Definitions of Key Terms
- Assignee: Entity or person assigned copyright rights, entitled to all rights/remedies within the scope of assignment.
- Author/Creator: Natural person who created the work.
- Bureau of Copyright and other Related Rights (BCRR): IPOPHL bureau managing copyright issues.
- Heir: Person succeeding copyright through will or by law.
- Intellectual Property Satellite Office (IPSO): Regional IPOPHL offices providing IP-related services.
- IPSO Field Specialist: Personnel responsible for receiving IP applications.
- Storage Medium: Devices used for electronic data submission (USB, optical discs, etc.).
- Technical Description: Brief description of all views of designs or drawings with figure numbers.
Eligibility to Apply for Registration
- Applications may be filed by the author/creator, heirs, or assignees.
- Applications can be submitted personally or via authorized representatives.
- Non-resident applicants must have a resident agent.
Documentary Requirements for Registration
- Duly accomplished registration and deposit form (RDF) in duplicate.
- Proof of copyright ownership or acquisition:
- Affidavit of ownership by author, heir, or assignee.
- Death certificate and proof of heirship for heirs.
- Deed of assignment for assignees.
- Proof of identity:
- For individuals: valid government-issued ID or credible witness affidavit.
- For juridical persons: SEC or DTI registration certificate.
- Proof of authority for representatives (special power of attorney or board resolution).
- Official receipt or deposit slip for filing fee payment.
- Submission of the work to be registered as per specified manner.
Filing Fee Structure
- Basic filing fee includes fund-in-trust for NLP and IPOPHL administrative costs.
- Additional courier fees applied for sending deposited works and certificates.
- Differential fees based on location (Manila, Regions) and volume (bulk submissions).
- Fee may support NLP project proposals enhancing copyright services.
Manner of Deposit of Works
- Detailed classification from books, periodicals, musical and artistic works, computer programs, audiovisual works, sound recordings, etc.
- Deposit formats include two original copies or electronic submissions via storage medium or online.
- Specific requirements such as 5R photographs or technical descriptions for designs and artistic works.
Procedure for Registration
- Submission of accomplished RDF and supporting documents to IPFOU (Manila) or IPSO (regions).
- Field specialist reviews application completeness and categorizes works.
- Upon completeness, applicant pays prescribed fee and obtains Statement of Account.
- Receipt of validated deposit slip triggers official acceptance, RDF number issuance, and Acknowledgement Receipt.
- Encoding and scanning of application data by IPSO.
- Transmission of scanned documents to IPFOU and collaboration with BCRR for verification.
- Forwarding of payment documents to IPOPHL Cashier for issuance of Official Receipt.
- Printing and release of Certificate of Registration and Deposit within five (5) working days after filing.
Corrections and Contents of Certificate
- RDF entries for ownership, authorship, and title are final once filed.
- Substantial corrections allowed only by written request and payment of a fee equivalent to application fee.
- Certificate contains:
- Applicant/copyright holder name
- Work title
- Author name
- Work classification(s)
- Date of creation
- Period of copyright protection
- Authorized facsimile signature
- Statements confirming registration for national library records and attachment of affidavit of ownership.
Post-Registration Provisions
- Deposited works transmitted monthly from IPSOs to BCRR, then semi-annually to the NLP.
- IPOPHL Director General may cancel certificates upon:
- Final court order
- Director of Bureau of Legal Affairs order in infringement cases
- Registration of transfer or inheritance documents
- Expiration of copyright term
- Certified true copies of certificates issued upon request with a fee of Php 500.
- Copyright registration database co-administered by IPOPHL and NLP.
Final and Miscellaneous Provisions
- Separability clause ensures invalid provisions do not affect the remainder of the rules.
- Certified copies of the rules to be furnished to key government institutions.
- The rules take effect 15 days after publication in a newspaper of general circulation.