QuestionsQuestions (IPO OFFICE ORDER NO. 13-171)
It implements the State policies under Republic Act No. 8293 (IP Code), particularly Section 191 of the IP Code (as amended by RA 10372) which provides for registration and deposit of works with the National Library and the Supreme Court Library. It is adopted pursuant to an MOA between the National Library of the Philippines (NLP) and IPOPHL dated January 25, 2011, where NLP deputized IPOPHL as receiving office.
The author/creator, his heirs, or his assignee may apply. They may apply personally, through a duly authorized representative, and non-residents may be represented by a duly authorized resident agent.
They must submit an affidavit under Section 218 of the IP Code.
Heirs must submit: (1) an affidavit under Section 218 of the IP Code; (2) the death certificate of the author/creator; and (3) birth certificate for children (or marriage certificate for spouse, or will/other document evidencing designation as heir for other heirs). For heirs other than spouse or children, the affidavit must state there are no other existing heirs and indicate relationship with the deceased author.
The assignee must submit: (1) an affidavit under Section 218 of the IP Code; and (2) a deed of assignment or any instrument transferring or waiving ownership of copyright.
For natural persons: at least one current identification document issued by an official agency bearing photograph and signature; or an oath/affirmation of credible witness not privy to the transaction who is personally known to the notary, or two credible witnesses neither of whom is privy, who each personally know the individual and show documentary identification. For juridical persons: SEC certificate of registration for corporations, or DTI certificate of registration for single proprietorships (only if the author is other than the owner).
Representatives of natural persons must submit a special power of attorney. Representatives of juridical persons must submit a board resolution or secretary’s certificate.
Class A works must be deposited as: two (2) original copies OR an electronic copy submitted online or in a storage medium.
Class K works require two (2) 5R photographs OR an electronic copy submitted online or in a storage medium.
Class N works require two (2) original copies OR an electronic copy submitted online or in a storage medium.
Class L works require two (2) original copies OR an electronic copy submitted online or in a storage medium.
Applicant submits accomplished RDF and documents to the IPFOU (Manila) or proper IPSO (outside Manila). IPSO Field Specialist reviews completeness and correctness; directs payment of prescribed filing fee via Land Bank; IPSO receives documents upon showing validated deposit slip, generates RDF number and issues AR; then encodes bibliographic entry and scans documents; transmits scanned documents to IPFOU for verification with BCRR; IPFOU transmits AR/SOA/validated slip to Cashier for OR preparation; BCRR prints certificate, released after five (5) working days from filing of the RDF.
Only one filing fee is charged for the application of a work falling under multiple classes.
Entries written in the RDF as to ownership, authorship, and title are deemed final and must be reflected in the certificate. Corrections may be allowed only if substantial in nature, only upon written request, and upon payment of a fee equivalent to the application fee.
It must include: applicant/copyright holder name; title of work; author’s name; class(es) where the work belongs; date of creation; period of protection; facsimile signature of authorized IPOPHL official; statements that registration/deposit completes records of the national library; statement that a certified true copy of the affidavit of ownership is attached and integral; and the certified true copy of affidavit of ownership.
IPSOs transmit deposited works to BCRR monthly. BCRR has temporary custody and transmits works to NLP on a semi-annual basis.
Cancellation may be ordered by IPOPHL Director General upon: (1) final court decision ordering cancellation; (2) final order of the IPOPHL Bureau of Legal Affairs Director in copyright infringement cases; (3) registration of deeds of transfers/assignments and other transactions affecting copyright (including transfers by inheritance) over a specific work; and (4) expiration of the term of copyright.
By written request and payment of PhP 500. The certified true copy may be issued by the BCRR.
They take effect after fifteen (15) days from publication in a newspaper of general circulation.