Intellectual Property

• 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 (Approved on June 6, 1997, took effect on January 1, 1998)
• Intellectual Property

  The creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce
• Intellectual Property Rights


  • Copyright and Related Rights
  • Trademarks and Service Marks
  • Geographic Indications
  • Industrial Designs
  • Patents
  • Layout-Designs (Topographies) of Integrated Circuits
  • Protection of Undisclosed Information
• Copyright


  The legal right to determine how the work is used and to obtain economic benefits from the work. It is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation.
• Trademarks


  Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. It is vested from registration.
• Geographic Indications


  One which identifies a good as originating in the territory of a TRIPS member, or a region or locality in that territory where a given quality, reputation or other characteristic of a good is essentially attributable to its geographical origin.
• Industrial Design


  Any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors: Provided, that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.
• Patents


  A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
• Layout-Design (Topography) of Integrated Circuit


  The three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture. It must be original in a sense that they are the result of their creators' own intellectual effort.
• Undisclosed information


  Information which is a secret, has commercial value because it is secret, and has been subject to reasonable steps to keep it secret.
• State Policies

  • To protect and secure the exclusive rights of scientists, investors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided R.A. No. 8293
  • To promote the diffusion of knowledge and information for the promotion of national development and progress and the common good
  • 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
• Technology transfer arrangements

  Contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market.
• Trade Related Aspects of the Intellectual Property Rights (TRIPS) – ratified by the Philippine Senate on December 14, 1994.
• Paris Convention on the Protection of the Industrial Property – Right of Priority refers to an applicant after filing in one of the Contracting States may, within a period of time, apply for the protection in any of the other Contracting States, the latter application will be regarded as if it had been filed on the same day as the first application (September 27, 1965)
• 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 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.
• Any condition, restriction, limitation, diminution, requirement, penalty or any similar burden imposed by the law of a foreign country on a Philippine national seeking protection of intellectual property rights in that country, shall reciprocally be enforceable upon nationals of said country, within Philippine jurisdiction
• National Treatment Principle


  The Philippines, upon becoming a member of the World Trade Organization (WTO) has adhered to the TRIPS Agreement, which provides that protection afforded to the member-states must be extended to the nationals of other member-states
• Most-Favored Nation Principle

  Whatever favor, allowance, consideration, privilege or immunity a member0states grants the nationals of another country is immediately and unconditionally accorded to the nationals of other member-states
• Bureaus of the Intellectual Property Office

  • The Bureau of Patents
  • The Bureau of Trademarks
  • The Bureau of Legal Affairs
  • The Documentation, Information and Technology Transfer Bureau
  • The Management Information System and EDP Bureau
  • The Administrative, Financial and Personnel Services Bureau
• The Director General, Deputies Director General, Directors and Assistant Directors shall be appointed by the President
• Functions of the Intellectual Property Office (IPO)


  • Examine applications for grant of letters patent for inventions and register utility models and industrial designs
  • Examine applications for the registration of marks, geographic indication, integrated circuits
  • Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer
  • Promote the use of patent information as a tool for technology development
  • Publish regularly the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered
  • Administratively adjudicate contested proceedings affecting intellectual property rights
  • 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
• The Director General and Deputies Director General manage and direct all functions and activities of the Office, including the promulgation of rules and regulations to implement the objectives, policies, plans, programs and projects of the Office. This managing function is limited by the proviso that the Director General shall be subject to the supervision of the Secretary of the Department of Trade and Industry when the exercise of authority is to propose policies and standards in relation to certain matters.
• Qualifications of the Director General and Deputies Director General


  • Must be natural born citizens of the Philippines
  • At least 35 years of age on the day of their appointment
  • Holders of a college degree
  • Provided that the Director General and at least 1 Deputy Director General shall be members of the Philippine Bar who have engaged in the practice of law for at least 10 years
  • Proven competence, integrity, probity and independence
  • Selection shall consider qualifications that would result in balanced representation of the various fields of intellectual property
• The Director General and the Deputies Director General shall be appointed by the President for a term of 5 years and shall be eligible for reappointment only once. The first Director General appointed under the law shall have a first term of 7 years.
• Jurisdiction of the Director General


  • Over disputes relating to the terms of a license involving the authors right to public performance of other communications of his work
• Jurisdiction of the Bureau of Legal Affairs


  • Hear and decide opposition to the application for registration of marks
  • Hear and decide cancellation of trademarks
  • Hear and decide cancellation of patents, utility models, and industrial designs
  • Hear and decide petitions for compulsory licensing of patents
  • Hear and decide administrative complaints for violations of laws involving intellectual property rights where the total damages claimed are not less than P200,000
  • The Director of Legal Affairs shall have the power to hold and punish for contempt all those who disregard orders or writs issued in the course of the proceedings
• Where to Appeal Decisions

  • To Director General over all decisions rendered by the Bureau of Copyrights & Other related rights, Director of Legal Affairs, Director of Patents, Director of Trademarks, Director of the Documentation, Information and Technology Transfer Bureau
  • To Court of Appeals over decisions of Director General in the exercise of his appellate jurisdiction over the decisions of the Director of Legal Affairs, Director of Patents, Director of Trademarks
  • To Secretary of Trade and Industry over decisions of Director General in the exercise of his appellate jurisdiction over the decisions of the Director of the Documentation, Information and Technology Transfer Bureau and his original jurisdiction over disputes relating to the terms of a license involving the authors right to public performance of other communications of his work
• Collective Mark


  Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic of goods or services of different enterprises
• Director General's appellate jurisdiction


  • Over decisions of Director of the Documentation, Information and Technology Transfer Bureau
  • Over disputes relating to the terms of a license involving the authors right to public performance of other communications of his work (Section 7.1-C)
• Inter Partes Cases


  Contested cases filed before the IPO, administrative in nature
• 4 Kinds of Inter Partes Cases


  • Opposition Proceedings
  • Cancellation
  • Interference (abolished)
  • Concurrent Use Proceedings (not applicable under IP Code)
• Mark


  Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise, including a stamped or marked container of goods
• Collective Mark


  Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark
• Service Mark


  Used to distinguish certain services as those provided by a specific enterprise, similar in nature to a trademark
• Trade Name


  The name or designation identifying or distinguishing an enterprise, including any individual name or surname, firm name, device or word used by manufacturers, industrialists, merchants, and others to identify their businesses, vocations or occupations
• Well-known Mark


  A mark considered well-known by the competent authority of the country where protection for the mark is sought
• Sounds and scent as trademarks are not possible in the Philippines as the IP Code requires a mark to be "any visible sign"
• Device


  A catch-all term which usually refers to the word or sign comprising the trademark, which can take on any form e.g. letters, words, logos, pictures, a combination of words and logo, slogans, colors, product shapes, and sounds
• Slogan (word marks)


  Short words or phrases that capture a company's brand essence, personality, and positioning, and distinguish the firm from competitors
• Goodwill


  Reputation and public confidence that a business venture has earned through a period of creditable dealings