AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293

Case Overview and Summary

Summary of Republic Act No. 10372 Amending the Intellectual Property Code of the Philippines

Organizational Structure and Functions of the Intellectual Property Office (IPO):
- Establishes the Bureau of Copyright and Other Related Rights within the IPO (Sec. 1, 6.2(g))
- Grants the Director General exclusive appellate jurisdiction over decisions of the Director of Copyright and Other Related Rights, appealable to the Court of Appeals (Sec. 2, 7(b))
- Empowers the Director General to undertake enforcement functions with support from law enforcement agencies (Sec. 2, 7(c), 7(d))
- Outlines the functions of the Bureau of Copyright and Other Related Rights, including resolving licensing disputes, accrediting collective management organizations, conducting research, and providing services (Sec. 3, 9A)

Definitions:
- Expands the definition of "communication to the public" to include making works available through wire or wireless means (Sec. 4, 171.3)
- Clarifies the definition of "reproduction" to include temporary or permanent copies (Sec. 5, 171.9)
- Introduces definitions for "technological measure" and "rights management information" (Sec. 6, 171.12, 171.13)

Transfer, Assignment, and Licensing of Copyright:
- Allows for the assignment or licensing of copyright in whole or in part, with the assignee or licensee entitled to the rights and remedies of the copyright owner (Sec. 8, 180.1, 180.4)
- Requires a written indication for the assignment or licensing of copyright (Sec. 8, 180.2)
- Grants the copyright owner the right to regular statements of accounts from the assignee or licensee (Sec. 8, 180.5)
- Clarifies that the transfer or assignment of a copy does not imply the transfer or assignment of the copyright (Sec. 9, 181)
- Allows copyright and related rights owners to designate a society to collectively manage their rights, subject to accreditation by the IPO (Sec. 10, 183)

Limitations and Exceptions:
- Permits the reproduction or distribution of published materials in specialized formats for the blind, visually-impaired, and reading-impaired persons on a non-profit basis (Sec. 11, 184.1(1))
- Recognizes decompilation for achieving interoperability as a form of fair use (Sec. 12, 185.1)
- Allows libraries and archives to make a limited number of copies for preservation and replacement purposes (Sec. 13, 188.1(c))
- Removes the provisions related to the commercial rental of computer programs and cinematographic works (Sec. 14)
- Empowers the Commissioner of Customs to prevent the importation or exportation of infringing articles (Sec. 15, 190)

Deposit and Notice:
- Allows copyright owners to deposit copies of their works with the National Library and the Supreme Court Library for record-keeping purposes, but not as a condition of protection (Sec. 16, 191)

Moral Rights:
- Clarifies that moral rights are perpetual and not assignable or subject to license, with provisions for posthumous enforcement (Sec. 17, 198.1)

Performers' Rights:
- Grants performers the rights to authorize reproduction, distribution, rental, and making available of their performances fixed in sound recordings or audiovisual works (Sec. 18, 203.2, 203.3, 203.4, 203.5)
- Recognizes the performer's right to be identified and to object to prejudicial modifications of their performances (Sec. 19, 204.1)

Producers' Rights:
- Grants producers of sound recordings the right to authorize the making available of their sound recordings to the public (Sec. 20, 208.4)

Limitations on Rights:
- Applies the limitations and exceptions in Chapter VIII to the rights of performers, producers of sound recordings, and broadcasting organizations (Sec. 21, 212)

Infringement and Remedies:
- Defines acts constituting infringement, including direct infringement, benefiting from infringing activity, and inducing or contributing to infringement (Sec. 22, 216)
- Provides for remedies, including actual damages, profits, statutory damages ranging from PHP 50,000 to PHP 10,000, and double damages for circumventing technological measures or altering rights management information (Sec. 22, 216.1)
- Empowers the court to order the seizure and impounding of infringing articles as evidence (Sec. 22, 216.2)
- Increases penalties for infringement involving circumvention of technological measures, removal or alteration of rights management information, or distribution of works with altered rights management information (Sec. 23, 217.2)
- Allows for the admission of affidavit evidence in infringement proceedings (Sec. 24, 218.1)
- Requires authorized enforcement officers to notify copyright owners or their agents of seizures or detentions related to suspected infringements (Sec. 25, 220A)
- Sets a four-year limitation period for recovering damages (Sec. 26, 226)

Adoption of IP Policies:
- Requires schools and universities to adopt intellectual property policies governing the use and creation of intellectual property, including fair use guidelines and licensing agreements with collective management organizations (Sec. 27, 230)

Implementation and Effectivity:
- Mandates the IPO to promulgate implementing rules and regulations within 180 days, in consultation with relevant agencies (Sec. 29)
- Repeals inconsistent laws, decrees, executive orders, issuances, or regulations (Sec. 30)
- Includes a separability clause (Sec. 31)
- Sets the effectivity date 15 days after publication in at least two newspapers of general circulation (Sec. 32)