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Intellectual Property Law (excluding Implementing Rules and Regulations) (2) Compulsory
(4) Right of priority i. Use by third parties of names, etc. similar to registered
mark
d. Grounds for cancellation of a patent
j. Infringement and remedies
e. Remedy of the true and actual inventor
(1) Trademark infringement
f. Rights conferred by a patent
(2) Damages
g. Limitations of patent rights
(3) Requirement of Notice
(1) Prior user
k. Unfair competition
(2) Use by the government
l. Trade names or business names
h. Patent infringement
m. Collective marks
(1) Tests in patent infringement
n. Criminal penalties for infringement, unfair competition, false
(a) Literal infringement designation of origin, and false description or
misrepresentation
i. Licensing
(2) Derivative works
(1) Voluntary
c. Non-copyrightable works
d. Rights of copyright owner d. Exceptions
f. Stipulation on interests
I. Banking Laws
The Intellectual Property Office is mandated 6. Under the old law, publication is made
under the law to: after the grant; under the new law, publication
is effected after 18 months from filing date or
1. Examine applications for the grant of priority date.
letters patent for inventions and register utility
models and industrial designs; 7. Under the old law, the penalties for
. repetition of infringement are: PhP10,000
2. Examine applications for the and/or 5 years of imprisonment and the offense
registration of marks, geographic indication prescribes in 2 years; under the present law,
and integrated circuits; the penalties range from PhP100,000 to
. PhP300,000 and/or 6 months to 3 years of
3. Register technology transfer imprisonment and the offense prescribes in 3
arrangements and settle disputes involving years.
technology transfer payments covered by the
provisions of Part II, Chapter IX on Voluntary
Significant changes in the trademark law:
Licensing and develop and implement
strategies to promote and facilitate technology
transfer; The significant changes in the trademark law
. under the old law [R. A. No. 166] and the
4. Promote the use of patent information present law are as follows:
1. Under the former, the element of use National Library and the Supreme Court library, within
before filing a local application is a requirement three (3) weeks, be registered and deposited with it, by
although this is not required when the personal delivery or by registered mail, two (2)
application is based on foreign registration; complete copies or reproductions of the work in such
while under the latter, the element of use has form as the directors of said libraries may prescribe.
been eliminated as a requirement for
application. The scheme of penalties for infringement has also been
changed. From the previous fine of Php200 to
2. Under the former, the term granted is Php2,000 and/or imprisonment of 1 year, the current
20 years renewable for 20-year periods; while range of penalties are as follows:
under the latter, the term is for 10 years,
renewable for 10-year periods.
For first offenders - fine of PhP50,000 to PhP150,000
3. Under the former, the affidavit of use or and/or imprisonment of 1 to 3 years
non-use is required on the 5th, 10th and 15th
anniversaries; while under the latter, proof of
For second offenders - fine of PhP150,000 to
use within 3 years from the filing of the
application is required and the affidavit of use PhP500,000 and/or imprisonment of 3 to 6
should be filed within 1 year from the 5th years
anniversary.
For third and subsequent offenders - fine of
4. Under the former, a Supplemental PhP500,000 to PhP1.5 Million and/or
Register is required to be maintained; while imprisonment of 6 to 9 years.
under the latter, it is no longer required.
In case of insolvency, the offender shall
5. Under the former law, penalties for furthermore suffer subsidiary imprisonment.
infringement, unfair competition, false
designation of origin and false description or
representation range from fine of PhP500 to
PhP2,000 and/or 6 months to 3 years and 4
months of imprisonment; while under the latter
law, the penalties range from fine of PhP50,000
to PhP200,000 and/or 2 to 5 years of
imprisonment.