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Table Of Contents

(e)Patents;
The Office shall be headed by a Director General who shall be
(a)The Bureau of Patents;
(b)The Bureau of Trademarks;
(c)The Bureau of Legal Affairs;
Directors and Assistant Directors shall be appointed by the
General. – 7.1. Functions. – The Director General shall exercise
General shall be subject to the supervision of the Secretary of
The decisions of the Director General in the exercise of his appellate
Information and Technology Transfer Bureau shall be appealable
Deputies Director General must be natural born citizens of the
That in the selection of the Director General and the Deputies
Deputies Director General shall be appointed by the President for
Director General shall consist of the Director General and the
(viii)The assessment of damages;
(ix)Censure; and
(d)Adapt and package industrial property information
Office relative to the enforcement of the provisions of this Act
Office. – All officers and employees of the Office shall not apply or
THE LAW ON PATENTS
20.1."Bureau" means the Bureau of Patents;
20.2."Director" means the Director of Patents;
Cases formulated by the Director of Patents and promulgated by
20.4."Examiner" means the patent examiner;
Congress to consider the enactment of a law providing sui generis
22.5.Aesthetic creations; and
SEC. 24.Prior Art. – Prior art shall consist of:
(a)The inventor;
35.1. Disclosure. – The application shall disclose the invention in
(b)Information identifying the applicant; and
Section 32 and the Regulations within the prescribed period,
Publication. – The applicant shall have all the rights of a patentee
71 of this Act in relation to the invention claimed in the published
The application shall be deemed withdrawn unless within six (6)
That such amendment shall not include new matter outside the
(3) months before the due date. The obligation to pay the annual
(a)Limit the extent of the protection conferred by it;
Affairs may order that the petition be heard and decided by a
Right to a Patent. – 67.1. If a person referred to in Section 29
Sections 67 and 68, which shall be published in the IPO Gazette
That it does not significantly prejudice the economic interests of
Government agency or third person authorized by the Government
Claims. – 75.1. The extent of protection conferred by the patent
Any foreign national or juridical entity who meets the requirements
Section 91, the following provisions shall be deemed prima facie
Arbitration Law of the Philippines or the Arbitration Rules of the
United Nations Commission on International Trade Law
(UNCITRAL) or the Rules of Conciliation and Arbitration of the
International Chamber of Commerce (ICC) shall apply and the
Information and Technology Transfer Bureau. Non-conformance
Director of Legal Affairs may grant a license to exploit a patented
License. – 94.1. A compulsory license may not be applied for on
97 may be applied for at any time after the grant of the patent
Commercial Terms. – 95.1. The license will only be granted after
(c)In cases of public non-commercial use
Conductor Technology. – In the case of compulsory licensing of
It shall contain the name and address of the petitioner as well as
100.2.The license shall be non-exclusive;
Compulsory License. – 101.1. Upon the request of the patentee
This is without prejudice to the right of the rightful owner of the
That neither of the joint owners shall be entitled to grant licenses
Section 29, the said provision shall apply as if the word "patent"
Applications. – An applicant may not file two (2) applications for
Only industrial designs that are new or original shall benefit
(a)A request for registration of the industrial design;
(b)Information identifying the applicant;
That the name and address of the creator shall be mentioned in
118.1. The registration of an industrial design shall be for a period
119.1. The following provisions relating to patents shall apply
Section 21-Novelty;
Section 24-Prior art: Provided, That the disclosure is
Section 25-Non-prejudicial Disclosure;
Section 27-Inventions Created Pursuant to a Commission;
Section 28-Right to a Patent;
Section 29-First to File Rule;
Section 31-Right of Priority: Provided, That the
Section 33-Appointment of Agent or Representative;
Section 51-Refusal of the Application;
Sections 56 to 60- Surrender, Correction of and Changes
Chapter VII- Remedies of a Person with a Right to Patent;
Chapter VIII- Rights of Patentees and Infringement of
Chapter XI- Assignment and Transmission of Rights
Director of Legal Affairs to cancel the industrial design on any of
(b)If the subject matter is not new; or
PART III
THE LAW ON TRADEMARKS, SERVICE MARKS
AND TRADE NAMES
121.4."Bureau" means the Bureau of Trademarks;
121.5."Director" means the Director of Trademarks;
Trademarks and Service Marks formulated by the Director of
(m)Is contrary to public order or morality
The Office may accept as prima facie evidence that the mark has
Philippines for five (5) years before the date on which the claim of
(a)A request for registration;
(b)The name and address of the applicant;
124.4. If during the examination of the application, the
Office finds factual basis to reasonably doubt the veracity of any
(b)The identity of the applicant;
(a)A hand-written signature; or
The Office shall examine whether the application satisfies the
127 and Regulations relating thereto. If the application does not
Office shall examine whether the application meets the
Trademarks shall be appealable to the Director General in
Development Service Bureau or in his name by an employee of
Whenever a material mistake in a registration incurred through
Service Bureau a new certificate of registration may be issued
Whenever a mistake is made in a registration and such mistake
(a)An indication that renewal is sought;
(c)The registration number of the registration concerned;
(g)A signature by the right holder or his representative
Philippines shall be subject to and comply with the requirements
Regulations shall fix the procedure for the recording of the license
Non-use of a mark may be excused if caused by circumstances
Infringement. – 156.1. The owner of a registered mark may recover
3 of this Act and does not engage in business in the Philippines
Any person who shall procure registration in the Office of a mark
It shall be the duty of the clerks of such courts within one (1)
Director in writing setting forth: the names and addresses of the
Names. – No article of imported merchandise which shall copy or
Customs shall cause one (1) or more copies of the same to be
Remedies. – 168.1. A person who has identified in the mind of
Philippines or admitted entry at any customhouse of the
Section 168 and Subsection 169.1. (Arts. 188 and 189, Revised
THE LAW ON COPYRIGHT
(b)Periodicals and newspapers;
(d)Letters;
(n)Computer programs; and
Subsection 173.1 shall be protected as new works: Provided,
Government is not precluded from receiving and holding
177.5.Public display of the original or a copy of the work;
177.6.Public performance of the work; and
(b)The nature of the copyrighted work;
(c)A compilation of data and other materials;
188.1. Notwithstanding the provisions of Subsection 177.6, any
National Library and the Supreme Court Library under other
National Library and the Supreme Court Library the amount of
In the absence of a contrary stipulation at the time an author
The Director of the National Library may prescribe reasonable
Chapter shall not apply to prints, etchings, engravings, works of
"broadcasting" where the means for decrypting are provided to
(b)The fixation of their unfixed performance
Sections 203 shall have no further application
Communications or Broadcasts. – Unless otherwise provided in
Section 212, producers of sound recordings shall enjoy the following
Section 212, broadcasting organizations shall enjoy the exclusive
211.1.The rebroadcasting of their broadcasts;
209 shall not apply where the acts referred to in those Sections
212.2.Using short excerpts for reporting current events;
That such works if not published before shall be protected for
Section shall run from the date of his death or of publication, but
January of the year following the event which gave rise to them
(50) years from the end of the year in which the performance took
(20) years from the date the broadcast took place. The extended
(6) years plus a fine ranging from One hundred fifty thousand
(9) years plus a fine ranging from Five hundred thousand pesos
218.2.In an action under this Chapter:
172 and 173. – 221.1. The protection afforded by this Act to
222.1.Performers who are nationals of the Philippines;
(a)Take place in the Philippines; or
The provisions of this Act on the protection of broadcasts shall
Library and the Supreme Court Library in accordance with the
National Library and the Supreme Court Library charged with
Section of the National Library shall be classified as a Division
FINAL PROVISIONS
The Office shall be organized within one (1) year after the approval
Trade and Industry is hereby abolished. All unexpended funds
Personnel not absorbed or transferred to the Office shall enjoy
That applications for utility models or industrial designs pending
Technology Transfer at the effective date of this Act may be
Acts are hereby continued in force to this extent for this purpose
Philippines shall by proper compliance with the requirements
1971) avail itself of the special provisions regarding developing
Act No. 166 shall remain in force but shall no longer be subject to
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Intellectual Property Rights

Intellectual Property Rights

Ratings: (0)|Views: 881|Likes:
Published by ma_juana
RA 08293
RA 08293

More info:

Published by: ma_juana on Jan 28, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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