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IP CODE - Republic Act No 8293

An act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes



Outline of the
Intellectual Property Code
(Republic Act No 8293)

1 Protected Works
2 Excluded Works
3 Territorial Coverage
of Copyrights
4 Scope of Copyright Protection
5 Ownership of Copyright
6 Transfer of Assignment
of Copyright
7 Limitations on Copyright
8 Length of
Copyright Protection
9 Copyright Enforcement
10 Penalties for Infringement
11 International Registration
of Works
12 Border Control

UNPROTECTED WORKS. Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to

  1. any idea,
  2. procedure, system, method or operation,
  3. concept,
  4. principle,
  5. discovery or
  6. mere data as such, even if they are expressed, explained, illustrated or embodied in a work; (SEE COMPILATION RIGHTS above)
  7. news of the day and other miscellaneous facts having the character of mere items of press information; or
  8. any official text of a legislative, administrative or legal nature, as well as any official translation thereof (n) SECTION 175

WORKS OF GOVERNMENT. A "work of the Government of the Philippines" is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as a part of his regularly prescribed official duties. (SECTION 171.11) No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (SECTION 176.1) (Sec. 9, first par., P.D. No. 49)

176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the Government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner. (Sec. 9, third par., P.D. No. 49)

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