President Benigno S. Aquino III has signed Republic Act (RA) No. 10372 which amends provision of the Intellectual Property (IP) Code.
Signed on February 28, 2013, RA No. 10372 amends RA No. 8293 or the “Intellectual Property Code of the Philippines.”
Presidential spokesperson Edwin Lacierda said it is important for the public to be made aware of the amendments on intellectual property following concerns raised in social networking sites and the media on the new law.
In a press briefing in Malacañang yesterday, IPO Philippines director general Ricardo Blancaflor said they need to clarify several misconceptions on the amended Intellectual Property Code, including fears that “jailbreaking” or bypassing of codes for using apps or software applications in smartphones or laptops is now a crime.
“Definite no, it’s not a crime. Jailbreaking or bypass of codes is not a crime in the amendment,” he said.
Blancaflor also said that there will be no new restrictions on bringing home books, CDs of DVDs from abroad.
“There is no limitation to bring in original books, CDs and DVDs. In the new code, this restriction has been deleted,” he said, noting that in the old IP Code, an overseas Filipino worker/balikbayan or a returning resident could only bring in one copy for individual use and three copies for use of charitable institutions.
He also said downloading materials from the Internet is not a crime as long as it is not distributed and sold.
The IP Code amendments cover nine sectors, including the creative industries, the blind, brand owners, authors/artists/creators, retailers; publishers; and performers.
“With the new law, the blind can ask for any novel to be translated to Braille without paying anything. This will benefit 500,000 blind and visually impaired Filipinos,” Blancaflor said.
Protection to audio-visual performances will be extended to sound and audio-visual recording.
“Now, performances, whether song, acting, or broadcasting will now be protected,” he said.
Blancaflor said IPO Philippines is encouraging schools and universities to put up their own IP offices so they could protect their researches.
As for fake items, Blancaflor said the IPO has been given enforcement powers to inspect warehouses or stores, together with the Optical Media Board (OMB) and the Bureau of Customs (BoC).
“The Philippines is a country endowed not only with rich natural resources but gifted with truly creative and world class artists, designers, etc. Many countries are pushing for creative individuals, most we can do is to provide legal framework where creative individuals are nurtured and protected,” Blancaflor said.
The IPO chief said that from 2010 to 2012, the Philippine government has seized about P90-billion worth of fake and pirated items.