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ARTICLE XII

National Economy and Patrimony


SECTION 14. The sustained development of a reservoir of national
talents consisting of Filipino scientists, entrepreneurs,
professionals, managers, high-level technical manpower and
skilled workers and craftsmen in all fields shall be promoted by
the State. The State shall encourage appropriate technology and
regulate its transfer for the national benefit.
The practice of all professions in the Philippines shall be limited
to Filipino citizens, save in cases prescribed by law.

ARTICLE XIV
Education, Science and Technology, Arts, Culture, and Sports
Science and Technology
SECTION 10. Science and technology are essential for national
development and progress. The State shall give priority to
research and development, invention, innovation, and their
utilization; and to science and technology education, training,
and services. It shall support indigenous, appropriate, and
self-reliant scientific and technological capabilities, and their
application to the countrys productive systems and national life.
SECTION 11. The Congress may provide for incentives, including
tax deductions, to encourage private participation in programs of
basic and applied scientific research. Scholarships, grants-in-aid,
or other forms of incentives shall be provided to deserving
science students, researchers, scientists, inventors,
technologists, and specially gifted citizens.
SECTION 12. The State shall regulate the transfer and promote
the adaptation of technology from all sources for the national
benefit. It shall encourage the widest participation of private
groups, local governments, and community-based organizations
in the generation and utilization of science and technology.
SECTION 13. The State shall protect and secure the exclusive
rights of scientists, inventors, artists, and other gifted citizens
to their intellectual property and creations, particularly when
beneficial to the people, for such period as may be provided
by law.
Arts and Culture
SECTION 14. The State shall foster the preservation, enrichment,
and dynamic evolution of a Filipino national culture based on the
principle of unity in diversity in a climate of free artistic and
intellectual expression.
SECTION 15. Arts and letters shall enjoy the patronage of the
State. The State shall conserve, promote, and popularize the
nations historical and cultural heritage and resources, as well as
artistic creations.
SECTION 16. All the countrys artistic and historic wealth
constitutes the cultural treasure of the nation and shall be under
the protection of the State which may regulate its disposition.
SECTION 17. The State shall recognize, respect, and protect the
rights of indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and
policies.
SECTION 18. (1) The State shall ensure equal access to cultural
opportunities through the educational system, public or private
cultural entities, scholarships, grants and other incentives, and
community cultural centers, and other public venues.
(2) The State shall encourage and support researches and studies
on the arts and culture.
Sec. 2. Declaration of State Policy. - The State recognizes that
an effective intellectual and industrial property system is vital
to the development of domestic and creative activity,
facilitates transfer of technology, attracts foreign investments,
and ensures market access for our products. It shall protect
and secure the exclusive rights of scientists, inventors, artists
and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such
periods as provided in this Act. The use of intellectual
property bears a social function. To this end, the State shall
promote the diffusion of knowledge and information for the
promotion of national development and progress and the
common good. It is also the policy of the State to streamline
administrative procedures of registering patents, trademarks
and copyright, to liberalize the registration on the transfer of
technology, and to enhance the enforcement of intellectual
property rights in the Philippines. (n)

CHAPTER II ORIGINAL WORKS Sec. 172. Literary and Artistic


Works. - 172.1 Literary and artistic works, hereinafter referred
to as "works", are original intellectual creations in the literary
and artistic domain protected from the moment of their creation
and shall include in particular: (a) Books, pamphlets, articles and
other writings; (b) Periodicals and newspapers; (c) Lectures,
sermons, addresses, dissertations prepared for oral delivery,
whether or not reduced in writing or other material form; (d)
Letters; (e) Dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb shows; (f) Musical
compositions, with or without words; (g) Works of drawing,
painting, architecture, sculpture, engraving, lithography or
other works of art; models or designs for works of art; (h)
Original ornamental designs or models for articles of
manufacture, whether or not registrable as an industrial design,
and other works of applied art; (i) Illustrations, maps, plans,
sketches, charts and three-dimensional works relative to
geography, topography, architecture or science; (j) Drawings or
plastic works of a scientific or technical character; (k)
Photographic works including works produced by a process
analogous to photography; lantern slides; (l) Audiovisual works
and cinematographic works and works produced by a process
analogous to cinematography or any process for making
audio-visual recordings; (m) Pictorial illustrations and
advertisements; (n) Computer programs; and (o) Other literary,
scholarly, scientific and artistic works. 172.2. Works are
protected by the sole fact of their creation, irrespective of their
mode or form of expression, as well as of their content, quality
and purpose. (Sec. 2, P. D. No. 49a) Chapter III DERIVATIVE
WORKS Sec. 173. Derivative Works. - 173.1. The following
derivative works shall also be protected by copyright: (a)
Dramatizations, translations, adaptations, abridgments,
arrangements, and other alterations of literary or artistic works;
and (b) Collections of literary, scholarly or artistic works, and
compilations of data and other materials which are original by
reason of the selection or coordination or arrangement of their
contents. (Sec. 2, [P] and [Q], P. D. No. 49) 173.2. The works
referred to in paragraphs (a) and (b) of Subsection 173.1 shall be
protected as a new works: Provided however, That such new
work shall not affect the force of any subsisting copyright upon
the original works employed or any part thereof, or be construed
to imply any right to such use of the original works, or to secure
or extend copyright in such original works. (Sec. 8, P. D. 49; Art.
10, TRIPS) Sec. 174. Published Edition of Work. - In addition to
the right to publish granted by the author, his heirs or assigns,
the publisher shall have a copyright consisting merely of the right
of reproduction of the typographical arrangement of the
published edition of the work. (n) Chapter IV WORKS NOT
PROTECTED Sec. 175. Unprotected Subject Matter. -
Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, procedure,
system method or operation, concept, principle, discovery or
mere data as such, even if they are expressed, explained,
illustrated or embodied in a work; news of the day and other
miscellaneous facts having the character of mere items of press
information; or any official text of a legislative, administrative
or legal nature, as well as any official translation thereof. (n) Sec.
176. Works of the Government. - 176.1. No copyright shall subsist
in any work of the Government of the Philippines. However, prior
approval of the government agency or office wherein the work is
created shall be necessary for exploitation of such work for
profit. Such agency or office may, among other things, impose as
a condition the payment of royalties. No prior approval or
conditions shall be required for the use of any purpose of
statutes, rules and regulations, and speeches, lectures, sermons,
addresses, and dissertations, pronounced, read or rendered in
courts of justice, before administrative agencies, in deliberative
assemblies and in meetings of public character. (Sec. 9, First
Par., P. D. No. 49) 176.2. The Author of speeches, lectures,
sermons, addresses, and dissertations mentioned in the
preceding paragraphs shall have the exclusive right of making a
collection of his works. (n) 176.3. Notwithstanding the foregoing
provisions, the Government is not precluded from receiving and
holding copyrights transferred to it by assignment, bequest or
otherwise; nor shall publication or republication by the
government in a public document of any work in which copy right
is subsisting be taken to cause any abridgment or annulment of
the copyright or to authorize any use or appropriation of such
work without the consent of the copyright owners. (Sec. 9, Third
Par., P. D. No. 49)

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