Outline
of the
Intellectual Property Code
(Republic Act No 8293)
THE LAW ON COPYRIGHT |
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Criminal Penalties. — 217.1. Any person infringing
any right secured by provisions of Part IV of this Act
or aiding or abetting such infringement shall be guilty
of a crime punishable by:
- Imprisonment of one (1) year to three (3) years
plus a fine ranging from Fifty thousand pesos (P50,000)
to One hundred fifty thousand pesos (P150,000) for
the first offense.
- Imprisonment of three (3) years and one (1) day
to six (6) years plus a fine ranging from One hundred
fifty thousand pesos (P150,000) to Five hundred thousand
pesos (P500,000) for the second offense.
- Imprisonment of six (6) years and one (1) day to
nine (9) years plus a fine ranging from five hundred
thousand pesos (P500,000) to One million five hundred
thousand pesos (P1,500,000) for the third and subsequent
offenses.
- In all cases, subsidiary imprisonment in cases
of insolvency.
217.2. In determining the number of years of imprisonment
and the amount of fine, the court shall consider the
value of the infringing materials that the defendant
has produced or manufactured and the damage that the
copyright owner has suffered by reason of the infringement.
Any person who at the time when copyright subsists
in a work has in his possession an article which he
knows, or ought to know, to be an infringing copy of
the work for the purpose of: (SECTION 217.3)
- Selling, letting for hire, or by way of trade offering
or exposing for sale, or hire, the article;
- Distributing the article for purpose of trade,
or for any other purpose (FREE DISTRIBUTION) to an
extent that will prejudice the rights of the copyright
owner in the work; or
- Trade exhibit of the article in public, shall be
guilty of an offense and shall be liable on conviction
to imprisonment and fine as above mentioned. (Sec.
29, P.D. No. 49a)
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