INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES
(IPOPHL)
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 and
benefit from these works
COPYRIGHT AND RELATED RIGHTS - rights over
original literary and artistic works protected from the
moment of their creation
Section 27
Section 15
Section 18
Section 15
Section 10
Section 10
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 of
copyright holders before books can be
converted to braille
RA 10372 : this requirement has been removed,
copyrighted books can now be converted in
braille form
Benefits to Different Sectors:
• Creative Industries ( Media, Broadcasting Organizations,
Film, Music, Publishing, Design)
- government support for development of the creative
sector
World Intellectual Property Office Study : creative industries
only 4.82% of the national economy compared to Thailand
– 12-20%
Present: No government office assisting these sector in
terms of protecting their intellectual property. National
Library only as repository of works
RA 10372 : establishes the Bureau of Copyright and Related
Rights to assist the creative sector
Benefits to Different Sectors:
• Students, Libraries and Academe
- greater access to books & reading materials
IP Code : very limited access to books and
materials, only 1 photocopy of a copyrighted
work is allowed in libraries
RA 10372 : limited photocopies allowed, more
books that can be used by students particularly
in public schools, universities with limited
budget
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
Benefits to Different Sectors:
• Creators, Artists, Composers, Writers
- protection of their rights by designating
organizations to enforce their rights,
empowerment our artists and gifted citizens
Present: Artists cannot enforce their rights.
Organizations (FILSCAP, FILVADRO) acting for the
artists are not recognized by establishments
RA 10372 : accredit organizations to help artists,
authors, ensure dignified living to our artists
Benefits to Different Sectors:
• Retailers/Business Establishments
- assured that they are dealing only with
legitimate accredited organization
Present: Complaints received on collection of
royalties by unestablished organizations
RA 10372 : only those accredited by the IPOPHL
will be allowed to collect royalties
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
Benefits to Different Sectors:
• Academe (Schools, Universities)
- promote creation of intellectual property and
safeguard creations of institutions, professors,
employees
IP Code: no provision but IPOPHL supports and
assists schools, universities and colleges
RA 10372 : schools, universities realize the value of
their intellectual properties
Benefits to Different Sectors:
• Publishers
- prevention of importation or exportation of
infringing books, etc.
IP Code: no express prohibition on importation
of infringing materials
RA 10372 : clear prohibition on importation
and exportation of infringing materials
Benefits to Different Sectors:
• Rights holders
- speedy enforcement of rights
Present : delay in enforcement of IP rights
RA 10372 : enforcement powers granted to
IPOPHL in coordination with enforcement
agencies
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.
Development of the creative sector does not
require much government resources only the
right legal framework within which rights are
protected to encourage further creation and
creativity without compromising the public’s
right to access and benefit from these works.
RA 10372 is the right legal framework.
Moving Forward:
Extensive, nationwide consultations on the
drafting of the Implementing Rules and
Regulations
Welcome the participation of all stakeholders,
groups in these consultations
INTELLECTUAL PROPERTY OFFICE OF THE
PHILIPPINES (IPOPHL)
www.ipophil.gov.ph | +632 238-6300
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.
Issues
5. Constitutionality of
Visitorial Powers
Truth
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 warrant
Tariff 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