SUB..

IECT: RULES AND REGULATIONS ON COPYRIGHT REGISTRATION

AND DEPOSIT

Whereas , the Intellectual 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 the 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 (MOA) 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 maintained 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 Term s.

a. Assignee - a person or entity to which the author or copyright holder has

assigned the copyright in whole or in part . Within the scope of the
assignment, the assignee is entitled to all the rights and remedies which the
assignor had with respect to the copyright.

b. Author or Creator - natural person 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

In lell e c fual Property C e n te r, 28 Up p er Mckin ley Ro a d , Mckinley Hill To wn Cen te r

Fort Bon ifaci o , Tagu ig C ity 1634 Philippines

T: +632-2386300 • F: +63 2-7980114 • w w w .ip ophil.g o v .p 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 campa igns 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 rece ive the applications.

i. 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, i.e., 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 , i.e., 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 res ident 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 ch ildren) , 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 ind icating 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 (i.e ., with authority to sign in

behalf of) another person/entity:

(i) for representatives of natural persons : special power of attorney ;

(ii) for representat ives of juridical persons: board resolution or secretary's
certificate;

d. Official receipt of the filing fee , or val idated 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 electron ic copy submitted
other writings online or in a storage
medium
B Periodicals, newspapers, journals , Two (2) original copies or an
diaries, magazines, e-z ines , electronic copy submitted
online or in a storage
med ium
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 mus ic 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 desiqn
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 recordinqs
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
a 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. classles 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 copyright 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.

RULE V

FINAL PROVISIONS

Section 1. Separability Clause. If any section or provis ion 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 .

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