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Intellectual Property Code of The Philippines
Intellectual Property Code of The Philippines
PROPERTY CODE
OF THE
PHILIPPINES
R.A. 8293
Table of
Contents
01 02 2
03
Implementing Rules and
Regulations
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3
WHAT
RA 8293,: The Intellectual Property Code
of the Philippines
(1997).
https://www.officialgazette.gov.ph/1997/06/06/republic-
act-no-8293/
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7
WHY 8
Intellectual creations are deemed necessary for a successful business since IPs allow the recognition and
control over the commercialization of a creation or invention. An effective IP system is vital to ensure the
development of domestic and creative activity, to facilitate the transfer of technology, to attract foreign
Mercury is the closest planet to the Sun and the smallest one in the
investment and to ensure market accessSolar
for System—it’s
products.only a bit larger than our Moon. The planet’s
name has nothing to do with the liquid metal since it was named
Theory 1 in technology,
With the continuous improvement after the Roman
ourmessenger
thoughts god,and
Mercury
imaginations before are now real and
continuously changing. The IP Code is put in place to protect the creative minds of the Filipinos who have
endless innovative works. Further amending the IP Code is a significant stride in the government’s fight
against piracy. The IP Code does not only protect the outputs of the creators, but also safeguards the
general public from pirated merchandise, which may be cheaper but may have harmful effects. The
success of IP Code implementation does not only rest on IPOPHL but also on the inventors and creators.
Venus has a beautiful name and is the second planet from the
They should be watchful Sun.against
It’s terriblyillegal copying
hot—even and
hotter than reproduction
Mercury—and its and at the same time responsible with
their duties as inventors and creators
atmosphere is extremely(e.g. payment
poisonous. It’s the of fees) in order toTheory
second-brightest protect 2their intellectual property
natural object in the night sky after the Moon
Ani, P.A., Aquino, A., Correa, A.B., & Tidon, A. (2013).
https://ap.fftc.org.tw/article/531
Did you know the intellectual property
5 Ws and 1 H
system in the Philippines existed before
9
the country even declared itself an
independent state?
PART I
SECTION 1. Title. - This Act shall be known as the “Intellectual Property Code of the
Philippines.”
SECTION 2. Declaration of State Policy. - 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.
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CHAPTER II
Patentability
SECTION 21. 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. It may be, or may relate to, a product, or process, or
an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)
CHAPTER VIII
SECTION 72. Limitations of Patent Rights. - The owner of a patent has no right to
prevent third parties from performing, without his authorization, the acts referred to
in Section 71 hereof in the following circumstances:
72.1. Using a patented product which has been put on the market in the Philippines
by the owner of the product, or with his express consent, insofar as such use is
performed after that product has been so put on the said market: Provided, That,
with regard to drugs and medicines, the limitation on patent rights shall apply after
a drug or medicine has been introduced in the Philippines or anywhere else in the
world by the patent owner, or by any party authorized to use the invention:
Provided, further, That the right to import the drugs and medicines contemplated in
this section shall be available to any government agency or any private third party;
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72.3. Where the act consists of making or using exclusively for experimental use of the
invention for scientific purposes or educational purposes and such other activities directly
related to such scientific or educational experimental use;
72.4. In the case of drugs and medicines, where the act includes testing, using, making or
selling the invention including any data related thereto, solely for purposes reasonably
related to the development and submission of information and issuance of approvals by
government regulatory agencies required under any law of the Philippines or of another
country that regulates the manufacture, construction, use or sale of any product: Provided,
That, in order to protect the data submitted by the original patent holder from unfair
commercial use provided in Article 39.3 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement), the Intellectual Property Office, in
consultation with the appropriate government agencies, shall issue the appropriate rules
and regulations necessary therein not later than one hundred twenty (120) days after
the enactment of this law;
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72.5. Where the act consists of the preparation for individual cases, in a
pharmacy or by a medical professional, of a medicine in accordance with a
medical prescription or acts concerning the medicine so prepared
SECTION 74. Use of Invention by Government. - 74.1. A Government agency or
third person authorized by the Government may exploit the invention even
without agreement of the patent owner where:
(a) The public interest, in particular, national security, nutrition, health or the
development of other sectors, as determined by the appropriate agency of the
government, so requires; or
(c) In the case of drugs and medicines, there is a national emergency or other
circumstance of extreme urgency requiring the use of the invention; or
(d) In the case of drugs and medicines, there is public non-commercial use of the
patent by the patentee, without satisfactory reason; or
(e) In the case of drugs and medicines, the demand for the patented article in
the Philippines is not being met to an adequate extent and on reasonable terms,
as determined by the Secretary of the Department of Health.
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74.2. Unless otherwise provided herein, the use by the Government, or third
person authorized by the Government shall be subject, where applicable, to the
following provisions:
(b) In the case of public non-commercial use of the patent by the patentee,
without satisfactory reason, as provided under Section 74.1 (d), the right holder
shall be informed promptly: Provided, That, the Government or third person
authorized by the Government, without making a patent search, knows or has
demonstrable ground to know that a valid patent is or will be used by or for
the Government;
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(c) If the demand for the patented article in the Philippines is not
being met to an adequate extent and on reasonable terms as
provided under Section 74.1 (e), the right holder shall be informed
promptly;
(d) The scope and duration of such use shall be limited to the
purpose for which it was authorized;
(f) The right holder shall be paid adequate remuneration in the circumstances
of each case, taking into account the economic value of the authorization; and
74.3. All cases arising from the implementation of this provision shall be
cognizable by courts with appropriate jurisdiction provided by law.
Implementing Rules and Regulations IRR
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PART 1
Registration of Trademarks and Service Marks
RULE 10. - Title “Trademark Regulations"
RULE 100. Definitions
"Bureau"- Bureau of Trademarks of the Intellectual Property Office
"Collective mark"-any visible sign designated as such in the
application for registration and capable of distinguishing the
origin or any other common characteristics
"Competent authority"- purposes of determining whether a mark is
well-known
"Director"-Director of the Bureau of Trademarks
"Director General"- head of the Intellectual Property Office
"Examiner"- trademark examiner or any official or employee of the
Bureau of Trademarks
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Right to a Mark
RULE 200. How Marks are Acquired
RULE 201. International Conventions and
Reciprocity.
RULE 202. Priority Right; Basis for Claiming
Priority Right
RULE 204. Declaration of Actual Use- The Office
will not require any proof of use in commerce in
the processing of trademark applications.
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PART 3
Who May Apply for a Mark
RULE 300. The Applicant
RULE 305. Death, insanity, incapacity of applicant.
RULE 306. Signature and other means of Self-identification.
Part 4
Trademark Application
RULE 400. Requirements of application
request
name and address
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Right to a Mark
RULE 200. How Marks are Acquired
RULE 201. International Conventions and
Reciprocity.
RULE 202. Priority Right; Basis for Claiming Priority
Right
RULE 204. Declaration of Actual Use- The Office
will not require any proof of use in commerce in
the processing of trademark applications.
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name of a State
appointment of an agent or representative
transliteration or translation of the mark or of some parts of
the mark
Power of Attorney
RULE 402. Label. - The applicant may include the label as
actually used or intended to be used
RULE 403- 407. Drawing.
RULE 408. The Name of the Owner to be within Marginal Lines.
CLASSIFICATION OF GOODS
RULE 417. Broad terms.
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PART 5
The Filing Date
RULE 500. Filing Date
(a) An express or implicit indication that the registration of a mark
is sought;
(b) The identity of the applicant;
(c) Indications sufficient to contact the applicant or his
representative, if any;
(d) A reproduction of the mark whose registration is sought; and
(e) The list of the goods or services for which the registration is
sought.
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PART 6
Proceedings in the Examination of an Application for
Registration
RULE 600. Application prosecuted ex parte; Protests
RULE 601. Proceedings a contest between Examiner and the
Applicant
RULE 602. Applicant supposed to look after his own interests.
RULE 603. Preliminary adverse action of the Examiner valuable
to Applicant.
RULE 604. A preliminary rejection should not be taken literally;
Examiner is only trying to be helpful.
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CHAPTER 2
Manner of Examination of an Application for Registration;
Action by the Examiner; Response by the Applicant;
Abandonment; Revival
RULE 605. Order of examination; priority of action
Applications shall be examined for registrability
Priority of action and/or examination may be granted upon
petition under oath with payment of fees
RULE 606. Jurisdiction of the Examiner.
RULE 607. Examination of the application; Action by the
Examiner.
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(e) Where the right holder has a representative, the name and address of that
representative;
(f) The names of the recorded goods or services for which the renewal is
requested or the names of the recorded goods or services for which the
renewal is not requested, grouped according to the classes of the Nice
Classification to which that group of goods or services belongs and presented
in the order of the classes of the said Classifications; and
(g) A signature by the right holder or his representative.
(h) In case there has been material variation in the manner of display, five
(5) sets of the new labels must be submitted with the application.
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RULE 918. When to file request for Renewal. - Such request shall
be in Filipino or English and may be made at any time within
six (6) months before the expiration of the period
RULE 919. Jurisdiction of the Examiner.
RULE 920. Need for appointing a resident agent..
RULE 921. Renewal of prior Act registration; use and proof
thereof, required.
RULE 922. Prior Act certificate of registration to be surrendered.
RULE 923. Refusal of renewal registration; appeal to the Director.
RULE 924. Certificate of renewal of Registration.
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FINAL PROVISIONS
SECTION 1. Correspondence.
SECTION 2. Fees and Charges to be Prepaid; Fees and Charges
Payable in Advance.
SECTION 3. Applications pending on Effective Date of the IP
Code.
SECTION 3.1. Amendment of Pending Applications.
SECTION 3.2. Filing Date of Pending Applications; Declaration of
Actual Use.
SECTION 3.3. Processing of Pending Applications
SECTION 3.3.1. Interference.
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PART 11 - Petitions and Appeal
RULE 1100. Nature of the function of Examiners.
RULE 1101. Petition to the Director to question the correctness of the action of an
Examiner on a matter not subject to appeal.
RULE 1102. Appeals to the Director.
RULE 1103. Effect of a final decision of an Examiner which is not appealed.
RULE 1104. Time and manner of appeal.
RULE 1105. Appellant's brief required.
RULE 1106. The Examiner's answer.
RULE 1107. Appellant's reply.
RULE 1108. Appeal to the Director General.
RULE 1109. Appellant's brief required.
RULE 1110. Director's comment.
RULE 1111. Appeal to the Court of Appeals.
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