copyright amendments dg

8/11/2019 Copyright Amendments Dg

1/20

INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES

(IPOPHL)


2/20

Republic Act 10372 (Amendments

to IP Code)

- Enacted into law after 13 years

Balance of Rights- Rights of Creators, Publishers, Artists, etc. to

their intellectual property

- Right of the public to have access andbenefit from these works


3/20

COPYRIGHT AND RELATED RIGHTS - rights over

originalliterary and artistic works protected from the

moment of their creation


4/20

Section 10

Section 15

Section 18

Section 15

Section 27

Section 10


5/20

Benefits to Different Sectors:

500,000 Blind and Visually Impaired Filipinos

- greater access to books & reading materials

IP Code : there is need to secure permission ofcopyright holders before books can beconverted to braille

RA 10372 : this requirement has been removed,copyrighted books can now be converted inbraille form


6/20


Creative Industries ( Media, Broadcasting Organizations,Film, Music, Publishing, Design)

- government support for development of the creativesector

World Intellectual Property Office Study : creative industriesonly 4.82% of the national economy compared to Thailand12-20%

Present: No government office assisting these sector in

terms of protecting their intellectual property. NationalLibrary only as repository of works

RA 10372 : establishes the Bureau of Copyright and RelatedRights to assist the creative sector


7/20


Students, Libraries and Academe

- greater access to books & reading materials

IP Code : very limited access to books andmaterials, only 1 photocopy of a copyrightedwork is allowed in libraries

RA 10372 : limited photocopies allowed, morebooks that can be used by students particularlyin public schools, universities with limitedbudget


8/20


OFWs, Balikbayans, Returning Filipinos

- no limitation to bring in original book, CDs,

DVDs

IP Code: can bring in only 1 copy for individual

use

RA 10372 : restriction has been deleted, no

limitation


9/20


Creators, Artists, Composers, Writers

- protection of their rights by designatingorganizations to enforce their rights,empowerment our artists and gifted citizens

Present: Artists cannot enforce their rights.Organizations (FILSCAP, FILVADRO) acting for theartists are not recognized by establishments

RA 10372 : accredit organizations to help artists,authors, ensure dignified living to our artists


10/20


Retailers/Business Establishments

- assured that they are dealing only withlegitimate accredited organization

Present: Complaints received on collection ofroyalties by unestablished organizations

RA 10372 : only those accredited by the IPOPHLwill be allowed to collect royalties


11/20


Audiovisual Performers

- rights are protected

IP Code: protection only for performance fixed

in sound recording

RA 10372 : protection extended to sound and

audiovisual recording


12/20


Academe (Schools, Universities)

- promote creation of intellectual property andsafeguard creations of institutions, professors,

employees

IP Code: no provision but IPOPHL supports andassists schools, universities and colleges

RA 10372 : schools, universities realize the value oftheir intellectual properties


13/20


Publishers- prevention of importation or exportation ofinfringing books, etc.

IP Code: no express prohibition on importationof infringing materials

RA 10372 : clear prohibition on importationand exportation of infringing materials


14/20


Rights holders

- speedy enforcement of rights

Present : delay in enforcement of IP rights

RA 10372 : enforcement powers granted toIPOPHL in coordination with enforcement

agencies


15/20

The Philippines is a country endowed not

only with rich natural resources but gifted

with truly creative and world-class artists,

designers, authors, singers, performers.

There is so much potential for our creative

sector.


16/20

Development of the creative sector does notrequire much government resources only the

right legal framework within which rights are

protected to encourage further creation and

creativitywithout compromising the publics

right to access and benefitfrom these works.

RA 10372 is the right legal framework.


17/20

Moving Forward:

Extensive, nationwide consultations on the

drafting of the Implementing Rules and

Regulations

Welcome the participation of all stakeholders,

groups in these consultations


18/20

INTELLECTUAL PROPERTY OFFICE OF THE

PHILIPPINES IPOPHL)

www.ipophil.gov.ph | +632 238-6300
http://www.ipophil.gov.ph/http://www.ipophil.gov.ph/


19/20

Issues Truth

1. Deletion of importation for

Balikbayan et. Al.

No deprivation. Present law allows

up to 3 copies only. With the

amendment, unlimited as long as

not fake and covered by fair use.

2. Jailbreaking is a crime Jailbreaking is not a crime in the

amendment

3. Downloading pirated music

is a crime

Piracy and hacking have always

been a crime since 1998 (IP Code)

and 2003 (E-commerce)

4. Deletion of personal use Personal use is still Fair Use and

therefore a defense against

infringement.


20/20

Issues Truth

5. Constitutionality of

Visitorial Powers

Optical Media Act (RA 9239)

Optical Media Board is

empowered to conduct

inspections and visitorial powers

over entities engaged in

mastering, manufacture,

replication of optical media

without search warrantTariff and Customs Code (RA

1937)

Bureau of Customs is

authorized to seize any vessel

or movable property subject of

forfeiture or liable for any fine

imposed under the Tariff Code

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