MAY 30, 2011

NR # 2420C

House passes amendments to Intellectual Property Code

The House of Representatives has approved on third and final reading a measure
amending certain provisions of Republic Act 8293 otherwise known as the Intellectual
Property Code through the integration of comprehensive, swift, efficient and adequate
strategies designed to respond to the criminal onslaught of internet piracy.

Rep. Rufus Rodriguez (2nd District, Cagayan De Oro City), one of the principal
authors of House Bill 3841, said the measure aims to give as much concern to the rights of
performers, phonogram producers and broadcasters in the same breath as those accorded
authors of artistic and literary works by acknowledging the right of such phonogram
producers, performers or broadcasters to control or be compensated for the various ways
in which their works are used or enjoyed by others.

“It is gratifying to note that the country abounds with talent, ingenuity and creativity
in the traditional and non-traditional fields of intellectual expression. For this reason, the
labors of the Filipino genius should not be held prey to or be held hostage by the pirates of
commerce. It is time that the government eliminates, in strong and unmistakable terms,
this modern day-buccaneering and bring the country to the global community of
responsible governments,” Rodriguez said.

Rep. Juan Edgardo Angara (Lone District, Aurora), another author of the bill, said
the overriding goal of the measure is to provide an Internet environment where it is safe to
distribute and license protected material.

“In an increasingly global arena, nothing less than a global effort will ensure the
effective protection and development of intellectual property,” Angara stressed.

Rep. Irwin Tieng (Party-list, Buhay), another co-author, said the measure gives the
visually-impaired persons equal and timely access to copyrighted printed materials
without securing permission from copyright holders to produce their materials.

Under the measure, Section 6 of RA 8293, Organizational Structure of the

Intellectual Property Office shall include the Bureau of Copyright among its Bureaus and
creates a new section providing for its functions.

It amends the definition of “communication to the public” or “communicate to the

public” to show the varied forms of communication to the public; and the definition of
reproduction to emphasize that even temporary or partial copies are considered as
reproduction.

The measure authorizes the Intellectual Property Office, as regards enforcement of

economic and moral rights of the copyright owners and their heirs, to establish an
accreditation system for Collective Management Organizations or similar entities.

It exempts from infringement those acts of reproduction or distribution of copies of

published articles/materials provided such copies are reproduced or distributed in a
specialized format exclusively for the use of the blind, visually – and reading-impaired
persons; made on a non-profit or non-commercial basis; indicate the copyright owner and
the date of first publication; and reproduced or distributed in a manner not in conflict with
the normal exploitation of the work and does not prejudice the normal exploitation of the
copyright owner.

The bill also clarifies the definition of infringement by enumerating acts which
constitute infringement, including the concept of secondary liability (vicarious and
contributory infringement).

Further, it creates a new section on “Disclosure of Information” to explain the

disclosure requirement for valid searches and seizures under this Act, and to provide the
copyright owner with notice in the event infringing articles violating his rights are found
so that appropriate actions may be taken to enforce his own right.

Lastly, the bill considers circumvention of technological measures and the

manipulation of rights management information as aggravating circumstance to the crime
of copyright infringement.

Co-authors of the measure include Reps. Maximo Rodriguez, Jr. (Party-list, Abante
Mindanao, Inc.), Mariano Michael Velarde (Party-list, Buhay), Erico Aumentado (2nd
District, Bohol) and Ben Evardone (Lone District, Eastern Samar). (30) lvc