The Intellectual Property Office of the Philippines (“IPOPHL”) issued on 20 October 2021 Memorandum Circular No. 2021-026 (“MC 2021-026”) streamlining the process for copyright registration and recordation of transfer, assignment and license of copyright.
Under MC 2021-026, applications for recordation of copyright transfer, assignment, exclusive license agreement and mortgage, and resale rights registration may be filed simultaneously with applications for initial copyright registration and deposit or applications for lost or missing Certificate of Copyright Registration (“CCR”)/Transfer Certificate of Copyright Registration (“TCCR”).
The steps for filing an application are:
- Applicant submits the application requirements either to the IPOPHL Bureau of Copyright and Related Rights (“BCCR”) or any of the Intellectual Property Satellite Offices (“IPSOs”);
- IPOPHL issues an Electronic Statement if Account (E-SOA);
- Applicant pays the filing fee through the IPOPHL’s online payment gateway;
- Applicant sends proof of payment via email to [email protected];
- BCCR reviews the application requirements;
- BCCR transmits to the applicant via email and courier service the CRR/TCCR and instrument of recordation/registration, if applicable; and
- BCCR publishes the notice of copyright transfer/assignment, exclusive license, and resale rights registration in the IPOPHL Gazette.
The application requirements are:
- Properly accomplished IPOPHL-BCRR Transaction Form (Note: starting 15 November 2021, use of the old form – IPOPHL Form 500 will be discontinued);
- Notarized Deed of Assignment/Transfer or Exclusive License Agreement or Mortgage Agreement, whichever is applicable;
- For recordation of copyright transfer/assignment, exclusive license agreement, mortgage, and resale rights registration – Original CCR from IPOPHL or the National Library of the Philippines, whichever is applicable;
- For lost or missing CCR or TCCR – Notarized Affidavit of Loss;
- One (1) Government ID of Applicant or Copyright Holder, and Agent, for applications made through an Agent; and
- Special Power of Attorney (SPA) or Board Resolution or Secretary’s Certificate, if applicable, for applications made through an Agent.
MC 2021-026 shall take effect on 15 November 2021.
For questions on this and other intellectual property matters, please contact us at: [email protected].