Intellectual Property Code with the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases

Section 1

In copyright infringement cases, copyright shall be presumed to subsist in the work or other subject matter to which the action relates, and ownership thereof shall be presumed to belong to complainant if he, she, or it so claims through affidavit evidence under Section 218 of the Intellectual Property Code, as amended. Copyright shall be presumed to subsist in the work or other subject matter to which the action relates if the defendant or accused does not put in issue the question of whether copyright subsists in the work or other subject matter. Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the owner of the copyright if he, she, or it claims to be the owner thereof, and the defendant does not put in issue the question of his or her ownership. A mere denial of the subsistence of copyright and/or ownership of copyright based on lack of knowledge shall not be sufficient to rebut the presumption.

Section 2

Registration and deposit of a work with the National Library or the IPO shall not carry with it the presumption of ownership of the copyright by the registrant or depositor, nor shall it be considered a condition sine qua non to a claim of copyright infringement.

Section 3

The natural person whose name is indicated on a work in the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of the work. This presumption applies even if the name is a pseudonym, provided the pseudonym leaves no doubt as to the identity of the author. The person or body corporate whose name appears on an audiovisual work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the maker of said work.

Section 4

A statement concerning a work, recorded in an international register in accordance with an international treaty to which the Philippines is or may become a party, shall be construed as true until the contrary is proved, except: a) Where the statement cannot be valid under Republic Act No. 8293, as amended, or any other law concerning intellectual property; or b) Where the statement is contradicted by another statement recorded in the international register.