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INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES - AN
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INTELLECTUAL PROPERTY CODE

OF THE PHILIPPINES
On-Line Bar Republic Act No. 8293

Review
GENERAL OVERVIEW

The law:
Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing the
Intellectual Property Office, Providing for Its Powers and Functions, and for Other Purposes]
otherwise known as the Intellectual Property Code of the Philippines.

State policy declaration:

The State recognizes that an effective intellectual and industrial property
system is vital to the development of domestic and creative activity, facilitates
transfer of technology, attracts foreign investments, and ensures market access
for our products. It shall protect and secure the exclusive rights of scientists,
inventors, artists and other gifted citizens to their intellectual property and
 creations, particularly when beneficial to the people, for such periods as
provided in this Act.

The use of intellectual property bears a social function. To this end, the State
shall promote the diffusion of knowledge and information for the promotion of
national development and progress and the common good.

It is also the policy of the State to streamline administrative procedures of

registering patents, trademarks and copyright, to liberalize the registration on
the transfer of technology, and to enhance the enforcement of intellectual
property rights in the Philippines.

Effect on international conventions and on principle of reciprocity:

Any person who is a national or who is domiciled or has a real and effective
industrial establishment in a country which is a party to any convention, treaty
or agreement relating to intellectual property rights or the repression of unfair
competition, to which the Philippines is also a party, or extends reciprocal rights
to nationals of the Philippines by law, shall be entitled to benefits to the extent
MCLE: necessary to give effect to any provision of such convention, treaty or reciprocal
law, in addition to the rights to which any owner of an intellectual property right
is otherwise entitled by this Act.

Laws repealed:
Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent
therewith, more particularly:

1. Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing
its Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds Therefor];

2. Republic Act No. 166, as amended[An Act to Provide for the Registration and
Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition and False
Marking and Providing Remedies Against the Same, and for Other Purposes]. cralaw

DebtKollect 3. Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];

4. Presidential Decree No. 285, as amended [Decree on the Protection of

Intellectual Property];

5. Articles 188 and 189 of the Revised Penal Code of the Philippines.

Parts of the law:

The Intellectual Property Code of the Philippines is divided into five [5] parts, to
wit:

PART I - The Intellectual Property Office

PART II - The Law on Patents
PART III - The Law on Trademarks, Service Marks and Trade Names
PART IV - The Law on Copyright

Intellectual
PART V - Final Provisions

Property
Intellectual property rights under the I. P. Code:
The intellectual property rights under the Intellectual Property Code are as
follows:

1. Copyright and related rights;

2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs [topographies] of integrated circuits; and
7. Protection of undisclosed information.

Government Agencies:
The agency of the government in charge of the implementation of the
Intellectual Property Code is the Intellectual Property Office which replaced the
Bureau of Patents, Trademarks and Technology Transfer. It is divided into six
[6] Bureaus, namely:

[1] Bureau of Patents;

[2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
[4] Documentation, Information and Technology Transfer Bureau;
[5] Management Information System and EDP Bureau; and
[6] Administrative, Financial and Personnel Services Bureau.

Functions of the Intellectual Property Office:

The Intellectual Property Office is mandated under the law to:

1. Examine applications for the grant of letters patent for inventions and
register utility models and industrial designs;

2. Examine applications for the registration of marks, geographic

indication and integrated circuits;

3. Register technology transfer arrangements and settle disputes involving

technology transfer payments covered by the provisions of Part II, Chapter IX
on Voluntary Licensing and develop and implement strategies to promote and
facilitate technology transfer;

4. Promote the use of patent information as a tool for technology

development;

5. Publish regularly in its own publication the patents, marks, utility

models and industrial designs, issued and approved, and the technology
transfer arrangements registered;

6. Administratively adjudicate contested proceedings affecting intellectual

property rights;
and

7. Coordinate with other government agencies and the private sector efforts
to formulate and implement plans and policies to strengthen the protection of
intellectual property rights in the country.

Significant features of the law:

1. A shift was made from the "first-to-invent system" under R. A. 165 [old
law] to "first-to-file system" under the new law.

2. In the case of inventions, the period of the grant was increased from
17 years from grant under the old law to 20 years from date of filing under the
new law.

3. In the case of utility models, the previous grant of 5 years plus renewals
of 5 years each under the old law was changed to 7 years without renewal
under the new law.

4. In the case of industrial designs, the previous grant of 5 years plus

renewals of 5 years each was maintained.

5. Under the old law, there was no opposition proceedings and the
examination is mandatory; under the new law, the examination is made only
upon request [possibly with or without examination].

6. Under the old law, publication is made after the grant; under the new
law, publication is effected after 18 months from filing date or priority date.

7. Under the old law, the penalties for repetition of infringement are:
PhP10,000 and/or 5 years of imprisonment and the offense prescribes in 2
years; under the present law, the penalties range from PhP100,000 to
PhP300,000 and/or 6 months to 3 years of imprisonment and the offense
prescribes in 3 years.
 Significant changes in the trademark law:
The significant changes in the trademark law under the old law [R. A. No.
166] and the present law are as follows:

1. Under the former, the element of use before filing a local application is
a requirement although this is not required when the application is based on
foreign registration; while under the latter, the element of use has been
eliminated as a requirement for application.

2. Under the former, the term granted is 20 years renewable for 20-year
periods; while under the latter, the term is for 10 years, renewable for 10-year
periods.

3. Under the former, the affidavit of use or non-use is required on the 5th,
10th and 15th anniversaries; while under the latter, proof of use within 3 years
from the filing of the application is required and the affidavit of use should be
filed within 1 year from the 5th anniversary.

4. Under the former, a Supplemental Register is required to be

maintained; while under the latter, it is no longer required.

5. Under the former law, penalties for 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.

Significant changes in the copyright law:

It is now required that after the first public dissemination of performance by
authority of the copyright owner of certain specified work, there shall, for the
purpose of completing the records of the National Library and the Supreme
Court library, within three (3) weeks, be registered and deposited with it, by
personal delivery or by registered mail, two (2) complete copies or
reproductions of the work in such form as the directors of said libraries may
prescribe.cralaw

The scheme of penalties for infringement has also been changed. From the
previous fine of Php200 to Php2,000 and/or imprisonment of 1 year, the current
range of penalties are as follows:

For first offenders - fine of PhP50,000 to PhP150,000 and/or

imprisonment of 1 to 3 years
For second offenders - fine of PhP150,000 to PhP500,000 and/or
imprisonment of 3 to 6
years

For third and subsequent offenders - fine of PhP500,000 to PhP1.5

Million and/or
imprisonment of 6 to 9 years.

In case of insolvency, the offender shall furthermore suffer subsidiary

imprisonment.

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