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23 JAN 23 P4 -05
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No. 17.<^4
ECEIVEDEV,
"T)
Introduced by SENATOR IMEE R. MARCOS
AN ACT
AMENDING SECTION 213, SECTION 213.1, SECTION 213.2, SECTION 213.3, 
SECTION 213.4, SECTION 213.5, AND SECTION 213.6 OF REPUBLIC ACT 
NO. 8293, OTHERWISE KNOWN AS THE "INTELLECTUAL PROPERTY CODE 
OF THE PHILIPPINES," AS AMENDED BY REPUBLIC ACT NO. 10372, AND
FOR OTHER PURPOSES
EXPLANATORY NOTE
Article XIV, Section 13 of the 1987 Philippine Constitution states that "the 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 provided under existing laws."
To implement the above-stated policy, Republic Act No. 8293, otherwise known 
as the "Intellectual Property Code of the Philippines", as amended by Republic Act No. 
10372, was enacted to establish an effective intellectual and industrial property system 
recognized as vital to the development of domestic and creative activity, which 
facilitates the transfer of technology, attracts foreign investments, and ensures market 
access for our products and artistic works. Republic Act No. 8293 further declares as a 
state policy the enhancement of the enforcement of intellectual property rights in the 
Philippines.
Under the Agreement on Trade-Related Aspects of Intellectual Property Rights 
(TRIPS) which the Philippines has adopted as early as 1994, the term of copyright 
protection shall be at least twenty-five (25) years from creation for applied art and 
photographic works and at least fifty (50) years counted from (i) the death of the 
creator in case of posthumous, original, and derivative works; (ii) from the end of the 
calendar year of publication for authorized publication; and (iii) from the making of the 
work those without authorized publication. Such durations are the minimum standard 
copyright terms that parties to said treaty have agreed to as fair and favorable to 
creators or artists in order to protect their existing work and encourage further creation. 
Other countries have extended their copyright terms from the minimum fifty (50) years


to seventy (70) years (e.g., Canada, Brazil, and Australia) and 100 years (e.g., Mexico). 
Indeed, extended copyright protection that lets creators retain moral and economic 
rights to their work for a longer period gives them well-deserved attribution and 
economic benefits that in turn incentivize further creativity and artistic innovation. It is 
time the Philippines adopts a similar policy of expanding the minimum standards of 
protection provided by the TRIPS Agreement and give its artists and creators increased 
protection in the form of extended copyright terms for their works.
In view of the foregoing, the approval of this bill is earnestly sought.
/^MEE R. MARCOS


A Senate
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NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
23 JAN 23 P4 -05
SENATE
S.B. No. 1734
RECEIVED hr.
Introduced by SENATOR IMEE R. MARCOS
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AN ACT
AMENDING SECTION 213, SECTION 213.1, SECTION 213.2, SECTION 213.3, 
SECTION 213.4, SECTION 213.5, AND SECTION 213.6 OF REPUBLIC ACT 
NO. 8293, OTHERWISE KNOWN AS THE "INTELLECTUAL PROPERTY CODE 
OF THE PHILIPPINES," AS AMENDED BY REPUBLIC ACT NO. 10372, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. Sections 213 and 213.1 of Republic Act (R.A.) No. 8293 is hereby 
amended to read as follows:
"SECTION 213. Term of Protection. -
213.1. Subject to the provisions of Subsections 213.2 to 213.5, the 
copyright in works under Sections 172 and 173 shall be protected 
during the life of the author and for [fifty (50)] SEVENTY (70) 
years after his death. This rule also applies to posthumous works."
SEC. 2. Section 213.2 of R.A. No. 8293, as amended by Section 21 of R.A. No. 
10372, is hereby amended to read, thus:
"Sec. 213.2. In case of works of joint authorship, the economic 
rights shall be protected during the life of the last surviving author 
and for [fifty (50)] SEVENTY (70) years after his death.
SEC. 3. Section 213.3 of R.A. No. 8293, as amended by Section 23 of R.A. No. 
10372, is hereby amended to read as follows:
"Sec. 213.3. In case of anonymous or pseudonymous works, the 
copyright shall be protected for [fifty (50)] SEVENTY (70) years 
from the date on which the work was first lawfully published:


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Provided, That where, before the expiration of the said period, the 
author's identity is revealed or is no longer in doubt, the provisions 
of Subsections 213.1. and 213.2 shall apply, as the case may be: 
Provided, further. That such works if not published before shall be 
protected for [fifty (50)] SEVENTY (70) years counted from the 
making of the work."
SEC. 4. Section 213.4 of R.A. No. 8293, as amended by Section 24(B) of R.A. 
No. 10372, is hereby amended to read as follows:
"Sec. 213.4. In case of works of applied art the protection shall be 
for a period of [twenty-five (25)] FIFTY (50) years from the date 
of making."
SEC. 5. Section 213.5 of R.A. No. 8293, as amended by Section 24(C) of R.A. 
No. 10372, is hereby amended to read as follows:
"Sec. 213.5. In case of photographic works, the protection shall be 
for [fifty (50)] SEVENTY (70) from publication of the work and, if 
unpublished, [fifty (50)] SEVENTY (70) from the making."
SEC. 6. Section 213.6 of R.A. No. 8293, as amended by Section 24(C) of R.A. 
No. 10372, is hereby amended to read as follows:
"Sec. 213.6. In case of audio-visual works including those produced 
by process analogous to photography or any process for making 
audio-visual recordings, the term shall be [fifty (50)] SEVENTY 
(70) from date of publication and, if unpublished, from the date of 
making."
SEC. 7. Separability Clause. - If for any reason, any provision of this Act is 
declared invalid or unconstitutional, the remaining parts or provisions not affected shall 
remain in full force and effect.
SEC. 8. Repealing Clause. - All laws, ordinances, rules, regulations, other 
issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or 
modified accordingly.
SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,