Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
First Regular Session

“W.B.No,__ 267

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Since 1980, the Philippines has been a member of the World Intellectual Property

Organization ("WIPO) which seeks "to promote the protection of intellectual property throughout
the world through cooperation among States.”

Likewise, the Philippines is a signatory to other international treaties and conventions on
intellectual property rights, fo wit: 1) Convention Establishing the World Intellectual Property
Organization [since 19801; 2) Paris Convention for the Protection of Industrial Property (since
1965]; 3) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for
Purposes of Patent Procedure [since 1981]; 4) Berne Convention for the Protection of Literary
and Artistic [since 1951]; 5) International Convention for the Protection of Performers, Producers

of Phonographs and Broadcasting Organizations [since 1984]; and 6) Agreement on Trade-
Related Aspects of Intellectual Property Rights [since 1996}

Year 1998, in adherence to these international treaties for a universal or global
protection of intellectual property and in keeping with the Constitutional mandate enshrined in
Article XII, Section 13, which enjoins the State to “protect and secure the exclusive rights of
scientists, inventors, artists, and other gifted citizens to their intellectual property and creation,”
Congress passed Republic Act 8293 or the Intellectual Property Code (IPC) of the Philippines.

Four years after, or on 4 October 2002, the Philippines ratified two (2) additional treaties,
the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
‘These treaties, commonly referred to as the “Internet Treaties,” were intended to modernize and
supplement the existing international treaties (Berne Convention and the Rome Convention) on
copyright. The treaties respond to critical issues formed by the introduction of digital
technologies, especially in the area of
dissemination of protected material over the internet.

While our IPC was shaped with a consummate vision at the time of its enactment, its
provisions have not kept pace with the advances made in the area of intellectual property rights
infringement in E-Commerce. Thus, with the Philippines’ ratification of the WCT and WPPT,
there is a need for amendments to the IPC to contain the additional obligations imposed by the
provisions in said treaties. More particularly, our laws must address two new issues: 1) the
technological measures provisions (Article 11 of the WCT and Article 18 of the WPPT); and 2)
the rights management information provisions (Article 12 of the WCT and WPPT) of the Internet
Treaties.

This bill therefore seeks to amend the Code through the integration of comprehensive
and efficient strategies to respond to the upsurge of internet piracy. Also, it seeks to give
recognition to the rights of performers, phonogram producers and broadcasters as are accorded
authors of artistic and literally works, by acknowledging their right to control or be compensated
for the various ways in which their works are used or enjoyed by others. This measure also


seeks to recognize rights to distribution and rental, and rights to receive payments for certain
forms of broadcasting or communication to the public.

Indeed, through these amendments, Philippines is doing its share in providing
safeguards to insure that rights-holders can effectively use technology to protect their own rights
and to license their own works online. More stringent penalties are likewise recommended for
rights-violators, while immediate judicial relief and alternative options are proposed to be
accorded actual and potential victims of infringement who would sustain incalculable losses for
every minute that their works are used or exploited in the internet by infringers.

To sum, the overriding goal of this proposal is to provide an Internet environment where
it is safe to distribute and license protected material. Because in an increasingly global arena,

nothing less than a global effort will ensure the effective protection and development of
intellectual property.

For this, | urge my esteemed colleagues in the Chamber to support the immediate

passage of the bil
a =
JUAN EDGARDO apie A ANTOARA

Represenifative
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

OW. B.No. 267

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293, OTHERWISE KNOWN
AS THE “THE INTELLECTUAL PROPERTY CODE
OF THE PHILIPPINES”, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 171 of R.A. 8293 is hereby amended to read as follows:

“SEC. 171. Definitions. - For the purpose of this Act, the following terms have the
following meaning
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171.3 "Communication to the public” or “communicate to the pubtic” is 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, AND SHALL INCLUDE ANY COMMUNICATION TO
THE PUBLIC, THROUGH BROADCASTING, REBROADCASTING,
RETRANSMITTING BY CABLE, BROADCASTING AND RETRANSMITTING BY
SATELLITE.

XXX :

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.

XXX

471.12 “EFFECTIVE TECHNOLOGICAL MEASURE” MEANS ANY TECHNOLOGY,
DEVICE OR COMPONENT THAT, IN THE NORMAL COURSE OF ITS
OPERATION, CONTROLS ACCESS TO A PROTECTED WORK, SOUND
RECORDING, OR OTHER SUBJECT MATTER, OR PROTECTS ANY
COPYRIGHT OR ANY RIGHTS RELATED TO COPYRIGHT AS PROVIDED BY
THIS ACT.

471.13 “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 CONNECTION WITH THE
COMMUNICATION TO THE PUBLIC OF A WORK, SOUND RECORDING OR
PERFORMANCE. NOTHING IN THIS ACT REQUIRES THE OWNER OF ANY
RIGHT IN THE WORK, SOUND RECORDING, OR PERFORMANCE TO
ATTACH RIGHTS MANAGEMENT INFORMATION TO COPIES OF IT OR TO
CAUSE RIGHTS MANAGEMENT INFORMATION TO APPEAR IN
CONNECTION WITH A COMMUNICATION OF THE WORK, SOUND
RECORDING OR PERFORMANCE TO THE PUBLIC.

SEC. 2. Section 177.3 is hereby amended to read as follows:

"SEC. 177. Copyright or Economic Rights. - Subject to the provisions of Chapter
Vill, copyright or economic rights shall consist of the exclusive right to carry out,
authorize or prevent the following acts:
XXX
177.3 “THE IMPORTATION INTO THE PHILIPPINES, AND the first public distribution
within the Philippines, of the original and each copy of the work, by sale or other
forms of transfer of ownership.”

SEC. 3. Section 178.5 is hereby amended by striking “exhibition” and inserting
“exploitation” and to read as follows:
“SEC. 178. Rules on Copyright Ownership. - Copyright ownership shall be
governed by the following rules:
XXX

178.5 In the case of audiovisual work, the copyright shall belong to the producer, the
author of the scenario, the composer of the music, the film director, and the
author of the work so adapted. However, subject to contrary or other stipulations
among the creators, the producer shall exercise the copyright to an extent
required for the [exhibition] EXPLOITATION of the work in any manner, except
for the right to collect performing license fees for the performance of musical
compositions, with or without words, which are incorporated into the work.

SEC. 4, Section 180 is hereby amended by inserting the following new paragraph to be
known as 180.4 to read as follows:


“SEC. 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.
XXX
180.4 “ANY EXCLUSIVE) RIGHT 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.”

SEC. 5. Section 183 is hereby amended to read as follows’

“SEC. 183. Designation of Society. - The copyright owners or their heirs may
designate a society of artists, writers, or composers, OR A SIMILAR AGENT, to enforce
their economic rights or moral rights on their behalf.”

SEC. 6, Section 184, sub-sections (i) and (k) is hereby amended to read as follows:

“SEC. 184, Limitations on Copyright. - 184.1. Notwithstanding the provisions
of Chapter V, the following acts shall not constitute infringement of copyright:
XXX
0) The public performance or the communication to the public of a work, ina
place where no admission fee is charged DIRECTLY OR INDIRECTLY in
respect of such public performance or communication, by a club or
institution for charitable or educational purpose only, whose aim is not
profit making; WHERE NO COMPENSATION OR FEE IS PAID TO ANY
PERFORMER, PROMOTER, OR ORGANIZER OF THE PUBLIC
PERFORMANCE OR COMMUNI-CATION AND subject to such other
limitations as may be provided in the Regulations.
XXX
(Kk) Any use made of a work for the purpose of any judicial proceedings or for
the giving of professional advice by a legal practitioner WITH RESPECT
TO SUCH A WORK, ITS CREATION OR EXPLOITATION.”

SEC. 7. Section 185.1 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 inter-operability of an independently created computer program with other
programs may also constitute fair use UNDER THE CRITERIA ESTABLISHED BY THIS

3


SECTION, TO THE EXTENT THAT SUCH DECOMPILATION IS INDISPENSABLE IN
ORDER TO OBTAIN 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:”

SEC. 8. Section 188 is hereby amended to read as follows:

“SEC. 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
188.2 Notwithstanding the above provisions, it shall not be permissible to produce

a volume of work published in several volumes or to produce missing tomes
or pages of magazines or similar works, unless the volume, tome or part is
out of stock: Provided, That every library which, UNDER SECTION 191, is
entitled to receive copies of a printed work, shall be entitled, when special
reasons so require, to reproduce a SINGLE REPROGRAPHIC copy of a
published work which is considered necessary for the collection of the library
but which is out of stock AND NOT REASONABLY AVAILABLE TO IT
THROUGH COMMERCIAL CHANNELS.”

SEC. 9. Section 190, Subsection 190.1 is hereby amended by striking “Subsection 177.6
and in lieu thereof, substituting “Subsection 177.3,” and by striking “Subsection 185.2” and in
lieu thereof, substituting “Subsection 184.2”, to read as follows:

“490.1. Importation for Personal Purposes - Notwithstanding the provision of
Subsection [177.6] 177.3 but subject to the limitation under. the Subsection
[185.2] 184.2 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:

() Not more than one (1) copy at one time is imported by strictly individual
use only; or,

(ji) 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 forms 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).
XXX

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 OR EXPORTATION OF INFRINGING ARTICLES OR of articles the
importation OR EXPORTATION 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,
OR WHILE IN TRANSIT, THROUGH THE CUSTOMS TERRITORY OF THE
REPUBLIC OF THE PHILIPPINES.

SEC. 10. Section 191 is hereby amended by striking “Subsections 172.1, 172.2 and
172.3,” and in lieu thereof, substituting “Subsections 172.((a), (b) and (c)", to read as follows:

“SEC, 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 172.31 172.(a),
(b) and (c) 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.
A certificate of deposit shall be issued for which the prescribed fee shall be collected and
the copyright owner shall be exempt from making additional deposit of the works with the
National Library and the Supreme Court Library under other laws. 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. 11. Subsection 205.2 is hereby amended to read as follows:

“205.2. The provisions of Sections 184, [and Section] 185, AND 190 shall apply
mutatis mutandis to performers.”

SEC. 12. Section 208 is amended by amending subsection 208.1 and adding a new
subsection 208.4 and 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, TEMPORARY OR PERMANENT, the
placing of these reproductions in the market and the right of rental or
lending
XXX

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 TIME, INDIVIDUALLY CHOSEN OR SELECTED BY THEM,
AS WELL AS OTHER TRANSMISSIONS OF A SOUND RECORDING
WITH LIKE EFFECT.

SEC. 13. Section 210 is hereby amended to read as follows:

“SEC. 210. Limitation of Right. - Sections 184, [and] 185, AND 190 shall apply
mutatis mutandis to the producer of sound recordings. (See. 48, P.D. No. 49a).”

SEC. 14. Section 212 is hereby amended to read as follows:

“SEC. 212. Limitations on Rights. - SUBJECT TO THE APPLICATION

MUTATIS MUTANDIS OF SECTION 184.2 OF THIS ACT, Sections 203, 208 and 209

shall not apply where the acts referred to in those Sections are [related to] CARRIED

OUT IN CONNECTION WITH:

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 condition under Section 185 (See. 44,
P.D. No. 49a).

SEC. 15, Section 216 of the same Act is hereby amended and renumbered to read as
follows:

“SEC 216. INFRINGEMENT, WHAT CONSTITUTES. - [Remedies for
Infringement]. A PERSON INFRINGES A RIGHT PROTECTED UNDER THIS ACT
WHEN HE OR SHE:

(a) DIRECTLY COMMITS AN INFRINGEMENT OR CAUSES AN INFRINGEMENT
TO BE COMMITTED:


(b) BENEFITS FINANCIALLY FROM THE INFRINGING ACTIVITY OF ANOTHER:
PERSON WHO COMMITS AN INFRINGEMENT IF THE PERSON BENEFITING
HAS THE RIGHT AND ABILITY TO CONTROL THE ACTMTIES OF THE OTHER
PERSON; OR

(c) ENABLES OR INDUCES INFRINGEMENT BY ANOTHER PERSON ENABLING
OR INDUCING THE INFRINGEMENT WHICH HE HAS OR REASONABLY
SHOULD HAVE KNOWLEDGE OF AND MATERIALLY CONTRIBUTES TO IT.

SEC. 16. Section 216.1 is hereby amended as follows:

“SEC. 216.1 REMEDIES FOR INFRINGEMENT ~ Any person infringing a right

protected under this law shall be liable:
XXX

(b) TO [Plpay 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 WHICH IT FINDS TO BE SUFFICIENT
TO FULLY COMPENSATE THE RIGHT HOLDER FOR THE INJURY HE HAS
SUFFERED, AND SUFFICIENT TO CONSTITUTE AS A DETERRENT TO
FURTHER INFRINGEMENTS, and shall not be regarded as penalty.
XXX

() | THE COPYRIGHT OWNER MAY ELECT, AT ANY TIME BEFORE FINAL
JUDGMENT IS RENDERED, TO RECOVER AN AWARD OF STATUTORY
DAMAGES, INSTEAD OF ACTUAL DAMAGES AND PROFITS, FOR ALL
INFRINGEMENTS INVOLVED IN THE ACTION WITH RESPECT TO ANY ONE
WORK FOR WHICH AN INFRINGER IS LIABLE, AS THE COURT MAY
CONSIDER JUST. IN CASES WHERE THE COURT FINDS THAT THE
INFRINGEMENT WAS COMMITTED WILLFULLY, THE COURT, IN ITS
DISCRETION, MAY INCREASE THE AWARD OF STATUTORY DAMAGES.

SEC. 17. Subsection 216.2 is hereby amended by adding a proviso at the end of said
subsection, to read as follows:

"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: PROVIDED, HOWEVER, THAT:


(a)

(b)

()

(d)

(e)

UPON APPLICATION OF THE HOLDER OF ANY RIGHT UNDER THIS ACT,
THE COURT MAY ORDER AS PROVISIONAL MEASURES, ANY OF THE
RELIEF IT IS AUTHORIZED TO AWARD UNDER THE PROVISIONS OF THIS
SECTION, EXCEPT FOR MONETARY DAMAGES, WITHOUT NOTICE TO THE
OTHER PARTY, WHEN THE COURT DEEMS IT NECESSARY TO PREVENT
AN INFRINGEMENT OF AN INTELLECTUAL PROPERTY RIGHT, OR TO
PRESERVE RELEVANT EVIDENCE OF ALLEGED INFRINGEMENT;

SUCH RELIEF MAY INCLUDE, BUT IS NOT LIMITED TO, SEIZURE OR
IMPOUNDMENT OF INFRINGING COPIES OF EQUIPMENT WHICH CAN BE
USED TO MAKE INFRINGING COPIES OF BUSINESS RECORDS, AND OF
DOCUMENTARY EVIDENCE IN ANY FORM, INCLUDING ELECTRONIC
FORM;

THE COURT MAY ORDER PROVISIONAL MEASURES WITHOUT NOTICE
TO THE OTHER PARTY WHEN IT DETERMINES THAT DELAY IS LIKELY TO
CAUSE IRREPARABLE HARM TO THE RIGHT HOLDER OR WHEN THERE IS
A DEMONSTRABLE RISK OF EVIDENCE BEING DESTROYED OR WHEN
THE COURT OTHERWISE DEEMS IT APPROPRIATE;

THE COURT MAY CONDITION THE AVAILABILITY OF PROVISIONAL
MEASURES UNDER THIS SECTION UPON SUFFICIENT SQOWING, BASED
ON REASONABLY AVAILABLE EVIDENCE, THAT THE APPLICANTS RIGHTS
HAVE BEEN OR ARE ABOUT TO BE INFRINGED, AND UPON SUBMISSION
TO THE COURT OF A SUFFICIENT SECURITY TO PROTECT THE OTHER
PARTY AND TO PREVENT ABUSE;

UPON REQUEST BY THE OTHER PARTY, THE PROVISIONAL MEASURES,
SHALL CEASE TO HAVE EFFECT IF PROCEEDINGS LEADING TO DECISION
ON THE MERITS ARE NOT INITIATED BY OR ON BEHALF OF THE
APPLICANT WITHIN TWENTY (20) WORKING DAYS OR THIRTY-ONE (31)
CALENDAR DAYS, FROM THE DATE OF IMPOSITION OF THE
PROVISIONAL MEASURES, WHICHEVER IS LONGER, OR WITHIN SUCH
OTHER REASONABLE PERIOD AS THE COURT MAY DETERMINE; AND

THE FOREGOING SHALL NOT PRECLUDE AN INDEPENDENT SUIT FOR
RELIEF BY THE INJURED PARTY BY WAY OF DAMAGES, INJUNCTION,
ACCOUNTS, OR OTHERWISE.

SEC. 18. Subsections 217.3 (b) and (c) are hereby amended to read as follows:


“SEC. 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 infringing copy of
the work for the purpose of

Xxx

(b) Distributing, INCLUDING IMPORTING OR EXPORTING 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] EXHIBITING THE WORK in public, OR

OTHERWISE USING THE ARTICLE FOR TRADE OR BUSINESS, shall
be guilty of an offense and shall be liable on conviction to imprisonment
and fine as above mentioned. (See 29, P.D. No. 49a).

SEC. 19. Subsection 218.|(c) 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 subject matter and stating that:
XXX
(©) 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. 20. There shall be two new sections to be added at the end of Section 220.2 to be
known as Section 220A and 220B, to read as follows:

“SEC 220A. DISCLOSURE OF INFORMATION

2204.1. WHERE AN ARTICLE OR ITS PACKAGING OR AN IMPLEMENT FOR
MAKING IT IS SEIZED OR DETAINED UNDER THIS ACT, OR IS
REASONABLY SUSPECTED BY AN AUTHORIZED OFFICER TO BE IN
VIOLATION OF THIS ACT, THE AUTHORIZED OFFICER SHALL,
WHENEVER REASONABLY PRACTICABLE, NOTIFY THE OWNER OF THE
COPYRIGHT IN QUESTION OR HIS AUTHORIZED AGENT OF THE
SEIZURE OR DETENTION, AS THE CASE MAY BE.

220A.2.IN THE ABOVE-MENTIONED CIRCUMSTANCES, AN AUTHORIZED OFFICER
MAY DISCLOSE TO THE OWNER OF THE COPYRIGHT OR TO HIS
AUTHORIZED AGENT THE FOLLOWING:


(A) THE TIME AND PLACE, OF SEIZURE OR DETENTION OF THE
ARTICLE;

(B) | THE NAME AND ADDRESS OF THE PERSON FROM WHOM THE
ARTICLE HAS BEEN SEIZED OR DETAINED;

(C) THE NATURE AND QUANTITY OF ARTICLES SEIZED OR DETAINED;

(D) | ANY STATEMENT MADE TO AN AUTHORIZED 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
OFFICER AS TO HIS WHERE-ABOUTS BE FOUND; AND.

(E) | ANY OTHER INFORMATION OR DOCUMENT RELATING TO THE
ARTICLE SEIZED OR DETAINED WHICH AN AUTHORIZED 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 OFFICER MAY APPLY TO THE COURT
FOR AN ORDER REQUIRING THE AUTHORIZED OFFICER TO DISCLOSE
SUCH INFORMATION OR DOCUMENT AND THE COURT MAY ON SUCH
AN APPLICATION MAKE SUCH ORDER FOR DISCLOSURE AS IT THINKS
FIT. 3
SEC 220B ACCEPTANCE OF PROPORTIONAL EXAMINATION OF ARTICLES
‘SEIZED.

220B.1.WHERE PACKAGES, RECEPTACLES OR CONTAINERS CONTAINING
COPIES OR IMPLEMENTS SUSPECTED OF VIOLATING THIS ACT ARE
SEIZED OR DETAINED, IT SHALL BE SUFFICIENT ONLY TO OPEN AND
EXAMINE THREE PERCENT (3%) OR ANY TEN (10) COPIES, WHICHEVER
IS HIGHER, OF THE CONTENTS OF EACH PACKAGE, RECEPTACLE OR
CONTAINER SEIZED.

220B.2.WHERE PROCEDURES WERE CARRIED OUT IN ACCORDANCE WITH THE.
PREVIOUS PARAGRAPH, THE COURT SHALL PRESUME THAT THE
REMAINING COPIES CONTAINED IN THE PACKAGE OR RECEPTACLE ARE
OF THE SAME NATURE AS THOSE COPIES EXAMINED.”

10


SEC. 21. Chapter XVIII is hereby amended by adding a new Section at the end thereof
to be known as Section 224A. to read as follows:

“SECTION 224A, PROTECTION OF EXISTING SUBJECT MATTER:

(224A11,.) THE PROTECTION PROVIDED UNDER PART IV OF THIS ACT SHALL
ALSO APPLY TO WORKS, SOUND RECORDINGS AND PERFORMANCES,
FIXED IN SOUND RECORDINGS 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, HOWEVER, THAT ON
SUCH DATE, THE WORK, SOUND RECORDING, OR PERFORMANCE
FIXED IN A SOUND RECORDING HAS NOT YET FALLEN INTO THE
PUBLIC DOMAIN IN ITS COUNTRY OF ORIGIN OR IN THE PHIIPPINES
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 , MAY BE
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.

(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 SAID
WORK, SOUND RECORDING, OR PERFORMANCE FIXED IN A SOUND
RECORDING.”

SEC. 22. Part IV is hereby amended by adding a new Chapter at the end thereof to be
known as Chapter XXi, to read as follows:

“CHAPTER XXI. TECHNOLOGICAL PROTECTION MEASURES AND RIGHTS
MANAGEMENT INFORMATION

SECTION 229A TECHNOLOGICAL PROTECTION MEASURES:


229A.1. ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL BE GUILTY
OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS PROVIDED IN
SECTION 217.1(B) OF THIS ACT FOR THE FIRST OFFENSE, AND TO THE
SAME EXTENT AS PROVIDED IN SECTION 217.1(C) FOR THE SECOND
OR SUBSEQUENT OFFENSE, AND SHALL ALSO BE LIABLE UPON THE
SUIT OF ANY INJURED PARTY, TO A RELIEF, INCLUDING BUT NOT
LIMITED TO, DAMAGES, INJUNCTION, IMPOUNDMENT, AND
DESTRUCTION. THE REMEDIES PROVIDED IN SECTION 216 SHALL
APPLY, MUTATIS MUTANDIS, TO VIOLATIONS OF THIS SECTION:

(a) KNOWINGLY, OR HAVING REASONABLE GROUNDS TO KNOW,
CIRCUMWZNTS =WITHOUT AUTHORITY ANY = EFFECTIVE
TECHNOLOGICAL MEASURE; OR

(b) MANUFACTURES, IMPORTS, EXPORTS, DISTRIBUTES, OFFERS TO
THE PUBLIC, PROVIDES, OR OTHERWISE TRAFFICS IN DEVICES,

PRODUCTS OR COMPONENTS OR OFFERS TO THE PUBLIC OR
PROVIDES SERVICES:

10} THAT ARE PROMOTED, ADVERTISED OR MARKETED FOR
THE PURPOSE OF CIRCUMVENTION OF ANY EFFECTIVE
TECHNOLOGICAL MEASURE; OR

(i) | THAT HAVE ONLY A LIMITED COMMERCIALLY SIGNIFICANT
PURPOSE OR USE OTHER THAN TO CIRCUMVENT ANY
EFFECTIVE TECHNOLOGICAL MEASURE: OR

(ii) | THAT ARE PRIMARILY DESIGNED, PRODUCED, ADAPTED OR
PERFORMEDFOR THE PURPOSE OF ENABLING OR
FACILITATING THE CIRCUMVENTION OF ANY EFFECTIVE
TECHNOLOGICAL MEASURE.

229A.2.THIS SECTION PROHIBITS CIRCUMVENTION OF TECHNOLOGICAL
MEASURES, AND DOES NOT REQUIRE AN AFFIRMATIVE RESPONSE TO
SUCH MEASURES. THIS SECTION DOES NOT REQUIRE THAT THE DESIGN
OF, OR THE DESIGN AND SELECTION OF PARTS AND COMPONENTS FOR
A CONSUMER ELECTRONICS, TELECOMMUNICATIONS OR COMPUTING
PRODUCT PROVIDE FOR A RESPONSE TO ANY PARTICULAR
TECHNOLOGICAL MEASURE. THIS PARAGRAPH DOES NOT PROVIDE A
DEFENSE TO A CLAIM OF VIOLATION OF PARAGRAPH (1)(B).

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2294.3. A VIOLATION OF THIS SECTION IS INDEPENDENT OF ANY
INFRINGEMENT THAT MIGHT OCCUR UNDER THIS ACT.

SECTION 229B INTEGRITY OF RIGHTS MANAGEMENT INFORMATION

ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL BE GUILTY
OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS PROVIDED IN SECTION
217.1 OF THIS ACT, AND SHALL ALSO BE LIABLE UPON THE SUIT OF ANY
INJURED PARTY, TO RELIEF BY WAY OF DAMAGES, INJUNCTION,
IMPOUNDMENT, DESTRUCTION OR OTHERWISE, AND THE REMEDIES
PROVIDED IN SECTION 216 SHALL APPLY, MUTATIS MUTANDIS, TO VIOLATIONS
OF THIS SECTION

(a) KNOWINGLY AND WITHOUT AUTHORITY REMOVES OR ALTERS ANY
ELECTRONIC RIGHTS MANAGEMENT INFORMATION FROM A COPY OF A
WORK, SOUND RECORDING, OR FIXATION OF A PERFORMANCE, OR
KNOWINGLY AND WITHOUT AUTHORITY DISTRIBUTES, IMPORTS FOR
DISTRIBUTION, BROADCASTS, COMMUNICATES OR MAKES AVAILABLE
TO THE PUBLIC COPIES OF WORKS, SOUND RECORDINGS, OR
FIXATIONS OF PERFORM-ANCES FROM WHICH ELECTRONIC RIGHTS
MANAGEMENT INFORMATION HAS BEEN REMOVED; OR

(b) ALTERS ELECTRONIC RIGHTS MANAGEMENT INFORMATION WITHOUT
AUTHORITY, KNOWING OR (WITH RESPECT TO CIVIL REMEDIES) HAVING
REASONABLE GROUNDS TO KNOW THAT SUCH ACTIVITY WILL ENABLE
OR FACILITATE AN INFRINGEMENT OF ANY RIGHT PROTECTED UNDER
THIS LAW.”

SEC. 23. All laws, decrees, executive orders, issuances or regulations inconsistent with
the provisions of this Act are hereby revised or amended accordingly

SEC. 24. 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. 25. This Act shall take effect fifteen (15) days from publication in two (2)
newspapers of general circulation in the country.

Approved,