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SUBJECT: RULES AND REGULATIONS ON COPYRIGHT REGISTRATION AND DEPOSIT
Whereas, the Intellectu I Property Office of the Philippines (IPOPHL) is mandated to administer and implement the State policies declared in Republic Act No. 8293, the Intellectual Property Code of the Philippines (IP Code);
Whereas, Sec. 191 of th IP Code, as amended by Sec. 16 of Republic Act No. 10372, provides for the registration and deposit of works with the National Library and the Supreme Court Library at any time during the subsistence of the copyright;
Whereas, in a Memorandum of Agreement ( OA) signed on January 25, 2011, the National Library of the Philippines NLP) deputized the IPOPHL as a receiving office for the registration and deposit of copyrighted works;
Now, therefore, pursuant to the said MOA entered into by the NLP and IPOPHL, the following rules and regulations on copyright registration and deposit are hereby adopted:
RULEI GENERAL PROVISIONS
Section 1. Title. These rules shall be known as the "Rules on Copyright Registration and Deposit".
Section 2. Coverage. These rules shall apply to registration and deposit of copyrighted works with the IPOPHL through its Intellectual Property Satellite Offices (IPSOs) and may be adapted mutatis mutandis by the NLP. These rules shall not affect the system of deposit of works in the field of law mai tained by the Supreme Court Library.
Section 3. These rules shall be liberally construed to carry out the objectives of the Constitution, the IP Code, and the IPOPHL-NLP MOA.
Section 4. Definition of Terms.
a. Assignee - a person or entity to which the author or copyright holder has assigned the copyright in hole or in part. Within the scope of the assignmen , the assignee is entitl d to all the rights and remedies w ich the assignor had with respect to the copyright.
b. Author or Creator - natural per on who has created the work.
c. Bureau of Copyright and other Related Rights (BCRR) - bureau within IPOPHL in charge of copyright matters
Republic of the Philippines INTELLECTUAL PROPERTY OFFICE
Intell ctual Property enter. 2 Upper Mckinl y Ro d. Mckinley Hi I Town Center Fort Bonifacio. Taguig Ily 1634 Philippines
T: +632-2386300. F. +632 7980114. .ipoonil.gov. h
d. Copyright - right granted by a statute to the proprietor of an intellectual production to its exclusive use and enjoyment to the extent specified in the statute.
e. Heir - a person called to the succession either by the provision of a will or by operation of law.
f. Intellectual Property Field Operations Unit (IPFOU) - the unit within IPOPHL that supervises the operations of the IPSOs.
g. Intellectual Property Satellite Office (IPSO) - field offices of IPOPHL which are established in selected areas in the country to provide a base for launching public awareness campaigns in key areas and make technical and advisory services readily available to enable IP stakeholders in the regions to ensure the effective use of the IP system for protection and commercialization of their IP assets.
h. IPSO Field Specialist - IPSO personnel in charge of receiving applications for intellectual property rights. For purposes of these guidelines, this shall also refer to the IPFOU personnel in Manila assigned to receive the applications.
L Storage Medium - device that serves as container of electronic data including, but not limited to, universal serial bus (USB) flash drives, optical discs, magnetic tapes or such other device that may be developed in the future. Technical Description - a brief description of every view of the design or drawing, Le., perspective, front, side, top, bottom and/or back, and indicated with corresponding figure numbers.
j. Technical Description - a brief description of every view of the design or drawing, Le., perspective, front, side, top, bottom and/or back, and indicated with corresponding figure numbers.
RULE II REQUIREMENTS FOR APPLICATION
Section 1. Who may Apply. The author or creator of the work, his heirs, or assignee, may apply for a certificate of copyright registration and deposit. They may apply in person, or through a dUly authorized representative. Non-resident applicants may be represented by a duly authorized resident agent.
Section 2. Documentary requirements. The duly accomplished registration and deposit form (RDF) must be filed in duplicate for each work, together with the original or certified true copy of the following documents:
a. Document evidencing ownership of the copyright or the manner of its acquisition:
(i) for authors or creators: affidavit under Sec. 218 of R.A. No. 8293, the Intellectual Property Code of the Philippines (IP Code);
(ii) for heirs: affidavit under Sec. 218 of IP Code; death certificate of author or creator; and birth certificate (for children), or marriage certificate (for spouse), or will/any document evidencing designation as heir (for heirs other than spouse or children); Provided, that, for heirs other than spouse
or children, the aforementioned affidavit shall contain a statement that there are no other existing heirs and a statement indicating the relationship with deceased author, if related by consanguinity;
(iii) for assignees: affidavit under Sec. 218 of IP Code and deed of assignment or any instrument transferring or waiving ownership of copyright;
b. Document evidencing identity of the applicant
(i) for natural persons: any competent evidence of identity, which refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or
(b) oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.
(ii) for juridical persons: certificate of registration issued by the Securities and Exchange Commission (for corporations) or certificate of registration issued by the Department of Trade and Industry (for single proprietorships and only if the author is other than the owner of the single proprietorship).
c. Document evidencing authority to represent (Le., with authority to sign in behalf of) another person/entity:
(i) for representatives of natural persons: special power of attorney; (ii) for representatives of juridical persons: board resolution or secretary's
certificate;
d. Official receipt of the filing fee, or validated deposit slip if payment is made through the depositary bank;
e. Work to be deposited in the manner provided in NO.6 below.
Section 3. Filing Fee. A fee structure shall be adopted in accordance with the IP Code and relevant laws or regulations. The filing fee shall be comprised of a basic fee, which includes the fund-in-trust for NLP equivalent to fees imposed on copyright registrations and the administrative expenses incurred by IPOPHL. An additional fee shall be charged to cover the expenses of sending the deposited works to IPOPHL Manila as well as sending the certificates directly to the address of the applicant.
The fee covering administrative expenses may be granted by IPOPHL to NLP upon formal request by the latter and approval of a project proposal related to enhancement of copyright services.
In view thereof, the following schedule of fees shall be adopted:
Referenc Origin Basic Fee (PhP) Courier Total e Code (PhP)
Fund-in- Administrative trust for expenses
NLP C01 Manila 200 300 125 625 CO2 Regions 200 300 250 750 C03 Bulk (50 200 200
works and above)
Section 4. Manner of deposit. The works shall the deposited in the following manner:
Class Works Included Manner of Deposit A Books, pamphlets, articles, e-books, Two (2) original copies or an
audio books, comics, novels, and electronic copy submitted other writings online or in a storage
medium B Periodicals, newspapers, journals, Two (2) original copies or an
diaries, magazines, e-zines, electronic copy submitted online or in a storage medium
C Lectures, sermons, addresses, Two (2) original copies or an speeches, dissertations prepared for electronic copy submitted oral delivery online or in a storage
medium D Letters, circulars, encyclicals, e-mail Two (2) original copies or an
and other electronic messages electronic copy submitted online or in a storage medium
E Dramatic or dramatico-musical Two (2) original copies of compositions, plays, operas, the music sheet or an choreographic works, pantomimes, electronic copy submitted magic routines and other novelty online or in a storage acts medium
F Musical compositions with or without Two (2) original copies of lyrics the music sheet or an
electronic copy submitted online or in a storage medium
G Drawings, paintings, architectural Two (2) 5R photographs or works, sculpture, engraving, prints, an electronic copy submitted lithography or other works of art, online or in a storage models or designs for works of art medium
H Ornamental designs or models for Two (2) 5R photographs or articles of manufacture and industrial an electronic copy submitted objects, and other works of applied online or in a storage art medium, with a technical
description of the design I Illustrations, maps, plans, sketches, Two (2) 5R photographs or
charts and three-dimensional works an electronic COpy submitted
relative to geography, topography, online or in a storage architecture, or science medium
J Drawings or plastic works of a Two (2) 5R photographs or scientific or technical character an electronic copy submitted
online or in a storage medium
K Photographic works including works Two (2) 5R photographs or produced by a process analogous to an electronic copy submitted photography, lantern slides online or in a storage
medium L Audiovisual works and Two (2) original copies or an
cinematographic works and works electronic copy submitted produced by a process analogous to online or in a storage cinematography or any process for medium making audio-visual recordings
M Pictorial illustrations and Two (2) 5R photographs or advertisements an electronic copy submitted
online or in a storage medium
N Computer programs, software, Two (2) original copies or an games, applications electronic copy submitted
online or in a storage medium
0 Other literary, scholarly, scientific Two (2) original copies or an and artistic works, including reports, electronic copy submitted studies, research, theses, and other online or in a storage academic papers, examinations, medium online courses, presentations
P Sound recordings Two (2) original copies or an electronic copy submitted online or in a storage medium
Q Broadcast recordings Two (2) original copies or an electronic copy submitted online or in a storage medium
RULE III PROCEDURE FOR REGISTRATION
Section 1. Submission of Accomplished RDF. Applicant personally submits his accomplished RDF together with all the other required documents to the IPFOU (if filed in Manila), or to the proper IPSO (if filed outside of Manila). The IPSO Field Specialist shall determine the class/es under which his work can be categorized.
Section 2. Review of RDF. The IPSO Field Specialist shall carefully review the correctness of the entries in the RDF and the completeness of the documents submitted. Only complete applications complying with the requirements prescribed in NO.4 hereof shall be given due course.
Section 3. Payment of Fee. Upon a finding by the IPSO Field Specialist that all the requirements are complete, the applicant shall be directed to pay the prescribed filing fee. Only one filing fee shall be charged for the application of a work falling under
multiple classes. A Statement of Account (SOA) shall be generated and issued to the applicant. The applicant pays the fee at the designated Land Bank branch.
Section 4. Reception of Documents. Upon showing by the applicant of the validated deposit slip, the IPSO Field Specialist receives the RDF with all the attachments, generates the RDF number and the date of filing. An Acknowledgement Receipt (AR) shall be issued in favor of the applicant pending the release of the OR.
Section 5. Encoding and Scanning. The IPSO Field Specialist shall encode the bibliographic entry in the database and scan the required documents, including the AR, the SOA and the validated deposit slip.
Section 6. Transmittal to IPFOU. The IPSO Field Specialist transmits the scanned documents to IPFOU, which shall verify the completeness of the scanned documents in collaboration with the BCRR.
Section 7. Transmittal to Cashier. The IPFOU shall transmit the AR, the SOA and the validated deposit slip to the IPOPHL Cashier, for preparation of the OR.
Section 8. Release of Certificate. Upon notification by the IPOPHL Cashier of the release of the OR, the BCRR shall cause the printing of the Certificate of Registration and Deposit, which shall be released to the applicant after five (5) working days from filing of the RDF.
Section 9. Allowable Corrections. Whatever has been written in the RDF as regards the ownership of copyright, authorship and title of the work shall be deemed to be final and shall be reflected in the certificate. Corrections in the RDF and the certificate may be allowed only if the same is substantial in nature and only upon written request and payment of a fee equivalent to the application fee.
Section 10. Contents of the Certificate. The Certificate of Registration and Deposit shall contain the following:
a. name of the applicant or copyright holder b. title of the work c. name of the author d. c1ass/es where the work belongs e. date of creation f. period of protection g. facsimile signature of the Director General or any IPOPHL official duly
authorized by him h. statement that the registration and deposit is made for the purpose of
completing the records of the national library i. statement that a certified true copy of the affidavit of ownership is attached at
the back and forms an integral part of the certificate j. certified true copy of affidavit of ownership
RULE IV POST-REGISTRATION
Section 1. Transmittal of Deposited Works to NLP - The IPSOs shall transmit the deposited works to the BCRR on a monthly basis. The BCRR shall have temporary custody of all the deposited works and shall transmit the same to the NLP on a semi~ annual basis
Section 2. Cancellation of Certificate. The IPOPHL Director General may, upon written request by an interested party and upon payment of fee equivalent to the application fee, cancel the Certificate of Copyright Registration and Deposit covering a specific work on the following grounds:
a. Upon a final court decision ordering the cancellation of the certificate; b. By final order of the Director of the Bureau of legal Affairs of the IPOPHL in
copyright infringement cases; c. Upon registration of deeds of transfers, assignments, and other transactions
affecting copyright, including transfers by inheritance, conveying copyright over a specific work;
d. Upon expiration of the term of copyright.
Section 3. Request for Certified True Copy of the Certificate, Upon written request of the copynght owner or any interested party, and upon payment of a fee of Five Hundred Pesos (PhP 500), a certified true copy of a Certificate of Copyright Registration and Deposit may be issued by the BCRR.
Section 4. Administration of Copyright Registration Database - The NLP and IPOPHL shall jointly administer the copyright registration database.
RULEV FINAL PROVISIONS
Section 1. Separability Clause. If any section or provision of these Rules shall be held to be invalid, the remaining provisions shall remain in full force and effect as completely as if the part held invalid has not been included therein.
Section 2. Furnishing of Certified Copies. The IPOPHL Financial Management and Administrative Services (FMAS) is hereby directed to immediately file three (3) certified copies of these Rules with the University of the Philippines Law Center, and one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines and the National Library of the Philippines.
Section 3. Effectivity. These Rules shall take effect after fifteen (15) days from publication in a newspaper of general circulation.