Reviewer in Intellectual Property Code INTERNATIONAL CONVENTION AND RECIPROTICY • Any person who is a national or who is domiciled or has a

real and effective industrial establishment in a country

INTELLECTUAL PROPERY
which
-those property rights which results from the physical
1) is a party to any convention, treaty, or
manifestation of an original thought.
agreement relating to intellectual property rights or
(Ballantine's Law Dictionary) the repression of unfair competition to which the
Philippines is also a party, or
COVERAGE -Intellectual property rights consists of:
2) extends reciprocal rights to nationals of
a) Copyrights and related rights; the Philippines by law, shall be entitled to benefits
b) Trademarks and service marks; to the extent necessary to give effect to any
c) Geographic indications; provision of such convention, treaty, or reciprocal
d) Industrial designs; law, in addition to the rights to which any owner
of an intellectual property rights is otherwise
e) Patents;
provided by law. (Sec. 3)
f) Layout-designs (Topographies) of Integrated
Circuits; and REVERSE RECIPROCITY OF FOREIGN LAWS
g) Protection of Undisclosed Information. Section 231 - making enforceable on nationals of a foreign
(Sec. 4) state all conditions, restrictions, limitations, diminutions,
requirements or penalties that may be imposed by such
STATE POLICY IN RESPECT OF INTELLECTUAL PROPERTY
foreign state on a Filipino national seeking intellectual
RIGHTS (IPR)
property protection.
-There is a declaration of State Policy that, among others,
the State recognizes that an effective intellectual and v Reciprocal application is not automatic
industrial property system is vital to the development of Rather, the Phils. may apply to the foreign national those
domestic and creative activity, facilitates transfer of restrictions that his country imposes on Filipino applicants
technology, attracts foreign investments and ensures
market access for our products, hence it shall protect and What are "TECHNOLOGY TRANSFER ARRANGEMENTS"?
secure exclusive rights of scientists, inventors, artists, and -contracts or agreements involving the transfer of
other gifted citizens to their intellectual property and systematic knowledge for the manufacture of a product,
creations. (Sec. 2) 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. (Sec. 4)

PRESCRIPTIVE PERIOD OF ACTIONS FOR DAMAGES UNDER

THE IPC
-No damages may be recovered after four (4) years from
the time the cause of action arose (Sec. 226)

JURISDICTION OVER DISPUTES UNDER IPC

A. Original Jurisdiction
1) Director General (IPO)
-has original jurisdiction to resolve disputes relating to the
terms of a license involving the author's right to public
performance or other communication of his work.

2) Bureau of Legal Affairs

-has jurisdiction over the ff:
i. Opposition to applications for registration
of marks;
ii. Cancellation of trademarks;
iii. Cancellation of patents, utility models and
industrial designs;
iv. Petition for compulsory licensing of
patents;
v. Administrative Complaints for violations of
laws involving IPR where the total damages claimed
is not less than P200,000.00