On Tuesday, April 26, the world celebrated Intellectual Property (IP) Day. Since the Philippines is not spared from digital piracy, several groups demand for the enactment of IP rights protection law. Although there are currently two laws covering digital piracy, Republic Act 10175 is one of them, the country does not have specific legislation that will penalize those who violate anti-piracy law.
Aside from the two existing laws, there is another bill being proposed that can be fused into the current laws covering digital piracy. House Bill 6187 or better known as the Anti-Online Piracy Act was waiting for enactment. It has been filed in 2012 and the bill puts more emphasis on the protection of IP rights.
Due to the access of Internet users to various sources of information, anything can be copied in a few clicks. Even though the violation of the current laws is evident, the agencies’ hands are tied because there are no formal complaints being filed. As of 2011, there are only 15 digital piracy convictions made. For five years, there are only a total of 15 cases of digital piracy and this is because of the lack of stricter enforcement of anti-piracy law. Here’s an overview of the laws covering digital piracy:
Republic Act No. 8293
“Sec. 2. Declaration of State Policy. - The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It 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 periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.”
Republic Act No. 10175
“SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.”
