An unregistered mark, which is well-known in the Philippines and internationally, can bar the registration of an identical or confusingly similar mark for identical or similar goods or services. Applications based on proposed use are allowed. A registration or application may be assigned without the transfer of the business in which the mark is used. An action to cancel a registration must be filed within 5 years of registration, except when the mark has become generic or the mark has not been used for a continuous period of 3 years. Applicants will have the option of amending their applications to conform to the provisions of the new Code or to continue prosecution in accordance with the previous law.
Protection is for all original intellectual creations in the literary and artistic domain.
Changes from the previous law include the deletion of a requirement that certain types of performance must be fixed in order to secure protection and a specific statement that materials for oral delivery are protected irrespective of whether they are reduced to written form. An additional right is given to publishers in respect of the typographical arrangement of the published edition of a work. The economic rights specifically include rental rights in respect of audiovisual and cinematographic works, computer programs, data compilations and musical works in graphical form. In addition to traditional rights, they also include the right to control first distribution of an original work. Certain additional rights are also provided for performers, producers of sound recordings and broadcasting organizations.