FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2628 
'10 
DEC 14 P 4 :36 
Introduced by Senator LOREN LEGARDA 
EXPLANATORY NOTE 
Article XII, Section 14 of the Philippine Constitution mandates the State to 
promote "the sustained development of a reservoir of national talents consisting of 
Filipino scientists, entrepreneurs, professionals, managers, high-level technical 
manpower and skilled workers and craftsmen in all fields." 
In adherence to this provision and as part of its commitment to the various 
international treaties on intellectual property rights to which the country is a signatory 
to, the Philippine Congress passed in 1998 Republic Act 8293, or the Intellectual 
Property Code (IPC) of the Philippines. 
However, in this modern age when the internet has become a necessity to access, 
• 
send, spread, download and upload almost all kinds of information and materials, the 
protection from piracy of protected data and other literary and artistic works has 
become more challenging. Unfortunately, the IPC does not cover the unlawful use or 
proliferation of protected material over the intermi~t. 
In 2002, the Philippines ratified two additional treaties that address the 
intellectual property concerns that have cropped' up due to the introduction of digital 
technologies. These two agreements are the WIPO Copyright Treaty (WCT) and WI PO 
Performances and Phonograms Treaty (WPPT). To fulfill our obligations as signatory to 
these treaties, the provisions in the WCT and the WPPT, particularly those on 
technological measures and rights management information, must be incorporated into 
our laws; thus, the need to amend the IPe. 
The International Telecommunications Union, an agency of the United Nations, 
estimates that in 2010, there are more than two billion internet users worldwide, about 
1.2 billion of which come from developing countries like the Philippines. While many 
people are gaining access to the internet, the responsibilities of internet users have not 
been specified, which at times result to the unlawful and irresponsible use, spread, and 
even reproduction of protected materials. 
1 


It is our obligation to ensure not only the promotion and recognition of the 
talents, but also the protection of the rights, of performers and producers of artistic and 
literary works. It is their right to disallow or allow, and therefore be compensated for, 
the use, production and reproduction of their works even over the internet and through 
other technological advancements that are available. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
2 
.-/"/ : ... -~~::.:~-~; ....• :.:> 
c~-L6R~ffGARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2628 
Introduced by Senator LOREN LEGARDA 
AN ACT 
t 
,~eHllh' 
{~fhf£ of t~e}J'Nuhrl! 
'10 
DEC 14 P 4 :36 
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 of R.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 
6 
7 
xxx 
8 
171,3 "Communication to the public" or "communicate to the public" is the 
9 
making of a work available to the puplic by wire or wireless means in 
10 
such a way that members of the public may access the works from a place 
11 
and at a time individually chosen by them, AND SHALL 
12 
INCLUDE ANY COMMUNICATION TO THE PUBLIC. THROUGH 
13 
14 
15 
16 
17 
BROADCASTING, REBROADCASTlNG, RETRANSMITTING BY 
CABLE, BROADCASTING AND RETRANSMITTING BY SATELLITE. 
xxx 
18 
171.9 "Reproduction" is the making of one (1) or more copies, TEMPORARY 
19 
OR PERMANENT, IN WHOLE OR IN PART, of a work or sound 
20 
recording in any manner or form. 
21 
22 
23 
xxx 
24 
171.12" EFFECTIVE TECHNOLOGICAL MEASURE" MEANS ANY 
25 
TECHNOLOGY, DEVICE OR COMI,'ONENT THAT, IN THE NORMAL 
1 


1 
COURSE OF ITS OPERATION, COI:'JTROLS ACCESS TO A PROTECTED 
2 
WORK, SOUND RECORDING, OR OTHER SUBJECT MATTER, OR 
3 
PROTECTS ANY COPYRIGHT OR ANY RIGHTS RELATED TO 
4 
COPYRIGHT AS PROVIDED BY THIS ACT. 
5 
6 
171.13 "RIGHTS MANAGEMENT INFORMATION" MEANS INFORMATION 
7 
WHICH 
IDENTIFIES 
THE 
WORK, 
SOUND RECORDING 
8 
OR PERFORMANCE; THE AUTHOR OF THE WORK, PRODUCER 
9 
OF THE SOUND RECORDING OR PERFORMER OF THE 
10 
PERFORMANCE; THE OWNER OF ANY RIGHT IN THE 
11 
WORK SOUND RECORDING OR PERFORMANCE; 
OR 
12 
INFORMATION ABOUT THE TERMS AND CONDITIONS OF 
13 
THE USE OF THE WORK, 
SOUND RECORDING OR: 
14 
PERFORMANCE; AND ANY NyMBERS OR CODES THAT 
15 
REPRESENT SUCH INFORMATION, WHEN ANY OF THESE 
16 
ITEMS IS ATTACHED TO A COPY OF THE WORK, SOUND 
17 
RECORDING OR FIXATION OF PERFORMANCE OR APPEARS IN 
18 
CONNECTION WITH THE COMMUNICATION TO THE PUBLIC 
19 
OF A WORK, SOUND RECORDING OR PERFORMANCE. 
20 
NOTHING IN THIS ACT REQUI~ES THE OWNER OF ANY RIGHT 
21 
IN THE 
WORK, 
SOUND 
RECORDING, 
OR 
PERFORMANCE 
22 
TO ATTACH RIGHTS MANAGEMENT INFORMATION TO 
23 
COPIES OF IT OR TO CAUSE' RIGHTS MANAGEMENT 
24 
INFORMATION TO APPEAR IN CONNECTION WITH A 
25 
COMMUNICATION OF THE WORK, SOUND RECORDING OR 
26 
PERFORMANCE TO THE PUBLIC 
27 
28 
SEC 2. Section 177.3 is hereby amended to read as follows: 
29 
30 
"SEC 177. Copyright or Economic Rights. 
- Subject to the provlslOns 
31 
of Chapter VIII, copyright or economic rights shall consist of the exclusive 
32 
right to carry out, authorize or prevent th~ following acts: 
33 
34 
35 
xxx 
36 
177.3 "THE IMPORTATION INTO THE PHILIPPINES, AND the first public 
37 
distribution within the Philippines, of the original and each copy 
38 
of the work, by sale or other forms of transfer of ownership." 
39 
40 
SEC 3. 
Section 178.5 
is hereby amended by striking "exhibition" and 
41 
inserting exploitation" and to read as follows: 
42 
43 
"SEC 178. Rules on Copyright Ownership. - Copyright ownership shall 
44 
be governed by the following rules: 
45 
46 
xxx 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
178.5 In the case of audiovisual work, the copyright shall belong to the 
producer, the author of the scenariq, 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. 
12 
SEC 4. Section 180 is hereby amended by inserting the following new 
13 
paragraph to be known as 180.4 to read as follows: 
14 
15 
16 
"SEC 180. Rights of Assignee. - 189.1. The copyright may be assigned 
17 
in whole or in part. Within the scope of the assignment, the assignee is 
18 
entitled to all the rights and remedies which the assignor had with respect to 
19 
the copyright. 
20 
21 
xxx 
22 
23 
180.4 "ANY EXCLUSIVE RIGHT IN A WORK MAYBE 
24 
EXCLUSIVELY LICENSED. WITHIN THE SCOPE OF THE 
25 
EXCLUSIVE LICENSE, THE 
LICENSEE 
IS 
ENTITLED 
TO 
26 
ALL 
THE 
RIGHTS 
AND REMEDIES WHICH THE LICENSOR 
27 
HAD WITH RESPECT TO THE COPYRIGHT." 
28 
29 
SEC 5. Section 183 is hereby amended to read as follows: 
30 
31 
"SEC 183. Designation of Society. 
- The copyright owners or their 
32 
heirs may designate a society of artists, writers, or composers, OR A SIMILAR 
33 
AGENT, to enforce their economic rights or moral rights on their behalf." 
34 
• 
35 
SEC 6. Section 184, sub-sections (i) and (k) is hereby amended to read as 
36 
follows: 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
"SEC 
184. 
Limitations on 
Copyright. 
the provisions 
of Chapter V, the following 
infringement of copyright: 
184.1. 
Notwithstanding 
acts 
shall not constitute 
xxx 
(i) 
The public performance or the communication to the public 
of a work, in a place where no admission fee is charged 
DlRECTL Y OR INDlRECTL Y 
in 
respect 
of 
such 
public 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
(k) 
performance or communication, by a club or institution for 
charitable or educational purpose 
only, 
whose 
arm 
IS 
not 
profit making; 
WHERE NO COMPENSATION OR FEE IS 
PAID TO ANY PERFORMER, PROMOTER, 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." 
16 
SEC 7. Section 185.1 is hereby amended to read as follows: 
17 
18 
"SEC 185. Fair Use of a Copyrighted Work. - 185.1 The fair use of a 
19 
copyrighted 
work 
for 
criticism, 
comment, 
news 
reporting, 
teaching 
20 
including multiple copies for 
classroom use, 
scholarship, 
research, 
and 
21 
similar purposes is not an infringement of, copyright, Decompilation, which is 
22 
understood here to be the reproduction of' the code and translation of the 
23 
forms of [the] A computer program to achieve the inter-operability of an 
24 
independently created computer program with other 
programs 
may 
also 
25 
constitute 
fair 
use 
UNDER 
THE 
CRITERIA ESTABLISHED 
BY 
26 
THIS 
SECTION, 
TO 
THE 
EXTENT 
THAT SUCH DECOMPILATION 
27 
IS 
INDISPENSABLE 
IN 
ORDER 
TO 
OBTAIN 
THE INFORMATION 
28 
NECESSARY TO ACHIEVE SUCH INTER-OPERABILITY. In determining 
29 
whether the use made of a work in any 'particular case is fair use, the factors 
30 
to be considered shall include:" 
31 
32 
SEC 8. Section 188 is hereby amended to read as follows: 
33 
34 
"SEC 188. Reprographic 
Reproduction 
by 
Libraries. 188.1 
35 
Notwithstanding the provisions of Subsection 177.6, any library or archive 
36 
whose activities are not for profit may, without the authorization of the author 
37 
of copyright owner, 
make 
a single copy of the 
work by repro graphic 
38 
reproduction: 
39 
40 
41 
xxx 
42 
188.2 Notwithstanding the above provisions, it shall not be permissible to 
43 
produce a volume of work published in several volumes or to 
44 
produce missing tomes or pages of magazines or similar works, 
45 
46 
unless the volume, tome or part of it is out of stock: Provided, That 
every library which, UNDER SECTION 191, is entitled to receive 
4 


1 
copies of a printed work, shall be entitled, when special reasons 
2 
so require, to reproduce a SINGLE REPROGRAPHIC copy of a 
3 
published work which is considered necessary for the collection 
4 
of the library but which is out of stock AND NOT REASONABLY 
5 
AVAILABLE TO IT THROUGH COMMERCIAL CHANNELS." 
6 
7 
SEC. 9. Section 190, Subsection 190.1 is hereby amended by striking 
8 
"Subsection 177.6 and in lieu thereof, 
substituting "Subsection 177.3," and by 
9 
striking "Subsection 185.2" and in lieu thereof, substituting "Subsection 184.2", to read 
10 
as follows: 
11 
, 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
°190.1.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: 
(i) 
Not more than one (1) copy at one time is 
imported by strictly individual use only; or 
(ii) 
The importation, consisting of not more than three (3) 
such copies or likenesses in anyol)e invoice, is not for 
sale but for the use only of any religious, chai'itable, or 
educational society or institution duly incorporilted or 
26 
registered, or is for the encouragement of the' fine arts, 
27 
or for any state school, college, university, or free public 
28 
library in the Philippines. 
29 ' 
30 
(b) 
When such copies forms parts of libraries and personal 
31 
baggage belonging 
to 
persons 
or 
families 
arnv1l1g 
from 
foreign 
32 
countries and are not intended for sale: Provided, That such copies do not 
33 
exceed three (3). 
34 
35 
xxx 
36 
37 
190.3. Subject to the approval of the Secretary of Finance, the Commissioner 
38 
of Customs is hereby empowered to make rules and regulations for 
39 
preventing the importation OR E,XFORTATION OF INFRINGING 
40 
ARTICLES OR of articles the importation OR EXPORT A TION of 
41 
which is prohibited under this [Section] 
ACT and under treaties 
42 
and conventions to which the Philippines may be a pari:y and for 
43 
seizing and condemning and disposing of the same in case they are 
44 
discovered after they have been imported OR BEFORE 
THEY 
ARE 
45 
EXPORTED, 
OR 
WHILE 
IN ,TRANSIT, THROUGH THE 
46 
CUSTOMS TERRITORY OF THE REPUBLIC OF THE PHILIPPINES. 
5 


1 
2 
SEC. 10. Section 191 is hereby amended by striking "Subsections 172.1, 172.2 
3 
and 172.3," and in lieu thereof, substituting "Subsections 172.l(a), (b) and (c)", 
4 
to read as follows: 
5 
6 
"SEC. 
191. 
Registration and Deposit with National Library and the 
7 
Supreme Court Library. - After the first public dissemination of performance 
8 
by authority of the copyright owner ot' a work falling under Subsections 
9 
[172.1, 172.2 and 172.31172.1 (a), (b) and (c) 
of this Act, there shall, for 
10 
the purpose of completing the record~ of the National Library and the 
11 
Supreme Court Library, within three (3) weeks, be registered and deposited 
12 
with it, by personal delivery or by registered mail, two (2) complete copies 
13 
or reproductions of the work in such fOfm as the directors of said libraries 
14 
may prescribe. A certificate of deposi~ shall be issued for which the 
15 
prescribed fee shall be collected and the copyright owner shall be exempt 
16 
from making additional deposit of the works with the National Library and 
17 
the Supreme Court Library under other laws. If, within three (3) weeks after 
18 
receipt by the copyright owner of a written demand from the directors for such 
19 
deposit, the required copies or reproductions are not delivered and the fee 
20 
is not paid, the copyright owner shall be liable to pay a fine equivalent to the 
21 
required fee per month of delay and to pay to the National Library and 
22 
the 
Supreme Court Library the amount of the retail price of the best 
23 
edition of the work. Only the above 11l;entioned classes of work shall be 
24 
accepted for deposit by the National Library and the Supreme Court Library. 
25 
(Sec. 26, P.D. No. 49a). 
26 
27 
SEC. 11. Subsection 205.2 is hereby amended to read as follows: 
28 
29 
"205.2. The provisions of Sections, 184, [and Section] 185, AND 190 
30 
shall apply mutatis mutandis to performers." 
31 
32 
SEC. 12. Section 20S is amended by amending subsection 20S.1 and adding 
33 
a new subsection 20S.4 and to read as follows: 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
"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 imy manner or form, 
TEMPORARY OR PERMANENT, the placing of these· 
reproductions in the market ~nd the right of rental or lending. 
xxx 
208.4 THE RIGHT TO AUTHORIZE THE MAKING A V AILABLE TO 
THE PUBLIC OF THEIR SOUND RECORDINGS IN SUCH 
6 


1 
2 
3 
4 
5 
6 
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. 
7 
SEC. 13. Section 210 is hereby amended to read as follows: 
8 
9 
10 
11 
12 
13 
14 
"SEC. 210. Limitation of Right. - Sections 184, [and]IS5, 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: 
15 
"SEC. 212. Limitations on Rights. - SUBJECT TO THE APPLICATION 
16 
MUTATIS MUTANDIS OF SECTION 184.2 OF THIS ACT, Sections 203, 
17 
208 and 209 shall not apply where the acts referred to in those Sections are 
18 
[related to] CARRIED OUT IN CONNECTION WITH: 
19 
20 
212.1 The use by a natural person exclusively for his own personal purposes; 
21 
212.2 Using short excerpts for reporting current events; 
22 
212.3 Use solely for the purpose of teaching or for scientific research; and 
23 
212.4 Fair use of the broadcast subject to the condition under Section 185 (See. 
24 
44, P.D. No. 49a). 
25 
, 
26 
SEC. 15. Section 216 of the same Act is hereby amended and renumbered 
27 
to read as follows: 
28 
29 
"SEC 216. INFRINGEMENT, WHAT CONSTITUTES. - [Remedies for 
30 
Infringement]. A PERSON INFRINGES A RIGHT PROTECTED UNDER 
31 
THIS ACT WHEN HE OR SHE: 
32 
33 
34 
35 
36 
(a) 
(b) 
DIRECTLY 
COMMITS 
AN 
INFRINGEMENT 
OR 
CAUSES 
AN INFRINGEMENT TO BE COMMITTED: 
BENEFITS FINANCIALLY FROM THE INFRINGING ACTIVITY 
37 
OF ANOTHER PERSON WHO COMMITS AN INFRINGEMENT 
38 
IF THE PERSON BENEFITING HAS THE RIGHT AND ABILITY TO 
39 
CONTROL THE ACTMTIES OF THE OTHER PERSON; OR 
40 
41 
(c) 
ENABLES 
OR 
INDUCES 
INFRINGEMENT 
BY 
. ANOTHER 
42 
PERSON ENABLING OR INDUCING THE INFRINGEMENT WHICH HE 
43 
HAS OR 
REASONABLY 
SHOULD 
HAVE 
KNOWLEDGE 
OF 
44 
AND MATERIALLY CONTRIBUTES TO IT. 
45 
46 
SEC. 16. Section 216.1 is hereby amended as follows: 
7 


1 
2 
3 
4 
5 
6 
"SEC. 
216.1 
REMEDIES 
FOR 
INFRINGEMENT 
Any 
person infringing a right protected under this law shall be liable: 
xxx 
7 
(b) 
TO [Pjpay to the copyright propfietor or his assigns or heirs such 
8 
actual damages, including legal costs and other expenses, as he may 
9 
have incurred due to the infringement as well as the profits the 
10 
infringer may have made due to such infringement, and in 
11 
proving profits the plaintiff shall be required to prove sales only 
12 
and the defendant shall be required to prove every element of cost 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
(f) 
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. 
34 
SEC. 17. Subsection 216.2 is hereby amended by adding a proviso at the 
35 
end of said subsection, to read as follows: 
36 
37 
"216.2 In an infringement action, the court shall also have the 
38 
power to order the seizure and impounding of any article which may serve 
39 
as evidence in the court proceedings: PROVIDED, HOWEVER, THAT: 
40 
41 
42 
43 
44 
45 
46 
(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 UNDER THE PROVISIONS 
OF 
THIS 
SECTION, 
EXCEPT FOR MONETARY 
DAMAGES, 
WITHOUT NOTICE TO 
THE· OTHER PARTY, WHEN THE 
8 


1 
2 
3 
4 
5 
COURT DEEMS IT NECESSARY TO PREVENT AN 
INFRINGEMENT OF AN INTELLECTUAL PROPERTY RIGHT, OR 
TO 
PRESERVE 
RELEVANT 
EVIDENCE 
OF ALLEGED 
INFRINGEMENT; 
6 
(b) 
SUCH RELIEF MAY INCLUDE, BDT IS NOT LIMITED TO, 
7 
. SEIZURE OR IMPOUNDMENT OF INFRINGING COPIES OF 
8 
9 
10 
11 
12 
EQUIPMENT WHICH 
CAN 
BE 
USED 
TO MAKE 
INFRINGING COPIES 
OF BUSINESS RECORDS, 
AND OF 
DOCUMENTARY EVIDENCE IN ANY FORM, INCLUDING 
ELECTRONIC FORM; 
13 
(C) 
THE COURT MAY ORDER PROVISIONAL MEASURES 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(d) 
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 
BEliNG 
DESTROYED 
OR 
WHEN 
THE 
COURT OTHERWISE DEEMS 
IT APPROPRIATE; 
THE 
COURT 
MAY 
CONDITION 
THE 
A V AILABILITY 
OF PROVISIONAL 
MEASURES 
UNDER 
THIS 
SECTION 
UPON SUFFICIENT SHOWING, 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; 
29 
(e) 
UPON REQUEST BY THE OTHER PARTY, 
THE 
30 
31 
32 
33 
34 
35 
36 
37 
38 
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 
39 
(f) 
THE FOREGOING SHALL NOT· PRECLUDE AN INDEPENDENT 
40 
SUIT FOR RELIEF 
BY 
THE INJURED PARTY 
BY WAY OF 
41 
42 
DAMAGES, INJUNCTION, ACCOUNTS, OR OTHERWISE. 
43 
SEC. 18. Subsections 217.3 (b) and (c) are hereby amended to read ais follows: 
44 
9 


1 
"SEC. 217.3 Any person who, a.t the time when copyright subsists 
2 
in a work, has in his possession an article which he knows, or ought to 
3 
know, to be infringing copy of the work for the purpose of: 
• 
4 
xxx 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
(b) 
(c) 
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 
[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.O. No. 490). 
15 
SEC. 19. Subsection 218.1(c) is hereby amended to read as follows: 
16 
17 
"SEC. 218. 
Affidavit Evidence -' 218.1. In an action under this 
18 
Chapter, an affidavit made before a notary public by or on behalf of the 
19 
owner of the copyright in any work or oth~r subject matter and stating that: 
20 
21 
22 
23 
xxx 
(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] ~nder this Chapter and shall be 
24 
prima facie proof of the matters therein stated until the 
25 
contrary is proved, and the court before which such affidavit 
26 
is produced shall assume that the affidavit was made by or 
27 
on behalf of the owner of the copyright." 
28 
29 
SEC. 20. There shall be two new sections to be added at the end of Section 220.2 
30 
to be known as Section 220A and 220B, to read as follows: 
31 
32 
"SEC 220A. DISCLOSURE OF INFORMA:,rION 
33 
34 
220A.l.WHERE AN ARTICLE OR ITS PACKAGING OR AN 
35 
IMPLEMENT FOR MAKING IT IS SEIZED OR DETAINED 
36 
UNDER THIS ACT, OR IS REASONABLY SUSPECTED BY AN 
37 
AUTHORIZED OFFICER TO BE IN VIOLATION OF THIS ACT, 
38 
THE AUTHORIZED OFFICER SHAT,.L, WHENEVER 
39 
REASONABLY PRACTICABLE, NOTIFY THE OWNER OF Hm 
40 
COPYRIGHT IN QUESTION OR HIS AUTHORIZED AGENT OF 
41 
THE SEIZURE OR DETENTION, AS-THE CASE MAY BE. 
42 
43 
220A.2.1N THE ABOVE-MENTIONED CIRCUMSTANCES, AN AUTHORIZED 
44 
OFFICER MAY DISCLOSE TO THE OWNER OF THE COPYRIGHT OR 
45 
TO HIS AUTHORIZED AGENT THE FOLLOWING: 
46 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
(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 OFHCER 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 
DET AINED 
WHICH 
AN AUTHORIZED OFFICER DEEMS FIT TO DISCLOSE. 
22 
220A.3. THE OWNER OF THE COPYRIGHT OR HIS AUTHORIZED 
23 
AGENT SEEKING DISCLOSURE OF ANY INFORMATION OR 
24 
DOCUMENT THA T IS NOT REFERRED TO IN THE PREVIOUS 
25 
PARAGRAPH OR THAT IS NOT DISCLOSED BY THE 
26 
AUTHORIZED OFFICER MAY APPLY TO THE COURT FOR 
Z7 
AN ORDER REQUIRING THE AUTHORIZED O],;'FICER TO 
28 
DISCLOSE SUCH INFORMATION OR DOCUMENT AND THE 
29 
COURT MAY ON SUCH AN APPLICATION MAKE SUCH ORDER 
30 
FOR DISCLOSURE AS IT THINKS FIT. 
31 
32 
SEC 
220B 
ACCEPTANCE OF PROPORTIONAL EXAMINATION 
33 
OF ARTICLES SEIZED. 
34 
35 
220B.l.WHEREPACKAGES,RECEPT ACLESORCONT AINERS 
36 
CONTAINING 
COPIESOR 
IMPLEMENTSSUSPECTED 
OF 
37 
38 
39 
40 
41 
42 
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. 
43 
220B.2'wHERE PROCEDURES WERE CARRIED OUT IN 
44 
45 
ACCORDANCE WITH 
THE 
PREVIOUS 
PARAGRAPH, 
THE 
COURT 
SHALL PRESUME THAT THE REMAINING COPIES 
11 


1 
2 
3 
CONTAINED IN THE PACKAGE OR RECEPTACLE ARE OF 
THE SAME NATURE ASTHOSE COPIES EXAMINED." 
4 
SEC. 21. 
Chapter XVIII is hereby amended by adding a new Section at 
5 
the end thereof to be known as Section 224A. to read as follows: 
6 
7 
8 
, 
"SECTION 224A, PROTECTION OF EXISTING SUBJECT MATTER: 
9 
(224All.) 
THE PROTECTION PROVIDED UNDER PART IV OF THIS 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
(224A.2.) 
ACT SHALL ALSO APPLY TO WORKS, SOUND 
RECORDINGS AND PERFORMANCES 
FIXED 
IN 
SOUNDRECORDINGS IN ExlsTENCE UPON THE 
EFFECTIVITY OF THIS ACT, 
AND 
WHICHARETHESUBJECTOF.INTERN A TIONAL 
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. 
COPIESOFWORKS,SOUNDRECORDINGSAND 
PERFORMANCES FIXED IN SOUND RECORDINGS THAT 
ARE NEWLY 
PROTECTED, SOLELY 
AS 
A 
RESULT 
OF 
THE APPLICATION OF THIS SECTION WHICH ARE 
IN EXISTENCE UPON THE' EFFECTIVITY OF THIS ACT , 
MAYBE SOLD OR OTHERWISE DISPOSED OF BY THE 
OWNER OF SUCH COpy UNTIL THE EXPIRATION OF 
THREE (3) MONTHS FROM THE DATE OF EFFE<;TIVITY OF 
THIS ACT. 
34 
(224A.3.) NO OTHER EXERCISE OF EXCLUSIVE RIGHTS UNDER 
35 
THIS ACT WITH RESPECT TO SUCH WORK, SOUND 
36 
RECORDING, OR PERFORMANCE FIXED IN A SOUND 
37 
RECORDING SHALL BE PERMITTED WITHOUT THE 
38 
CONSENT OF THE AUTHOR OR OTHER RIGHTHOLDER OF 
39 
SAID WORK, SOUND RECORDING, OR PERFORMANCE 
40 
FIXED IN A SOUND RECORDING." 
41 
42 
SEC. 22. Part IV is hereby amended by adding a new Chapter at the end 
43 
thereof to be known as Chapter XXI, to read as fcJllows: 
44 
45 
"CHAPTER XXI. TECHNOLOGICAL PROTECTION MEASURES AND 
46 
RIGHTS MANAGEMENT INFORMATION 
12 


1 
2 
3 
SECTION 229A 
TECHNOLOGICAL PROTECTION MEASURES 
4 
229A.1. ANY PERSON WHO DOES EITHER OF THE FOLLOWING 
5 
SHALL BE GUILTY OF A CRIME, PUNISHABLE TO THE SAME 
6 
EXTENT AS PROVIDED IN SECTION 217.1 (B) OF THIS ACT FOR 
7 
THE FIRST OFFENSE, AND TO THE SAME EXTENT AS 
8 
PROVIDED IN SECTION 217.1(C) FOR THE SECOND OR 
9 
SUBSEQUENT OFFENSE, AND SHALL ALSO BE LIABLE UPON 
10 
THE SUIT OF ANY INJURED PART)" TO A RELIEF, INCLUDING 
11 
BUT NOT LIMITED TO, DAMAGES, INJUNCTION, 
12 
IMPOUNDMENT, AND DESTRUCTION. THE REMEDIES 
13 
PROVIDED IN SECTION 216 SHALL APPLY, MUTATIS 
14 
MUTANDIS, TO VIOLATIONS OF THIS SECTION: 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
(a) 
KNOWINGLY, OR HAVING REASONABLE GROUNDS TO 
KNOW, CIRCUMVENTS 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 (JERVICES: 
(i) 
(ii) 
, 
THAT ARE PROMOTED, ADVERTISED OR MARKETED 
FOR THE PURPOSE OF CIRCUMVENTION OF ANY 
EFFECTIVE TECHNOLOGICAL MEASURE; OR ' 
THAT HA VE ONLY A LIMITED COMMERCIALLY 
• 
SIGNIFICANT PURPOSE OR USE OTHER THAN TO 
CIRCUMVENT ANY EFFECTIVE TECHNOLOGICAL 
MEASURE; OR 
(iii) 
THAT ARE PRIMARILY DESIGNED, PRODUCED, 
, 
35 
ADAPTED OR PERFORMEDFOR THE PURPOSE OF 
36 
ENABLING OR 
FACILITATING 
THE 
37 
CIRCUMVENTION OF 
ANY EFFECTIVE 
38 
TECHNOLOGICAL MEASURE. 
39 
40 
229A.2.THIS SECTION PROHIBITS CIRCUMVENTION OF 
41 
TECHNOLOGICAL MEASURES, 
AND DOES NOT REQUIRE 
42 
AN AFFIRM A TIVE RESPONSE TO' SUCH MEASURES. THIS 
43 
SECTION DOES NOT REQUIRE THAT THE DESIGN OF, OR THE 
44 
DESIGN AND SELECTION OF PARTS AND COMPONENTS FOR 
45 
A CONSUMER ELECTRONICS, TELECOMMUNICATIONS OR 
46 
COMPUTING PRODUCT PROVIDE' FOR A RESPONSE TO ANY 
13 


1 
2 
3 
4 
PARTICULAR TECHNOLOGICAL . MEASURE. THIS 
P ARAGRAPHDOES NOT PROVIDE A DEFENSE TO A 
CLAIM OF VIOLATION OF PARAGRAPH (1) (B). 
5 
229A.3.A VIOLATION OF THIS SECTION IS INDEPENDENT OF ANY 
6 
INFRINGEMENT THAT MIGHT OCCUR UNDER THIS ACT. 
7 
8 
SECTION 229B INTEGRITY OF RIGHTS MANAGEMENT INFORMATION 
9 
10 
ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL 
11 
BE GUILTY 
OF 
A CRIME, 
PUNISHABLE TO THE SAME EXTENT 
12 
AS PROVIDED 
IN 
SECTION 
217.1 
OF 
THIS 
ACT, 
AND 
SHALL 
, 
13 
ALSO 
BE LIABLE UPON THE SUIT OF ANY INJURED PARTY, TO 
14 
RELIEF BY WAY OF 
DAMAGES, 
INJUNCTION, 
IMPOUNDMENT, 
15 
DESTRUCTION 
OR OTHERWISE, AND THE REMEDIES PROVIDED IN 
16 
SECTION 216 SHALL APPLY, MUTATIS MUTANDIS, TO VIOLATIONS OF 
17 
THIS SECTION 
18 
19 
(a) 
KNOWINGLY 
AND WITHOUT AUTHORITY 
REMOVES 
20 
OR ALTERS ANY ELECTRONIC RIGHTS MANAGEMENT 
21 
22 
23 
24 
25 
26 
27 
28 
29 
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 
~OPIES OF 
WORKS, 
SOUND 
RECORDINGS, OR FIXATIONS OF PERFORM-ANCES FROM WHICH 
ELECTRONIC RIGHTS MANAGEMENT INFORMATION HAS BEEN 
REMOVED; OR 
30 
(b) 
ALTERS ELECTRONIC RIGHTS MANAGEMENT INFORMATION 
31 
WITHOUT AUTHORITY, KNOWING OR (WITH RESPECT TO CIVIL 
32 
REMEDIES) HAVING REASONABLp GROUNDS TO KNOW THAT 
33 
SUCH ACTIVITY WILL ENABLE OR FACILITATE AN INFRINGEMENT 
34 
OF ANY RIGHT PROTECTED UNDER THIS LAW." 
35 
36 
SEC 23. All laws, decrees, executive orders, issuances or regulations 
37 
inconsistent with the provisions 
of this 
Act are hereby revised 
or amended 
38 
accordingly. 
39 
40 
SEC 24. If any part of this law is declared unconstitutional or invalid, such 
41 
parts or provisions thereof not so declared shall .. remain valid and subsisting. 
42 
43 
SEC 25. This Act shall take effect fifteen (15) days from publication in two 
44 
(2) newspapers of general circulation in the country. 
45 
46 
Approved, 
14