FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES, )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

al

House Bill No.
EXPLANATORY NOTE

‘This bill was originally introduced as House Bill No. 3741 by the undersigned
Rufus B. Rodriguez during the Fourteenth Congress. It was approved by the
Committee on Trade and Industry as substitute House Bill No. 6938 under Committee
Report No. 2457, dated October 16, 2009,

‘The Constitution, in its Art. XIV Section 13 enjoins the State to “p
secure the exclusive rights of scientists, inventors, artists and other gifled citize
their intellectual property and creation ...” In keeping with this fundamental mandate.
Congress, in 1977, passed the intellectual Property Code, Republic Act 8293, which
sought to provide protection to all forms of intellectual creation. The Philippines,
likewise, acceded to the Berne Convention which protects the property rights of artists
and writers, and as a member of the World Trade Organization, is enjoined to
recognize and protect intellectual creation expressed and distributed in the various
modes and channels invented by man.

Information and communications technologies have broken new ground with
the onset of a new channel for the dissemination of intellectual creation at high speed:
the internet. Undeniably, the emergence of the so-called digital revolution has
equipped mankind with a new empowerment, vastly expanded his knowledge and
broke barriers amongst countries and individuals in the delivery of information, thus
transforming the domains of information and communication into a borderless
universe in cyberspace.

Lamentably, however, this spectacular invention of man also bred a new and
awesome breed of pirates who utilize the same new technology in stealing intellectual
property and infringing intellectual property rights in cyber space. Reportedly, based
‘on the year-2000 figures, the software industry in the Philippines had lost about
$27.1 million or about P1.4 billion in revenues as a result of a 61% piracy rate,
depriving the government of some P170 million in taxes. The sound-recording
industry estimated a piracy rate of 33% in the year 2000 with losses amounting to
$1.3 million or P65 million, while the entertainment software industry estimated a
piracy rate of 98% for the same year with losses amounting to $41 million or about P2
billion. Indeed, the threat to protected works assumes prime significance if one
considers the role of organized and syndicated crime in the commission of piracy in
the lanes of cyberspace. Pirated software in the form of illegal CDs, CD-ROMS,


DVDs and similar optic products are openly and brazenly sold at extremely low
prices. Copies of protected works are unmitigatedly downloaded in interactive
networks or uploaded unto internet servers without the consent of their owners or
rights holders. Property rights-violations swell by the day. Intellectual theft has
reputedly become a lucrative and thriving industry in the country today, presumably
because of the growing vigilance of many Asian countries over software piracy in
their own domains. This allegedly has encouraged pirates to bring their business to
the Philippines which presumably offers a less hostile environment to intellectual
thievery.

While our intellectual Property Code (Code) was conceived with consummate
vision at the time of its enactment, its provisions however have not kept pace with the
awesome advances made in the area of intellectual rights-infringement in electronic
commerce. While the marvel of digital technology has undoubtedly improved the
quality of life and simplified the conduct of business and trade by a simple computer
command, this same wonder has also been exploited for the pursuit of covert
operations and profitable opportunities for intellectual theft and infringement.

Given these staggering realities, the stage is now set to retool the prevailing
law by sharpening its focus, enlarging its protective coverage and reinforcing its
potency to provide meaningful relief to victims of intellectual thievery and to
strengthen current legal mandates to meet the challenges posted by new digital
technologies thus hopefully averting the dangers proffered by the electronic
environment.

This bill therefore seeks to amend the Code through the integration of
comprehensive, swift, efficient and adequate strategies designed to respond to the
criminal onslaught of Internet piracy. At the same time, it seeks to give as much
concem to the rights of performers, phonogram producers and broadcasters in the
same breath as those accorded authors of artistic and literally works, by
acknowledging the right of such phonogram producers, performers or broadcasters 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.

‘The Sponsor likewise believes that through these amendments, the country can
align itself with the breakthroughs made in intellectual property rights-protection by
providing certain safeguards to insure that rights-holders can likewise effectively use
technology to protect their own rights and to license their own works online,
especially when their creations are disseminated in the internet, and by recognizing
the utilization of safeguards to prevent the deletion or alteration of information that
accompanies any protected material available only which identifies the work, its
creator, performer or owner, as well as the terms and conditions for the use of such
protected work. Furthermore, considering the speed and manner in which rights-
violations and infringements are committed in the internet over valuable contents of
stolen work, measures and legal options are, through these proposals, instituted in the
Code to insure swift and effective protection of the rights of owners of protected
works against infringing activities committed either directly or indirectly in the
internet. 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.

Concededly, the present Code was not and could not have been programmed
to address what its framers had not foreseen, but since it is a law intended to be the
guardian of intellectual property rights and the protector of the owners of such rights
for all t should seasonably craft policy in order to maintain and sustain the rule
of law in this new dimension of information technology and make intellectual
property protection more vigorous and meaningful.

It is the Sponsor’s belief that a strong, militant and uncompromising
intellectual Property law would not only fight piracy, but would stimulate creativity,
spark individual talent, enkindle ingenuity, reward effort, protect science, safeguard
invention, promote the arts, invigorate the entertainment and broadcast industries,
accelerate the growth of electronic commerce, spur software development, energize
the economy and inspire inventor-confidence which the country sorely needs at this
time.

It is gratifying to note that the country abounds with talent, ingenuity and
creativity in the traditional and non-traditional fields of intellectual expression. For
this reason, the labors of the Filipino genius should not be held prey to, or be held
hostage by the pirates of commerce. It is time that the government eliminate, in
strong and unmistakable terms, this modern day-buccaneering and bring the country
to the global community of responsible governments.

Intellectual theft is not only morally wrong: it is an afiliction that saps the
vitality of the legal order. For this reason, a firm, resolute and inexorable national
policy must now be articulated through these proposed amendments to the intellectual
Property Code, the passage of which amendments, I urge my esteemed colleagues in
this Chamber to support.

RUFUS B, |GUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS OF THE ) aerngs, =

REPUBLIC OF THE PHILIPPINES ) ae .

First Regular Session 2 -, "
¥ ) > ReCEIWven @

© oan O71 JUL 2016
TIME: 7%,

HOUSE OF REPRESENTATIVES
47

House Bill No.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

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 R.A. 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 IPO. -

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 :

{a) The Bureau of Patents;
(b) The Bureau of Trademarks;


(c) The Bureau of Copyright;

(d) The Bureau of Legal Affairs;

(c) The Documentation Information and Technology
Transfer Bureau;

() The Management Information System and EDP
Bureau; and

(g) The Administrative, Financial and Personnel Services

Bureau.

SEC. 2. Section 7 of R.A. No. 8293 is hereby amended to read

as follows:

Sec. 7. The Director General and Deputies Director General

(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 Appellate jurisdiction over decisions made by the
Director of Copyrights 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 Of
R.A. 8293, to read as follows:

Sec. 9A. The Bureau of Copyright shall have the Following

Functions:

9A. 1.

9A. 2.

9A. 3.

9A. 4.

9A. 5.

9A. 6.

Accept, review and decide on applications for the
accreditation of collective management organizations or
similar entities;

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;

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;

Assist the Documentation, Information and Technology
Transfer Bureau (DITTB) in educating the public and
building awareness of copyright and related rights
through seminars, lectures and other similar activities;
Provide information to the Director General regarding
matters of copyright and related rights that require
publication in the IPO Gazette;

Coordinate with the National Library and the Supreme
Court Library for the maintenance of 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 to formulate and implement plans
and policies to strengthen the protection of copyright
and related rights.

SEC. 4. Section 13.2 of R.A. No. 8293 is hereby amended to
read as follows:

13.2 The Patent, Trademark, and Copyright Administration
Services shall perform the following functions among
others:

(a) Maintain registers of assignments, mergings, licenses, and
bibliographic on patents, trademarks and copyright;
Provided, That nothing in this section shall be deemed to
amend Sec. 172.2 of Republic Act No. 8293;

(b) XXX

(c) xxx

SEC. 5. Section 171.3 of R.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. 41e, P.D. No. 49a);

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.

171. 13.

“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.

“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
such 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 of R.A. No. 8293 is hereby amended to read

as follows:

Sec. 180. Rights of Assignee or Licensee. ~

180. 1.

180. 2.

180. 4.

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.

The copyright is not deemed assigned or licensed
inter vivos, in whole or in part, unless there is a

written indication of such intention.

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.
‘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.

SEC. 9. Section 181 of R.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 of 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 copyright owners or their
heirs may designate a socicty of artists, writers, or composers to
enforce their economic rights or moral rights on their behalf. The
Intellectual Property Office of the Philippines shall establish an
accreditation system for collective management organizations or
similar entities. (Sec. 32, P.D. No. 49a)


SEC. 11. Section 185.1 of R.A. No. 8293 is hereby amended to
read as follows:

Sec. 185. Fair Used 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 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. 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;

a) The amount and substantiality of the portion used
in relation to the copyrighted work as a whole; and

(a) ‘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
copyright owner. This distribution is also permitted in case the copies
have been made abroad and the conditions mentioned have been
fulfilled.

SEC. 12. Implementing Rules and Regulations on the
Reproduction or Distribution of Published Articles / Materials 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 of R.A. No. 8293 is hereby amended to

read as follows:

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:

io) 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.

SEC.14. Sections 190.1 and 190.2 of R.A. No. 8293 are deleted

in their entirety.

SEC. 15. Section 190.3 of R.A. 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 articles the importation
or exportation of which is prohibited under this 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 of R.A. No. 8293 is hereby amended to

read as follows:

Sec. 191. Deposit and Notice of Deposit with the National Library
and the Supreme Court Library. ~ Within three (3) weeks after the first
public dissemination or performance by authority of the copyright
owner of a work falling under Subsections 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, 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 in accordance
with regulations: Provided, That only works in the field of law shall be


deposited with the Supreme Court Library. A notice of deposit shall be
issued for which the prescribed fee shall be collected. (Sec. 26, P.D.
No. 49a)

SEC. 17 Section 198 of R.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 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 of R.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:

2081. The right to authorize the direct or indirect
reproduction of their sound recordings, in any
manner or form;

2082. 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;

2083. The right to authorize the commercial rental to the
public of the original and copies of their sound
recordings, even after distribution by them or


208 4.

pursuant to authorization by the producer; (Sec.
46, P.D. No. 49a) and

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.

SEC. 19. Section 212 of R.A. No. 8293 is hereby amended to

read as follows:

Sec. 212. Limitations on Rights. - The provisions of Chapter VII

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)

(B)

()

Directly commits an infringement;

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

Purposely and with intent to enable or induce
infringement by another person, and materially
contributes to it.


Sec. 216.1. Remedies for Infringement. ~ Any person infringing a
right protected under this law shall be liable:

(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
costs 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 double against any person who:

a. Circumvents effective technological measures; or

b. 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.


c. To 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. To deliver under oath for destruction without any
compensation all infringing copies or devices, as
well as plates, molds, or other means for making

such infringing copes as the court may order.

e. To such other terms and conditions, including the
payment of moral and exemplary damages, which
the court may deem proper, wise equitable and the
destruction of infringing copies of the work even in
the event of acquittal in a criminal case.

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 (PHP 50,

000). In awarding statutory damages, the court shall consider the

following factors:

(y).

(2).

(3).

(4).

The nature and purpose of the infringing act such as
whether it was of a commercial nature;

The flagrancy of the infringement;

Whether the defendant acted in bad faith;

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/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 the ten thousand pesos (PHP 10, 000.00).

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 of R.A. No. 8293 is hereby amended to

read 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 manufactures 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:


1. The circumvention of effective technological measures; or

I, 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

I. 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.

SEC. 22, Section 218.1 of R.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 subject 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 proceeding 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.

220A. 2.

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 may
be.

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;

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

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 recording 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 or 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.

224.3 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 right holder 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 Section

230, to read as follows:

Sec, 230, Adoption of Intellectual Property (IP) Policies. - Schools
and universities are encouraged 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 learning
institution and its employees, and adopting locally established
industry practice fair use guideline. 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. 8239 is hereby renumbered
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 al least two (2) newspapers of general

circulation in the country.

Approved,