Production
Ask an image model for “a family at a sari-sari store” and it may hand back a shelf of real brands’ packs. Ask it for “an ad in the style of” a famous campaign and it will try. In the Philippines, the IP Code and the ASC Code decide what other brands can appear in your ad, and an AI-made frame gets no exemption.
Can another brand’s logo appear in an AI-generated ad?
Not without care. Under the Intellectual Property Code, the owner of a registered mark can stop others “from using in the course of trade identical or similar signs” where the use “would result in a likelihood of confusion”. Infringement covers anyone who, “without the consent of the owner of the registered mark”, uses “any reproduction, counterfeit, copy, or colorable imitation of a registered mark” in “advertising of any goods or services” where it is “likely to cause confusion, or to cause mistake, or to deceive”.
“Colorable imitation” is the part an AI frame trips on: a near-copy of a famous logo or pack that the model has blended from its training is still an imitation if a viewer would read it as the real brand.
What about the look of another brand’s ads?
The ASC Code is stricter here than the IP Code. “Plagiarism is not allowed in advertisements”, and plagiarism means “substantially or materially imitating distinguishing features of other advertisements in any part of the world without permission from the owner.” It goes further: “Advertising materials shall not contain features, elements, visual or auditory presentations that are unique to the advertising of or owned by another brand regardless of category.”
A prompt that names another brand’s campaign, characters or signature look is an instruction to do exactly that. If an ad is proven to plagiarise, the ASC issues a cease and desist order “effective immediately.”
Can the ad compare itself with a competitor?
Only with proof. A comparison “shall provide clear, substantiated, and verifiable bases from an independent, 3rd party source”, and it “must always be properly qualified as to what the product or service compares itself against.” Brand-identified comparisons are allowed only in some categories. Our guide to ad claims rules covers comparative and No. 1 claims in full.
Whatever the claim, the Code says ads “should not directly or indirectly disparage, ridicule, or unfairly attack competitors or non-competitors”, including “distinguishing features or elements of their advertising campaigns”, and “Advertisements using humor that disparages another brand, product or service is not allowed.”
How does an AI creative studio keep other brands out?
→ Write the negative prompt. Generic packs, blank signage, invented brand names: say so in the prompt, and in the brief to the studio.
→ Check every frame for marks. Shelves, shirts, cars, phones and street signs are where real logos creep in. Mask or regenerate them.
→ Don’t prompt with a campaign. Describe the mood and the craft, not another brand’s ad, character or slogan.
→ Keep a reference log. Which references and prompts produced each frame, so you can show the look is your own if it is ever questioned.
→ Clear comparisons before production. Third-party proof and the qualifier come first; the visual is built around them.
The shelf check
Before an AI frame is approved, zoom in on every pack, sign and screen in it. If you can read a brand, so can the ASC.
General information from Republic Act No. 8293, the Intellectual Property Code, and the ASC Code of Ethics and Standard Manual of Procedures. It is not legal advice; for a specific mark or campaign, ask counsel or the ASC.
Who should make it?
A studio that checks frames as closely as it generates them. PUNX is an AI creative studio in Makati: 50-plus people, founded 2023, producing for P&G, San Miguel, Petron, GCash and Sun Life. Our guide to who owns AI-generated content covers the copyright side.
FAQ
Can you show another brand’s logo in an ad in the Philippines?
Using a reproduction or colorable imitation of a registered mark in advertising without the owner’s consent is infringement under the IP Code where it is likely to cause confusion, mistake or deception. Clear any third-party mark with its owner, or remove it.
Is copying the style of another brand’s ad allowed?
No. The ASC Code says plagiarism, meaning substantially or materially imitating distinguishing features of other advertisements without permission, is not allowed, and ads shall not contain features unique to another brand’s advertising, regardless of category.
Can an ad compare itself to a competitor?
Only with clear, substantiated and verifiable bases from an independent third-party source, properly qualified as to what it compares against. Brand-identified comparisons are allowed only in some categories.
Does using AI change the rules?
No. The IP Code and the ASC Code apply to the finished ad, however its frames were made.
Related
Who owns AI-generated content — what the IP Code actually says
Style and copyright in AI animation — where style ends and copying begins
Ad claims rules — No. 1, absolute and comparative claims under the ASC
Making an AI ad?
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