OFFICE ORDER NO.

_____ Series of 2013 SUBJECT: 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 !"#$, the Intellectual Property %ode of the Philippines (IP %ode)& Whereas, Sec '#' of the IP %ode, as amended by Sec '( of Republic Act No ')$*", pro+ides for the re,istration and deposit of -or.s -ith the National Library and the Supreme %ourt Library at any time durin, the subsistence of the copyri,ht& Whereas, in a /emorandum of A,reement (/OA) si,ned on 0anuary "1, ")'', the National Library of the Philippines (NLP) deputi2ed the IPOPHL as a recei+in, office for the re,istration and deposit of copyri,hted -or.s& Now, therefore, pursuant to the said /OA entered into by the NLP and IPOPHL, the follo-in, rules and re,ulations on copyri,ht re,istration and deposit are hereby adopted3 RULE I GENERAL PROVISIONS Section 1. Title. 4hese rules shall be .no-n as the 5Rules on %opyri,ht Re,istration and 6eposit7 Section . Coverage. 4hese rules shall apply to re,istration and deposit of copyri,hted -or.s -ith the IPOPHL throu,h its Intellectual Property Satellite Offices (IPSOs) and may be adapted mutatis mutandis by the NLP 4hese rules shall not affect the system of deposit of -or.s in the field of la- maintained by the Supreme %ourt Library Section !. 4hese rules shall be liberally construed to carry out the ob8ecti+es of the %onstitution, the IP %ode, and the IPOPHL9NLP /OA Section ". Definition of Terms. a. Assi,nee : a person or entity to -hich the author or copyri,ht holder has assi,ned the copyri,ht in -hole or in part ;ithin the scope of the

assi,nment, the assi,nee is entitled to all the ri,hts and remedies -hich the assi,nor had -ith respect to the copyri,ht ' b Author or %reator : natural person -ho has created the -or. c
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<ureau of %opyri,ht and other Related Ri,hts (<%RR) : bureau -ithin IPOPHL in char,e of copyri,ht matters

d %opyri,ht : ri,ht ,ranted by a statute to the proprietor of an intellectual production to its e=clusi+e use and en8oyment to the e=tent specified in the statute $ e Heir : a person called to the succession either by the pro+ision of a -ill or by operation of la- > f Intellectual Property ?ield Operations @nit (IP?O@) : the unit -ithin IPOPHL that super+ises the operations of the IPSOs 1

, Intellectual Property Satellite Office (IPSO) : field offices of IPOPHL -hich are established in selected areas in the country to pro+ide a base for launchin, public a-areness campai,ns in .ey areas and ma.e technical and ad+isory ser+ices readily a+ailable to enable IP sta.eholders in the re,ions to ensure the effecti+e use of the IP system for protection and commerciali2ation of their IP assets h IPSO ?ield Specialist : IPSO personnel in char,e of recei+in, applications for intellectual property ri,hts ?or purposes of these ,uidelines, this shall also refer to the IP?O@ personnel in /anila assi,ned to recei+e the applications i. Stora,e /edium : de+ice that ser+es as container of electronic data includin,, but not limited to, uni+ersal serial bus (@S<) flash dri+es, optical discs, ma,netic tapes or such other de+ice that may be de+eloped in the future 4echnical 6escription : a brief description of e+ery +ie- of the desi,n or dra-in,, i e , perspecti+e, front, side, top, bottom andAor bac., and indicated -ith correspondin, fi,ure numbers (

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Based on Sec. 180.1, IP Code Sec. 171.1, R.A. No. 8293, Intellectual Propert Code o! t"e P"ilippines #IP Code$ 3 18 C.%.S. Cop ri&"t and 'iterar Propert ( 1, cited in )ootnote *9+ o! C.%. ,a-ide, %r..s ,issentin& /pinion in 0a1ana, et al., -s. Ro1les and 2ood3ill 4radin& Co., Inc. *2.R. No. 131522. %ul 19,1999+ 6 Art. 782, R.A. No. 387, Ci-il Code o! t"e P"ilippines 5 Created under IP/P0' /!!ice /rder No. 72, Series o! 2008. 7 Based on Rule 312.2, Part III #Industrial ,esi&n$, Rules and Re&ulations on 8tilit 9odels and Industrial ,esi&ns

4echnical 6escription : a brief description of e+ery +ie- of the desi,n or dra-in,, i e , perspecti+e, front, side, top, bottom andAor bac., and indicated -ith correspondin, fi,ure numbers * RULE II RE#UIRE$ENTS FOR APPLICATION

Section 1. Who may Apply. 4he author or creator of the -or., his heirs, or assi,nee, may apply for a certificate of copyri,ht re,istration and deposit 4hey may apply in person, or throu,h a duly authori2ed representati+e Non9resident applicants may be represented by a duly authori2ed resident a,ent Section . Documentary re uirements. 4he duly accomplished re,istration and deposit form (R6?) must be filed in duplicate for each -or., to,ether -ith the ori,inal or certified true copy of the follo-in, documents3 ! a 6ocument e+idencin, o-nership of the copyri,ht or the manner of its acBuisition3 (i) for authors or creators3 affida+it under Sec "'! of R A No !"#$, the Intellectual Property %ode of the Philippines (IP %ode)& (ii) for heirs3 affida+it under Sec "'! of IP %ode& death certificate of author or creator& and birth certificate (for children), or marria,e certificate (for spouse), or -illAany document e+idencin, desi,nation as heir (for heirs other than spouse or children)& Pro+ided, that, for heirs other than spouse or children, the aforementioned affida+it shall contain a statement that there are no other e=istin, heirs and a statement indicatin, the relationship -ith deceased author, if related by consan,uinity& (iii) for assi,nees3 affida+it under Sec "'! of IP %ode and deed of assi,nment or any instrument transferrin, or -ai+in, o-nership of copyri,ht& b 6ocument e+idencin, identity of the applicant (i) for natural persons3 any competent e+idence of identity #, -hich refers to the identification of an indi+idual based on3 (a) at least one current identification document issued by an official a,ency bearin, the photo,raph and si,nature of the indi+idual& or
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Based on Rule 312.2, Part III #Industrial ,esi&n$, Rules and Re&ulations on 8tilit 9odels and Industrial ,esi&ns 8 Based on Sec. 3, Rule 7, Cop ri&"t Sa!e&uards and Re&ulations
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(b) oath or affirmation of one credible -itness not pri+y to the instrument, document or transaction -ho is personally .no-n to the notary public and -ho personally .no-s the indi+idual, or of t-o credible -itnesses neither of -hom is pri+y to the instrument, document or transaction -ho each personally .no-s the indi+idual and sho-s to the notary public documentary identification (ii) for 8uridical persons3 certificate of re,istration issued by the Securities and C=chan,e %ommission (for corporations) or certificate of re,istration issued by the 6epartment of 4rade and Industry (for sin,le proprietorships and only if the author is other than the o-ner of the sin,le proprietorship) c 6ocument e+idencin, authority to represent (i e , -ith authority to si,n in behalf of) another personAentity3 (i) for representati+es of natural persons3 special po-er of attorney& (ii) for representati+es of 8uridical persons3 board resolution or secretaryDs certificate& d Official receipt of the filin, fee, or +alidated deposit slip if payment is made throu,h the depositary ban.&

e ;or. to be deposited in the manner pro+ided in No ( beloSection !. !iling !ee A fee structure shall be adopted in accordance -ith the IP %ode and rele+ant la-s or re,ulations 4he filin, fee shall be comprised of a basic fee, -hich includes the fund9in9trust for NLP eBui+alent to fees imposed on copyri,ht re,istrations') and the administrati+e e=penses incurred by IPOPHL An additional fee shall be char,ed to co+er the e=penses of sendin, the deposited -or.s to IPOPHL /anila as -ell as sendin, the certificates directly to the address of the applicant

4he fee co+erin, administrati+e e=penses may be ,ranted by IPOPHL to NLP upon formal reBuest by the latter and appro+al of a pro8ect proposal related to enhancement of copyri,ht ser+ices

In +ie- thereof, the follo-in, schedule of fees shall be adopted3

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Sec. 229, IP Code

Re%e&enc e Co'e

O&i(in

B)*ic Fee +P,PF.n'0in0 t&.*t %o& NLP A'1ini*t&)ti2 e e34en*e* $)) $))

Co.&ie& +P,P-

Tot)/

%)' %)" %)$

/anila Re,ions <ul. -or.s abo+e) (1) and

")) ")) "))

'"1 "1)

("1 *1) "))

Section ". "anner of deposit 4he -or.s shall the deposited in the follo-in, manner3''

%lass ;or.s Included A <oo.s, pamphlets, articles, e9 boo.s, audio boo.s, comics, no+els, and other -ritin,s < Periodicals, ne-spapers, 8ournals, diaries, ma,a2ines, e92ines, Lectures, sermons, addresses, speeches, dissertations prepared for oral deli+ery Letters, circulars, encyclicals, e9 mail and other electronic messa,es 6ramatic or dramatico9musical compositions, plays, operas, choreo,raphic -or.s, pantomimes, ma,ic routines and other no+elty acts /usical compositions -ith or -ithout lyrics

?
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/anner of 6eposit 4-o (") ori,inal copies or an electronic copy submitted online or in a stora,e medium 4-o (") ori,inal copies or an electronic copy submitted online or in a stora,e medium 4-o (") ori,inal copies or an electronic copy submitted online or in a stora,e medium 4-o (") ori,inal copies or an electronic copy submitted online or in a stora,e medium 4-o (") ori,inal copies of the music sheet or an electronic copy submitted online or in a stora,e medium 4-o (") ori,inal copies of the music sheet or an

Based on Rule 5, Cop ri&"t Sa!e&uards and Re&ulations

electronic copy submitted online or in a stora,e medium 6ra-in,s, paintin,s, architectural 4-o (") 1R photo,raphs or -or.s, sculpture, en,ra+in,, prints, an electronic copy litho,raphy or other -or.s of art, submitted online or in a models or desi,ns for -or.s of art stora,e medium Ornamental desi,ns or models for 4-o (") 1R photo,raphs or articles of manufacture and an electronic copy industrial ob8ects, and other -or.s submitted online or in a of applied art stora,e medium, -ith a technical description of the desi,n Illustrations, maps, plans, s.etches, 4-o (") 1R photo,raphs or charts and three9dimensional -or.s an electronic copy relati+e to ,eo,raphy, topo,raphy, submitted online or in a architecture, or science stora,e medium 6ra-in,s or plastic -or.s of a 4-o (") 1R photo,raphs or scientific or technical character an electronic copy submitted online or in a stora,e medium Photo,raphic -or.s includin, 4-o (") 1R photo,raphs or -or.s produced by a process an electronic copy analo,ous to photo,raphy, lantern submitted online or in a slides stora,e medium Audio+isual -or.s and 4-o (") ori,inal copies or cinemato,raphic -or.s and -or.s an electronic copy produced by a process analo,ous submitted online or in a to cinemato,raphy or any process stora,e medium for ma.in, audio9+isual recordin,s Pictorial illustrations and 4-o (") 1R photo,raphs or ad+ertisements an electronic copy submitted online or in a stora,e medium %omputer pro,rams, soft-are, 4-o (") ori,inal copies or ,ames, applications an electronic copy submitted online or in a stora,e medium Other literary, scholarly, scientific 4-o (") ori,inal copies or and artistic -or.s, includin, an electronic copy reports, studies, research, theses, submitted online or in a and other academic papers, stora,e medium e=aminations, online courses, presentations Sound recordin,s 4-o (") ori,inal copies or an electronic copy

<roadcast recordin,s

submitted online or in a stora,e medium 4-o (") ori,inal copies or an electronic copy submitted online or in a stora,e medium

RULE III PROCEDURE FOR REGISTRATION Section 1. Su#mission of Accomplished $D! Applicant personally submits his accomplished R6? to,ether -ith all the other reBuired documents to the IP?O@ (if filed in /anila), or to the proper IPSO (if filed outside of /anila) 4he IPSO ?ield Specialist shall determine the classAes under -hich his -or. can be cate,ori2ed

Section . $evie% of $D! 4he IPSO ?ield Specialist shall carefully re+ie- the correctness of the entries in the R6? and the completeness of the documents submitted Only complete applications complyin, -ith the reBuirements prescribed in No > hereof shall be ,i+en due course

Section !. &ayment of !ee. @pon a findin, by the IPSO ?ield Specialist that all the reBuirements are complete, the applicant shall be directed to pay the prescribed filin, fee Only one filin, fee shall be char,ed for the application of a -or. fallin, under multiple classes A Statement of Account (SOA) shall be ,enerated and issued to the applicant 4he applicant pays the fee at the desi,nated Land <an. branch

Section ". $eception of Documents. @pon sho-in, by the applicant of the +alidated deposit slip, the IPSO ?ield Specialist recei+es the R6? -ith all the attachments, ,enerates the R6? number and the date of filin, An Ac.no-led,ement Receipt (AR) shall be issued in fa+or of the applicant pendin, the release of the OR

Section 5. 'ncoding and Scanning. 4he IPSO ?ield Specialist shall encode the biblio,raphic entry in the database and scan the reBuired documents, includin, the AR, the SOA and the +alidated deposit slip

Section 6. Transmittal to (&!)*. 4he IPSO ?ield Specialist transmits the scanned documents to IP?O@, -hich shall +erify the completeness of the scanned documents in collaboration -ith the <%RR

Section 7. Transmittal to Cashier 4he IP?O@ shall transmit the AR, the SOA and the +alidated deposit slip to the IPOPHL %ashier, for preparation of the OR

Section 8. $elease of Certificate. @pon notification by the IPOPHL %ashier of the release of the OR, the <%RR shall cause the printin, of the %ertificate of Re,istration and 6eposit, -hich shall be released to the applicant after fi+e (1) -or.in, days from filin, of the R6?

Section 9. Allo%a#le Corrections. ;hate+er has been -ritten in the R6? as re,ards the o-nership of copyri,ht, authorship and title of the -or. shall be deemed to be final and shall be reflected in the certificate %orrections in the R6? and the certificate may be allo-ed only if the same is substantial in nature and only upon -ritten reBuest and payment of a fee eBui+alent to the application fee

Section 1:. Contents of the Certificate. 4he %ertificate of Re,istration and 6eposit shall contain the follo-in,3

a name of the applicant or copyri,ht holder b title of the -or. c name of the author

d classAes -here the -or. belon,s e date of creation f period of protection

, facsimile si,nature of the 6irector Eeneral or any IPOPHL official duly authori2ed by him h statement that the re,istration and deposit is made for the purpose of completin, the records of the national library

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statement that a certified true copy of the affida+it of o-nership is attached at the bac. and forms an inte,ral part of the certificate certified true copy of affida+it of o-nership

RULE IV POST0REGISTRATION

Section 1. Transmittal of Deposited Wor+s to ,-& : 4he IPSOs shall transmit the deposited -or.s to the <%RR on a monthly basis 4he <%RR shall ha+e temporary custody of all the deposited -or.s and shall transmit the same to the NLP on a semi9annual basis

Section . Cancellation of Certificate. 4he IPOPHL 6irector Eeneral may, upon -ritten reBuest by an interested party and upon payment of fee eBui+alent to the application fee, cancel the %ertificate of %opyri,ht Re,istration and 6eposit co+erin, a specific -or. on the follo-in, ,rounds3

a @pon a final court decision orderin, the cancellation of the certificate& b <y final order of the 6irector of the <ureau of le,al Affairs of the IPOPHL in copyri,ht infrin,ement cases& c @pon re,istration of deeds of transfers, assi,nments, and other transactions affectin, copyri,ht, includin, transfers by inheritance, con+eyin, copyri,ht o+er a specific -or.&

d @pon e=piration of the term of copyri,ht

Section !. $e uest for Certified True Copy of the Certificate. @pon -ritten reBuest of the copyri,ht o-ner or any interested party, and upon payment of a fee of ?i+e Hundred Pesos (PhP 1))), a certified true copy of a %ertificate of %opyri,ht Re,istration and 6eposit may be issued by the <%RR

Section ". Administration of Copyright $egistration Data#ase : 4he NLP and IPOPHL shall 8ointly administer the copyri,ht re,istration database RULE V

FINAL PROVISIONS Section 1. Separa#ility Clause. If any section or pro+ision of these Rules shall be held to be in+alid, the remainin, pro+isions shall remain in full force and effect as completely as if the part held in+alid has not been included therein Section . !urnishing of Certified Copies. 4he IPOPHL ?inancial /ana,ement and Administrati+e Ser+ices (?/AS) is hereby directed to immediately file three ($) certified copies of these Rules -ith the @ni+ersity of the Philippines La%enter, and one (') certified copy each to the Office of the President, the Senate of the Philippines, the House of Representati+es, the Supreme %ourt of the Philippines and the National Library of the Philippines Section !. 'ffectivity. 4hese Rules shall ta.e effect after fifteen ('1) days from publication in a ne-spaper of ,eneral circulation

ATTY. RICARDO R. BLANCAFLOR Di&ecto& Gene&)/

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