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How to treat the procurement of Purchase of Books if there is a copyright?

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How to treat the procurement of Purchase of Books if there is a copyright?

Post by msm326 on Sat Jan 19, 2013 11:19 am

Just want to ask query and inputs on how to implement the procurement of books for Day Care worth 5M, do we need to bid it or direct contracting can be the other mode of procurement?

salamat
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Re: How to treat the procurement of Purchase of Books if there is a copyright?

Post by regina avelino on Mon Jan 21, 2013 9:49 am

Direct contracting is applicable when the goods being procured are covered by a patent, trade secret, or copyright duly acquired under the law. The registered owner of a patent, copyright, or any other form of intellectual property has exclusive rights over the product, design or process covered by such patent, copyright, or registration. Such exclusive right includes the right to use, manufacture, sell or otherwise derive economic benefit from the item, design or process. If the BAC has conducted an initial survey prior to the commencement of the procurement process and determine that the product is under by law subject to copyright then, it would be safe to say you can proceed with the alternative mode of procurement.

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Re: How to treat the procurement of Purchase of Books if there is a copyright?

Post by msm326 on Mon Jan 21, 2013 11:04 am

thanks a lot
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Re: How to treat the procurement of Purchase of Books if there is a copyright?

Post by ombudsboy on Tue Jan 22, 2013 10:48 am

There is one other option. You can employ direct contracting for the copyright license and then bid out the printing and delivery; that is, if this will be more advantageous for the government.

Here is a press release that may shed light on the matter - http://rp1.abs-cbnnews.com/-depth/12/05/11/deped-questioned-p132b-textbook-contracts

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Re: How to treat the procurement of Purchase of Books if there is a copyright?

Post by msm326 on Tue Jan 22, 2013 8:44 pm

thanks for the info
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Re: How to treat the procurement of Purchase of Books if there is a copyright?

Post by engrjhez® on Fri Jan 25, 2013 8:10 pm

msm326 wrote:Just want to ask query and inputs on how to implement the procurement of books for Day Care worth 5M, do we need to bid it or direct contracting can be the other mode of procurement?

salamat

"All procurement shall be done through competitive bidding..." (Sec.10, R.A. No. 9184)

This is the fundamental and safest mode of procurement. You can never go wrong with it. The resort to alternative methods shall only be on highly exceptional cases. (Sec.48.2, IRR of R.A. No. 9184)

My take on this matter may be read from my blog "Procurement of Textbooks and Reading Materials"

Smile

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