Legal basis and program linkages
- The Rules implement State policies under the Intellectual Property Code of the Philippines (Republic Act No. 8293).
- Section 191 of the IP Code provides for registration and deposit of works with the National Library and the Supreme Court Library at any time during the subsistence of copyright.
- Republic Act No. 10372 amends Section 191 of the IP Code and is treated as part of the legal basis for the registration-and-deposit framework.
- The Rules operate pursuant to a Memorandum of Agreement (MOA) dated January 25, 2011 where the National Library of the Philippines (NLP) deputized IPOPHL as a receiving office.
- The Rules guide registration and deposit of copyrighted works with IPOPHL through its Intellectual Property Satellite Offices (IPSOs) and also govern transmittal to the NLP.
Purpose and construction mandate
- The Rules are adopted to carry out the objectives of the Constitution, the IP Code, and the IPOPHL-NLP MOA.
- The Rules must be liberally construed to achieve those objectives.
Key definitions for registration
- An Assignee is a person or entity to which the author or copyright holder has assigned the copyright in whole or in part, and within the assignment scope the assignee is entitled to the rights and remedies of the assignor.
- An Author or Creator is a natural person who has created the work.
- The Bureau of Copyright and other Related Rights (BCRR) is the IPOPHL bureau in charge of copyright matters.
- The Intellectual Property Field Operations Unit (IPFOU) is the IPOPHL unit that supervises IPSO operations.
- an Intellectual Property Satellite Office (IPSO) is a field office established to provide a base for public awareness campaigns and to make technical and advisory services available to IP stakeholders in the regions.
- An IPSO Field Specialist is IPSO personnel responsible for receiving applications, and for these Rules also includes IPFOU personnel in Manila assigned to receive applications.
- A Storage Medium is a device serving as container of electronic data, including USB flash drives, optical discs, magnetic tapes, and other devices later developed.
- A Technical Description is a brief description of every view of a design or drawing (including perspective, front, side, top, bottom, and/or back) with corresponding figure numbers.
Coverage, who may apply, deposit classification
- The Rules apply to registration and deposit of copyrighted works with IPOPHL through IPSOs.
- The Rules may be adapted mutatis mutandis by the NLP.
- The Rules do not affect the system of deposit of works in the field of law maintained by the Supreme Court Library.
- The author or creator, the author’s heirs, or an assignee may apply for a certificate of copyright registration and deposit.
- Applicants may apply in person or through a duly authorized representative.
- Non-resident applicants may be represented by a duly authorized resident agent.
- The deposit must follow the Rules’ class-by-class manner for the type of work, including the quantity of originals or required electronic submission via online or via a storage medium.
Manner of deposit by work class
- Class A (books, pamphlets, articles, e-books, audio books, comics, novels, and other writings) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class B (periodicals, newspapers, journals, diaries, magazines, e-zines) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class C (lectures, sermons, addresses, speeches, dissertations prepared for oral delivery) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class D (letters, circulars, encyclicals, email and other electronic messages) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class E (dramatic or dramatico-musical compositions, plays, operas, choreographic works, pantomimes, magic routines and other novelty acts) requires two (2) original copies of the music sheet or an electronic copy submitted online or in a storage medium.
- Class F (musical compositions with or without lyrics) requires two (2) original copies of the music sheet or an electronic copy submitted online or in a storage medium.
- Class G (drawings, paintings, architectural works, sculpture, engraving, prints, lithography or other works of art, models or designs for works of art) requires two (2) 5R photographs or an electronic copy submitted online or in a storage medium.
- Class H (ornamental designs or models for articles of manufacture and industrial objects, and other works of applied art) requires two (2) 5R photographs or an electronic copy submitted online or in a storage medium, with a technical description of the design.
- Class I (illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture, or science) requires two (2) 5R photographs or an electronic copy submitted online or in a storage medium.
- Class J (drawings or plastic works of a scientific or technical character) requires two (2) 5R photographs or an electronic copy submitted online or in a storage medium.
- Class K (photographic works including works produced by a process analogous to photography, lantern slides) requires two (2) 5R photographs or an electronic copy submitted online or in a storage medium.
- Class L (audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class M (pictorial illustrations and advertisements) requires two (2) 5R photographs or an electronic copy submitted online or in a storage medium.
- Class N (computer programs, software, games, applications) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class O (other literary, scholarly, scientific and artistic works, including reports, studies, research, theses, and other academic papers, examinations, online courses, presentations) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class P (sound recordings) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
- Class Q (broadcast recordings) requires two (2) original copies or an electronic copy submitted online or in a storage medium.
Application requirements and documentary proof
- Applications for registration and deposit are filed using the duly accomplished registration and deposit form (RDF).
- The RDF must be filed in duplicate for each work.
- Each application must be accompanied by the original or a certified true copy of all required documents.
Proof of ownership or acquisition
- For authors or creators, the application must include an affidavit under Sec. 218 of the IP Code.
- For heirs, the application must include an affidavit under Sec. 218 of the IP Code, the death certificate of the author or creator, and:
- a birth certificate (for children), or
- a marriage certificate (for spouse), or
- a will/any document evidencing designation as heir (for heirs other than spouse or children).
- For heirs other than spouse or children, the affidavit must contain:
- a statement that there are no other existing heirs, and
- a statement indicating the relationship with the deceased author, if related by consanguinity.
- For assignees, the application must include:
- an affidavit under Sec. 218 of the IP Code, and
- a deed of assignment or any instrument transferring or waiving ownership of copyright.
Proof of applicant identity
- For natural persons, identity must be proven by competent evidence referring to identification based on:
- at least one current identification document issued by an official agency bearing the individual’s photograph and signature; or
- an oath or affirmation of one credible witness not privy to the instrument, document, or transaction who is personally known to the notary public and personally knows the individual; or
- oaths or affirmations of two credible witnesses neither of whom is privy to the instrument, document, or transaction, where each personally knows the individual and shows documentary identification to the notary public.
- For juridical persons, identity must be proven by a certificate of registration issued by:
- the Securities and Exchange Commission (for corporations); or
- the Department of Trade and Industry (for single proprietorships), and only if the author is other than the owner of the single proprietorship.
Proof of authority to represent
- Representatives of natural persons must submit a special power of attorney.
- Representatives of juridical persons must submit a board resolution or secretary’s certificate authorizing the representative to sign.
- Every application must include the official receipt of the filing fee or the validated deposit slip if payment is made through the depositary bank.
- Every application must include the work to be deposited according to the Rules’ deposit manner.
Filing fee and payment scheme
- A fee structure must be adopted in accordance with the IP Code and relevant laws or regulations.
- The filing fee includes a basic fee consisting of:
- the fund-in-trust for NLP, equivalent to fees imposed on copyright registrations, and
- the administrative expenses incurred by IPOPHL.
- An additional fee is charged to cover:
- expenses of sending deposited works to IPOPHL Manila, and
- sending the certificates directly to the applicant’s address.
- IPOPHL may grant to NLP, upon formal request by NLP and approval of a project proposal related to enhancement of copyright services, the fee covering administrative expenses.
Fixed fee schedule
- The Rules adopt this fee schedule:
- C01 (Manila): Basic Fee (PhP) 200, Courier (PhP) 300, Fund-in-trust for NLP 125, Administrative expenses 625 (total shown as 625).
- C02 (Regions): Basic Fee (PhP) 200, Courier (PhP) 300, Fund-in-trust for NLP 250, Administrative expenses 750 (total shown as 750).
- C03 (Bulk (50 works and above)): Basic Fee (PhP) 200, Courier (PhP) 200 (fund-in-trust and administrative expenses not shown for this line).
Registration process and timeline
- Applicants personally submit the accomplished RDF and required documents to the IPFOU if filed in Manila, or to the proper IPSO if filed outside Manila.
- The IPSO Field Specialist determines the class/es under which the work can be categorized.
- The IPSO Field Specialist reviews the RDF entries for correctness and checks the completeness of submitted documents.
- Only complete applications that comply with the requirements shall be given due course.
- After completeness is found, the applicant is directed to pay the prescribed filing fee.
- Only one filing fee is charged for an application of a work falling under multiple classes.
- A Statement of Account (SOA) is issued, and the applicant pays the fee at the designated Land Bank branch.
- Upon presentation of the validated deposit slip, the IPSO Field Specialist receives the RDF with attachments, generates the RDF number and date of filing, and issues an Acknowledgement Receipt (AR) pending release of the official receipt (OR).
- The IPSO Field Specialist encodes the bibliographic entry and scans required documents, including the AR, the SOA, and the validated deposit slip.
- The IPSO Field Specialist transmits scanned documents to the IPFOU, which verifies scanned-document completeness in collaboration with the BCRR.
- The IPFOU transmits the AR, SOA, and validated deposit slip to the IPOPHL Cashier for preparation of the OR.
- After the Cashier notifies release of the OR, the BCRR prints the Certificate of Registration and Deposit, which is released to the applicant after five (5) working days from filing of the RDF.
Allowable corrections
- Whatever is written in the RDF regarding ownership of copyright, authorship, and title is deemed final and must be reflected in the certificate.
- Corrections in the RDF and certificate are allowed only if they are substantial in nature, and only upon:
- a written request, and
- payment of a fee equivalent to the application fee.
Contents of the certificate
- The Certificate of Registration and Deposit contains:
- name of the applicant or copyright holder
- title of the work
- name of the author
- class/es where the work belongs
- date of creation
- period of protection
- facsimile signature of the Director General or any duly authorized IPOPHL official
- a statement that the registration and deposit are made to complete the records of the national library
- a statement that a certified true copy of the affidavit of ownership is attached at the back and forms an integral part of the certificate
- a certified true copy of the affidavit of ownership
Post-registration administration and database handling
- The IPSO transmits the deposited works to the BCRR on a monthly basis.
- The BCRR has temporary custody of deposited works and transmits them to the NLP on a semi-annual basis.
- The NLP and IPOPHL jointly administer the copyright registration database.
Cancellation and certified true copies
- The IPOPHL Director General may cancel a Certificate of Copyright Registration and Deposit covering a specific work upon:
- written request by an interested party, and
- payment of a fee equivalent to the application fee.
- Cancellation is grounded on any of the following:
- a final court decision ordering cancellation of the certificate
- a final order of the Director of the Bureau of legal Affairs of IPOPHL in copyright infringement cases
- registration of deeds of transfers, assignments, and other transactions affecting copyright, including transfers by inheritance, conveying copyright over a specific work
- expiration of the term of copyright
- Upon written request by the copyright owner or any interested party and payment of Five Hundred Pesos (PhP 500), the BCRR issues a certified true copy of a Certificate of Copyright Registration and Deposit.
Final provisions: separability, filings, effectivity
- A separability clause preserves the validity of remaining provisions if any section or provision is held invalid.
- The IPOPHL Financial Management and Administrative Services (FMAS) must file:
- three (3) certified copies of these Rules with the University of the Philippines Law Center
- 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.