What happens if a layout-design is created independently by a third party?
The owner of a registered layout-design has no right to prevent acts performed in respect of an identical, independently created layout-design. Section 119 Intellectual Property Code of the Philippines protects third parties who create an original layout-design on their own. This means that if two designers reach the same result without copying, both may potentially hold rights or at least the second creator is not infringing. This reflects the requirement that the layout-design be the result of the creator’s own intellectual effort. “119.5. … (5) Where the act is performed in respect of an identical layout-design which is original and has been created independently by a third party.” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
