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Revised Rules and Regulations on Copyright Registration and Recordation of Transfer, Assignment and License of Copyright, Memorandum Circular No. 2020-025, Series of 2020
법률 · key ph-wipo-23019 · 기준일 2026-03-25
조문 1 - 전문
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INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES ...!.. IPOPHL MEMORANDUM CIRCULAR NO. 2020- 0 2·5 SUBJECT: REVISED RULES AND REGULATIONS ON COPYRIGHT REGISTRATION AND RECORDATION OF TRANSFER, ASSIGNMENT AND LICENSE OF COPYRIGHT WHEREAS, Section 13, Article XIV of the 1987 Constitution declares that "[t]he State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law"; WHEREAS, the State enacted Republic Act No. 8293, the Intellectual Property Code of the Philippines (IP Code), as amended, in pursuit of the above policy; WHEREAS, Sec. 191 of the IP Code, as amended by Sec. 16 of Republic Act No. 10372, provides for the registration and deposit of works with the National Library and the Supreme Court Library at any time during the subsistence of the copyright WHEREAS, in a Memorandum of Agreement (MOA) signed on January 25, 2011, the National library of the Philippines (NLP) deputized the IPOPHL as a receiving office for the registration and deposit of copyrighted works as well as documents pertaining to deeds of assignment or transfer; WHEREAS, there is a need to revise and update the existing Rules and Regulations on Copyright Registration and Deposit as contained in Office Order No. 13-171 (2013} in order to streamline and facilitate the registration of works; NOW, THEREFORE, pursuant to the foregoing, the following rules and regulations are hereby adopted: RULEI GENERAL PROVISIONS
Section 1
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Short Title. - These Rules and Regulations shall be referred to as the "Revised Rules on Copyright Registration."
Section 2
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Scope. - These Rules and Regulations shall apply to manual and online registration of copyrighted works and the recordation of deeds of assignment, transfer and exclusive license of copyright, before the IPOPHL. They may be adapted mutatis mutandis by the National Library of the Philippines (NLP). This rule shall not affect the-system of deposit of works in the field of law maintained by the Supreme Court Library.
Section 3
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Definition of Terms. - The following terms as used in this Rule are defined as follows: 3.1 "Assignee" - the person or entity to which the author or copyright holder has assigned the copyright in whole or in part. Within the scope of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright; www.ipophil.gov.ph O Intellectual Property Center #28 Upper McKinley Road C:) mail@ipophil.gov.ph Mckinley Hill Town Center 8 .-632-2386300 Fort Bonifacio. Taguig City II +632-5539480 1634 Philippines 3.2 "Assignment" or 'Transfer'' - the transfer, in whole or in part, by the author or copyright owner of his economic right over a literary, artistic or scientific work. Assignment or transfer involves a transfer of copyright ownership; 3.3 ''Author" or "Creator" - the natural person who has created the work; 3.4 "Bureau" or "BCRR" - the Bureau of Copyright and Other Related Rights of the Intellectual Property Office of the Philippines; 3.5 "Copyright" - the right granted by a statute to the proprietor of a literary, artistic or scientific work to its exclusive use and enjoyment to the extent specified in the statute; 3.6 "Deposit" -the act of submitting original or copies of a work to the Bureau; 3.7 "Director'' - the Director of the Bureau of Copyright and Other Related Rights of the Intellectual Property Office of the Philippines; 3.8 "Director General"- the head of the Intellectual Property Office of the Philippines; 3.9 "Heir" - the person called to the succession either by the provision of a will or by operation of law; 3.1 O "License" - a contract by which a copyright owner allows the use and exploitation of his work for a fee, without transferring ownership of the copyright thereof to another person called the licensee; 3.11 "Office" -the Intellectual Property Office of the Philippines; 3.12 "Recordation" - the act of putting into the official records of the Bureau of the transfer or assignment of or the exclusive license over a work without depositing the work itself; 3.13 "Registration" - the process by which an author or creator submits a claim over a work by filing the required documents and by depositing the work itself with the Bureau; 3.14 "Storage Medium" - a device that serves as container of electronic data including, but not limited to, universal serial bus (USB) flash drives, optical discs, magnetic tapes or such other device that may be developed in the future; RULE II REQUIREMENTS FOR COPYRIGHT REGISTRATION
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Who may Apply. - The author or creator of the work may apply for a certificate of copyright registration. In case of death of, or assignment by, the author or creator, the heir or the assignee, as the case may be, may apply for a certificate of registration.
Section 2
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How Application is Made. - The application for registration and the payment of the filing fee therefor, shall be made in person or online, by the author, heir, or assignee as the case may be, or through his duly authorized representative to the IPOPHL. In case the applicant for registration is a non-resident, application may be made by a duly authorized resident agent.
Section 3
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Registration Form. 3.1 Single Registration - All applicants for copyright registration shall accomplish and file the prescribed Registration Form (RF). The RF shall be filed in three (3) copies for each work sought to be registered. 3.2 Bulk Registration - Authors may apply for the registration of their works in bulk provided all of the conditions below are satisfied. A certificate of registration shall be issued for each work and will be charged the applicable registration fee for each work. a. The works to be registered must not be less than ten (1 O); b. All the works must fall under the same category; and c. All the works must be created by the same author or the same joint authors.
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Additional Documentary Requirements. - In addition to the RF, applicants other than the author or creator shall also submit the original or certified true copy of the following documents: 4.1 Ownership documents: 4.1.1 For Heirs- Documents establishing the heir's right of succession: a. The death certificate of the author or creator; b. Applicant's birth certificate, marriage certificate, or other documents establishing applicant's relationship to the deceased author or creator; c. Will or any document evidencing designation as heir, if applicable. 4.1.2 For Assignees - Documents establishing assignment of rights: a. The Deed of Assignment; b. The author or creator's waiver of ownership of copyright; and c. Other documents evidencing transfer of ownership to the assignee. 4.1.3 For Representatives - Documents establishing the fact that applicant is authorized by the author, heir or assignee to file an application for copyright registration and deposit of the work: a. A special power of attorney, if representing a natural person; b. A Board Resolution or a Secretary's Certificate, if representing a juridical person. 4.2 Identification documents 4.2.1 For natural persons - any competent evidence of identity, which refers to the identification of an individual based on: a. One (1) valid identification card bearing the photograph and signature of the individual; or b. Oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification. 4.2.2 For juridical persons - certificate of registration issued by the Securities and Exchange Commission (for partnerships or corporations) or business name registration issued by the Department of Trade and Industry (for single proprietorships and only if the author is other than the owner of the single proprietorship). In the case of foreign juridical persons, certificate of registration issued by the Securities and Exchange Commission or equivalent government agency in the foreign jurisdiction in charge of registration of proprietorships, partnerships and corporations. The certificate must be duly authenticated or apostilled. 4.3 Official receipt of the filing fee. 4.4 Work to be deposited in the manner provided in Section 5 hereof.
Section 5
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Manner of Depositing. - The works shall deposited in the following manner: 5.1 Two (2) originals or an electronic copy submitted in a storage medium for the following works: a. Books, pamphlets, articles, e-books, audio books, comics, novels, and other writings; b. Periodicals, newspapers, journals, diaries, magazines, e-zines; c. Lectures, sermons, addresses, speeches, dissertations prepared for oral delivery; d. Letters, circulars, encyclicals, e-mail and other electronic messages; e. Dramatic or dramatico-musical compositions, plays, operas, choreographic works, pantomimes, magic routines and other novelty acts; f. Musical compositions with or without lyrics; g. Audio-visual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; h. Computer programs/software/e-games/applications; i. Other literary, scholarly, scientific and artistic works, including reports, studies, researches, theses, and other academic papers, examinations, online course materials, and presentations; j. Sound recordings; and k. Broadcast recordings. 5.2 Two (2) SR photographs, or two (2) copies of the work, or an electronic copy submitted in a storage medium : a. Drawings, paintings, architectural works, sculpture, engraving, prints, lithography or other works of art, models or designs for works of art; b. Ornamental designs or models for articles of manufacture and industrial objects, and other works of applied art; c. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; d. Drawings or plastic works of a scientific or technical character; e. Photographic works incl:uding works produced by a process analogous to photography, lantern slides; and f. Pictorial illustrations and advertisements. RULE Ill PROCEDURE FOR MANUAL REGISTRATION
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Review of RF. After submission of the prescribed RF and other required documents, as provided under Rule II above, the application shall be reviewed for: 1.1 Proper categorization of the work; 1.2 Completeness of the documents submitted; and 1.3 Correctness and consistency of the entries in the RF and the supporting documents.
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Issuance of Statement of Account. - Upon a finding that all the requirements for copyright registration are in order, the applicant shall be issued a Statement of Account (SOA) and shall be directed to pay the prescribed filing fee with the cashier.
Section 3
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Encoding, Scanning and Uploading of Application. 3.1 Upon showing of the proof of payment of filing fee, an RF number shall be generated, indicating the date of filing thereof; 3.2 After generating the RF number, the bibliographic entry of the work shall be encoded in the copyright database; 3.3 Scanned copies of the required documents, including the SOA and the official receipt shall also be included in the database; 3.4 The encoded data shall be reviewed for quality control.
Section 4
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Release of Certificate. - The Certificate of Registration shall be released to the applicant within seven (7) working days from filing of the RF with complete documents.
Section 5
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Allowable Amendments/Corrections. - All information written in the RF concerning the ownership of copyright, authorship and title of the work shall be deemed final and shall be reflected in the certificate. No correction shall be made in the RF and the certificate o'f registration unless: 5.1 The correction sought is substantial in nature; 5.2 A written request is filed; and 5.3 The prescribed filing fee is paid.
Section 6
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Contents of the Certificate. - The Certificate of Registration shall contain the following : 6.1 Name of the applicant or copyright holder 6.2 Title of the work 6.3 Name of the author 6.4 Category where the work belongs 6.5 Date of creation 6.6 Period of protection 6.7 Signature of the Director of the Bureau of Copyright 6.8 Statement that the registration and deposit is made for the purpose of completing the records of the National Library. RLILEIV DENIAL OF APPLICATION AND REMEDIES
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Denial of application. - An application for copyright registration may be denied by the Bureau Director if: 1.1 The work does not fit the statutorily defined categories of works under the copyright law; and 1.2 The work is the subject of a prior registration.
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Appeal. - The decision of the Bureau Director shall be appealable to the Director General following the IPOPHL Uniform Rules on Appeal. RULEV POST-REGISTRATION
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Transmittal of Deposited Works to the National Library of the Philippines (NLP) - The Bureau shall have temporary custody of all the deposited works and shall transmit the same to the NLP on a semi-annual basis.
Section 2
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Cancellation of Certificate. - The Bureau Director may, upon written request by an interested party and upon payment of applicable fee equivalent to the application fee, cancel the Certificate of Copyright Registration covering a specific work on the following grounds: 2.1 Upon a final court decision ordering the cancellation of the certificate; 2.2 By final order of the Director of the Bureau of Legal Affairs of the IPOPHL in copyright infringement cases; or 2.3 Upon recordation of the assignment or transfer as provided under Rule VII hereof or under the rules of the NLP;
Section 3
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Certified True Copy (CTC) of the Certificate. - A certified true copy of the Certificate of Copyright Registration may be issued by the BCRR upon written request of the copyright owner or any interested party, and upon payment of the applicable fee.
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Reissuance of the Certificate. - The Certificate of Copyright Registration may be reissued by the BCRR upon written request of the copyright owner and upon payment of the applicable fee. A duly notarized affidavit of loss shall be attached to the written request for reissuance of the certificate.
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Request for Certifications other than CTC and Reissuance. Upon written request by any interested party, a certification on the existence or non-existence of Copyright Registration under the name of a specific person or entity shall be issued upon payment of the applicable fee.
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Administration of Copyright Registration Database. -The NLP and IPOPHL shall jointly administer the copyright registration database. RULE VI COPYRIGHT ONLINE 'REGISTRATION AND DEPOSIT SYSTEM (CORDS)
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Online Accomplishment of Forms. - The copyright holder shall fill-out the RF in the IPOPHL website: www.ipophil.gov.ph.
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Submission of Supporting Documents. - The applicant shall upload a digital copy of the work and other supporting documents as required under Rule II, Section 4 above.
Section 3
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Payment ofApplicable Fees. -The IPOPHL website will prompt the copyright holder or his/her representative to pay the filing fee online using acceptable payment methods. An electronic receipt will be delivered through the copyright holder's registered electronic mail after the payment is processed.
Section 4
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Release of Certificate. - The Bureau will cause the preparation of the electronic certificate and send to the copyright holder through his official email address on record. The Bureau shall employ technological protection measures to safeguard the integrity and authenticity of the electronic certificate.
Section 5
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Transmittal of Deposited Works to NLP. - The Bureau shall transmit the deposited works electronically to the I\JLP on a semi-annual basis. RULE VII RECORDATION OF COPYRIGHT TRANSFER, ASSIGNMENT AND LICENSE
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Who may Apply. - The author or creator of the work, his transferee, assignee or licensee may apply for the recordation of copyright transfer, assignment or exclusive license. The heirs, in case of death of any the interested parties mentioned, may apply for copyright recordation.
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How Application is Made. - The author, heir, assignee, transferee or the exclusive licensee as the case may be, or through his duly authorized representative to the IPOPHL, may file the application for copyright recordation either manually or by electronic means. In cases of manual application where the applicant for recordation is a non-resident, application may be made by a duly authorized resident agent.
Section 3
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Required documents. 3.1 Copyright Recordation Form 3.1.1 Single Recordation All applicants for recordation of copyright transfer, assignment or exclusive license shall accomplish and file the prescribed Copyright Recordation Form (CRF). 3.1.2 Bulk Recordation - Interested parties may apply for the copyright recordation of the transfer, assignment or exclusive license of their works in bulk provided all the following the conditions are satisfied: a. The deeds to be recorded must not be less than 1O; and b. The transferee, assignee or exclusive licensee must be the same person. 3.2 Three (3) copies of the notarized Deed of Assignment, Transfer or Exclusive License.
Section 4
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Notation. - Upon recording, a copy of the instrument shall be returned to the party concerned with a notation of the fact of record.
Section 5
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Publication of Recordation. - Notice of the record shall be published in the IPOPHL E-Gazette. RULE VIII FINAL PROVISIONS
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Amendment. - All rules and regulations, office orders, memoranda, circulars and memorandum circulars or parts thereof, and other issuances of the Office inconsistent with these rules are hereby deemed repealed or amended accordingly.
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Separability. - If any provision in these Regulations or application of such provision to any circumstance is held invalid, the remainder of these Regulations shall not be affected thereby.
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Furnishing of Certified Copies. - The IPOPHL Administrative, Financial and Human Resource Development Service Bureau is hereby directed to immediately file three (3) certified copies of these rules with the Office of the National Administrative Register of the University of the Philippines Law Center.
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Effectivity. - These rules and regulations shall take effect -fifteen (15) days after publication in a newspaper of general circulation. However, Rule VI of this IRR shall take effect after fifteen (15) days from the issuance of a notice by this Office that the Copyright Online Registration and Deposit System (CORDS) is operational. Done this 3rJ day of J\A\.i , 2020, at Taguig City, Philippines.