Rules of Practice in the Philippines Patent Office Relating to the Registration of Copyright Claims (Act 3134)
The Patent Office Administrative Order No. 3 (as amended) outlines the rules and procedures for registering copyright claims in the Philippines, as mandated by several legislative acts. It specifies that correspondence with the Patent Office must be addressed to the Director of Patents, and personal attendance is not required for applicants, who may transact business via mail. The order details eligibility for copyright protection, which includes authors and proprietors of works, and enumerates the types of works that can be copyrighted. It also sets forth the application process, including the necessary documents, fees, and the duration of copyright, which lasts for 30 years with the possibility of renewal. Lastly, it establishes guidelines for handling complaints and the decorum required in communications with the Office.
September 22, 1947
PATENT OFFICE ADMINISTRATIVE ORDER NO. 3 (AS AMENDED)
| SUBJECT | : | Rules of Practice in the Philippines Patent Office Relating to the Registration of Copyright Claims (Act 3134) |
Pursuant to the provisions of Section 1 of Republic Act No. 167, transferring to the Patent Office the function of registering copyright claims, of Section 29 of Act No. 3134, approved March 6, 1924, entitled "An Act to Protect Intellectual Property'', and of Section 78 of Republic Act No. 165, approved June 20, 1947, entitled "An Act Creating a Patent Office, Prescribing Its Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds Therefor", there are hereby promulgated for the information and guidance of all concerned, the following:
Rules of Practice in the Philippines Patent Office Relating to the Registration of Copyright Claims
Correspondence
1. All Office letters must be sent in the name of the "Director of Patents." All letters and other communications intended for the Office must be addressed to him; if addressed to any of the other officers, they will ordinarily be returned.
2. Express charges, freight, postage, and all other charges on matter sent to the Patent Office must be prepaid in full; otherwise it will not be received.
3. The personal attendance of applicants at the Patent Office is unnecessary. Their business can be transacted by correspondence.
4. When an attorney shall have filed his power of attorney, or an agent shall have filed his authority, duly executed, the correspondence will be held with him.
When the attorney or agent is not appointed in the application for registration itself, but in a separate document, the appointment shall be verified and, if the verification is made abroad, the certificate of the notary shall be proved by the certificate of a diplomatic or consular representative of the Philippines or by a foreign officer authorized to represent Philippine interests in the foreign country.
5. A separate letter should in every case be written in relation to each distinct subject of inquiry or application.
Papers sent in violation of this rule will be returned.
6. When a letter concerns an application, it should state the name of the applicant, the title, name, or description of the work to be copyrighted, the serial number of the application, and the date of filing the same.
7. When the letter concerns a copyright registration, it should state the name of the registrant, the title or name of the work copyrighted, and the number and date of the certificate of copyright registration.
Information to Correspondents
8. Of the propriety of making an application for copyright, the applicant must judge for himself. The Office cannot act as counsellor for individuals, nor as an expounder of the Copyright Law, except as to questions arising within the Office. A copy of the law, rules, or circular of information, with a section marked, sent to the individual making an inquiry is intended as a respectful answer by the Office. AEDISC
9. Infringements of copyrights are not within the jurisdiction of the Patent Office; they are within the jurisdiction of the courts of law and of other government offices. Such matters should not, therefore, be taken up with the Patent Office.
Attorney and Agent
10. Before any attorney or agent, original or associate, will be allowed to inspect papers or take action of any kind, his authorization must be filed. In each application, the written authorization must be filed.
Where several applications have been filed by one and the same applicant, one power of attorney covering all previously filed applications, accompanied by the corresponding number of signed duplicates, may be filed.
11. Powers of attorney and authorizations of agents may be revoked at any state in the proceedings of a case upon notification to the Director; and when so revoked the Office will communicate directly with the applicant, or another attorney or agent appointed by him. An attorney or agent will be promptly notified by the Director of the revocation of his power of attorney or authorization. An assignment will not operate as a revocation of the authorization previously given but the assignee of the entire interest may be represented by an attorney or agent of his own selection.
12. Applicants, attorneys and agents will be required to conduct their business with the Office with decorum and courtesy. Papers presented in violation of this requirement will be submitted to the Director and returned by his direct order.
13. Complaints against examiners and other officers must be made in communications separate from other papers and will be promptly investigated.
Who May Secure Copyright Protection
14. The following persons are entitled under the law to apply for copyright protection it the Philippines for their works:
(1) The author of the work, if he is:
(a) A citizen of the Philippines; or
(b) An alien author domiciled in the Philippines at the time he makes an application for copyright; or
(c) An alien author who is a citizen or subject of any country which grants either by treaty, convention, agreement, or law, to citizens of the Philippines the benefit of copyright on substantially the same basis as to its own citizens; or
(d) An alien author who is a citizen or subject of a foreign state which is a party to an international agreement providing for reciprocity in the granting of copyright, to which agreement the Philippines is also a party.
(2) The proprietor of a work. The term "proprietor" includes any person who derives his title to the work from the author. The following are deemed included in this term:
(a) The lawfully constituted executor or administrator of the estate of the author, if he be dead;
(b) The lawfully appointed guardian or conservator of the author, if he be declared insane or otherwise incapacitated;
(c) The author's heirs;
(d) The assignee, if the author or his legal representatives or heirs have assigned the work;
(e) The publishers of works published without the names of the authors or under pseudonyms.
If the author of the work be a person who could not himself claim the benefit of the Copyright Law, the proprietor cannot claim it.
If the applicant be a person other than the author himself, he must prove his right to apply for the copyright by attaching to the application, as an integral part thereof, a duly certified or verified copy of the letters of administration, letters testamentary, letters of guardianship, assignment, or sufficient proof of heirship, as the case may be. If the certification or verification is made abroad, the same shall be proved by the certificate of a diplomatic or consular representative of the Philippines or by a foreign officer authorized to represent Philippine interests in the foreign country.
When the applicant claims in the application to be a jural person, and the corporate or the partnership name raises a doubt as to the correctness of the claim, the Director may, in his discretion, require the applicant to produce a certified copy of its registration as a corporation or as a partnership. TAacHE
Subject Matter of Copyright
15. The following, whether published or unpublished, may be copyrighted:
(a) Books, including composite and cyclopedic works, manuscripts, directories, gazetteers, and compilations;
(b) Periodicals, including pamphlets;
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery;
(d) Dramatic or dramático-musical compositions;
(e) Musical compositions with or without words;
(f) Maps, plans, sketches, charts, drawings, designs;
(g) Works of art; models or designs for works of arts;
(h) Reproductions of work of art;
(i) Drawings or plastic works of a scientific or technical character;
(j) Photographs, engravings, litographs, lantern slides, cinematographic pictures;
(k) Prints and pictorial illustrations;
(l) Dramatizations, translations, adaptations, collections, compilations, abridgements, arrangements, commentaries, critical studies, abstracts, versifications;
(m) Other articles and writings.
16. The term "books" shall be deemed to include totally all printed literary works whether published in the ordinary shape of a book or pamphlet, or printed as a leaflet, card, or as a single page; tables of figures showing the results of mathematical computations, such as logarithmic tables, interest, cost, and wage tables, and the like; single poems, and the works of a song when printed and published without music; descriptions of motion pictures or spectacles; catalogues; circulars or folders containing information in the form of reading matter and literary contributions to periodicals or newspapers.
The term "book" does not apply to blank books for use in business or in carrying out any system of transacting affairs, such as record books, account books, memorandum books, blank diaries or journals, bank deposit and check books; forms of contracts or leases which do not contain original copyrightable matter; coupons; forms for use in commercial, legal, or financial transactions, which are wholly or partly blank and whose value lies in their usefulness.
17. The term "periodicals" includes newspapers, magazines, reviews, and serial publications appearing oftener than once a year; bulletins or proceedings of societies, and the like, which appear regularly at intervals of less than a year; and, generally, periodical publications which would be registered as second-class matter at the post office. Serial publications which are not clearly "periodicals" within the meaning of this rule should be registered as "books."
18. The designation "dramatic composition" does not include the following: dances, motion-picture shows; stage settings or mechanical devices by which dramatic effects are produced, or "stage business"; animal shows, sleight-of-hand performances, acrobatic or circus tricks of any kind; scenarios for or descriptions of motion pictures or of settings for the production of motion pictures. These, however, when printed and published, are registrable as "books".
19. The term "dramático-musical composition" include principally operas, operettas, and musical comedies, or similar productions which are to be acted as well as sung.
20. "Musical compositions" include vocal and instrumental compositions, with or without words, and separately published songs from operas and operettas, when not intended to be acted.
The words of a song printed alone should be registered as a "book" not as a "musical composition".
"Adaptations" and "arrangements" may be registered as "new works" under the provisions of Rule 27 (a). Mere transpositions into different keys are not provided for in the Act.
21. The term "maps" include all cartographical works, such as terrestrial maps, plates, marine charts, and star maps.
22. "Works of art and models or designs for works of art". This term includes all works belonging properly to the so-called fine arts. (Paintings, drawings and sculpture.) CHATcE
23. "Reproductions of works of art". This term refers to such reproductions (engravings, woodcuts, etchings, casts, etc.) as contain in themselves an artistic element distinct from that of the original work of art which has been reproduced.
24. "Drawings or plastic works of a scientific or technical character". This term includes diagrams or models illustrating scientific or technical works, architects' plans, designs for engineering work, relief maps, etc.
25. Photographs, cover photographic prints, but not half-tones or photo-engravings.
26. Postal cards cannot be copyrighted as such. The pictures thereon may be registered as "prints or pictorial illustrations" or as "photographs". Text matter on a postal card may be of such a character that it may be registered as a "book".
27. The following may also be copyrighted as "new works":
(a) Collections, compilations, abridgements commentaries, critical studies, abstracts, versifications, adaptations, arrangements, dramatizations, translations, and other versions of —
(1) Copyrighted works, when reproduced with consent of the proprietor;
(2) Works in the public domain;
(3) Publications and official documents of the Government;
(4) Lectures, sermons, addresses, and dissertations pronounced or read in courts of justice, before administrative tribunals, in deliberative assemblies, and in meetings of a public character.
(b) Works republishes or reproduced with new matter.
(c) Editions with corrections and alterations.
28. No copyright shall subsist in the original of any work which is in the public domain, or in any publication and official document of the Philippine Government, or any reprint, in whole or in part, thereof, and in speeches, lectures, sermons, addresses, and dissertations pronounced or read in courts of justice, before administrative tribunals, in deliberative assemblies, and in meetings of public character.
29. Immoral and unchaste work cannot be copyrighted.
How to Secure a Copyright
30. Copyright may be secured for published and unpublished works.
31. Published works are such as are printed or otherwise produced and placed on sale, sold, or publicly distributed.
32. Unpublished works are such as have not at the time of application been printed or reproduced in copies for sale or been publicly distributed. They include sermons, lectures, addresses, or similar productions for oral delivery; dramatic, musical and dramático-musical compositions; photographs; works of art (paintings, drawings, and sculptures); plastic works; motion-picture photoplays; and motion pictures other than photoplays.
33. To secure a copyright on a published work, the following steps should be taken:
(a) Print and publish the work with a notice of claim to a copyright in the form prescribed by the statute.
(b) Promptly after publication, apply to the Patent Office for the registration of the copyright claim.
Unless satisfactorily explained in a verified statement, a delay in submitting the application for copyright beyond thirty days after publication, if the publication is made in Manila, or beyond sixty days, if made elsewhere, shall be considered by the Office as constituting a dedication to the public of the matter for which copyright is sought, and the application for its copyright shall be refused.
(c) With the application file the affidavit, and deposit with the Patent Office the copies of the work required by law.
34. To secure a copyright on an unpublished work, the applicant should —
(a) File an application for a copyright with the Patent Office. CaDEAT
(b) Deposit with the application the copy or copies required by law.
Notice of Copyright
35. The required copyright notice should appear upon the front part or back of the title page. The notice shall ordinarily be in the form "Copyright, 19___ (year date of publication which should also be the year of registration) by ____________________________ (name of copyright proprietor)", or with the word "Philippines" prefixed thereto, thus: "Philippines Copyright, 19___ by __________________". (Act 3134, Secs. 11 and 16.)
The copyright notice shall be clearly and neatly printed and shall be without any amendments, erasures, additions, or deletions in handwriting, typewriting, or otherwise, and any copyright notice not complying with this requirement shall not be considered acceptable to the Office.
36. The prescribed notice must be affixed to each copy of the work published, intended to be circulated, or offered for sale in the Philippines. The name of the claimant given in the notice should be the true, legal name of the living person, firm or corporation owning the copyright. A pseudonym or pen name cannot be used in the notice. The year in the copyright notice should agree with the year date of publication.
Deposit of Copies
37. For published works, two complete copies of the best edition of the work shall be deposited.
Its case of contributions to periodicals, two complete copies of the issue or issues of the periodical containing the contribution shall be deposited. A mere clipping or a page containing the contribution is not sufficient compliance with the law.
38. Deposits of copies of unpublished works shall be as follows:
(a) In the case of books, lectures, sermons, addresses and musical compositions, two type-written or manuscript copies of the work.
This should be in convenient form, clean and legible, the leaves securely fastened together and bound, and should bear the title of the work corresponding to that given in the application.
The entire work in each case should be deposited. It is not sufficient to deposit a mere outline or epitome, nor, in the case of a play, a mere scenario, nor a scenario with the synopsis of the dialogue only.
The text of the copies deposited with the Patent Office shall be without any deletions, additions, or insertions of any kind either in pencil or in ink, and any copy submitted for deposit not complying with this requirement will be refused.
(b) In the case of photographs, two copies of the positive prints of the work. (Photo-engravings or photo-gravures are not photographs.)
(c) In the case of works of art, models or designs for works of art, or drawings or plastic works of a scientific or technical character, two photographs or other identifying reproductions.
(d) In the case of motion-pictures, photoplays, two titles and descriptions, with two prints taken from each scene or act.
(e) In the case of motion pictures other than photoplays, two titles and descriptions, with two prints taken from different sections of the complete motion picture. (Act 3134, Sec. 12.)
39. All deposits shall be made by personal delivery at the Patent Office or by registered mail addressed to said Office. (Act 3134, Sec. 11.)
When an application for a copyright is refused, the matter deposited, being an integral part of the application, will not be returned to the applicant, but shall be kept by the Office in its files.
40. When any work, which has been registered as unpublished work, is reproduced in copies for sale or distribution to the public, there must be deposited a second time two copies accompanied by an application for registration supported by the usual affidavit, in the same manner as is required in the case of work published in the first instance. (Act 3134, Sec. 12.)
The Application for Registration
41. An application shall contain the following data:
(a) The name, citizenship, domicile, and post-office address of the claimant of copyright.
(b) The complete name of the author of the work, his citizenship and domicile.
(c) The title of the work. HaIATC
(d) The class to which the work belongs in the language of the statute.
(e) The name and address of the person to whom the copyright certificate is to be sent.
(f) The actual date (year, month and day) of publication in case of a work reproduced in copies for sale, or sold, or publicly distributed. The date of publication of a periodical is not necessarily the date stated on the title page.
(g) The selling price per copy of the work. (This is necessary for government accounting purposes, since under Section 31 of the statute, all copies deposited become government property.)
The author's name should be inserted in the application, even when the work is desired to appear under a pseudonym. In this case, on a previous petition of the interested party, the information thus obtained regarding the name of the author shall be considered strictly confidential. In the case of works made for hire, the employer may be given as the author.
Care should be taken that the title of the work, the name of the author and the name of the copyright claimant should be correctly and legibly stated in the application, and that they should agree exactly with the same statements made in the work itself.
The typewriter shall be used in filling all blank spaces in applications for copyright submitted to the Patent Office. Applications filled in handwriting will be refused.
The same rules shall apply to affidavits and to all other parts of the complete application for copyright, as enumerated in Rule 46.
The Affidavit
42. The application must be accompanied by a supporting affidavit in which must appear a statement of ownership of the claim of copyright including the manner of its acquisition if the claimant is not the original author, translator, or editor, and where and in what establishment the work was made, performed, printed or produced, and the date of its completion and of its publication. By the date of publication is meant the earliest date when copies of the first authorized edition were placed on sale, sold or publicly distributed by the proprietor of the copyright, or under his authority. (Act 3134, Sec. 15.)
43. Application for the registration of a periodical should be made in the same manner as application for the registration of a book. A separate registration is necessary for each number of a periodical containing a notice of copyright. No affidavit is required for the registration of various issues of a periodical except in the case of the first number or issue or of the number issued immediately following the date of every change of ownership of the periodical.
44. The affidavit may be made by the person claiming the copyright or by his duly authorized agent or representative residing in the Philippines. It must be made in every case by an individual (an official of a corporation or firm may act). It must also be executed subsequent to the publication of the work and must be duly authenticated by the official seal of an officer authorized to administer oaths within the Philippine Islands. (Act 3134, Sec. 15.)
A notary or officer before whom an affidavit is executed cannot appear as attorney in the case before the Patent Office.
Appointment of Local Agent
45. Any person filing an application for copyright who is not a resident of the Philippines is advised to appoint an agent or representative in the Philippines upon whom notice or process relating to the copyright may be served. In the event of death, absence or inability of the agent or representative, a new agent or representative should be appointed and notice thereof should be filed in the Patent Office.
What Constitutes a Complete Application
46. A complete application shall consist of:
(a) The required registration fee of three pesos, and sixty centavos for the certificate and for documentary stamps to be affixed to the certificate;
(b) The application itself;
(c) The affidavit;
(d) The two copies to be deposited;
(e) The power of attorney, if the filing is through an attorney; cHSTEA
(f) The assignment or a verified copy of the assignment of the work, where application is filed by one who derives his title from the author, or verified proof of the title where the derivation is not by assignment; Provided, That when verification is made in a foreign country, the certificate of the officer before whom verification is made, shall be proved by the certificate of a Philippine diplomatic or consular representative or any officer authorized to represent Philippine interests in the foreign country; and
(g) The appointment of a resident agent, if any has been appointed.
47. No application will be examined unless it is complete in accordance with the preceding rule.
Applications will be examined in the order of the serial numbers assigned them by the Office. No application bearing a serial number higher than those of others shall be examined in advance of the latter, except upon order of the Director or upon cause shown in writing and under oath by the applicant concerned, which is considered by the Director to be justifiable.
If an applicant fails to take responsive action within ninety days counted from the date the last letter of the Office is mailed to him, his application shall be considered as abandoned.
At any time before a certificate of registration for a copyright claim is issued, any person who believes that he will be damaged by the registration of such copyright claim may, upon payment of the required fee of fifty pesos, file with the Director an opposition to the registration. Such opposition shall be in writing and verified by the oppositor, and shall specify the grounds on which it is based and include a statement of the facts to be relied upon. Copies of the certificates of registration of copyright claims or of the supporting documents mentioned in the opposition shall be filed therewith.
Upon the filing of an opposition, the Director shall forthwith serve notice of the filing on the applicant, and of the date of the hearing thereof upon the applicant and the oppositor and all other persons having any right, title, or interest in the copyright covered by the application, as appear in the records of the Patent Office.
If the Director shall find, after the hearing, that a case for refusing registration has been made, he shall refuse the registration of the copyright application; otherwise, he shall order its registration.
Copyright Certificate, Duration of Copyright, Renewal
48. A person registered as the claimant of a copyright shall be given a certificate of registration under the seal of the Patent Office, the contents, form and design of which shall be determined by the Director of said Office. Said certificate is admitted in any court as prima facie evidence of the facts stated therein. (Act 3134, Sec. 30.)
49. The copyright secured by the Copyright Law endures for thirty years from the date it is registered. The proprietor of the copyright or his assigns or heirs shall be entitled to a renewal of the copyright for the further term of thirty years, when application for such renewal shall have been made to the Patent Office and duly filed therein within one year prior to the expiration of the original term of copyright. In default of the filing of such application for renewal the copyright in any work shall expire at the end of thirty years from the date it is registered. But in case of works in series or having several volumes or component parts registered at intervals the copyright endures for forty years from the time the copyright for the first series or volume or component part has been registered and may be renewed for the same period. (Act 3134, Sec. 18.)
Assignments of Copyright
50. When a copyright has been transferred either by assignment or by inheritance, or when a license to use it has been granted to another, the instrument of conveyance signed by the proprietor of the copyright, or the statement of the inherited right to the copyright, or the license, may be filed in the Patent Office for record within three calendar months after its execution within the Philippines or within six calendar months after its execution without the limits of the Philippines. The fee for recording the assignment shall be P2.
If not recorded within the time specified it shall be void as against any subsequent purchaser or assignees for a valuable consideration, without notice, whose assignment has been duly filed. (Act 3134, Sec. 26.)
51. After having been recorded, the original instrument of conveyance, or statement of the inherited right to a copyright or license, with a sealed certificate of record attached signed by the Director, will be returned by registered mail to the sender. (Act 3134, Sec. 27.)
52. After the record of the conveyance, the transferee of the copyright may obtain a certificate registration in his own name to endure for the rest of the original term. aSAHCE
Expenses of Registration and Other Fees
53. The statutory fees are three pesos for the registration of each work subject to copyright; two pesos for each assignment, license, notice, or other instrument of writing filed; one peso for every certified copy issued. All fees are payable in advance.
The following additional fees shall be collected:
For filing application for revival of an abandoned application for registration, three pesos;
For publication in the Official Gazette, as required by law, of the issuance of the certificate of registration, three pesos;
For filing an opposition to the registration of a copyright claim, fifty pesos;
For filing, by the registrant, of a petition surrendering or requesting the cancellation of the certificate of registration issued to him, three pesos;
For issuance of a new certificate of registration following the change of ownership of a copyright, three pesos;
For filing a petition for renewal of a certificate of registration, three pesos;
For issuance of a certificate regarding the registration or nonregistration of each copyright, ten pesos;
For issuance of an affirmative or negative certificate regarding the registration of any document in connection with a copyright, ten pesos; and
For filing any other document in connection with a copyright registration, not required by law to be filed, ten pesos.
54. The Office also requires all claimants and applicants to pay for a thirty-centavo documentary stamp that will be affixed to every certificate issued.
Searches
55. Upon application to the Director of Patents search of the records, indexes, or deposits will be made for such information as they may contain relative to copyright claims. Persons desiring searches to be made should state clearly the nature of the work, its title, the name of the claimant of copyright and probable date of entry; in the case of an assignment, the name of the assignor or assignee or both, and the name of the copyright claimant and the title of the work.
The fee for searches is P1 for each full hour of time consumed in making such search.
Payments and Repayments of Money
56. All payments of money required for office fees must be made in specie, Philippine Treasury notes, Philippine bank notes, post-office money orders, or certified checks. Money orders and checks should be made payable to the Director of Patents. Money sent by mail to the Patent Office will be at the risk of the sender. Letters containing money should be registered. In no case should money be sent in the form of postage stamps.
57. Money paid by actual mistake, such as a payment in excess, or when not required by law, or by neglect or misinformation on the part of the Office, will be refunded; but a mere change of purpose after the payment of money, as when a party desires to withdraw his application, will not entitle a party to demand such a return.
When an application is refused, the fees paid with the application, except the sixty centavos for the certificate and for stamp taxes, will be considered as the examination fees and shall not be refunded to the applicant.
This Order shall take effect upon its approval by the Honorable, the Secretary of Justice.
(SGD.) CELEDONIO AGRAVADirector of Patents
Approved: September 22, 1947.
(SGD.) ROMAN OZAETASecretary of Justice
ATTACHMENT
Appendix of Forms to the Rules of Practice for the Registration of Copyright
Application to be typewritten. — The Petition, Statement of Particulars, and the Affidavit shall be typewritten, double spaced, on legal size coupon bond paper, and shall be submitted in duplicate to the Patent Office. The three parts of the application (Petition, Statement of Particulars and Affidavit) shall be ribboned together, the ends of the ribbon to be brought together under the seal of the notary before whom the affidavit is signed and sworn to, or each sheet of the Petition, Statement of Particulars, and Affidavit shall be sealed with the seal of the notary taking the affidavit. aIDHET
Certification by foreign officer. — A certification by a foreign officer of any paper submitted to the Patent Office shall be proved by a certificate of a proper diplomatic or consular representative of the Philippines.
Application Forms. — In applying for copyright, applicants shall use the following forms, sample of which are hereto attached: THE PATENT OFFICE DOES NOT DISTRIBUTE PRINTED OR MIMEOGRAPHED COPIES OF THESE FORMS.
Form No. 1 — Petition by a Sole Author.
Form No. 2 — Petition by Joint Authors.
Form No. 3 — Petition by an Assignee.
Form No. 4 — Petition by an Administrator.
Form No. 5 — Petition by an Executor.
Form No. 6 — Petition by a Guardian of an Insane Person.
Form No. 7 — Petition by an Heir.
Form No. 8 — Petition with Power of Attorney or Authorization of Agent and Appointment of Local Representative.
Form No. 9 — Statement of Particulars for Published Work.
Form No. 10 — Statement of Particulars for Unpublished Work.
Form No. 11 — Statement of Particulars for Registration of New Matter, Published, Added to an Old Work or to Previously Copyrighted Work.
Form No. 12 — Statement of Particulars for Registration of New Matter, Unpublished, Added to an Old Work or to Previously Copyrighted Work.
Form No. 13 — Affidavit of Applicant.
Form No. 14 — Affidavit of Duly Authorized Local Agent or Representative.
1. Petition By a Sole Author
TO THE DIRECTOR OF PATENTS:
Your petitioner, _________________________________, a citizen of ________________________, and domiciled in _____________________, whose post-office address is _______________________, prays that copyright registration may be granted to him, as author, under the Copyright Law, Act No. 3134, for a work entitled __________________, as described in the annexed Statement of Particulars.
Your petitioner submits and deposits herewith two copies of the said work. 1
Signed at ___________, in _________________, this ___________ day of ___________, 19___.
_____________________________
2. Petition by Joint Authors
TO THE DIRECTOR OF PATENTS:
Your petitioners, _________________ and __________________, citizens of __________________________, and domiciled in, respectively, of ______________________, and of _________________, whose post-office addresses are, respectively, ___________________, and ________________, pray that copyright registration may be granted to them, as joint authors, under the Copyright Law, Act No. 3134, for a work entitled ____________________, as described in the annexed Statement of Particulars.
Your petitioners submit and deposit herewith two copies of the said work.
Signed at ___________, in _________________, this ___________ day of ___________, 19___.
_____________________________
3. Petition By an Assignee
TO THE DIRECTOR OF PATENTS:
Your petitioner, _________________, a citizen of ________________, and domiciled in _____________________, whose post-office address is _________________________, assignee of _______________________, the author of the work entitled ______________________________, (as by reference to the duly certified copy of deed of assignment, hereto of annexed, will more fully appear), 3 prays that copyright registration under the Copyright Law, Act No. 3134, may be granted to him for the said works, as described in the annexed Statement of Particulars. EacHCD
Your petitioner submits and deposits herewith two copies of the said work.
Signed at ___________, in _________________, this ___________ day of ___________, 19___.
_____________________________
4. Petition By an Administrator
TO THE DIRECTOR OF PATENTS:
Your petitioner, __________________, a citizen of ________________, and domiciled in ________________________, whose post-office address is ______________________, administrator of the estate of ________________, late citizen of ____________________, deceased (as by reference to the duly certified copy of letters of administration, hereto annexed, will more fully appear), prays that a copyright registration may be granted to him under the Copyright Law, Act No. 3134, for a work of the said _____________, entitled ___________________, as described in the annexed Statement of Particulars.
Your petitioner submits and deposits herewith two copies of the said work.
Signed at ___________, in _________________, this ___________ day of ___________, 19___.
_____________________________
5. Petition By an Executor
TO THE DIRECTOR OF PATENTS:
Your petitioner, _________________, a citizen of ________________, and domiciled in ________________________, whose post-office address is ____________________________, executor of the last will and testament of _________________, late citizen of _________________________, deceased (as by reference to the duly certified copy of letters testamentary, hereto annexed, will more fully appear), prays that a copyright registration may be granted to him under the Copyright Law, Act No. 3134, for a work of said _____________, entitled ___________________, as described in the annexed Statement of Particulars.
Your petitioner submits and deposits herewith two copies of the said work.
Signed at ___________, in _________________, this ___________ day of ___________, 19___.
_____________________________
6. Petition By a Guardian of an Insane Person
TO THE DIRECTOR OF PATENTS:
Your petitioner, _________________, citizen of __________________, and domiciled in ___________________, whose post-office address is ___________________, and who has been appointed guardian (conservator or representative) of _______________________, a citizen of ___________________ (as by reference to the duly certified copy of the order of court, hereto annexed, will more fully appear), prays that a copyright registration may be granted to him under the Copyright Law, Act No. 3134, for a work of the said ___________________, entitled _____________________, as described in the annexed Statement of Particulars.
Your petitioner submits and deposits herewith two copies of the said work.
Signed at ___________, in _________________, this ___________ day of ___________, 19___.
_____________________________
7. Petition by an Heir
TO THE DIRECTOR OF PATENTS:
Your petitioner, ________________________________, a citizen of ________________________, and domiciled in ________________________, whose post-office address is _______________________________, who is the sole heir of _______________________________, late citizen of ______________________, deceased [as by reference to the duly certified (and verified) ________________________, hereto annexed, will more fully appear] prays that a copyright registration may be granted to him under the Copyright Law, Act No. 3134, for a work of the said ______________________, entitled ______________________, as described in the annexed Statement of Particulars.
Your petitioner submits and deposits herewith two copies of the said work.
Signed at ______________________, in ______________________, this _________ day of ______________________, 19_____.
_______________________________
8. Petition With Power of Attorney or Authorization of an Agent and Appointment of Local Representative
TO THE DIRECTOR OF PATENTS:
Your petitioner, ________________________________, a citizen of ________________________, and domiciled in ________________________, whose post-office address is ________________________________________, (continue with the proper form of Petition as petition by an author, by an assignee, etc., as the case may be; and add) and he hereby appoints ___________________, of ________________________, his attorney 1 (or agent), with full power of substitution and revocation, to prosecute this application, to make alterations and amendments herein, to receive the Certificate of Registration, and to transact all business in the Patent Office connected therewith.
Your petitioner likewise hereby appoints ________________________, a resident of the Philippines, whose post-office address is ________________________, his (its) agent or representative in the Philippines, and authorizes him to make and sign the affidavit required by section 15 of the Copyright Law, in connection with this application. Your petitioner further authorizes the said ________________________, as his agent or representative, to accept service of notice or process relating (a) to this application and (b) to the copyright registration subject of the said application, when granted. 2
Your petitioner submits and deposits herewith two copies of the said work.
Signed at ______________________, in ______________________, this _________ day of ______________________, 19_____.
_______________________________
9. Statement of Particulars for Published Work
(When new matter in an old work or in a previously copyrighted work is desired to be registered, use Form No. 11)
1. Title of the work desired to be copyrighted _______________(As "books", "periodicals", "musical compositions", etc. See rule 15 of the Rules of Practice, Patent Office Administrative Order No. 3, as amended)
2. Complete name of the author of the work ___________________
3. Complete name of the applicant __________________________
4. This work was completed on ____________________________ (State date)
5. The unpublished manuscript of this work was copyrighted on ____________________________________________________ (State date of issue of Certificate of Registration) and the copyright registry number is _____________________________
6. The work for which copyright is now applied for was —
(a) Printed and reproduced in copies on ______________________ (State date) by ______________________________________________ (State name and address of printer)
(b) Published and sold to the public on __________________ (State date) by __________________________________ (State name and address of publisher)
7. The unit price per copy is P___________.
_______________________________(Signature of Applicant)
10. Statement of Particulars for Unpublished Work
(When new matter in an old work or in a previously copyrighted work is desired to be registered, use Form No. 12)
1. Title of the work desired to be copyrighted _______________(As "books", "periodicals", "musical compositions", etc. See rule 15 of the Rules of Practice, Patent Office Administrative Order No. 3, as amended)
2. Complete name of the author of the work ___________________
3. Complete name of the applicant __________________________
4. This work was completed on ____________________________ (State date)
_______________________________(Signature of Applicant)
11. Statement of Particulars for Registration of New Matter, Published Added to an Old Work or to Previously Copyrighted Work
1. Title of the old work ___________________________________
2. Copyright registry number of old work, if copyrighted ______________ and date of registry _____________________
3. Class of old work _____________________________________(As "books", "periodicals", "musical compositions", etc. See rule 15 of the Rules of Practice, Patent Office Administrative Order No. 3, as amended)
4. Complete name of the author of the old work ________________
5. Complete name of the applicant __________________________
6. New matter added to old work for which copyright is now claimed:(Use extra sheet if necessary)
7. New matter was completed on ___________________________ (State date)
8. New edition of old work containing this new matter —
(a) Was printed on ________________________, (State date) in _________________________________, (State place) by ________________________________________ (State name and address of printer)
(b) Was published and copies sold to the public on ________________________, (State date) by _____________________________________ (State name and address of publisher)
9. Unit price per copy is P___________.
_______________________________(Signature of Applicant)
12. Statement of Particulars for Registration of New Matter, Unpublished, Added to an Old Work or to Previously Copyrighted Work
1. Title of the old work ___________________________________
2. Copyright registry number of old work, if copyrighted ______________ and date of registry _____________________
3. Class of old work _____________________________________(As "books", "periodicals", "musical compositions", etc. See rule 15 of the Rules of Practice, Patent Office Administrative Order No. 3, as amended)
4. Complete name of the author of the old work ________________
5. Complete name of the applicant __________________________
6. New matter added to old work for which copyright is now claimed:(Use extra sheet if necessary)
7. New matter is unpublished and was completed on ___________________________
_______________________________(Signature of Applicant)
13. Affidavit of Applicant
Republic of the Philippines _____ ) ss.
Municipality of _______________ )
Province of __________________ )
City of _____________________ )
AFFIDAVIT
(For affidavit by local representative or agent, use Form No. 14)
I, ___________________________________, being duly sworn, depose and say:
That I am the applicant claiming copyright in the work entitled ___________________________________ mentioned in the annexed Petition and Statement of Particulars;
That two (2) complete copies of said work have been deposited in the Patent Office;
That all the statements made and set forth in the annexed Petition and Statement of Particulars concerning the said work are true and correct.
Done at __________________, Philippines, this __________________ day of _________________________, 19______.
_______________________________(Signature of person making affidavit)
Subscribed and sworn to before me this _______________ day of _______________, 19 ________. The deponent in the foregoing affidavit exhibited to me his Residence Certificate No. __________, issued at _______, on __________________, 19____.
_______________________________Notary Public
My commission expires December 31, 19_____
(Notarial)
Doc. No. ____________________
Page No. ____________________
Book No. ____________________
Series of 19_____
14. Affidavit
Republic of the Philippines _____ ) ss.
Municipality of _______________ )
Province of __________________ )
City of _____________________ )
AFFIDAVIT
(Of duly authorized local agent or representative)
I, ___________________________________, being duly sworn, depose and say:
That I am the duly authorized agent or representative residing in the Philippines, of __________________________________, (Name of applicant) who signed the annexed Petition and Statements of Particulars, covering the work therein mentioned, entitled ____________________________________;
That two (2) complete copies of said work have been deposited in the Patent Office;
That the statements made and set forth by the said ____________________________ in the annexed Petition and Statement of Particulars concerning the said work are true and correct to the herein deponent's best knowledge and belief.
Done at ___________________, Philippines, this ______________ day of ________________________, 19_____
_______________________________(Signature of person making affidavit)
Subscribed and sworn to before me this _____________ day of _______________, 19_____. The deponent in the foregoing affidavit exhibited to me his Residence Certificate No. ____________, issued at _____________, on ____________________, 19_____.
_______________________________Notary Public
My commission expires December 31, 19_____
(Notarial)
Doc. No. ____________________
Page No. ____________________
Book No. ____________________
Series of 19_____
If the appointment of the deponent herein is not made by the applicant in the Petition itself, deponent's authority to make this affidavit duly notarized (and legalized if made abroad) must be attached to this affidavit.
Footnotes
1. Petition By a Sole Author
1. Add "each with the copyright notice required by law", in case the work is a published work. This should be added to all petitions, when proper.
A copyright notice shall be clearly and neatly printed, and shall be without any amendments, erasures, additions, or deletions, in hardwriting, typewriting or othewise, and any copyright notice not complying with this requirement shall not be considered acceptable to the Office. (Pat. Off. Adm. Order No. 3, Rule 35, as amended.)
2. In case petitioner is an alien domiciled in the Philippines, the usual particulars about his Alien Certificate of Registration must be set forth under his signature. This requirement applies to all kinds of Petitions.
3. Petition By an Assignee
3. The certification of the copy, if made by the assignee or by any other private person, must be verified by him before a notary public, and if verification be made abroad, the certificate of the foreign notary must be proved by a certificate of a proper Philippine diplomatic or consular official.
8. Petition With Power of Attorney or Authorization of an Agent and Appointment of Local Representative
1. If a firm of attorneys is appointed, the name of each partner shall be given, thus "and he hereby appoints the firm of X and Y, consisting of X, Y, and Z, his attorneys —". This requirement applies to subsequent appointments of attorneys.
A notary or officer before whom an affidavit is executed cannot appear as attorney in the case before the Patent Office. (Pat. Off. Adm. Order No. 3, rule 44, as amended.)
2. To be inserted only if petition is not a resident of the Philippines.