Republic Act No.
8293 26
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Republic Act No. 8293
The Law
Republic Act No. 8293. An act prescribing the
Intellectual Property Code and establishing the
Intellectual Property Office, providing for its
powers and functions, and for other purposes,
otherwise known as the Intellectual Property Code
of the Philippines.
State policy declaration
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.
Effect on international conventions and on
principle of reciprocity
Any person who is a national or who is domiciled
or has a real and effective industrial establishment
in a country which is a party to any convention,
treaty or agreement relating to intellectual
property rights or the repression of unfair
competition, to which the Philippines is also a
party, or extends reciprocal rights to nationals of
the Philippines by law, shall be entitled to benefits
to the extent necessary to give effect to any
provision of such convention, treaty or reciprocal
law, in addition to the rights to which any owner of
Intellectual Property Code of the Philippines
an intellectual property right is otherwise entitled
by this Act.
Laws repealed
Republic Act No. 8293 repealed all Acts and parts
of Acts inconsistent therewith, more particularly:
1. Republic Act No. 165, as amended, an act
creating a patent office, prescribing its powers
and duties, regulating the issuance of patents,
and appropriating funds therefore.
2. Republic Act No. 166, as amended, an act to
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. Decree on the
protection of Intellectual Property.
4. Presidential Decree No. 285, as amended,
Decree on the protection of Intellectual
Property.
5. Articles 188 and 189 of the Revised Penal Code
of the Philippines.
Parts of the Law
The Intellectual Property Code of the Philippines is
divided into five (5) parts, to wit:
PART I – The Intellectual Property Office
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 IP code
The intellectual property rights under the
Intellectual Property Code are as follows:
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs (topographies) of
integrated circuits; and
7. Protection of undisclosed information.

Government Agencies
The agency of the government in charge of the
implementation of the Intellectual Property Code is
the Intellectual Property Office which replaced the
Bureau of Patents, Trademarks, and Technology
Transfer. It is divided into six (6) Bureaus, namely:
1. Bureau of Patents;
2. Bureau of Trademarks;
3. Bureau of Legal Affairs;
4. Documentation, Information and
Technology Transfer Bureau;
5. Management Information System and EDP
Bureau; and
6. Administrative, Financial and Personnel
Services Bureau.
Functions of the Intellectual Property Office
The Intellectual Property Office is mandated under
the law to:
1. Examine applications for the grant of
letters patent for inventions and register
utility models and industrial designs;
2. Examine applications for the registration of
marks, geographic indication and
integrated circuits;
3. Register technology transfer arrangements
and settle disputes involving technology
transfer payments covered by the
provisions of Part II, Chapter IX on
Voluntary Licensing and develop and
implement strategies to promote and
facilitate technology transfer;
4. Promote the use of patent information as a
tool for technology development;
5. Publish regularly in its own publication the
patents, marks, utility models and
industrial designs, issued and approved,
and the technology transfer arrangements
registered;
6. Administratively adjudicate contested
proceedings affecting intellectual property
rights; and
7. Coordinate with other 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.
Republic Act No. 8293 27
Intellectual Property Code of the Philippines
Significant features of the Law
1. A shift was made from the "first-to-invent
system" under R. A. 165 [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 from
grant 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.
5. Under the old law, there was no opposition
proceedings and the examination is
mandatory; 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; 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: Php
10,000.00 and/or 5 years of imprisonment
and the offense prescribes in 2 years;
under the present law, the penalties range
from Php 100,000.00 to Php 300,000.00
and/or 6 months to 3 years of
imprisonment and the offense prescribes
in 3 years.
Significant changes in the Trademark Law
The significant changes in the trademark law under
the old law [RA No. 166] and the present law are as
follows:
1. Under the former, 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 former, the term granted is 20
years renewable for 20-year periods; while
 Republic Act No. 8293 28
Intellectual Property Code of the Philippines

under the latter, the term is for 10 years, o In case of insolvency, the offender shall
renewable for 10-year periods. furthermore suffer subsidiary
3. Under the former, the affidavit of use or imprisonment.
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 former, a Supplemental Register
is required to be maintained; while under
the latter, it is no longer required.
5. Under the former law, penalties for
infringement, unfair competition, false
designation of origin and false description
or representation range from fine of Php
500.00 to Php 2,000.00 and/or 6 months to
3 years and 4 months of imprisonment;
while under the latter law, the penalties
range from fine of Php 50,000.00 to Php
200,000.00 and/or 2 to 5 years of
imprisonment.

Significant changes in the Copyright Law

It is now required that after the first public
dissemination of performance by authority of the
copyright owner of certain specified work, there
shall, for the purpose 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.

The scheme of penalties for infringement has also

been changed. From the previous fine of Php200
to Php 2,000.00 and/or imprisonment of 1 year,
the current range of penalties are as follows:
o For first offenders – fine of Php 50,000.00
to Php 150,000.00 and/or imprisonment of
1 to 3 years.
o For second offenders – fine of Php
150,000.00 to Php 500,000.00 and/or
imprisonment of 3 to 6 years.
o For third and subsequent offenders – fine
of Php 500,000.00 to Php 1.5 million
and/or imprisonment of 6 to 9 years.