Presentation on theme: "BRIEFING ON THE INTELLECTUAL PROPERTY CODE AMENDMENTS (RA 10372)"— Presentation transcript:
1BRIEFING ON THE INTELLECTUAL PROPERTY CODE AMENDMENTS (RA 10372) Intellectual Property Office of the Philippines (IPOPHL)
2Republic Act 10372 (Amendments to IP Code) - Enacted into law after 13 yearsBalance of RightsRights of Creators, Publishers, Artists, etc. to their intellectual propertyRight of the public to have access and benefit from these works
3COPYRIGHT and related rights COPYRIGHT AND RELATED RIGHTS - rights over original literary and artistic works protected from the moment of their creation
5Benefits to Different Sectors: 500,000 Blind and Visually Impaired Filipinos- greater access to books & reading materialsIP Code : there is need to secure permission of copyright holders before books can be converted to brailleRA : this requirement has been removed, copyrighted books can now be converted in braille form
6Benefits to Different Sectors: Creative Industries ( Media, Broadcasting Organizations, Film, Music, Publishing, Design)- government support for development of the creative sectorWorld 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 worksRA : establishes the Bureau of Copyright and Related Rights to assist the creative sector
7Benefits to Different Sectors: Students, Libraries and Academe- greater access to books & reading materialsIP Code : very limited access to books and materials, only 1 photocopy of a copyrighted work is allowed in librariesRA : limited photocopies allowed, more books that can be used by students particularly in public schools, universities with limited budget
8Benefits to Different Sectors: OFWs, Balikbayans, Returning Filipinos- no limitation to bring in original book, CDs, DVDsIP Code: can bring in only 1 copy for individual useRA : restriction has been deleted, no limitation
9Benefits to Different Sectors: Creators, Artists, Composers, Writers- protection of their rights by designating organizations to enforce their rights, empowerment our artists and gifted citizensPresent: Artists cannot enforce their rights. Organizations (FILSCAP, FILVADRO) acting for the artists are not recognized by establishmentsRA : accredit organizations to help artists, authors, ensure dignified living to our artists
10Benefits to Different Sectors: Retailers/Business Establishments- assured that they are dealing only with legitimate accredited organizationPresent: Complaints received on collection of royalties by unestablished organizationsRA : only those accredited by the IPOPHL will be allowed to collect royalties
11Benefits to Different Sectors: Audiovisual Performers- rights are protectedIP Code: protection only for performance fixed in sound recordingRA : protection extended to sound and audiovisual recording
12Benefits to Different Sectors: Academe (Schools, Universities)- promote creation of intellectual property and safeguard creations of institutions, professors, employeesIP Code: no provision but IPOPHL supports and assists schools, universities and collegesRA : schools, universities realize the value of their intellectual properties
13Benefits to Different Sectors: Publishers- prevention of importation or exportation of infringing books, etc.IP Code: no express prohibition on importation of infringing materialsRA : clear prohibition on importation and exportation of infringing materials
14Benefits to Different Sectors: Rights holders- speedy enforcement of rightsPresent : delay in enforcement of IP rightsRA : enforcement powers granted to IPOPHL in coordination with enforcement agencies
15The 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.
16Development 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 is the right legal framework.
17Moving Forward:Extensive, nationwide consultations on the drafting of the Implementing Rules and Regulations Welcome the participation of all stakeholders, groups in these consultations
18Thank You! www.ipophil.gov.ph | +632 238-6300 INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES (IPOPHL)|
19Issues 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 crimeJailbreaking is not a crime in the amendment3. Downloading pirated music is a crimePiracy and hacking have always been a crime since 1998 (IP Code) and 2003 (E-commerce)4. Deletion of personal usePersonal use is still “Fair Use” and therefore a defense against infringement.
20Issues 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