Policy and purpose statements
- The State recognizes that the use of intellectual property has a social function and commits to promoting diffusion of knowledge and information for national development, progress, and the common good.
- The State policy includes enhancing enforcement of intellectual property rights and protecting exclusive rights of artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people.
Key definitions and terms
- “Author” means the natural person who has created the work. (Section 2(a))
- “Bureau” means the Bureau of Copyright and Other Related Rights of the Intellectual Property Office. (Section 2(b))
- “Communication to the public” or “communicate to the public” means any communication to the public, including broadcasting, rebroadcasting, retransmitting by cable, and broadcasting and retransmitting by satellite, and includes making a work available to the public by wire or wireless means so that members of the public may access the works from a place and time individually chosen by them. (Section 2(c))
- “Director General” means the head of the Intellectual Property Office. (Section 2(d))
- “Director” means the Director of the Bureau of Copyright and Other Related Rights. (Section 2(e))
- “Alternative Dispute Resolution Service” means the unit within the Intellectual Property Office primarily in charge of mediation proceedings. (Section 2(f))
- “Mediator” means any officer designated by the Alternative Dispute Resolution Service to amicably resolve disputes. (Section 2(g))
- “Office” means the Intellectual Property Office. (Section 2(h))
- “Public performance” includes:
- For a work other than an audiovisual work: recitation, playing, dancing, acting, or otherwise performing the work, directly or by any device or process; (Section 2(i)(1))
- For an audiovisual work: showing its images in sequence and making the sounds accompanying it audible; (Section 2(i)(2))
- For a sound recording: making recorded sounds audible at places where persons outside the normal circle of a family and that family’s closest social acquaintances are or can be present, whether at the same place/time or at different places/times, and where the performance can be perceived without the need for communication under communication to the public. (Section 2(i)(3))
Where cases are filed and who decides
- The Director of the Bureau of Copyright and Other Related Rights has original jurisdiction to resolve disputes relating to the terms of a license involving the author’s right to public performance or other communication of his work. (Section 3)
- The Director General has exclusive appellate jurisdiction over cases brought before the Director in the Director’s exercise of original jurisdiction. (Section 4)
Who may sue and what the complaint must contain
- Any aggrieved party may file a complaint with the Bureau upon payment of the required filing fee. (Section 5)
- The complaint must be in writing and must state: (Section 6)
- The name and address of the complainant and the name and address of the respondent; (Section 6(a))
- A brief statement of the nature of the complaint; (Section 6(b))
- The demands or reliefs sought; (Section 6(c))
- Verification and certification of non-forum shopping. (Section 6(d))
Escrow/consignation option
- If a party elects to avail of the Civil Code of the Philippines on consignation with respect to the royalty or any sum of money involved in the dispute, the complainant must submit to the Bureau a certified copy of the Contract of Escrow. (Section 7)
Pleadings, service, and timing rules
- Within three (3) days from receipt of the complaint, a Notice to Answer with a copy of the complaint attached must be served on the respondent by mail or personal service. (Section 8)
- The respondent must file the answer within ten (10) days from receipt, specifically:
- specifically denying the material allegations, or
- alleging any affirmative defense. (Section 8)
- No motion to dismiss is allowed. (Section 8)
Mediation and case management
- Within three (3) days from receipt of the answer or last pleading, the Director must refer the case to the Alternative Dispute Resolution Service for mediation. (Section 9)
- The rules of the Alternative Dispute Resolution Service govern mediation proceedings until the case is referred back to the Bureau. (Section 9)
Memoranda, compromise judgment, and hearings
- Within five (5) days after the case is referred back to the Bureau:
- If mediation is successful, the Director renders a judgment based on compromise; otherwise, (Section 10)
- The Director orders the parties to submit their respective memoranda attaching all evidence, within ten (10) days from receipt of the order. (Section 10)
- If necessary, the Hearing Officer may call the parties to a clarificatory hearing within ten (10) days from receipt of the last memorandum. (Section 11)
Decisions, finality, and appeals
- The Director must render a decision within thirty (30) days after receipt of the last memorandum or after the clarificatory hearing. (Section 12)
- The Director’s decision becomes final and executory after fifteen (15) days from receipt of a copy by the parties, unless within that period:
- a motion for reconsideration is filed with the Director, or
- an appeal to the Director General is perfected by filing a notice of appeal and paying the required fee. (Section 13)
- Only one (1) motion for reconsideration of the Director’s decision or order is allowed. (Section 13)
- If the motion for reconsideration is denied, the movant must file the appeal within the balance of the period previously available at the time the motion was served. (Section 13)
Supplemental rules and amendment
- These rules primarily govern disputes before the Bureau, while relevant Rules of Court provisions apply suppletorily. (Section 14)
- Rules and regulations, office orders, memoranda, circulars, and memorandum circulars, and parts inconsistent with these rules, are amended accordingly. (Section 15)
Separability and certified filing of copies
- If any provision of these regulations, or its application to any circumstance, is held invalid, the remainder of the regulations is not affected. (Section 16)
- The IPOPHL Financial Management and Administrative Services (FMAS) must immediately file three (3) certified copies of these rules with the University of the Philippines Law Center, and one (1) certified copy each to:
- the Office of the President,
- the Senate of the Philippines,
- the House of Representatives,
- the Supreme Court of the Philippines, and
- the National Library of the Philippines. (Section 17)
Issuance details
- IPO Office Order No. 13-169 is dated October 04, 2013.
- The order is signed by ATTY. RICARDO R. BLANCAFLOR, Director General.