Mathematical formula in connection with our Copyright Law

Dear PAO,

May I know what the Copyright Law protects? Does it include the protection of a solution or the unlocking of a mathematical formula?

Darlene

Dear Darlene,

To answer your queries, please allow me to lead your attention to our pertinent laws and jurisprudence. Succinctly, in FILSCAP v. Anrey Inc. (GR 233918, Aug. 9, 2022) penned by Associate Justice Rodil Zalameda, the Supreme Court said that:

«Our copyright law affords protection to original and intellectual creations in the literary and artistic domain from the moment of their creation.» (Emphasis and Underscoring Supplied)

The foregoing finds basis in Section 172.1 of Republic Act 8293, otherwise known as the Intellectual Property Code of the Philippines («I.P. Code»), viz.:

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«Section 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 x x x.» (Emphasis and Underscoring Supplied)

Essentially, copyright affords protection to original and intellectual creations in the literary and artistic domain from the moment of their creation. Stated otherwise, it refers to the plethora of rights enjoyed by the owner of an artistic or literary work.

Be that as it may, Section 175 of the I.P. Code dictates that no protection shall be given to a mere idea, procedure, system, method or operation, concept, principle, discovery or data as such. For brevity, the provision of our law reads that:

«Section 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.» (Emphasis and underscoring supplied)

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Applying the foregoing, the impression is that a mathematical