FAQs on the amendments to the Intellectual Property Code of the Philippines

Republic Act No. 10372, signed on February 28, 2013, amends certain provisions of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines. The following are some frequently asked questions about these amendments, and some short answers. [Click here for an infographic version] AmI still allowedto importbooks,DVDs,and CDsfromabroad? Yes. In fact, the amendments to the Intellectual Property Code have removed the original limitation of three copies when bringing legitimately acquired copies of copyrighted material into the country. Only the importation of pirated or infringed material is illegal. As long as they were legally purchased, you can bring as many copies you want, subject to Customs regulations. Is the reproductionof copyrightedmaterialfor personalpurposespunishableby this law? No. Infringement in this context refers to the economic rights of the copyright owner. So, if you transfer music from a lawfully acquired CD into a computer, then download it to a portable device for personal use, then you didnt commit infringement. But if, for example, you make multiple copies of the CD to sell, then infringement occurs. Is the possessionof, for example,a musicfile procuredthroughan infringingactivitya violationof this law? Only if it can be proven that the person benefitting from the music file has knowledge of the infringement, and the power and ability to control the person committing the infringement.
[*] Is jailbreakingor rooting my phoneor deviceillegal?

No. Jailbreaking or rooting by themselves are not illegal. However, downloading pirated material, or committing infringement with a jailbroken phone increases the penalty and damages imposed on the person found guilty of infringement. Are mall ownersliable for infringementactivitiesof their tenants? Mall owners are not automatically penalized for the infringing acts of their tenants. When a mall owner or lessor finds out about an infringement activity, he or she must give notice to the tenant, then he or she will be afforded time to act upon this knowledge. As stated above, the law requires that one must have both proven knowledge of the infringement, and the ability to control the activities of the infringing person, to be held liable. The mall owner must also have benefitted from the infringement.

Is it legal for the Intellectual Property Office (IPO) to visit businesses to conduct searches based on reports, information,and complaints? The IPO may visit establishments based on reports and complaints; this in itself is constitutional. However, if the IPO intends to perform a search and seizure, it must comply with constitutional requirements, such as having a search warrant. A warrant wouldnt be required, however, if the IPO is accompanied by the Bureau of Customs or the Optical Media Boardtwo agencies that can perform a search and seizure on their own right without a warrant (per Republic Act No. 1937 and 9239, respectively). The procedure and safeguards for this are to be spelled out in the Implementing Rules and Regulations. Footnotes ( returns to text) 1. Jailbreaking (for iOS) and rooting (for Android) are examples of decompilation, the process of removing the vendor-imposed limitations of tablets, mobile devices and other electronic gadgets. Though not illegal, decompilation may be in violation of your operating systems terms of use, and therefore may void your warranty.
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