Question & AnswerQ&A (Republic Act No. 10372)
Republic Act No. 10372 amends certain provisions of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, to enhance the legal framework for protecting intellectual property rights and related enforcement in the Philippines.
The IPO is divided into seven bureaus, each headed by a Director and assisted by an Assistant Director: including the Administrative, Financial and Personnel Services Bureau and the Bureau of Copyright and Other Related Rights.
The Director General of the IPO has exclusive appellate jurisdiction over all decisions rendered by directors of Legal Affairs, Patents, Trademarks, Copyright and Other Related Rights, and Documentation, Information and Technology Transfer Bureau.
Decisions of the Director General on patents, trademarks, and copyright are appealable to the Court of Appeals in accordance with the Rules of Court.
The Director General can undertake enforcement functions supported by agencies such as the Philippine National Police, National Bureau of Investigation, Bureau of Customs, Optical Media Board, and local government units, including conducting visits to establishments suspected of violating intellectual property rights.
The Bureau exercises original jurisdiction over disputes about license terms involving authors' rights to public performance, accredits collective management organizations, conducts research in copyright, and provides copyright-related services for fees.
'Communication to the Public' means any communication including broadcasting, rebroadcasting, retransmitting by cable or satellite, and making a work available by wire or wireless means for public access from a place and time chosen individually by the public.
A 'Technological Measure' is any technology or device that restricts unauthorized acts concerning a work, performance, or sound recording not permitted by authors, performers, or producers or by law.
'Rights Management Information' identifies the work, sound recording, or performance, the author, producer, or performer, the owner of rights, terms of use, or codes representing such information, attached or accompanying copies or communications to the public.
Copyright may be assigned or licensed in whole or in part, with written indication required for inter vivos assignments or licenses. Exclusive licenses of economic rights are allowed, and assignees or licensees have the rights and remedies of the assignor or licensor within the scope of their assignments or licenses.
No, the transfer or assignment of copyright is distinct from the property of the material object. Transfer or assignment of the sole or several copies of a work does not imply transfer of copyright.
Performers have rights to authorize reproduction, first public distribution, commercial rental, and making available to the public of their performances fixed in sound recordings or audiovisual works, including wire or wireless communication allowing public access from a chosen place and time.
Infringement liabilities include paying actual damages and profits or statutory damages not less than Php 50,000, doubled if technological measures are circumvented or rights management information is tampered with. Courts may order seizure and impounding of infringing items. Imprisonment and fines depend on the value of infringing materials and damages suffered.
Moral rights last during the author's lifetime and in perpetuity after death for the right to be identified. Other moral rights coterminate with economic rights. Moral rights cannot be assigned or licensed and must have designated persons for posthumous enforcement.
Published articles or materials may be reproduced or distributed in specialized formats exclusively for the blind, visually-, and reading-impaired persons, provided the copies are nonprofit and indicate the copyright owner and original publication date.
Fair use includes criticism, comment, news reporting, teaching with limited classroom copies, scholarship, research, and similar purposes. Decompilation for achieving interoperability of independent computer programs is also considered fair use under criteria.
Schools and universities must adopt intellectual property policies to govern use and creation of IP, safeguarding intellectual creations and adopting fair use guidelines, which may relate to licensing agreements with collective licensing organizations.
The authorized enforcement officer must notify the copyright owner or authorized agent of the seizure or detention of infringing articles or implements, wherever reasonably practicable.
Damages cannot be recovered after four (4) years from the time the cause of action arose.