Philippines: Employer owns copyright

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Philippines: Employer owns copyright

In 2012, Michael Dewayne Brown, an American citizen, sued for copyright infringement American English Skills Development Center (AESDCI) and its shareholders Armilyn MorilloBujis, et al, for their unauthorised copying, use, reproduction and obtaining copyright registration in the name of AESDCI, of his work "Conversational English Study Guide (First Edition)", of which Brown claimed to be the creator and author.

The action was filed before the Bureau of Legal Affairs (BLA) of the Intellectual Property Office (IPPHL) and was docketed as IPV No 10201200004. From the records of the case, it appeared that AESDCI was formed by Brown who invited the respondents to join him, without making any monetary investments, as Brown claimed. During the trial, the following facts were established by documentary and testimonial evidences: (i) Brown prepared Conversational English Study (the work), (ii) in many versions of the work, the words "Copyright@AESDCI" appeared, and Brown admitted having placed these words on the work himself, (iii) in 2006, upon establishment of AESDCI, Brown had a fixedterm contract with AESDCI appointing him as contract director, and when this contract expired, a consultancy agreement was entered into by Brown with AESDCI appointing him as instructor with a description of his work.

In this consultancy agreement, part of his duties and responsibilities was to "develop Training Policies and Procedures Manual...." and "develop and write Training Manuals, English Educational Materials and Lesson Plans".

The BLA Hearing Officer opined that while Brown's contract is denominated as a consultancy agreement, the description of his duties, in addition to the contract being on an exclusive basis, falls within the duties of a regular employee. As a regular employee who originally prepared the manual Conversational English Study Guide, and in the absence of an agreement identifying Brown as owner of the copyright, it is the respondent employer AESDCI who truly owns the copyright, as ruled by the Hearing Officer quoting Section 178.3 of the IP Code of the Philippines:

In the case of work created by an author during and in the course ofHis employment, the copyright shall belong to:

(b) The employer, if the work is the result of the performance of his regularly assigned duties, unless there is an agreement express or implied to the contrary.

Hechanova_Editha-100

Editha R Hechanova


Hechanova & Co., Inc.Ground Floor, Salustiana D. Ty Tower104 Paseo de Roxas Ave, Makati City 1229PhilippinesTel: +632 888 4293Fax: +632 888 4290

editharh@hechanova.com.phwww.hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
Gift this article