always get permission from the IP rights holders before exploiting their works before making any payment, however, in recent times, this principle has not been strictly followed. 

The IPOPHL director said: “Even if candidates are ready to pay a hefty charge, they must first obtain permission from copyright holders to use their works in political advertisements, and respect their choice if their bids are rejected because they refuse to associate with a certain political party.”

Role of IP Laws in the Philippines’ coming election

As the advertisement of works of other IP rights holders might be the essential key to the winning of a candidate, besides from of course his/her own political policies, the candidates, therefore, should take extra cautions to not violating the works of other people. 

In this election coming in 2022, the campaign of candidates will be monitored closely to detect any possibilities of an IP infringement. IPOPHL will play a crucial role in this goal. 

Besides monitoring the marking trends in the 2022 elections, Barba has also stated that IPOPHL will also keep a heavy focus on social media as this has become one of the main formats to advertise a candidate’s campaign and is also the place where infringements are likely to happen the most. 

Regarding IP rights holders who have detected that one of the candidates is using their work illegally, Barba advised them to negotiate with the candidates, whether by asking a fee or a takedown of illegal works.

Barba added: “If candidates want to prevent criticism and a drop in support, they must be aware of how they utilize copyrighted works, and encourage their followers to do the same when preparing materials for their web advertising or self-organized demonstrations.”

*** Other Articles***

– You can check FEE OF TRADEMARK IN Philippines HERE.

– You could visit here to see Procedure of Philippines Trademark Registration.

– You could visit here to check the required documents for filing trademark in Philippines.

– Other questions of trademark in Philippines here.

– You could also check the trademark fees in ASEAN countries here. All with affordable fees.

– You could also check the trademark fees in ASIA here. All with affordable fees. 

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