FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
COMMITTEE REPORT NO. "---
38 
'11 
MAY2S A 9 :30 
Submitted by the Committee on Trade and Commerce joint with the Committees on 
Constitutional 
Amendment~, Revision of Codes and Laws; Justice and Human Rights; 
Finance; and Science and Technology on 
MAY 2 5 20n 
. 
Re: Senate Bill No. 
2842 , prepared by the Committees 
Recommending its approval in substitution of Senate Bill Nos. 301, 707, 962,1818,2431, 
2487,2553 and 2628 taking into consideration P.S. Resolution Nos. 244 and 365. 
Sponsor: Senator Villar 
Mr. President: 
The joint Committees on Trade and Commerce; Constitutional Amendments, Revision 
of Codes and Laws; Justice and Human Rights; Finance; and Science and Technology, to 
which were referred Senate Bill No. 301, introduced by Senator Trillanes IV, entitled: 
"AN ACT 
GRANTING EXEMPTIONS FROM SECURING PERMISSION FROM 
THE 
PUBLISHER 
OR 
COPYRIGHT 
OWNER 
OF 
PRINTED 
MATERIALS TO REPRODUCE THE SAME IN A SPECIALIZED 
FORMAT FOR THE EXCLUSIVE USE OF BLIND OR VISUALLY-
HANDICAPPED INDIVIDUALS, AMENDING FOR THIS PURPOSE 
SECTION 185 OF REPUBLIC ACT NO. 8293, OTHERWISE KNOWN AS 
THE 'INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES', 
AND FOR OTHER PURPOSES" 
Senate Bill No. 707, introduced by Senator Estrada, entitled: 
"AN ACT 
DECLARING 
AS 
UNLAWFUL 
THE 
REPRODUCTION 
OF 
COPYRIGHTED BOOKS AND PRINTED MATERIALS THROUGH 
PHOTOCOPYING, 
DUPLICATING, 
PRINTING 
MACHINES 
OR 
SIMILAR MEANS WITHOUT THE WRITTEN CONSENT OF THE 
COPYRIGHT OWNER, WHETHER THE PUBLISHER OR THE 
AUTHOR OR BOTH" 


Senate Bill No. 962, introduced by Senator Lapid, entitled: 
"AN ACT 
STRENGTHENING THE ENFORCEMENT OF THE COPYRIGHT 
PROTECTION OF INTELLECTUAL PROPERTY RIGHT OWNERS 
OF COMPUTER PROGRAMS CREATING FOR THIS PURPOSE THE 
BUSINESS SOFTWARE COPYRIGHT PIRACY ENFORCEMENT 
UNIT, 
DEFINING 
ITS 
POWERS 
AND 
FUNCTIONS, 
APPROPRIATING 
FUNDS 
THEREFOR, 
AND 
FOR 
OTHER 
PURPOSES" 
Senate Bill No. 1818, introduced by Senator Santiago, entitled: 
"AN ACT 
CREATING 
THE 
INTELLECTUAL 
PROPERTY 
ASSET 
MANAGEMENT COUNCIL" 
Senate Bill No. 2431, introduced by Senator Angara, entitled: 
"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" 
Senate Bill No. 2487, introduced by Senator Villar, entitled: 
"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" 
Senate Bill No. 2553, introduced by Senator Villar, entitled: 
"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" 


and Senate Bill No. 2628, introduced by Senator Legarda, entitled: 
"AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293, 
OTHERWISE KNOWN AS THE 'INTELLECTUAL PROPERTY CODE 
OF THE PHILIPPINES' AND FOR OTHER PURPOSES" 
and taking into consideration P.S. Resolution No. 244, introduced by Senator Villar, 
entitled: 
"RESOLUTION 
DIRECTING 
THE 
SENATE 
COMMITTEE 
ON 
TRADE 
AND 
COMMERCE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, 
ON THE SYSTEM OF PATENT PROCESSING IN THE PHILIPPINES 
FOR 
THE 
PURPOSE 
OF 
ENCOURAGING 
MORE 
PATENT 
APPLICATIONS 
AND 
PROTECTING 
GENUINE 
FILIPINO 
INNOVATIONS" 
and P.S. Resolution No. 365, introduced by Senator Villar, entitled: 
"RESOLUTION 
URGING THE SENATE COMMITTEE ON TRADE AND COMMERCE 
AND OTHER APPROPRIATE COMMITTEE/S TO CONDUCT AN 
INQUIRY, IN AID OF LEGISLATION, ON THE IMPLEMENTATION OF 
THE INTELLECTUAL PROPERTY RIGHTS CODE VIS-A-VIS THE 
ALLEGED 
HELPLESSNESS 
OF 
CONCERNED 
GOVERNMENT 
AGENCIES TO CURB SOFTWARE PIRACY" 
have considered the same and have the honor to WRrt them back to the Senate with the 
recommendation that the attached bill, S.B. No. 
~ 0 '1 ~ ,prepared by the Committees, 
entitled: 
"AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293, 
OTHERWISE KNOWN AS "THE INTELLECTUAL PROPERTY 
CODE OF THE PHILIPPINES", AND FOR OTHER PURPOSES" 
be approved in substitution of Senate Bill Nos. 301,707,962, 1818,2431,2487,2553 and 
2628 taking into consideration P.S. Resolution Nos. 244 and 365 with Senators TriIlanes IV, 
Estrada, Lapid, Santiago, Angara, Villar and Legarda as authors thereof. 


Respectfully submitted: 
t,.,;,,- ~ ... ~. 
~ J:...OJ-!. . 
MIRIAM DE~SOR:?;ANTlAGO 
Chairperson, Committee on Constitutional 
Amendments, Revision of Codes and Laws 
~~'!,iure 
on Trud, Md 
Commerce 
FRANC~.ESCUDERO 
Chairperson, Committee on Justice and 
Human Rights 
E~DO!.~ 
Chairperson, Committee on Science and Technology 
Vice-Chairperson, Committee on Constitutional Amendments, Revision of Codes and Laws 
MANUEL "Lito" M. LAPID 
Vice-Chairpersons: 
/-
AN MIGUEL F. ZUBIRI 
Vice-Chairperson, Committee on Science and 
Technology 
Members: 
"}JcmgIJon:g" MARCOS 


o 
,,¥,~ILINAN 
Ex-Officio Members: " 2 
(I,,~ ~ VA; '_ 
~CENTE c. SpTTO III 
Majority Floor Dxrd& 
ALAN PE 
"Compaiiero" S. CAYETANO 
HON. JUAN PONCE ENRILE 
Senate President 
Senate ofthe Philippines 
Pasay City 
Minority Floor Leader 


FIFTEENTH (1STII) CONGRESS 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 
2842 
'11 
MAY 2S 
119 :30 
(In Substitution or Senate Bill Nos. 301, 707, 962,1818,2431,2487,2553 and 2628 
taking into consideration P.S. Resolution Nos. 244 and 365) 
Prepared by the Joint Committees on Trade and Commerce; Constitutional Amendments, 
Revision of Codes and Laws; Justice and Human Rights; Finance; and Science and 
Technology with Senators Trillanes IV, Estrada, Lapid, Santiago, Angara, Villar and 
Legarda as authors thereof 
"AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 
8293, 
OTHERWISE 
KNOWN 
AS 
"THE 
INTELLECTUAL 
PROPERTY CODE OF THE PHILIPPINES", AND FOR OTHER 
PURPOSES" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Section 6 of Republic Act No. 8293, otherwise known as the Intellectual 
2 
Property Code of the Philippines, is hereby amended to read as follows: 
3 
4 
"Sec. 6. The Organizational Structure of the IPO.- x x x 
5 
6 
6.2 The Office shall be divided into [six (6)] SEVEN (7) Bureaus, each of which 
7 
shall be headed by a Director and assisted by an Assistant Director. These Bureaus 
8 
are: 
9 
x x x 
10 
11 
(1) The Administrative, Financial and Personnel Services Bureau; AND, 
12 
13 
(G) THE BUREAU OF COPYRIGHT." 
14 
1 


SEC. 2. 
Section 7 of RA No. 8293 is hereby amended to read as follows: 
2 
3 
"Sec. 7 The Director General and Deputies Director General. -
4 
5 
x 
x 
x 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
(b) 
Exercise exclusive appellate jurisdiction over all decisions rendered by the 
Director of Legal Affairs, the Director of Patents, the Director 0 f 
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, the 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 the Documentation, Information and Technology 
Transfer Bureau AND THE DIRECTOR OF COPYRIGHT shall be 
appealable to the Secretary of Trade and Industry; 
19 
C) UNDERTAKE ENFORCEMENT FUNCTIONS SUPPORTED BY 
20 
21 
22 
23 
24 
CONCERNED 
AGENCIES 
SUCH 
AS 
THE 
PHILIPPINE 
NATIONAL POLICE, NATIONAL BUREAU OF INVESTIGATION, 
BUREAU OF CUSTOMS, OPTICAL MEDIA BOARD, LOCAL 
GOVERNMENT UNITS, AMONG OTHERS; 
25 
D) CONDUCT 
VISITS 
DURING 
REASONABLE 
HOURS 
TO 
26 
27 
28 
29 
30 
31 
ESTABLISHMENTS 
AND 
BUSINESSES 
ENGAGING 
IN 
ACTIVITIES VIOLATING INTELLECTUAL PROPERTY RIGHTS 
AND PROVISIONS OF THIS ACT BASED ON REPORT, 
INFORMATION OR COMPLAINT RECEIVED BY THE OFFICE; 
AND, 
32 
E) 
SUCH 
OTHER 
FUNCTIONS 
IN 
FURTHERANCE 
OF 
33 
34 
PROTECTING IP RIGHTS AND OBJECTIVES OF THIS ACT. " 
35 
SEC. 3. A new Section 9A is hereby inserted after Section 9 ofR.A. No. 8293, to read as 
36 
follows: 
37 
2 


1 
"Sec. 9A. THE BUREAU OF COPYRIGHT. - THE BUREAU OF COPYRIGHT 
2 
SHALL HAVE THE FOLLOWING FUNCTIONS: 
3 
4 
9A.1. EXERCISE ORIGINAL JURISDICTION TO RESOLVE DISPUTES 
5 
RELATING TO THE TERMS OF A LICENSE INVOLVING THE 
6 
AUTHOR'S RIGHT TO PUBLIC PERFORMANCE OR OTHER 
7 
COMMUNICATION OF HIS WORK. 
8 
9 
9A.2. ACCEPT, REVIEW AND DECIDE ON APPLICATIONS FOR THE 
10 
ACCREDITATION 
OF 
COLLECTIVE 
MANAGEMENT 
11 
ORGANIZATIONS OR SIMILAR ENTITIES; 
12 
13 
9A.3. CONDUCT STUDIES AND RESEARCHES IN THE FIELD OF 
14 
COPYRIGHT AND RELATED RIGHTS; AND; 
15 
16 
17 
18 
9A.4 PROVIDE OTHER COPYRIGHT AND RELATED RIGHTS 
SERVICE AND CHARGE REASONABLE FEES THEREFOR." 
19 
SEC. 4. Section 171.3 ofR.A. No. 8293 is hereby amended to read as follows: 
20 
21 
"Sec. 171. Definitions. -
x 
x 
x 
22 
23 
171.3 
"Communication to the public" or "communicate to the public" means 
24 
ANY 
COMMUNICATION 
TO 
THE 
PUBLIC, 
INCLUDING 
25 
BROADCASTING, REBROADCASTING, RETRANSMITTING BY CABLE, 
26 
BROADCASTING 
AND 
RETRANSMITTING 
BY 
SATELLITE, 
AND 
27 
INCLUDES the making of a work available to the public by wire or wireless means 
28 
in such a way that members of the public may access these works from a place and 
29 
time individually chosen by them;" 
30 
31 
SEC.S. Section 171.9 ofR.A. No. 8293 is hereby amended to read as follows: 
32 
33 
"171. 9 
"Reproduction" is the making of one (1) or more copies, TEMPORARY 
34 
OR PERMANENT, IN WHOLE OR IN PART, of a work or a sound recording in 
35 
any manner or form WITHOUT PREJUDICE TO THE PROVISIONS OF 
36 
SECTION 185 OF THIS ACT (SecA1[E], P.D. No. 49a);" 
37 
38 
SEC. 6. There shall be two new subsections to be added at the end of Sec. 171.11, to be 
3 


1 
known as 171.12 and 171.13, both to read as follows: 
2 
3 
"171.12 
"TECHNOLOGICAL 
MEASURE" 
MEANS 
ANY 
4 
TECHNOLOGY, DEVICE OR COMPONENT THAT, IN THE NORMAL 
5 
COURSE OF ITS OPERATION, RESTRICTS ACTS IN RESPECT OF A 
6 
WORK, PERFORMANCE OR SOUND RECORDING, WHICH ARE NOT 
7 
AUTHORIZED BY THE AUTHORS, PERFORMERS OR PRODUCERS OF 
8 
SOUND RECORDINGS CONCERNED OR PERMITTED BY LAW. 
9 
10 
171.13 
"RIGHTS 
MANAGEMENT 
INFORMATION" 
MEANS 
11 
INFORMATION WHICH IDENTIFIES THE WORK, SOUND RECORDING 
12 
OR PERFORMANCE; THE AUTHOR OF THE WORK, PRODUCER OF 
13 
THE SOUND RECORDING OR PERFORMER OF THE PERFORMANCE; 
14 
THE OWNER OF ANY RIGHT IN THE WORK, SOUND RECORDING OR 
15 
PERFORMANCE; 
OR INFORMATION ABOUT THE TERMS 
AND 
16 
CONDITIONS OF THE USE OF THE WORK, SOUND RECORDING OR 
17 
PERFORMANCE; AND ANY NUMBERS OR CODES THAT REPRESENT 
18 
SUCH INFORMATION, WHEN ANY OF THESE ITEMS IS ATTACHED TO 
19 
A COpy OF THE WORK, SOUND RECORDING OR FIXATION OF 
20 
PERFORMANCE 
OR 
APPEARS 
IN 
CONJUNCTION 
WITH 
THE 
21 
COMMUNICATION TO THE PUBLIC OF A WORK, SOUND RECORDING 
22 
OR PERFORMANCE." 
23 
24 
SEC. 7. The Chapter Title of Chapter VII, Part IV, the Law on Copyright, is hereby 
25 
amended as follows: 
26 
Chapter VII 
27 
"Transfer [or], Assignment AND LICENSING of Copyright" 
28 
29 
SEC. 8. Section ISO ofR.A. No. S293 is hereby amended to read as follows: 
30 
31 
"Sec. 180. Rights of Assignee OR LICENSEE. - IS0.1. The copyright may be 
32 
assigned OR LICENSED in whole or in part. Within the scope of the assignment OR 
33 
LICENSE, the assignee OR LICENSEE is entitled to all the rights and remedies 
34 
which the assignor OR LICENSOR had with respect to the copyright. 
35 
36 
180.2 
The copyright is not deemed assigned OR LICENSED inter vivos, in 
37 
whole or in part, unless there is a written indication of such intention. 
38 
x 
x x 
4 


1 
180.4 
ANY EXCLUSIVITY IN THE ECONOMIC RIGHTS IN A WORK 
2 
MAY BE EXCLUSIVELY LICENSED. WITHIN THE SCOPE OF THE 
3 
EXCLUSIVE LICENSE, THE LICENSEE IS ENTITLED TO ALL THE 
4 
RIGHTS AND REMEDIES WHICH THE LICENSOR HAD WITH RESPECT 
5 
TO THE COPYRIGHT. 
6 
7 
180.5 
THE COPYRIGHT OWNER HAS THE RIGHT TO REGULAR 
8 
STATEMENTS OF ACCOUNTS 
FROM THE 
ASSIGNEE 
OR 
THE 
9 
LICENSEE WITH REGARD TO ASSIGNED OR LICENSED WORK." 
10 
11 
SEC. 9. Section 181 ofR.A. No. 8293 is hereby amended to read as follows: 
12 
13 
"Sec. 181. Copyright and Material Object. - The copyright is distinct from the 
14 
property in the material object subject to it. Consequently, the transfer [or], 
15 
assignment OR LICENSING of the copyright shall not itself constitute a transfer of 
16 
the material object. Nor shall a transfer or assignment of the sole copy or of one or 
17 
several copies of the work imply transfer [or], assignment OR LICENSING of the 
18 
copyright. (Sec. 16, P.D. No. 49)" 
19 
20 
SEC. 10. Section 183 ofR.A. No. 8293 is hereby amended to read as follows: 
21 
22 
"Sec. 183. Designation of Society. - The [copyright] owners OF COPYRIGHT 
23 
AND RELATED RIGHTS or their heirs may designate a society of artists, writers, 
24 
[or] composers AND OTHER RIGHT-HOLDERS to [enforce] COLLECTIVELY 
25 
MANAGE their economic or moral rights on their behalf. FOR THE SAID 
26 
SOCIETIES TO ENFORCE THE RIGHTS OF THEIR MEMBERS, THEY 
27 
SHALL FIRST SECURE THE NECESSARY ACCREDITATION FROM THE 
28 
INTELLECTUAL PROPERTY OFFICE. (Sec. 32, P.D. No. 49a)" 
29 
30 
SEC. 11. Section \84.1 ofR.A. No. 8293 is hereby amended to read as follows: 
31 
32 
"Section. 184. Limitations on Copyright. - x x x 
33 
34 
(I) THE REPRODUCTION OR DISTRIBUTION OF PUBLISHED ARTICLES 
35 
OR MATERIALS IN A SPECIALIZED FORMAT EXCLUSIVELY FOR THE 
36 
USE OF THE BLIND, VISUALLY- AND READING-IMPAIRED PERSONS: 
37 
PROVIDED, THAT SUCH COPIES AND DISTRIBUTION SHALL BE MADE 
5 


2 
3 
4 
5 
ON A NON-PROFIT BASIS AND SHALL INDICATE THE COPYRIGHT 
OWNER AND THE DATE OF Ti ORIGINAL PUBLICATION." 
SEC. 12. Section 185.1 ofR.A. No. 8293 is hereby amended to read as follows: 
6 
"Sec. 185. Fair Use of a Copyrighted Work. -185.1 The fair use of a copyrighted 
7 
work for criticism, comment, news reporting, teaching including [multiple] 
8 
LIMITED NUMBER OF copies for classroom use, scholarship, research, and 
9 
similar purposes is not an infringement of copyright. Decompilation, which is 
10 
understood here to be the reproduction of the code and translation of the forms of 
11 
[the] A computer program to achieve the inter-operability of an independently created 
12 
computer program with other programs may also constitute fair use UNDER THE 
13 
CRITERIA ESTABLISHED BY THIS SECTION, TO THE EXTENT THAT 
14 
SUCH DECOMPILATION IS DONE FOR THE PURPOSE OF OBTAINING 
15 
THE 
INFORMATION 
NECESSARY 
TO 
ACHIEVE 
SUCH 
INTER-
16 
OPERABILITY. 
17 
18 
x 
x 
x 
19 
SEC. 13. Section 188.1 ofR.A. No. 8293 is hereby amended to read as follows: 
20 
21 
"Sec. 188. Reprographic Reproduction by Libraries. - 188.1 Notwithstanding the 
22 
provisions of Subsection [177.6]177.1, any library or archive whose activities are not 
23 
for profit may, without the authorization of the author [of] OR copyright owner, make 
24 
a [single copy] LIMITED NUMBER OF COPIES of the work, AS MAY BE 
2S 
NECESSARY FOR SUCH INSTITUTIONS TO FULFILL THEIR MANDATE, 
26 
by repro graphic reproduction: 
27 
x 
x 
x 
28 
(c) Where the making of such [ a copy] LIMITED COPIES is in order to preserve and, if 
29 
necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, 
30 
or to replace, in the permanent collection of another similar library or archive, a copy 
31 
which has been lost, destroyed or rendered unusable and copies are not available with 
32 
the publisher." 
33 
34 
SEC. 14. Sections 190.1 and 190.2 ofR.A. 8293 are deleted in their entirety. 
35 
36 
SEC. 15. Section 190.3 of R.A. No. 8293 is hereby renumbered and amended as the sole 
37 
provision under Section 190 to read as follows: 
38 
6 


1 
"SEC. [190.3] 190. [Importation for Personal Purposes] IMPORTATION AND 
2 
EXPORTATION OF INFRINGING MATERIALS - SUbject to the approval of 
3 
the Secretary of Finance, the Commissioner of Customs is hereby empowered to 
4 
make rules and regulations for preventing the importation OR EXPORTATION of 
5 
articles the importation OR EXPORT A TION of which is prohibited under this 
6 
[Section] ACT and under treaties and conventions to which the Philippines may be a 
7 
party and for seizing and condemning and disposing of the same in case they are 
8 
discovered after they have been imported OR BEFORE THEY ARE EXPORTED. 
9 
(Sec. 30, P.D. No. 49)" 
10 
11 
SEC. 16. Section 191 ofR.A. No. 8293 is hereby amended to read as follows: 
12 
13 
"Sec. 191. [Registration and] DEPOSIT AND NOTICE OF DEPOSIT with THE 
14 
National Library and the Supreme Court Library. - WITHIN THREE (3) WEEKS 
15 
[A] after the first public dissemination [ofj OR performance by authority of the 
16 
copyright owner of a work falling under Subsections [172.1, 172.2 and 172.3] 172.1 
17 
(A), 172.1 (B), 172.1 (C) AND 173.1 of this Act, there shall, for the purpose of 
18 
completing the records of the National Library and the Supreme Court Library, 
19 
[within three (3) weeks,] be registered and deposited with it by personal delivery or 
20 
by registered mail, two (2) complete copies or reproductions of the work in such form 
21 
as the directors of said libraries may prescribe IN ACCORDANCE WITH 
22 
REGULATIONS: PROVIDED, THAT ONLY WORKS IN THE FIELD OF 
23 
LAW SHALL BE DEPOSITED WITH THE SUPREME COURT LIBRARY." 
24 
25 
SEC. 17. Section 198 ofR.A. No. 8293 is hereby amended to read as follows: 
26 
27 
"Sec. 198. Term of Moral Rights. - 198.1. The right[ s] of an author under [this 
28 
chapter] SECTION 193.1 shaH last during the lifetime of the author and [for fifty 
29 
(50) years] IN PERPETUITY after his death [and shaH not be assignable or subject 
30 
to license.] WHILE THE RIGHTS UNDER SECTIONS 193.2, 193.3 AND 193.4 
31 
SHALL BE COTERMINOUS WITH THE ECONOMIC RIGHTS, THE 
32 
MORAL RIGHTS SHALL NOT BE ASSIGNABLE OR SUBJECT TO 
33 
LICENSE. The person or persons to be charged with the posthumous enforcement of 
34 
these rights shall be named in [writing to] A WRITTEN INSTRUMENT WHICH 
35 
SHALL be filed with the National Library. In default of such person or persons, such 
36 
enforcement shall devolve upon either the author'S heirs, and in default of the heirs, 
37 
the Director of the National Library." 
38 
7 


1 
SEC. 18. Section 208 ofR.A. No. 8293 is hereby amended to read as follows: 
2 
3 
" Sec. 208. Scope of Right. 
x x x 
4 
5 
208.4 
THE RIGHT TO AUTHORIZE THE MAKING A V AILABLE TO 
6 
THE PUBLIC OF THEIR SOUND RECORDINGS IN SUCH A WAY THAT 
7 
MEMBERS OF THE PUBLIC MAY ACCESS THE SOUND RECORDING 
8 
FROM A PLACE AND AT A TIME INDIVIDUALLY CHOSEN OR 
9 
SELECTED BY THEM, AS WELL AS OTHER TRANSMISSIONS OF A 
10 
SOUND RECORDING WITH LIKE EFFECT." 
11 
12 
SEC. 19. Section 212 ofR.A. No. 8293 is hereby amended to read as follows: 
13 
14 
"Sec. 212. Limitations on Rights. - [Sections 203, 208 and 209 shall not apply where 
15 
the acts referred to in those Sections are related to:] THE PROVISIONS OF 
16 
CHAPTER VIII SHALL APPLY MUTATIS MUTANDIS TO THE RIGHTS OF 
17 
PERFORMERS, 
PRODUCERS 
OF 
SOUND 
RECORDINGS 
AND 
18 
BROADCASTING ORGANIZATIONS." 
19 
20 
21 
SEC. 20. Section 216 of R.A. No. 8293 is hereby amended to read as follows: 
22 
23 
"Sec. 
216. 
INFRINGEMENT. 
A 
PERSON 
INFRINGES 
A 
RIGHT 
24 
PROTECTED UNDER THIS ACT WHEN ONE: 
25 
26 
(A) 
DIRECTLY COMMITS AN INFRINGEMENT; 
27 
(B) 
BENEFITS FROM THE INFRINGING ACTIVITY OF ANOTHER 
28 
PERSON WHO COMMITS AN INFRINGEMENT IF THE PERSON 
29 
30 
31 
BENEFITING HAS BEEN GIVEN NOTICE OF THE INFRINGING 
ACTIVITY AND HAS THE RIGHT AND ABILITY TO CONTROL 
THE ACTIVITIES OF THE OTHER PERSON; OR 
32 
(C) 
PURPOSELY AND WITH THE INTENT TO ENABLE OR 
33 
34 
35 
INDUCE 
INFRINGEMENT BY ANOTHER PERSON, 
AND 
MA TERIALL Y CONTRIBUTES TO IT. 
36 
216.1 Remedies for Infringement. - Any person infringing a right protected under 
37 
this law shall be liable: 
38 
x 
x 
x 
8 


1 
(b) 
TO [Pjpay to the copyright proprietor or his assigns or heirs such actual 
2 
damages, including legal costs and other expenses, as he may have incurred 
3 
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 
5 
required to prove sales only and the defendant shall be required to prove 
6 
every element of cost which he claims, or, in lieu of actual damages and 
7 
profits, such damages which to the court shall appear to be just and shall not 
8 
be regarded as penalty: PROVIDED, THAT THE AMOUNT OF 
9 
DAMAGES TO BE AWARDED SHALL BE DOUBLED AGAINST 
10 
ANY PERSON WHO: 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(i.) 
CIRCUMVENTS 
EFFECTIVE 
TECHNOLOGICAL 
MEASURES; OR 
(ii.) 
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. 
27 
THE COPYRIGHT OWNER MAY ELECT, AT ANY TIME BEFORE 
28 
FINAL JUDGMENT IS RENDERED, TO RECOVER INSTEAD OF 
29 
ACTUAL DAMAGES AND PROFITS, AN AWARD OF STATUTORY 
30 
DAMAGES FOR ALL INFRINGEMENTS INVOLVED IN AN ACTION IN 
31 
A SUM EQUIVALENT TO THE FILING FEE OF THE INFRINGEMENT 
32 
ACTION 
BUT 
NOT 
LESS 
THAN 
FIFTY 
THOUSAND 
PESOS 
33 
(Php50,OOO.OO). IN AWARDING STATUTORY DAMAGES, THE COURT 
34 
MAY CONSIDER THE FOLLOWING FACTORS: 
35 
36 
37 
38 
(1) 
(2) 
(3) 
THE NATURE AND PURPOSE OF THE INFRINGING ACT; 
THE FLAGRANCY OF THE INFRINGEMENT; 
WHETHER THE DEFENDANT ACTED IN BAD FAITH; 
9 


(4) 
THE NEED FOR DETERRENCE; 
2 
(5) 
ANY LOSS THAT THE PLAINTIFF HAS SUFFERED OR IS 
3 
4 
LIKELY TO SUFFER BY REASON OF THE INFRINGEMENT; 
AND, 
5 
(6) 
ANY BENEFIT SHOWN TO HAVE ACCRUED TO THE 
6 
DEFENDANT BY REASON OF THE INFRINGEMENT. 
7 
8 
IN CASE THE INFRINGER WAS NOT AWARE AND HAD NO REASON 
9 
TO 
BELIEVE 
THAT 
HISIHER 
ACTS 
CONSTITUTE 
AN 
10 
INFRINGEMENT OF COPYRIGHT, THE COURT IN ITS DISCRETION 
11 
MAY REDUCE THE AWARD OF STATUTORY DAMAGES TO A SUM 
12 
OF NOT MORE THAN TEN THOUSAND PESOS (PhP 10,000.00): 
13 
PROVIDED, THAT THE AMOUNT OF DAMAGES TO BE AWARDED 
14 
SHALL BE DOUBLED AGAINST ANY PERSON WHO: 
15 
16 
(i) 
CIRCUMVENTS EFFECTIVE TECHNOLOGICAL 
MEASURES; 
17 
OR 
18 
(ii) 
HAVING REASONABLE GROUNDS TO KNOW THAT IT WILL 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
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. 
x x x 
32 
216.2 In an infringement action, the court shall also have the power to order the 
33 
seizure and impounding of any article which may serve as evidence in the 
34 
35 
36 
37 
38 
court proceedings [.J , 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) 
10 


THE FOREGOING SHALL NOT PRECLUDE AN INDEPENDENT SUIT 
2 
FOR RELIEF BY THE INJURED PARTY BY WAY OF DAMAGES, 
3 
INJUNCTION, ACCOUNTS OR OTHERWISE." 
4 
5 
SEC. 21. Section 217.2 of R.A. No. 8293 is hereby amended as follows: 
6 
7 
"217.2. In determining the nwnher of years of imprisonment and the amount of tine, 
8 
the court shall consider the value of the infringing materials that the defendant has 
9 
produced or manufactured and the damage that the copyright owner has suffered by 
10 
reason of the infringement[.]: PROVIDED, 
THAT THE RESPECTIVE 
11 
MAXIMUM PENALTY STATED IN SEC. 217.1 (A), (B) AND (C) HEREIN 
12 
FOR THE FIRST, SECOND, THIRD AND SUBSEQUENT OFFENSE, SHALL 
13 
BE IMPOSED WHEN THE INFRINGEMENT IS COMMITTED BY: 
14 
(i) 
THE CIRCUMVENTION OF EFFECTIVE TECHNOLOGICAL 
15 
MEASURES; OR 
16 
(ii) 
THE REMOVAL OR ALTERATION OF ANY ELECTRONIC 
17 
RIGHTS MANAGEMENT INFORMATION FROM A COPY OF A WORK, 
18 
SOUND RECORDING, OR FIXATION OF A PERFORMANCE, BY A 
19 
PERSON, KNOWINGLY AND WITHOUT AUTHORITY; OR 
20 
(iii) 
THE DISTRIBUTION, IMPORTATION FOR DISTRIBUTION, 
21 
BROADCAST, OR COMMUNICATION TO THE PUBLIC OF WORKS OR 
22 
COPIES OF WORKS, BY A PERSON WITHOUT AUTHORITY, KNOWING 
23 
THAT ELECTRONIC RIGHTS MANAGEMENT INFORMATION HAS 
24 
BEEN REMOVED OR ALTERED WITHOUT AUTHORITY." 
25 
26 
SEC. 22. Section 218.1 ofR.A. No. 8293 is hereby amended to read as follows: 
27 
28 
"Sec. 218. Affidavit Evidence - x x x 
29 
30 
(c) The copy of the work or other subject matter annexed thereto is a true copy 
31 
thereof I,]. 
32 
33 
THE AFFIDAVIT shall be admitted in evidence in any proceedings [for an offense] 
34 
under this Chapter and shall be prima facie proof of the matters therein stated until 
35 
(he contrary is proved, and the court before which such affidavit is produced shall 
36 
assume that the affidavit was made by or on behalf of the owner of the copyright." 
37 
38 
SEC. 23. A new Section 220A shall be inserted after Section 220.2 of R.A. No. 8293 to 
11 


read as follows: 
2 
3 
"SEC. 220A. DISCLOSURE OF INFORMATION. - WHERE ANY ARTICLE 
4 
OR ITS PACKAGING OR AN IMPLEMENT FOR MAKING IT IS SEIZED 
5 
OR DETAINED UNDER A VALID SEARCH AND SEIZURE UNDER THIS 
6 
ACT IS, OR IS REASONABLY SUSPECTED TO BE, BY AN AUTHORIZED 
7 
ENFORCEMENT OFFICER, IN VIOLATION OF THIS ACT, THE SAID 
8 
OFFICER SHALL, WHEREVER REASONABLY PRACTICABLE, NOTIFY 
9 
THE OWNER OF THE COPYRIGHT IN QUESTION OR HIS AUTHORIZED 
10 
AGENT OF THE SEIZURE OR DETENTION, AS THE CASE MAY BE. " 
11 
12 
SEC. 24. Chapter XVIII of R.A. No. 8293 is hereby amended by adding a new Section at 
13 
the end thereof to be denominated as Section 224A, to read as follows: 
14 
15 
"SEC. 224A. PROTECTION OF EXISTING SUBJECT MATTER. - THE 
16 
PROTECTION PROVIDED UNDER PART IV OF THIS ACT SHALL ALSO 
17 
APPLY TO WORKS, SOUND RECORDINGS AND PERFORMANCES 
18 
FIXED IN SOUND RECORDINGS AND BROADCASTING IN EXISTENCE 
19 
UPON THE EFFECTIVITY OF THIS ACT, AND WHICH ARE THE 
20 
SUBJECT 
OF 
INTERNATIONAL 
CONVENTIONS, 
TREATIES 
OR 
21 
AGREEMENTS TO WHICH THE PHILIPPINES IS A PARTY, PROVIDED 
22 
THAT ON SUCH DATE THE WORK, SOUND RECORDING, OR 
23 
PERFORMANCE FIXED IN A SOUND RECORDING HAS NOT YET 
24 
FALLEN INTO THE PUBLIC DOMAIN IN ITS COUNTRY OF ORIGIN OR 
25 
IN THE PHILIPPINES THROUGH THE EXPIRY OF THE TERM OF 
26 
PROTECTION WHICH WAS PREVIOUSLY GRANTED." 
27 
28 
SEC. 25. Chapter XX of R.A. No. 8293 is hereby amended by adding a new Section at 
29 
the end thereofto be denominated as Section 230, to read as follows: 
30 
31 
"SEC. 230. ADOPTION OF INTELLECTUAL PROPERTY (IP) POLICIES.-
32 
SCHOOLS 
AND 
UNIVERSITIES 
SHALL 
ADOPT 
INTELLECTUAL 
33 
PROI'ERTY POLICIES THAT WOULD GOVERN THE USE 
AND 
34 
CREATION OF INTELLECTUAL PROPERTY WITH THE PURPOSE OF 
35 
SAFEGUARDING THE INTELLECTUAL CREATIONS OF THE LEARNING 
36 
INSTITUTION AND ITS EMPLOYEES, AND ADOPTING LOCALLY-
37 
ESTABLISHED INDUSTRY PRACTICE FAIR USE GUIDELINES. THESE 
38 
POLICIES MAY BE DEVELOPED IN RELATION TO LICENSING 
12 


1 
AGREEMENTS ENTERED INTO BY THE LEARNING INSTITUTION 
2 
WITH A COLLECTIVE LICENSING ORGANIZATION." 
3 
4 
SEC. 26. Section 230 of R.A. No. 8293 is hereby renumbered as Section 231, and all 
5 
succeeding sections of the same Act are hereby renumbered accordingly. 
6 
7 
SEC. 27. Implementing Rules and Regulations. - Within one hundred eighty (180) days 
8 
fr0111 the effectivity of this Act, the Intellectual Property Office, in consultation with the 
9 
National Book Development Board, the National Library, the Supreme Court Library and 
10 
other relevant agencies, shall promulgate the rules and regulations necessary to 
11 
effectively implement the provisions of this Act. 
12 
13 
SEC. 28. Repealing Clause. -
All laws, decrees, executive orders, issuances or 
14 
regulations inconsistent with the provisions of this Act are hereby revised or amended 
15 
accordingly. 
16 
17 
SEC. 29. Separability Clause. - If any part of this law is declared unconstitutional or 
18 
invalid, such parts or provisions thereof not so declared shall remain valid and subsisting. 
19 
20 
SEC. 30. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
21 
publication in at least two (2) newspapers of general circulation. 
13