Law Summary
Powers and Functions of the Director General and Deputies
- Exclusive appellate jurisdiction over decisions of various bureau directors
- Decisions on patents, trademarks, copyrights appealable to Court of Appeals
- Decisions on documentation bureau appealable to Secretary of Trade and Industry
- Enforcement functions with agencies like PNP, NBI, Customs, Optical Media Board
- Conducts inspections within reasonable hours on reported IP violations
- Additional functions for protecting intellectual property rights
Bureau of Copyright and Other Related Rights
- Has original jurisdiction on license disputes involving authors’ rights
- Accredits collective management organizations
- Performs copyright research and studies
- Provides copyright services with reasonable fees
Definitions Related to Copyright
- "Communication to the public": broadcasting, cable, satellite, and making works accessible remotely
- "Reproduction": making copies, temporary or permanent, of a work or sound recording
- "Technological measure": tech that restricts unauthorized acts on works
- "Rights management information": data identifying works, authors, owners, and usage terms
Transfer, Assignment, and Licensing of Copyright
- Copyright can be assigned/licensed wholly or partially in writing
- Assignees/licensees hold same rights/remedies as original holders within scope
- Exclusive licenses possible with full economic rights
- Owners entitled to regular accounts from assignees/licensees
Copyright Distinct from the Physical Object
- Transfer of copyright is separate from transfer of material objects
- Transfer of physical copies does not imply transfer of copyright
Collective Management Societies
- Copyright owners may designate societies to manage rights collectively
- Societies must be accredited by IPO before enforcing rights
Limitations and Exceptions to Copyright
- Nonprofit reproduction of published materials for blind/reading-impaired persons allowed
- Fair use includes criticism, comment, news, teaching (limited copies), research
- Decompilation for interoperability of computer programs may qualify as fair use
Reprographic Reproduction by Nonprofit Libraries
- Libraries/archives may make limited copies without authorization for preservation and replacement
Importation and Exportation Restrictions
- Customs empowered to prevent import/export of infringing articles with Secretary of Finance approval
- Seizure, condemnation, and disposal procedures established
Deposit and Notice of Deposit
- Copyright owners may deposit copies with National and Supreme Court Libraries for record
- Deposit is not mandatory for copyright protection
Moral Rights Term and Enforcement
- Moral rights last during lifetime and perpetually after death (varies by type)
- Moral rights non-transferable and non-licensable
- Enforcement designated by author or heirs, or Director of National Library if none named
Rights of Performers
- Rights to authorize reproduction, distribution, rental, and making available of performances fixed in recordings
- Right to claim authorship and to object to distortion damaging reputation
Scope of Rights and Limitations
- Right to authorize making available sound recordings accessible individually in time/place
- Limitations under copyright law applicable mutatis mutandis to performers, producers, broadcasters
Infringement and Remedies
- Infringement includes direct acts, benefiting with control, inducing or contributing to infringement
- Remedies: actual damages plus profits or statutory damages (minimum Php50,000)
- Double damages for technology circumvention and electronic rights management information tampering
- Courts may order seizure and impounding of evidence
- Injured parties may also seek damages, injunctions, accounts
Penalties for Infringement
- Penalties consider value of infringing materials and damage caused
- Maximum penalties for circumvention, electronic rights management violations, unauthorized distribution
Evidentiary Provisions
- Affidavits stating true copy of works are prima facie evidence in IP proceedings
Disclosure Upon Seizure
- Enforcement officers to notify copyright owners or authorized agents when articles are seized
Statute of Limitations on Damages
- Actions for damages must be filed within four years from cause of action
Adoption of Intellectual Property Policies in Schools
- Schools and universities to adopt IP policies governing creation and use of intellectual property
- Policies to safeguard creations of institutions and employees
- May include fair use guidelines and licensing agreements with collective licensing organizations
Rulemaking and Administrative Provisions
- IPO to promulgate implementing rules within 180 days of effectivity in consultation with relevant agencies
- Repealing, separability, and effectivity clauses
- Provisions supersede inconsistent laws and remain valid if parts declared unconstitutional