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Pre-Emptive Rights and Plagiarism

Pre-Emptive Rights and Plagiarism

ANNEX “B”

1) Pre-emptive Rights

Pre-emptive rights to an advertising material are established by actual publication, installation and/or airing anywhere in the world and not by approval of the storyboard/script.

For materials that have the same execution, ownership of the said execution shall be given to the material that was first aired, published or installed anywhere in the world.

The ruling on Pre-emptive rights applies to all product categories, i.e. if it was established that Brand A has pre-emptive rights on a particular slogan, Brand B may not use the same slogan in its advertisement for any of its products.

The prescription period for pre-emptive rights or use of general lay-out, copy, slogan, visual presentation, music or sound effects are the following:

For non-competitive products or different product categories, two (2) years since last local publication or airing of broadcast print advertisement.

For competitive products or same product categories, five (5) years since last local publication or airing of broadcast print advertisement.

1.5 The prescription period for Pre-emptive rights does not apply to copyrights, registered trademarks and other non-advertising issues which are outside the scope of the ASC.

2) Plagiarism

2.1 “Plagiarism” means an instance where a material is found substantially or materially imitating distinguishing features of other advertisements in any part of the world.

2.2 If an ad is proven to be plagiarizing another ad, a CDO shall be issued against it effective immediately. Additional sanctions (e.g. fines) shall be determined by the TechCom.

2.3 The provision of Plagiarism overturns the ruling on Pre-emptive Rights, provided that the Complainant is able to present third party evidence of the original broadcast and/or publication outside the Philippines. When relevant, the prescription period for Pre-emptive Rights applies, namely two years for non-competitive products and five years for competitive products.

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