BRIEFING ON THE INTELLECTUAL PROPERTY CODE AMENDMENTS (RA 10372) 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 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

Thank You! www.ipophil.gov.ph | +632 238-6300 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 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 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