THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
S. B. NO. 
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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 19651; 3) Budapest Treaty on the 
International Recognition of the Deposit of Microorganisms for Purposes of Patent 
Procedure [since 19811; 4) Berne Convention for the Protection of Literary and 
Artistic [since 19511; 5) International Convention for the Protection of Performers, 
Producers of Phonographs and Broadcasting Organizations [since 19841; and 6) 
Agreement on Trade-Related Aspects of Intellectual Property Rights [since 19961. 
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 XIV, 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 WlPO Copyright Treaty (WCT) and WlPO 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 property 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 address two new issues: 1) the technological measures 
provisions (Article 11 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. 
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This biil 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 developmeht of intellectual property. 
For this, I urge my esteemed colleagues in the Chamber to support the 
immediate passage of the bill. 
p / F - + - - -  
ARDO J. ANGARA 
Senator 
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THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
) 
OF THE PHILIPPINES 
SENATE 
Introduced by SENATOR EDGARDO J. ANGARA 
”AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293 
ALSO KNOWN AS ”THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES” 
AND FOR OTHER PURPOSES.” 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
Section 1. 
Section 171 of R.A. 8293 is hereby amended to read as follows: 
SEC. 171. 
Definitions. - For the purpose of this Act, the following 
terms have the following meaning: 
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171.3 
171.9 
“Communication to the pub1ic”or ”communicate to the public” is 
the making of a work available to the public by wire or wireless means 
in such a way that members of the public may access the works from a 
place and at a time individually chosen by them, AND SHALL INCLUDE 
ANY COMMUNICATION TO THE PUBLIC, THROUGH BROADCASTING, 
REBROADCASTING, RETRANSMITTING BY CABLE, BROADCASTING AND 
RETRANSMllTlNG BY SATELLITE. 
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”Reproduction”is the making of one (1) or more copies, TEMPORARY 
OR PERMANENT, IN WHOLE OR IN PART, of a work or sound recording 
in any manner or form. 
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“1 71 .I 2 
“EFFECTIVE 
TECHNOLOGICAL MEASURE” 
MEANS 
ANY 
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TECHNOLOGY, DEViCE OR COMPONENT THAT, IN THE NORMAL 
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COURSE OF ITS OPERATION, CONTROLS ACCESS TO A PROTECTED 
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WORK, SOUND RECORDING, OR OTHER SUBJECT MATTER, OR 
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PROTECTS ANY COPYRIGHT OR ANY RIGHTS RELATED TO COPYRIGHT 
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AS PROVIDED BY THIS ACT. 
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“1 71 .I 3 “RIGHTS MANAGEMENT INFORMATION’” MEANS INFORMATION 
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WHICH 
IDENTIFIES 
THE 
WORK, 
SOUND 
RECORDING 
OR 
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PERFORMANCE; THE AUTHOR OF THE WORK, PRODUCER OF THE 
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SOUND RECORDING OR PERFORMER OF THE PERFORMANCE; THE 
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OWNER OF ANY RiGHT IN THE WORK, SOUND RECORDiNG OR 
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PERFORMANCE; OR 
INFORMATION ABOUT THE TERMS AND 
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CONDITIONS OF THE USE OF THE WORK, SOUND RECORDiNG OR 
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PERFORMANCE; AND ANY NUMBERS OR CODES THAT REPRESENT 
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SUCH INFORMATION, WHEN ANY OF THESE ITEMS IS ATTACHED TO A 
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COPY OF THE WORK, SOUND RECORDING OR 
FlXATiON OF 
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PERFORMANCE OR 
APPEARS 
IN 
CONNECTION 
WITH 
THE 
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COMMUNICATION TO THE PUBLIC OF A WORK, SOUND RECORDING 
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OR PERFORMANCE. NOTHING IN THIS ACT REQUIRES THE OWNER OF 
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ANY RIGHT IN THE WORK, SOUND RECORDING, OR PERFORMANCETO 
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ATACH RiGHTS MANAGEMENT INFORMATION TO COPIES OF IT OR 
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TO CAUSE RIGHTS MANAGEMENT INFORMATION TO APPEAR IN 
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CONNECTION WITH A COMMUNICATION OF THE WORK, SOUND 
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RECORDING OR PERFORMANCETOTHE PUBLIC. 
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Section 2. 
Section 177.3 is hereby amended to read as follows: 
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SEC. 177. Copyright or Economic Rights. - Subject to the provisions of 
Chapter VIII, copyright or economic rights shall consist of the exclusive right 
to carry out, authorize or prevent the following acts: 
177.3 
“THE IMPORTATION INTO THE PHILIPPINES, AND the first public 
distribution within the Philippines, of the original and each copy of 
the work, by sale or other forms of transfer of ownership. 
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Section 3. 
Section 178.5 is hereby amended by striking ”exhibition” and 
inserting ”exploitation” and to read as follows: 
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SEC. 178. 
Rules on Copyright Ownership. - Copyright ownership 
shall be governed by the following rules: 
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178.5 
In the case of audiovisual work, the copyright shall belong to the 
producer, the author of the scenario, 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. 
Section 4. 
Section 180 is hereby amended by inserting the following new 
paragraph to be known as 180.4 to read as follows: 
SEC. 180. 
Rights of Assignee. - 180.1. The copyright may be 
assigned in whole or in part. Within the scope of the assignment, the 
assignee is entitled to all the rights and remedies which the assignor had 
with respect to the copyright. 
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180.4 
”ANY EXCLUSIVE RIGHT IN A WORK MAY BE EXCLUSIVELY 
LICENSED. WITHIN THE SCOPE OF THE EXCLUSIVE LICENSE, THE 
LICENSEE IS ENTITLED TO ALL THE RIGHTS AND REMEDIES WHICH 
THE LICENSOR HAD WITH RESPECT TO THE COPYRIGHT.” 
Section 5. 
Section 183 is hereby amended to read as follows: 
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SEC. 183. 
Designation ofsociety. -The copyright owners 
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or their heirs may designate a society of artists, writers, or composers, 
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OR A SIMILAR AGENT, to enforce their economic rights or moral rights 
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on their behalf. 
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as follows: 
Section 6. 
Section 184, sub-sections (i) and (k) is hereby amended to read 
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SEC. 184. 
Limitations on Copyright. - 184.1. Notwithstanding 
the provisions of Chapter V, the following acts shall not constitute 
infringement of copyright: 
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(i) 
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. 
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(k) 
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. 
Section 7. 
Section 185.1 is hereby amended to read as follows: 
SEC. 185. 
FairUseofaCopyrightedWork. - 185.1 Thefair use of 
a copyrighted work for criticism, comment, news reporting, teaching 
including multiple copies for classroom use, scholarship, research, and 
similar purposes is not an infringement of copyright. Decompilation, which 
is understood here to be the reproduction of the code and translation of the 
forms of [the] A computer program to achieve the inter-operability of an 
independently created computer program with other programs may also 
constitute fair use UNDER THE CRITERIA ESTABLISHED BY THIS SECTION, TO 
THE EXTENT THAT SUCH DECOMPILATION IS INDISPENSABLE IN ORDER TO 
OBTAiN THE iNFORMATlON NECESSARY TO ACHIEVE SUCH INTER- 
OPERABILITY. 
particular case is fair use, the factors to be considered shall include: 
In determining whether the use made of a work in any 
Section 8. 
Section 188 is hereby amended to read as follows: 
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SEC. 188. 
Reprographic Reproduction by Libraries. - 1 88.1 
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 reprographic 
reproduction: 
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188.2 
Notwithstanding the above provisions, it shall not be permissible 
to produce a volume of work published in several volumes or to 
produce missing tomes or pages of magazines or similar works, 
unless the volume, tome or part is out of stock Provided, That 
every library which, UNDER SECTION 191, is entitled to receive 
copies of a printed work, shall be entitled, when special reasons so 
require, to reproduce a SINGLE REPROGRAPHIC copy of a 
published work which is considered necessary for the collection of 
the library but which is out of stock AND NOT REASONABLY 
AVAILABLE TO IT THROUGH COMMERCIAL CHANNELS. 
Section 9. 
Section 190, Subsection 190.1 is hereby amended by striking 
"Subsection 177.6 and in lieu thereof, substituting "Subsection 177.3," and by 
striking "Subsection 185.2" and in lieu thereof, substituting "Subsection 184.2", to 
read as follows: 
190.1. importation forPersonalPurposes- Notwithstanding the provision 
of Subsection t177.61 177.3 but subject to the limitation under the 
Subsection 1185.21 184.2 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 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 any one 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 


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encouragement of the fine arts, or for any state school, 
college, university, or free public library in the Philippines. 
(b) When such copies forms parts of libraries and personal baggage 
belonging to persons or families arriving from foreign countries 
and are not intended for sale: Provided, That such copies do not 
exceed three (3). 
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190.3. Subject to the approval of the Secretary of Finance, the Commissioner 
of Customs is hereby empowered to make rules and regulations for 
preventing the importation OR EXPORTATION OF INFRINGING 
ARTICLES OR of articles the importation OR EXPORTATION of which is 
prohibited under this [Section] ACT and under treaties and 
conventions to which the Philippines may be a party and for seizing 
and condemning and disposing of the same in case they are 
discovered after they have been imported OR BEFORE THEY ARE 
EXPORTED, OR WHILE IN TRANSIT, THROUGH THE CUSTOMS 
TERRITORY OF THE REPUBLIC OF THE PHILIPPINES. 
Section 10. Section 191 is hereby amended by striking "Subsections 172.1, 
172.2 and 172.3," and in lieu thereof, substituting "Subsections 172.1 (a), (b) and (c)", 
to read as follows: 
Sec. 191. 
Registration and Deposit with National library and 
the Supreme Court Library. - After the first public dissemination of 
performance by authority of the copyright owner of a work falling under 
Subsections L172.1, 172.2 and 172.31 172.1(a), (b) and (c) of this Act, there 
shall, for the purpose of completing the records of the National Library and 
the Supreme Court Library, within three (3) weeks, be registered and 
deposited with it, by personal delivery or by registered mail, two (2) 
complete copies or reproductions of the work in such form as the directors 
of said libraries may prescribe. A certificate of deposit shall be issued for 
which the prescribed fee shall be collected and the copyright owner shall be 
exempt from making additional deposit of the works with the National 
Library and the Supreme Court Library under other laws. If, within three (3) 
weeks after receipt by the copyright owner of a written demand from the 
directors for such deposit, the required copies or reproductions are not 
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delivered and the fee is not paid, the copyright owner shall be liable to pay a 
fine equivalent to the required fee per month of delay and to pay to the 
National Library and the Supreme Court Library the amount of the retail 
price of the best edition of the work. Only the above mentioned classes of 
work shall be accepted for deposit by the National Library and the Supreme 
Court Library. (Sec. 26, P.D. No.49a). 
Section 11. Subsection 205.2 is hereby amended to read asfollows: 
205.2. The provisions of Sections 184, [and Section] 185, AND 190 
shall apply mutatis mutandis to performers. 
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Section 12. Section 208 is amended by amending subsection 208.1 and 
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adding a new subsection 208.4 and to read as follows: 
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SEC. 208. 
producers of sound recordings shall enjoy the following exclusive rights: 
Scopi, of Right. - Subject to the provisions of Section 21 2, 
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 of these reproductions in the 
market and the right of rental or lending. 
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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. 
Section 13. Section 210 is hereby amended to read as follows: 
SEC. 21 0. 
Limitation of Right. - Sections 184, [and] 185, AND 190 
shall apply mutatis mutandis to the producer of sound recordings. (Sec. 48, 
P.D. No. 494. 
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Section 14. Section 21 2 is hereby amended to read as follows: 
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SEC.212. 
Limitations on Rights. - SUBJECT TO THE APPLICATION 
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MUJAW MUJANDlS OF SECTION 184.2 OF THIS ACT, Sections 203,208 and 
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209 shall not apply where the acts referred to in those Sections are [related 
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to] CARRIED OUT IN CONNECTION WITH: 
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212.1 The use by a natural person exclusivelyfor his own personal purposes; 
212.2 Using short excerpts for reporting current events; 
21 2.3 Use solely for the purpose of teaching or for scientific research; and 
212.4 Fair use of the broadcast subject to the condition under Section 185 
(Sec. 44, P.D. No. 49a). 
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Section 15. Section 216 of the same Act is hereby amended and 
renumbered to read as follows: 
"SEC 216. INFRINGEMENNT, WHAT CONSTITUTES. - [Remedies for 
Infringement]. A PERSON INFRINGES A RIGHT PROTECTED UNDER THIS ACT 
WHEN HE OR SHE 
(a) 
DIRECTLY 
COMMITS 
AN 
INFRINGEMENT 
OR 
CAUSES 
AN 
INFRINGEMENTTO BE COMMITTED; 
(b) 
BENEFITS FINANCIALLY FROM THE INFRINGING ACTIVITY OF 
ANOTHER PERSON WHO COMMITS AN INFRINGEMENT IF THE 
PERSON BENEFITING HAS THE RIGHT AND ABILITY TO CONTROL THE 
ACTIVITIES OF THE OTHER PERSON; OR 
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(c) 
ENABLES OR INDUCES INFRINGEMENT BY ANOTHER PERSON 
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ENABLING OR INDUCING THE INFRINGEMENT WHICH HE HAS OR 
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REASONABLY SHOULD HAVE KNOWLEDGE OF AND MATERIALLY 
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CONTRIBUTES TO IT. 
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Section 16. 
Section 216.1 is hereby amended asfollows: 
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"Sec. 216.1 REMEDIES FOR 
INFRINGEMENT - Any person 
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infringing a right protected under this law shall be liable: 
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(b) 
TO IPlpay to the copyright proprietor or his assigns or heirs such 
actual damages, including legal costs and other expenses, as he may 
have incurred due to the infringement as well as the profits the 
infringer may have made due to such infringement, and in proving 
profits the plaintiff shall be required to prove sales only and the 
defendant shall be required to prove every element of cost 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. 
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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 COMMllTED WILLFULLY, THE COURT, IN ITS 
DISCRETION, MAY INCREASE THE AWARD OF STATUTORY DAMAGES. 
(f) 
Section 17. 
Subsection 216.2 is hereby amended by adding a proviso at 
the end of said subsection, to read as follows: 
216.2 In an infringement action, the court shall also have the power 
to order the seizure and impounding of any article which may serve as 
evidence in the court proceedings: PROVIDED, HOWEVER, THAT: 
(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 COURT DEEMS IT 
NECESSARY TO PREVENT AN INFRINGEMENT OF AN INTELLECTUAL 
PROPERTY RIGHT, ORTO PRESERVE RELEVANT EVIDENCE OF ALLEGED 
INFRINGEMENT; 
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(b) 
SUCH RELIEF MAY INCLUDE, BUT IS NOT LIMITED TO, SEIZURE OR 
IMPOUNDMENT OF INFRINGING COPIES OF EQUIPMENT WHICH CAN 
BE USED TO MAKE INFRINGING COPIES OF BUSINESS RECORDS, AND 
OF 
DOCUMENTARY EVIDENCE 
IN ANY 
FORM, 
INCLUDING 
ELECTRONIC FORM; 
(c) 
THE COURT MAY ORDER PROVISIONAL MEASURES 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 BEING DESTROYED 
OR WHEN THE COURT OTHERWISE DEEMS IT APPROPRIATE; 
(d) 
THE COURT MAY CONDITION THE AVAILABILITY 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; 
(e) 
UPON REQUEST BY THE OTHER PARTY, THE 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 
(f) 
THE FOREGOING SHALL NOT PRECLUDE AN INDEPENDENT SUIT FOR 
RELIEF BY THE INJURED PARTY BY WAY OF DAMAGES, INJUNCTION, 
ACCOUNTS, OR OTHERWISE. 
Section 18. Subsections 217.3(b) and (c) are hereby amended to read as 
follows: 
Sec. 217.3 
Any person who, at the time when copyright subsists 
in a work, has in his possession an article which he knows, or ought to know, 
to be infringing copy of the work for the purpose of: 
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(b) 
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 
Frade exhibit of the article1 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. (Sec 29, P.D. No. 
490). 
(c) 
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Section 19. Subsection 21 8.1 (c) is hereby amended to read as follows: 
Sec.218. 
Affidavit Evidence - 218.1. 
In an action under this 
Chapter, an affidavit made before a notary public by or on behalf of the 
owner of the copyright in any work or other subject matter and stating that: 
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(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 assume that the affidavit was made by or on 
behalf of the owner of the copyright. 
Section20. There shall be two new sections to be added at the end of 
Section 220.2 to be known as Section 220A and 2208, to read as follows: 
SEC 220A 
DISCLOSURE OF INFORMATION 
220A.1. WHERE AN ARTICLE OR ITS PACKAGING OR AN IMPLEMENT FOR 
MAKING IT IS SEIZED OR DETAINED UNDER THIS ACT, OR IS 
REASONABLY SUSPECTED BY AN AUTHORIZED OFFICER TO BE IN 
VIOLATION OF THIS ACT, THE AUTHORIZED OFFICER SHALL, 
WHENEVER REASONABLY PRACTICABLE, NOTIFY THE OWNER OF 
THE COPYRIGHT IN QUESTION OR HIS AUTHORIZED AGENT OF THE 
SEIZURE OR DETENTION, AS THE CASE MAY BE. 
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220A.2. 
IN THE ABOVE-MENTIONED CIRCUMSTANCES, AN AUTHORIZED 
OFFICER MAY DISCLOSE TO THE OWNER OF THE COPYRIGHT OR 
TO HIS AUTHORIZED AGENTTHE 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; 
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 
(D) 
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 
DETAINED 
WHICH 
AN 
AUTHORIZED OFFICER DEEMS FITTO DISCLOSE. 
220A.3. 
THE OWNER OF THE COPYRIGHT OR HIS AUTHORIZED AGENT 
SEEKING DISCLOSURE OF ANY INFORMATION OR DOCUMENT 
THAT IS NOT REFERRED TO IN THE PREVIOUS PARAGRAPH OR 
THAT IS NOT DISCLOSED BY THE AUTHORIZED OFFICER MAY 
APPLY TO THE COURT FOR AN ORDER REQUIRING THE 
AUTHORIZED OFFICER TO DISCLOSE SUCH INFORMATION OR 
DOCUMENT AND THE COURT MAY ON SUCH AN APPLICATION 
MAKE SUCH ORDER FOR DISCLOSURE AS ITTHINKS FIT. 
SEC 220B 
ACCEPTANCE OF PROPORTIONAL EXAMINATION OF 
ARTICLES SEIZED. 
220B.1. 
WHERE PACKAGES, RECEPTACLES OR CONTAINERS CONTAINING 
COPIES OR IMPLEMENTS SUSPECTED OF VIOLATING THIS ACT ARE 
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2 2 0 B .2. 
SEIZED OR DETAINED, IT SHALL BE SUFFICIENT ONLY TO OPEN 
AND EXAMINE THREE PERCENT (3%) OR ANY TEN (IO) COPIES, 
WHICHEVER IS HIGHER, OF THE CONTENTS OF EACH PACKAGE, 
RECEPTACLE OR CONTAINER SEIZED. 
WHERE PROCEDURES WERE CARRIED OUT IN ACCORDANCE WITH 
THE PREVIOUS PARAGRAPH, THE COURT SHALL PRESUME THAT 
THE REMAINING COPIES CONTAINED IN THE PACKAGE OR 
RECEPTACLE ARE OF THE SAME NATURE AS THOSE COPIES 
EXAMINED. 
Section 21. Chapter XVlll is hereby amended by adding a new Section at 
the end thereof to be known as Section 224A, to read as follows: 
SECTION 224A, PROTECTION OFEXISTINGSUBJECTMA TTER: 
(224A:I .) 
(224A.2.) 
(224A.3.) 
THE PROTECTION PROVIDED UNDER PART IV OF THIS ACT SHALL 
ALSO 
APPLY 
TO 
WORKS, 
SOUND 
RECORDINGS 
AND 
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 NOTYET FALLEN INTOTHE PUBLIC DOMAIN IN ITS COUNTRY 
OF ORIGIN OR IN THE PHllPPlNES THROUGH THE EXPIRY OF THE 
TERM OF PROTECTION WHICH WAS PREVIOUSLY GRANTED. 
COPIES OF WORKS, SOUND RECORDINGS AND PERFORMANCES 
FIXED IN SOUND RECORDINGS THAT ARE NEWLY PROTECTED 
SOLELY AS A RESULT OF THE APPLICATION OF THIS SECTION 
WHICH ARE IN EXISTENCE UPON THE EFFECTIVITY OF THIS ACT, 
MAY BE SOLD OR OTHERWISE DISPOSED OF BY THE OWNER OF 
SUCH COPY UNTILTHE EXPIRATION OFTHREE (3) MONTHS FROM 
THE DATE OF EFFECTIVITY OF THIS ACT. 
NO OTHER EXERCfSE OF EXCLUSIVE RIGHTS UNDER THIS ACT 
WITH RESPECT TO SUCH WORK, SOUND RECORDING, OR 
PERFORMANCE FIXED IN A SOUND RECORDING SHALL BE 
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PERMITTED WITHOUT THE CONSENT OF THE AUTHOR OR OTHER 
RIGHTHOLDER OF SAID WORK, 
SOUND RECORDING, OR 
PERFORMANCE FIXED IN A SOUND RECORDING. 
Section 22. Part IV is hereby amended by adding a new Chapter at the end 
thereof to be known as Chapter XXI, to read as follows: 
CHAPTER XXI. TECHNOLOGICAL PROTECTION MEASURES AND 
RIGHTS MANAGEMENT INFORMATION 
SECTION 229A TECHNOLOGICAL PROTECTION MEASURES 
229A.1. 
ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL BE 
GUILTY OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS 
PROVIDED IN SECTION 217.1(B) OF THIS ACT FOR THE FIRST 
OFFENSE, AND TO THE SAME EXTENT AS PROVIDED IN SECTION 
217.1 (C) FOR THE SECOND OR SUBSEQUENT OFFENSE, AND SHALL 
ALSO BE LIABLE UPON THE SUIT OF ANY INJURED PARTY, TO A 
RELIEF, INCLUDING BUT NOT LIMITED TO, DAMAGES, INJUNCTION, 
IMPOUNDMENT, AND DESTRUCTION. THE REMEDIES PROVIDED IN 
SECTION 21 6 SHALL APPLY, MUTATIS MUTANDIS, TO VIOLATIONS 
OF THIS SECTION: 
(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 SERVICES 
(i) 
THAT ARE PROMOTED, ADVERTISED OR MARKETED 
FOR THE PURPOSE OF CIRCUMVENTION OF ANY 
EFFECTIVE TECHNOLOGICAL 
MEASURE; OR 
(ii) 
THAT HAVE ONLY A LIMITED COMMERCIALLY 
SIGNIFICANT PURPOSE OR USE OTHER THAN TO 
CIRCUMVENT ANY 
EFFECTIVE TECHNOLOGICAL 
MEASURE; OR 
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229A.2. 
229A.3. 
(iii) 
THAT ARE 
PRIMARILY DESIGNED, PRODUCED, 
ADAPTED OR PERFORMED FOR THE PURPOSE OF 
ENABLING OR FACILITATING THE CIRCUMVENTION 
OF ANY EFFECTIVE TECHNOLOGICAL MEASURE. 
THIS SECTION PROHIBITS CIRCUMVENTION OF TECHNOLOGICAL 
MEASURES, AND DOES NOT REQUIRE AN AFFIRMATIVE RESPONSE 
TO SUCH MEASURES. THIS SECTION DOES NOT REQUIRE THATTHE 
DESIGN OF, OR THE DESIGN AND SELECTION OF PARTS AND 
COMPONENTS 
FOR 
A 
CONSUMER 
ELECTRONICS, 
TELECOMMUNICATIONS OR COMPUTING PRODUCT PROVIDE FOR 
A RESPONSE TO ANY PARTICULAR TECHNOLOGICAL MEASURE. 
THIS PARAGRAPH DOES NOT PROVIDE A DEFENSE TO A CLAIM OF 
VIOLATION OF PARAGRAPH (I)(Bl. 
A VIOLATION OF THIS SECTION IS INDEPENDENT OF ANY 
INFRINGEMENTTHAT MIGHT OCCUR UNDERTHIS ACT. 
SECTION 2298 INTEGRITY OF RIGHTS MANAGEMENT INFORMATION 
ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL 
BE GUILTY OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS 
PROVIDED IN SECTION 217.1 OF THIS ACT, AND SHALL ALSO BE 
LIABLE UPON THE SUIT OF ANY INJURED PARTY, TO RELIEF BY WAY 
OF DAMAGES, INJUNCTION, IMPOUNDMENT, DESTRUCTION OR 
OTHERWISE, AND THE REMEDIES PROVIDED IN SECTION 21 6 SHALL 
APPLY, MUTATIS MUTANDIS, TO VIOLATIONS OF THIS SECTION: 
(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 COPIES OF WORKS, 
SOUND RECORDINGS, OR 
FIXATIONS OF PERFORM-ANCES FROM WHICH ELECTRONIC 
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RIGHTS MANAGEMENT INFORMATION HAS BEEN REMOVED; 
OR 
(b) 
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. 
Section 23. All laws, decrees, executive orders, issuances or regulations 
inconsistent with the provisions of this Act are hereby revised or amended 
accordingly 
Section 24. If any part of this law is declared unconstitutional or invalid, 
such parts or provisions thereof not so declared shall remain valid and subsisting. 
Section 25. This Act shall take effect fifteen (15) days from publication in 
two (2) newspapers of general circulation in the country. 
Approved, 
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