REPUBLIC ACT NO.

8293: AN OVERVIEW
REPUBLIC ACT NO. 8293, ALSO KNOWN AS THE INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES, WAS ENACTED ON JUNE 6, 1997, TO PROVIDE FOR THE PROTECTION AND
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE PHILIPPINES. THE LAW COVERS A
WIDE RANGE OF INTELLECTUAL PROPERTY, INCLUDING PATENTS, TRADEMARKS, COPYRIGHT,
AND TRADE SECRETS. THE LAW ESTABLISHED THE INTELLECTUAL PROPERTY OFFICE OF THE
PHILIPPINES (IPOPHL) AS THE GOVERNMENT AGENCY RESPONSIBLE FOR IMPLEMENTING THE
LAW AND THE CREATION OF THE INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT OFFICE
(IPREO) TO ADDRESS ISSUES RELATED TO INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

FUNCTIONS OF RA. 8293

THE MAIN FUNCTION OF REPUBLIC ACT NO. 8293 IS TO PROVIDE LEGAL PROTECTION
AND ENFORCEMENT MECHANISMS FOR INTELLECTUAL PROPERTY RIGHTS IN THE PHILIPPINES.
THE LAW AIMS TO PROMOTE INNOVATION AND CREATIVITY BY PROVIDING CREATORS AND
INVENTORS WITH THE EXCLUSIVE RIGHT TO USE, SELL, LICENSE, OR TRANSFER THEIR
INTELLECTUAL PROPERTY. THIS PROTECTION HELPS ENCOURAGE INNOVATION BY PROVIDING
A FINANCIAL INCENTIVE FOR CREATORS TO INVEST THEIR TIME, EFFORT, AND RESOURCES IN
CREATING NEW AND USEFUL PRODUCTS, PROCESSES, AND DESIGNS.

ONE OF THE FUNCTIONS OF RA NO. 8293 IS TO ESTABLISH THE INTELLECTUAL PROPERTY

OFFICE OF THE PHILIPPINES (IPOPHL), WHICH IS THE GOVERNMENT AGENCY RESPONSIBLE
FOR IMPLEMENTING THE LAW. IPOPHL SERVES AS THE CENTRAL AUTHORITY FOR THE
REGISTRATION AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN THE PHILIPPINES.
THE AGENCY IS RESPONSIBLE FOR GRANTING PATENTS, TRADEMARKS, AND OTHER FORMS OF
INTELLECTUAL PROPERTY PROTECTION, AS WELL AS ENFORCING THESE RIGHTS THROUGH
LEGAL ACTION AGAINST INFRINGERS.

ANOTHER FUNCTION OF RA NO. 8293 IS TO PROVIDE LEGAL REMEDIES FOR

INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT. THE LAW PROVIDES FOR CIVIL AND
CRIMINAL PENALTIES FOR INFRINGERS, INCLUDING DAMAGES, INJUNCTIONS, AND EVEN
IMPRISONMENT IN SOME CASES. THE LAW ALSO PROVIDES FOR THE SEIZURE AND
FORFEITURE OF INFRINGING GOODS, WHICH HELPS PREVENT THE SALE AND DISTRIBUTION OF
COUNTERFEIT OR INFRINGING PRODUCTS.
RA NO. 8293 ALSO FUNCTIONS TO PROMOTE INTERNATIONAL COOPERATION AND
HARMONIZATION OF INTELLECTUAL PROPERTY LAWS. THE LAW IS IN LINE WITH THE
COUNTRY'S OBLIGATIONS UNDER INTERNATIONAL TREATIES, SUCH AS THE AGREEMENT ON
TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS), WHICH PROVIDES FOR
THE MINIMUM STANDARDS FOR INTELLECTUAL PROPERTY PROTECTION IN THE GLOBAL
ECONOMY.

IMPORTANT FEATURES OF RA NO. 8293:

ONE OF THE IMPORTANT FEATURES OF RA NO. 8293 IS THE PROVISION FOR THE
REGISTRATION AND PROTECTION OF PATENTS. THE LAW DEFINES A PATENTABLE INVENTION
AS ANY NEW AND USEFUL PROCESS, MACHINE, MANUFACTURE, OR COMPOSITION OF
MATTER, OR ANY NEW AND USEFUL IMPROVEMENT THEREOF. THE PATENT PROTECTION IN
THE PHILIPPINES LASTS FOR 20 YEARS FROM THE FILING DATE OF THE APPLICATION, AND IT IS
SUBJECT TO THE PAYMENT OF MAINTENANCE FEES.A
 ANOTHER IMPORTANT FEATURE OF RA NO. 8293 IS THE PROTECTION OF TRADEMARKS.
THE LAW DEFINES A TRADEMARK AS ANY VISIBLE SIGN CAPABLE OF DISTINGUISHING THE
GOODS OR SERVICES OF AN ENTERPRISE AND INCLUDES A SERVICE MARK, COLLECTIVE MARK,
AND CERTIFICATION MARK. TRADEMARK PROTECTION IN THE PHILIPPINES IS GRANTED FOR
TEN YEARS, RENEWABLE FOR SUCCESSIVE PERIODS OF TEN YEARS. THE LAW PROVIDES FOR
THE REGISTRATION OF TRADEMARKS WITH IPOPHL, AND IT ESTABLISHES THE GROUNDS FOR
REFUSAL AND CANCELLATION OF REGISTRATION.

THE LAW ALSO PROVIDES FOR THE PROTECTION OF COPYRIGHT, WHICH IS A FORM OF
INTELLECTUAL PROPERTY THAT PROTECTS THE ORIGINAL EXPRESSION OF IDEAS IN LITERARY,
ARTISTIC, MUSICAL, AND OTHER CREATIVE WORKS. THE COPYRIGHT PROTECTION IN THE
PHILIPPINES LASTS FOR THE LIFETIME OF THE AUTHOR PLUS FIFTY YEARS AFTER THE
AUTHOR'S DEATH. THE LAW PROVIDES FOR THE EXCLUSIVE RIGHTS OF COPYRIGHT OWNERS,
SUCH AS THE RIGHT TO REPRODUCE, DISTRIBUTE, AND PUBLICLY PERFORM OR DISPLAY THE
COPYRIGHTED WORK.

RA NO. 8293 ALSO INCLUDES PROVISIONS FOR THE ENFORCEMENT OF INTELLECTUAL

PROPERTY RIGHTS. THE LAW PROVIDES FOR THE SEIZURE, FORFEITURE, AND DESTRUCTION OF
INFRINGING GOODS, AS WELL AS CIVIL AND CRIMINAL PENALTIES FOR INFRINGEMENT.

RELEVANCE OF RA NO. 8293 TO ARCHITECTURE:

INTELLECTUAL PROPERTY RIGHTS ARE IMPORTANT IN THE FIELD OF ARCHITECTURE
BECAUSE THEY PROTECT THE DESIGNS, PLANS, AND SPECIFICATIONS OF ARCHITECTS.
ARCHITECTS' DESIGNS AND PLANS ARE CONSIDERED INTELLECTUAL PROPERTY AND ARE
PROTECTED BY COPYRIGHT LAW. RA NO. 8293 PROVIDES ARCHITECTS WITH LEGAL
PROTECTION FOR THEIR INTELLECTUAL PROPERTY AND ENSURES THAT THEIR DESIGNS AND
PLANS ARE NOT COPIED OR USED WITHOUT THEIR PERMISSION.

RA NO. 8293 ALSO PROVIDES ARCHITECTS WITH THE MEANS TO PROTECT THEIR
TRADEMARKS, SUCH AS THEIR FIRM NAMES AND LOGOS. ARCHITECTS CAN REGISTER THEIR
TRADEMARKS WITH IPOPHL AND ENSURE THAT THEIR MARKS ARE NOT USED BY OTHERS
WITHOUT THEIR PERMISSION.

IN ADDITION, RA NO. 8293 PROVIDES ARCHITECTS WITH THE MEANS TO PROTECT THEIR
INVENTIONS AND INNOVATIONS. ARCHITECTS CAN APPLY FOR PATENTS FOR THEIR NEW AND
USEFUL PROCESSES, MACHINES, OR COMPOSITIONS OF MATTER, WHICH CAN HELP THEM
PROTECT THEIR INVENTIONS FROM BEING COPIED OR USED WITHOUT THEIR PERMISSION.

CONCLUSION:
REPUBLIC ACT NO. 8293 IS AN IMPORTANT LAW IN THE PHILIPPINES THAT PROVIDES
FOR THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE LAW
COVERS A WIDE RANGE OF INTELLECTUAL PROPERTY, INCLUDING PATENTS, TRADEMARKS,
COPYRIGHT, AND TRADE SECRETS. RA NO. 8293 IS RELEVANT TO ARCHITECTURE BECAUSE IT
PROVIDES ARCHITECTS WITH LEGAL PROTECTION FOR THEIR INTELLECTUAL PROPERTY AND
ENSURES THAT THEIR DESIGNS, PLANS, AND TRADEMARKS ARE NOT USED WITHOUT THEIR
PERMISSION.