New IP law to 'liberalize' right to personal use, not remove it –IPOPHL

Recent amendments to the Intellectual Property (IP) Rights Law would actually allow Filipinos to bring home more copyrighted materials from abroad instead of preventing it, a lawyer from the IP Office of the Philippines (IPOPHL) said, allaying fears that stemmed from a blogger's criticism of the measure last week.

 

In an interview on GMA News' “News To Go” on Wednesday, IP rights lawyer Atty. Louie Calvario said the contested deletion of the “personal use provision” basically allows Filipinos to bring home any number of copyrighted materials as they want, so long as these are “legally bought” and not pirated.

 

According to Section 190 of the unrevised Republic Act 8293, there is no need to seek permission from the copyright owner as long as the material is only for personal use, meaning it “is not for sale but for the use only of any religious, charitable, or educational society or institution duly incorporated or registered, or is for the encouragement of the fine arts, or for any state school, college, university, or free public library in the Philippines.”

 

The same section said Filipinos may take home not more than three materials.

 

But with the updated law, “(a)ng epekto 'nun is pwede na kayong makapagdala ng kahit ilang libro pa, basta iyon is legally binili niyo sa ibang bansa at hindi naman siya pirated,” Calvario said.

 

The amended law was passed by Congress last December 2012 and now awaits President Aquino's signature.

 

Calvario added that the amendments make the law even more “liberal” instead of strict.

 

“Ang intention namin rito is to make it even more liberal po. Yung sinasabi ni Ms. (Raissa) Robles na bawal na ngayong magdala rito even for personal use ng mga libro and other copyrighted materials, hindi po 'yun ang ibig sabihin nung amyenda sa batas,” he said.

 

Investigative journalist and blogger Robles had earlier criticized the law on her website, saying that the amendments removed a consumer's right for personal consumption.

 

Among other things, in the original law, Section 212 states that the economic rights of copyright holders should give way for “the use by a natural person exclusively for his own personal purposes.” But the new version no longer contains this provision, Robles complained.

 

“Just out of curiosity, I did a word search of the phrase “personal purpose” in RA 8293, our present Intellectual Property Code. The phrase was repeated THREE TIMES,” Robles said in her blog (emphasis hers).

 

“I then inserted all the approved congressional amendments to RA 8293 and did the same word search for the phrase “personal purpose”. It’s now ALL GONE,” she added.

 

Calvario shot down the accusations, noting that the new law actually removes stringent copyright rules on intellectual property.

 

Importation right

 

The IP official cited the importation right implied in the the deleted provision that requires one to seek the permission of the holder first before taking home a copyrighted material.

 

“Actually ang batas ngayon nagkakaroon ka ng implied importation right 'dun sa copyright holder. Ibig sabihin 'nun, 'pag magdadala ka rito ng copyrighted materials even for personal use, ang general rule is dapat magpaalam ka muna sa copyright owner,” Calvario said.

 

With the “importation right” removed, “balikbayans” may enjoy their right to do what they want with the copyrighted material as the “buyers,” Calvario said. Under the law, copyright holders only has until the “first public distribution or first sale” to have copyright, he added.

 

“Kapag na-exhaust na ang karapatan ng isang copyright holder, eh pwede nang gawin nung nakabili ng libro niya kahit ano sa libro niya, kahit pag-angkat dito sa Pilipinas,” Calvario said.

 

Right to personal use

 

One of the staunchest critics of the law, UP Law professor and technology expert JJ Disini maintained that there is still a need for the law to be unequivocally clear on the right to personal use.

 

“'Yun ang kagandahan ng Section (190). Specific 'dun na binibigyan ka ng pagkakaton na magpasok ng libro under certain circumstances. Pag tinanggal mo 'yun, hindi na natin alam ngayon, or at least hindi made-determine ng customs officer,” Disini said in the same interview.

 

Disini said copyright holders may require the Bureau of Customs (BoC) to stop the entry of their materials if the law is passed.

 

“Mayroon tayong batas dati, malinaw na nagsasabi na pwede kang mag-import. 'Yan ang gusto nilang tanggalin. Ngayon pag nasa airport ka, kausap mo ang customs officer, nagpapasa ka ng mga libro, sasabihin ng customs officer 'Hindi pwede 'yan.' Infringing yan kasi hindi ka allowed mag-import,” he said.

 

Calvario said they would coordinate with the BoC to prevent this from happening.

 

'Visitorial powers'

 

Disini likewise expressed his fears that the respective agency may search any establishment without a warrant, citing revised Section 7(d) of the law that allows authorities to “conduct visits... to establishments and businesses engaging in activities violating intellectual property rights and provisions of this act based on report, information or complaint received (by authorities)."

 

“Kasi may visitorial rights ang IP office, hindi na nila kailangan ng warrant... Kahit information lang, pwede na silang pumasok. Ibig sabihin 'nun sakaling may mag-tip off sa IP office na may pirated software na ginagamit sa opisina na 'yan... kakatok sila sa pinto sasabihin 'Pwede kaming pumasok kasi may visitorial rights kami 'dun sa batas.' 'Yun po ung nakakatakot,” he said.

 

He noted too that Section 7(d) is unconstitutional. The constitution prevents government agents from entering private spaces such as offices and homes without a warrant issued by a judge.

 

Calvario assured that their deputized agencies would respect constitutional rights.

 

“Sisiguraduhin namin na re-respetuhin lahat ng constitutional limitations sa searches and seizures... Hindi naman sila basta-basta papasok lang sa private dwelling,” he said.

 

Under the new law, the IP office may seek the assistance of the Philippine National Police, the National Bureau of Investigation, Bureau of Customs, Optical Media Board, and local government units. — TJD, GMA News