There is no registration requirement for copyrights. However, a deposit is required in order to complete the collection of the National Library and the Library of the Supreme Court. Deposit with either library is sufficient under the law. By the way, the deposit is not being required for the existence of your copyright because the copyright exists from the moment of creation.

For copyright and related rights, we advice that you join the appropriate collecting society. Starting in January 1998, the Intellectual Property has initiated several meetings with copyright owners, performers and broadcasters to educate them on collective administration as the most efficient means of enforcing their rights. Last January, the Intellectual Property Office of the Philippines was informed that aside from Japan, the Philippines is the only other Asian country that has formed a collecting society for performers.

The following legal remedies are available:

• Judicial: Criminal or Civil Case filed with the Regional Trial Court
• Administrative: at the Bureau of Legal Affairs of the Intellectual Property
• Request for Mediation involving author’s rights: Documentation Information and Technology Transfer Bureau
• Complaint for violation of laws involving IP: Bureau of Legal Affairs if the damages claimed > Php200,000
• Administrative by filing at the Department of Trade and Industry regardless of the amount of damages or if no damages are claimed

The criminal penalties have been drastically increased as a deterrent against IP violation.
They are:

Patents:

Criminal Action for Repetition of Infringement – If infringement is repeated by the infringer or by anyone in connivance with him after finality of the judgment of the court against the infringer, the offenders shall, without prejudice to the institution of a civil action for damages, be criminally liable therefor and upon conviction, shall suffer imprisonment for the period of not less than six (6) months but not more than three (3) years and/or a fine of not less than One hundred thousand pesos (Php100,000) but not more than Three hundred thousand pesos (Php300,000), at the discretion of the court. The criminal action herein provided shall prescribe in three (3) years from the date of the commission of the crime.

Trademarks:

The penalties for infringement, unfair competition, false designation of origin, false description are: fine of Php50,000 to 200,000 and imprisonment from 2 to 5 years.

Copyrights:

The penalties for infringement are:
1st offense – Fine of Php50,000-150,000 and 1 year to 3 years imprisonment
2nd offense – Fine of Php150,000-500,000 and 3 to 6 years imprisonment
3rd and subsequent offense – Fine of Php500,000 to 1.5 M and/or 6 to 9
years imprisonment with subsidiary imprisonment in case of insolvency.

The IP Philippines can impose administrative penalties, including damages, and grant provisional remedies such as attachment and injunction. The administrative penalties are:

• The issuance of a cease and desist order which shall specify the acts that the respondent shall cease and desist from and shall require him to submit a compliance report within a reasonable time which shall be fixed in the order;

• The acceptance of a voluntary assurance of compliance or discontinuance as may be imposed. Such voluntary assurance may include one or more of the following:
   
  • An assurance to comply with the provisions of the violated intellectual property law;
     
  • An assurance to refrain from engaging in unlawful and unfair acts and practices which are the subject of the formal investigation;
     
  • An assurance to recall, replace, repair, or refund the money value of defective goods distributed in commerce; and
     
  • An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case in the Bureau of Legal Affairs.
     
    
    The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a bond to guarantee compliance with his undertaking;
     
• The condemnation or seizure of products which are subject of the offense. The goods seized shall be disposed of as may be deemed appropriate by the Director of Bureau of Legal Affairs, such as by sale,donation to distressed local governments or to charitable or relief institutions, exportation, recycling into other goods, or any combination thereof, under such guidelines as he may provide;
   
• The forfeiture of paraphernalia and all real and personal properties which have been used in the commission of the offense;
   
• The imposition of administrative fines which shall in no case be less than Five thousand pesos (Php5,000) nor more than One hundred fifty thousand pesos (Php150,000). In addition, an additional fine of not more than One thousand pesos (Php1,000) shall be imposed for each day of continuing violation;
   
• The cancellation of any permit, license, authority, or registration which may have been granted by the Office, or the suspension of the validity thereof for a reasonable period of time which shall not exceed one (1) year;
   
• The withholding of any permit, license, authority, or registration which is being secured by the respondent from the Office;
   
• The assessment of damages;
   
• Censure; and
   
• Other analogous penalties or sanctions.

YES.

The Director General of the IP Philippines has exclusive appellate jurisdiction over all decisions rendered by all the Bureau Directors of the IP Philippines.

Decisions of the Director General are appealable to the Court of Appeals and the Supreme
Court.