The Intellectual Property Office of the Philippines (IPOPHL) and the Commission on Elections (COMELEC) entered into a Memorandum of Agreement (MOA) last January 24 to strengthen their commitment to ensure that election candidates comply with intellectual property (IP) laws.
To recall, IPOPHL and COMELEC signed a Memorandum of Understanding during the Philippine International Copyright Summit in October 2024 to declare their commitment in ensuring that candidates respect IP rights in developing campaign materials. The MOA serves to build on the partnership by defining the activities and their implementation.
During the ceremonial signing, IPOPHL Deputy Director General for Policy, Legal Affairs and External Relations Nathaniel S. Arevalo expressed the urgency of stricter enforcement.
“This agreement will allow us to work together more effectively in educating candidates and their teams about the importance of respecting IP rights. It will also streamline reporting mechanisms and enforcement efforts, ensuring that violations are addressed promptly and fairly,” Arevalo said.
Under the MOA, IPOPHL and COMELEC agreed to establish a mechanism for violation reports and actions, as well as monitoring and enforcement through a joint technical working group with the inclusion of the Bureau of Copyright and Related Rights (BCRR), Bureau of Legal Affairs (BLA) and IP Rights Enforcement Office (IEO) from the IPOPHL side.
During the ceremony, COMELEC Chairman George Erwin M. Garcia likened copyright infringement to creating a song for loved ones only to be stolen by others for personal gain.
“Ginawa mo, inalay mo sa isang minamahal tapos ninakaw lang para ipambola sa mga botante. Hindi po ba dapat hindi rason ang pangangampanya para lang nakawin ang creation ng iba [You made it, you gave it to a loved one and then someone just steals it to flatter the voters. Shouldn’t campaigning not be a justification to steal someone else’s creation]?” Garcia said, underscoring the need to be vigilant of candidates who infringe on the works of artists.
“Kung ang ordinaryong awitin, likha ng mga talentong Pilipino, ay nanakawin, how much more pa ang kaban ng bayan kapag nakaupo na? Ito ang gusto natin i-emphasize sa kung bakit tayo nakikipag-partner sa IPOPHL. Gusto natin protektahan ang likhang Pinoy [If the ordinary song, created by Filipino talents, is stolen, how much more the public funds once they are seated? This is what we want to emphasize on why we are partnering with IPOPHL. We want to protect Filipino creations],” Garcia added.
Through the MOA, COMELEC pledges to integrate IP protection guidelines into election-related rules and regulations and disseminate educational materials on IP rights. Meanwhile, the two parties are expected to conduct a joint initiative to heighten IP awareness among candidates, political parties and voters.
“Our next steps under this partnership should empower our voters to decide better and our candidates to think before they sing or campaign. No matter how good a candidates’ rhetoric is or how high up they are in the polls, the arc of the universe must bend towards justice—justice for our artists and the creative economy. This MOA is a fight for that justice,” said IPOPHL Deputy Director General for Operations Ann Claire C. Cabochan.
Cabochan shared that under IPOPHL, a case filed by the Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP) had been settled. The case concerns an alleged unauthorized use of certain works of their members during the 2022 general elections.
The IPOPHL official also emphasized the importance of entering an agreement with the copyright owners, through collective management organizations like FILSCAP, if candidates intend to use copyrighted materials.
“Ang ating copyright, just like any other IP right, ay isang private right. Ang dapat hingan ng pahintulot ay ‘dun sa may-ari [Our copyright laws, just like any other IP right, is a private right. The ones we seek permission from is the owner],” Cabochan added during a press conference.
For her part, IEO Supervising Director and BLA Assistant Director Christine Pangilinan-Canlapan encouraged artists to strongly enforce their IP rights and avail either of IPOPHL’s adjudication or mediation services.
“IPOPHL is crafting special rules in line with this MOA, taking into account the need for swift action,” Pangilinan-Canlapan said.
Signed by Arevalo and Garcia, with IPOPHL’s Cabochan and COMELEC Commissioner Ernesto Maceda, Jr. as witnesses, the MOA was proposed in 2022 and was eventually formalized through the initiative of IPOPHL’s BCRR. BCRR Director Emerson G. Cuyo said this partnership with COMELEC “is definitely a first in the Philippines—and may be even in Asia-Pacific could serve as a model for other democratic governments to follow in the area of intellectual property protection and the conduct of elections and election campaigns.
