COPYRIGHT PROTECTION IN THE

PHILIPPINES, Ecommerce Act

and Optical Media Law
HISTORY OF PHILIPPINE COPYRIGHT
LAWS

 SPANISH PERIOD

 SPANISH COPYRIGHT ACT-

Spanish law on Intellectual Property of January 10, 1879 was
extended by Royal Decree of May 5, 1887 (first known
Copyright law in the Philippines)

 Spanish viewed copyright then as a right of property and to be

governed by civil law

 The Act determines the persons to whom said right belongs,

the manner and the duration of its enjoyment
2. ACT 3134 – AN ACT TO PROTECT
INTELLECTUAL PROPERTY

 The Act was based on the U. S. Copyright Law of 1909

 Philippines own copyright law enacted by the Philippine
legislature on March 6, 1924
 Required registration and deposit of the work with the
Philippine library and Museum in order for a copyright to
be granted
 Granted copyright protection to foreigners on the basis
of reciprocity
 Term- 30 years from registration renewable for an
additional term of 30 years
 Infringement remedies included injunctions, damages,
criminal liability, and liability for those contributing to
infringement
3. BERNE CONVENTION

 Philippines acceded to Berne Convention for the

Protection of Literary and Artistic works as revised in
Brussels in 1948 and adopted the national treatment
principle on 1 August 1951
 National treatment principle- authors of member
nations shall enjoy, with respect to their works in
countries other than the country of origin of the work,
the rights which the laws grant to nationals and the
rights specially granted by convention
 Enjoyment and exercise of these rights shall not be
subject to any formality
4. Presidential Decree 49 (Decree on
Intellectual Property)

 Issued on December 15, 1972

by Pres. Ferdinand Marcos during the
Martial Law regime

 Settled the no-formality issue by

providing that copyright subsists from the
moment of creation
5. ROME CONVENTION

 On September 25, 1984, the Philippines acceded

to the International Convention for the Protection
of Performers, Producers of Phonograms and
Broadcasting Organization adopted at Rome on
October 26, 1961 known as the Rome
Convention

 The rights granted by Presidential Decree 49 to

performers, producers of sound recordings and
broadcasting organizations were substantially
the same as those granted under the convention
Current laws and policies

 The 1987 Philippine Constitution recognized the

importance of Intellectual Property rights by requiring
that-

– ”The State shall protect and secure the exclusive rights of

scientist, inventors, artists and other gifted citizens to their
intellectual property and creations, particularly when
beneficial to the people, for such periods as may be
provided by law.”
THE INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES (R.A. 8293)

 Passed into law on 6 June 1997 but became effective 1

January 1998

 Repealed the following laws:

- Republic Act 165- former Patent law
- Rep. Act 166 – former Trademark
Law
- Pres. Decree 49- The Decree on
Intellectual Property
- Pres. Decree 285 on grant of compulsory license to
print textbooks
- Arts. 188 and 189 of the Revised Penal Code
 INTELLECTUAL PROPERTY CODE

MAIN FEATURES:
 Contains a declaration of State Policy that the State –
Recognizes that an effective intellectual and industrial property system is
vital to the development of domestic and creative activity, facilitates
technology transfer, attracts foreign investments and ensures market
access for products

Recognize that the use of intellectual property bears a social function

Shall promote diffusion of knowledge and information for the promotion of

national development and progress for the common good

Streamline administrative procedures for registering patents, trademarks

and copyrights and technology transfer

Shall enhance enforcement of intellectual property rights in the Philippines

 IPCODE- MAIN FEATURES

 Reiterates basic concept that copyright protection exists from the

moment of creation
• Protection attaches regardless of the mode or form of expression,
content, quality or purpose of the work
• Authors/creators enjoy the following rights:

COPYRIGHT OR ECONOMIC RIGHTS

1. Reproduction of the work or substnatial portion of the work
2. Dramatization, translation, adaptation, abridgementor sale or
other forms of transfer of ownership
3. First public distribution
4. Rental of the original or copy’public display
5. Public performance
6. Other communication the public
INTELLECTUAL PROPERTY CODE

 MAIN FEATURES-
 MORAL RIGHTS
>To require authorship of work be attributed to him
>To make any alteration prior to or withthold it from
publication
>To object to any distortion, mutilation or other
modification or derogatory action
>To restrain the use of his name with respect to any
work not of his own creation or a distorted version of
his work
INTELLECTUAL PROPERTY CODE

 Registration is not a requirement nor condition for the

enjoyment of the copyright. However, it is required to deposit
copies of work including software programs, for the purpose of
completing the records of the National Library or the Suprme
Court.
 To prove the existence of copyright, an Affidavit stating that-
 Copyright subsisted in the work
 The person named therein is the owner
 Copy of the work is annexed

Shall be admitted as prima facie proof of the matters contained

herein until the contrary is proved in infringement cases
INTELLECTUAL PROPERTY CODE

 MAIN FEATURES-
 Commissioned work – ownership of the work
belongs to person who commissioned but
copyright is retained by the author
 Fair use in case the copyrighted work is used
for cristicism, comment, news reporting,
teaching, including multiple classroom use,
scholarship, research and similar purposes
and not considered as infringement
 MAIN FEATURES
 Criminal penalties-
 First offense-1-3 yrs imprisonment + 50,000 to
150,000 pesos fine
 Second offense- 3yrs, 1 day to 6yrs +
150,000 to 500,000 pesos fine
 Third and subsequent offenses- 6yrs,1 day to 9 yrs +
500,000 to 1,500,000 pesos
 In all cases, subsidiary imprisonment in cases of
insolvency
INTELLECTUAL PROPERTY CODE

 Main Features
 Remedies for Infringement
> Injunction restraining infringement
> Payment of actual, moral and exemplary damages
>impounding of sales invoices, all articles and their
packaging during pendency of the action
>destruction without compensation of all infringing
copies as the court may order
> seizure of any article which may serve as
evidence in court proceedings
ELECTRONIC COMMERCE LAW (Republic Act 8792)
MAIN FEATURES, June 14, 2000

Legal recognition,admissibility and weight of electronic data

messages and document
 Recognition of electronic signatures

 Recognition that an electronic data message or document suffice as

an original of the document

 Mandates all government agencies to use and accept within two

years electronic data messages and signatures in their transactions

 Installation within two years of an electronic online network known

as RPWEB to promote use of electronic documents, data, messages
in the government and the general public

 Authority of the Department of Trade to direct and supervise the

promotion of e-commerce in the country in coordination with other
government and private agencies
 E-commerce law, June 14, 2000
OFFENSES UNDER THE E-COMMERCE LAW
A) Hacking or cracking
> unauthorized access into, intrusion or interference in a
computer system/server or information and communication system
>Access in order to corrupt, alter, steal or destroy using a
computer or other similar information and communication devices,
without the knowledge and consent of the owner of the compute or
information and communication system
>introduction of computer viruses and the like restulting in the
corruption, destruction, alteration, theft or loss of electronic ddata
messages or electronic document
Penalty- Min. Fine 100,000 +damages + mandatory impr. 6mos to 3 yrs

 (B) Piracy- Unauthorized copying, reproduction, dissemination,

distribution, importation, use, removal, alteration, substitution,
modification, storage, uploading, downloading, communication
OPTICAL MEDIA ACT OF 2003, 2-10-04

 SALIENT FEATURES
 Reorganization of the Videogram Regulatory Board into Optical
Media Board (OMB)

 Authority of the OMB to grant license to any person,

establishment or any entity for the mastering, manufacture,
replication, importation or exportation of optical media

 Penalizing importation, exportation, acquisition, sale or

distribution of or process or operate manufacturing equipment,
parts and accessories without the necessary licenses from
OMB
OPTICAL MEDIA ACT

 Definition of Terms:
 OPTICAL MEDIA- A storage medium or device in
which information, including sounds and/or images,
or software code has been stored, either by
mastering and/or replication, which may be
accessed and read using a lens scanning
mechanis´m employing a high intensity light source
such as a laser or any such other means as may be
developed in the future
 Definition..
 OMB License – authority granted by OMB to
establishments or entities registered with the OMB to
engage in the business of mastering, manufacture,
replication, importation or exportation of optical
media valid for 3 years
 SOURCE IDENTIFICATION (SID) CODES-
A system of codes to identify the source of all optical
media mastered, manufactured or replicated by any
establishment or entity
 Definition..
 REPLICATION- The process of
manufacturing optical media by reproducing
or generating copies of the stamper in an
injection molding machine or other forms of
replicating equipment
OPTICAL MEDIA ACT

 OFFENSES UNDER THE OPTICAL MEDIA ACT

The following acts shall be penalized by fine and/or
imprisonment ( Penalty – at least 3 yrs but not more than
6 yrs + fine not less than 500,000 but not more than
1,500,000 pesos)
> Engaging in the importation, exportation,
acquisition, sale or distribution of, or possess or operate
manufacturing equipment, parts and accessories without
the license from OMB
>Knowingly performing or rendering service of
mastering, manufacture or replication of optical media,
after having been licenses by OMB to any person, in
respect of any intellectual property, who does not have the
consent by the owner of such intellectual property or his
representatives or assigns
OFFENSES..

 >Refusing to submit to inspection by OMB, or surrender

for preventive custody of any optical media, equipment,
manufacturing materials including parts, accessories and
paraphernalia found during inspection operation to be in
violation of the provisions of this Act
> Knowingly possessing items of the same content or title,
produced in violation of this Act and used for the purpose
of sale, rental, distribution or any other commercial
purpose with the intent to profit
> Engaging in the sale, rental, distribution, importation,
exportation of or any other commercial activity involving
optical media that are in violation of this Act.
OPTICAL MEDIA ACT
 PERSONS LIABLE-
 If the Offender is an alien, the person shall be immediately
deported after service sentence and shall be refused entry into
the country

 If the Offender is a government official or employee, he shall

suffer disqualification from public office and forfeiture of his right
to vote and participate in any public election for ten (10) yrs.

 Should the offense be committed by a juridical person, the

stockholder, chairperson, president, officer, director, trustee,
partner or manager responsible for such violation, shall be
liable
Decided cases

 Cases decided –
 Regular IP Courts
 MICROSOFT CORPORATION vs. HAROLD
CHUA of Triac Marketing – Mr. Harold Chua
was punished with 1 yr imprisonment and
fine of 50,000 pesos for having been found to
have in his possession of only two items of
high end counterfeit of genuine software of
Microsoft
Decided Cases

 COURT OF APPEALS
 Microsoft Corporation vs. Taiwan Machinery Display
Center for unfair competition relating to unauthorized
sale of illegal copies of Microsof software in CD-
ROM format where Respondent was held guilty of
unfair competition. Evidence tended to prove that
Beltron was selling unauthorized copies of Microsoft
in CD-ROM format and installing free of charge
unauthorized Microsof software in computer units
purchased by their customers.
Decided Cases

 Supreme Court
 A. Pacita Habana et al, Petitioners, vs. Felicidad Robless and
Goodwill Trading Co. Respondents 210 SCRA 511
 Facts - Petitioners are authors of COLLEGE ENGLISH FOR
TODAY and WORKBOOK FOR FRESHMAN ENGLISH while
Respondents are author/publisher and seller of DEVELOPING
ENGLISH PROFICIENCY
 Issue : Whether Respondents are guilty of infringement and
unfair competition
 Ruling – Respondents act of lifting from the books of Petitioners
substantial portions of discussionms, illustrations and examples
and failure to acknowledge the author in her book is an
infringement of Petitioners copyright
Decided Cases

 Joaquin vs. Drilon, 305 SCRA 225

 Facts BJPI – copyright owner of a dating game show RHODA
AND ME
 IXL Production owner of a subsequent dating game show, ITS
A DATE
 Information was filed by Asst. City Prosecurtor for Violation of
Copyright law but was reversed by the Secretary of Justice
 Issue: Whether Sec. Justice committed grave abuse of
discretion
 Held- Secretary of Justice is not precluded from making
preliminary determination whether there is probable cause for
filing a case in court. Moreover, concept is an unprotected
subject matter under the Copyright Law
 THANK YOU !!!!