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8293
LAWTUBEPOLITICSIP LAWMONDAY, JANUARY 13, 2020
BY
GENERAL OVERVIEW
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.
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.
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 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Laws repealed:
Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more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 Therefor];
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].cralaw
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.
The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit:
The intellectual property rights under the Intellectual Property Code are as follows:
3. Geographic indications;
4. Industrial designs;
5. Patents;
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. 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;
5. Publish regularly in its own publication the patents, marks, utility models and industrial
designs, issued and approved, and the technology transfer arrangements registered;
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.
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: PhP10,000 and/or 5
years of imprisonment and the offense prescribes in 2 years; under the present law, the penalties
range from PhP100,000 to PhP300,000 and/or 6 months to 3 years of imprisonment and the
offense prescribes in 3 years.
The significant changes in the trademark law under the old law [R. A. 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
under the latter, the term is for 10 years, renewable for 10-year periods.
3. Under the former, the affidavit of use or 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.
5. Under the former law, penalties for infringement, unfair competition, false designation
of origin and false description or representation range from fine of PhP500 to PhP2,000 and/or
6 months to 3 years and 4 months of imprisonment; while under the latter law, the penalties
range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years of imprisonment.
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.cralaw
The scheme of penalties for infringement has also been changed. From the previous fine
of Php200 to Php2,000 and/or imprisonment of 1 year, the current range of penalties are as
follows:
years
For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million and/or
imprisonment of 6 to 9 years.