Sufficiency of intellectual property law in protecting publicity rights of Filipino public figures used for commercial purposes

Date of Publication

3-30-2015

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Intellectual Property Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Business Management

Thesis Adviser

Raymund B. Habaradas

Defense Panel Chair

Ronald Chua

Defense Panel Member

Mary Margaret O. Que
Johana Sunga Tagal

Abstract/Summary

The publicity rights of Filipino public figures namely – Filipino athletes, local celebrities and politicians are sources of revenue for the well-accomplished Filipino public figure. He or she has worked so hard to earn the publicity with which he or she can now reap. Unfortunate as it seems, there are business enterprises that merely ride on the publicity rights of these Filipino public figures so as to get a so-called free advertising. This in turn creates a tendency for these business enterprises to violate certain principle of ethical advertising and business ethics. In the Philippines, there is no separate law protecting the right of publicity. It is protected under Section 169.1 of the Intellectual Property Code of the Philippines (“IP Code”). My study will determine if such protection is sufficient. After analyzing various Philippine cases, I have come to a conclusion that there is sufficient protection provided by the IP Code. In fact, if there is a commercial exploitation that would take place involving the publicity rights of Filipino public figure, the New Civil Code also protects publicity rights in relation to right of privacy of a person. On a very important note, it is material that the amount of compensation as to damage prayed for be alleged in the complaint of the Filipino public figure. Failure of which will result only in the payment of penalty of the violation of the IP Code. Juris Doctor-Master of Business Administration Program 7 In the same light, my study has determined that the violation of publicity rights of a Filipino public figure has a material impact on the ethical practice of a business. This is based on the reason that it violates either a principle of the Code of Ethical Advertising or a principle of Business Ethics – specifically that of the Rights and Duties Theory. Under the Rights and Duties Theory, a right is defined as an individual’s entitlement to something. Such entitlement may be derived from a legal system that permits or empowers the person to act in a specific way or that requires others to act in certain ways toward that person; the entitlement is then called legal rights. In the United States, the American Constitution guarantees all citizens the right to freedom of speech and specifies that each party to a valid contract has a right to whatever performance the contract requires from the other person. (Velasquez, 2006). In the Philippines, the 1987 Philippine Constitution, the New Civil Code of the Philippines and all other special Philippine laws provide for the wide array of legal rights of every Filipino including the right to privacy which was included in this paper.

Abstract Format

html

Language

English

Format

Electronic

Accession Number

CDTG005958

Shelf Location

Archives, The Learning Commons, 12F Henry Sy, Sr. Hall

Physical Description

1 computer optical disc ; 4 3/4 in.

Keywords

Intellectual property--Philippines; Privacy, Right of--Philippines

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Embargo Period

9-7-2023

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