IPOPHL To Candidates: Infringement Could Be Your ‘Endgame’

Here they go again. 

The campaign period is in high gear and political candidates, as well as their supporters, are outdoing each other in imitating pop culture icons in promotional campaigns; but the Intellectual Property Office of the Philippines (IPOPHL) is warning political hopefuls anew not to infringe on intellectual property in doing so. 

Posters of candidates’ faces superimposed on pop-culture icons and characters are again making the rounds on social media, similar to a gimmick done by barangay officials in Davao last year. 

To recall, some local government candidates in Davao became talk of the town in 2018 when posters showing their superimposed faces on Avenger characters’ bodies went viral.

With the resurfacing of similar gimmicks,  Director General Josephine R. Santiago once again urged candidates, and their supporters (who may have initiated the alteration) to respect intellectual property, and renewed the warning of possible infringement. 

“We’re not saying there’s already a violation here. We are only reminding the candidates and supporters in the event that they have not sought permission for the use of the work, to avoid legal issues,” said Director General Santiago.

According to Director General Santiago, the tweaked photos may be considered an ‘adaptation’ of an original work (the Avengers characters), and can be labelled as ‘derivative work’. If these are considered as ‘derivative work’, based on the law, they cannot be published without permission from the owner of the rights of the original work.

IPOPHL  is reminding all political candidates of these possible violations but reiterated only the original rights-owner may file a case against these officials should they decide to do so.

“IPOPHL can’t be the ones going after them; Only the owners of these rights can do that. There are instances when the owners waive their rights, that’s a possibility as well,” said Director General Santiago.

Trademark infringement may apply as well as ‘the Avengers’ is a registered trademark for numerous classes of goods.

IPOPHL issued earlier reminders on the unauthorized use of songs as candidates’ political jingle and the unauthorized performance of a playlist in connection with political activities. They are reminded to seek appropriate licenses for these.