Earlier this week, I was invited by a friend to listen to a
presentation by the Intellectual Property Office-Philippines (IPOPHL) to the
American Chamber of Commerce (AmCham) on the enforcement of intellectual
property rights. IPOPHL Deputy Director General Allan Gepty discussed the
strategic plans of the organization, how it is coordinating with other
government agencies in the implementation of the Intellectual Property Code,
and the challenges faced by the organization in pursuing copyright infringers,
especially in Quiapo and Greenhills. The Americans were grateful to have known that the
government is exerting zealous efforts on protecting the rights of the
investors in terms of the new technology that they introduce into the country
and chasing after those who
attempt or who have been violating the IP Code. According to such presentation,
the foreign investors devote a less amount on litigations because of such
efforts and assistance from the Philippine government.
With the
proposals in both Houses of Congress to amend the IP Code, we
are faced with the question of whether to lean towards the liberal or
conservative side of implementing the IP Code. The task before us is to strike
the balance between the interest of the copyright owners and those who enjoy
copyrighted works.
Our IP code was enacted in 1997 or 15 years ago. A lot of
significant things happen within one year’s time, how much more after 15? More so with the fast-paced change in
technology, we can expect some loopholes or obsolete parts in the 1997
enactment. But before we delve into the details, let us go back into what the
law aimed to improve or curtail at the time of its enactment. A perusal of the
State policies in the IP Code[i] reveals that the State was and still is trying with all their powers to ascertain
that we will have an effective intellectual and industrial property system that
will in turn develop domestic and creative activity, facilitate transfer of
technology, attracts foreign investments and ensure market access for our
products. The law gives special mention and treatment to the rights of
scientists, inventors, artists and other gifted citizens to their intellectual
property and creations, particularly when beneficial to the people. The law has
for its purpose the promotion of the diffusion of knowledge and information
that will hopefully promote national development and progress of the public.
I stumbled upon the spicy critique of Raissa Robles[ii] on
the proposed amendments to the IP Code to which IPOPHL Director General Blancaflor
had a point-by-point reply.[iii] Robles had a follow
up.[iv] I
realize that there are really a lot of issues that entail the amendments.
I think I am leaning towards wanting a liberalized aura in terms
of the amendments in the IP Code. Of course this is not a free for all kind of
society, we still would have some protection available for the copyright owners
but not to the point of having lots of hassles just to download and enjoy or
study a certain file needed.
I am thinking about the impact of educating young people would
have. We would be the ones reaping the good or bad fruits of technology anyway,
so we better be equipped with sufficient knowledge about these things. I am
imagining something like semester-long courses or 3-day seminars conducted by the
IPOPHL in high schools, colleges and even graduate schools discussing the
provisions that affect a netizen or somebody who enjoys the use of copyrighted
work (which I suppose includes EVERYBODY). I am imagining something attractive
for the young people, something NOT entitled as formally as “Copyright
Convention”, maybe something in Tag-lish or in terms that the young people use
nowadays, colorful posters and lots of freebies! And oh, let us have dynamic
and entertaining speakers, please? Maybe informative yet concisely made videos
can cope with the very short attention span of the youngsters. I am thinking of
an event that has a lot of sponsors of softwares, gadgets or other accessories
that are very luring for the young ones and why not, even the young once. Maybe
the event organizers could also invite artists who support the cause, so that
they can tell everybody the negative implications of infringing upon their own
profits and to the whole Filipino music industry or whatever field is at stake.
Correct me if I’m wrong, but I am guessing that the main reason
why netizens are so tempted to give in to the lures of copyright infringement
is that doing so entails less or no cost upon the end user. For example, if one
could get a music file for free via bluetooth with his or her friend's phone,
why would he still spend just to get a legit copy of the audio file? File
transfers via thumb drives are free. Not everybody can afford to get an Apple
gadget and buy legally from iTunes. But I was also thinking, it would be
difficult for producers to make the files available to the public at a cheaper
price or for free because producing it does not come for free as well. Not all
research papers can be made available to the public for free. If you are
expecting high-quality research material, I think it would only be just to pay
some amount. Good papers entail good research and good research entails a lot
of cash.
Or maybe, the educational institutions can come up with an
arrangement with the research company wherein their students or researchers can
have a special access to the research company's materials. Raissa Robles'
article on the disadvantage of the IP Code amendments on students and
researchers[v]
gave us an example of what I think is a religious compliance by the Philippine
Science High School in Davao City. They have a rule that the students can only
photocopy a maximum of 10 pages a day, but the students are required to study
readings way beyond 10 pages. We cannot expect all the parents to buy their
kids their own books, especially in public schools where most of the students
enrolled belong to families who are financially challenged. So although I
recognize that the school administration was just trying to obey the law, I
think there should be some lenience with their compliance to the IP Code in
consideration of the convenience of the students. Besides, it is the school
requirements that the students are working on so I think a little help from the
school administration and/or faculty would not hurt.
I looked at the materials available
on copyright from the elib.gov.ph. I was surprised to find out that what we
have are as dated as before year 2000. Those would not even be good as
reference for research anymore. Let us use our government funds to buy new
books, apps and software that would be enticing for everybody to study.
A friend who recently moved to
Australia to study was telling me about her surprise when she learned that the
students in her school could borrow iPads for I think 3 days. She said that the
books in their libraries were all new. They pay the photocopying by swiping
their credit cards before they can proceed. I wish we can have something like
that here. If they can do it like that, why can't we? We have the smartest kids
around so let's join hands in maximizing that potential.
[i] Section 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.
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.
[ii] “Congress
erased every Filipino’s right to bring home music, movies and books from abroad” http://raissarobles.com/2013/02/14/congress-erased-every-filipinos-right-to-bring-home-music-movies-and-books-from-abroad/
Accessed March 7, 2013
[iv]“Reply
to Ricardo Blancaflor, Intellectual Property Office Director-General” http://raissarobles.com/2013/02/15/reply-to-ricardo-blancaflor-intellectual-property-office-director-general/ Accessed March 7, 2013
[v] “Amended IP
Code “disadvantageous” to students, teachers, researchers – says copyright
expert-lawyer Ping Peria” http://raissarobles.com/2013/02/16/amended-ip-code-disadvantageous-to-students-teachers-researchers-says-copyright-expert-lawyer-ping-peria/
Accessed March 7, 2013
