Commons:Deletion requests/File:Flag of Cavite City.svg
Flag is not PD. Ref: http://onlineservices.ipophil.gov.ph/tmgazette/Unlimited/OfficialSigns.asp?pubdate=1/24/2005 It was registered under the number 16-2004-00079 (office: "THE FLAG OF CAVITE CITY"). Therefore, it means this flag cannot be used freely since it is now copyrighted (registered at Intellectual Property Office of the Philippines or IPOPHL). It should be moved to Tagalog Wikipedia (not English), to be used under the fair use guidelines as mandated in the RA 8293. JWilz12345 (Talk|Contrib's.) 17:13, 21 September 2020 (UTC)
The following are supporting indications that a work once registered at IPOPHL cannot be used for profit exploits without prior permission from the owner who is in effect copyright holder. Citing the case of UP names and the UP Oblation Statue (all of which are now owned by the university who holds as their copyright holder):
But universities have long cemented their logos and slogans into their brand, and have registered specific marks such as the Oblation of the University of the Philippines and the Lux in Domino seal of Ateneo De Manila University for use on specific goods,...
This is not to say the creative community eager to express their school pride are prohibited from using their school name or symbols - just be sure your design, logo, or slogan (your “mark”) is not confusingly similar to that owned by your school. Otherwise, you must have their consent, or limit your use to personal purpose (not for commercial sale).
In a memorandum released on Monday, September 14, the University of the Philippines (UP) announced that 4 names and marks identifiable to the university are now registered marks.
Citing both the university's Intellectual Property Rights Policy and the Intellectual Property Code of the Philippines, UP president Alfredo Pascual said no person will be allowed "to use the trade and service marks of UP without its permission or license."
In addition, the new rules on copyright rules for government works as brought up at Template talk:PD-PhilippinesGov made mandatory the requirement of obtaining permission (wording provided) if to be used for commercial exploits. The only works that do not need permission are written texts of official and judicial manner. With regards to other government works like photos, these became 50-50 (despite an input from P199 at the same forum), since when I asked at IPOPHL's Facebook post (through a comment) about the retroactivity of the new rules, I got no response (on comment box of the said post). Perhaps paging @Howhontanozaz: about this matter. JWilz12345 (Talk|Contrib's.) 17:35, 21 September 2020 (UTC)
- IPOPHIL in the link you cited states that these signs are prohibited registration "UNDER SEC. 123 PAR (b) OF REP. ACT NO. 8293". That part of the law indicates that "A mark cannot be registered if it ... Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof". Besides, Section 123 is part of the Trademark laws in the Intellectual Property Code. -Howhontanozaz (talk) 00:22, 22 September 2020 (UTC)
I withdraw my nomination since this is a flag so not copyrightable. Nevertheless, the issue on the commercial use of government works remains debatable (at least confined to Wikimedia). The final decision for this file (not the present decision) will come after the debate has been sealed with finality. JWilz12345 (Talk|Contrib's.) 06:56, 30 October 2020 (UTC)
Kept as withdrawn as the flag is agreed upon that it is government public domain. PyroFloe (talk) 11:14, 24 February 2021 (UTC)
