copyright law

PHOTOCOPYING:

A WAY OF LIFE IN UPD

SYSTEM

Now bring you…

LEGAL ISSUES

on

COPYRIGHT LAW

RA 8293

| Copyright Law

By: Jesame Domingo | Raissa |

WHAT

IS VIOLATED

BOOKS

ADOPT

ARE

It's called the Intellectual Property Code of the

Philippines, or Republic Act No. 8293, specifically the

Law on Copyright.

• is enshrined in the Intellectual Property Code of the Philippines, officially known as Republic Act No. 8293.

• law is partly based on United States copyright law • principles of the Berne Convention for the Protection of Literary and

Artistic Works. • also protect patents, trademarks, and other forms of intellectual

property. • There are laws that protect copyrights: the Optical Media Act (which

protects music, movies, computer programs, and video games) is an example of such.

• enforced through a body established by the law: the Intellectual Property Office, or IPO, and its various branches.

• implementation is done with the coordination of the IPO and the Copyright Division of the National Library of the Philippines.

Philippine Copyright Law

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LEGAL ACTION

on

COPYRIGHT

INFRINGEMENT

The Intellectual Property Code gives the power of mediating copyright problems (before, during, and after the copyright application process) to a bureau of the Intellectual Property Office known as the Bureau of Legal Affairs, as covered by Section 10 of the code. This body is empowered with the following functions: 1. Hear objections on items being applied for copyright 2. Address copyright violations where damages are no less than 200,000 pesos

a. Give the following penalties for copyright violations: i. Issue cease and desist orders which have a fixed time where the

copyright violator must stop violating the copyright being infringed ii. Accept voluntary orders of compliance or discontinuance as ordered by

the Director of Legal Affairs which must consist of the following: iii. Assurance to comply with the intellectual property law violated iv. Assurance to refrain from unlawful activity on the case being

investigated v. Assurance to refund, replace, recall, or repair defective products vi. Assurance to reimburse the complainant (usually the copyright holder)

of all charges, fees, and payments related to the case

vii. Seizure of the products that have been subject to infringement viii. Forfeiture of all paraphernalia and properties (whether real or personal) involved with the infringement ix. Imposition of administrative of fines no less than 50,000 pesos but no more than 300,000 pesos. For every day of continued violation, a fine of 5,000 pesos is imposed. x. Cancellation of any document (permit, registration, etc.) attributed to the product at the discretion of the Director of Legal Affairs xi. Withholding of any document pending approval of the Bureau from the respondent (the copyright violator) xii. Assessment of damages xiii. Censorship of the product xiv. Other penalties in line with Executive Order 983 (1983)

3. The power to implement this section

References:

• The Lawphil Project. 6 June 1997. Republic Act No. 8293. 9 May 2011. <http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html>

• The Lawphil Project. 6 June 1997. Republic Act No. 8293. 9 May 2011. <http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

End http://ipophil.gov.ph