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under copyright law. Copyright vests from the moment of creation; and registration
is one of the ways to prove authorship, although this is not exclusive.
a. The Commission thru the relevant government cultural agency, shall assist
in identifying works and attributing authorship, and further shall be
responsible for maintaining and populating this registry;
b. The Commission shall assist claimants and relevant government agencies in
resolving conflicts of ownership and attribution who will give permission to
people who wish to use the work upon discovery of the same in the database;
c. The Commission shall assist relevant government agencies in the
prosecution of unauthorized use of intellectual property of indigenous
peoples.
SECTION 13. Free, Prior and Informed Consent. - Free, prior and informed consent
for the use of indigenous peoples' intellectual property should be articulated by a
defined authority that is provided with a circumscribed jurisdiction, associated with
the culture of an ethno-linguistic group. The corresponding elected official, as the
case may be, assisted by cultural experts, shall dispense the required free, prior and
informed consent for the item(s) in question for the concerned intellectual property
owners.
SECTION 14. Indigenous communal copyright (intellectual property) owners may
designate a society with legal personality to act in their behalf to enforce their
economic and moral rights;
SECTION 15. Royalties. - Indigenous communal copyright (intellectual property)
owners shall be compensated for the use of their work. The amount, process of
collecting and distributing this royalty and other pertinent details will be
determined by the Commission.
SECTION 16. Appropriations. - For the initial implementation of this Act, the
amount of fifty million pesos (Php 50,000,000) is hereby appropriated and shall be
sourced from the President's Contingent Fund.
SECTION 17. Implementing Rules and Regulations. - The Commission, in
consultation with other relevant government cultural agencies mentioned in this
Act, shall promulgate the implementing rules and regulations within ninety (90)
days after the effectivity of this Act.
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