Ra 8293 the Intellectual Property Code of the Philippines (

8/12/2019 Ra 8293 the Intellectual Property Code of the Philippines (

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THE INTELLECTUAL PROPERTY

CODE OF THE PHILIPPINES (Republic Act No. 8293)

Engr. Lina D. dela CruzChemical Engineering DepartmentTechnological Institute of the Philippines


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PART I The Intellectual Property Office

Sec. 1. Title This Act shall be known as the

Intellectual Property Code of thePhilippines.
http://trademarks.ipophil.gov.ph/tmonline/ipcode/IPOMain.htmhttp://trademarks.ipophil.gov.ph/tmonline/ipcode/IPOMain.htm


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Sec. 2. Declaration of StatePolicy

The State recognizes that an effectiveintellectual and industrial property system isvital to the development of domestic andcreative activity, facilitates transfer oftechnology, attracts foreign investments, andensures market access for our products.It shall protect and secure the exclusive rightsof scientists, inventors, artists and other gifted

citizens to their intellectual property andcreations, particularly when beneficial to thepeople, for such periods as provided in this Act


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The use of intellectual property bears a socialfunction. To this end, the State shall promotethe diffusion of knowledge and information forthe promotion of national development andprogress and the common good. It is also the policy of the State to streamlineadministrative procedures of registeringpatents, trademarks and copyright, to liberalize

the registration on the transfer of technology,and to enhance the enforcement of intellectualproperty rights in the Philippines.


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Sec. 4. Definitions 4.1. The term intellectual property rightsconsists of:

a) Copyright and Related Rights;b) Trademarks and Service Marks;

c) Geographic Indications;d) Industrial Designs;e) Patents;f) Layout-Designs (Topographies) of

Integrated Circuits; andg) Protection of Undisclosed Information

(n, TRIPS).TRIPS Trade Related Intellectual PropertyAgreement


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4.2. The term "technology transferarrangements" refers to contracts oragreements involving the transfer ofsystematic knowledge for the manufactureof a product, the application of a process,or rendering of a service includingmanagement contracts; and the transfer,assignment or licensing of all forms ofintellectual property rights, includinglicensing of computer software exceptcomputer software developed for massmarket.


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4.3. The term "Office" refers to theIntellectual Property Office created bythis Act. 4.4. The term "IPO Gazette" refersto the gazette published by the Officeunder this Act.


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Sec. 5. Functions of the Intellectual Property Office (IPO)

5.1. To administer and implement theState policies declared in this Act,there is hereby created theIntellectual Property Office (IPO)which shall have the followingfunctions:


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a) Examine applications for grant ofletters patent for inventions andregister utility models and industrialdesigns;

b) Examine applications for theregistration of marks, geographicindication, integrated circuits;


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c) Register technology transferarrangements and settle disputesinvolving technology transferpayments covered by the provisionsof Part II, Chapter IX on VoluntaryLicensing and develop and implement

strategies to promote and facilitatetechnology transfer;


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d) Promote the use of patentinformation as a tool for technologydevelopment;

e) Publish regularly in its ownpublication the patents, marks, utilitymodels and industrial designs, issuedand approved, and the technologytransfer arrangements registered;


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f) Administratively adjudicate contestedproceedings affecting intellectualproperty rights; and

g) Coordinate with other governmentagencies and the private sectorefforts to formulate and implementplans and policies to strengthen theprotection of intellectual propertyrights in the country.


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5.2. The Office shall have custody of allrecords, books, drawings,specifications, documents, and otherpapers and things relating tointellectual property rightsapplications filed with the Office.


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Sec. 6. The OrganizationalStructure of the IPO

6.1. The Office shall be headed by aDirector General who shall beassisted by two (2) Deputies DirectorGeneral.


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6.2. The Office shall be divided into six(6) Bureaus, each of which shall beheaded by a Director and assisted byan Assistant Director. These Bureausare:a) The Bureau of Patents;b) The Bureau of Trademarks;c) The Bureau of Legal Affairs;


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d) The Documentation, Information andTechnology Transfer Bureau;

e) The Management Information Systemand EDP Bureau; andf) The Administrative, Financial and

Personnel Services Bureau.


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6.3. The Director General, DeputiesDirector General, Directors andAssistant Directors shall be appointedby the President, and the otherofficers and employees of the Officeby the Secretary of Trade and

Industry, conformably with and underthe Civil Service Law.


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Sec. 7. The Director Generaland Deputy Director Generals

7.1. Functions. - The Director Generalshall exercise the following powersand functions:

a) Manage and direct all functions andactivities of the Office, including thepromulgation of rules and regulationsto implement the objectives, policies,plans, programs and projects of theOffice.


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b) Exercise exclusive appellate jurisdiction over all decisionsrendered by the Director of LegalAffairs, the Director of Patents, theDirector of Trademarks, and theDirector of the Documentation,

Information and Technology TransferBureau.


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c) Exercise original jurisdiction toresolve disputes relating to the termsof a license involving the authorsright to public performance or othercommunication of his work.

The decisions of the Director General inthese cases shall be appealable to theSecretary of Trade and Industry.


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7.2. Qualifications

The Director General and the DeputiesDirector General must be natural borncitizens of the Philippines, at leastthirty-five (35) years of age on theday of their appointment, holders of acollege degree, and of proven

competence, integrity, probity andindependence.


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Provided, That the Director General and atleast one (1) Deputy Director General shallbe members of the Philippine Bar who haveengaged in the practice of law for at leastten (10) years:

Provided further, That in the selection of theDirector General and the Deputies DirectorGeneral, consideration shall be given tosuch qualifications as would result, as faras practicable, in the balancedrepresentation in the Directorate General ofthe various fields of intellectual property.


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7.3. Term of Office.The Director General and the Deputies

Director General shall be appointed by thePresident for a term of five (5) years and

shall be eligible for reappointment onlyonce:Provided, That the first Director General shall

have a first term of seven (7) years.

Appointment to any vacancy shall be onlyfor the unexpired term of the predecessor.


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7.4. The Office of the DirectorGeneral.

The Office of the Director General shallconsist of the Director General andthe Deputies Director General, theirimmediate staff and such Offices andServices that the Director General willset up to support directly the Office of

the Director General.


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Sec. 8. The Bureau of Patent The Bureau of Patents shall have the following

functions:8.1. Search and examination of patent

applications and the grant of patents;8.2. Registration of utility models,

industrial designs, and integrated circuits;and

8.2. Conduct studies and researches in

the field of patents in order to assist theDirector General in formulating policies onthe administration and examination ofpatents.


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Sec. 9. The Bureau ofTrademarks The Bureau of Trademarks shall have the

following functions:9.1. Search and examination of the

applications for the registration of marks,geographic indications and other marks ofownership and the issuance of thecertificates of registration; and

9.2. Conduct studies and researches inthe field of trademarks in order to assistthe Director General in formulating policieson the administration and examination oftrademarks.


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10.2. (a) Exercise original jurisdiction inadministrative complaints for violations of lawsinvolving intellectual property rights: Provided,That its jurisdiction is limited to complaints

where the total damages claimed are not lessthan Two hundred thousand pesos (PhP200,000): Provided further, That availment ofthe provisional remedies may be granted inaccordance with the Rules of Court.

The Director of Legal Affairs shall have the powerto hold and punish for contempt all those whodisregard orders or writs issued in the courseof the proceedings


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(b) After formal investigation, the Director forLegal Affairs may impose one (1) or moreof the following administrative penalties:

(i) The issuance of a cease anddesist order which shall specify the actsthat the respondent shall cease and desistfrom and shall require him to submit a

compliance report within a reasonable timewhich shall be fixed in the order;

Documents

Ra 8293 the Intellectual Property Code of the Philippines (