Professional Documents
Culture Documents
Just like other laws, the law on intellectual property evolved due to
the exigencies and demands of time and modernization. The law on
intellectual property takes precedence from the medieval period of Europe.1
Back then, the governments allowed “guilds” or associations of artisans,
crafts worker, or traders of a certain industry to manage and regulate their
activities, including the decisions on what to make, how to create them, and
the processes in which the products are to be manufactured and eventually
traded. This necessitated the use of trademarks to identify the goods and
products the artisans crafted.
Through the years, as the realities of the modern life were changing,
the law on intellectual property also progressed and developed. In 1883, the
Paris Convention for the Protection of Industrial Property was concluded;2
1 Allan B. Gepty, Deconstructing the Enforcement of Intellectual Property Rights in the Era of
Globalizations, 40 IBP J. 115-158 (January – June 2015).
2 Paris Convention for the Protection of Industrial Property, (September 27, 1965).
Issue 2 Villamayor | Protecting the Power of the Mind 129
in 1886, the Berne Convention for the Protection of Literary and Artistic
Works3 was likewise established. At present, the World Intellectual Property
Office (WIPO) administers and enforces various laws on intellectual
property all over the world. Together with the treaty creating the WIPO is
the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS).4 The Agreement provides for a minimum standard for the
protection and enforcement of intellectual property rights. It also provides
for the remedies and the dispute settlement methods between World Trade
Organization (WTO) members with respect to their obligations therein.5 The
Philippines ratified its accession to the treaty on December 16, 1994.
The first law on intellectual property enforced in the country was the
Patent Law of Spain enacted by the Spanish authorities in 1826 and was
thereafter extended to the Philippines.7
In 1947, Republic Act No. 166,8 was enacted to provide for the
registration and protection of trademarks, trade names, and service marks.
Furthermore, the law defined unfair competition and false marking and also
provided for the remedies in case of infringement and violation of the
provisions of the law. Republic Act No. 165,9 on the other hand, provided for
the regulation of patents.
3 Berne Convention for the Protection of Literary and Artistic Works, (August 1, 1951).
4 World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement) (1994) (January 1, 1995)
5 Id.
6 CONST. (1987), Sec. 2, Art. II.
7 JACINTO B. JIMENEZ, INTELLECTUAL PROPERTY LAW IN THE PHILIPPINES (2012).
8 Rep. Act No. 166 (1947)
9 Rep. Act No. 165 (1947)
130 San Beda Law Journal Volume LIV
Brunei Darussalam
15 EUROPEAN UNION EXECUTIVE AGENCY FOR SME, Intellectual Property Rights in South-
east Asia: FAQ to the Helpdesk (2016), http://www.southeastasia-
iprhelpdesk.eu/sites/default/files/pdf/SEA_handbook.pdf
16 WORLD INTELLECTUAL PROPERTY ORGANIZATION, Brunei Darussalam Joins the Madrid
Background. https://www.aseanip.org/Statistics-Resources/ASEAN-IP-Offices-
Details/Brunei-Darussalam/Background
132 San Beda Law Journal Volume LIV
Brunei
Main Laws Supplemental/Related Laws
a. Chapter 98 of Laws of Brunei a. Companies Act (Amendment) Order
concerning the protection of
Trademarks rights b. Penal code, providing for penalties
on offenses relating to Documents and
b. Chapter 92 of Laws of Brunei to Trade or Property Marks
relating to the registration and
regulation of Business Names c. Chapter 180 of the Laws of Brunei
concerning the broadcasting industry
c. Chapter 94 of Laws of Brunei on
the prevention of improper use of d. Chapter 109 (Specific Relief Act)
emblems providing for reliefs on trademark and
copyright infringements
d. Chapter 96 of the Laws on
Brunei on Merchandise Marks
Executive Issuances
a. Plant Varieties Protection Order, e. Tobacco Order, 2005
2015 f. Emergency (Copyright) Order, 1999
b. Patents Order, 2011 g. Emergency (Industrial Designs)
c. Arbitration Order, 2009 Order, 1999
d. Customs Order, 2006 h. Emergency (Layout Designs) Order,
1999 19
Treaties, http://www.wipo.int/wipolex/en/profile.jsp?code=BN
Issue 2 Villamayor | Protecting the Power of the Mind 133
Kingdom of Cambodia
Cambodia
Main Laws Supplemental Laws
a. Law on Patents, Utility Models and a. Criminal Code of the Kingdom of
Industrials Designs (2003) Cambodia (2010)
Institutional Developments, The Journal of Information Law and Technology, (May, 2007)
23 EUROPEAN UNION EXECUTIVE AGENCY FOR SME, Intellectual Property Rights in South-
g. Sub-decree Respecting
Implementation of Cultural Heritage
Protection (2002)
Indonesia
Indonesia
Main Laws Supplemental Laws
a. Law of the Republic of Indonesia a. Law of the Republic of Indonesia
No. 13 of July 28, 2016, on Patents No. 5 of March 5, 1999 concerning
(2016) the Ban on Monopolistic Practices
and Unfair Business Competition
b. Law of the Republic of Indonesia (2000)
No. 28 of September 16, 2014, on
Copyright (2014) b. Penal Code (Undang-undang R.I.
No. 27 Tahun 1999, tanggal 19 Mei
c. Law No. 15 of August 1, 2001, 1999)
regarding Marks (2001)
Lao PDR
Main Laws Supplemental Laws
a. Law No. 01/NA of December 20, a. Law No. 11/NA on Enterprises
2011, on Intellectual Property (as (2005)
amended) (2011)
b. Penal Law (2005)
b. Resolution No. 17/NA of
December 20, 2011, of the National c. Customs Law (2005)
Assembly of the Lao People's
Democratic Republic on the d. Tax Law (2005)
Approval of the Amended Law on
Intellectual Property (2011) e. Law on the Promotion of Foreign
Investment (2004)
c. Resolution of The National
Assembly of The Lao People’s f. Law on Civil Procedure Law (2004)
Democratic Republic on the
approval of the Intellectual g. Penal Procedure Law (2004)
Property Law (2007)
h. Decree No. 15 /PMO on Trade
d. Law No. 08/NA on National Competition (2004)
Heritage (1995)
i. Law No. 02/NA on
Telecommunications (2001)
Malaysia
Malaysia
Main Laws Supplemental Laws
a. Industrial Designs Act 1996 (Act a. Electronic Commerce Act 2006
552, as amended up to Act A1449) (2006)
(2013)
b. Intellectual Property Corporation
b. Trade Descriptions Act 2011 (Act of Malaysia Act 2002 (as at 1 January
730) (2011) 2006) (2006)
c. Copyright Act 1987 (Act 332, as at c. Optical Discs Act 2000 (Act 606)
1 January 2006) (2006) (2006)
Communications and Multimedia Act
d. Patents Act 1983 (Act 291, as 1998 (Act 558) (2006)
amended up to Act A1264) (2006)
d. Malaysian Communications and
e. Trade Marks Act 1976 (Act 175, Multimedia Commission Act 1998
incorporating all amendments up (Act 589) (2006)
January 1, 2006) (2006)
e. Digital Signature Act 1997 (Act
f. Protection of New Plant Varieties 562) (2006)
Act 2004 (Act 634) (2004)
f. Sabah Biodiversity Enactment 2000
g. Geographical Indications Act 2000 (2000)
(Act 602) (2000)
g. Digital Signature Regulations 1998
h. Layout-Designs of Integrated (1998)
Circuits Act 2000 (Act 601) (2000)
h. Telemedecine Act 1997 (1997)34
http://www.wipo.int/wipolex/en/profile.jsp?code=MY
140 San Beda Law Journal Volume LIV
Myanmar
Myanmar
Main Laws Supplemental Laws
a. Patents and Designs (Emergency a. Sea Customs Act No. 8 of 1878 (as
Provisions) Act of 1946 (1946) amended up to Act 1962) (1962)
b. The Copyright Act of 1911 (1911) b. The Antiquities Act 1957 (1957)
c. Merchandise Marks Act 1889 c. The Specific Relief Act 1877 (as
(1889) last amended up to Act No. 3 of
1954) (1954)
Singapore
42 Christoph Antons, Intellectual Property Law in Southeast Asia: Recent Legislative and
Institutional Developments, supra.
Issue 2 Villamayor | Protecting the Power of the Mind 143
Singapore
Main Laws Supplemental Laws
a.Plant Varieties Protection Act a. Evidence Act (Chapter 97) (2015)
(Chapter 232A) (2014)
b. Statutes (Miscellaneous
b. Registered Designs Act (Chapter Amendments) Act 2014 (2014)
266) (Revised Edition 2005, as
amended up to Intellectual Property c. Control of Plant Act (Chapter 57A)
(Miscellaneous Amendments) Act (1999)
2012) (2014)
d. Medicines Act (Chapter 176)
c. Patents Act (Revised Edition 2005, (1998)44
as amended up to the Statutes
(Miscellaneous Amendments) Act
2014) (2014)
http://www.wipo.int/wipolex/en/profile.jsp?code=sg
144 San Beda Law Journal Volume LIV
h. Layout-Design of Integrated
Circuits Act (Chapter 159A) (1999)
Kingdom of Thailand
Thailand
Main Laws Supplemental Laws
a. Trademarks (No. 3) Act B.E. 2559 a. Customs Act B.E. 2469
(2016) (1926)(consolidated as of 2005)
b. Trade Secrets Act (No. 2) B.E. b. Competition Act, B.E. 2542 (1999)
45VICHAI ARIYANUNTAKA, TRIPS and the Specialised Intellectual Property Court in Thailand.
http://www.thailawforum.com/articles/trips-vichai.html
46 ASEAN INTELLECTUAL PROPERTY PORTAL, ASEAN IP Offices Details, Thailand.
https://www.aseanip.org/Statistics-Resources/ASEAN-IP-Offices-Details/Thailand
Issue 2 Villamayor | Protecting the Power of the Mind 145
2558 (2015)
c. Consumer Protection Act, B.E. 2522
c. Copyright Act (No. 2) B.E. 2558 (1979)
(2015)
d. Export and Import of Goods Act,
d. Copyright Act (No. 3) B.E. 2558 B.E. 2522 (1979)
(2015)
e. Industrial Products Standards Act,
e. Optical Disc Production Act B.E. B.E. 2511 (1968)
2548 (2005)
f. Law on Ancient Monuments,
f. Protection of Geographical Antiques, Objects of Art and National
Indications Act B.E. 2546 (2003) Museums B.E. 2504 (1961) 47
h. Protection of Layout-Designs of
Integrated Circuits Act B.E. 2543
(2000)
Vietnam
Vietnam
Main Laws Supplemental Laws
a. Law No. 36/2009/QH12 of June a. Law No. 37/2009/QH12
19, 2009, amending and Amending and Supplementing a
supplementing a Number of Articles Number of Articles of the Penal Code
of the Law on Intellectual Property (2009)
(promulgated by the Order No.
12/2009/L-CTN of June 29, 2009 of b. Ordinance No. 04/2008/PL-
the President of the Socialist UBTVQH12 on Handling of
Republic of Vietnam) (2009) Administrative Violations (2008)
48 Christoph Antons, Intellectual Property Law in Southeast Asia: Recent Legislative and
Institutional Developments, supra.
49 ASEAN INTELLECTUAL PROPERTY PORTAL, ASEAN IP Offices Details, Viet Nam.
https://www.aseanip.org/Statistics-Resources/ASEAN-IP-Offices-Details/Viet-Nam
Issue 2 Villamayor | Protecting the Power of the Mind 147
From the brief survey of the prevailing laws in the ASEAN member
states, it can be easily inferred that all members have sufficient legislation
for the protection and regulation of intellectual property rights of their
people, as well as for the enforcement of penal provisions of the law in cases
of violation of such rights. It also becomes apparent that the various
domestic laws of the country have their roots from international law,
specifically the TRIPS Agreement, as annexed to the treaty establishing the
WTO. While not all member-states acceded to the treaty at the same time,
with a certain few giving their assent at a later date, all member-states have,
nevertheless, at present, have expressed their consent to be bound by the
treaty and the agreement. Therefore, the domestic laws of each country,
adhere, at the very least, to the minimum standards prescribed by the
agreement. It is in this context, that up to a relative point, the domestic laws
of each member-states are similar, if not congruent, with the domestic laws
of other member-states.
Indeed, laws sometimes are adopted from laws of other societies and serve
as adaptive measures to address the needs of the society. Nevertheless, the
ASEAN countries come from the same region and their circumstances with
regard to their demographics, standing in the international community in
political and economic aspects are, to some extent, uniform, save from some
nuances brought about by the intricacies of certain economic and political
policies. Up to some extent, therefore, there is little to no impediment in the
harmonization of the intellectual property laws in the country with those of
the other ASEAN countries.
52 BIENVENIDO OPLAS, JR., Case Study on ASEAN Countries. Intellectual Property Rights
Protection in 6 ASEAN Countries - Singapore, Malaysia, Thailand, Philippines, Indonesia and
Vietnam, http://internationalpropertyrightsindex.org/asean
53 The International Property Rights Index (2016),
http://internationalpropertyrightsindex.org/countries
54 Allan B. Gepty, Deconstructing the Enforcement of Intellectual Property Rights in the Era of
Globalizations, supra.
150 San Beda Law Journal Volume LIV
the undeniable complex and tedious legal processes in the country, and the
exorbitant fees of litigation, it becomes impractical for an ordinary citizen to
bring the matter of violation or infringement of his rights to the proper
authorities. The reality behind these, therefore, is that only those who are
equipped with the resources who become interested to prosecute their
claims. Nevertheless, this is a reality which needs to be shattered.
55 Id.
Issue 2 Villamayor | Protecting the Power of the Mind 151