FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No.2 4 8 '7 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
Article XIV Section 13 of the 1987 Constitution states that "[t]he State shall protect and 
secure the exclusive rights of SCientists, inventors, artists, and other gifted citizens to their 
intellectual property and creations, particularly when beneficial to the people, for such period as 
may be provided by law." 
Considering the growing literary and artistic works of our countrymen and those that they 
are exposed to, an amendment of the Intellectual Property Code is proper. Under this 
amendment, a Bureau of Copyright is created to focus on these literary and artistic works and 
its derivatives with the end in view of ensuring that any dispute that may arise related to the 
same may be swiftly addressed. 
Further, in view of the changing times, i.e. the evolution of contracts, leap in the 
electronic age and information technology, the Intellectual property Code is likewise amended to 
adjust to these changes. For example the rights enjoyed by assignees of a copyright are now 
also enjoyable by licensees, the reproduction of a copyrighted work will not be considered an 
infringement if reproduced in a specialized format for use of visually impaired persons, the 
concept of "technological measure" is introduced to prevent the public from circumventing ways 
of gaining access to an otherwise restricted copyright, the power of the Customs Commissioner 
as regards infringing materials is now expanded not only to cover those imported protected 
materials but also those that are exported, and the rights of producers of sound recordings are 
also expanded to include the authority to permit and/or restrict public access of the same. 
Instances when there are infringement and remedies if such arise are likewise amended. 
The principle of double the damage under certain circumstances is introduced to increase the 
penalty imposed against infringers and thereby dissuade future infringers from committing the 
acts prohibited under the law. A provision of disclosure of information is likewise inserted to 
provide notice to the owners of such copyright of any discovered copyright infringement. 
These amendments are aimed to make our current Intellectual Property Code adapt to 
the inevitable changes we now face. 
With this in mind, the passage of this bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
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, 
S. B. No. 2487 
Introduced by SENATOR MANNY VILLAR 
AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293 ENTITLED "AN 
ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING 
THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND 
FUNCTIONS AND FOR OTHER PURPOSES" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 6 of Republic Act No. 8293, otherwise known as the Intellectual 
Property Code of the Philippines, is hereby amended to read as follows: 
"Sec. 6. The Organizational Structure of the lPO. -
x 
x 
x 
6.2 
The Office shall be divided into [six (6)] SEVEN (7) 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 COPYRIGHT; 
(D) [c] The Bureau of Legal Affairs; 
(E) [d] The Documentation Information and Technology Transfer Bureau; 
(F) [e] The Management Information System and EDP Bureau; and 
(G) [f] The Administrative, Financial and Personnel Services Bureau. " 
SEC. 2. Section 7 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 7. The Director General and Deputies Director General. -
I 


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 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] APPELLATE jurisdiction [to resolve disputes] 
OVER DECISIONS MADE BY THE DIRECTOR OF COPYRIGHT 
OVER 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. " 
SEC. 3. A new Section 9A is hereby inserted after Section 9 ofR.A. No. 8293, to read as 
follows: 
"Sec. 9A. THE BUREAU OF COPYRIGHT. -
THE BUREAU OF 
COPYRIGHT SHALL HAVE THE FOLLOWING FUNCTIONS: 
9A.1. 
ACCEPT, REVIEW AND DECIDE ON APPLICATIONS FOR 
THE ACCREDITATION OF COLLECTIVE MANAGEMENT 
ORGANIZATIONS OR SIMILAR ENTITIES; 
9A.2. 
CONDUCT STUDIES AND RESEARCHES IN THE FIELD OF 
COPYRIGHT AND RELATED RIGHTS IN ORDER TO ASSIST 
THE DIRECTOR GENERAL IN FORMULATING POLICIES ON 
THE 
ADMINISTRATION 
AND 
MANAGEMENT 
OF 
COPYRIGHT AND RELATED RIGHTS; 
9A.3. 
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 
OF 
COPYRIGHT IN THESE CASES SHALL BE APPEALABLE TO 
THE DIRECTOR GENERAL; 
9A.4. 
ASSIST 
THE 
DOCUMENTATION, 
INFORMATION 
AND 
TECHNOLOGY TRANSFER BUREAU (DlTTB) IN EDUCATING 
THE PUBLIC AND BUILDING AWARENESS OF COPYRIGHT 
AND RELATED RIGHTS THROUGH SEMINARS, LECTURES 
AND OTHER SIMILAR ACTIVITIES; 
9A.S. 
PROVIDE INFORMATION TO THE DIRECTOR GENERAL 
REGARDING MATTERS OF COPYRIGHT AND RELATED 
RIGHTS THAT REQUIRE PUBLICATION IN THE IPO 
GAZETTE; 
2 


9A.6. 
COORDINATE WITH THE NATIONAL LIBRARY AND THE 
SUPREME COURT LIBRARY FOR THE BUREAU 
TO 
MAINTAIN 
A 
DATABASE 
OF 
DEPOSITED 
WORKS, 
ASSIGNMENTS 
OR 
EXCLUSIVE 
LICENSES 
OF 
COPYRIGHTED 
WORKS 
AND 
OTHER 
DOCUMENTS, 
PARTICULARLY THOSE MENTIONED IN SECTIONS 182, 183, 
191, AND 198; AND 
9A.7 
COORDINATE WITH OTHER GOVERNMENT AGENCIES 
AND THE PRIVATE SECTOR EFFORTS FOR THE BUREAU 
TO FORMULATE AND IMPLEMENT PLANS AND POLICIES 
TO STRENGTlIEN THE PROTECTION OF COPYRIGHT AND 
RELATED RIGHTS. 
9A.S 
PROVIDE OTHER COPYRIGHT AND RELATED RIGHTS 
SERVICE AND CHARGE REASONABLE FEES THEREFOR." 
SEC. 4. Section 13.2 ofR.A. No. 8293 is hereby amended to read as follows: 
13.2 
The Patent [and], Trademark AND COPYRIGHT Administration 
Services shall perform the following functions among others: 
(a) 
Maintain registers of assignments, mergings, licenses, and bibliographic 
on patents [and], trademarks AND COPYRIGHT; PROVIDED THAT 
NOTHING IN THIS SECTION SHALL BE DEEMED TO AMEND 
SEC. 172.2 OF REPUBLIC ACT NO. 8293; 
(b) 
x 
x 
x 
(c) 
x 
x 
x 
SEC. 5. Section 171.3 ofR.A. No. 8293 is hereby amended to read as follows: 
Sec. 171. Definitions. - For the purpose of this Act, the following terms have the 
following meaning: 
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 the works from a place and at a time individually 
chosen by them; 
SEC. 6. Section 171.9 of R.A. No. 8293 is hereby amended to read as follows: 
171. 9 
"Reproduction" is the 
making of one 
(1) or more copies, 
TEMPORARY OR PERMANENT, IN WHOLE OR IN PART, of a 
work or sound recording in any manner or form WITHOUT 
PREJUDICE TO THE PROVISIONS OF SECTION 185 OF THIS 
ACT (Sec.4l[E], P.O. No. 49a); 
3 


SEC. 7. There shall be two new subsections to be added at the end of Sec. 171.11, to be 
known as 171.12 and 171.13, both to read as follows: 
171.12 "TECHNOLOGICAL 
MEASURE" 
MEANS 
ANY 
TECHNOLOGY, DEVICE OR COMPONENT THAT, IN THE 
NORMAL COURSE OF ITS OPERATION, RESTRICTS ACCESS 
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 NUMBERS OR 
CODES 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, SOUND 
RECORDING OR PERFORMANCE. 
SEC. 8. Section 180 ofR.A. No. 8293 is hereby amended to read as follows: 
"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 LICENSEE 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. 
180.4 
ANY EXCLUSIVITY IN THE ECONOMIC RIGHTS IN A WORK 
MAYBE 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. THE ACCOUNTING SHALL BE MADE IN 
WRITING AND SHALL BE GIVEN TO THE AUTHOR AT 
LEAST 
ONCE 
A 
YEAR 
ACCOMPANIED 
BY 
SUCH 
INFORMATION, 
INCLUDING 
BOOKS 
OF 
ACCOUNTS, 
CONTRACTS RE-ASSIGNING HIS RIGHTS TO HIS WORK, 
AND OTHER SUCH DOCUMENTS THAT WILL HELP THE 
AUTHOR OR COPYRIGHT OWNER DETERMINE THE 
PROPER REMUNERATION DUE HIM." 
4 


SEC. 9. Section 181 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 181. Copyright and Material Object. - The copyright is distinct from the 
property in the material object subject to it. Consequently, the transfer or 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 or assignment OR LICENSING of the copyright. (Sec. 16, P.D. No. 49)" 
SEC. 10. Section 183 of R.A. No. 8293 is hereby amended to read as follows: 
"Sec. 183. Designation of Society. - The owners of copyrights 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. (Sec. 32, P.D. No. 49a)" 
SEC. 11. Section 185.1 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 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] 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 INTER-
OPERABILITY. In determining whether the use made of a work in any particular case 
is fair use, the factors to be considered shall include: 
(a) The purpose and character of the use, including whether such use is of a 
commercial nature or is for non-profit educational purposes; 
(b) The nature of the copyrighted work; 
(c) The amount and substantiality of the portion used m relation to the 
copyrighted work as a whole; and 
(d) The effect of the use upon the potential market for or value of the copyrighted 
work 
IT IS ALSO NOT AN INFRINGEMENT OF THE COPYRIGHTED WORK 
TO REPRODUCE OR DISTRIBUTE COPIES OF PUBLISHED ARTICLES OR 
MATERIALS IF SUCH COPIES ARE REPRODUCED OR DISTRIBUTED IN A 
SPECIALIZED FORMAT EXCLUSIVELY FOR THE USE OF THE BLIND OR 
VISUALLY IMPAIRED PERSONS: PROVIDED, THAT SUCH COPIES AND 
DISTRIBUTION SHALL BE MADE ON A NON-PROFIT BASIS AND SHALL 
INDICATE THE COPYRIGHT OWNER AND THE DATE OF THE ORIGINAL 
PUBLICATION: PROVIDED FURTHER, THAT SUCH REPRODUCTION OR 
DISTRIBUTION 
IS 
NOT 
IN 
CONFLICT 
WITH 
THE 
NORMAL 
EXPLOITATION OF THE WORK AND DOES NOT PREJUDICE THE 
NORMAL 
EXPLOITATION 
OF 
THE 
COPYRIGHT" OWNER. 
THIS 
DISTRIBUTION IS ALSO PERMITTED IN CASE THE COPIES HAVE BEEN 
5 


MADE ABROAD AND THE CONDITIONS MENTIONED HAVE BEEN 
FULLFILLED." 
SEC. 12. Implementing Rules and Regulations on the Reproduction or Distribution of 
Published ArticleslMaterials in Specialized Format for the Blind or Visually Impaired. -
Within one hundred twenty (120) days from the effectivity of this Act, the Intellectual Property 
Office, in consultation with the National Book Development Board (NBDB), shall promulgate 
the rules and regulations necessary to effectively implement the provisions of Section 185.1, as 
amended. 
SEC. 13. Section 188.1 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 188. Reprographic Reproduction by Libraries. - 188.1 Notwithstanding the 
provisions of Subsection [177.6]177.1, any library or archive whose activities are not for 
profit may, without the authorization of the author [of) OR copyright owner, make a 
[single copy] LIMITED NUMBER OF COPIES of the work, AS MAY BE 
NECESSARY FOR SUCH INSTITUTIONS TO FULFILL THEIR MANDATE, by 
repro graphic reproduction: 
x 
x 
x 
(c) 
Where the making of such [a copy] 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." 
SEC. 14. Sections 190.1 and 190.2 ofR.A. 8293 are deleted in their entirety. 
SEC. 15. Section 190.3 ofR.A. No. 8293 is hereby renumbered and amended as the sole 
provision under Section 190 to read as follows: 
"SEC. [190.3J 190. [Importation for Personal Purposes] 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 articles the 
importation OR EXPORT A TION of which is prohibited under this [Section] ACT 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 OR BEFORE THEY ARE EXPORTED. (Sec. 30, P.D. No. 49)." 
SEC. 16. Section 191 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 191. [Registration and] DEPOSIT AND NOTICE OF DEPOSIT with 
THE National Library and the Supreme Court Library. - WITHIN THREE (3) 
WEEKS [A] after the first public dissemination [of) OR performance by authority of the 
copyright owner ofa work falling under Subsections [172.1, 172.2 and 172.3]172.1 (A), 
172.1 (B), 172.1 (C) AND 173.1 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 
6 


libraries may prescribe IN ACCORDANCE WITH REGULATIONS: PROVIDED 
THAT, ONLY WORKS IN THE FIELD OF LAW SHALL BE DEPOSITED WITH 
THE SUPREME COURT LIBRARY. A [certificate] NOTICE of deposit shall be 
issued for which the prescribed fee shall be collected. [If, within three (3) weeks after 
receipt by the copyright owner of a written demand from the directors for such deposit, 
the required copies or reproductions are not delivered and the fee is not paid, the 
copyright owner shall be liable to pay a fine equivalent to the required fee per month of 
delay and to pay to the National Library and the Supreme Court Library the amount of 
the retail price of the best edition of the work. Only the above mentioned classes of work 
shall be accepted for deposit by the National Library and the Supreme Court 
Library.](Sec. 26, P.D. No. 49a»' 
SEC. 17. Section 198 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 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] IN 
PERPETUITY 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." 
SEC. 18. Section 208 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 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 [.J; (Sec. 46, PD. 
No. 49a) AND, 
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. 
7 


SEC. 19. Section 212 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 212. Limitations on Rights. - [Sections 203, 208 and 209 shall not apply 
where the acts referred to in those Sections are related to:] THE PROVISIONS OF 
CHAPTER VIII SHALL APPLY MUTATIS MUTANDIS TO THE RIGHTS OF 
PERFORMERS, 
PRODUCERS 
OF 
SOUND 
RECORDINGS 
AND 
BROADCASTING ORGANIZATIONS." 
SEC. 20. Section 216 of R.A. No. 8293 is hereby amended to read as follows: 
"Sec. 
216. INFRINGEMENT. A PERSON INFRINGES A RIGHT 
PROTECTED UNDER THIS ACT WHEN HE: 
(A) 
DIRECTLY COMMITS AN INFRINGEMENT; 
(B) 
BENEFITS FINANCIALLY 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; OR 
(C) 
PURPOSELY AND WITH THE INTENT TO ENABLE OR 
INDUCE INFRINGEMENT BY ANOTHER PERSON, AND 
MATERIALLY CONTRIBUTES TO IT." 
• 
216.1 Remedies jor Infringement. - Any person infringing a right protected under 
this law shall be liable: 
x 
x 
x 
(b) 
TO [Pjpay 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, IN CASES OF 
THE FOLLOWING, THE AMOUNT OF DAMAGES TO BE 
AWARDED SHALL BE DOUBLED AGAINST ANY PERSON 
WHO: 
(i.) 
CIRCUMVENTS 
MEASURES; OR 
EFFECTIVE 
TECHNOLOGICAL 
(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 
8 


ELECTRONIC RIGHTS MANAGEMENT INFORMATION 
HAS 
BEEN 
REMOVED 
OR 
ALTERED 
WITHOUT 
AUTHORITY. 
(c) 
TO [DJdeliver 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, al1 articles and their 
packaging al1eged to infringe a copyright and implements for making 
them. 
(d) 
TO [DJdeliver 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) 
TO [S]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. 
(f) 
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 OF NOT MORE THAN 
FIFTY THOUSAND PESOS 
(Php50,OOO.OO). 
IN AWARDING 
STATUTORY DAMAGES, THE COURT SHALL CONSIDER THE 
FOLLOWING FACTORS: 
(1) 
THE NATURE AND PURPOSE OF THE INFRINGING ACT SUCH 
AS WHETHER IT WAS OF A COMMERCIAL NATURE; 
(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 A WARE AND HAD NO REASON 
TO 
BELIEVE 
THAT 
HIS/HER 
ACTS 
CONSTITUTED 
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 (PhP 10,000.00). 
9 


IN CASES OF THE FOLLOWING, THE AMOUNT OF DAMAGES TO BE 
AWARDED SHALL BE DOUBLED AGAINST ANY PERSON WHO: 
(i.) 
CIRCUMVENTS 
EFFECTIVE 
TECHNOLOGICAL 
(ii.) 
MEASURES; OR 
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. 
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. 
SEC. 21. Section 217.2 ofR.A. No. 8293 is hereby amended as follows: 
"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 
MAXIMUM PENALTY STATED IN SEC. 217. 1 (A), (B) AND (C) FOR 
THE FIRST, SECOND, THIRD AND 
SUBSEQUENT 
OFFENSE, 
RESPECTIVELY, SHALL BE IMPOSED WHEN THE INFRINGEMENT 
IS COMMITTED BY: 
(i) 
THE CIRCUMVENTION OF EFFECTIVE TECHNOLOGICAL 
MEASURES; OR 
(ii) 
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 
(iii) 
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 
10 


MANAGEMENT INFORMATION HAS BEEN REMOVED OR 
ALTERED WITHOUT AUTHORITY." 
SEC. 22. Section 218.1 ofR.A. No. 8293 is hereby amended to read as follows: 
"Sec. 218. 
Affidavit Evidence - 218.1. In an action under this Chapter, an 
affidavit made before a notary public by or on behalf of the owner of the copyright in any 
work or other subj ect matter and stating that: 
(a) 
At the time specified therein, copyright subsisted in the work or other 
subject matter; 
(b) 
He or the person named therein is the owner of the copyright; and 
(c) 
The copy of the work or other subject matter annexed thereto is a true 
copy thereof [,]; 
shall be admitted in evidence in any proceedings [for an offense] under this Chapter and 
shall be prima facie proof of the matters therein stated until the contrary is proved, and 
the court before which such affidavit is produced shall assume that the affidavit was 
made by or on behalf of the owner of the copyright.~' 
SEC. 23. A new Section 220A shall be inserted after Section 220.2 of R.A. No. 8293 to 
read as follows: 
"SEC. 220A. DISCLOSURE OF INFORMATION. 
220A.1. WHERE ANY ARTICLE OR ITS PACKAGING OR AN 
IMPLEMENT FOR MAKING IT IS SEIZED OR DETAINED 
UNDER A VALID SEARCH AND SEIZURE UNDER THIS ACT 
IS, OR IS REASONABLY SUSPECTED BY AN AUTHORIZED 
ENFORCEMENT OFFICER TO BE IN VIOLATION OF THIS 
ACT, 
THE 
SAID 
OFFICER 
SHALL, 
WHEREVER 
REASONABLY PRACTICABLE, NOTIFY THE OWNER OF 
THE COPYRIGHT IN QUESTION OR HIS AUTHORIZED 
AGENT OF THE SEIZURE OR DETENTION, AS THE CASE 
MAYBE. 
220A.2. IN THE CIRCUMSTANCES DESCRIBED IN THE PREVIOUS 
PARAGRAPH, AN AUTHORIZED ENFORCEMENT OFFICER 
MAY DISCLOSE TO THE OWNER OF THE COPYRIGHT OR 
TO HIS AUTHORIZED AGENT THE FOLLOWING: 
(A) 
THE TIME, AND THE ADDRESS OR PLACE, OF SEIZURE 
OR DETENTION OF THE ARTICLE; 
(B) 
THE NAME AND ADDRESS OF THE PERSON FROM 
WHOM 
THE 
ARTICLE 
HAD 
BEEN 
SEIZED· OR 
DETAINED; 
(C) 
THE NATURE AND QUANTITY OF ARTICLES SEIZED 
OR DETAINED; 
II 


(D) 
ANY 
STATEMENT 
MADE 
TO 
AN 
AUTHORIZED 
ENFORCEMENT 
OFFICER 
BY 
THE 
PERSON 
IN 
CONNECTION WITH THE SEIZURE OR DETENTION, 
EITHER WITH THE PRIOR CONSENT IN WRITING OF 
THAT PERSON, OR WITHOUT SUCH CONSENT WHERE 
THE 
PERSON 
IS 
DEAD 
OR 
CANNOT 
AFTER 
REASONABLE 
ENQUIRIES 
BY 
AN 
AUTHORIZED 
ENFORCEMENT OFFICER AS TO HIS WHEREABOUTS 
BE FOUND; AND 
(E) 
ANY 
OTHER 
INFORMATION 
OR 
DOCUMENT 
RELATING TO THE ARTICLE SEIZED OR DETAINED 
WHICH AN AUTHORIZED ENFORCEMENT OFFICER 
DEEMS FIT TO DISCLOSE. 
220A.3. THE OWNER OF THE COPYRIGHT OR HIS AUTHORIZED 
AGENT SEEKING DISCLOSURE OF ANY INFORMATION OR 
DOCUMENT THAT IS NOT REFERRED TO IN THE PREVIOUS 
PARAGRAPH OR THAT IS NOT DISCLOSED BY THE 
AUTHORIZED ENFORCEMENT OFFICER MAY APPLY TO 
THE COURT FOR AN ORDER REQUIRING THE SAID 
OFFICER 
TO 
DISCLOSE 
SUCH 
INFORMATION 
OR 
DOCUMENT AND 
THE COURT MAY 
ON 
SUCH AN 
APPLICATION MAKE SUCH ORDER FOR DISCLOSURE AS IT 
THINKS FIT. " 
SEC. 24. Chapter XVIII of R.A. No. 8293 is hereby amended by adding a new Section 
at the end thereof to be denominated as Section 224A, to read as follows: 
"SEC. 224A. PROTECTION OF EXISTING SUBJECT MATTER. 
224A.1. THE PROTECTION PROVIDED UNDER PART IV OF THIS 
ACT SHALL ALSO APPLY TO WORKS, SOUND RECORDINGS 
AND PERFORMANCES FIXED IN SOUND RECORDINGS AND 
BROADCASTING IN EXISTENCE UPON THE EFFECTIVITY 
OF THIS ACT, AND WHICH ARE THE SUBJECT OF 
INTERNATIONAL 
CONVENTIONS, 
TREATIES, 
OR 
AGREEMENTS TO WHICH THE PHILIPPINES IS A PARTY, 
PROVIDED THAT, ON SUCH DATE THE WORK, SOUND 
RECORDING; OR PERFORMANCE FIXED IN A SOUND 
~ECORDING HAS NOT YET FALLEN INTO THE PUBLIC 
DOMAIN IN ITS COUNTRY OF ORIGIN OR IN THE 
PHILIPPINES THROUGH THE EXPIRY OF THE TERM OF 
PROTECTION WHICH WAS PREVIOUSLY GRANTED. 
224A.2. COPIES 
OF 
WORKS, 
SOUND 
RECORDINGS 
AND 
PERFORMANCES FIXED IN SOUND RECORDINGS THAT 
ARE NEWLY PROTECTED SOLELY AS A RESULT OF THE 
APPLICATION 
OF 
THIS 
SECTION 
WHICH 
ARE 
IN 
EXISTENCE UPON THE EFFECTIVITY OF THIS ACT MAYBE 
SOLD OR OTHERWISE DISPOSED OF BY THE OWNER OF 
SUCH COpy UNTIL THE EXPIRATION OF THREE (3) 
MONTHS FROM THE DATE OF EFFECTIVITY OF THIS ACT. 
12 


224A.3. NO OTHER EXERCISE OF EXCLUSIVE RIGHTS UNDER THIS 
ACT WITH RESPECT TO SUCH WORK, SOUND RECORDING, 
OR PERFORMANCE FIXED IN A SOUND RECORDING SHALL 
BE PERMITTED WITHOUT THE CONSENT OF THE AUTHOR 
OR OTHER RIGHTHOLDER OF SUCH WORK, SOUND 
RECORDING, OR PERFORMANCE FIXED IN A SOUND 
RECORDING. " 
SEC. 25. Section 226 of R.A. No. 8293 is hereby amended to read as follows: 
"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)" 
SEC. 26. Chapter XX of R.A. No. 8293 is hereby amended by adding a new Section at 
the end thereof to be denominated as Se<;tion 230, to read as follows: 
"SEC. 
230. 
ADOPTION 
OF 
INTELLECTUAL 
PROPERTY 
(IP) 
POLICIES. 
-
SCHOOLS 
AND 
UNIVERSITIES 
SHALL 
TO 
ADOPT 
INTELLECTUAL PROPERTY POLICIES THAT WOULD GOVERN THE USE 
AND CREATION OF INTELLECTUAL PROPERTY WITH THE PURPOSE OF 
SAFEGUARDING THE INTELLECTUAL CREATIONS OF THE I,EARNING 
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." 
SEC. 27. Section 230 of R.A. No. 8293 is hereby renumbered as Section 231, and all 
succeeding sections of the same Act are hereby renumbered accordingly. 
SEC. 28 Repealing Clause. -
All laws, decrees, executive orders, issuances or 
regulations inconsistent with the proVisions of this Act are hereby revised or amended 
accordingly 
SEC. 29 Separability Clause. - If any part of this law is declared unconstitutional or 
invalid, such parts or provisions thereof not so declared shall remain valid and subsisting. 
SEC. 30 Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation in the country. 
Approved, 
13