REPUBLIC ACT NO.

8293
(INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND
FOR OTHER PURPOSES

State policy declaration:

The State recognizes that an effective intellectual and industrial property system is vital to the
development of domestic and creative activity, facilities transfer of technology, attracts foreign
investments, and ensures market access for our products. It shall protect and secure the exclusive
rights of scientists, inventors, artist and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such periods as provided on 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.

It is also the policy of the State 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.

Effect on international conventions and on 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.

Parts of the law:

The Intellectual Property code of the Philippines is divided into five [5] parts,

 PART I - The Intellectual Property Office

 PART II - The Law on Patents
 PART III - The Law on Trademarks, Service Marks and Trade Names
 PART IV - The Law on Copyright
 PART V - Final Provisions

Intellectual property rights under the I. P. Code:

The intellectual property rights under the Intellectual Property Code are as follows:

1. Copyright and related rights;

2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs [topographies] of integrated circuits; and
7. Protection of Undisclosed information.
Laws repealed:

Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more particularly:

1. Republic Act No. 165, as amended [An act Creating a Patent Office, Prescribing its
Power and Duties, Regulating the Issuance of Patents, and Appropriating Funds Therefor];
2. Republic Act No. 166, as amended [An act to Provide for the Registration and
Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition and
False Marking and Providing Remedies Against the Same, and for Other Purposes].
3. Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];
4. Presidential Decree No. 285 as amended [Decree on the Protection of Intellectual
Property];
5. Articles 188 and 189 of the Revised Penal Code of the Philippines.

Government Agencies:

The agency of the government in charge of the implementation of the Intellectual Property Code is
the Intellectual Property Office which replaced the Bureau of Patents, Trademarks and
Technology Transfer. It is divided into six [6] Bureaus:

1. Bureau of Patents;
2. Bureau of Trademarks;
3. Bureau of Legal Affairs;
4. Documentation, Information and Technology Transfer Bureau;
5. Management Information System and EDP Bureau; and
6. Administrative, Financial and Personnel Services Bureau.
Functions of the Intellectual Property Office:

1. Examine applications for the grant of letters patent for inventions and register utility
models and industrial designs;
2. Examine applications for the registrations of marks, geographic indication and integrated
circuits;
3. Register technology transfer arrangements and settle disputes involving technology
transfer payments covered by the provision of part II, Chapter IX on Voluntary Licensing
and develop and implement strategies to promote and facilitate technology transfer;
4. Promote the use of patent information as a tool for technology development;
5. Publish regularly in its own publication the patents, marks, utility models and industrial
designs, issued and approved, and the technology transfer arrangements registered;
6. Administratively adjudicate contested proceedings affecting intellectual property rights;
and
7. 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