INTELLECTUAL

PROPERTY
CODE OF THE (RA
PHILIPPINES 8293)
BY: GLEN SILERIO
ERIN BARRIENTOS
WHAT IS
INTELLECTUAL
PROPERTY?
CREATIONS OF MIND USED
IN COMMERCE, LIKE:
•INVENTIONS
•LITERARY AND ARTISTIC WORKS
•DESIGNS
•SYMBOLS, NAMES AND IMAGES
WHAT IS INTELLECTUAL PROPERTY?

The Republic Act 8293, also known as the Intellectual Property

Code of the Philippines, is a law that provides a framework for
the protection and enforcement of intellectual property rights in
the Philippines.
It was enacted in 1997 to comply with international agreements
on intellectual property, particularly the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS) under
the World Trade Organization (WTO).
When did IPCP started?
The Intellectual Property Code of the Philippines,
also known as Republic Act No. 8293, was signed
into law on June 6, 1997, by then-President Fidel
V. Ramos. It became effective on January 1, 1998,
and has been the primary law governing
intellectual property rights in the Philippines ever
since.
PARTS:
Part I - General Provisions

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 - The Law on Intellectual
Property Rights in Integrated Circuits

Part VI - Final
Provisions
 PART I
The general provisions of the Intellectual Property Code
of the Philippines (Republic Act No. 8293) contain the
basic definitions and principles that apply to all forms of
intellectual property. Some of the key provisions
include:

Definition of terms: The law defines various terms

related to intellectual property, such as "invention,"
"patent," "trademark," "copyright," and "fair use."
Objectives of the law: The law aims to promote the
development and protection of intellectual property,
to encourage the transfer of technology, to promote
fair competition and consumer welfare, and to
contribute to the development of a balanced and
sustainable national economy.

Scope of the law: The law applies to all intellectual

property in the Philippines, regardless of the
nationality or residence of the owner or creator.
Rights of intellectual property owners: The law recognizes the
exclusive rights of intellectual property owners, which include
the right to use, sell, license, and prevent others from using the
intellectual property without permission.

Limitations on intellectual property rights: The law also

recognizes certain limitations on intellectual property
rights, such as fair use of copyrighted material for
purposes such as criticism, commentary, news reporting,
teaching, scholarship, or research.
Enforcement of intellectual property rights: The law provides
for various remedies for the enforcement of intellectual
property rights, including civil and criminal actions, seizure and
forfeiture of infringing goods, and injunctions.
PART II
The law on patents in the Intellectual Property
Code of the Philippines (Republic Act No. 8293)
provides for the registration, ownership, and
protection of patents, which are exclusive rights
granted to inventors for their inventions. Some of
the key provisions of the law on patents include:
Definition of a patentable invention: The law defines a
patentable invention as any new and useful process,
machine, manufacture, or composition of matter, or any
new and useful improvement thereof.

Patent eligibility criteria: To be eligible for a patent, an

invention must be new, involve an inventive step, and
be capable of industrial application.
Patent application process: The law outlines the process
for filing a patent application, which includes submitting a
written application with the Intellectual Property Office
(IPO), paying the required fees, and complying with other
formalities.
Examination and grant of patents: The IPO examines
patent applications to determine if they meet the
eligibility criteria, and may grant or refuse a patent based
on the examination results.
Term and renewal of patents: The law provides for a term
of 20 years for patents from the date of filing, and allows
for renewal of patents subject to payment of renewal fees.

Rights of patent owners: The law recognizes the

exclusive rights of patent owners, which include the
right to use, sell, license, and prevent others from
using the patented invention without permission.
Limitations on patent rights: The law also recognizes certain
limitations on patent rights, such as the right of government
to use a patented invention for public purposes, and the right
of third parties to use a patented invention without
permission under certain circumstances, such as for research
purposes.
PART III
The Law on Trademarks, Service Marks, and Trade Names of
the Intellectual Property Code of the Philippines (Republic Act
No. 8293) provides for the registration, ownership, and
protection of trademarks, service marks, and trade names,
which are used to distinguish goods or services of one person
or company from those of others. Some of the key provisions
of the law on trademarks include:
Definition of terms: The law defines various terms
related to trademarks, such as "mark," "collective
mark," "service mark," and "trade name."

Registration process: The law outlines the process for

registering trademarks, which includes filing an
application with the Intellectual Property Office (IPO),
paying the required fees, and complying with other
formalities.
Examination and registration of trademarks: The IPO
examines trademark applications to determine if they
meet the eligibility criteria, and may register or refuse to
register a trademark based on the examination results.

Term and renewal of trademarks: The law provides for a

term of 10 years for registered trademarks from the date
of registration, and allows for renewal of trademarks
subject to payment of renewal fees.
Rights of trademark owners: The law recognizes the exclusive rights of
trademark owners, which include the right to use, sell, license, and
prevent others from using the trademark without permission.

Infringement and remedies: The law provides for remedies in cases of

trademark infringement, which may include damages, injunctions, and
seizure and forfeiture of infringing goods.

Collective marks and certification marks: The law also provides for
the registration and protection of collective marks and certification
marks, which are used to indicate the origin, quality, or other
characteristics of goods or services.
PART IV
The Law on Copyright of the Intellectual Property Code of
the Philippines (Republic Act No. 8293) provides for the
registration, ownership, and protection of original literary,
artistic, and scientific works. Some of the key provisions of
the law on copyright include:

Definition of works: The law defines various types of works

that are eligible for copyright protection, such as books,
musical compositions, films, and computer programs.
Ownership and transfer of copyright: The law establishes the
general rule that the author of a work is the owner of the copyright,
and provides for the transfer of copyright through contracts or other
legal means.

Registration of copyright: While registration is not required for

copyright protection, the law allows for voluntary registration with
the Intellectual Property Office (IPO) to facilitate enforcement and
protection of rights.

Term and renewal of copyright: The law provides for a term of

copyright protection that varies depending on the type of work, and
allows for renewal of copyright subject to compliance with certain
requirements.
Rights of copyright owners: The law recognizes the exclusive rights
of copyright owners, which include the right to reproduce,
distribute, perform, and display the copyrighted work, as well as to
create derivative works based on the original.

Infringement and remedies: The law provides for remedies in

cases of copyright infringement, which may include damages,
injunctions, and seizure and forfeiture of infringing copies.

Exceptions and limitations: The law recognizes certain exceptions

and limitations to copyright, such as fair use for purposes such as
criticism, commentary, and news reporting.
 PART V
The Law on Intellectual Property Rights in Integrated Circuits of the
Intellectual Property Code of the Philippines (Republic Act No.
8293) provides for the protection of layout-designs of integrated
circuits (ICs), which are the three-dimensional arrangements of
electronic components in semiconductor products. Some of the key
provisions of the law on intellectual property rights in integrated
circuits include:

Definition of terms: The law defines various terms related to the

protection of IC layout-designs, such as "integrated circuit,"
"layout-design," and "owner."
Registration process: The law provides for the registration of layout-
designs of ICs with the Intellectual Property Office (IPO), which includes
filing an application and complying with other formalities.

Examination and registration of layout-designs: The IPO examines

applications to determine if they meet the eligibility criteria, and may
register or refuse to register the layout-design based on the
examination results.

Term and renewal of protection: The law provides for a term of

protection of ten years from the date of filing of the application, with
the possibility of renewal for an additional term.
Rights of layout-design owners: The law recognizes the exclusive
rights of layout-design owners, which include the right to reproduce,
import, and distribute ICs incorporating the layout-design, as well as
to prevent others from doing so without permission.

Infringement and remedies: The law provides for remedies in cases

of infringement of layout-design rights, which may include damages,
injunctions, and seizure and forfeiture of infringing ICs.

Exceptions and limitations: The law recognizes certain exceptions

and limitations to layout-design rights, such as the right to use
protected layout-designs for the purpose of analysis, evaluation, or
teaching.
 PART VI

The Final Provisions of the Intellectual Property Code of the

Philippines (Republic Act No. 8293) contain miscellaneous
provisions related to the implementation and enforcement
of the law. Some of the key provisions include:

Implementation: The law establishes the Intellectual

Property Office (IPO) as the agency responsible for the
implementation and enforcement of the Intellectual
Property Code.
Enforcement: The law provides for the creation of a special unit within
the IPO to handle the enforcement of intellectual property rights, and
authorizes the IPO to conduct investigations and raids on suspected
infringers.

Criminal penalties: The law provides for criminal penalties, such as

imprisonment and fines, for certain acts of intellectual property
infringement.

Cooperation with other countries: The law provides for cooperation

with other countries to facilitate the protection and enforcement of
intellectual property rights, such as through the exchange of
information and mutual assistance in investigations and legal
proceedings.
Transitional provisions: The law contains transitional
provisions to ensure that existing intellectual property rights
are not affected by the enactment of the Intellectual Property
Code.
 CRIMINAL PENALTIES:
Infringement of patents, utility models, and industrial designs: Any person who
infringes a patent, utility model, or industrial design may be punished with
imprisonment of up to six years and a fine of up to PHP 1.5 million (approximately
USD 30,000).

Infringement of trademarks, service marks, and trade names: Any person who
infringes a registered trademark, service mark, or trade name may be punished
with imprisonment of up to three years and a fine of up to PHP 200,000
(approximately USD 4,000).

Copyright infringement: Any person who infringes a copyright may be punished

with imprisonment of up to three years and a fine of up to PHP 1.5 million
(approximately USD 30,000).
Circumvention of technological protection measures: Any person who
circumvents technological protection measures or provides devices or services for
such circumvention may be punished with imprisonment of up to six years and a
fine of up to PHP 1.5 million (approximately USD 30,000).

Unlawful importation or exportation: Any person who unlawfully imports or

exports infringing copies of intellectual property may be punished with
imprisonment of up to six years and a fine of up to PHP 1.5 million (approximately
USD 30,000).

False representation or false marking: Any person who makes a false

representation of a registered mark or uses a false or misleading indication of
origin may be punished with imprisonment of up to six years and a fine of up to
PHP 200,000 (approximately USD 4,000).