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PROFESSIONAL REGULATION
COMMISSION
Professional Regulation
Commission (PRC)
Executive
Administer, implements, and enforces the regulatory policies of the national
government, including the maintenance of professional and occupational standards
and ethics and the enforcement of the rules and regulations relative thereto.
Quasi-Legislative
Formulates rules and policies on professional regulation. When published in the
official gazette, these rules have the force and effect of law.
Quasi-Judicial
Investigates cases against erring examinees and professionals. Its decisions have the
force and effect of the decisions of a court of law, with the same level of authority as
a Regional Trial Court. After the lapse of the period within which to file an appeal,
Commission decisions become final and executory.
COMMISSION PROPER
COMMISSION PROPER
HISTORY
1973
The PRC is created with the signing of Presidential Decree No. 223 on June
22 by President Ferdinand E. Marcos
1974
Arch. Eric C. Nubla assumes office as the first PRC Commissioner on
January 2. The PRC Coat-of-Arms designed by the Heraldry Commission is
officially adopted on February 1. The burned CSC building at P. Paredes St. is
solicited by PRC for its use on February 12. The structure later became the
PRC Main Building.
PRC starts issuing certificates of registration in Filipino with English
translation. Proclamation No. 1276 is issued declaring June 22 to 29 of the
year as "Professional Consciousness Week."
Computerization of the database of registered professionals starts with the
assistance of the National Computer Center. The Implementing Rules and
Regulations of P.D. 223 are promulgated on December 9.
HISTORY
1975
1976
1977
PRC starts issuing registration cards valid for 3 years pursuant to Letter
of Instruction No. 567. PRC confers the first "Outstanding Professional of
the Year" awards to professionals.
BOARD OF CHEMICAL
ENGINEERING
HISTORY
On February 23, 1921, under Public Act No. 2985, the Board of
Examiners for Chemical Engineers was placed under the
Secretary of Commerce and Communications. When the
executive department was reorganized in 1932 under Republic
Act No. 4007, the Board was transferred to the Department of
Public Works and Communications. The Department Secretary
appointed the Chairman and Members of the Board, while the
Director of the Bureau of Civil Service administered licensure
examinations and kept all Board records including examination
papers and minutes of Board meetings.
HISTORY
HISTORY
Article I
Title, Statement of Policy, Definition of Terms and Scope of Practice
Article II
Creation of the Professional Regulatory Board for Chemical Engineers
Article III
Licensure Examination and Registration
Article IV
Practice of Chemical Engineering
Article V
General Provisions
Article I
Title, Statement of Policy,
Definition of Terms and
Scope of Practice
Statement of Policy:
It is hereby declared the policy of the State to
supervise and regulate the practice of chemical
engineering vital to national development, upgrade
the chemical engineering education in order to
ensure that our chemical engineers are at par with
the best in the world and to reserve the practice of
such profession to Filipino citizens.
Definition of Terms:
Chemical engineering rendering or offering of professional
chemical engineering service for a fee, salary, reward or
compensation, paid to him or through another person, or even
without such reward or compensation.
Industrial Plant any plant in which a unit process and/or
operations are involved, including the related pollution control and
abatement processes or operations.
Unit Process the chemical change which is involved in the
manufacture of industrial or consumer products or the treatment of
industrial or chemical wastes
Unit Operation the physical operation by which a desired step in
an industrial process is conducted or controlled. This includes, but
are not limited to the ff:
- extraction
- dispersion
- mixing
- separation
- filtration
- screening
- leaching
Scope of Practice:
- Consultation requiring chemical engineering knowledge
- Investigation
- Estimation
- Planning
- Preparation of feasibility studies
- Designing
- Preparation of specifications
- Supervision of installation
- Operation including quality management
- Research and development
Article II
Creation of the Professional
Regulatory Board for
Chemical Engineers
Article III
Licensure Examination and
Registration
Application
1. Certificate of Live Birth in NSO security paper
2. Marriage Contract in NSO security paper (if married)
3. Baccalaureate Transcript of Records
4. College Diploma
5. Certification of Good Moral Character
6. NBI Clearance
7. Other documents that may be required
Scope of Examination
I.
A.
B.
C.
D.
E.
F.
ChE CALCULATIONS
ChE THERMODYNAMICS
REACTION KINETICS
UNIT OPERATIONS
CHEMICAL PROCESS INDUSTRIES
PLANT DESIGN
INSTRUMENTATION AND PROCESS CONTROL
MATHEMATICS
PHYSICS
ENGINEERING MECHANICS
STRENGTH OF MATERIALS
ENGINEERING ECONOMICS
LAWS, CONTRACTS AND ETHICS
Rating
A general average of no less than seventy per centum
(70%)
A rating of no less than fifty per centum (50%) in any
examination subject
Article IV
Practice of Chemical
Engineering
Prohibitions:
a. Practice chemical engineering or render chemical engineering
services, or pass himself off or advertise himself as a chemical
engineer without a valid certificate or registration or when such
has been suspended or revoked;
b. Attempt to use as his own certificate or seal of another person or
impersonate any registered chemical engineer; or
c. Furnish the Board or Commission any false information or
document in order to secure a Certificate of Registration.
Article V
General Provisions
Penal Clause. Any person who shall violate any of the provisions of this
Act shall be guilty of misdemeanor and shall, upon conviction, be
sentenced to a fine of not less than Ten thousand pesos (P10,000.00) nor
more than One million pesos (P1,000,000.00) or imprisonment for a
period of not less than six (6) months nor more than five (5) years or both
at the discretion of the court.
Enforcement Assistance to the Board. The Board shall be assisted by the
Commission in carrying out the provisions of this Act and its
implementing rules and regulations and other policies. The lawyers of the
Commission shall act as prosecutors against illegal practitioners and
other violators of this Act and its rules. The duly constituted authorities
of the government shall likewise assist the Board and the Commission in
enforcing the provisions of this Act and its rules.
Patent
Industrial Design
Geographical Indications
Undisclosed Information
Utility Models
Plant Varieties
Patent
Refers to the title granted to protect an
invention, defined as any technical solution of a problem
in any field of human activity which is new, involves
inventive step and is industrially applicable
It also refers to a product or process or an
improvement of any of the foregoing
First-to-File Rule
If two or more persons have made an invention
separately, the patent belongs to the applicant who has
the earliest filing date or the earliest priority date
Industrial Design
Refers to any composition of lines or colors or
any three-dimensional form, whether or not associated
with lines and colors; provided that such composition or
form gives a special appearance and can serve as a
pattern for an industrial product or handicraft
Geographical Indications
Indications that identify a good as originating in
the territory of a country or a region or locality in the
territory where a given quality, reputation, or other
characteristic of the good essentially attributable to its
geographical origin
Geographical Indications
Indications that identify a good as originating in
the territory of a country or a region or locality in the
territory where a given quality, reputation, or other
characteristic of the good essentially attributable to its
geographical origin
Layout Design of Integrated Circuits
Means three dimensional disposition of the
element, at least one of which is an active element, and
of some or all of the interconnections of an integrated
circuit
Undisclosed Information
Natural and legal persons may prevent
information lawfully within their control from being
disclosed to, acquired by, or used by others without their
consent in a manner contrary to honest commercial
practices so long as such information:
o
Is secret
Plant Varieties
Plant varieties that are new, distinct and stable
are qualified for protection
Included among the intellectual property under
Republic Act 9168 which took effect on July 20, 2002
The Intellectual Property Office
Formerly the IPO is under the Department of
Trade and Industry as provided in RA 8293; now it is
under the Office of the President as per Executive
Order No. 39 issued on October 2001
TERMS ON PROTECTION
Patent The term of protection is 20 years from the filing date of
the application
Utility Model The term of protection is 7 years from the filing
date of the application.
Industrial Design The term of protection is 5 years from the
filing date of the application and may be renewed for not more
than two consecutive periods of five years each from the filing of
the application.
TERMS ON PROTECTION
MARK
COLLECTIVE MARK
any visible sign capable of
distinguishing the origin, common
characteristic, quality of goods or
services of different enterprises
under the control of the registered
owner (Sec. 121.2)
GEOGRAPHICAL INDICATIONS
identify a good as originating in territory,
region or locality, where given quality,
reputation or other characteristic of the
good is essentially attributable to its
geographical origin.
GEOGRAPHICAL INDICATIONS
DAVAO POMELO
YAKAN TEXTILE
KALINGA COFFEE
DAGUPAN BANGUS
Marks of Ownership
TRADEMARK
TRADE NAME
SERVICE MARK
COLLECTIVE MARK
Other Examples
PROVINCIAL GOVERNMENT OF PAMPANGA
Functions of Trademarks
Indicators of origin
Functions of Trademarks
Indicators of quality
Functions of Trademarks
Advertising function
Langhap sarap
Importance of Trademark
Registration
3 Gs to Owner/Registrant
Grants exclusivity
Gains recognition and reputation
Generates goodwill
Registrability of Marks
(Sec. 123)
immoral, deceptive,
scandalous,
disparage
WHITE HOUSE
for alcoholic beverages
BUDDHA
for guns & ammunitions
Registrability of Marks
(Sec. 123)
misleading marks
BOLPEN
for Pencils
Registrability of Marks
(Sec. 123)
generic indications
customary or usual
in trade
VCO
for virgin
coconut oil
Registrability of Marks
(Sec. 123)
Descriptive
indications
Descriptive
as to origin
LATUNDAN
GENSAN
for bananas
for tuna
Registrability of Marks
(Sec. 123)
color marks
MARY JANE
for cigarettes
PRO-TERRORISM
for clothing
Registrability of Marks
Three-Dimensional Marks
Perfume
Brandy
Registrability of Marks
THREE-DIMENSIONAL MARK
(CALLED OYSTER
PROFESSIONAL)
Registrability of Marks
(Sec. 123)
identical/confusingly
similar marks
BIG MAC vs. BIG MAK
437 SCRA 10
Registrability of Marks
TM Application Filing
Requirements
Application Form
Name & Address of Applicant
List of Goods/Services
Filing Fee
Disclaimer
Applicant disclaimed the exclusive right
to use the word coffee
Issuance of Certificate
of Registration
No
Is there an
opposition?
Yes
Opposition
Decision
Publication
Issuance of Certificate
of Registration
Yes
Publication
Favorable to
Applicant?
No
Motion for
Reconsideration
or Appeal to DG
Duration of Trademarks
IPPhil Vision
IP PHILIPPINES:
Fostering a creative and
competitive Philippines
that values, nurtures and
uses intellectual property
for national development.