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Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing
the Intellectual Property Office, Providing for Its Powers and Functions, and for Other
Purposes] otherwise known as the Intellectual Property Code of the Philippines.
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 end, the State shall promote
the diffusion of knowledge and information for the promotion of national development and
progress and the common good.
Any person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which is a party to any convention, treaty or agreement relating to
intellectual property rights or the repression of unfair competition, to which the Philippines is
also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be
entitled to benefits to the extent necessary to give effect to any provision of such convention,
treaty or reciprocal law, in addition to the rights to which any owner of an intellectual
property right is otherwise entitled by this Act.
Laws repealed:
Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more
particularly:
1. Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing its
Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds Therefor];
2. Republic Act No. 166, as amended[An Act to Provide for the Registration and
Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition and
False Marking and Providing Remedies Against the Same, and for Other Purposes].cralaw
5. Articles 188 and 189 of the Revised Penal Code of the Philippines.
The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit:
PART III - The Law on Trademarks, Service Marks and Trade Names
The intellectual property rights under the Intellectual Property Code are as follows:
3. Geographic indications;
4. Industrial designs;
5. Patents;
The agency of the government in charge of the implementation of the Intellectual Property
Code is the Intellectual Property Office which replaced the Bureau of Patents, Trademarks
and Technology Transfer. It is divided into six [6] Bureaus, namely:
1. Examine applications for the grant of letters patent for inventions and register utility
models and industrial designs;
5. Publish regularly in its own publication the patents, marks, utility models and
industrial designs, issued and approved, and the technology transfer arrangements
registered;
and
7. Coordinate with other government agencies and the private sector efforts to formulate
and implement plans and policies to strengthen the protection of intellectual property rights
in the country.
Significant features of the law:
1. A shift was made from the "first-to-invent system" under R. A. 165 [old law] to "first-to-
file system" under the new law.
2. In the case of inventions, the period of the grant was increased from 17 years from
grant under the old law to 20 years from date of filing under the new law.
3. In the case of utility models, the previous grant of 5 years plus renewals of 5 years
each under the old law was changed to 7 years without renewal under the new law.
4. In the case of industrial designs, the previous grant of 5 years plus renewals of 5
years each was maintained.
5. Under the old law, there was no opposition proceedings and the examination is
mandatory; under the new law, the examination is made only upon request [possibly with or
without examination].
6. Under the old law, publication is made after the grant; under the new law, publication
is effected after 18 months from filing date or priority date.
7. Under the old law, the penalties for repetition of infringement are: PhP10,000 and/or 5
years of imprisonment and the offense prescribes in 2 years; under the present law, the
penalties range from PhP100,000 to PhP300,000 and/or 6 months to 3 years of imprisonment
and the offense prescribes in 3 years.
The significant changes in the trademark law under the old law [R. A. No. 166] and the
present law are as follows:
1. Under the former, the element of use before filing a local application is a requirement
although this is not required when the application is based on foreign registration; while
under the latter, the element of use has been eliminated as a requirement for application.
2. Under the former, the term granted is 20 years renewable for 20-year periods; while
under the latter, the term is for 10 years, renewable for 10-year periods.
3. Under the former, the affidavit of use or non-use is required on the 5th, 10th and 15th
anniversaries; while under the latter, proof of use within 3 years from the filing of the
application is required and the affidavit of use should be filed within 1 year from the 5th
anniversary.
4. Under the former, a Supplemental Register is required to be maintained; while under the
latter, it is no longer required.
5. Under the former law, penalties for infringement, unfair competition, false
designation of origin and false description or representation range from fine of PhP500 to
PhP2,000 and/or 6 months to 3 years and 4 months of imprisonment; while under the latter
law, the penalties range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years of
imprisonment.
It is now required that after the first public dissemination of performance by authority of the
copyright owner of certain specified work, there shall, for the purpose of completing the
records of the National Library and the Supreme Court library, within three (3) weeks, be
registered and deposited with it, by personal delivery or by registered mail, two (2) complete
copies or reproductions of the work in such form as the directors of said libraries may
prescribe.cralaw
The scheme of penalties for infringement has also been changed. From the previous fine of
Php200 to Php2,000 and/or imprisonment of 1 year, the current range of penalties are as
follows:
years
For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million and/or
imprisonment of 6 to 9 years.