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INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES
(IPOPHL)
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Republic Act 10372 (Amendments
to IP Code)
- Enacted into law after 13 years
Balance of Rights- Rights of Creators, Publishers, Artists, etc. to
their intellectual property
- Right of the public to have access andbenefit from these works
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COPYRIGHT AND RELATED RIGHTS - rights over
originalliterary and artistic works protected from the
moment of their creation
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Section 10
Section 15
Section 18
Section 15
Section 27
Section 10
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Benefits to Different Sectors:
500,000 Blind and Visually Impaired Filipinos
- greater access to books & reading materials
IP Code : there is need to secure permission ofcopyright holders before books can beconverted to braille
RA 10372 : this requirement has been removed,copyrighted books can now be converted inbraille form
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Benefits to Different Sectors:
Creative Industries ( Media, Broadcasting Organizations,Film, Music, Publishing, Design)
- government support for development of the creativesector
World Intellectual Property Office Study : creative industriesonly 4.82% of the national economy compared to Thailand12-20%
Present: No government office assisting these sector in
terms of protecting their intellectual property. NationalLibrary only as repository of works
RA 10372 : establishes the Bureau of Copyright and RelatedRights to assist the creative sector
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Benefits to Different Sectors:
Students, Libraries and Academe
- greater access to books & reading materials
IP Code : very limited access to books andmaterials, only 1 photocopy of a copyrightedwork is allowed in libraries
RA 10372 : limited photocopies allowed, morebooks that can be used by students particularlyin public schools, universities with limitedbudget
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Benefits to Different Sectors:
OFWs, Balikbayans, Returning Filipinos
- no limitation to bring in original book, CDs,
DVDs
IP Code: can bring in only 1 copy for individual
use
RA 10372 : restriction has been deleted, no
limitation
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Benefits to Different Sectors:
Creators, Artists, Composers, Writers
- protection of their rights by designatingorganizations to enforce their rights,empowerment our artists and gifted citizens
Present: Artists cannot enforce their rights.Organizations (FILSCAP, FILVADRO) acting for theartists are not recognized by establishments
RA 10372 : accredit organizations to help artists,authors, ensure dignified living to our artists
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Benefits to Different Sectors:
Retailers/Business Establishments
- assured that they are dealing only withlegitimate accredited organization
Present: Complaints received on collection ofroyalties by unestablished organizations
RA 10372 : only those accredited by the IPOPHLwill be allowed to collect royalties
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Benefits to Different Sectors:
Audiovisual Performers
- rights are protected
IP Code: protection only for performance fixed
in sound recording
RA 10372 : protection extended to sound and
audiovisual recording
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Benefits to Different Sectors:
Academe (Schools, Universities)
- promote creation of intellectual property andsafeguard creations of institutions, professors,
employees
IP Code: no provision but IPOPHL supports andassists schools, universities and colleges
RA 10372 : schools, universities realize the value oftheir intellectual properties
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Benefits to Different Sectors:
Publishers- prevention of importation or exportation ofinfringing books, etc.
IP Code: no express prohibition on importationof infringing materials
RA 10372 : clear prohibition on importationand exportation of infringing materials
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Benefits to Different Sectors:
Rights holders
- speedy enforcement of rights
Present : delay in enforcement of IP rights
RA 10372 : enforcement powers granted toIPOPHL in coordination with enforcement
agencies
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The Philippines is a country endowed not
only with rich natural resources but gifted
with truly creative and world-class artists,
designers, authors, singers, performers.
There is so much potential for our creative
sector.
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Development of the creative sector does notrequire much government resources only the
right legal framework within which rights are
protected to encourage further creation and
creativitywithout compromising the publics
right to access and benefitfrom these works.
RA 10372 is the right legal framework.
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Moving Forward:
Extensive, nationwide consultations on the
drafting of the Implementing Rules and
Regulations
Welcome the participation of all stakeholders,
groups in these consultations
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INTELLECTUAL PROPERTY OFFICE OF THE
PHILIPPINES IPOPHL)
www.ipophil.gov.ph | +632 238-6300
http://www.ipophil.gov.ph/http://www.ipophil.gov.ph/8/11/2019 Copyright Amendments Dg
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Issues Truth
1. Deletion of importation for
Balikbayan et. Al.
No deprivation. Present law allows
up to 3 copies only. With the
amendment, unlimited as long as
not fake and covered by fair use.
2. Jailbreaking is a crime Jailbreaking is not a crime in the
amendment
3. Downloading pirated music
is a crime
Piracy and hacking have always
been a crime since 1998 (IP Code)
and 2003 (E-commerce)
4. Deletion of personal use Personal use is still Fair Use and
therefore a defense against
infringement.
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Issues Truth
5. Constitutionality of
Visitorial Powers
Optical Media Act (RA 9239)
Optical Media Board is
empowered to conduct
inspections and visitorial powers
over entities engaged in
mastering, manufacture,
replication of optical media
without search warrantTariff and Customs Code (RA
1937)
Bureau of Customs is
authorized to seize any vessel
or movable property subject of
forfeiture or liable for any fine
imposed under the Tariff Code
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