RA 8293 (INTELLECTUAL PROPERTY CODE)

• RA 8293


  Intellectual Property Code of the Philippines
• • Copyright and Related Rights
  • Trademarks and Service Marks
  • Geographic Indications
  • Industrial Designs
  • Patents
  • Layout-Designs of Integrated Circuits
  • Protection of Undisclosed Information


  What are intellectual property rights?
• Intellectual Property Office


  administer and implement the State policies declared in this Act.
• Patentable Inventions


  Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be Patentable.
• Non-Patentable Inventions


  1. Discoveries, scientific theories and mathematical methods;

  2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;

  3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;

  4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.

  Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:

  5. Aesthetic creations; and

  6. Anything which is contrary to public order or morality.
• inventor, heirs, or assigns


  RIGHT TO A PATENT - The right to a patent belongs to the. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly.
• First to File Rule


  If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.
• True

  True or false. The person who commissions the work shall own the patent, unless otherwise provided in the contract.
• employee,


  In case the employee made the invention in the course of his employment contract, the patent shall belong to:

  The ____ if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
• employer


  In case the employee made the invention in the course of his employment contract, the patent shall belong to:

  The ____, if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
• Voluntary License Contract


  To encourage the transfer and dissemination of technology, prevent or control practices and conditions that may in particular cases constitute an abuse of intellectual property rights having an adverse effect on competition and trade, all technology transfer arrangements shall comply with the provisions of this Chapter.
• Compulsory Licensing


  The Director of Legal Affairs may grant a license to exploit a patented invention, even without the agreement of the patent owner, in favor of any person who has shown his capability to exploit the invention, under any of the following circumstances:

  1. National emergency or other circumstances of extreme urgency;

  2. Where the public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national economy as determined by the appropriate agency of the Government, so requires; or

  3. Where a judicial or administrative body has determined that the manner of exploitation by the owner of the patent or his licensee is anti-competitive; or

  4. In case of public non-commercial use of the patent by the patentee, without satisfactory reason;

  5. If the patented invention is not being worked in the Philippines on a commercial scale, although capable of being worked, without satisfactory reason: Provided, That the importation of the patented article shall constitute working or using the patent.
• Transmission of Rights


  Inventions and any right, title or interest in and to patents and inventions covered thereby, may be assigned or transmitted by inheritance or bequest or may be the subject of a license contract.
• Assignment of Inventions


  An assignment may be of the entire right, title or interest in and to the patent and the invention covered thereby, or of an undivided share of the entire patent and invention, in which event the parties become joint owners thereof. An assignment may be limited to a specified territory.
• Mark


  means 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
• Collective Mark


  means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic which use the sign under the control of the registered owner of the collective mark
• Trade name


  means the name or designation identifying or distinguishing an enterprise
• 10 years


  A certificate of registration shall remain in force for ____ Provided, That the registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based on the existence of obstacles to such use, as prescribed by the Regulations, within one (1) year from the fifth anniversary of the date of the registration of the mark. Otherwise, the mark shall be removed from the Register by the Office.
• Infringement


  Any person who shall, without the consent of the owner of the registered mark: use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark
• 2-5 years, P50,000-200,000


  Independent of the civil and administrative sanctions imposed by law, a criminal penalty of imprisonment from ___ and a fine ranging from ___
• Author


  is the natural person who has created the work;
• Published Work


  means works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, That availability of such copies
• Literary and artistic works

  are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

  -Books, pamphlets, articles and other writings;

  -Periodicals and newspapers;

  -Drawings or plastic works of a scientific or technical character;
• The Official Gazette is the official journal of the Republic of the Philippines. Edited at the Office of the President of the Philippines Under Commonwealth Act No. 638
• Republic Act No. 8293 was enacted on June 6, 1997
• Republic Act No. 8293 is known as the "Intellectual Property Code of the Philippines"
• 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
• 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
• Intellectual Property Office (IPO)


  The office created by this Act to administer and implement the State policies declared in this Act
• 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
  • Promote the use of patent information as a tool for technology development
  • Publish regularly in its own publication 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 IPO shall have custody of all records, books, drawings, specifications, documents, and other papers and things relating to intellectual property rights applications filed with the Office
• Bureaus of the IPO


  • 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
• Director General of the IPO


  Manages and directs 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
• Deputy Director General of the IPO

  Assists the Director General
• The Director General and the Deputies Director General must be natural born citizens of the Philippines, at least thirty-five (35) years of age on the day of their appointment, holders of a college degree, and of proven competence, integrity, probity and independence
• The Director General and at least one (1) Deputy Director General shall be members of the Philippine Bar who have engaged in the practice of law for at least ten (10) years
• The Director General and the Deputies Director General shall be appointed by the President for a term of five (5) years and shall be eligible for reappointment only once
• Functions of the Bureau of Patents


  • Search and examination of patent applications and the grant of patents
  • Registration of utility models, industrial designs, and integrated circuits
  • Conduct studies and researches in the field of patents in order to assist the Director General in formulating policies on the administration and examination of patents
• Functions of the Bureau of Trademarks


  • Search and examination of the applications for the registration of marks, geographic indications and other marks of ownership and the issuance of the certificates of registration
  • Conduct studies and researches in the field of trademarks in order to assist the Director General in formulating policies on the administration and examination of trademarks
• Functions of the Bureau of Legal Affairs


  • Hear and decide opposition to the application for registration of marks; cancellation of trademarks; subject to the provisions of Section 64, cancellation of patents, utility models, and industrial designs; and petitions for compulsory licensing of patents
  • Exercise original jurisdiction in administrative complaints for violations of laws involving intellectual property rights
  • Impose administrative penalties such as cease and desist orders, voluntary assurance of compliance, condemnation or seizure of products, forfeiture of paraphernalia, administrative fines, cancellation or suspension of permits/licenses, assessment of damages, and other analogous penalties or sanctions