" 
5, '\.'< iI. 
GOFflCE OF TH\",'CRF."~ "flV 
FIFTEENTH CONGRESS OF THE 
) 
10 
AUG 2.3 
1\10 :U\ 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 2431 
Introduced by Senator EDGARDO J. 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, to 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 
propeliy 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 
1 


address two new issues: I) the technological measures provisions (Article II 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, I urge my esteemed colleagues in the Chamber to support the immediate 
passage of the bill. 
!vv /~ 
EDGARDO J. ANGARA 
2 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B.No. 2431 
I: 
:: .. l~('JLrE 
«»fFICE Of THf 
"f:O~El,ifW 
1111 
AUG 23 A](;: H~ 
. MCflVED 8V: f-'~. 
j 
Introduced by Senator EDGARDO J. 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 in the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
1 
SECTION 1. Section 171 ofR.A. 8293 is hereby amended to read as follows: 
2 
3 
"SEC. 171. Definitions. - For the purpose of this Act, the following terms 
4 
have the following meaning: 
5 
xxx 
6 
171.3 "Communication to the public" or "communicate to the public" is the 
7 
making of a work available to the public by wire or wireless means in such 
8 
a way that members of the public may access the works from a place and at 
9 
a time individually chosen by them, AND SHALL INCLUDE ANY 
10 
COMMUNICATION TO THE PUBLIC, THROUGH BROADCASTING, 
11 
REBROADCASTING, 
RETRANSMITTING 
BY 
CABLE, 
12 
BROADCASTING AND RETRANSMITTING BY SATELLITE. 
13 
x x x 
14 
171.9 "Reproduction" is the making of one (1) or more copies, TEMPORARY OR 
15 
PERMANENT, IN WHOLE OR IN PART, of a work or sound recording in 
16 
any manner or form. 
17 
x x x 
18 
171.12 
"EFFECTIVE iECHNOLOGICAL MEASURE" MEANS ANY 
19 
TECHNOLOGY, DEVICE OR COMPONENT THAT, IN THE NORMAL 
20 
COURSE OF 
ITS 
OPERATION, CONTROLS ACCESS 
TO 
A 
1 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
171.13 
PROTECTED WORK, SOUND RECORDING, OR OTHER SUBJECT 
MATTER, OR PROTECTS ANY COPYRIGHT OR ANY RIGHTS 
RELATED TO COPYRIGHT AS PROVIDED BY THIS ACT. 
"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. 
24 
SEC. 2. Section 177.3 is hereby amended to read as follows: 
25 
26 
"SEC. 177. Copyright or Economic Rights. - Subject to the provisions of 
27 
Chapter VIII, copyright or economic rights shall consist of the exclusive right to 
28 
carry out, authorize or prevent the following acts: 
29 
xxx 
30 
177.3 "THE IMPORT A TION INTO THE PHILIPPINES, AND the first public 
31 
distribution within the Philippines, of the original and each copy of the 
32 
work, by sale or other forms of transfer of ownership." 
33 
34 
SEC. 3. Section 178.5 is hereby amended by striking "exhibition" and inserting 
35 
"exploitation" and to read as follows: 
2 


I 
"SEC. 178. Rules on Copyright Ownership. - Copyright ownership shall be 
2 
governed by the following rules: 
3 
xxx 
4 
5 
178.5 In the case of audiovisual work, the copyright shall belong to the producer, 
6 
the author of the scenario, the composer of the music, the film director, and 
7 
the author of the work so adapted. However, subject to contrary or other 
8 
stipulations among the creators, the producer shall exercise the copyright to 
9 
an extent required for the [exhibition] EXPLOITATION of the work in any 
10 
manner, except for the right to collect performing license fees for the 
II 
performance of musical compositions, with or without words, which are 
12 
incorporated into the work. 
13 
14 
SEC. 4. Section 180 is hereby amended by inserting the following new paragraph 
15 
to be known as 180.4 to read as follows: 
16 
17 
"SEC. 180. Rights of Assignee. - 180.1. The copyright may be assigned in 
18 
whole or in part. Within the scope of the assignment, the assignee is entitled to all 
19 
the rights and remedies which the assignor had with respect to the copyright. 
20 
xxx 
21 
180.4 "ANY EXCLUSIVE RIGHT IN A WORK MAY BE EXCLUSIVELY 
22 
LICENSED. WITHIN THE SCOPE OF THE EXCLUSIVE LICENSE, 
23 
THE LICENSEE IS ENTITLED TO ALL THE RIGHTS AND 
24 
REMEDIES WHICH THE LICENSOR HAD WITH RESPECT TO THE 
25 
COPYRIGHT." 
26 
27 
SEC. 5. Section 183 is hereby amended to read as follows: 
28 
29 
"SEC. 183. Designation of Society. - The copyright owners or their heirs 
30 
may designate a society of artists, writers, or composers, OR A SIMILAR AGENT, 
31 
to enforce their economic rights or moral rights on their behalf." 
32 
33 
34 
SEC. 6. Section 184, sub-sections (i) and (k) is hereby amended to read as follows: 
3 


I 
"SEC. 184. Limitations on Copyright. - 184.1. Notwithstanding the 
2 
provisions of Chapter V, the following acts shall not constitute infringement of 
3 
copyright: 
4 
xxx 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
(i) 
(k) 
The public performance or the communication to the public of a 
work, in a 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 
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." 
20 
SEC. 7. Section 185.1 is hereby amended to read as follows: 
21 
22 
"SEC. 185. Fair Use of a Copyrighted Work. - 185.1 The fair use of a 
23 
copyrighted work for criticism, comment, news reporting, teaching including 
24 
multiple copies for classroom use, scholarship, research, and similar purposes is not 
25 
an infringement of copyright, Decompilation, which is understood here to be the 
26 
reproduction of' the code and translation of the forms of [the 1 A computer program 
27 
to achieve the inter-operability of an independently created computer program with 
28 
other programs may also constitute fair use UNDER THE CRITERIA 
29 
ESTABLISHED BY THIS SECTION, TO THE EXTENT THAT SUCH 
30 
DECOMPILATION IS INDISPENSABLE IN ORDER TO OBTAIN THE 
31 
INFORMATION NECESSARY TO ACHIEVE SUCH INTER-OPERABILITY. 
32 
In determining whether the use made of a work in any particular case is fair use, the 
33 
factors to be considered shall include:" 
34 
35 
SEC. 8. Section 188 is hereby amended to read as follows: 
4 


1 
2 
3 
4 
5 
6 
7 
"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 repro graphic 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 
8 
missing tomes or pages of magazines or similar works, unless the 
9 
volume, tome or part is out of stock: Provided, That every library 
10 
which, UNDER SECTION 191, is entitled to receive copies of a 
11 
printed work, shall be entitled, when special reasons so require, to 
12 
reproduce a SINGLE REPRO GRAPHIC copy of a published work 
13 
which is considered necessary for the collection of the library but 
14 
which is out of stock AND NOT REASONABLY AVAILABLE TO 
15 
IT THROUGH COMMERCIAL CHANNELS." 
16 
17 
SEC. 9. Section 190, Subsection 190.1 is hereby amended by striking "Subsection 
18 
177.6 and in lieu thereof, substituting "Subsection 177.3," and by striking "Subsection 
19 
185.2" and in lieu thereof, substituting "Subsection 184.2", to read as follows: 
20 
21 
"190.1. 
Importation for Personal Purposes - Notwithstanding the provision of 
22 
Subsection [177.6] 177.3 but subject to the limitation under the Subsection 
23 
[185.2] 184.2 the importation of a copy of a work by an individual for his 
24 
personal purposes shall be permitted without the authorization of the author 
25 
of, or other owner. of copyright in, the work under the following 
26 
circumstances: 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(a) 
When copies of the work are not available in the Philippines and: 
(i) Not more than one (1) copy at one time is imported by strictly 
individual use only; or 
(ii) 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 anyone 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 
5 


I 
arts, or for any state school, college, university, or free public library 
2 
in the Philippines. 
3 
4 
(b) When such copIes forms parts of libraries and personal baggage 
5 
belonging to persons or families arriving from foreign countries and are not 
6 
intended for sale: Provided, That such copies do not exceed three (3). 
7 
xxx 
8 
190.3. Subject to the approval of the Secretary of Finance, the Commissioner of 
9 
Customs is hereby empowered to make mles and regulations for preventing 
10 
the importation OR E,XPORTATION OF INFRINGING ARTICLES OR of 
II 
articles the importation OR EXPORTATION of which is prohibited under 
12 
this [Section] ACT and under treaties and conventions to which the 
13 
Philippines may be a pmty and for seizing and condemning and disposing 
14 
of the same in case they are discovered after they have been imported OR 
15 
BEFORE THEY ARE EXPORTED, OR WHILE IN TRANSIT, 
16 
THROUGH THE CUSTOMS TERRITORY OF THE REPUBLIC OF THE 
17 
PHILIPPINES. 
18 
19 
SEC. 10. Section 191 is hereby amended by striking "Subsections 172.1, 172.2 and 
20 
172.3," and in lieu thereof, substituting "Subsections 172.l(a), (b) and (c)", to read as 
21 
follows: 
22 
"SEC. 191. Registration and Deposit with National Library and the 
23 
Supreme Court Library. - After the first public dissemination of performance by 
24 
authority of the copyright owner of a work falling under Subsections [172.1, 172.2 
25 
and 172.31 I 72.l(a), (b) and (c) of this Act, there shall, for the purpose of 
26 
completing the records of the National Library and the Supreme Court Library, 
27 
within three (3) weeks, be registered and deposited with it, by personal delivery or 
28 
by registered mail, two (2) complete copies or reproductions of the work in such 
29 
form as the directors of said libraries may prescribe. A certificate of deposit shall 
30 
be issued for which the prescribed fee shall be collected and the copyright owner 
31 
shall be exempt from making additional deposit of the works with the National 
32 
Library and the Supreme Court Library under other laws. If, within three (3) weeks 
33 
after receipt by the copyright owner of a written demand from the directors for such 
34 
deposit, the required copies or reproductions are not delivered and the fee is not 
35 
paid, the copyright owner shall be liable to pay a fine equivalent to the required fee 
6 


1 
per month of delay and to pay to the National Library and the Supreme Court 
2 
Library the amount of the retail price of the best edition of the work. Only the 
3 
above mentioned classes of work shall be accepted for deposit by the National 
4 
Library and the Supreme Court Library. (Sec. 26, P.D. No. 49a). 
5 
6 
SEC. 11. Subsection 205.2 is hereby amended to read as follows: 
7 
8 
"205.2. The provisions of Sections 184, [and Section] 185, AND 190 shall 
9 
apply mutatis mutandis to performers." 
10 
11 
SEC. 12. Section 20S is amended by amending subsection 20S.1 and adding a new 
12 
subsection 20S.4 and to read as follows: 
13 
14 
"SEC. 208. Scope of Right. - Subject to the provisions of Section 212, 
15 
producers of sound recordings shall enjoy the following exclusive rights: 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
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 ofthese 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. 
30 
SEC. 13. Section 210 is hereby amended to read as follows: 
31 
32 
"SEC. 210. Limitation of Right. - Sections 184, [and]IS5, AND 190 shall 
33 
apply mutatis mutandis to the producer of sound recordings. (See. 48, P.D. No. 
34 
49a)." 
35 
7 


1 
SEC. 14. Section 212 is hereby amended to read as follows: 
2 
3 
"SEC. 212. Limitations on Rights. - SUBJECT TO THE APPLICATION 
4 
MUTATIS MUTANDIS OF SECTION 184.2 OF THIS ACT, Sections 203, 208 
5 
and 209 shall not apply where the acts referred to in those Sections are [related to 1 
6 
CARRIED OUT IN CONNECTION WITH: 
7 
212. 1 The use by a natural person exclusively for his own personal purposes; 
8 
212.2 Using short excerpts for reporting current events; 
9 
212.3 Use solely for the purpose of teaching or for scientific research; and 
10 
212.4 Fair use of the broadcast subject to the condition under Section 185 (See. 44, 
11 
P.D. No. 49a). 
12 
13 
SEC. 15. Section 216 of the same Act is hereby amended and renumbered to read 
14 
as follows: 
15 
16 
"SEC 216. INFRINGEMENT, WHAT CONSTITUTES. - [Remedies for 
17 
Infringement]. A PERSON INFRINGES A RIGHT PROTECTED UNDER THIS 
18 
ACT WHEN HE OR SHE: 
19 
20 
(a) 
DIRECTLY COMMITS AN 
INFRINGEMENT OR CAUSES AN 
21 
INFRINGEMENT TO BE COMMITTED: 
22 
23 
(b) 
BENEFITS FINANCIALLY FROM THE INFRINGING ACTIVITY OF 
24 
25 
26 
27 
ANOTHER PERSON WHO COMMITS AN INFRINGEMENT IF THE 
PERSON BENEFITING HAS THE RIGHT AND ABILITY TO CONTROL 
THE ACTMTIES OF THE OTHER PERSON; OR 
28 
(c) 
ENABLES OR INDUCES INFRINGEMENT BY ANOTHER PERSON 
29 
ENABLING OR INDUCING THE INFRINGEMENT WHICH HE HAS 
30 
OR REASONABLY 
SHOULD 
HAVE 
KNOWLEDGE 
OF 
AND 
31 
MATERIALLY CONTRIBUTES TO IT. 
32 
33 
SEC. 16. Section 216.1 is hereby amended as follows: 
34 
8 


I 
"SEC. 216.1 REMEDIES FOR INFRINGEMENT -
Any person 
2 
infringing a right protected under this law shall be liable: 
3 
xxx 
4 
(b) 
TO [P]pay to the copyright proprietor or his assigns or heirs such actual 
5 
damages, including legal costs and other expenses, as he may have incurred 
6 
due to the infringement as well as the profits the infringer may have made 
7 
due to such infringement, and in proving profits the plaintiff shall be 
8 
required to prove sales only and the defendant shall be required to prove 
9 
every element of cost which he claims, or, in lieu of actual damages and 
10 
profits, such damages which to the court shall appear to be just AND 
11 
WHICH IT FINDS TO BE SUFFICIENT TO FULLY COMPENSATE 
12 
THE RIGHT HOLDER FOR THE INJURY HE HAS SUFFERED, AND 
13 
SUFFICIENT TO CONSTITUTE AS A DETERRENT TO FURTHER 
14 
INFRINGEMENTS, and shall not be regarded as penalty. 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(f) 
xxx 
THE COPYRIGHT OWNER MAY ELECT, AT ANY TIME BEFORE 
FINAL JUDGMENT IS RENDERED, TO RECOVER AN A WARD 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. 
26 
SEC. 17. Subsection 216.2 is hereby amended by adding a proviso at the end of 
27 
said subsection, to read as follows: 
28 
29 
"216.2 In an infringement action, the comi shall also have the power to 
30 
order the seizure and impounding of any article which may serve as evidence in the 
31 
court proceedings: PROVIDED, HOWEVER, THAT: 
32 
33 
34 
35 
(a) 
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 
9 


1 
2 
3 
4 
5 
6 
7 
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; 
8 
(b) 
SUCH RELIEF MAY INCLUDE, BUT IS NOT LIMITED TO, SEIZURE 
9 
OR IMPOUNDMENT OF INFRINGING COPIES OF EQUIPMENT 
10 
11 
12 
13 
WHICH CAN BE USED TO MAKE INFRINGING COPIES OF 
BUSINESS RECORDS, AND OF DOCUMENTARY EVIDENCE IN 
ANY FORM, INCLUDING ELECTRONIC FORM; 
14 
(c) 
THE COURT MAY ORDER PROVISIONAL MEASURES WITHOUT 
15 
NOTICE TO THE OTHER PARTY WHEN IT DETERMINES THAT 
16 
17 
18 
19 
20 
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; 
21 
(d) 
THE 
COURT 
MAY 
CONDITION 
THE 
AVAILABILITY 
OF 
22 
PROVISIONAL 
MEASURES 
UNDER 
THIS 
SECTION 
UPON 
23 
SUFFICIENT SQOWING, BASED ON REASONABLY AVAILABLE 
24 
25 
26 
27 
28 
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; 
29 
(e) 
UPON REQUEST 'By THE OTHER PARTY, THE PROVISIONAL 
30 
MEASURES SHALL CEASE TO HAVE EFFECT IF PROCEEDINGS 
31 
32 
33 
34 
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, 
10 


1 
2 
3 
4 
5 
6 
7 
(f) 
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. 
8 
SEC. 18. Subsections 217.3 (b) and (c) are hereby amended to read as follows: 
9 
10 
"SEC. 217.3 Any person who, at the time when copyright subsists in a 
11 
work, has in his possession an article which he knows, or ought to know, to be 
12 
infringing copy of the work for the purpose of: 
13 
xx x 
14 
15 
16 
17 
18 
(b) 
Distributing, 'INCLUDING IMPORTING OR EXPORTING the 
article, for purpose of trade or for any other purpose to an extent that 
wili prejudice the rights of the copyright owner in the work or 
[Trade exhibit of the article] EXHIBITING THE WORK in public, 
OR OTHERWISE USING THE ARTICLE FOR TRADE OR 
(c) 
19 
BUSINESS, shall be guilty of an offense and shall be liable on 
20 
conviction to imprisonment and fine as above mentioned. (See 29, 
21 
P.D. No. 490). 
22 
23 
SEC. 19. Subsection 218.1(c) is hereby amended to read as follows: 
24 
25 
"SEC. 218. Affidavit Evidence - 218.1. In an action under this Chapter, an 
26 
affidavit made before a notary public by or on behalf of the owner of the copyright 
27 
in any work or other subject matter and stating that: 
28 
xxx 
29 
30 
31 
32 
33 
34 
35 
(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 assnme that the 
affidavit was made by or on behalf of the owner of the copyright." 
11 


1 
SEC. 20. There shall be two new sections to be added at the end of Section 220.2 
2 
to be known as Section 220A and 220B, to read as follows: 
3 
4 
"SEC 220A. DISCLOSURE OF INFORMATION 
5 
220A.1. WHERE AN ARTICLE OR ITS PACKAGING OR AN IMPLEMENT 
6 
FOR MAKING IT IS SEIZED OR DETAINED UNDER THIS ACT, OR 
7 
IS REASONABLY SUSPECTED BY AN AUTHORIZED OFFICER TO 
8 
BE IN VIOLATION OF THIS ACT, THE AUTHORIZED OFFICER 
9 
SHALL, WHENEVER REASONABLY PRACTICABLE, NOTIFY THE 
10 
OWNER 
OF 
THE 
COPYRIGHT 
IN 
QUESTION 
OR 
HIS 
11 
AUTHORIZED AGENT OF THE SEIZURE OR DETENTION, AS THE 
12 
CASE MAY BE. 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
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 
12 


1 
2 
3 
4 
(E) 
ANY OTHER INFORMATION OR DOCUMENT RELATING TO 
THE 
ARTICLE 
SEIZED 
OR 
DETAINED 
WHICH 
AN 
AUTHORIZED OFFICER DEEMS FIT TO DISCLOSE. 
5 
220A.3. THE OWNER OF THE COPYRIGHT OR HIS AUTHORIZED AGENT 
6 
SEEKING DISCLOSURE OF ANY INFORMATION OR DOCUMENT 
7 
THAT IS NOT REFERRED TO IN THE PREVIOUS PARAGRAPH OR 
8 
THAT IS NOT DISCLOSED BY THE AUTHORIZED OFFICER MAY 
9 
APPLY TO THE COURT FOR AN ORDER REQUIRING THE 
10 
AUTHORIZED OJ,:'FICER TO DISCLOSE SUCH INFORMATION OR 
11 
DOCUMENT AND THE COURT MAY ON SUCH AN APPLICATION 
12 
MAKE SUCH ORDER FOR DISCLOSURE AS IT THINKS FIT. 
13 
14 
SEC 220B ACCEPTANCE OF PROPORTIONAL EXAMINATION OF 
15 
ARTICLES SEIZED. 
16 
17 
220B.1.WHERE 
PACKAGES, 
RECEPTACLES 
OR 
CONTAINERS 
18 
CONTAINING 
COPIES 
OR 
IMPLEMENTS 
SUSPECTED 
OF 
19 
VIOLATING THIS ACT ARE SEIZED OR DETAINED, IT SHALL BE 
20 
SUFFICIENT ONLY TO OPEN AND EXAMINE THREE PERCENT 
21 
(3%) OR ANY TEN (10) COPIES, WHICHEVER IS HIGHER, OF THE 
22 
CONTENTS OF EACH PACKAGE, RECEPTACLE OR CONTAINER 
23 
SEIZED. 
24 
25 
220B.2.WHERE PROCEDURES WERE CARRIED OUT IN ACCORDANCE 
26 
WITH 
THE 
PREVIOUS 
PARAGRAPH, 
THE 
COURT 
SHALL 
27 
PRESUME THAT THE REMAINING COPIES CONTAINED IN THE 
28 
PACKAGE OR RECEPTACLE ARE OF THE SAME NATURE AS 
29 
THOSE COPIES EXAMINED." 
30 
31 
SEC. 21. Chapter XVIII is hereby amended by adding a new Section at the end 
32 
thereof to be known as Section 224A. to read as folIows: 
33 
34 
35 
"SECTION 224A, PROTECTION OF EXISTING SUBJECT MATTER: 
13 


1 
(224A11.) THE PROTECTION PROVIDED UNDER PART IV OF THIS ACT 
2 
SHALL ALSO APPLY TO WORKS, SOUND RECORDINGS AND 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
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. 
14 
(224A.2.) 
COPIES 
OF 
WORKS, 
SOUND 
RECORDINGS 
AND 
15 
PERFORMANCES FIXED IN SOUND RECORDINGS THAT ARE 
16 
17 
18 
19 
20 
21 
22 
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 EFFE<;TIVITY OF THIS ACT. 
23 
(224A.3.) NO OTHER EXERCISE OF EXCLUSIVE RIGHTS UNDER THIS 
24 
ACT WITH RESPECT TO SUCH WORK, SOUND RECORDING, 
25 
OR PERFORMANCE FIXED IN A SOUND RECORDING SHALL 
26 
BE PERMITTED WITHOUT THE CONSENT OF THE AUTHOR OR 
27 
OTHER RIGHTHOLDER OF SAID WORK, SOUND RECORDING, 
28 
OR PERFORMANCE FIXED IN A SOUND RECORDING." 
29 
30 
SEC. 22. Part IV is hereby amended by adding a new Chapter at the end thereof to 
31 
be known as Chapter XXI, to read as follows: 
32 
33 
"CHAPTER XXI. TECHNOLOGICAL PROTECTION MEASURES AND 
34 
RIGHTS MANAGEMENT INFORMATION 
35 
14 


1 
2 
SECTION 229A 
TECHNOLOGICAL PROTECTION MEASURES 
3 
229A.1. ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL 
4 
BE GUILTY OF A CRIME, PUNISHABLE TO THE SAME EXTENT 
5 
AS PROVIDED IN SECTION 217.1 (B) OF THIS ACT FOR THE FIRST 
6 
OFFENSE, AND TO THE SAME EXTENT AS PROVIDED IN 
7 
SECTION 
217.1(C) 
FOR THE 
SECOND 
OR 
SUBSEQUENT 
8 
OFFENSE, AND SHALL ALSO BE LIABLE UPON THE SUIT OF 
9 
ANY INJURED PARTY, TO A RELIEF, INCLUDING BUT NOT 
10 
LIMITED TO, DAMAGES, INJUNCTION, IMPOUNDMENT, AND 
11 
DESTRUCTION. THE REMEDIES PROVIDED IN 
SECTION 216 
12 
SHALL APPLY, MUTATIS MUTANDIS, TO VIOLATIONS OF THIS 
13 
SECTION: 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(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: 
(i) 
(ii) 
THAT 
ARE 
MARKETED 
PROMOTED, 
FOR 
THE 
ADVERTISED 
PURPOSE 
OR 
OF 
CIRCUMVENTION 
OF 
ANY 
EFFECTIVE 
TECHNOLOGICAL MEASURE; OR 
THAT HAVE ONLY A LIMITED COMMERCIALLY 
SIGNIFICANT PURPOSE OR USE OTHER THAN TO 
CIRCUMVENT ANY EFFECTIVE TECHNOLOGICAL 
MEASURE: OR 
(iii) 
THAT ARE PRIMARILY DESIGNED, PRODUCED, 
ADAPTED OR PERFORMEDFOR THE PURPOSE OF 
15 


1 
2 
3 
4 
ENABLING 
OR 
FACILITATING 
THE 
CIRCUMVENTION 
OF 
ANY 
EFFECTIVE 
TECHNOLOGICAL MEASURE. 
5 
229A.2.THIS 
SECTION 
PROHIBITS 
CIRCUMVENTION 
OF 
6 
TECHNOLOGICAL MEASURES, AND DOES NOT REQUIRE AN 
7 
AFFIRMATIVE RESPONSE TO SUCH MEASURES. THIS SECTION 
8 
DOES NOT REQUIRE THAT THE DESIGN OF, OR THE DESIGN AND 
9 
SELECTION OF PARTS AND COMPONENTS FOR A CONSUMER 
10 
ELECTRONICS, 
TELECOMMUNICATIONS 
OR 
COMPUTING 
11 
PRODUCT PROVIDE FOR A RESPONSE TO ANY PARTICULAR 
12 
TECHNOLOGICAL MEASURE. THIS PARAGRAPH DOES NOT 
13 
PROVIDE A DEFENSE TO A CLAIM OF 
VIOLATION OF 
14 
PARAGRAPH (1)(B). 
15 
16 
229A.3. A VIOLATION OF THIS SECTION IS INDEPENDENT OF ANY 
17 
INFRINGEMENT THAT MIGHT OCCUR UNDER THIS ACT. 
18 
19 
SECTION 229B INTEGRITY OF RIGHTS MANAGEMENT INFORMATION 
20 
21 
ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL BE 
22 
GUlL TY OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS 
23 
PROVIDED IN SECTION 217.1 OF THIS ACT, AND SHALL ALSO BE 
24 
LIABLE UPON THE SUIT OF ANY INJURED PARTY, TO RELIEF BY WAY 
25 
OF DAMAGES, INJUNCTION, IMPOUNDMENT, DESTRUCTION OR 
26 
OTHERWISE, AND THE REMEDIES PROVIDED IN SECTION 216 SHALL 
27 
APPLY, MUTATIS MUTANDIS, TO VIOLATIONS OF THIS SECTION 
28 
29 
30 
31 
32 
33 
34 
35 
(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 COPlES OF WORKS, SOUND 
16 


• 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
(b) 
RECORDINGS, OR FIXATIONS OF PERFORM-ANCES FROM 
WHICH ELECTRONIC RIGHTS MANAGEMENT INFORMATION 
HAS BEEN REMOVED; OR 
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." 
11 
SEC. 23. All laws, decrees, executive orders, issuances or regulations inconsistent 
12 
with the provisions of this Act are hereby revised or amended accordingly 
13 
14 
SEC. 24. If any part of this law is declared unconstitutional or invalid, such parts or 
15 
provisions thereof not so declared shall remain valid and subsisting. 
16 
17 
SEC. 25. This Act shall take effect fifteen (15) days from publication in two (2) 
18 
newspapers of general circulation in the country. 
19 
20 
Approved 
17