What is infringement under Philippine copyright laws?

Infringement is the unauthorized importation, duplication, exhibition or distribution of any works covered under copyright protection.

An infringement constitutes both civil and criminal penalties.

Under the Intellectual Property Code of the Philippines, the following are the remedies that may be exercised by the person whose rights are protected under copyright law:

(a) To file an injunction restraining such infringement. The court may also order the infringer to desist from an infringement to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance of such goods.

(b) To file a civil action for actual damages, including legal costs and other expenses, which the victim may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement.

(c) To file an action for moral and exemplary damages, which the court may deem proper, wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case.

In an infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings.

(d) To file a criminal action of infringement under Section 217 of the Intellectual Property Code of the Philippines.