C. Electronic Commerce and Digital Trade

Electronic Commerce and Digital Trade (Review of Supplied Authorities)

The supplied legal authorities do not contain provisions or doctrines governing electronic commerce or digital trade. Rather, regarding intellectual property rights under commercial law, Cosac, Inc. v. Filipino Society of Composers, G.R. No. 222537, 28 February 2023, clarifies that copyrighted works are protected from the moment of creation, and registration is merely for recording, such that a failure to register an assignment agreement does not affect the validity of the transfer¹. Furthermore, copyright infringement encompasses both primary and secondary infringers, rendering an establishment owner liable when it consents to and benefits from unauthorized public performances of copyrighted music by third parties on its premises¹. In determining whether an unauthorized public performance constitutes copyright infringement, profit is not the controlling factor, though it remains relevant when evaluating limitations on copyright or fair use¹.

Separately, under Republic Act No. 11494, the President was authorized to exercise powers necessary and proper to implement COVID-19 response and recovery interventions, including the adoption of disease surveillance protocols defining minimum health standards for workplaces and business activities². In Lingad v. People, G.R. No. 224945, 11 October 2022, the Supreme Court ruled on criminal penalties under the Anti-Money Laundering Act, holding that a conviction under Section 4(a) of Republic Act No. 9160, as amended by Republic Act No. 9194, carries an indeterminate penalty of imprisonment, accessory penalties, and a fine, and entitles a convict who has fully served the maximum sentence to immediate release unless detained for another lawful cause³.