While both copyright and trademark laws in the Philippines aim to protect creative and commercial interests, these concepts serve distinct purposes under the Intellectual Property Code (IP Code).1 Understanding these differences is essential for fostering effective intellectual property rights in the Philippines.
This article provides a clear breakdown of these distinctions to help you gain a deeper, more practical understanding of your IP rights.
Copyright v. Trademark
Before exploring the key differences between copyright and trademark infringement, it is essential to understand the definitions of copyright and trademark. Clarifying these concepts provides insight into the distinct types of subject matter that each law aims to protect.
A trademark is 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.2 Meanwhile, the scope of copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation.3
3 Key Differences Between Copyright Infringement and Trademark Infringement
Before one can enforce trademark rights, the owner must first comply with the legal requirements to acquire a trademark:
1. As to nature
Time and time again, the Court has ruled that copyright infringement is a trespass on a private domain owned by the owner of the copyright and, therefore, protected by law. Unlike copyright infringement, the nature of infringement of trademarks lies in the use or application of an existing mark which is likely to cause confusion or mistake, or to deceive purchasers as to the identity of the goods or business. Note further that the IP Code has respective provisions for copyright and trademark.
2. As to scope
Infringement of copyright consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do belongs to the owner of the copyright.4 On the other hand, the element of the likelihood of confusion is the gravamen of trademark infringement.5
3. As to remedies
Section 126 of the IP Code states in detail the remedies for infringement for copyright proprietors, while Section 155 of the same Code provides for the remedies of trademark infringement. Common to both are the remedies of injunction, damages, and destruction of goods or infringing copies or devices.
A reading of these provisions shows that trademark infringement remedies focus on preventing consumer confusion and restoring the mark’s integrity, whereas copyright remedies emphasize compensating the copyright proprietor for unauthorized use and deterring further infringement.
Conclusion
In summary, understanding the distinctions between copyright and trademark infringement under the IP Code is a significant step toward safeguarding creative and commercial interests in the Philippines. By recognizing these legal differences, creators, businesses, and legal professionals can better navigate intellectual property rights.
To know more about copyright and trademark infringement, book a consultation with a trademark attorney. You may also email us at admin@pinollaw.com.
1 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes, Republic Act No. 8293, §1 (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines].
2 Intellectual Property Code of the Philippines, § 121.1
3 Id at § 172
4 Icebergs Food Concepts, Inc. and Allan John T. Young v. Filipino Society of Composers, Authors, and Publishers, Inc., G.R. No. 256091, April 12, 2023.
5 UFC Philippines, Inc., v. Fiesta Barrio Manufacturing Corporation, G.R. No. 198889, January 20, 2016.
