COPYRIGHT PROTECTION IN THE PHILIPPINES, Ecommerce Act and Optical Media Law

HISTORY OF PHILIPPINE COPYRIGHT LAWS

SPANISH PERIOD SPANISH COPYRIGHT ACTSpanish 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 copypublic display 5. Public performance 6. Other communication the public

INTELLECTUAL PROPERTY CODE

MAIN FEATURESMORAL 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 FEATURESCommissioned 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 penaltiesFirst 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 mechanism 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) CODESA 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 CDROM 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 !!!!