The Philippines adheres to the Paris Convention for the Protection of

Industrial Property Rights, the Berne Convention for the Protection of

Literary and Artistic Works, the Patent Cooperation Treaty, the TRIPS
Agreement and the WIPO Copyright Treaty, among others. In this light,
intellectual property such as copyright, trademark, patent, utility model,
industrial design are protected in the Philippines. The governing law is
Republic Act No. 8942, otherwise known as the Intellectual Property
Code of the Philippines.

Registration of applications for trademark, patent, utility model,

industrial design and patent cooperation treaty applications are filed
with the Philippine Intellectual Property Office (IPO). On the other hand,
copyright applications are deposited with the IPO pursuant to an
agreement with the Philippine National Library.

Since the Philippines is a signatory to numerous treaties protecting

intellectual property rights, claims of convention priority or priority
dates are acknowledged and respected, provided that they are claimed
within twelve (12) months from the date of the earliest foreign
application (for patents and utility models) or within six (6) months
from the date of the earliest foreign application (for trademarks and
industrial designs).

The term of protection for trademark, patent, utility model, industrial

design and patents under the Patent Cooperation Treaty (“PCT”) are as
follows:

TRADEMARK – Ten(10) years and may be renewed for periods of ten

(10) years each

PATENT – Twenty (20) years from filing date of the application

UTILITY MODEL – Seven (7) years from filing date of the application
without renewal
INDUSTRIAL DESIGN – Five (5) years from filing date of the application
and may be renewed for not more than two (2) consecutive periods of
five (5) year each

PATENT UNDER THE PCT – Twenty (20) years from the international
filing date of the application

Modern markets are not anymore limited to local consumers.

Businesses are becoming global and cater to both local and foreign
markets. As a result thereof, trademarks, brand name, trade secrets,
inventions and designs are exposed to a larger market. Hence, the need
to secure protection for these intellectual properties.