Warrantless Search For Copyright Infringement
First was the Cybercrime Prevention Act of 2012 (RA 10175) which was issued temporary restraining order until further notice by the Supreme Court after fifteen (15) cases were filed against it for curtailing the internet freedom of Filipinos. Now comes Republic Act No. 10372 amending certain provisions of the Intellectual Property Code of the Philippines (RA 8293) which was approved by the President last February 28, 2013. Although no case has yet been filed, it is widely feared that this law if implemented as-is would allow warrantless searches on cases involving copyright infringements and strip Filipinos of the right to bring home copyrighted music, movies, and books from abroad even if they are intended for personal use only.
While there was already some intensive online discussions on the issue of curtailing our rights over copyrighted materials for personal use, the same cannot be said about the warrantless search provision contained in the amendment to Section 7 of RA 8293 that allows the enforcement agencies to “conduct visits during reasonable hours to establishments and businesses engaging in activities violating intellectual property rights and provisions of this Act based on report, information or complaint received by the office (meaning the authorities)”.
According to technology law expert Atty. JJ Disini, the newly amended IP Code allowing warrantless searches of business establishments and offices for violations of IP rights has worse effect than the provision about bringing in copyrighted materials for personal use. He said the amendments seek to expand the meaning of infringement to include the making of temporary copies which would make i-cafe owners, mall owners, lessors, and online content providers become answerable to infringements done by others. The other opinions of Atty. JJ Disini regarding the new IP Code can be read on this link.
According to a news release by the IPOPHL (Intellectual Property Office of the Philippines), public consultations on the implementing rules and regulations (IRR) of the newly-amended IP Code will be held this month. The same news mentioned that the IRR must be put in place within 180 days from the law’s effectivity. I wish a representative of the internet cafe industry be invited to the said public consultation.
I thought there are still many loops and they would need to clarify those to make everyone be clear of the rules in copyright infringement.
For RA 10372 or the New IP Code, the President has already approved it and next to be done before its strict implementation is the preparation of the IRR. The new law as worded does not speak well of our freedom against warrantless searches. I just hope that the concerned sectors be invited in the IRR drafting.
I am not aware of that the IP code was amended before I read your entry. I haven’t read the old one but I’m leaning towards the idea that even if it’s amended, there would still be loopholes and such. I hope the fix our laws so nobody will be abused or misjudged.
Yes, the Intellectual Property Code of the Philippines was amended by RA 10372 so RA 8293 as amended will now be known as our New IP Code. By the way, aside from its warrantless search provision which could seriously affect businesses suspected of infringing copyrights, the bloggers can be also badly affected by the New IP Code. I shall blog about this in my next post.
Why are we even getting these kind of laws that obviously take away our rights? =( I wonder what will happen in the streets? Police will just arrest someone wearing pirated shirt or with pirated logo or using a pirated bag or pirated gadget or listening to a pirated music or watching a pirated movie on a tablet… tsk This is worse than Martial Law during Marcos presidency
Aw! this is scary… pero before i heard may mga computer cafe na niraid for using fake windows os..
I am for a tougher law that has teeth however I just wanted that the right public attends the hearing conducted so that the proper IRR will be crafted.
I think a warantless seach is just right, as copyright infringement is a form of stealing.
I like the intention of this, to be honest. It will ‘force’ a lot of us casual users to be a lot more careful and prevent cybercafes from popping up at every other kanto! 🙂
why there are people who are pushing this kind of, law where they all knew that we are in the age of technology. like it or not we can’t ignore this fact.
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