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INTELLECTUAL PROPERTY RIGHTS IN THE PHILIPPINES
Brief BackgroundThe Philippine government has made it a State
policy to protect and promote intellectual
property rights. This policy was enshrined both in the 1973
Constitution which provides that
the exclusive right to inventions, writings and artistic
creations shall be secured to inventors,authors, and artists for a
limited period and in the 1987 Constitution which explicitly
mandates that the State shall protect intellectual property.
The Philippines became a member of the World Intellectual
Property Organization [WIPO] in1980. It was a signatory to a number
of significant multilateralinternational agreements andtreatiesfor
the protection and promotion of intellectual property rights.The
first laws protecting intellectual property rights were enacted in
the Philippines in 1947, towit:
1. Republic Act No. 165 otherwise known as An Act Creating a
Patent Office, Prescribing itsPowers and Duties, Regulating the
Issuance of Patents and Appropriating Funds Therefor.
2. Republic Act No. 166 otherwise known as An Act to Provide for
the Registration and
Protection of Trade Marks, Trade Names and Service Marks,
Defining Unfair Competition andFalse Marking and Providing Remedies
Against the Same, and for other Purposes.
Subsequent to the foregoing, additional laws were enacted and
issuances promulgated to furtherpromote and protect intellectual
property rights, to wit:
3. Republic Act No. 422 transferring the examination of
copyright applications to the Bureau ofPublic Libraries.4. Republic
Act No. 623 regulating the use of duly stamped or marked bottles,
boxes, casks, kegs,
barrels, and other similar containers; providing, in the case of
foreign applicants, for reciprocityand recognition of their
priority rights; establishing, in the case of trademarks, principal
and
supplemental as well as interference proceedings; extending
protection of utility models andindustrial designs under the patent
system; and providing, in the case of trademark registration,for
reciprocity arrangement with other countries.5. Republic Act No.
5434 providing for a uniform procedure for appeals from the
decision ofquasi-judicial officers including the Director of
Patents.
6.Administrative Order No. 94 [November 20, 1967] creating a
committee to review thePhilippine patent system and recommend
amendatory laws to further upgrade it.7. Presidential Decree No.
721 creating the Legal Services Division and the Research
andInformation Division in the Philippine Patent Office.
Subsequently, major reorganization of thevarious Divisions was made
in the 1980's. The General Organic Chemistry Division and the
ChemicalTechnology Division were merged to form the Chemical
Division. The Mechanical-Electrical Divisionwas merged with the
Mechanical, Design, Utility Model Division and
Electrical Division to form the Mechanical and Electrical
Examining Division.8. Presidential Decree No. 1263 amending
Republic Acts Nos. 165 and 166, granting authority tothe Philippine
Patent Office to increase its fees and to spend a portion of its
income for priority
projects; exempting indigent inventors who filed their
application for patent through thePhilippine Inventor's Commission
from all fees charged by the Philippine Patent Office; and
shortening the period for thegrant of a compulsory license from
one hundred eighty [180] days toone hundred twenty [120] daysfrom
the date the petition is filed in cases where the compulsorylicense
applied for is on a patented product or process involving any
project approved by theBoard of Investments [BOI].9. Executive
Order No. 133 [February 27, 1987] merging the Philippine Patent
Office with the
then Technology Transfer Board thereby creating the Bureau of
Patents, Trademarks andTechnology Transfer [BPTTT].
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10. Executive Order No. 60 was issued in 1993 creating the
Inter-Agency Committee onIntellectual Property Rights [IAC-IPR]
under the Office of the President of the Philippines.
11. Department Administrative Orders Nos. 5 and 6 introduced
amendments to the Rules ofPractice in Patent and Trademark Cases
and the Rules of Procedures of the Technology TransferRegistry
effective on March 15, 1993.cralaw12. Republic Act No. 8293
otherwise known as theIntellectual Property Code of the
Philippineswas enacted and signed into law in 1997. It took
effect on January 1, 1998.
OTHER SIGNIFICANT DEVELOPMENTS
On March 8, 1988, the first issue of the BPTTT Official Gazette
was launched.In 1992, the Philippine Association of Certified
Patent Agents [PACPA] was incorporated thereby
recognizing and promoting the patent agent profession in the
Philippines.In the same year, the CD-ROM Version of the
bibliographic data of registered Philippine patents
was introduced.In 1993, the Kantor-Navarro Agreement was signed
as a result of the negotiations between thePhilippines and the
United States for the purpose of delisting the Philippines from the
Priority
Watch List of Countries covered by the Super 301 List under the
United States Trade Act.
In October of the same year, the Philippine component of the
EC-ASEAN Programme on Patentsand Trademarks was officially launched
thereby strengthening the capability of IndustrialProperty Offices
in ASEAN to administer their respective patents and trademarks
systems and tofurther facilitate the exchange of patent information
among ASEAN members. Under this
program, a Patent Documentation Center was established in Cebu
in 1994.In 1994, the patent and trademark search and examination
procedures were modernized throughthe assistance of the European
Commission. Made available were 2 CD-ROM work stations anda
complete set of ESPACE CD-ROM containing the abstracts, first page
and full text of theapplications filed from 1988 to 1994 with the
European Patent Office.cralaw
In 1995, special courts were designated by the Philippine
Supreme Court to hear cases involvingintellectual property
rights.
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