INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
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INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Republic Act No. 8293
June 6, 1997
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)
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INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Republic Act No. 8293
•June 6, 1997
Republic of the Philippines
Congress of the Philippines
Metro Manila
Tenth Congress
Republic Act No. 8293             June 6, 1997
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
PART ITHE INTELLECTUAL PROPERTY OFFICE
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...
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