INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

Case Overview and Summary

Summary of the Intellectual Property Code of the Philippines:

Preliminary Provisions
- Defines key terms used in the law, such as "intellectual property rights", "technology transfer arrangements", and "Office" (the Intellectual Property Office). (Section 4)

The Intellectual Property Office
- Establishes the Intellectual Property Office (IPO) and outlines its functions, organizational structure, and leadership. (Sections 5-19)
- The IPO is responsible for administering and implementing the state policies on intellectual property rights.
- It has the power to examine applications, grant registrations, and settle disputes related to intellectual property rights.
- The IPO is headed by a Director General and two Deputy Directors General, appointed by the President.

The Law on Patents
- Defines patentable inventions as technical solutions that are new, involve an inventive step, and are industrially applicable. (Section 21)
- Outlines the requirements for obtaining a patent, such as filing an application, examination, and publication. (Sections 32-52)
- Provides for the rights conferred by a patent, including the exclusive right to make, use, sell, or import the patented invention. (Section 71)
- Establishes provisions for compulsory licensing, allowing the government to grant licenses to exploit a patented invention under certain circumstances. (Sections 93-102)
- Covers the assignment and transmission of patent rights. (Sections 103-107)
- Provides for the registration of utility models and industrial designs. (Sections 108-120)

The Law on Trademarks, Service Marks, and Trade Names
- Defines trademarks, service marks, collective marks, and trade names. (Section 121)
- Outlines the requirements for registering a mark, such as filing an application, examination, and publication. (Sections 124-139)
- Specifies the rights conferred by a registered mark, including the exclusive right to prevent others from using confusingly similar marks. (Section 147)
- Covers the assignment, transfer, and licensing of marks. (Sections 149-150)
- Provides for the cancellation of a mark registration under certain circumstances, such as abandonment or becoming generic. (Section 151)
- Establishes provisions for infringement, unfair competition, and false designations of origin. (Sections 155-170)

The Law on Copyright
- Defines literary and artistic works eligible for copyright protection. (Section 172)
- Covers derivative works, such as translations, adaptations, and compilations. (Section 173)
- Outlines the economic rights of copyright owners, including reproduction, distribution, and public performance. (Section 177)
- Specifies the ownership of copyright, including works created by employees or commissioned works. (Section 178)
- Provides for the transfer or assignment of copyright. (Sections 180-183)
- Establishes limitations and exceptions to copyright, such as fair use, educational purposes, and library archiving. (Sections 184-190)
- Covers moral rights of authors, including the right to be attributed and the right to object to distortions of their work. (Sections 193-199)
- Outlines the rights of performers, producers of sound recordings, and broadcasting organizations. (Sections 202-215)
- Specifies the term of protection for different types of works, ranging from 25 years for applied art to 50 years after the author's death for most works. (Sections 213-215)
- Establishes remedies for copyright infringement, including civil and criminal penalties. (Sections 216-220)

Final Provisions
- Covers miscellaneous provisions, such as appeals, organization of the IPO, and repeals of previous laws. (Sections 230-241)