Social media influencers and content creators dedicate significant time and effort to building their reputation as trusted voices in specific niches—whether it’s lifestyle, fashion, gaming, technology, or other industries. With influencer marketing projected to account for a large portion of global advertising spend, influencers in the Philippines are also developing valuable intellectual property (IP) whenever they publish content, logos, or campaigns.
The question is: how do you safeguard your digital creations under Philippine law?
Why Register with IPOPHL?
While some IP rights (like copyright) arise automatically upon creation, official registration with the Intellectual Property Office of the Philippines (IPOPHL) provides stronger protection:
- Enforcement: You can only sue for damages if your copyright or trademark is officially registered.
- Deterrence: A registered copyright or trademark makes it harder for others to copy your works without consequences.
- Brand Strength: Trademarks (such as your username, logo, or slogan) help build recognition and protect your community from imposters.
- Priority Rights: Registration ensures legal recognition that you are the rightful owner in the Philippines.
Common IP Rights for Influencers and Creators
- Copyright
- Automatically applies to original works like videos, photos, blogs, podcasts, artwork, choreography, and sound recordings.
- Registration with IPOPHL strengthens your ability to take legal action.
- Example: In 2018, a Filipino vlogger’s video was reposted without permission by another content creator. Because the vlogger had his work copyrighted with IPOPHL, he was able to send a takedown notice and pursue damages.
- Trademarks
- Protects brand elements such as usernames, hashtags, logos, and slogans.
- Example: A Filipino cosmetics influencer successfully opposed the registration of a similar-sounding brand at IPOPHL to prevent consumer confusion.
- Domain Names & Online Handles
- Can be trademarked if used in commerce (e.g., a YouTube channel name tied to paid brand collaborations).
- Emerging Assets: NFTs & Digital Goods
- Content tokenized as NFTs remains subject to copyright. For example, when U.S. TikTok influencer 420Doggface208 tried to sell a viral video using a Fleetwood Mac song, Stevie Nicks blocked the NFT sale due to copyright issues. The same principle applies in the Philippines—using copyrighted music without permission in an NFT may constitute infringement.
Respecting Others’ IP Rights
Influencers must also be careful not to infringe on other brands or creators. Always seek permission before using:
- Logos and brand names.
- Photos, videos, or music owned by others.
- Slogans or catchphrases.
- Products or services in endorsements without approval.
In the Philippines, infringement can lead to civil and even criminal liability under the IP Code (Republic Act No. 8293).
IPOPHL’s Enforcement and Case Examples
- Case Example – Local Music Rights: The Filipino Society of Composers, Authors and Publishers (FILSCAP) has actively enforced music copyright against restaurants, malls, and content creators who used music without licenses. Content creators posting on YouTube and TikTok also face similar enforcement when monetizing copyrighted works.
- Trademark Disputes: In Philippine case law, the Supreme Court has upheld that even slight similarities in brand names can cause “confusing similarity.” For example, in Societe Des Produits Nestlé, S.A. v. Dy (G.R. No. 172276, August 8, 2010), the Court ruled in favor of Nestlé against a local brand using a confusingly similar mark. Influencers risk the same issues if they use protected brands in their content without authorization.
Steps to Safeguard Your Content
- Copyright Registration – File your original works with IPOPHL’s Bureau of Copyright.
- Trademark Registration – Protect usernames, logos, and slogans through IPOPHL’s Bureau of Trademarks.
- Watermark Your Works – Especially for images and short videos.
- Use Contracts – When collaborating with brands, specify ownership of content rights.
- Monitor Infringement – Watch for imposters or unauthorized reposting of your work.
The Future of IP Protection in Digital Media
Emerging technologies like NFTs and blockchain are reshaping IP protection. However, Philippine copyright law still applies—meaning that minting an NFT does not exempt creators from liability if their work contains unlicensed copyrighted material.
With IPOPHL increasingly handling online content disputes, influencers who invest in formal IP protection will be in the best position to safeguard their brand and earnings.
✅ Final Note: For Filipino residents, you may self-file at IPOPHL, but working with an accredited IP agent like Brealant in Makati can help avoid costly mistakes. For foreigners, appointing a local agent is mandatory.
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