RA. 8293 and RA 19372
COMPARED
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R.A. 8293 |
R.A. 10372 |
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"SEC. 6. The
Organizational Structure of the IPO. –
x x x
6.2. The Office shall be divided into six (6)
Bureaus, each of which shall be headed by a Director and assisted by an
Assistant Director. These Bureaus are:
a) The Bureau of
Patents;
b) The Bureau of
Trademarks;
c) The Bureau of Legal
Affairs;
d) The Documentation,
Information and Technology Transfer Bureau;
e) The Management
Information System and EDP Bureau; and
f) The Administrative,
Financial and Personnel Services Bureau.
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"SEC. 6. The
Organizational Structure of the IPO. –
x x x
"6.2. the Office shall be divided into seven (7) Bureaus, each of which shall be headed by a
Director and assisted by an Assistant Director. These Bureaus are:
"x x x
"(f) the Administrative, Financial and Personnel Services Bureau;
and
"(g)
the Bureau of Copyright and Other Related Rights."
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Section
7. The Director General and Deputies Director
General. - 7.1. Functions. - The Director
General shall exercise the following powers and functions:
b) Exercise exclusive appellate jurisdiction over all
decisions rendered by the Director of Legal Affairs, the Director of Patents,
the Director of Trademarks, and the Director of the Documentation,
Information and Technology Transfer Bureau. The decisions of the Director
General in the exercise of his appellate jurisdiction in respect of the
decisions of the Director of Patents, and the Director of Trademarks shall be
appealable to the Court of Appeals in accordance with the Rules of Court; and
those in respect of the decisions of the Director of Documentation,
Information and Technology Transfer Bureau shall be appealable to the
Secretary of Trade and Industry; and
c) Exercise 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. The decisions of the Director
General in these cases shall be appealable to the Secretary of Trade and
Industry.
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"SEC. 7. The
Director General and Deputies Director General. –
"x x x
"(b) Exercise exclusive appellate jurisdiction over all decisions
rendered by the Director of Legal Affairs, the Director of Patents, the
Director of Trademarks, the Director
of Copyright and Other Related Rights, and the Director of the
Documentation, Information and Technology Transfer Bureau. The decisions of
the Director General in the exercise of his appellate jurisdiction in respect
of the decisions of the Director of Patents, the Director of Trademarks and
the Director of Copyright and Other
Related Rights shall be appealable to the Court of Appeals in accordance
with the Rules of Court; and those in respect of the decisions of the
Director of the Documentation, Information and Technology Transfer Bureau
shall be appealable to the Secretary of Trade and Industry;
"(c)
Undertake enforcement functions supported by concerned agencies such as the
Philippine National Police, the National Bureau of Investigation, the Bureau
of Customs, the Optical Media Board, and the local government units, among
others;
"(d)
Conduct visits during reasonable hours to establishments and businesses
engaging in activities violating intellectual property rights and provisions
of this Act based on report, information or complaint received by the office;
and
"(e)
Such other functions in furtherance of protecting IP rights and objectives of
this Act."
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Section 8. The Bureau of Patents. - The Bureau of Patents shall have the following functions:
x x x
Section 9. The Bureau of
Trademarks. - The Bureau of Trademarks shall have the following
functions: x x x
Section 10. The Bureau of Legal
Affairs. - The Bureau of Legal Affairs shall have the following
functions: x x x
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Section 3. A new Section 9A is hereby inserted after Section 9 of Republic Act
No. 8293, to read as follows:
"SEC.
9A. The Bureau of Copyright
and Other Related Rights. – the
Bureau of Copyright and Other Related Rights shall have the following
functions:
"9A.1. Exercise 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;
"9A.2. Accept, review and
decide on applications for the accreditation of collective management
organizations or similar entities;
"9A.3. Conduct studies and researches in the field of copyright
and related rights; and
"9A.4. Provide other copyright and related rights service and
charge reasonable fees therefor."
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171.3. "Communication to the
public" or "communicate to the public" means the making of
a work available to the public by wire or wireless means in such a way
that members of the public may access these works from a place and time
individually chosen by them; |
"171.3. ‘Communication to the public’ or ‘communicate to the
public’ means any communication to the public, including broadcasting, rebroadcasting,
retransmitting by cable, broadcasting and retransmitting by satellite,
and includes the making of
a work available to the public by wire or wireless means in such a way that
members of the public may access these works from a place and time
individually chosen by them;"
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171.9. "Reproduction" is the making
of one (1) or more copies of a work or a sound recording in any manner or
form (Sec. 41 (E), P.D. No. 49 a); |
"171.9. ‘Reproduction’ is the making of one (1) or more copies, temporary or permanent, in whole or in part, of a work
or a sound recording in any manner or form without prejudice to the provisions of Section 185 of this Act
(Sec. 41[E], P.D. No. 49a);"
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PART IV
THE LAW ON COPYRIGHT
CHAPTER I
PRELIMINARY PROVISIONS |
Added:
Sec. 171. Definitions --
"171.12. ‘Technological
measure’ means any technology, device or component that, in the
normal course of its operation,
restricts acts in respect of a work, performance or sound recording,
which are not authorized by the
authors, performers or producers
of sound recordings concerned or permitted by law;
"171.13.
‘Rights management information’
means information which identifies the work, sound recording or performance;
the author of the work, producer of the sound recording or performer of the
performance; the owner of any right in the work, sound recording or
performance; or information about the terms and conditions of the use of the
work, sound recording or performance; and any number or code that represent
such information, when any of these items is attached to a copy of the work,
sound recording or fixation of performance or appears in conjunction with the
communication to the public of a work, soun |
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CHAPTER VII
TRANSFER OR ASSIGNMENT OF COPYRIGHT |
"CHAPTER
VII
TRANSFER,
ASSIGNMENT AND LICENSING OF
COPYRIGHT"
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Section 180. Rights of Assignee. - 180.1. The copyright may be assigned in whole or in part.
Within the scope of the assignment, the assignee is entitled to all the
rights and remedies which the assignor had with respect to the copyright.
180.2. The copyright is not deemed assigned inter vivos
in whole or in part unless there is a written indication of such intention.
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"SEC. 180. Rights
of Assignee or Licensee. – 180.1. the copyright may be
assigned or licensed in whole or in part. Within the scope of the assignment
or license, the assignee or licensee is entitled to all the rights and
remedies which the assignor or licensor had with respect to the copyright.
"180.2. the copyright is not deemed assigned or licensed inter
vivos, in whole or in part,
unless there is a written indication of such intention.
Added:
"180.4. Any exclusivity
in the economic rights in a work may be exclusively licensed. Within the
scope of the exclusive license, the licensee is entitled to all the rights
and remedies which the licensor had with respect to the copyright.
"180.5. the copyright owner has the right to regular statements of accounts from the assignee or
the licensee with regard to assigned or licensed work."
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Section 181. Copyright and Material
Object. - The copyright is distinct from the property in the
material object subject to it. Consequently, the transfer or assignment of
the copyright shall not itself constitute a transfer of the material object.
Nor shall a transfer or assignment of the sole copy or of one or several
copies of the work imply transfer or assignment of the copyright.
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"SEC. 181. Copyright
and Material Object. – the
copyright is distinct from the property in the material object subject to it.
Consequently, the transfer, assignment or
licensing of the copyright shall not itself constitute a transfer of the
material object. Nor shall a transfer or assignment of the sole copy or of
one or several copies of the work imply transfer, assignment or licensing of
the copyright. (Sec. 16, P.D. No. 49)"
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Section 183. Designation of Society. - The copyright owners or their heirs may designate a
society of artists, writers or composers to enforce their economic rights and
moral rights on their behalf. (Sec. 32, P.D. No. 49a)
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SEC. 183. Designation
of Society. – the owners of
copyright and related rights or their heirs may designate a society of
artists, writers, composers and other
right-holders to collectively manage their economic or moral rights on their
behalf. For the said societies to enforce the rights of their members, they shall first secure the necessary
accreditation from the Intellectual Property Office.
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Section 184. Limitations on
Copyright. -- x x x
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"SEC. 184. Limitations
on Copyright. – x x x
Added:
"(1) the reproduction or
distribution of published articles or materials in a specialized format
exclusively for the use of the blind,
visually- and reading-impaired persons:
Provided, That
such copies and distribution shall be made on a nonprofit basis and shall indicate
the copyright owner and the date of the original publication."
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Section 185. Fair Use of a Copyrighted Work. - 185.1. The fair use of a copyrighted work
for criticism, comment, news reporting, teaching including multiple copies
for classroom use, scholarship, research, and similar purposes is not an
infringement of copyright. Decompilation, which is understood here to be the
reproduction of the code and translation of the forms of the computer program
to achieve the inter-operability of an independently created computer program
with other programs may also constitute fair use. In determining whether the
use made of a work in any particular case is fair use, the factors to be
considered shall include: |
"SEC. 185. Fair
Use of a Copyrighted Work. –
185.1. the fair use of a copyrighted work for criticism, comment, news
reporting, teaching including limited
number of copies for classroom use, scholarship, research, and
similar purposes is not an infringement of copyright. Decompilation, which is
understood here to be the reproduction of the code and translation of the
forms of a computer program to achieve the interoperability of an
independently created computer program with other programs may also
constitute fair use under the criteria
established by this section, to the extent that such decompilation is done
for the purpose of obtaining the information necessary to achieve such
interoperability.
"x x x."
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Section 188. Reprographic
Reproduction by Libraries. - 188.1. Notwithstanding
the provisions of Subsection 177.6, any library or archive whose activities
are not for profit may, without the authorization of the author of copyright
owner, make a single copy of the work by reprographic reproduction:
“xxx
(c) Where the making of
such a copy is in order to preserve and, if necessary in the event
that it is lost, destroyed or rendered unusable, replace a copy, or to
replace, in the permanent collection of another similar library or archive, a
copy which has been lost, destroyed or rendered unusable and copies are not
available with the publisher.
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"SEC. 188. Reprographic
Reproduction by Libraries. –
188.1. Notwithstanding the provisions of Subsection 177.1., any library or
archive whose activities are not for profit may, without the authorization of
the author or copyright owner, make a
limited number of copies of the work, as may be necessary for such
institutions to fulfill their mandate, by reprographic reproduction:
"x x x
"(c) Where the making of such limited copies is in order to preserve and, if necessary in the
event that it is lost, destroyed or rendered unusable, replace a copy, or to
replace, in the permanent collection of another similar library or archive, a
copy which has been lost, destroyed or rendered unusable and copies are not
available with the publisher."
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Section 190. Importation for
Personal Purposes. - 190.1. Notwithstanding the provision of Subsection
177.6, but subject to the limitation under the Subsection 185.2, the
importation of a copy of a work by an individual for his personal purposes
shall be permitted without the authorization of the author of, or other owner
of copyright in, the work under the following circumstances:
(a) When copies of the work are not available in the
Philippines and:
(i) Not more than one (1) copy at one time is imported
for strictly individual use only; or
(ii) The importation is by authority of and for the use
of the Philippine Government; or
(iii) The importation, consisting of not more than three
(3) such copies or likenesses in any one invoice, is not for sale but for the
use only of any religious, charitable, or educational society or institution
duly incorporated or registered, or is for the encouragement of the fine
arts, or for any state school, college, university, or free public library in
the Philippines.
(b) When such copies form parts of libraries and
personal baggage belonging to persons or families arriving from foreign
countries and are not intended for sale: Provided, That such copies do not
exceed three (3).
190.2. Copies imported as allowed by this Section may
not lawfully be used in any way to violate the rights of owner the copyright
or annul or limit the protection secured by this Act, and such unlawful use
shall be deemed an infringement and shall be punishable as such without
prejudice to the proprietor's right of action.
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Sections 190.1. and 190.2. of Republic Act No. 8293 are DELETED in their entirety.
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190.3. Subject to the approval of the
Secretary of Finance, the Commissioner of Customs is hereby empowered to make
rules and regulations for preventing the importation of articles the
importation of which is prohibited under this Section and under treaties and
conventions to which the Philippines may be a party and for seizing and
condemning and disposing of the same in case they are discovered after they
have been imported. (Sec. 30, P.D. No. 49) |
Section 190.3. of Republic Act No. 8293 is hereby renumbered and
amended as the sole provision under Section 190 to read as follows:
"SEC 190. Importation
and Exportation of Infringing Materials. –
Subject to the approval of the Secretary of Finance, the Commissioner of
Customs is hereby empowered to make rules and regulations for preventing the
importation or exportation of
infringing articles prohibited
under Part IV of this Act and under relevant treaties and conventions to
which the Philippines may be a party and for seizing and condemning and
disposing of the same in case they are discovered after they have been
imported or before they are exported.
(Sec. 30, P.D. No. 49)"
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Section 191. Registration and Deposit with National
Library and the Supreme Court Library. -
After the first public dissemination
of performance by authority of the copyright owner of a work falling under
Subsections 172.1, 172.2 and 172.3 of this Act, there shall, for the purpose
of completing the records of the National Library and the Supreme Court
Library, within three (3) weeks,
be registered and deposited with it, by personal delivery or by registered
mail two (2) complete copies or reproductions of the work in such form as the
directors of said libraries may prescribe. |
"SEC 191. Deposit
and Notice of Deposit with the National Library and the Supreme Court
Library. – At any time during the subsistence of the
copyright, the owner of the copyright
or of any exclusive right in the work may, for the purpose of completing
the records of the National Library and the Supreme Court Library, register
and deposit with them, by personal delivery or by registered mail, two (2)
complete copies or reproductions of the work in such form as the Directors of
the said libraries may prescribe in accordance with regulations: Provided, That only works in the field of
law shall be deposited with the Supreme Court Library. Such registration and deposit is not a
condition of copyright protection."
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Section 198. Term of Moral Rights. - 198.1. The rights of an author under this chapter shall
last during the lifetime of the author and for fifty (50) years after
his death and shall not be assignable or subject to license. The person or
persons to be charged with the posthumous enforcement of these rights shall
be named in writing to be filed with the National Library. In default of such
person or persons, such enforcement shall devolve upon either the author's
heirs, and in default of the heirs, the Director of the National Library.
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"SEC. 198. Term
of Moral Rights. – 198.1.
the right of an author under Section 193.1. shall last during the
lifetime of the author and in
perpetuity after his death while the rights under Sections 193.2.
193.3. and 193.4. shall be coterminous with the economic rights, the
moral rights shall not be assignable or subject to license. the person or
persons to be charged with the posthumous enforcement of these rights shall
be named in a written instrument which shall be filed with the National
Library. In default of such person or persons, such enforcement shall devolve
upon either the author’s heirs, and in default of the heirs, the Director of
the National Library."
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193.1. To require that the authorship of the works be attributed to
him, in particular, the right that his name, as far as practicable, be
indicated in a prominent way on the copies, and in connection with the public
use of his work; (perpetuity)
193.2. To make any alterations of his work prior to, or to withhold it
from publication; (life + 50)
193.3. To object to any distortion, mutilation or other modification
of, or other derogatory action in relation to, his work which would be
prejudicial to his honor or reputation; and (life + 50)
193.4. To restrain the use of his name with respect to any work not of
his own creation or in a distorted version of his work. (life + 50)
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Section 203. Scope of Performers'
Rights. - Subject to the provisions of Section 212, performers
shall enjoy the following exclusive rights:
203.1. As regards their performances, the right of
authorizing:
(a) The broadcasting
and other communication to the public of their performance; and
(b) The fixation of
their unfixed performance.
203.2. The right
of authorizing the direct or indirect reproduction of their performances
fixed in sound recordings, in any manner or form; 203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their performance fixed in the sound recording through sale or rental or other forms of transfer of ownership; 203.4. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings, even after distribution of them by, or pursuant to the authorization by the performer; and 203.5. The right of authorizing the making available to the public of their performances fixed in sound recordings, by wire or wireless means, in such a way that members of the public may access them from a place and time individually chosen by them. (Sec. 42, P.D. No. 49a) |
Section 203 of Republic Act No. 8293 is hereby amended to read as
follows;
"x x x
"203.2. the right of authorizing the direct or indirect
reproduction of their performances fixed in sound recordings or audiovisual works or fixations
in any manner or form;
"203.3. Subject to the provisions of Section 206, the right of
authorizing the first public distribution of the original and copies of their
performance fixed in sound recordings or audiovisual works or fixations
through sale or rental of other forms of transfer of ownership;
"203.4. the right of authorizing the commercial rental to the
public of the original and copies of their performances fixed in sound
recordings or audiovisual works or
fixations, even after distribution of them by, or pursuant to the
authorization by the performer; and
"203.5. the right of authorizing the making available to the
public of their performances fixed in sound recordings or audiovisual works or fixations, by wire or wireless
means, in such a way that members of the public may access them from a place
and time individually chosen by them. (Sec. 42, P.D. No. 49A)."
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Section 204. Moral Rights of
Performers. - 204.1. Independently of a performer's economic
rights, the performer, shall, as regards his live aural performances or
performances fixed in sound recordings, have the right to claim to be
identified as the performer of his performances, except where the omission is
dictated by the manner of the use of the performance, and to object to any
distortion, mutilation or other modification of his performances that would
be prejudicial to his reputation.
204.2. The rights granted to a performer in accordance with
Subsection 203.1 shall be maintained and exercised fifty (50) years after his
death, by his heirs, and in default of heirs, the government, where
protection is claimed. (Sec. 43, P.D. No. 49)
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Section 204.1. of Republic Act No. 8293 is hereby amended to read as
follows;
"204.1. Independently of a performer’s economic rights, the
performer shall, as regards his live aural performances or performances fixed
in sound recordings or in audiovisual works or fixations, have the right to
claim to be identified as the performer of his performances, except where the
omission is dictated by the manner of the use of the performance, and to
object to any distortion, mutilation or other modification of his
performances that would be prejudicial to his reputation."
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Section 208. Scope of Right. - Subject to the provisions of Section 212, producers of
sound recordings shall enjoy the following exclusive rights:
208.1. The right to authorize the direct or indirect
reproduction of their sound recordings, in any manner or form; the placing of
these reproductions in the market and the right of rental or lending;
208.2. The right to authorize the first public
distribution of the original and copies of their sound recordings through
sale or rental or other forms of transferring ownership; and
208.3. The right to authorize the commercial rental to
the public of the original and copies of their sound recordings, even after
distribution by them by or pursuant to authorization by the producer. (Sec.
46, P.D. No. 49a)
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Section 208 of Republic Act No. 8293 is hereby amended to read as
follows:
"SEC. 208. Scope
of Right. – x x x
"208.4. the right to authorize the making available to the public
of their sound recordings in such a way that members of the public may access
the sound recording from a place and at a time individually chosen or
selected by them, as well as other transmissions of a sound recording with
like effect."
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Section 212. Limitations on Rights. - Sections 203, 208 and 209 shall not apply where the acts
referred to in those Sections are related to:
212.1. The use by a natural person exclusively for his
own personal purposes;
212.2. Using short excerpts for reporting current
events;
212.3. Use solely for the purpose of teaching or for
scientific research; and
212.4. Fair use of the broadcast subject to the
conditions under Section 185. (Sec. 44, P.D. No. 49a)
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Section 212 of Republic Act No. 8293 is hereby amended to read as
follows:
"SEC. 212. Limitations
on Rights. – the provisions
of Chapter VIII shall apply mutatis
mutandis to the rights of
performers, producers of sound recordings and broadcasting
organizations."
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Section 216. Remedies for
Infringement. - 216.1. Any person infringing a right protected under
this law shall be liable:
(a) To an injunction
restraining such infringement. The court may also order the defendant to
desist from an infringement, among others, to prevent the entry into the
channels of commerce of imported goods that involve an infringement,
immediately after customs clearance of such goods.
(b) Pay to the
copyright proprietor or his assigns or heirs such actual damages, including
legal costs and other expenses, as he may have incurred due to the
infringement as well as the profits the infringer may have made due to such
infringement, and in proving profits the plaintiff shall be required to prove
sales only and the defendant shall be required to prove every element of cost
which he claims, or, in lieu of actual damages and profits, such damages
which to the court shall appear to be just and shall not be regarded as
penalty.
(c) Deliver under oath,
for impounding during the pendency of the action, upon such terms and
conditions as the court may prescribe, sales invoices and other documents
evidencing sales, all articles and their packaging alleged to infringe a
copyright and implements for making them.
(d) Deliver under oath
for destruction without any compensation all infringing copies or devices, as
well as all plates, molds, or other means for making such infringing copies
as the court may order.
(e) Such other terms
and conditions, including the payment of moral and exemplary damages, which
the court may deem proper, wise and equitable and the destruction of
infringing copies of the work even in the event of acquittal in a criminal
case.
216.2. In an infringement action, the court shall also
have the power to order the seizure and impounding of any article which may
serve as evidence in the court proceedings. (Sec. 28, P.D. No. 49a)
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Section 216 of Republic Act No. 8293 is hereby amended to read as
follows:
"SEC. 216. Infringement. – A person infringes a right
protected under this Act when one:
"(a) Directly commits an infringement;
"(b) Benefits from the infringing activity of another person who
commits an infringement if the person benefiting has been given notice of the
infringing activity and has the right and ability to control the activities
of the other person;
"(c) With knowledge of infringing activity, induces, causes or
materially contributes to the infringing conduct of another.
"216.1. Remedies
for Infringement. – Any
person infringing a right protected under this law shall be liable:
"x x x
"(b) To pay to the copyright proprietor or his assigns or heirs
such actual damages, including legal costs and other expenses, as he may have
incurred due to the infringement as well as the profits the infringer may
have made due to such infringement, and in proving profits the plaintiff
shall be required to prove sales only and the defendant shall be required to
prove every element of cost which he claims, or, in lieu of actual damages
and profits, such damages which to the court shall appear to be just and
shall not be regarded as penalty: Provided, That the amount of damages to be
awarded shall be doubled against any person who:
"(i) Circumvents effective technological measures; or
"(ii) Having reasonable grounds to know that it will induce,
enable, facilitate or conceal the infringement, remove or alter any
electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, or distribute, import for
distribution, broadcast, or communicate to the public works or copies of
works without authority, knowing that electronic rights management
information has been removed or altered without authority.
"x x x
"The copyright owner may elect, at any time before final judgment
is rendered, to recover instead of actual damages and profits, an award of
statutory damages for all infringements involved in an action in a sum
equivalent to the filing fee of the infringement action but not less than
Fifty thousand pesos (Php50,000.00). In awarding statutory damages, the court
may consider the following factors:
"(1) the nature and purpose of the infringing act;
"(2) the flagrancy of the infringement;
"(3) Whether the defendant acted in bad faith;
"(4) the need for deterrence;
"(5) Any loss that the plaintiff has suffered or is likely to
suffer by reason of the infringement; and
"(6) Any benefit shown to have accrued to the defendant by reason
of the infringement.
"In case the infringer was not aware and had no reason to believe
that his acts constitute an infringement of copyright, the court in its
discretion may reduce the award of statutory damages to a sum of not more
than Ten thousand pesos (Php10,000.00): Provided, That the amount of damages to be
awarded shall be doubled against any person who:
"(i) Circumvents effective technological measures; or
"(ii) Having reasonable grounds to know that it will induce,
enable, facilitate or conceal the infringement, remove or alter any
electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, or distribute, import for
distribution, broadcast, or communicate to the public works or copies of
works without authority, knowing that electronic rights management
information has been removed or altered without authority.
"x x x
"216.2. In an infringement action, the court shall also have the
power to order the seizure and impounding of any article which may serve as
evidence in the court proceedings, in accordance with the rules on search and
seizure involving violations of intellectual property rights issued by the
Supreme Court. (Sec. 28, P.D. No. 49a)
"The foregoing shall not preclude an independent suit for relief
by the injured party by way of damages, injunction, accounts or
otherwise."
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Section 217. Criminal Penalties. - 217.1. Any person infringing any right secured by
provisions of Part IV of this Act or aiding or abetting such infringement
shall be guilty of a crime punishable by:
(a) Imprisonment of one
(1) year to three (3) years plus a fine ranging from Fifty thousand pesos
(P50,000) to One hundred fifty thousand pesos (P150,000) for the first
offense.
(b) Imprisonment of
three (3) years and one (1) day to six (6) years plus a fine ranging from One
hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos
(P500,000) for the second offense.
(c) Imprisonment of six
(6) years and one (1) day to nine (9) years plus a fine ranging from five
hundred thousand pesos (P500,000) to One million five hundred thousand pesos
(P1,500,000) for the third and subsequent offenses.
(d) In all cases,
subsidiary imprisonment in cases of insolvency.
217.2. In determining the number of years of
imprisonment and the amount of fine, the court shall consider the value of
the infringing materials that the defendant has produced or manufactured and
the damage that the copyright owner has suffered by reason of the
infringement.
217.3. Any person who at the time when copyright
subsists in a work has in his possession an article which he knows, or ought
to know, to be an infringing copy of the work for the purpose of:
(a) Selling, letting
for hire, or by way of trade offering or exposing for sale, or hire, the
article;
(b) Distributing the
article for purpose of trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work; or
(c) Trade exhibit of
the article in public, shall be guilty of an offense and shall be liable on
conviction to imprisonment and fine as above mentioned. (Sec. 29, P.D. No.
49a)
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"217.2. In determining the number of years of imprisonment and
the amount of fine, the court shall consider the value of the infringing
materials that the defendant has produced or manufactured and the damage that
the copyright owner has suffered by reason of the infringement: Provided, That the respective maximum
penalty stated in Section 217.1. (a), (b) and (c) herein for the first,
second, third and subsequent offense, shall be imposed when the infringement
is committed by:
"(a) the circumvention of effective technological measures;
"(b) the removal or alteration of any electronic rights
management information from a copy of a work, sound recording, or fixation of
a performance, by a person, knowingly and without authority; or
"(c) the distribution, importation for distribution, broadcast,
or communication to the public of works or copies of works, by a person
without authority, knowing that electronic rights management information has
been removed or altered without authority."
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217.2. In determining the number of years of
imprisonment and the amount of fine, the court shall consider the value of
the infringing materials that the defendant has produced or manufactured and
the damage that the copyright owner has suffered by reason of the
infringement.
217.3. Any person who at the time when copyright
subsists in a work has in his possession an article which he knows, or ought
to know, to be an infringing copy of the work for the purpose of:
(a) Selling, letting for
hire, or by way of trade offering or exposing for sale, or hire, the article;
(b) Distributing the
article for purpose of trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work; or
(c) Trade exhibit of
the article in public, shall be guilty of an offense and shall be liable on
conviction to imprisonment and fine as above mentioned. (Sec. 29, P.D. No.
49a)
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"217.2. In determining the number of years of imprisonment and
the amount of fine, the court shall consider the value of the infringing
materials that the defendant has produced or manufactured and the damage that
the copyright owner has suffered by reason of the infringement: Provided, That the respective maximum
penalty stated in Section 217.1. (a), (b) and (c) herein for the first,
second, third and subsequent offense, shall be imposed when the infringement
is committed by:
"(a) the circumvention of effective technological measures;
"(b) the removal or alteration of any electronic rights management
information from a copy of a work, sound recording, or fixation of a
performance, by a person, knowingly and without authority; or
"(c) the distribution, importation for distribution, broadcast,
or communication to the public of works or copies of works, by a person
without authority, knowing that electronic rights management information has
been removed or altered without authority."
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Section 226. Damages. - No damages may be recovered under this Act after four (4)
years from the time the cause of action arose. (Sec. 58, P.D. No. 49)
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"SEC. 226. Damages. – No damages may be recovered
under this Act after the lapse of
four (4) years from the time the cause of action arose. (Sec. 58, P.D. No.
49)."
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PART V
FINAL PROVISIONS
Section 230. Equitable Principles to
Govern Proceedings. - In all inter partes proceedings in the Office under
this Act, the equitable principles of laches, estoppel, and acquiescence
where applicable, may be considered and applied.
> <
Section 231. Reverse Reciprocity of
Foreign Laws. - Any condition, restriction, limitation, diminution,
requirement, penalty or any similar burden imposed by the law of a foreign
country on a Philippine national seeking protection of intellectual property
rights in that country, shall reciprocally be enforceable upon nationals of
said country, within Philippine jurisdiction. (n)
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Chapter XX of Republic Act No. 8293 is hereby amended by adding a new
section at the end thereof to be denominated as Section 230, to read as
follows:
"SEC.
230. Adoption of
Intellectual Property (IP) Policies. – Schools
and universities shall adopt intellectual property policies that would govern
the use and creation of intellectual property with the purpose of
safeguarding the intellectual creations of the learning institution and its
employees, and adopting locally-established industry practice fair use
guidelines. These policies may be developed in relation to licensing
agreements entered into by the learning institution with a collective
licensing organization."
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Section 230 of Republic Act No. 8293 is hereby renumbered as Section
231, and all succeeding sections of the same Act are hereby renumbered
accordingly.
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