Law Summary
Powers and Functions of the Director General
- Exercises exclusive appellate jurisdiction over decisions by various bureau directors.
- Appeals from decisions related to patents, trademarks, copyrights go to Court of Appeals.
- Appeals related to documentation bureau go to Secretary of Trade and Industry.
- Undertakes enforcement with police, customs, and other agencies.
- Conducts establishment visits during reasonable hours based on reports or complaints.
Functions of the Bureau of Copyright and Other Related Rights
- Exercises original jurisdiction over licensing disputes regarding public performance rights.
- Accredits collective management organizations.
- Conducts research in copyright and related rights.
- Provides copyright-related services and charges reasonable fees.
Expanded Definitions Relating to Copyright
- "Communication to the public" includes broadcasting, retransmission by various means, and making works available for individual access at chosen time/place.
- "Reproduction" defined as creating copies, temporary or permanent, fully or partly.
- New concepts introduced:
- Technological Measures: Devices that restrict unauthorized acts on works.
- Rights Management Information: Data identifying works, authors, owners, uses, or related codes attached to works or communications.
Transfer, Assignment, and Licensing of Copyright
- Copyright can be assigned or licensed in whole or part, limited to written indication.
- Assignees/licensees hold rights and remedies within scope of assignment/license.
- Ownership transfer of the material object does not transfer copyright.
- Copyright owners may designate societies to manage rights collectively upon accreditation.
Limitations and Exceptions to Copyright
- Allows reproduction/distribution of works in special formats for blind or visually impaired on a nonprofit basis.
- Fair use includes criticism, comment, news reporting, teaching (classroom copies), scholarship, research.
- Decompilation of computer programs permitted for interoperability purposes under fair use.
- Libraries/archives may make limited reprographic copies without authorization for preservation or replacement under specified conditions.
Importation and Exportation of Infringing Materials
- Commissioner of Customs empowered, with Finance Secretary approval, to regulate import/export of infringing articles.
- Seizure, condemnation, and disposal of infringing goods provided.
Deposit and Registration of Works with Libraries
- Copyright owners may deposit copies with National Library and Supreme Court Library for record-keeping.
- Registration is not a requirement for protection.
Moral Rights and Their Duration
- Moral rights last for author’s lifetime and perpetuity after death for right of attribution.
- Other moral rights last coterminously with economic rights.
- Moral rights are non-assignable and non-licensable.
- Posthumous enforcement delegated to designated persons or heirs, defaulting to National Library Director.
Performers’ Rights
- Performers have economic rights to authorize reproductions, distribution, rental, and making available to the public.
- Performers also have moral rights to be identified and to prevent prejudicial modifications.
Infringement and Remedies
- Infringement includes direct acts, benefiting from infringing acts with control, or inducing infringement.
- Remedies include actual damages, legal costs, profits, or statutory damages.
- Damages are doubled for offenses involving circumvention of technological measures or electronic rights management information (RMI) tampering.
- Statutory damages vary by circumstances and can be reduced if infringer was unaware.
- Courts may order seizure and impounding of evidence.
- Independent suits for damages or injunctions remain available.
Penalties and Sentencing
- Penalties consider value of infringing materials and copyright owner’s damage.
- Maximum penalties apply for offenses involving technological protection measures or RMI violations.
Admissibility of Affidavit Evidence
- Affidavit declaring true copy status admitted as prima facie evidence unless contradicted.
Notification on Seizure or Detention
- Owners or authorized agents to be notified when intellectual property articles are seized or detained, if practicable.
Limitation Period for Damages
- Damages claim must be within four years from when cause of action arose.
Adoption of Intellectual Property Policies in Educational Institutions
- Schools and universities mandated to develop IP policies for protection of intellectual creations.
- Policies may incorporate fair use guidelines and relate to licensing arrangements with collective organizations.
Implementing Rules and Regulations
- IPO mandated to issue implementing rules within 180 days of the Act’s effectivity.
- Consultation with relevant agencies required.
Repealing, Separability, and Effectivity Clauses
- Conflicting laws and regulations amended.
- Invalid parts of the Act do not affect remaining provisions.
- Act effective 15 days after publication in two newspapers of general circulation.