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REPUBLIC ACT NO. 8293

(Term Paper) 

Author/s:

Abstract: The scope of the report is all about the articles and subsections of Republic Act No. 8293
also known as “Intellectual Property Code of the Philippines”. This presentation aims to outline all the
terms and legislations under this act provided and related to the course of architecture. The implications
of this statement will rely on the understanding of its audiences and any further impact, if necessary.

INTRODUCTION 

Republic Act No. 8293 shall be known as an act prescribing the intellectual property code and
establishing the intellectual property office, providing for its powers and functions, and for other
purpose otherwise known as the Intellectual Property Code of the Philippines. It was signed by
President Fidel V. Ramos on June 6, 1997 and took effect on January 1, 1998.

TITLE AND POLICY OF THE PROGRAM

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. It is also the policy of the State to streamline administrative procedures of registering patents,
trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the
enforcement of intellectual property rights in the Philippines.

OBJECTIVES

1. To 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.

DEFINITION OF TERMS
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Copyright - (or author’s right) refers to the legal term used to describe the rights that creators have
over their literary and artistic works. Works covered by copyright range from books, music, paintings,
sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings;

Geographical indication (GI) – refers to the sign used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a
sign must identify a product as originating in a given place.

Industrial design – refers to the constitutes the ornamental aspect of an article. An industrial design
may consist of three - dimensional features, such as the shape of an article, or two - dimensional
features, such as patterns, lines or color;

Intellectual property (IP) -refers to the creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce;

Patent – refers to the exclusive right granted for an invention, which is a product or a process that
provides, in general, a new way of doing something, or offers a new technical solution to a problem. To
get a patent, technical information about the invention must be disclosed to the public in a patent
application;

Repeal – refers to the rescission of an existing law by subsequent legislation or constitutional

amendment. Also referred to as abrogation. Repeal can be explicit or implicit;

Service mark – refers to the same type of device as a trademark, but service marks distinguish the
services of one company from those of another provider. Service marks are often slogans;

Trademark – refers to the sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises. Trademarks are protected by intellectual property rights;

Trade name – refers to the official name under which an individual as a sole proprietor or a company
chooses to do business. A trade name is commonly known as a doing business as (DBA) name.
Registering a trade name legally is an important step in branding for a company, but it doesn't provide
an unlimited brand name or legal protection for the use of the name;

COVERAGE

Refers to the important coverage of each chapter under the Republic Act. No. 11201.

 Laws Repealed by Republic Act No. 8293

1. Republic Act No. 165, it is 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, it is an act 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

3. Presidential Decree No. 49, it is a decree on the protection of Intellectual Property

4. Presidential Decree No. 285, another decree on the protection of Intellectual Property

5. Articles 188 and 189 of the Revised Penal Code of the Philippines
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 Part I: The Intellectual Property Office

- It was a government agency that administer and implement state policies on Intellectual
Property (IP) to strengthen the protection on IP rights in the Philippines. In policy making,
they coordinate with relevant 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. They also develop and implement strategies to promote and facilitate technology
transfer.
 Part II: The Law on Patents
 Part III: The Law on Trademarks, Service Marks and Trade Names

 Part IV: The Law on Copyright

 Part V: Final Provisions
 Intellectual Property rights under the Intellectual Property Code
1. Copyright and related rights
2. Trademarks and service
3. Geographic indications
4. Industrial designs
5. Patents
6. Layout designs [topographies] of integrated circuits
7. Protection of undisclosed information
 Government Agencies
1. Bureau of Patents

2. Bureau of Trademarks

3. Bureau of Legal Affairs

4. Documentation, Information and Technology Transfer Bureau

5. Documentation, Information and Technology Transfer Bureau

6. Management Information System and EDP Bureau

7. Administrative, Financial and Personnel Services Bureau

 Significant features of Republic Act No. 8293
Stated below are the changes created under the old law to the new law.
1. Changes was made from the "first-to-invent system" under R. A. 165 which was the 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 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.
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5. Under the old law, there was no opposition proceedings and the examination is mandatory;
while 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; while 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; while under the new 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.
 Significant changes in the Trademark law
Stated below are the significant changes in the trademark law under the old law R. A. No. 166 and
the present law.
1. Under the old law, 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 old law, 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 old law, 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 old law, a Supplemental Register is required to be maintained; while under the
latter, it is no longer required.
5. Under the old 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.
 Significant changes in the Copyright law
Under the Copyright law, under the new law it is now required that after the first public
dissemination of performance by authority 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.
Also stated below are changes in the scheme penalties for infringement. From the previous fine of
Php200.00 to Php2,000.00 and imprisonment of 1 year under the old law, to the current range of
penalties.
For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3 years
For second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment of 3 to 6 years
For third and subsequent offenders - fine of PhP500,000 to PhP1.5 million and/or
imprisonment of 6 to 9 years
In case of insolvency, the offender shall furthermore suffer subsidiary imprisonment.

CONCLUSION
Republic Act. No. 8293 also known as the Intellectual Property Code of the Philippines, protects and
secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their I.P and
creations. Intellectual property protection is critical to fostering innovation. Without protection of
ideas, businesses and individuals would not reap the full benefits of their inventions and would focus
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less on research and development. Other reminder about this law is that, when it comes to business,
Intellectual property (IP) rights don't protect ideas or concepts. They protect genuine business assets
that can be vital to products or services, or the success and profitability of a business. It helps to have
an ability to have a competitive edge over other similar business. It enhances the company’s value and
helps to market the company’s products and services.

REFERENCE (s)

REPUBLIC ACT NO. 8293

Review: https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/

Review: https://www.wipo.int/patents/en/