Alert on Copyright Infringement Handling

By Aurelie A. Peralta

Intellectual Property Right is an exclusive right that is being given to investors for their innovations or creations. This right is protected by Intellectual Property Code of the Philippines or Republic Act No. 8293.

From the moment the work is created, there is already copyright. The domain of copyright extends to literary or artistic works including computer programs, multimedia work and databases.

When a person or entity illegally copies, reproduces, distributes or uses software programs without the permission of copyright holder there is a violation of IPR. Violation of RA 8293 regarding Copyright is subject to the following criminal sanctions:

a. First Offense – Imprisonment of one (1) to three (3) years and fine of fifty thousand pesos (P50,000.00) to one hundred fifty thousand pesos (P150,000.00).

b. Second Offense – Imprisonment of three (3) to six (6) years and fine of one hundred fifty thousand pesos (P150,000.00) to five hundred thousand pesos (P500,000.00).

c. Third and Subsequent Offense – Imprisonment of six (6) to nine (9) years and fine of five hundred thousand pesos (P500,000.00) to one million five hundred thousand pesos (P1,500,000.00).

d. In all cases, subsidiary imprisonment in cases of insolvency.

It is about time that everyone should comply and use only legal and licensed softwares.