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Property
Rights
Failure
to
comply
with
such
mandatory
and
prohibited
That
consisting
of:
clauses
would
automatically
render
the
TTA
a.
Copyright
and
Related
rights;
unenforceable.
b.
Trademarks
and
Service
Marks;
Exception:
If
the
same
is
approved
and
registered
with
c.
Geographic
indications;
the
Documentation,
Information
and
Technology
d.
Industrial
Designs;
Transfer
Bureau.
e.
Patents;
Intellectual
Property
Office
f.
Layout
designs
of
Integrated
Circuits;
Headed
by
a
Director
General
assisted
by
2
Deputy
g.
Protection
of
Undisclosed
Information.
Director
generals.
-‐All
appointed
by
the
President
Trademark
Divided
into
7
bureaus:
Any
visible
sign
capable
of
distinguishing
the
goods
1.
Bureau
of
Patents
(trademark)or
services
(service
mark)
of
an
enterprise
2.
Bureau
of
Trademarks
and
shall
include
a
stamped
or
marked
container
of
3.
Bureau
of
Legal
Affairs
goods
4.
Documentation,
Information
and
Technology
Transfer
Bureau
Tradename
5.
Management
Information
System
and
EDP
Bureau
The
name
or
designation
identifying
or
distinguishing
an
6.
The
Administrative,
Financial
and
personnel
Services
enterprise.
Bureau;
Copyright
7.
Bureau
of
Copyright
and
Other
Related
Rights
Confined
to
literary
and
artistic
works
which
are
original
Functions:
intellectual
creations
in
the
literary
and
artistic
domain
protected
from
the
moment
of
their
creation.
• Examine
application
for
grant
of
letters
patent
for
inventions
and
register
utility
models
and
industrial
Patentable
Inventions
designs;
Refer
to
any
technical
solution
of
a
problem
in
any
field
• Examine
application
for
the
registration
of
marks,
of
human
activity
which
is
new,
involves
and
inventive
geographic
indication,
integrated
circuits;
step
and
is
industrially
applicable.
• Register
Technology
Transfer
Arrangements
and
Technology
Transfer
Arrangement
settle
disputes
involving
technology
transfer
Contracts
or
agreements
involving
the
transfer
of
payments;
systematic
knowledge
for
the
manufacture
of
a
• Promote
the
use
of
patent
information
as
a
tool
for
product,
the
application
of
a
process,
or
rendering
of
a
technology
development;
service
including
management
contracts;
and
the
• Publish
regularly
in
its
own
publication
the
patents,
transfer,
assignment
or
licensing
of
all
forms
of
marks,
utility
models
and
industrial
designs,
issued
intellectual
property
rights,
including
licensing
of
and
approved,
and
the
technology
transfer
computer
software
developed
for
mass
market.
arrangements
registered;
• Administratively
adjudicate
contested
proceedings
Nature
affecting
intellectual
property
rights;
A
Licensing
contract
• Coordinate
with
other
government
agencies
and
-‐It
is
a
contract,
between
an
intellectual
property
right
the
private
sector
efforts
to
formulate
and
owner,
as
the
licensor,
and
a
second
party,
as
the
implement
plans
and
policies
to
strengthen
the
licensee
who
was
granted
the
authority
to
commercially
exploit
the
same
intellectual
property
right
under
protection
of
intellectual
property
rights
in
the
country.
specified
terms
and
conditions.
1. The
effective,
efficient,
and
economical
operations
With
the
creation
of
the
Bureau
of
Copyright
and
Other
of
the
Office
requiring
statutory
enactment;
Related
Rights,
the
amendatory
law
divested
the
2. Coordination
with
other
agencies
of
government
in
Director
General
with
original
jurisdiction
to
resolve
relation
to
the
enforcement
of
intellectual
property
disputes
relating
to
the
terms
of
license
involving
rights;
author’s
right
to
public
performance.
3. The
recognition
of
attorneys,
agents,
or
other
Where
to
appeal
persons
representing
applicants
or
other
parties
Depends..
before
the
Office;
4. The
establishment
of
fees
for
the
filing
and
Decisions
of
the
Director
General
in
the
exercise
of
his
processing
of
an
application
for
a
patent,
the
utility
appellate
jurisdiction
in
respect
of
the
decisions
of
the
model
or
industrial
design
or
mark
or
a
collective
Director
of
Patents,
Trademarks,
and
Copyright
and
mark,
geographic
indication
and
other
marks
of
other
Related
Rights
are
appealable
to
the
CA
in
ownership,
and
for
all
other
services
performed
and
accordance
with
the
Rules
of
Court.
materials
furnished
by
the
office.
Decisions
of
the
Director
General
in
respect
of
the
Qualifications:
(Director
and
Deputy)
decisions
of
the
Director
of
Documentation,
Information
and
Technology
Transfer
1. Natural-‐born
citizen
of
the
Philippines;
2. At
least
35
years
of
age
on
the
day
of
their
Law
on
Patents
appointment;
Patent
(Latin
word-‐
Patere-‐
to
lay
open)
3. Holder
of
a
college
degree
and
of
proven
A
set
of
exclusive
rights
granted
by
a
state
to
an
competence,
integrity,
probity
and
independence;
inventor
or
his
assignee
for
a
fixed
period
of
time
in
exchange
for
a
disclosure
of
an
invention.
Provided,
that
the
Director
General
and
at
least
1
Deputy
General
shall
be
members
of
the
bar
who
have
Threefold
Purpose
and
Ultimate
Goal
engaged
in
the
practice
of
law
for
at
least
10
years:
Provided,
further,
that
in
the
selection
of
the
Director
1. Patent
law
seeks
to
foster
and
reward
invention;
general
and
the
Deputies
Director
General,
2. It
promotes
the
disclosures
of
inventions
to
consideration
shall
be
given
to
such
qualifications
as
stimulate
further
invention
and
to
permit
the
public
would
result,
as
far
as
practicable,
in
the
balanced
to
practice
the
invention
once
the
once
the
patent
representation
in
the
Directorate
General
of
the
various
expires;
fields
of
intellectual
property.
3. The
stringent
requirements
for
patent
protection
seek
to
ensure
that
ideas
in
the
public
domain
Term
of
Office
remain
there
for
the
free
use
of
the
public.
5
years
and
shall
be
eligible
for
reappointment
only
once.
Ultimate
goal
is
to
bring
new
designs
and
technologies
Appointment
to
any
vacancy
shall
be
only
for
the
in
to
the
public
domain
through
disclosure.
unexpired
term
of
the
predecessor.
Patentable
Inventions
Jurisdiction
Sec.
21.
Patentable
Inventions.-‐
Any
technical
solution
The
Director
General
has
exclusive
appellate
jurisdiction
of
a
problem
in
any
field
of
human
activity
which
is
new,
over
all
decisions
rendered
by
the:
involves
an
inventive
step
and
is
industrially
applicable
1. Director
of
Legal
Affairs;
(Final
Orders,
not
shall
be
patentable.
It
may
be,
or
may
relate
to,
a
Interlocutory-‐
CA)
product,
or
process,
or
an
improvement
of
any
of
the
2. Director
of
Patents
foregoing.
3. Director
of
trademarks;
Non-‐patentable
inventions
Publication
of
Grant
of
Patent
A
grace
period
of
6
months
from
the
due
date
shall
be
In
the
IPO
Gazette
granted
for
the
payment
of
the
annual
fee,
upon
Any
interested
party
may
inspect
the
complete
payment
of
the
prescribed
surcharge
for
delayed
descriptions,
claims,
and
drawings
of
the
patent
on
file
payment.
with
the
Office.
Surrender
of
Patent
Issuance
of
the
certificate
of
Letters
Patent
The
owner
of
the
patent,
with
the
consent
of
all
persons
Issued
in
the
name
of
the
Republic
of
the
Philippines
having
grants
or
licenses
or
other
right,
title
or
interest
under
the
Seal
of
the
Office
and
shall
be
signed
by
the
in
and
to
the
patent
and
the
invention
covered
thereby,
Director,
and
registered
together
with
the
description,
which
have
been
recorded
in
the
Office,
may
surrender
claims,
and
drawings,
if
any,
in
books
and
records
of
the
his
patent
or
any
claim
or
claims
forming
part
thereof
to
office.
the
Office
for
cancellation.
Term
of
Patent
(Apply
the
First-‐to-‐file
rule)
Correction
of
Mistakes
The
term
of
a
patent
shall
be
20
years
from
the
filing
The
Director
of
Patent
has
the
power
to
correct,
date
of
the
application.
without
fee,
any
mistake
in
a
patent
incurred
through
the
fault
of
the
Office
when
clearly
disclosed
in
the
Not
absolute,
since
a
patent
shall
cease
to
be
in
force
records
thereof,
to
make
the
patent
conform
to
the
and
effect
if
any
prescribed
annual
fees
therefor
is
not
records.
paid
within
the
prescribed
time
or
if
the
patent
is
cancelled
in
accordance
with
the
This
is
done
upon
written
petition
of
the
patentee
or
provisions
of
the
law
and
implementing
rules
and
assignee
of
record
and
upon
tender
to
the
office
of
the
regulations.
copy
of
the
patent
issued.
After
the
expiration
of
the
patent,
the
monopoly
ceases
Also,
on
request
of
any
interested
person
and
payment
to
exist
and
the
subject
matter
of
patent
becomes
part
of
the
prescribed
fee,
the
Director
is
authorized
to
of
public
domain.
correct
any
mistake
in
a
patent
of
a
formal
and
clerical
nature,
not
incurred
through
the
fault
of
the
office.
Annual
fees
The
1st
annual
fee
on
a
patent
shall
be
due
and
payable
Changes
in
Patents
on
the
expiration
of
4
years
from
the
date
of
the
The
owner
of
a
patent
shall
have
the
right
to
request
application
is
published,
and
on
each
subsequent
the
Bureau
to
make
the
changes
in
the
patent
in
order
anniversary
of
such
date.
to:
Payment
may
be
made
within
3
months
before
the
due
a.
Limit
the
extent
of
the
protection
conferred
by
it;
date.
b.
Correct
obvious
mistakes
or
to
correct
clerical
errors;
The
obligation
to
pay
the
annual
fees
shall
terminate
c.
Correct
mistakes
or
errors,
other
than
those
referred
should
the
application
be
withdrawn,
refused,
or
to
in
letter
b,
made
in
good
faith,
provided
that
where
cancelled.
the
change
would
result
in
a
broadening
of
the
extent
Date
application
is
the
date
when
the
IPO
Gazette
of
protection
conferred
by
the
patent,
no
request
may
containing
the
application
is
released
for
circulation.
be
made
after
the
expiration
of
2
years
from
the
grant
of
a
patent
and
the
change
shall
not
affect
the
rights
of
If
any
annual
fee
is
not
paid
within
the
prescribed
time,
any
3rd
party
which
has
relied
on
the
patent,
as
the
application
shall
be
deemed
withdrawn
or
the
published.
patent
considered
as
lapsed
from
the
day
following
the
expiration
of
the
period
within
which
the
annual
fees
No
change
in
the
patent
shall
be
permitted
under
this
were
due.
section
where
the
change
would
result
in
the
disclosure
A
notice
that
the
application
is
deemed
withdrawn
or
contained
in
the
patent
going
beyond
the
disclosure
the
lapse
of
a
patent
for
non-‐payment
of
any
annual
fee
contained
in
the
application
filed.
Form
and
Publication
of
Amendment
If
the
patent
is
amended
under
Subsection
65.2,
the
An
amendment
or
correction
of
a
patent
shall
be
bureau
shall,
at
the
same
time
as
it
publishes
the
accomplished
by
a
certificate
of
such
amendment
or
mention
of
the
cancellation
decision,
publish
the
correction,
authenticated
by
the
seal
of
the
office
and
abstract,
representative
claims
and
drawings
indicating
signed
by
the
Director,
which
certificate
shall
be
clearly
what
the
amendments
consist
of.
attached
to
the
patent.
Notice
of
such
amendment
or
Effect
of
cancellation
of
Patent
or
Claim
correction
shall
be
published
in
the
IPO
Gazette
and
The
rule
is
that
the
decision
or
order
to
cancel
the
copies
of
the
patent
kept
or
furnished
by
the
Office
patent
or
claim
by
the
Director
of
Legal
Affairs
shall
be
shall
include
a
copy
of
the
certificate
of
amendment
or
immediately
executory
even
pending
appeal
unless
this
correction.
decision
is
restrained
by
the
Director
general.
Notice
of
Cancellation
of
Patent
the
cancellation
shall
be
published
in
the
IPO
Gazette.
Grounds
Remedies
of
Persons
deprived
of
patent
ownership
Any
interested
person
may,
upon
payment
of
the
Person
Declared
by
Final
Court
order
as
having
the
required
fee,
petition
to
cancel
the
patent
or
any
claim
Right
to
the
Patent
thereof,
or
parts
of
the
claim
If
a
Person
referred
to
in
Section
29
other
than
the
Grounds
for
cancellation:
applicant,
is
declared
by
final
court
order
or
decision
as
a.
The
invention
is
not
new
or
patentable;
having
the
right
to
the
patent,
such
person
may,
within
b.
The
patent
does
not
disclose
the
invention
in
a
3
months
after
the
decision
has
become
final:
manner
sufficiently
clear
and
complete
for
it
to
be
carried
out
by
any
person
skilled
in
the
art;
a.
Prosecute
the
application
as
his
own
application
in
c.
The
patent
is
contrary
to
public
order
or
morality.
place
of
the
applicant;
b.
File
a
new
patent
application
in
respect
of
the
same
Where
the
grounds
for
cancellation
relate
to
some
of
invention;
the
claims
or
parts
of
the
claim,
cancellation
may
be
c.
Request
that
the
application
be
refused;
effected
to
such
extent
only.
d.
Seek
cancellation
of
the
patent,
if
one
has
already
Petition
for
Cancellation
been
issued.
Shall
be
in
writing,
verified
by
the
petitioner
or
by
any
True
and
Actual
Inventor
person
in
his
behalf
who
knows
the
facts,
specify
the
If
a
person,
who
was
deprived
of
the
patent
without
his
grounds
upon
which
it
is
based,
include
a
statement
of
consent
or
through
fraud
is
declared
by
final
court
order
the
facts
to
be
relied
upon,
and
filed
with
the
Office.
or
decision
to
be
the
true
and
actual
inventor,
the
court
Jurisdiction
and
Notice
of
hearing
shall
order
for
his
substitution
as
patentee,
or
at
the
With
the
Director
of
Legal
Affairs.
option
of
the
true
inventor,
cancel
the
patent,
and
award
actual
and
other
damages
in
his
favor
if
In
cases
involving
highly
technical
issues,
on
motion
of
warranted
by
the
circumstances.
any
party,
the
Director
of
legal
Affairs
may
order
that
the
petition
be
heard
and
decided
by
a
Committee
Publication
of
the
Court
Order
composed
of
the
Director
of
Legal
Affairs
as
chairman
In
both
instances
referred
above,
the
court
shall
furnish
and
2
members
who
have
the
experience
or
expertise
in
the
Office
a
copy
of
the
order
or
decision,
which
shall
be
the
field
of
technology
to
which
the
patent
sought
to
be
published
in
the
IPO
Gazette
within
3
months
from
the
cancelled
relates.
The
decision
of
the
Committee
shall
date
such
order
or
decision
became
final
and
executory,
be
appealable
to
the
Director
general.
and
shall
be
recorded
in
the
register
of
the
Office.
Cancellation
of
the
Patent
Time
to
file
action
in
court
If
the
committee
finds
that
a
case
for
cancellation
has
Within
1
year
from
the
date
of
publication.
been
proven,
it
shall
order
the
patent
or
any
specified
Remedies
against
Infringement
claim
or
claims
thereof
cancelled.
Rights
conferred
by
patent
If
the
fee
for
the
printing
of
a
new
patent
is
not
paid
in
Depends
on
whether
the
subject
matter
is
a
product
or
due
time,
the
patent
should
be
revoked.
a
process.
Product-‐
the
Patent
owner
shall
have
the
exclusive
right
which
is
a
party
to
any
convention,
treaty
or
agreement
to
restrain,
prohibit
and
prevent
any
unauthorized
relating
to
intellectual
property
rights
or
the
repression
person
or
entity
from
making,
using,
offering
for
sale,
of
unfair
competition,
to
which
the
Philippines
is
also
a
selling
or
importing
that
product.
party,
or
extends
reciprocal
rights
to
nationals
of
the
Philippines
by
law,
shall
be
entitled
to
benefits
to
the
Process-‐
The
patent
owner
shall
have
the
exclusive
right
extent
necessary
to
give
effect
to
any
provision
of
such
to
restrain,
prevent
or
prohibit
any
unauthorized
person
convention,
treaty
or
reciprocal
law,
in
addition
to
the
or
entity
from
using
the
process,
and
from
rights
to
which
any
owner
of
an
intellectual
property
manufacturing,
dealing
in,
using,
selling
or
offering
for
right
is
otherwise
entitled
by
this
act.
sale,
or
importing
any
product
obtained
directly
or
indirectly
from
such
process.
Presumptions
in
Patent
infringement
action
If
the
subject
matter
of
a
patent
is
a
process
for
Regardless
whether
the
patent
is
over
a
product
or
a
obtaining
a
product,
any
identical
product
shall
be
process,
the
patent
owners
shall
have
the
right
to
assign
presumed
to
have
been
obtained
through
the
use
of
the
it,
transfer
it
by
succession,
or
conclude
licensing
patented
process
if
the
product
is
new
or
there
is
contracts
for
the
same.
substantial
likelihood
that
the
identical
product
was
Civil
Action
for
infringement
made
by
the
process
and
the
owner
of
the
patent
has
Patent
Infringement
been
unable
despite
reasonable
efforts,
to
determine
The
making,
using,
offering
for
sale,
selling,
or
importing
the
process
actually
used.
In
ordering
the
defendant
to
a
patented
product
or
a
product
obtained
directly
or
prove
that
the
process
to
obtain
the
identical
product
is
indirectly
from
a
patented
process,
or
the
use
of
a
different
from
the
patented
process,
the
court
shall
patented
process
without
the
authorization
of
the
adopt
measures
to
protect,
as
far
as
practicable,
his
patentee.
manufacturing
and
business
secrets.
The
rule
will
not
apply
to:
Sec.
80.
Damages;
Requirement
of
Notice.-‐
Damages
Sections
72.1
and
72.4
(Limitations
of
patent
rights);
cannot
be
recovered
for
acts
of
infringement
section
74
(Use
of
invention
by
government);
committed
before
the
infringer
had
known;
or
had
Section
93.6
(Compulsory
Licensing);
reasonable
grounds
to
know
of
the
patent.
It
is
Section
93-‐A
(Procedures
on
Issuance
of
a
Special
presumed
that
the
infringer
had
known
of
the
patent
if
Compulsory
License
under
the
TRIPS
agreement)
on
the
patented
product
or
on
the
container
or
package
The
patentee
or
anyone
possessing
any
right,
title
or
in
which
the
article
is
supplied
to
the
public,
or
on
the
interest
may
bring
a
civil
action
before
a
court
of
advertising
material
relating
to
the
patented
product
or
competent
jurisdiction,
to
recover
from
the
infringer
process,
are
placed
the
words
‘Philippine
Patent’
with
such
damages
sustained
thereby,
plus
attorney’s
fees
the
number
of
the
patent.
and
other
expenses
of
litigation,
and
to
secure
an
Prescription
in
action
for
infringement
injunction
for
the
protection
of
his
rights.
May
award
by
No
damages
can
be
recovered
for
acts
of
infringement
way
of
damages
a
sum
equivalent
to
reasonable
royalty.
committed
more
than
4
years
before
the
institution
of
Anyone
who
actively
induces
the
infringement
of
a
the
action
for
infringement.
patent
or
provides
the
infringer
with
a
component
of
a
Defenses
in
Action
for
Infringement
patented
product
or
of
a
product
produced
because
of
The
defendant,
in
addition
to
other
defenses
available
a
patented
process
knowing
it
to
be
especially
adopted
to
him,
may
show
the
invalidity
of
the
patent,
or
any
for
infringing
the
patented
invention
and
not
suitable
claim
thereof,
on
any
of
the
grounds
on
which
a
petition
for
substantial
non-‐infringing
use
shall
be
liable
as
a
of
cancellation
can
be
brought
under
sec.
61.
contributory
infringer
and
shall
be
jointly
and
severally
liable
with
the
infringer.
Section
61.
Cancellation
of
Patents.
-‐
61.1.
Any
interested
person
may,
upon
payment
of
the
required
Infringement
Action
by
a
Foreign
National
fee,
petition
to
cancel
the
patent
or
any
claim
thereof,
Sec.
3.
International
conventions
and
Reciprocity.-‐
Any
or
parts
of
the
claim,
on
any
of
the
following
grounds:
person
who
is
a
national
or
who
is
domiciled
or
has
a
real
and
effective
industrial
establishment
in
a
country
(a)
That
what
is
claimed
as
the
invention
is
not
new
or
purposes
or
educational
purposes
and
such
other
Patentable;
activities
directly
related
to
such
scientific
or
educational
experimental
use;
(b)
That
the
patent
does
not
disclose
the
invention
in
a
manner
sufficiently
clear
and
complete
for
it
to
be
4.
in
the
case
of
drugs
and
medicines,
where
the
act
carried
out
by
any
person
skilled
in
the
art;
or
includes
testing,
using,
making
or
selling
the
invention
including
any
data
related
thereto,
solely
for
purposes
(c)
That
the
patent
is
contrary
to
public
order
or
reasonable
related
to
the
development
and
submission
morality.
of
information
and
issuance
of
approvals
by
Criminal
action
for
infringement
government
regulatory
agencies
required
under
any
law
If
infringement
is
repeated
by
the
infringer
or
by
anyone
of
the
Philippines
or
of
another
country
that
regulates
in
connivance
with
him
after
finality
of
the
judgment
of
the
manufacture,
construction,
use
or
sale
of
any
the
court
against
the
infringer,
the
offenders
shall,
product:
Provided,
that,
in
order
to
protect
the
data
without
prejudice
to
the
institution
of
a
civil
action
for
submitted
by
the
original
patent
holder
from
unfair
damages,
be
criminally
liable
therefor
and,
upon
commercial
use
provided
in
article.
93.3
of
the
TRIPS
conviction,
shall
suffer
imprisonment
for
the
period
of
agreement,
the
Intellectual
Property
Office,
in
not
less
than
6
months
but
not
more
than
3
years
consultation
with
the
appropriate
government
agencies
and/or
a
fine
of
not
less
than
100k
but
not
more
than
shall
issue
the
appropriate
rules
and
regulations
300k,
at
the
discretion
of
the
court.
The
criminal
action
necessary
therein
not
later
than
120
days
after
the
herein
provided
shall
prescribe
in
3
years
from
the
date
enactment
of
this
law;
of
the
commission
of
the
crime.
5.
Where
the
act
consists
of
the
preparation
for
The
law
is
clear
therefore
that
criminal
liability
only
individual
cases,
in
a
pharmacy
or
by
a
medical
inures
when
the
infringement
is
repeated.
professional,
of
a
medicine
in
accordance
with
a
medical
prescription
or
acts
concerning
the
medicine
so
Limitations
on
Patent
Rights
prepared;
Acts
Allowed
even
without
authorization
The
owner
of
a
patent
has
no
right
to
prevent
3rd
parties
6.
Where
the
invention
is
used
in
any
ship,
vessel,
from
performing,
without
his
authorization,
the
acts
aircraft,
or
land
vehicle
of
any
other
country
entering
referred
to
in
section
72,
as
amended
by
RA
9502:
the
territory
of
the
Philippines
temporarily
or
accidentally:
Provided,
That
such
invention
is
used
1.
Using
a
patented
product
which
has
been
put
on
the
exclusively
for
the
needs
of
the
ship,
vessel,
aircraft,
or
market
in
the
Philippines
by
the
owner
of
the
product,
land
vehicle
and
not
used
for
the
manufacturing
of
or
with
his
express
consent,
insofar
as
such
use
is
anything
to
be
sold
within
the
Philippines.
performed
after
that
product
has
been
so
put
in
the
market:
Provided,
that,
with
regard
to
drugs
and
Prior
User
medicines,
the
limitation
on
patent
rights
shall
apply
Any
user,
who,
in
good
faith
was
using
the
invention
or
after
a
drug
or
medicine
has
been
introduced
in
the
has
undertaken
serious
preparations
to
use
the
Philippines
or
anywhere
else
in
the
world
by
the
patent
invention
or
has
undertaken
serious
preparations
to
use
owner,
or
by
any
party
authorized
to
use
the
invention:
the
invention
in
his
enterprise
or
business,
before
the
Provided,
further,
that
the
right
to
import
the
drugs
and
filing
date
or
priority
date
of
the
application
on
which
a
medicines
contemplated
in
this
section
shall
be
patent
is
granted,
shall
have
the
right
to
continue
the
available
to
any
government
agency
or
any
private
3rd
use
thereof
as
envisaged
in
such
preparations
within
party;
the
territory
where
the
patent
produces
its
effect.
2.
Where
the
act
is
done
privately
and
on
a
non-‐ To
protect
the
patent
owner,
however,
the
prior
user
commercial
scale
or
for
non-‐commercial
purpose:
may
only
transfer
or
assign
this
right
if
it
is
transferred
provided,
that
it
does
not
significantly
prejudice
the
or
assigned
together
with
his
enterprise
or
business,
or,
economic
interests
of
the
owner
of
the
patent;
with
that
part
of
his
enterprise
or
business
in
which
the
use
or
preparations
for
use
have
been
made.
3.
Where
the
act
consists
of
making
or
using
exclusively
for
experimental
use
of
the
invention
for
scientific
Use
of
Invention
by
government
Section
74.1
©,
the
right
holder
shall
be
notified
as
GR:
The
government
is
bound
to
respect
the
patent.
soon
as
reasonable
practicable;
(Due
process
Shit,
property
daw
siya)
b.
In
the
case
of
public
non-‐commercial
use
of
the
rd
Xpn:
A
Government
agency
or
3
person
authorized
by
patent
by
the
patentee,
without
satisfactory
reason,
as
the
government
may
exploit
the
invention
even
without
provided
under
74.1
(d),
the
right
holder
shall
be
agreement
of
the
patent
owner
where:
informed
promptly:
Provided,
that,
the
Government
or
1.
The
Public
interest,
in
particular,
National
Security,
3rd
person
authorized
by
the
Government,
without
nutrition,
health
or
the
development
of
other
sectors,
making
a
patent
search,
knows
or
has
demonstrable
as
determined
by
the
appropriate
agency
of
the
ground
to
know
that
a
valid
patent
is
or
will
be
used
by
government,
so
requires;
or
for
the
government;
2.
A
judicial
or
administrative
body
has
determined
that
c.
if
the
demand
for
the
patented
article
in
the
the
manner
of
exploitation,
by
the
owner
of
the
patent
Philippines
is
not
being
met
to
an
adequate
extent
and
or
his
license,
is
anti-‐competitive.
on
reasonable
terms
as
provided
under
section
74.1
€,
the
right
holder
shall
be
informed
promptly;
Under
RA
9502:
d.
The
scope
and
duration
of
such
use
shall
be
limited
to
Sec.
74.
Use
of
Invention
by
Government.-‐
74.1.
A
the
purpose
for
which
it
was
authorized;
government
agency
or
3rd
person
authorized
by
the
government
may
exploit
the
invention
even
without
e.
such
use
shall
be
non-‐exclusive;
agreement
of
the
patent
owner
where:
f.
the
right
holder
shall
be
paid
adequate
remuneration
a.
The
public
interest,
in
particular,
national
security,
in
the
circumstances
of
each
case,
taking
into
account
nutrition,
health
or
the
development
of
other
sectors,
the
economic
value
of
the
authorization;
as
determined
by
the
appropriate
agency
of
the
g.
the
existence
of
a
national
emergency
or
other
government,
so
requires;
or
circumstances
of
extreme
urgency,
referred
to
under
b.
A
judicial
or
administrative
body
has
been
Section
74.1
c,
shall
be
subject
to
the
determination
of
determined
that
the
manner
of
exploitation,
by
the
the
President
of
the
Philippines
for
the
purpose
of
owner
of
the
patent
or
his
licensee,
is
anti-‐competitive;
determining
the
need
for
such
use
or
other
exploitation,
which
shall
be
immediately
executory.
c.
In
the
case
of
drugs
and
medicines,
there
is
a
national
emergency
or
other
circumstance
of
extreme
urgency
74.3.
All
cases
arising
from
the
implementation
of
this
requiring
the
use
of
the
invention;
provision
shall
be
cognizable
by
courts
with
appropriate
jurisdiction
provided
by
law.
d.
in
the
case
of
drugs
and
medicines,
there
is
public
non-‐commercial
use
of
the
patent
by
the
patentee,
No
court,
except
the
Supreme
Court
of
the
Philippine,
without
satisfactory
reason;
shall
issue
any
temporary
restraining
order
or
preliminary
injunction
or
such
other
provisional
e.
in
the
case
of
drugs
and
medicines,
the
demand
for
remedies
that
will
prevent
its
immediate
execution.
the
patented
article
in
the
Philippines
is
not
being
met
to
an
adequate
extent
and
on
reasonable
terms,
as
74.4.
The
Intellectual
Property
Office,
in
consultation
determined
by
the
Secretary
of
the
Department
of
with
the
appropriate
government
agencies,
shall
issue
Health.
the
appropriate
implementing
rules
and
regulations
for
the
use
or
exploitation
of
patented
inventions
as
74.2.
unless
otherwise
provided
herein,
the
use
by
the
contemplated
in
this
section
within
120
days
after
the
Government,
or
3rd
person
authorized
by
the
effectivity
of
this
law.
Government
shall
be
subject,
where
applicable,
to
the
following
provisions:
Extent
of
Protection
and
Interpretation
of
Claims;
Tests
in
patent
infringement
a.
In
situations
of
national
emergency
or
other
The
extent
of
protection
conferred
by
the
patent
shall
circumstances
of
extreme
urgency
as
provided
under
be
determined
by
the
claims,
which
are
to
be
interpreted
in
the
light
of
description
and
drawings.
It
is
3.
Those
that
contain
restrictions
regarding
the
volume
the
patent
claims
that
describe
the
scope
of
the
patent.
and
structure
of
production;
For
the
purpose
of
determining
the
extent
of
protection
4.
those
that
prohibit
the
use
of
competitive
conferred
by
the
patent,
due
account
shall
be
taken
of
technologies
in
a
non-‐exclusive
technology
transfer
elements
which
are
equivalent
to
the
elements
agreement;
expressed
in
the
claims,
so
that
a
claim
shall
be
5.
Those
that
establish
a
full
or
partial
purchase
option
considered
to
cover
not
only
all
the
elements
as
in
favor
of
the
licensor;
expressed
therein,
but
also
equivalents.
6.
those
that
obligate
the
licensee
to
transfer
for
free
to
Doctrine
of
Equivalents
the
licensor
the
inventions
or
improvements
that
may
An
infringement
also
takes
place
when
a
device
be
obtained
through
the
use
of
the
licensed
technology;
appropriates
a
prior
invention
by
incorporating
its
innovative
concept
and,
although
with
some
7.
Those
that
require
payment
of
royalties
to
the
owner
modification
and
change,
performs
substantially
the
of
patents
for
patents
which
are
not
used;
same
function
in
substantially
the
same
way
to
achieve
substantially
the
same
result.
8.
Those
that
prohibit
the
licensee
to
export
the
licensed
product
unless
justified
for
the
protection
of
Voluntary
Licensing
the
legitimate
interest
of
licensor
such
as
exports
to
Voluntary
license
contract
countries
where
exclusive
licenses
to
manufacture
One
of
the
ways
by
which
an
inventor
may
reap
and/or
distribute
the
licensed
products
have
already
economic
benefits
from
the
invention
is
by
granting
been
granted;
authority
to
enterprises
that
can
commercially
exploit
the
invention,
either
by
manufacturing,
distribution
or
9.
those
which
restrict
the
use
of
the
technology
retail
selling.
supplied
after
the
expiration
of
the
technology
transfer
arrangement,
except
in
cases
of
early
termination
of
the
The
law
dictates
special
provisions
that
seek
to
regulate
technology
transfer
arrangement
due
to
reasons
contracts
entered
into
by
the
inventor
as
the
licensor
attributable
to
the
licensee;
and
the
licensee.
Section
85.
To
encourage
the
transfer
and
10.
Those
which
require
payments
for
patents
and
dissemination
of
technology,
prevent
or
control
other
industrial
property
rights
after
their
expiration,
practices
and
conditions
that
may
in
particular
cases
termination
arrangement;
constitute
an
abuse
of
intellectual
property
rights
11.
those
which
restrict
the
research
and
development
having
an
adverse
effect
on
competition
and
trade,
all
activities
of
the
licensee
designed
to
absorb
and
adapt
technology
transfer
arrangements
shall
comply
with
the
the
transferred
technology
to
local
conditions
or
to
provisions
of
this
chapter.
initiate
research
and
development
programs
in
Prohibited
Clauses
connection
with
new
products,
processes
or
equipment;
The
law
provides
that
except
in
cases
under
section
91,
12.
Those
which
require
that
the
technology
recipient
the
following
provisions
are
prohibited
since
they
are
shall
not
contest
the
validity
of
any
of
the
patents
of
the
deemed
prima
facie
to
have
an
adverse
effect
on
technology
supplier;
competition
and
trade:
13.
Those
which
prevent
the
licensee
from
adapting
the
1.
Those
which
impose
upon
the
licensee
the
obligation
imported
technology
to
local
conditions,
or
introducing
to
acquire
from
a
specific
source
capital
goods,
innovation
to
it,
as
long
as
it
does
not
impair
the
quality
intermediate
products,
raw
materials,
and
other
standards
prescribed
by
the
licensor;
technologies,
or
of
permanently
employing
personnel
indicated
by
the
licensor;
14.
Those
which
exempt
the
licensor
for
liability
for
non-‐fulfillment
of
his
responsibilities
under
the
2.
Those
pursuant
to
which
the
licensor
reserves
the
Technology
Transfer
Arrangement
and/or
liability
right
to
fix
the
sale
or
resale
prices
of
the
products
arising
from
3rd
party
suits
brought
about
by
the
use
of
manufactured
on
the
basis
of
the
license;
the
licensed
product
or
the
licensed
technology;
15.
other
clauses
with
equivalent
effects.
Prohibited
and
Mandatory
clauses,
respectively,
need
not
be
registered
with
the
Documentation,
information
Sec.
91.
Exceptional
Cases.-‐
In
exceptional
or
and
Technology
Transfer
Bureau.
meritorious
cases
where
substantial
benefits
will
accrue
Non-‐conformance
with
any
of
the
provisions
of
sections
to
the
economy,
such
as
high
technology
content,
87
and
88,
however,
shall
automatically
render
the
increase
in
foreign
exchange
earnings,
employment
Technology
transfer
arrangement
unenforceable,
unless
generation,
regional
dispersal
of
industries
and/or
said
technology
transfer
arrangement
is
approved
and
substitution
with
or
use
of
local
raw
materials,
or
in
the
registered
with
the
Documentation,
Information
and
case
of
Board
of
investments,
registered
companies
Technology
Transfer
bureau
under
the
provisions
of
with
pioneer
status,
exemption
from
any
of
the
above
Section
91
on
exceptional
cases.
requirements
may
be
allowed
by
the
Documentation,
information
and
Technology
Transfer
bureau
after
Compulsory
licensing
evaluation
thereof
on
a
case
by
case
basis.
Nature
of
Compulsory
licensing
Licenses
are
awarded
against
the
will
of
the
patent
Mandatory
Provisions
owner.
The
basis
for
this
compulsion
is
again
related
to
1.
That
the
laws
of
the
Philippines
shall
govern
the
the
State
policies
on
intellectual
property
rights.
interpretation
of
the
same
and
in
the
event
of
litigation,
the
venue
shall
be
the
proper
court
in
the
place
where
Jurisdiction
the
licensee
has
its
principal
office;
Director
of
Legal
Affairs.
Director
General
of
the
Intellectual
Property
office
may
2.
Continue
access
to
improvements
in
techniques
and
grant
a
license
to
exploit
patented
invention
under
the
processes
related
to
the
technology
shall
be
made
grounds
enumerated
therein.
available
during
the
period
of
the
technology
transfer
arrangement;
Grounds
Sec.
93.
Even
without
the
agreement
of
the
patent
3.
In
the
event
the
technology
transfer
arrangement
owner:
shall
provide
for
arbitration,
the
Procedure
of
Arbitration
of
the
arbitration
law
of
the
Philippines
or
1.
National
emergency
or
other
circumstances
of
the
Arbitration
Rules
of
the
United
Nations
Commission
extreme
urgency;
on
International
Trade
Law
or
the
Rules
of
conciliation
2.
Where
the
public
interest,
in
particular,
national
and
Arbitration
of
the
International
Chamber
of
security,
nutrition,
health
or
the
development
of
other
Commerce
shall
apply
and
the
venue
of
arbitration
shall
vital
sectors
of
the
national
economy
as
determined
by
be
the
Philippines
or
any
neutral
country;
and
the
appropriate
agency
of
the
Government,
so
requires;
4.
the
Philippine
taxes
on
all
payments
relating
to
the
or
technology
transfer
arrangement
shall
be
borne
by
the
3.
where
a
judicial
or
administrative
body
has
licensor.
determined
that
the
manner
of
exploitation
by
the
Rights
Reserved
to
Licensor
and
Licensee
owner
of
the
patent
or
his
licensee
is
anti-‐competitive;
Sec.
89.
In
the
absence
of
any
provision
to
the
contrary
or
in
the
Technology
transfer
arrangement,
the
grant
of
a
4.
In
case
of
public
non-‐commercial
use
of
the
patent
by
license
shall
not
prevent
the
licensor
from
granting
the
patentee,
without
satisfactory
reason;
further
licenses
to
3rd
person
nor
from
exploiting
the
subject
matter
of
the
technology
transfer
agreement.
5.
IF
the
patented
invention
is
not
being
worked
in
the
Philippines
on
a
commercial
scale,
although
capable
of
Sec.
90.
The
licensee
shall
be
entitled
to
exploit
the
being
worked,
without
satisfactory
reason:
Provided,
subject
matter
of
the
technology
transfer
arrangement
that
the
importation
of
the
patented
article
shall
during
the
whole
term
of
the
Technology
Transfer
constitute
working
or
using
the
patent;
and
arrangement.
6.
where
the
demand
for
patented
drugs
and
medicines
Registration
of
License
Contract
is
not
being
met
to
an
adequate
extent
and
on
Sec.
92.
Technology
Transfer
arrangements
that
conform
with
the
provisions
of
Sections
86
and
87
on
reasonable
terms,
as
determined
by
the
Secretary
of
Period
for
filing
a
petition
for
a
compulsory
license
the
Department
of
Health.
Depends
on
the
ground
of
the
petition.
Subsection
93.5-‐
before
the
expiration
of
a
period
of
4
Sec.
93-‐A.
Procedures
on
Issuance
of
a
Special
years
from
the
date
of
filing
of
the
application
or
3
years
Compulsory
License
under
the
TRIPS
Agreement.
from
the
date
of
the
patent
whichever
period
expires
The
Director
General
of
the
Intellectual
Property
Office,
last.
upon
thee
written
recommendation
of
the
Secretary
of
Subsections
93.2,
93.3,
93.4,
93.6
and
section
97-‐
the
Department
of
health,
shall,
upon
filing
of
a
applied
for
at
any
time
after
the
grant
of
the
patent.
petition,
grant
a
special
compulsory
license
for
the
importation
of
patented
drugs
and
medicines.
The
Requirement
to
obtain
a
license
on
reasonable
special
compulsory
license
for
the
importation
commercial
terms
contemplated
under
this
provision
shall
be
an
additional
The
license
will
only
be
granted
after
the
petitioner
has
special
alternative
procedure
to
ensure
access
to
quality
made
efforts
to
obtain
authorization
from
the
patent
affordable
medicines
and
shall
be
primarily
for
domestic
owner
on
reasonable
commercial
terms
and
conditions
consumption:
Provided,
that
adequate
remuneration
but
such
efforts
have
not
been
successful
within
a
shall
be
paid
to
the
patent
owner
either
by
the
reasonable
period
of
time.
exporting
or
importing
country.
The
compulsory
license
This
requirement
shall
not
apply
in:
shall
also
contain
a
provision
directing
the
grantee
the
1.
Where
the
petition
for
compulsory
license
seeks
to
license
to
exercise
reasonable
measures
to
prevent
the
remedy
a
practice
determined
after
judicial
or
re-‐exportation
of
the
products
imported
under
this
administrative
process
to
be
anti-‐competitive;
provision.
The
grant
of
a
special
compulsory
license
under
this
2.
in
situations
of
national
emergency
or
other
provision
shall
be
an
exception
to
Sections
100.4
and
circumstances
of
extreme
urgency;
100.6
of
RA
8293
and
shall
be
immediately
executory.
No
court,
except
the
SC
of
the
Philippines,
shall
issue
3.
incases
of
public
non-‐commercial
use;
any
temporary
restraining
order
or
preliminary
4.
In
cases
where
the
demand
for
the
patented
drugs
injunction
or
such
other
provisional
remedies
that
will
and
medicines
in
the
Philippines
is
not
being
met
to
an
prevent
the
grant
of
the
special
compulsory
license.
adequate
extent
and
on
reasonable
terms,
as
Sec.
93-‐A.2
A
compulsory
license
shall
also
be
available
determined
by
the
Secretary
of
the
Department
of
for
the
manufacture
and
export
of
drugs
and
medicines
health.
to
any
country
having
insufficient
or
no
manufacturing
Compulsory
Licensing
of
Patents
involving
Semi-‐
capacity
in
the
pharmaceutical
sector
to
address
public
conductory
technology
health
problems:
Provided,
that
a
compulsory
license,
The
license
may
only
be
granted
in
case
of
public
non-‐
has
been
granted
by
such
country
or
such
country
has,
commercial
use
or
to
remedy
a
practice
determined
by
notification
or
otherwise,
allowed
importation
into
after
judicial
or
administrative
process
to
be
anti-‐
its
jurisdiction
of
the
patented
drugs
and
medicines
competitive.
from
the
Philippines
in
compliance
with
the
TRIPS
agreement.
Compulsory
License
based
on
interdependence
of
patents
Sec.
93-‐A.3
The
right
to
grant
a
special
compulsory
if
the
invention
protected
by
a
patent,
hereafter
license
under
this
section
shall
not
limit
or
prejudice
the
referred
to
as
the
second
patent,
within
the
country
rights,
obligations
and
flexibilities
provided
under
the
cannot
be
worked
without
infringing
another
patent
TRIPS
agreement
and
under
Philippine
laws,
particularly
hereafter
referred
to
as
the
first
patent,
granted
on
a
Section
72.1
and
section
74
of
the
Intellectual
Property
prior
application
or
benefiting
from
an
earlier
priority,
a
Code,
as
amended
under
this
act.
It
is
also
without
compulsory
license
may
be
granted
to
the
owner
of
the
prejudice
to
the
extent
to
which
drugs
and
medicines
second
patent
to
the
extent
necessary
for
the
working
produced
under
a
compulsory
license
can
be
exported
of
his
invention,
subject
to
the
following
conditions:
as
allowed
in
the
TRIPS
agreement
and
applicable
laws.
1.
The
invention
claimed
in
the
second
patent
involves
such
a
3
dimensional
disposition
prepared
for
an
an
important
technical
advance
of
considerable
integrated
circuit
intended
for
manufacture.
economic
significance
in
relation
to
the
first
patent;
2.
The
owner
of
the
first
patent
shall
be
entitled
to
a
cross-‐license
on
reasonable
terms
to
use
the
invention
claimed
in
the
second
patent;
3.
the
use
authorized
in
respect
the
first
patent
shall
be
non-‐assignable
except
with
the
assignment
of
the
second
patent;
4.
the
terms
and
conditions
of
sections
95,
96,
and
98
to
100.
Utility
Models
It
is
a
statutory
monopoly
granted
for
a
limited
time
in
exchange
for
an
inventor
providing
sufficient
teaching
of
his
or
her
invention
to
permit
a
person
of
ordinary
skill
in
the
relevant
art
to
perform
the
invention.