“(ii) Having reasonable ground to know that it will induce, enable, facilitate or conceal
the infringement, remove or alter any electronic rights management information from a
copy of a work, sound recording, or fixation of a performance, or distribute import for
distribution, broadcast, or communicate to the public works or copies of works without
authority, knowing that electronic rights management information has been removed or
altered without authority.
“216.2. In an infringement action, the court shall also have the power to order the
seizure and impounding of any article which may serve as evidence in the proceedings,
in accordance with the rules on search and seizure involving violations of intellectual
property rights issued by the Supreme Court. (Sec. 28. P.D No. 49a)
“The foregoing shall not preclude an independent suit for relief by the injured party by
way of damages. Injunction, accounts or otherwise.”
Sec. 23. Section 217.2. of Republic Act No. 8293 is hereby amended to read as follows:
“217.2. In determining the number of years of imprisonment and the amount of fine, the
court shall consider the value of the infringing materials that the defendant has
produced or manufactured and the damage that the copyright owner has suffered by
reason of the infringement: Provided. That the respected maximum penalty stated in
Section 271.1. (a), (b) and (c) herein for the first, second third and subsequent offense,
shall be imposed when the infringement is committed by:
“(a) The circumvention of effective technological measures;
“(b) The removal or alteration of any electronic rights management information from a
copy of a work, sound recording or fixation of a performance by a person knowingly and
without authority; or
“(c) The distribution, importation for distribution, broadcasting, or communication to the
public of works or copies of works, by a person without authority knowing that electronic
rights management information has been removed or altered without authority.”
Sec. 24. Section 218.1. of Republic Act No. 8293 is hereby amended to read as follows:
“Sec. 218. Affidavit Evidence.
“(c) The copy of the work or other subject matter annexed thereto is a true copy thereof.
“The affidavit shall be admitted in evidence in any proceeding under this Chapter and
shall be prima facie proof of the matters therein stated until the contrary is proved, and
the court before which such affidavit is produces shall assume that the affidavit was
made by or on behalf of the owner of the copyright.”
Sec. 25. A new Section 220A shall be inserted after Section 220.2 of Republic Act No.
8293 to read amended as follows:
“Sec 22A. Disclosure of Information. – Where any article or its packaging or an
implement for making it is seized or detained under a valid search and seizure under
this Act is, or is reasonably suspected to be by any authorized enforcement officer in
violation of this Act, the said officer shall wherever reasonably practicable notify the
owner of the copyright in question or his authorized agent of the seizure or detention as
the case may be.”
“Sec. 226. Damages. – No damages may be recovered under this Act after the lapse of
four (4) years from the time the cause of action arose. (Sec. 58. P.D No. 49).”
Sec. 27. Chapter XX of Republic Act No. 8293 is hereby amended by adding a new
section at the end thereof to be denominated as Section 230, to read as follows:
“Sec. 230. Adoption of Intellectual Property (IP) Policies. – Schools and universities
shall adopt intellectual property policies that would govern the use and creation of
intellectual property with the purpose of safeguarding in the intellectual creations of the
learning institution and its employees, and adopting locally-established industry practice
fair use guidelines. These policies may be developed in relation to licensing agreements
entered into by the learning institution with the collective licensing organization.”
Sec. 28. Section 230 of Republic Act No. 8293 is hereby renumbered as Section 231,
all succeeding sections of the same Act are hereby renumbered accordingly.
Sec. 29. Implementing Rules and Regulations. – Within on hundred eighty (180) days
from the effective of this Act, the Intellectual Property Office, in consultation with the
National Book Development Board, the National Library, the Supreme Court Library and
other relevant agencies, shall promulgate the regulations necessary to effectively
implement the provision of this Act.
Sec. 30. Repealing Clause. – All laws, decrees, executive orders, issuances or
regulations inconsistent which the provisions of this Act hereby revised or amended
accordingly.