RELATED LAWS ON INTELLECTUAL PROPERTY

1. OPTICAL MEDIA ACT OF 2003 (RA 9239)

“ An Act Regulating optical Media, Reorganizing For This Purpose The Videogram Regulatory
Board, Providing Penalties Therefor, And For Other Purpose.”

Optical Media- it is a storage media that hold content in digital form and that are written and
read by a laser; these media include all the various CD and DVD variations, as well as optical
jukeboxes and autochangers.

 Signed into law February 10, 2004

 The purpose of the law is to regulate mastering, manufacture, replication, and
exportation of optical media in all forms.
 The law imposes licensing and registration requirements on any person or entity
who intended to engage in any of the following businesses:
a) Importation, exportation, acquisition, sale or distribution of optical media,
manufacturing equipment, parts and accessories and manufacturing
materials used or intended for use in the mastering, manufacture or
replication of optical media;
b) Possession or operation of manufacturing equipment, parts and
accessories, or the possession acquisition, sale or use of manufacturing
materials for the mastering, manufacture or replication of optical media;
c) The mastering, manufacture, replication, importation or exportation of
optical media.
 The law actually was brought about by the obsolescence of two things- the magnetic
media such as Video Home System (VHS) replaced by optical media and VRB’s mandate,
hence the expanded power of OMB.

 Penalty
1) 3-6 years imprisonment, and a fine of 500,000.00- 1,500, 000.00, at the
discretion of the court.
2) 1-3 years imprisonment, and a fine of 100,000.00- 500,000.00, at the discretion
of the court.
3) 30- 90 days imprisonment, and a fine of 25,000.00- 50,000.00, at the discretion
of the court.
2. ANTI- CAMCORDING ACT OF 2010 (RA 10088)
“An Act To Prohibit And Penalize The Unauthorized Use, Possession And/Or Control Of Audiovisual
Recording Devices For The Unauthorized Recording Of Cinematographic Films And Other
Audiovisual Works And/Or Their Soundtracks In An Exhibition Facility, Providing Penalties
Therefor And For Other Purposes.”

 Approved on May 13, 2010

 The purpose of the law is to prevent certain acts that constitute as unauthorized
possession, use and/or control of audiovisual recording devices by penalizing the same.
 The law makes it unlawful for any person at a time when copyright subsists in a
cinematographic film or other audiovisual work or its soundtrack and without the
authorization of the copyright owner or exclusive licensee.
 The law provides that it shall not be a defense that the transmission or making of the
copy of the cinematographic film or other audiovisual work or its soundtrack, or any
parts thereof was, for private or domestic purposes or in connection with a fair use deal.

3. INVENTORS AND INVENTION INCENTIVES ACTS (RA 7459)

“An Act Providing Incentives To Filipino Inventors and Expanding The Functions Of The
Technology Application And Promotion Institute, Appropriating Funds Thereof, And For Other
Purposes.”

 The law declared as national policy to give priority to invention and its utilization on the
country’s productive systems and national life, and to this end provide incentives to
inventors and protect their exclusive right to their invention, particularly when the
invention is beneficial to the people and contributes to national development and
progress.

Invention- any patented machine, product, process including implements or tools and other
related gadgets of invention, utility model and industrial design patents.

Inventor- patentee, heir, assignment, of an invention letters patent, utility model letters, or
industrial design letters patent.