Republic Act No.

8293
Sections 237-241
JUNE 6, 1997

CELIS, R.
SEC. 237. PRESERVATION OF EXISTING RIGHTS. -
Nothing herein shall adversely affect the rights on the enforcement of rights in
patents, utility models, industrial designs, marks and works, acquired in good faith
prior to the effective date of this Act. (n)

CELIS,R.
SEC. 238.
NOTIFICATION ON
BERNE
The APPENDIX.
Philippines -
shall by proper compliance
with the requirements set forth under the
Appendix of the Berne Convention (Paris
Act, 1971) avail itself of the special
provisions regarding developing countries,
including provisions for licenses grantable
by competent authority under the Appendix.
(n)

CELIS,R.
Berne Convention for the
Protection of Literary and
Artistic Works

The Berne Convention, adopted in 1886,

deals with the protection of works and the
rights of their authors.
It provides creators such as authors, musicians,
poets, painters etc. with the means to control how
their works are used, by whom, and on what terms.

The Berne Convention, concluded in 1886, was revised at Paris in 1896

and at Berlin in 1908, completed at Berne in 1914, revised at Rome in
1928, at Brussels in 1948, at Stockholm in 1967 and at Paris in 1971, and
was amended in 1979.
Summary of the Berne Convention for the Protection of
Literary and Artistic Works (1886)
01.
Works originating in one of the
Contracting States must be given
the same protection in each of the
other Contracting States as the
latter grants to the works of its
own nationals (principle of
"national treatment")
02.
Protection must not be conditional
upon compliance with any
formality (principle of "automatic"
protection)
03.
Protection is independent of the
existence of protection in the country
of origin of the work (principle of
"independence" of protection).
If, however, a Contracting State
provides for a longer term of
protection than the minimum
prescribed by the Convention and the
work ceases to be protected in the
country of origin, protection may be
denied once protection in the country
of origin ceases
SEC. 239. APPROPRIATIONS. -
The funds needed to carry out the provisions of this Act shall be charged to the
appropriations of the Bureau of Patents, Trademarks, and Technology Transfer under the
current General Appropriations Act and the fees, fines, royalties and other charges
collected by the Bureau for the calendar year pursuant to Sections 14.1 and 234 of this Act.
Thereafter such sums as may be necessary for its continued implementations shall be
included in the annual General Appropriations Act. (n)

CELIS,R.
 SECTION 14. Use of
Intellectual Property Rights
Fees by the IPO. ‑
14.1. For a more effective and expeditious implementation
of this Act, the Director General shall be authorized to
retain, without need of a separate approval from any
government agency, and subject only to the existing
accounting and auditing rules and regulations, all the fees,
fines, royalties and other charges, collected by the Office
under this Act and the other laws that the Office will be
mandated to administer, for use in its operations, like
upgrading of its facilities, equipment outlay, human
resource development, and the acquisition of the
appropriate office space, among others, to improve the
delivery of its services to the public.
This amount, which shall be in addition to the Office’s
annual budget, shall be deposited and maintained in a
separate account or fund, which may be used or disbursed
directly by the Director General.
SECTION 234. Abolition of
the Bureau of Patents,
Trademarks, and Technology
Transfer. ‑
The Bureau of Patents, Trademarks, and Technology
Transfer under the Department of Trade and Industry is
hereby abolished.
All unexpended funds and fees, fines, royalties and other
charges collected for the calendar year, properties,
equipment and records of the Bureau of Patents,
Trademarks and Technology Transfer, and such personnel
as may be necessary are hereby transferred to the Office.
Personnel not absorbed or transferred to the Office shall
enjoy the retirement benefits granted under existing law,
otherwise, they shall be paid the equivalent of one month
basic salary for every year of service, or the equivalent
nearest fractions thereof favorable to them on the basis of
the highest salary received.
SEC. 240. REPEALS. -
240.1. All Acts and parts of Acts inconsistent herewith, more particularly Republic Act No.
165, as amended; Republic Act no. 166, as amended; and Articles 188 and 189 of the
Revised Penal Code; Presidential Decree No. 49, including Presidential Decree No. 285, as
amended, are hereby repealed.

RA 165—An Act Creating A Patent Office, Prescribing Its Powers And Duties, Regulating
The Issuance Of Patents, And Appropriating Funds Therefor
RA 166—An Act To Provide For The Registration And Protection Of Trade-Marks, Trade-
Names And Service-Marks, Defining Unfair Competition And False Marking And Providing
Remedies Against The Same, And For Other Purposes
Article 188. Subsisting and altering trade-mark, trade-names, or service marks.
Article 189. Unfair competition, fraudulent registration of trade- mark, trade-name or
service mark, fraudulent designation of origin, and false description.
PD 49—Decree On The Protection Of Intellectual Property
PD 285-- Authorizing The Compulsory Licensing Or Reprinting Of Educational, Scientific
Or Cultural Books And Materials As A Temporary Or Emergency Measure Whenever The
Prices Thereof Become So Exorbitant As To Be Detrimental To The National Interest

CELIS,R.
SEC. 240. REPEALS. -
240.2. Marks registered under Republic Act No. 166 shall remain in force but shall be
deemed to have been granted under this Act and shall be due for renewal within the period
provided for under this Act and, upon renewal, shall be reclassified in accordance with the
International Classification.

READ IN RELATION TO:

SECTION 146. RENEWAL. ‑

146.1. A certificate of registration may be renewed for periods of ten (10) years at its
expiration upon payment of the prescribed fee and upon filing of a request. x x x

CELIS,R.
SEC. 240. REPEALS. -
240.3. The provisions of this Act shall apply to works in which copyright protection obtained
prior to the effectivity of this Act is subsisting: Provided, That the application of this Act shall
not result in the diminution of such protection.

CELIS,R.
SEC. 241. SEC. 242.
SEPARABILITY. - EFFECTIVITY. -
If any provision of this Act or the This Act shall take effect on 1 January
application of such provision to any 1998. (n)
circumstances is held invalid, the
remainder of the Act shall not be
affected thereby. (n)

CELIS,R.