REPUBLIC ACT NO.

10372 "(d) Conduct visits during reasonable hours to

establishments and businesses engaging in activities
AN ACT AMENDING CERTAIN PROVISIONS OF violating intellectual property rights and provisions of this
REPUBLIC ACT NO. 8293, OTHERWISE KNOWN Act based on report, information or complaint received by
AS THE "INTELLECTUAL PROPERTY CODE OF the office; and
THE PHILIPPINES", AND FOR OTHER PURPOSES
"(e) Such other functions in furtherance of protecting IP
Be it enacted by the Senate and House of Representatives of rights and objectives of this Act."
the Philippines in Congress assembled:
Section 3. A new Section 9A is hereby inserted after
Section 1. Section 6 of Republic Act No. 8293, otherwise Section 9 of Republic Act No. 8293, to read as follows:
known as the "Intellectual Property Code of the
Philippines", is hereby amended to read as follows: "SEC. 9A. The Bureau of Copyright and Other Related
Rights. – the Bureau of Copyright and Other Related Rights
"SEC. 6. The Organizational Structure of the IPO. – x x x shall have the following functions:

"6.2. the Office shall be divided into seven (7) Bureaus, "9A.1. Exercise original jurisdiction to resolve disputes
each of which shall be headed by a Director and assisted by relating to the terms of a license involving the author’s
an Assistant Director. These Bureaus are: right to public performance or other communication of his
work;
"x x x
"9A.2. Accept, review and decide on applications for the
"(f) the Administrative, Financial and Personnel Services accreditation of collective management organizations or
Bureau; and similar entities;

"(g) the Bureau of Copyright and Other Related Rights." "9A.3. Conduct studies and researches in the field of
copyright and related rights; and
Section 2. Section 7 of Republic Act No. 8293 is hereby
amended to read as follows: "9A.4. Provide other copyright and related rights service
and charge reasonable fees therefor."
"SEC. 7. The Director General and Deputies Director
General. – Section 4. Section 171.3. of Republic Act No. 8293 is
hereby amended to read as follows:
"x x x
"SEC. 171. Definitions. – x x x
"(b) Exercise exclusive appellate jurisdiction over all
decisions rendered by the Director of Legal Affairs, the "171.3. ‘Communication to the public’ or ‘communicate to
Director of Patents, the Director of Trademarks, the the public’ means any communication to the public,
Director of Copyright and Other Related Rights, and the including broadcasting, rebroadcasting, retransmitting by
Director of the Documentation, Information and cable, broadcasting and retransmitting by satellite, and
Technology Transfer Bureau. the decisions of the Director includes the making of a work available to the public by
General in the exercise of his appellate jurisdiction in wire or wireless means in such a way that members of the
respect of the decisions of the Director of Patents, the public may access these works from a place and time
Director of Trademarks and the Director of Copyright and individually chosen by them;"
Other Related Rights shall be appealable to the Court of
Appeals in accordance with the Rules of Court; and those Section 5. Section 171.9. of Republic Act No. 8293 is
in respect of the decisions of the Director of the hereby amended to read as follows:
Documentation, Information and Technology Transfer
Bureau shall be appealable to the Secretary of Trade and "171.9. ‘Reproduction’ is the making of one (1) or more
Industry; copies, temporary or permanent, in whole or in part, of a
work or a sound recording in any manner or form without
"(c) Undertake enforcement functions supported by prejudice to the provisions of Section 185 of this Act (Sec.
concerned agencies such as the Philippine National Police, 41[E], P.D. No. 49a);"
the National Bureau of Investigation, the Bureau of
Customs, the Optical Media Board, and the local Section 6. There shall be two new subsections to be added
government units, among others; at the end of Section 171.11. to be known as 171.12. and
171.13., both to read as follows:
"171.12. ‘Technological measure’ means any technology, "SEC. 181. Copyright and Material Object. – the copyright
device or component that, in the normal course of its is distinct from the property in the material object subject to
operation, restricts acts in respect of a work, performance it. Consequently, the transfer, assignment or licensing of
or sound recording, which are not authorized by the authors, the copyright shall not itself constitute a transfer of the
performers or producers of sound recordings concerned or material object. Nor shall a transfer or assignment of the
permitted by law; sole copy or of one or several copies of the work imply
transfer, assignment or licensing of the copyright. (Sec. 16,
"171.13. ‘Rights management information’ means P.D. No. 49)"
information which identifies the work, sound recording or
performance; the author of the work, producer of the sound Section 10. Section 183 of Republic Act No. 8293 is
recording or performer of the performance; the owner of hereby amended to read as follows:
any right in the work, sound recording or performance; or
information about the terms and conditions of the use of the "SEC. 183. Designation of Society. – the owners of
work, sound recording or performance; and any number or copyright and related rights or their heirs may designate a
code that represent such information, when any of these society of artists, writers, composers and other right-holders
items is attached to a copy of the work, sound recording or to collectively manage their economic or moral rights on
fixation of performance or appears in conjunction with the their behalf. For the said societies to enforce the rights of
communication to the public of a work, sound recording or their members, they shall first secure the necessary
performance." accreditation from the Intellectual Property Office. (Sec. 32,
P.D. No. 49a)"
Section 7. the Chapter Title of Chapter VII, Part IV, the
Law on Copyright, is hereby amended to read as follows: Section 11. Section 184.1. of Republic Act No. 8293 is
hereby amended to read as follows:
"CHAPTER VII
"SEC. 184. Limitations on Copyright. – x x x
TRANSFER, ASSIGNMENT AND LICENSING OF
COPYRIGHT" "(1) the reproduction or distribution of published articles or
materials in a specialized format exclusively for the use of
Section 8. Section 180 of Republic Act No. 8293 is hereby the blind, visually- and reading-impaired
amended to read as follows: persons: Provided, That such copies and distribution shall
be made on a nonprofit basis and shall indicate the
"SEC. 180. Rights of Assignee or Licensee. – 180.1. the copyright owner and the date of the original publication."
copyright may be assigned or licensed in whole or in part.
Within the scope of the assignment or license, the assignee Section 12. Section 185.1. of Republic Act No. 8293 is
or licensee is entitled to all the rights and remedies which hereby amended to read as follows:
the assignor or licensor had with respect to the copyright.
"SEC. 185. Fair Use of a Copyrighted Work. – 185.1. the
"180.2. the copyright is not deemed assigned or fair use of a copyrighted work for criticism, comment, news
licensed inter vivos, in whole or in part, unless there is a reporting, teaching including limited number of copies for
written indication of such intention. classroom use, scholarship, research, and similar purposes
is not an infringement of copyright. Decompilation, which
"x x x is understood here to be the reproduction of the code and
translation of the forms of a computer program to achieve
"180.4. Any exclusivity in the economic rights in a work the interoperability of an independently created computer
may be exclusively licensed. Within the scope of the program with other programs may also constitute fair use
exclusive license, the licensee is entitled to all the rights under the criteria established by this section, to the extent
and remedies which the licensor had with respect to the that such decompilation is done for the purpose of
copyright. obtaining the information necessary to achieve such
interoperability.
"180.5. the copyright owner has the right to regular
statements of accounts from the assignee or the licensee "x x x."
with regard to assigned or licensed work."
Section 13. Section 188.1. of Republic Act No. 8293 is
Section 9. Section 181 of Republic Act No. 8293 is hereby hereby amended to read as follows:
amended to read as follows:
"SEC. 188. Reprographic Reproduction by Libraries. –
188.1. Notwithstanding the provisions of Subsection 177.1.,
any library or archive whose activities are not for profit
may, without the authorization of the author or copyright coterminous with the economic rights, the moral rights
owner, make a limited number of copies of the work, as shall not be assignable or subject to license. the person or
may be necessary for such institutions to fulfill their persons to be charged with the posthumous enforcement of
mandate, by reprographic reproduction: these rights shall be named in a written instrument which
shall be filed with the National Library. In default of such
"x x x person or persons, such enforcement shall devolve upon
either the author’s heirs, and in default of the heirs, the
"(c) Where the making of such limited copies is in order to Director of the National Library."
preserve and, if necessary in the event that it is lost,
destroyed or rendered unusable, replace a copy, or to Section 18. Section 203 of Republic Act No. 8293 is
replace, in the permanent collection of another similar hereby amended to read as follows;
library or archive, a copy which has been lost, destroyed or
rendered unusable and copies are not available with the "x x x
publisher."
"203.2. the right of authorizing the direct or indirect
Section 14. Sections 190.1. and 190.2. of Republic Act No. reproduction of their performances fixed in sound
8293 are deleted in their entirety. recordings or audiovisual works or fixations in any manner
or form;
Section 15. Section 190.3. of Republic Act No. 8293 is
hereby renumbered and amended as the sole provision "203.3. Subject to the provisions of Section 206, the right
under Section 190 to read as follows: of authorizing the first public distribution of the original
and copies of their performance fixed in sound recordings
"SEC 190. Importation and Exportation of Infringing or audiovisual works or fixations through sale or rental of
Materials. – Subject to the approval of the Secretary of other forms of transfer of ownership;
Finance, the Commissioner of Customs is hereby
empowered to make rules and regulations for preventing "203.4. the right of authorizing the commercial rental to the
the importation or exportation of infringing articles public of the original and copies of their performances
prohibited under Part IV of this Act and under relevant fixed in sound recordings or audiovisual works or fixations,
treaties and conventions to which the Philippines may be a even after distribution of them by, or pursuant to the
party and for seizing and condemning and disposing of the authorization by the performer; and
same in case they are discovered after they have been
imported or before they are exported. (Sec. 30, P.D. No. "203.5. the right of authorizing the making available to the
49)" public of their performances fixed in sound recordings or
audiovisual works or fixations, by wire or wireless means,
Section 16. Section 191 of Republic Act No. 8293 is in such a way that members of the public may access them
hereby amended to read as follows: from a place and time individually chosen by them. (Sec.
42, P.D. No. 49A)."
"SEC 191. Deposit and Notice of Deposit with the National
Library and the Supreme Court Library. – At any time Section 19. Section 204.1. of Republic Act No. 8293 is
during the subsistence of the copyright, the owner of the hereby amended to read as follows;
copyright or of any exclusive right in the work may, for the
purpose of completing the records of the National Library "204.1. Independently of a performer’s economic rights, the
and the Supreme Court Library, register and deposit with performer shall, as regards his live aural performances or
them, by personal delivery or by registered mail, two (2) performances fixed in sound recordings or in audiovisual
complete copies or reproductions of the work in such form works or fixations, have the right to claim to be identified
as the Directors of the said libraries may prescribe in as the performer of his performances, except where the
accordance with regulations: Provided, That only works in omission is dictated by the manner of the use of the
the field of law shall be deposited with the Supreme Court performance, and to object to any distortion, mutilation or
Library. Such registration and deposit is not a condition of other modification of his performances that would be
copyright protection." prejudicial to his reputation."

Section 17. Section 198 of Republic Act No. 8293 is Section 20. Section 208 of Republic Act No. 8293 is
hereby amended to read as follows: hereby amended to read as follows:

"SEC. 198. Term of Moral Rights. – 198.1. the right of an "SEC. 208. Scope of Right. – x x x
author under Section 193.1. shall last during the lifetime of
the author and in perpetuity after his death while the rights
under Sections 193.2. 193.3. and 193.4. shall be
"208.4. the right to authorize the making available to the works without authority, knowing that electronic rights
public of their sound recordings in such a way that management information has been removed or altered
members of the public may access the sound recording without authority.
from a place and at a time individually chosen or selected
by them, as well as other transmissions of a sound "x x x
recording with like effect."
"The copyright owner may elect, at any time before final
Section 21. Section 212 of Republic Act No. 8293 is judgment is rendered, to recover instead of actual damages
hereby amended to read as follows: and profits, an award of statutory damages for all
infringements involved in an action in a sum equivalent to
"SEC. 212. Limitations on Rights. – the provisions of the filing fee of the infringement action but not less than
Chapter VIII shall apply mutatis mutandis to the rights of Fifty thousand pesos (Php50,000.00). In awarding statutory
performers, producers of sound recordings and damages, the court may consider the following factors:
broadcasting organizations."
"(1) the nature and purpose of the infringing act;
Section 22. Section 216 of Republic Act No. 8293 is
hereby amended to read as follows: "(2) the flagrancy of the infringement;

"SEC. 216. Infringement. – A person infringes a right "(3) Whether the defendant acted in bad faith;
protected under this Act when one:
"(4) the need for deterrence;
"(a) Directly commits an infringement;
"(5) Any loss that the plaintiff has suffered or is likely to
"(b) Benefits from the infringing activity of another person suffer by reason of the infringement; and
who commits an infringement if the person benefiting has
been given notice of the infringing activity and has the right "(6) Any benefit shown to have accrued to the defendant by
and ability to control the activities of the other person; reason of the infringement.

"(c) With knowledge of infringing activity, induces, causes "In case the infringer was not aware and had no reason to
or materially contributes to the infringing conduct of believe that his acts constitute an infringement of copyright,
another. the court in its discretion may reduce the award of statutory
damages to a sum of not more than Ten thousand pesos
"216.1. Remedies for Infringement. – Any person infringing (Php10,000.00): Provided, That the amount of damages to
a right protected under this law shall be liable: be awarded shall be doubled against any person who:

"x x x "(i) Circumvents effective technological measures; or

"(b) To pay to the copyright proprietor or his assigns or "(ii) Having reasonable grounds to know that it will induce,
heirs such actual damages, including legal costs and other enable, facilitate or conceal the infringement, remove or
expenses, as he may have incurred due to the infringement alter any electronic rights management information from a
as well as the profits the infringer may have made due to copy of a work, sound recording, or fixation of a
such infringement, and in proving profits the plaintiff shall performance, or distribute, import for distribution,
be required to prove sales only and the defendant shall be broadcast, or communicate to the public works or copies of
required to prove every element of cost which he claims, or, works without authority, knowing that electronic rights
in lieu of actual damages and profits, such damages which management information has been removed or altered
to the court shall appear to be just and shall not be regarded without authority.
as penalty: Provided, That the amount of damages to be
awarded shall be doubled against any person who: "x x x

"(i) Circumvents effective technological measures; or "216.2. In an infringement action, the court shall also have
the power to order the seizure and impounding of any
"(ii) Having reasonable grounds to know that it will induce, article which may serve as evidence in the court
enable, facilitate or conceal the infringement, remove or proceedings, in accordance with the rules on search and
alter any electronic rights management information from a seizure involving violations of intellectual property rights
copy of a work, sound recording, or fixation of a issued by the Supreme Court. (Sec. 28, P.D. No. 49a)
performance, or distribute, import for distribution,
broadcast, or communicate to the public works or copies of
"The foregoing shall not preclude an independent suit for Section 26. Section 226 of Republic Act No. 8293 is
relief by the injured party by way of damages, injunction, hereby amended to read as follows:
accounts or otherwise."
"SEC. 226. Damages. – No damages may be recovered
Section 23. Section 217.2. of Republic Act No. 8293 under this Act after the lapse of four (4) years from the time
hereby amended to read as follows: the cause of action arose. (Sec. 58, P.D. No. 49)."

"217.2. In determining the number of years of Section 27. Chapter XX of Republic Act No. 8293 is
imprisonment and the amount of fine, the court shall hereby amended by adding a new section at the end thereof
consider the value of the infringing materials that the to be denominated as Section 230, to read as follows:
defendant has produced or manufactured and the damage
that the copyright owner has suffered by reason of the "SEC. 230. Adoption of Intellectual Property (IP)
infringement: Provided, That the respective maximum Policies. – Schools and universities shall adopt intellectual
penalty stated in Section 217.1. (a), (b) and (c) herein for property policies that would govern the use and creation of
the first, second, third and subsequent offense, shall be intellectual property with the purpose of safeguarding the
imposed when the infringement is committed by: intellectual creations of the learning institution and its
employees, and adopting locally-established industry
"(a) the circumvention of effective technological measures; practice fair use guidelines. These policies may be
developed in relation to licensing agreements entered into
"(b) the removal or alteration of any electronic rights by the learning institution with a collective licensing
management information from a copy of a work, sound organization."
recording, or fixation of a performance, by a person,
knowingly and without authority; or Section 28. Section 230 of Republic Act No. 8293 is
hereby renumbered as Section 231, and all succeeding
"(c) the distribution, importation for distribution, broadcast, sections of the same Act are hereby renumbered
or communication to the public of works or copies of works, accordingly.
by a person without authority, knowing that electronic
rights management information has been removed or Section 29. Implementing Rules and Regulations. – Within
altered without authority." one hundred eighty (180) days from the effectivity of this
Act, the Intellectual Property Office, in consultation with
Section 24. Section 218.1. of Republic Act No. 8293 is the National Book Development Board, the National
hereby amended to read as follows: Library, the Supreme Court Library and other relevant
agencies, shall promulgate the rules and regulations
"SEC. 218. Affidavit Evidence. – x x x necessary to effectively implement the provisions of this
Act.
"(c) the copy of the work or other subject matter annexed
thereto is a true copy thereof. Section 30. Repealing Clause. – All laws, decrees,
executive orders, issuances or regulations inconsistent with
the provisions of this Act are hereby revised or amended
"The affidavit shall be admitted in evidence in any
accordingly.
proceedings under this Chapter and shall be prima
facie proof of the matters therein stated until the contrary is
proved, and the court before which such affidavit is Section 31. Separability Clause. – If any part of this Act is
produced shall assume that the affidavit was made by or on declared unconstitutional or invalid, such parts or
behalf of the owner of the copyright." provisions thereof not so declared shall remain valid and
subsisting.
Section 25. A new Section 220A shall be inserted after
Section 220.2. of Republic Act No. 8293 to read as follows: Section 32. Effectivity Clause. – This Act shall take effect
fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
"SEC. 220A. Disclosure of Information. – Where any
article or its packaging or an implement for making it is
seized or detained under a valid search and seizure under
this Act is, or is reasonably suspected to be, by an
authorized enforcement officer, in violation of this Act, the
said officer, shall, wherever reasonably practicable, notify
the owner of the copyright in question or his authorized
agent of the seizure or detention, as the case may be."