this is my right as an artist REPUBLIC ACT NO. 8293 AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES PART I The Intellectual Property Office SECTION 1.Title. — This Act shall be known as the Intellectual Property Code of the Philippines. SECTION 2.Declaration of State Policy. — The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act. The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines. (n) SECTION 3.International Conventions and Reciprocity. — Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. (n) SECTION 4.Definitions. — 4.1. The term intellectual property rights consists of: a. Copyright and Related Rights; b. Trademarks and Service Marks; c. Geographic Indications; d. Industrial Designs; e. Patents; f. Layout-Designs (Topographies) of Integrated Circuits; and g. Protection of Undisclosed Information (n, TRIPS). 4.2. The term technology transfer arrangements refers to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market. 4.3. The term Office refers to the Intellectual Property Office created by this Act. 4.4. The term IPO Gazette refers to the gazette published by the Office under this Act. (n) CHAPTER II Original Works SECTION 172.Literary and Artistic Works. — 172.1. Literary and artistic works, hereinafter referred to as works, are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: a. Books, pamphlets, articles and other writings; b. Periodicals and newspapers; c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; d. Letters; e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows; f. Musical compositions, with or without words; g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art; h. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; j. Drawings or plastic works of a scientific or technical character; k. Photographic works including works produced by a process analogous to photography; lantern slides; l. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; m. Pictorial illustrations and advertisements; n. Computer programs; and o. Other literary, scholarly, scientific and artistic works. 172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a) cda Sec. 2, P.D. No. 49a Article. VI Infringement Section 28. Any person infringing a copyright shall be liable: (A) To an injunction restraining such infringement. (B) To pay to the copyright proprietor or his assigns or heirs such actual damages as he may have due to the infringement as well as the profits the infringor may have made due to such infringement, and in providing profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to be just and which shall not be less than the sum of One Thousand Pesos, and shall not be regarded as penalty. (C) To deliver under oath, for impounding during the pendency of the action, upon such terms and conditions as the court may prescribe, all articles alleged to infringe a copyright. (D) To deliver under oath for destruction all infringing copies of devices, as well as all plates, molds, or other means for making such infringing copies as the court may order. (E) To such other terms and conditions, including the payment or moral and exemplary damages, which the court may deem proper, wise and equitable. Section 29. Any person infringing any copyright secured by this Decree or aiding or abetting such infringement shall be deemed guilty of a crime punishable by imprisonment not exceeding one year or by fine not less than Two Hundred Pesos or more than Two Thousand Pesos or both, in the discretion of the court.
Posted on: Sun, 06 Jul 2014 09:16:02 +0000
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