THE CURRENT LAW

REPUBLIC ACT NO. 8293

(INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL
PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES

PART I.
THE INTELLECTUAL PROPERTY OFFICE
who is domiciled or has a real and effective
1. Title. - This Act shall be known as the industrial establishment in a country which is a
“Intellectual Property Code of the party to any convention, treaty or agreement
Philippines”. relating to intellectual property rights or the
repression of unfair competition, to which the
2. Declaration of State Policy. - The State
Philippines is also a party, or extends reciprocal
recognizes that an effective intellectual
rights to nationals of the Philippines by law,
and industrial property system is vital to
shall be entitled to benefits to the extent
the development of domestic and
necessary to give effect to any provision of such
creative activity, facilitates transfer of
convention, treaty or reciprocal law, in addition
technology, attracts foreign
to the rights to which any owner of an
investments, and ensures market access
intellectual property right is otherwise entitled
for our products. It shall protect and
by this Act. (n)
secure the exclusive rights of scientists,
inventors, artists and other gifted 4. Definitions. –
citizens to their intellectual property
4.1. The term “intellectual property rights”
and creations, particularly when
consists of:
beneficial to the people, for such
periods as provided in this Act. a. Copyright and Related Rights;
The use of intellectual property bears a social b. Trademarks and Service Marks;
function. To this end, the State shall promote
the diffusion of knowledge and information for c. Geographic Indications;
the promotion of national development and d. Industrial Designs;
progress and the common good.
e. Patents;
It is also the policy of the State to streamline
administrative procedures of registering f. Layout-Designs (Topographies) of
patents, trademarks and copyright, to liberalize Integrated Circuits; and
the registration on the transfer of technology, g. Protection of Undisclosed Information
and to enhance the enforcement of intellectual (n, TRIPS).
property rights in the Philippines. (n)

3. International Conventions and

Reciprocity. - Any person who is a national or 4.2. The term "technology transfer
arrangements" refers to contracts or
agreements involving the transfer of systematic
knowledge for the manufacture of a product, g. Coordinate with other government
the application of a process, or rendering of a agencies and the private sector efforts to
service including management contracts; and formulate and implement plans and policies to
the transfer, assignment or licensing of all forms strengthen the protection of intellectual
of intellectual property rights, including property rights in the country.
licensing of computer software except computer
5.2. The Office shall have custody of all records,
software developed for mass market.
books, drawings, specifications, documents, and
4.3. The term "Office" refers to the Intellectual other papers and things relating to intellectual
Property Office created by this Act. property rights applications filed with the
Office. (n)
4.4. The term "IPO Gazette" refers to the gazette
published by the Office under this Act. (n) 6. The Organizational Structure of the IPO.
–
5. Functions of the Intellectual Property
Office (IPO). – 6.1. The Office shall be headed by a Director
General who shall be assisted by two (2)
5.1. To administer and implement the State
Deputies Director General.
policies declared in this Act, there is hereby
created the Intellectual Property Office (IPO) 6.2. The Office shall be divided into seven (7)
which shall have the following functions: Bureaus, each of which shall be headed by a
Director and assisted by an Assistant Director.
a. Examine applications for grant of letters
These Bureaus are:
patent for inventions and register utility models
and industrial designs; a. The Bureau of Patents;

b. Examine applications for the b. The Bureau of Trademarks;

registration of marks, geographic indication,
c. The Bureau of Legal Affairs;
integrated circuits;
d. The Documentation, Information and
c. Register technology transfer
Technology Transfer Bureau;
arrangements and settle disputes involving
technology transfer payments covered by the e. The Management Information System
provisions of Part II, Chapter IX on Voluntary and EDP Bureau;
Licensing and develop and implement strategies
to promote and facilitate technology transfer; f. The Administrative, Financial and
Personnel Services Bureau; and
d. Promote the use of patent information
as a tool for technology development; g. The Bureau of Copyright and Other
Related Rights.
e. Publish regularly in its own publication
the patents, marks, utility models and industrial 6.3. The Director General, Deputies Director
designs, issued and approved, and the General, Directors and Assistant Directors shall
technology transfer arrangements registered; be appointed by the President, and the other
officers and employees of the Office by the
f. Administratively adjudicate contested Secretary of Trade and Industry, conformably
proceedings affecting intellectual property with and under the Civil Service Law. (n)
rights; and
7. The Director General and Deputies of the Director of Documentation, Information
Director General. – and Technology Transfer Bureau shall be
appealable to the Secretary of Trade and
7.1. Functions. - The Director General
Industry;
shall exercise the following powers and
functions: c. Undertake enforcement functions
supported by concerned agencies such as the
a. Manage and direct all functions and
Philippine National Police, the National Bureau
activities of the Office, including the
of Investigation, the Bureau of Customs, the
promulgation of rules and regulations to
Optical Media Board, and the local government
implement the objectives, policies, plans,
units, among others;
programs and projects of the Office: Provided,
That in the exercise of the authority to propose d. Conduct visits during reasonable hours
policies and standards in relation to the to establishments and businesses engaging in
following: (1) the effective, efficient, and activities violating intellectual property rights
economical operations of the Office requiring and provisions of this Act based on report,
statutory enactment; (2) coordination with information or complaint received by the office;
other agencies of government in relation to the and
enforcement of intellectual property rights; (3)
e. Such other functions in furtherance of
the recognition of attorneys, agents, or other
protecting IP rights and objectives of this Act.
persons representing applicants or other parties
before the Office; and (4) the establishment of 7.2. Qualifications. - The Director General and
fees for the filing and processing of an the Deputies Director General must be natural
application for a patent, utility model or born citizens of the Philippines, at least thirty-
industrial design or mark or a collective mark, five (35) years of age on the day of their
geographic indication and other marks of appointment, holders of a college degree, and
ownership, and for all other services performed of proven competence, integrity, probity and
and materials furnished by the Office, the independence: Provided, That the Director
Director General shall be subject to the General and at least one (1) Deputy Director
supervision of the Secretary of Trade and General shall be members of the Philippine Bar
Industry; who have engaged in the practice of law for at
least ten (10) years: Provided further, That in
b. Exercise exclusive appellate jurisdiction
the selection of the Director General and the
over all decisions rendered by the Director of
Deputies Director General, consideration shall
Legal Affairs, the Director of Patents, the
be given to such qualifications as would result,
Director of Trademarks, the Director of
as far as practicable, in the balanced
Copyright and Other Related Rights, and the
representation in the Directorate General of the
Director of the Documentation, Information and
various fields of intellectual property.
Technology Transfer Bureau. The decisions of
the Director General in the exercise of his 7.3. Term of Office. - The Director General and
appellate jurisdiction in respect of the decisions the Deputies Director General shall be
of the Director of Patents, the Director of appointed by the President for a term of five (5)
Trademarks and the Director of Copyright and years and shall be eligible for reappointment
Other Related Rights shall be appealable to the only once: Provided, That the first Director
Court of Appeals in accordance with the Rules General shall have a first term of seven (7)
of Court; and those in respect of the decisions
years. Appointment to any vacancy shall be only performance or other communication of his
for the unexpired term of the predecessor. work;

7.4. The Office of the Director General. - The 9A.2. Accept, review and decide on applications
Office of the Director General shall consist of for the accreditation of collective management
the Director General and the Deputies Director organizations or similar entities;
General, their immediate staff and such Offices
9A.3. Conduct studies and researches in the
and Services that the Director General will set
field of copyright and related rights; and
up to support directly the Office of the Director
General. (n) 9A.4. Provide other copyright and related rights
service and charge reasonable fees therefor.
8. The Bureau of Patents. - The Bureau of
Patents shall have the following functions: 10. The Bureau of Legal Affairs. - The
Bureau of Legal Affairs shall have the following
8.1. Search and examination of patent
functions:
applications and the grant of patents;
10.1. Hear and decide opposition to the
8.2. Registration of utility models, industrial
application for registration of marks;
designs, and integrated circuits; and
cancellation of trademarks; subject to the
8.3. Conduct studies and researches in the field provisions of Section 64, cancellation of patents,
of patents in order to assist the Director General utility models, and industrial designs; and
in formulating policies on the administration petitions for compulsory licensing of patents;
and examination of patents. (n)
10.2.
9. The Bureau of Trademarks. - The Bureau
a. Exercise original jurisdiction in
of Trademarks shall have the following
administrative complaints for violations of laws
functions:
involving intellectual property rights: Provided,
9.1. Search and examination of the applications That its jurisdiction is limited to complaints
for the registration of marks, geographic where the total damages claimed are not less
indications and other marks of ownership and than Two hundred thousand pesos (Php
the issuance of the certificates of registration; 200,000): Provided further, That availment of
and the provisional remedies may be granted in
accordance with the Rules of Court. The
9.2. Conduct studies and researches in the field
Director of Legal Affairs shall have the power to
of trademarks in order to assist the Director
hold and punish for contempt all those who
General in formulating policies on the
disregard orders or writs issued in the course of
administration and examination of trademarks.
the proceedings. (n)
(n)
b. After formal investigation, the Director
Sec. 9A. The Bureau of Copyright and Other
for Legal Affairs may impose one (1) or more of
Related Rights. - The Bureau of Copyright and
the following administrative penalties:
Other Related Rights shall have the following
functions: i.The issuance of a cease and desist order which
shall specify the acts that the respondent shall
9A.1. Exercise original jurisdiction to resolve
cease and desist from and shall require him to
disputes relating to the terms of a license
involving the author’s right to public
 submit a compliance report within a reasonable governments or to charitable or relief
time which shall be fixed in the order; institutions, exportation, recycling into
other goods, or any combination
ii.The acceptance of a voluntary assurance of
thereof, under such guidelines as he
compliance or discontinuance as may be
may provide;
imposed. Such voluntary assurance may include
one or more of the following: iii. The forfeiture of paraphernalia and all
real and personal properties which have
1. An assurance to comply
been used in the commission of the
with the provisions of
offense;
the intellectual
property law violated; iii. The imposition of administrative fines in
such amount as deemed reasonable by
2. An assurance to refrain
the Director of Legal Affairs, which shall
from engaging in
in no case be less than Five thousand
unlawful and unfair acts
pesos (Php 5,000) nor more than One
and practices subject of
hundred fifty thousand pesos (Php
the formal
150,000). In addition, an additional fine
investigation;
of not more than One thousand pesos
3. An assurance to recall, (Php 1,000) shall be imposed for each
replace, repair, or day of continuing violation;
refund the money value
iii. The cancellation of any permit, license,
of defective goods
authority, or registration which may
distributed in
have been granted by the Office, or the
commerce; and
suspension of the validity thereof for
4. An assurance to such period of time as the Director of
reimburse the Legal Affairs may deem reasonable
complainant the which shall not exceed one (1) year;
expenses and costs
iii. The withholding of any permit, license,
incurred in prosecuting
authority, or registration which is being
the case in the Bureau
secured by the respondent from the
of Legal Affairs.
Office;
The Director of Legal Affairs may also require
iii. The assessment of damages;
the respondent to submit periodic compliance
reports and file a bond to guarantee compliance iii. Censure; and
of his undertaking;
iii. Other analogous penalties or sanctions.
iii. The condemnation or seizure of (Sec. 6, 7, 8, and 9, Executive Order No.
products which are subject of the 913 [1983] a)
offense. The goods seized hereunder
10.3. The Director General may by Regulations
shall be disposed of in such manner as
establish the procedure to govern the
may be deemed appropriate by the
implementation of this Section. (n)
Director of Legal Affairs, such as by sale,
donation to distressed local
11. The Documentation, Information and 11.8. Register technology transfer
Technology Transfer Bureau. - The arrangements, and settle disputes involving
Documentation, Information and Technology technology transfer payments. (n)
Transfer Bureau shall have the following
12. The Management Information Services
functions:
and EDP Bureau. - The Management
11.1. Support the search and examination Information Services and EDP Bureau shall:
activities of the Office through the following
12.1. Conduct automation planning, research
activities:
and development, testing of systems, contracts
a. Maintain and upkeep classification with firms, contracting, purchase and
systems whether they be national or maintenance of equipment, design and
international such as the International Patent maintenance of systems, user consultation, and
Classification (IPC) system; the like; and

b. Provide advisory services for the 12.2. Provide management information support
determination of search patterns; and service to the Office. (n)

c. Maintain search files and search rooms 13. The Administrative, Financial and
and reference libraries; and Human Resource Development Service Bureau.
-
d. Adapt and package industrial property
information. 13.1. The Administrative Service shall:

11.2. Establish networks or intermediaries or a. Provide services relative to

regional representatives; procurement and allocation of supplies and
equipment, transportation, messengerial work,
11.3. Educate the public and build awareness on
cashiering, payment of salaries and other
intellectual property through the conduct of
Office's obligations, office maintenance, proper
seminars and lectures, and other similar
safety and security, and other utility services;
activities;
and comply with government regulatory
11.4. Establish working relations with research requirements in the areas of performance
and development institutions as well as with appraisal, compensation and benefits,
local and international intellectual property employment records and reports;
professional groups and the like;
b. Receive all applications filed with the
11.5. Perform state-of-the-art searches; Office and collect fees therefore; and

11.6. Promote the use of patent information as c. Publish patent applications and grants,
an effective tool to facilitate the development of trademark applications, and registration of
technology in the country; marks, industrial designs, utility models,
geographic indication, and lay-out-designs of
11.7. Provide technical, advisory, and other integrated circuits registrations.
services relating to the licensing and promotion
of technology, and carry out an efficient and 13.2. The Patent and Trademark Administration
effective program for technology transfer; and Services shall perform the following functions
among others:
a. Maintain registers of assignments, to the Office's annual budget, shall be deposited
mergings, licenses, and bibliographic on patents and maintained in a separate account or fund,
and trademarks; which may be used or disbursed directly by the
Director General.
b. Collect maintenance fees, issue certified
copies of documents in its custody and perform 14.2. After five (5) years from the coming into
similar other activities; and force of this Act, the Director General shall,
subject to the approval of the Secretary of Trade
c. Hold in custody all the applications filed
and Industry, determine if the fees and charges
with the office, and all patent grants, certificate
mentioned in Subsection 14.1 hereof that the
of registrations issued by the office, and the like.
Office shall collect are sufficient to meet its
13.3. The Financial Service shall formulate and budgetary requirements. If so, it shall retain all
manage a financial program to ensure the fees and charges it shall collect under the
availability and proper utilization of funds; same conditions indicated in said Subsection
provide for an effective monitoring system of 14.1 but shall forthwith, cease to receive any
the financial operations of the Office; and funds from the annual budget of the National
Government; if not, the provisions of said
13.4. The Human Resource Development Subsection 14.1 shall continue to apply until
Service shall design and implement human such time when the Director General, subject to
resource development plans and programs for the approval of the Secretary of Trade and
the personnel of the Office; provide for present Industry, certifies that the above-stated fees
and future manpower needs of the and charges the Office shall collect are enough
organization; maintain high morale and to fund its operations. (n).
favorable employee attitudes towards the
organization through the continuing design and 15. Special Technical and Scientific
implementation of employee development Assistance. - The Director General is
programs. (n) empowered to obtain the assistance of
technical, scientific or other qualified officers
14. Use of Intellectual Property Rights Fees and employees of other departments, bureaus,
by the IPO. - offices, agencies and instrumentalities of the
14.1. For a more effective and expeditious Government, including corporations owned,
implementation of this Act, the Director General controlled or operated by the Government,
shall be authorized to retain, without need of a when deemed necessary in the consideration of
separate approval from any government agency, any matter submitted to the Office relative to
and subject only to the existing accounting and the enforcement of the provisions of this Act.
auditing rules and regulations, all the fees, fines, (Sec. 3, R.A. No. 165a)
royalties and other charges, collected by the 16. Seal of Office. - The Office shall have a
Office under this Act and the other laws that the seal, the form and design of which shall be
Office will be mandated to administer, for use in approved by the Director General. (Sec. 4, R.A.
its operations, like upgrading of its facilities, No. 165a)
equipment outlay, human resource
development, and the acquisition of the 17. Publication of Laws and Regulations. -
appropriate office space, among others, to The Director General shall cause to be printed
improve the delivery of its services to the and make available for distribution, pamphlet
public. This amount, which shall be in addition copies of this Act, other pertinent laws,
executive orders and information circulars 20.6. "Priority date" means the date of filing of
relating to matters within the jurisdiction of the the foreign application for the same invention
Office. (Sec. 5, R.A. No. 165a) referred to in Section 31 of this Act. (n)

18. The IPO Gazette. - All matters required

to be published under this Act shall be
Chapter II.
published in the Office's own publication to be
PATENTABILITY
known as the IPO Gazette. (n)
21. Patentable Inventions. - Any technical
19. Disqualification of Officers and
solution of a problem in any field of human
Employees of the Office. - All officers and
activity which is new, involves an inventive step
employees of the Office shall not apply or act as
and is industrially applicable shall be
an attorney or patent agent of an application for
patentable. It may be, or may relate to, a
a grant of patent, for the registration of a utility
product, or process, or an improvement of any
model, industrial design or mark nor acquire,
of the foregoing. (Sec. 7, R.A. No.165a)
except by hereditary succession, any patent or
utility model, design registration, or mark or any 22. Non-Patentable Inventions. - The
right, title or interest therein during their following shall be excluded from patent
employment and for one (1) year thereafter. protection:
(Sec. 77, R.A. No. 165a)
22.1. Discoveries, scientific theories and
PART II. mathematical methods, and in the case of drugs
THE LAW ON PATENTS and medicines, the mere discovery of a new
form or new property of a known substance
Chapter I.
which does not result in the enhancement of
GENERAL PROVISIONS
the known efficacy of that substance, or the
20. Definition of Terms Used in Part II, The mere discovery of any new property or new use
Law on Patents. – As used in Part II, the for a known substance, or the mere use of a
following terms shall have the following known process unless such known process
meanings: results in a new product that employs at least
one new reactant.
20.1. "Bureau" means the Bureau of Patents;
For the purpose of this clause, salts, esters,
20.2. "Director" means the Director of Patents;
ethers, polymorphs, metabolites, pure form,
20.3. "Regulations" means the Rules of Practice particle size, isomers, mixtures of isomers,
in Patent Cases formulated by the Director of complexes, combinations, and other derivatives
Patents and promulgated by the Director of a known substance shall be considered to be
General; the same substance, unless they differ
significantly in properties with regard to
20.4. "Examiner" means the patent examiner; efficacy;
20.5. "Patent application" or "application" 22.2. Schemes, rules and methods of
means an application for a patent for an performing mental acts, playing games or doing
invention except in Chapters XII and XIII, where business, and programs for computers;
application means an application for a utility
model and an industrial design, respectively; 22.3 Methods for treatment of the human or
and animal body by surgery or therapy and
diagnostic methods practiced on the human or 25. Non-Prejudicial Disclosure. –
animal body. This provision shall not apply to
25.1. The disclosure of information contained in
products and composition for use in any of
the application during the twelve (12) months
these methods;
preceding the filing date or the priority date of
22.4. Plant varieties or animal breeds or the application shall not prejudice the applicant
essentially biological process for the production on the ground of lack of novelty if such
of plants or animals. This provision shall not disclosure was made by:
apply to micro-organisms and non-biological
a. The inventor;
and microbiological processes.
b. A patent office and the information was
Provisions under this subsection shall not
contained (a) in another application filed by the
preclude Congress to consider the enactment of
inventor and should not have been disclosed by
a law providing sui generis protection of plant
the office, or (b) in an application filed without
varieties and animal breeds and a system of
the knowledge or consent of the inventor by a
community intellectual rights protection;
third party which obtained the information
22.5. Aesthetic creations; and directly or indirectly from the inventor; or

22.6. Anything which is contrary to c. A third party which obtained the

public order or morality. (Sec. 8, R.A. No. 165a) information directly or indirectly from the
inventor.
23. Novelty. - An invention shall not be
considered new if it forms part of a prior art. 25.2. For the purposes of Subsection 25.1,
(Sec. 9, R.A. No. 165a) "inventor" also means any person who, at the
filing date of application, had the right to the
24. Prior Art. - Prior art shall consist of:
patent. (n)
24.1. Everything which has been made available
26. Inventive Step. - 26.1 An invention
to the public anywhere in the world, before the
involves an inventive step if, having regard to
filing date or the priority date of the application
prior art, it is not obvious to a person skilled in
claiming the invention; and
the art at the time of the filing date or priority
24.2. The whole contents of an application for a date of the application claiming the invention.
patent, utility model, or industrial design (n)
registration, published in accordance with this
26.2 In the case of drugs and medicines, there is
Act, filed or effective in the Philippines, with a
no inventive step if the invention results from
filing or priority date that is earlier than the
the mere discovery of a new form or new
filing or priority date of the application:
property of a known substance which does not
Provided, That the application which has validly
result in the enhancement of the known efficacy
claimed the filing date of an earlier application
of that substance, or the mere discovery of any
under Section 31 of this Act, shall be prior art
new property or new use for a known
with effect as of the filing date of such earlier
substance, or the mere use of a known process
application: Provided further, That the applicant
unless such known process results in a new
or the inventor identified in both applications
product that employs at least one new reactant.
are not one and the same. (Sec. 9, R.A. No.
165a)
27. Industrial Applicability. - An invention country which by treaty, convention, or law
that can be produced and used in any industry affords similar privileges to Filipino citizens,
shall be industrially applicable. (n) shall be considered as filed as of the date of
filing the foreign application: Provided, That: (a)
Chapter III.
the local application expressly claims priority;
RIGHT TO A PATENT
(b) it is filed within twelve (12) months from the
28. Right to a Patent. - The right to a date the earliest foreign application was filed;
patent belongs to the inventor, his heirs, or and (c) a certified copy of the foreign
assigns. When two (2) or more persons have application together with an English translation
jointly made an invention, the right to a patent is filed within six (6) months from the date of
shall belong to them jointly. (Sec. 10, R.A. No. filing in the Philippines. (Sec. 15, R.A. No. 165a)
165a)

29. First to File Rule. - If two (2) or more

Chapter IV.
persons have made the invention separately
PATENT APPLICATION
and independently of each other, the right to
the patent shall belong to the person who filed 32. The Application. - 32.1. The patent
an application for such invention, or where two application shall be in Filipino or English and
or more applications are filed for the same shall contain the following:
invention, to the applicant who has the earliest
a. A request for the grant of a patent;
filing date or, the earliest priority date. (3rd
sentence, Sec. 10, R.A. No. 165a.) b. A description of the invention;
30. Inventions Created Pursuant to a c. Drawings necessary for the
Commission. – understanding of the invention;
30.1. The person who commissions the work d. One or more claims; and
shall own the patent, unless otherwise provided
in the contract. e. An abstract.

30.2. In case the employee made the invention 32.2. No patent may be granted unless the
in the course of his employment contract, the application identifies the inventor. If the
patent shall belong to: applicant is not the inventor, the Office may
require him to submit said authority. (Sec. 13,
a. The employee, if the inventive activity is R.A. No. 165a)
not a part of his regular duties even if the
employee uses the time, facilities and materials 33. Appointment of Agent or
of the employer. Representative. - An applicant who is not a
resident of the Philippines must appoint and
b. The employer, if the invention is the maintain a resident agent or representative in
result of the performance of his regularly- the Philippines upon whom notice or process
assigned duties, unless there is an agreement, for judicial or administrative procedure relating
express or implied, to the contrary. (n) to the application for patent or the patent may
be served. (Sec. 11, R.A. No. 165a)
31. Right of Priority. - An application for
patent filed by any person who has previously 34. The Request. - The request shall
applied for the same invention in another contain a petition for the grant of the patent,
the name and other data of the applicant, the invention, and the principal use or uses of the
inventor and the agent and the title of the invention. The abstract shall merely serve for
invention. (n) technical information. (n)

35. Disclosure and Description of the 38. Unity of Invention. –

Invention. –
38.1. The application shall relate to one
35.1. Disclosure. - The application shall disclose invention only or to a group of inventions
the invention in a manner sufficiently clear and forming a single general inventive concept.
complete for it to be carried out by a person
38.2. If several independent inventions which
skilled in the art. Where the application
do not form a single general inventive concept
concerns a microbiological process or the
are claimed in one application, the Director may
product thereof and involves the use of a micro-
require that the application be restricted to a
organism which cannot be sufficiently disclosed
single invention. A later application filed for an
in the application in such a way as to enable the
invention divided out shall be considered as
invention to be carried out by a person skilled in
having been filed on the same day as the first
the art, and such material is not available to the
application: Provided, That the later application
public, the application shall be supplemented by
is filed within four (4) months after the
a deposit of such material with an international
requirement to divide becomes final, or within
depository institution.
such additional time, not exceeding four (4)
35.2. Description. - The Regulations months, as may be granted: Provided further,
shall prescribe the contents of the description That each divisional application shall not go
and the order of presentation. (Sec. 14, R.A. No. beyond the disclosure in the initial application.
165a)
38.3. The fact that a patent has been granted on
an application that did not comply with the
requirement of unity of invention shall not be a
ground to cancel the patent. (Sec. 17, R.A. No.
36. The Claims. –
165a)
36.1. The application shall contain one (1) or
39. Information Concerning Corresponding
more claims which shall define the matter for
Foreign Application for Patents. - The applicant
which protection is sought. Each claim shall be
shall, at the request of the Director, furnish him
clear and concise, and shall be supported by the
with the date and number of any application for
description.
a patent filed by him abroad, hereafter referred
36.2. The Regulations shall prescribe the to as the "foreign application," relating to the
manner of the presentation of claims. (n) same or essentially the same invention as that
claimed in the application filed with the Office
37. The Abstract. - The abstract shall and other documents relating to the foreign
consist of a concise summary of the disclosure application. (n)
of the invention as contained in the description,
claims and drawings in preferably not more than Chapter V.
one hundred fifty (150) words. It must be PROCEDURE FOR GRANT OF PATENT
drafted in a way which allows the clear
40. Filing Date Requirements. –
understanding of the technical problem, the gist
of the solution of that problem through the
40.1. The filing date of a patent application shall 43. Classification and Search. - An
be the date of receipt by the Office of at least application that has complied with the formal
the following elements: requirement shall be classified and a search
conducted to determine the prior art. (n)
a. An express or implicit indication that a
Philippine patent is sought; 44. Publication of Patent Application. –

b. Information identifying the applicant; 44.1. The patent application shall be published
and in the IPO Gazette together with a search
document established by or on behalf of the
c. Description of the invention and one (1)
Office citing any documents that reflect prior
or more claims in Filipino or English.
art, after the expiration of eighteen (18) months
40.2. If any of these elements is not submitted from the filing date or priority date.
within the period set by the Regulations, the
44.2. After publication of a patent application,
application shall be considered withdrawn. (n)
any interested party may inspect the application
41. According a Filing Date. - The Office documents filed with the Office.
shall examine whether the patent application
44.3. The Director General, subject to the
satisfies the requirements for the grant of date
approval of the Secretary of Trade and Industry,
of filing as provided in Section 40 hereof. If the
may prohibit or restrict the publication of an
date of filing cannot be accorded, the applicant
application, if in his opinion, to do so would be
shall be given an opportunity to correct the
prejudicial to the national security and interests
deficiencies in accordance with the
of the Republic of the Philippines. (n)
implementing Regulations. If the application
does not contain all the elements indicated in 45. Confidentiality Before Publication. - A
Section 40, the filing date should be that date patent application, which has not yet been
when all the elements are received. If the published, and all related documents, shall not
deficiencies are not remedied within the be made available for inspection without the
prescribed time limit, the application shall be consent of the applicant. (n)
considered withdrawn. (n)
46. Rights Conferred by a Patent Application
42. Formality Examination. – After Publication. - The applicant shall have all
the rights of a patentee under Section 76
42.1. After the patent application has been
against any person who, without his
accorded a filing date and the required fees
authorization, exercised any of the rights
have been paid on time in accordance with the
conferred under Section 71 of this Act in
Regulations, the applicant shall comply with the
relation to the invention claimed in the
formal requirements specified by Section 32 and
published patent application, as if a patent had
the Regulations within the prescribed period,
been granted for that invention: Provided, That
otherwise the application shall be considered
the said person had:
withdrawn.
46.1. Actual knowledge that the invention that
42.2. The Regulations shall determine the
he was using was the subject matter of a
procedure for the re-examination and revival of
published application; or
an application as well as the appeal to the
Director of Patents from any final action by the 46.2. Received written notice that the invention
examiner. (Sec. 16, R.A. No. 165a) that he was using was the subject matter of a
published application being identified in the 50.3. A patent shall take effect on the date of
said notice by its serial number: Provided, That the publication of the grant of the patent in the
the action may not be filed until after the grant IPO Gazette. (Sec. 18, R.A. No. 165a)
of a patent on the published application and
51. Refusal of the Application. –
within four (4) years from the commission of
the acts complained of. (n) 51.1. The final order of refusal of the examiner
to grant the patent shall be appealable to the
47. Observation by Third Parties.
Director in accordance with this Act.
- Following the publication of the patent
application, any person may present 51.2. The Regulations shall provide for the
observations in writing concerning the procedure by which an appeal from the order of
patentability of the invention. Such refusal from the Director shall be undertaken.
observations shall be communicated to the (n)
applicant who may comment on them. The
Office shall acknowledge and put such 52. Publication Upon Grant of Patent. –
observations and comment in the file of the 52.1. The grant of the patent together with
application to which it relates. (n) other related information shall be published in
48. Request for Substantive Examination. – the IPO Gazette within the time prescribed by
the Regulations.
48.1. The application shall be deemed
withdrawn unless within six (6) months from 52.2. Any interested party may inspect the
the date of publication under Section 41, a complete description, claims, and drawings of
written request to determine whether a patent the patent on file with the Office. (Sec. 18, R.A.
application meets the requirements of Sections No. 165a)
21 to 27 and Sections 32 to 39 and the fees 53. Contents of Patent. - The patent shall
have been paid on time. be issued in the name of the Republic of the
48.2. Withdrawal of the request for examination Philippines under the seal of the Office and shall
shall be irrevocable and shall not authorize the be signed by the Director, and registered
refund of any fee. (n) together with the description, claims, and
drawings, if any, in books and records of the
49. Amendment of Application. - An Office. (Secs. 19 and 20, R.A. No. 165a)
applicant may amend the patent application
during examination: Provided, That such 54. Term of Patent. - The term of a patent
amendment shall not include new matter shall be twenty (20) years from the filing date of
outside the scope of the disclosure contained in the application. (Sec. 21, R.A. No. 165a)
the application as filed. (n) 55. Annual Fees. –
50. Grant of Patent. – 55.1. To maintain the patent application or
50.1. If the application meets the requirements patent, an annual fee shall be paid upon the
of this Act, the Office shall grant the patent: expiration of four (4) years from the date the
Provided, That all the fees are paid on time. application was published pursuant to Section
44 hereof, and on each subsequent anniversary
50.2. If the required fees for grant and printing of such date. Payment may be made within
are not paid in due time, the application shall be three (3) months before the due date. The
deemed to be withdrawn. obligation to pay the annual fees shall terminate
should the application be withdrawn, refused, 57. Correction of Mistakes of the Office. -
or cancelled. The Director shall have the power to correct,
without fee, any mistake in a patent incurred
55.2. If the annual fee is not paid, the patent
through the fault of the Office when clearly
application shall be deemed withdrawn or the
disclosed in the records thereof, to make the
patent considered as lapsed from the day
patent conform to the records. (Sec. 25, R.A.
following the expiration of the period within
No. 165)
which the annual fees were due. A notice that
the application is deemed withdrawn or the 58. Correction of Mistake in the Application.
lapse of a patent for non-payment of any annual - On request of any interested person and
fee shall be published in the IPO Gazette and payment of the prescribed fee, the Director is
the lapse shall be recorded in the Register of the authorized to correct any mistake in a patent of
Office. a formal and clerical nature, not incurred
through the fault of the Office. (Sec. 26, R.A. No.
55.3. A grace period of six (6) months shall be
165a)
granted for the payment of the annual fee, upon
payment of the prescribed surcharge for 59. Changes in Patents. -
delayed payment. (Sec. 22, R.A. No. 165a)
59.1. The owner of a patent shall have the right
56. Surrender of Patent. – to request the Bureau to make the changes in
the patent in order to:
56.1. The owner of the patent, with the consent
of all persons having grants or licenses or other a. Limit the extent of the protection
right, title or interest in and to the patent and conferred by it;
the invention covered thereby, which have been
b. Correct obvious mistakes or to correct
recorded in the Office, may surrender his patent
clerical errors; and
or any claim or claims forming part thereof to
the Office for cancellation. c. Correct mistakes or errors, other than
those referred to in letter (b), made in good
56.2. A person may give notice to the Office of
faith: Provided, That where the change would
his opposition to the surrender of a patent
result in a broadening of the extent of
under this section, and if he does so, the Bureau
protection conferred by the patent, no request
shall notify the proprietor of the patent and
may be made after the expiration of two (2)
determine the question.
years from the grant of a patent and the change
56.3. If the Office is satisfied that the patent shall not affect the rights of any third party
may properly be surrendered, he may accept which has relied on the patent, as published.
the offer and, as from the day when notice of
59.2. No change in the patent shall be
his acceptance is published in the IPO Gazette,
permitted under this section, where the change
the patent shall cease to have effect, but no
would result in the disclosure contained in the
action for infringement shall lie and no right
patent going beyond the disclosure contained in
compensation shall accrue for any use of the
the application filed.
patented invention before that day for the
services of the government. (Sec. 24, R.A. No. 59.3. If, and to the extent to which the Office
165a) changes the patent according to this section, it
shall publish the same. (n)
60. Form and Publication of Amendment. - petition shall be attached thereto, together with
An amendment or correction of a patent shall the translation thereof in English, if not in the
be accomplished by a certificate of such English language. (Sec. 30, R.A. No. 165)
amendment or correction, authenticated by the
63. Notice of Hearing. - Upon filing of a
seal of the Office and signed by the Director,
petition for cancellation, the Director of Legal
which certificate shall be attached to the patent.
Affairs shall forthwith serve notice of the filing
Notice of such amendment or correction shall
thereof upon the patentee and all persons
be published in the IPO Gazette and copies of
having grants or licenses, or any other right, title
the patent kept or furnished by the Office shall
or interest in and to the patent and the
include a copy of the certificate of amendment
invention covered thereby, as appears of record
or correction. (Sec. 27, R.A. No. 165)
in the Office, and of notice of the date of
Chapter VI. hearing thereon on such persons and the
CANCELLATION OF PATENTS AND petitioner. Notice of the filing of the petition
SUBSTITUTION OF PATENTEE shall be published in the IPO Gazette. (Sec. 31,
R.A. No. 165a)
61. Cancellation of Patents. –
64. Committee of Three. - In cases involving
61.1. Any interested person may, upon payment
highly technical issues, on motion of any party,
of the required fee, petition to cancel the patent
the Director of Legal Affairs may order that the
or any claim thereof, or parts of the claim, on
petition be heard and decided by a committee
any of the following grounds:
composed of the Director of Legal Affairs as
a. That what is claimed as the invention is chairman and two (2) members who have the
not new or patentable; experience or expertise in the field of
technology to which the patent sought to be
b. That the patent does not disclose the cancelled relates. The decision of the committee
invention in a manner sufficiently clear and shall be appealable to the Director General. (n)
complete for it to be carried out by any person
skilled in the art; or 65. Cancellation of the Patent. –

c. That the patent is contrary to public 65.1. If the Committee finds that a case for
order or morality. cancellation has been proved, it shall order the
patent or any specified claim or claims thereof
61.2. Where the grounds for cancellation relate cancelled.
to some of the claims or parts of the claim,
cancellation may be effected to such extent 65.2. If the Committee finds that, taking into
only. (Secs. 28 and 29, R.A. No. 165a) consideration the amendment made by the
patentee during the cancellation proceedings,
62. Requirement of the Petition. - The the patent and the invention to which it relates
petition for cancellation shall be in writing, meet the requirement of this Act, it may decide
verified by the petitioner or by any person in his to maintain the patent as amended: Provided,
behalf who knows the facts, specify the grounds That the fee for printing of a new patent is paid
upon which it is based, include a statement of within the time limit prescribed in the
the facts to be relied upon, and filed with the Regulations.
Office. Copies of printed publications or of
patents of other countries, and other
supporting documents mentioned in the
65.3. If the fee for the printing of a new patent 67.2. The provisions of Subsection 38.2 shall
is not paid in due time, the patent should be apply mutatis mutandis to a new application
revoked. filed under Subsection 67.1(b). (n)

65.4. If the patent is amended under Subsection 68. Remedies of the True and Actual
65.2 hereof, the Bureau shall, at the same time Inventor. - If a person, who was deprived of the
as it publishes the mention of the cancellation patent without his consent or through fraud is
decision, publish the abstract, representative declared by final court order or decision to be
claims and drawings indicating clearly what the the true and actual inventor, the court shall
amendments consist of. (n) order for his substitution as patentee, or at the
option of the true inventor, cancel the patent,
66. Effect of Cancellation of Patent or Claim.
and award actual and other damages in his
- The rights conferred by the patent or any
favor if warranted by the circumstances. (Sec.
specified claim or claims cancelled shall
33, R.A. No. 165a)
terminate. Notice of the cancellation shall be
published in the IPO Gazette. Unless restrained 69. Publication of the Court Order. - The
by the Director General, the decision or order to court shall furnish the Office a copy of the order
cancel by Director of Legal Affairs shall be or decision referred to in Sections 67 and 68,
immediately executory even pending appeal. which shall be published in the IPO Gazette
(Sec. 32, R.A. No. 165a) within three (3) months from the date such
order or decision became final and executory,
and shall be recorded in the register of the
Chapter VII. Office. (n)
REMEDIES OF A PERSON WITH A RIGHT TO A
70. Time to File Action in Court. - The
PATENT
actions indicated in Sections 67 and 68 shall be
67. Patent Application by Persons Not filed within one (1) year from the date of
Having the Right to a Patent. – publication made in accordance with Sections
44 and 51, respectively. (n)
67.1. If a person referred to in Section 29 other
than the applicant, is declared by final court Chapter VIII.
order or decision as having the right to the RIGHTS OF PATENTEES AND INFRINGEMENT OF
patent, such person may, within three (3) PATENTS
months after the decision has become final:
71. Rights Conferred by Patent. –
a. Prosecute the application as his own
71.1. A patent shall confer on its owner the
application in place of the applicant;
following exclusive rights:
b. File a new patent application in respect
a. Where the subject matter of a patent is
of the same invention;
a product, to restrain, prohibit and prevent any
c. Request that the application be refused; unauthorized person or entity from making,
or using, offering for sale, selling or importing that
product;
d. Seek cancellation of the patent, if one
has already been issued. b. Where the subject matter of a patent is
a process, to restrain, prevent or prohibit any
unauthorized person or entity from using the
process, and from manufacturing, dealing in, solely for purposes reasonably related to the
using, selling or offering for sale, or importing development and submission of information
any product obtained directly or indirectly from and issuance of approvals by government
such process. regulatory agencies required under any law of
the Philippines or of another country that
71.2. Patent owners shall also have the right to
regulates the manufacture, construction, use or
assign, or transfer by succession the patent, and
sale of any product: Provided, That, in order to
to conclude licensing contracts for the same.
protect the data submitted by the original
(Sec. 37, R.A. No. 165a)
patent holder from unfair commercial use
72. Limitations of Patent Rights. - The provided in Article 39.3 of the Agreement on
owner of a patent has no right to prevent third Trade-Related Aspects of Intellectual Property
parties from performing, without his Rights (TRIPS Agreement), the Intellectual
authorization, the acts referred to in Section 71 Property Office, in consultation with the
hereof in the following circumstances: appropriate government agencies, shall issue
the appropriate rules and regulations necessary
72.1. Using a patented product which has been therein not later than one hundred twenty (120)
put on the market in the Philippines by the days after the enactment of this law;
owner of the product, or with his express
consent, insofar as such use is performed after 72.5. Where the act consists of the preparation
that product has been so put on the said for individual cases, in a pharmacy or by a
market: Provided, That with regard to drugs and medical professional, of a medicine in
medicines, the limitation on patent rights shall accordance with a medical prescription or acts
apply after a drug or medicine has been concerning the medicine so prepared; and
introduced in the Philippines or anywhere else
72.6. Where the invention is used in any ship,
in the world by the patent owner, or by any
vessel, aircraft, or land vehicle of any other
party authorized to use the invention: Provided,
country entering the territory of the Philippines
further, That the right to import the drugs and
temporarily or accidentally: Provided, That such
medicines contemplated in this section shall be
invention is used exclusively for the needs of the
available to any government agency or any
ship, vessel, aircraft, or land vehicle and not
private third party;
used for the manufacturing of anything to be
72.2. Where the act is done privately and on a sold within the Philippines. (Secs. 38 and 39,
non-commercial scale or for a non-commercial R.A. No. 165a)
purpose: Provided, That it does not significantly
73. Prior User. –
prejudice the economic interests of the owner
of the patent; 73.1. Notwithstanding Section 72 hereof, any
prior user, who, in good faith was using the
72.3. Where the act consists of making or using
invention or has undertaken serious
exclusively for experimental use of the invention
preparations to use the invention in his
for scientific purposes or educational purposes
enterprise or business, before the filing date or
and such other activities directly related to such
priority date of the application on which a
scientific or educational experimental use;
patent is granted, shall have the right to
72.4. In the case of drugs and medicines, where continue the use thereof as envisaged in such
the act includes testing, using, making or selling preparations within the territory where the
the invention including any data related thereto, patent produces its effect.
73.2. The right of the prior user may only be provided under Section 74.1 (c), the right holder
transferred or assigned together with his shall be notified as soon as reasonably
enterprise or business, or with that part of his practicable;
enterprise or business in which the use or
b. In the case of public non-commercial
preparations for use have been made. (Sec. 40,
use of the patent by the patentee, without
R.A. No. 165a)
satisfactory reason, as provided under Section
74. Use of Invention by Government. – 74.1 (d), the right holder shall be informed
promptly: Provided, That, the Government or
74.1. A Government agency or third person
third person authorized by the Government,
authorized by the Government may exploit the
without making a patent search, knows or has
invention even without agreement of the patent
demonstrable ground to know that a valid
owner where:
patent is or will be used by or for the
a. The public interest, in particular, Government;
national security, nutrition, health or the
c. If the demand for the patented article in
development of other sectors, as determined by
the Philippines is not being met to an adequate
the appropriate agency of the government, so
extent and on reasonable terms as provided
requires; or
under Section 74.1 (e), the right holder shall be
b. A judicial or administrative body has informed promptly;
determined that the manner of exploitation, by
d. The scope and duration of such use
the owner of the patent or his licensee, is anti-
shall be limited to the purpose for which it was
competitive; or
authorized
c. In the case of drugs and medicines,
e. Such use shall be non-exclusive;
there is a national emergency or other
circumstance of extreme urgency requiring the f. The right holder shall be paid adequate
use of the invention; or remuneration in the circumstances of each case,
taking into account the economic value of the
d. In the case of drugs and medicines,
authorization; and
there is a public non-commercial use of the
patent by the patentee, without satisfactory g. The existence of a national emergency
reason; or or other circumstances of extreme urgency,
referred to under Section 74.1 (c), shall be
e. In the case of drugs and medicines, the
subject to the determination of the President of
demand for the patented article in the
the Philippines for the purpose of determining
Philippines is not being met to an adequate
the need for such use or other exploitation,
extent and on reasonable terms, as determined
which shall be immediately executory.
by the Secretary of the Department of Health.
74.3. All cases arising from the implementation
74.2. Unless otherwise provided herein, the use
of this provision shall be cognizable by courts
by the Government, or third person authorized
with appropriate jurisdiction provided by law.
by the Government shall be subject, where
applicable, to the following provisions: No court, except the Supreme Court of the
Philippines, shall issue any temporary
a. In situations of national emergency or
restraining order or preliminary injunction or
other circumstances of extreme urgency as
such other provisional remedies that will may bring a civil action before a court of
prevent its immediate execution. competent jurisdiction, to recover from the
infringer such damages sustained thereby, plus
74.4. The Intellectual Property Office (IPO), in
attorney’s fees and other expenses of litigation,
consultation with the appropriate government
and to secure an injunction for the protection of
agencies, shall issue the appropriate
his rights.
implementing rules and regulations for the use
or exploitation of patented inventions as 76.3. If the damages are inadequate or cannot
contemplated in this section within one be readily ascertained with reasonable
hundred twenty (120) days after the effectivity certainty, the court may award by way of
of this law. damages a sum equivalent to reasonable
royalty.
75. Extent of Protection and Interpretation
of Claims. – 76.4. The court may, according to the
circumstances of the case, award damages in a
75.1. The extent of protection conferred
sum above the amount found as actual
by the patent shall be determined by the claims,
damages sustained: Provided, That the award
which are to be interpreted in the light of the
does not exceed three (3) times the amount of
description and drawings.
such actual damages.
75.2. For the purpose of determining the extent
76.5. The court may, in its discretion, order that
of protection conferred by the patent, due
the infringing goods, materials and implements
account shall be taken of elements which are
predominantly used in the infringement be
equivalent to the elements expressed in the
disposed of outside the channels of commerce
claims, so that a claim shall be considered to
or destroyed, without compensation; and
cover not only all the elements as expressed
therein, but also equivalents. (n) 76.6. Anyone who actively induces the
infringement of a patent or provides the
76. Civil Action for Infringement. –
infringer with a component of a patented
76.1. The making, using, offering for sale, product or of a product produced because of a
selling, or importing a patented product or a patented process knowing it to be especially
product obtained directly or indirectly from a adopted for infringing the patented invention
patented process, or the use of a patented and not suitable for substantial non-infringing
process without the authorization of the use shall be liable as a contributory infringer
patentee constitutes patent infringement. and shall be jointly and severally liable with the
Provided, That, this shall not apply to instances infringer. (Sec. 42, R.A. No. 165a)
covered by Sections 72.1 and 72.4 (Limitations
77. Infringement Action by a Foreign
of Patent Rights); Section 74 (Use of Invention
National. - Any foreign national or juridical
by Government); Section 93.6 (Compulsory
entity who meets the requirements of Section 3
Licensing); and Section 93-A (Procedures on
and not engaged in business in the Philippines,
Issuance of a Special Compulsory License under
to which a patent has been granted or assigned
the TRIPS Agreement) of this Code.
under this Act, may bring an action for
76.2. Any patentee, or anyone possessing any infringement of patent, whether or not it is
right, title or interest in and to the patented licensed to do business in the Philippines under
invention, whose rights have been infringed, existing law. (Sec. 41-A, R.A. No. 165a)
78. Process Patents; Burden of Proof. - If cancel the same, and the Director of Legal
the subject matter of a patent is a process for Affairs upon receipt of the final judgment of
obtaining a product, any identical product shall cancellation by the court, shall record that fact
be presumed to have been obtained through in the register of the Office and shall publish a
the use of the patented process if the product is notice to that effect in the IPO Gazette. (Sec. 46,
new or there is substantial likelihood that the R.A. No. 165a)
identical product was made by the process and
83. Assessor in Infringement Action. –
the owner of the patent has been unable
despite reasonable efforts, to determine the 83.1. Two (2) or more assessors may be
process actually used. In ordering the defendant appointed by the court. The assessors shall be
to prove that the process to obtain the identical possessed of the necessary scientific and
product is different from the patented process, technical knowledge required by the subject
the court shall adopt measures to protect, as far matter in litigation. Either party may challenge
as practicable, his manufacturing and business the fitness of any assessor proposed for
secrets. (n) appointment.
79. Limitation of Action for Damages. - No 83.2. Each assessor shall receive a
damages can be recovered for acts of compensation in an amount to be fixed by the
infringement committed more than four (4) court and advanced by the complaining party,
years before the institution of the action for which shall be awarded as part of his costs
infringement. (Sec. 43, R.A. No. 165) should he prevail in the action. (Sec. 47, R.A.
No. 165a)
80. Damages; Requirement of Notice. -
Damages cannot be recovered for acts of 84. Criminal Action for Repetition of
infringement committed before the infringer Infringement. - If infringement is repeated by
had known, or had reasonable grounds to know the infringer or by anyone in connivance with
of the patent. It is presumed that the infringer him after finality of the judgment of the court
had known of the patent if on the patented against the infringer, the offenders shall,
product, or on the container or package in without prejudice to the institution of a civil
which the article is supplied to the public, or on action for damages, be criminally liable therefor
the advertising material relating to the patented and, upon conviction, shall suffer imprisonment
product or process, are placed the words for the period of not less than six (6) months
"Philippine Patent" with the number of the but not more than three (3) years and/or a fine
patent. (Sec. 44, R.A. No. 165a of not less than One hundred thousand pesos
(PhP 100,000) but not more than Three
81. Defenses in Action for Infringement. - In
hundred thousand pesos (Php 300,000), at the
an action for infringement, the defendant, in
discretion of the court. The criminal action
addition to other defenses available to him, may
herein provided shall prescribed in three (3)
show the invalidity of the patent, or any claim
years from date of the commission of the crime.
thereof, on any of the grounds on which a
(Sec. 48, R.A. No. 165a)
petition of cancellation can be brought under
Section 61 hereof. (Sec. 45, R.A. No. 165) Chapter IX.
VOLUNTARY LICENSING
82. Patent Found Invalid May be Cancelled.
- In an action for infringement, if the court shall 85. Voluntary License Contract. - To
find the patent or any claim to be invalid, it shall encourage the transfer and dissemination of
technology, prevent or control practices and improvements that may be obtained through
conditions that may in particular cases the use of the licensed technology;
constitute an abuse of intellectual property
87.7. Those that require payment of royalties to
rights having an adverse effect on competition
the owners of patents for patents which are not
and trade, all technology transfer arrangements
used;
shall comply with the provisions of this Chapter.
(n) 87.8. Those that prohibit the licensee to export
the licensed product unless justified for the
86. Jurisdiction to Settle Disputes on
protection of the legitimate interest of the
Royalties. - The Director of the Documentation,
licensor such as exports to countries where
Information and Technology Transfer Bureau
exclusive licenses to manufacture and/or
shall exercise quasi-judicial jurisdiction in the
distribute the licensed product(s) have already
settlement of disputes between parties to a
been granted;
technology transfer arrangement arising from
technology transfer payments, including the 87.9. Those which restrict the use of the
fixing of appropriate amount or rate of royalty. technology supplied after the expiration of the
(n) technology transfer arrangement, except in
cases of early termination of the technology
87. Prohibited Clauses. - Except in cases
transfer arrangement due to reason(s)
under Section 91, the following provisions shall
attributable to the licensee;
be deemed prima facie to have an adverse
effect on competition and trade: 87.10. Those which require payments for
patents and other industrial property rights
87.1. Those which impose upon the licensee the
after their expiration, termination
obligation to acquire from a specific source
arrangement;
capital goods, intermediate products, raw
materials, and other technologies, or of 87.11. Those which require that the technology
permanently employing personnel indicated by recipient shall not contest the validity of any of
the licensor; the patents of the technology supplier;
87.2. Those pursuant to which the licensor 87.12. Those which restrict the research and
reserves the right to fix the sale or resale prices development activities of the licensee designed
of the products manufactured on the basis of to absorb and adapt the transferred technology
the license; to local conditions or to initiate research and
development programs in connection with new
87.3. Those that contain restrictions regarding
products, processes or equipment;
the volume and structure of production;
87.13. Those which prevent the licensee from
87.4. Those that prohibit the use of competitive
adapting the imported technology to local
technologies in a non-exclusive technology
conditions, or introducing innovation to it, as
transfer agreement;
long as it does not impair the quality standards
87.5. Those that establish a full or partial prescribed by the licensor;
purchase option in favor of the licensor;
87.14. Those which exempt the licensor for
87.6. Those that obligate the licensee to liability for non-fulfillment of his responsibilities
transfer for free to the licensor the inventions or under the technology transfer arrangement
and/or liability arising from third party suits
brought about by the use of the licensed whole term of the technology transfer
product or the licensed technology; and arrangement. (Sec. 33-C (1), R.A. 165a)

87.15. Other clauses with equivalent effects. 91. Exceptional Cases. - In exceptional or
(Sec. 33-C(2), RA 165a) meritorious cases where substantial benefits
will accrue to the economy, such as high
88. Mandatory Provisions. - The following
technology content, increase in foreign
provisions shall be included in voluntary license
exchange earnings, employment generation,
contracts:
regional dispersal of industries and/or
88.1. That the laws of the Philippines shall substitution with or use of local raw materials,
govern the interpretation of the same and in or in the case of Board of Investments,
the event of litigation, the venue shall be the registered companies with pioneer status,
proper court in the place where the licensee has exemption from any of the above requirements
its principal office; may be allowed by the Documentation,
Information and Technology Transfer Bureau
88.2. Continued access to improvements in after evaluation thereof on a case by case basis.
techniques and processes related to the (n)
technology shall be made available during the
period of the technology transfer arrangement; 92. Non-Registration with the
Documentation, Information and Technology
88.3. In the event the technology transfer Transfer Bureau. - Technology transfer
arrangement shall provide for arbitration, the arrangements that conform with the provisions
Procedure of Arbitration of the Arbitration Law of Sections 86 and 87 need not be registered
of the Philippines or the Arbitration Rules of the with the Documentation, Information and
United Nations Commission on International Technology Transfer Bureau. Non-conformance
Trade Law (UNCITRAL) or the Rules of with any of the provisions of Sections 87 and 88,
Conciliation and Arbitration of the International however, shall automatically render the
Chamber of Commerce (ICC) shall apply and the technology transfer arrangement
venue of arbitration shall be the Philippines or unenforceable, unless said technology transfer
any neutral country; and arrangement is approved and registered with
88.4. The Philippine taxes on all payments the Documentation, Information and
relating to the technology transfer arrangement Technology Transfer Bureau under the
shall be borne by the licensor. (n) provisions of Section 91 on exceptional cases.
(n)
89. Rights of Licensor. - In the absence of
any provision to the contrary in the technology
transfer arrangement, the grant of a license Chapter X.
shall not prevent the licensor from granting COMPULSORY LICENSING
further licenses to third person nor from
exploiting the subject matter of the technology 93. Grounds for Compulsory Licensing.
transfer arrangement himself. (Sec. 33-B, R.A. - The Director General of the Intellectual
165a) Property Office may grant a license to exploit a
patented invention, even without the
90. Rights of Licensee. - The licensee shall agreement of the patent owner, in favor of any
be entitled to exploit the subject matter of the person who has shown his capability to exploit
technology transfer arrangement during the
the invention, under any of the following alternative procedure to ensure access to
circumstances: quality affordable medicines and shall be
primarily for domestic consumption: Provided,
93.1. National emergency or other
That adequate remuneration shall be paid to
circumstances of extreme urgency;
the patent owner either by the exporting or
93.2. Where the public interest, in particular, importing country. The compulsory license shall
national security, nutrition, health or the also contain a provision directing the grantee
development of other vital sectors of the the license to exercise reasonable measures to
national economy as determined by the prevent the re-exportation of the products
appropriate agency of the Government, so imported under this provision.
requires; or
The grant of a special compulsory license under
93.3. Where a judicial or administrative body this provision shall be an exception to Sections
has determined that the manner of exploitation 100.4 and 100.6 of Republic Act No. 8293 and
by the owner of the patent or his licensee is shall be immediately executory.
anti-competitive; or
No court, except the Supreme Court of the
93.4. In case of public non-commercial use of Philippines, shall issue any temporary
the patent by the patentee, without satisfactory restraining order or preliminary injunction or
reason; such other provisional remedies that will
prevent the grant of the special compulsory
93.5. If the patented invention is not being license.
worked in the Philippines on a commercial
scale, although capable of being worked, 93-A.2. A compulsory license shall also be
without satisfactory reason: Provided, That the available for the manufacture and export of
importation of the patented article shall drugs and medicines to any country having
constitute working or using the patent. (Secs. insufficient or no manufacturing capacity in the
34, 34-A, 34-B, R.A. No. 165a) and pharmaceutical sector to address public health
problems: Provided, That, a compulsory license
93.6. Where the demand for patented drugs has been granted by such country or such
and medicines is not being met to an adequate country has, by notification or otherwise,
extent and on reasonable terms, as determined allowed importation into its jurisdiction of the
by the Secretary of the Department of Health. patented drugs and medicines from the
Sec. 93-A. Procedures on Issuance of a Special Philippines in compliance with the TRIPS
Compulsory License under the TRIPS Agreement. Agreement.
– 93-A.3. The right to grant a special compulsory
93-A.1. The Director General of the Intellectual license under this section shall not limit or
Property Office, upon the written prejudice the rights, obligations and flexibilities
recommendation of the Secretary of the provided under the TRIPS Agreement and under
Department of Health, shall, upon filing of a Philippine laws, particularly Section 72.1 and
petition, grant a special compulsory license for Section 74 of the Intellectual Property Code, as
the importation of patented drugs and amended under this Act. It is also without
medicines. The special compulsory license for prejudice to the extent to which drugs and
the importation contemplated under this medicines produced under a compulsory license
provision shall be an additional special
can be exported as allowed in the TRIPS 95.3. In situations of national emergency or
Agreement and applicable laws. other circumstances of extreme urgency, the
right holder shall be notified as soon as
94. Period for Filing a Petition for a
reasonably practicable.
Compulsory License. –
95.4. In the case of public non-commercial use,
94.1. A compulsory license may not be applied
where the government or contractor, without
for on the ground stated in Subsection 93.5
making a patent search, knows or has
before the expiration of a period of four (4)
demonstrable grounds to know that a valid
years from the date of filing of the application
patent is or will be used by or for the
or three (3) years from the date of the patent
government, the right holder shall be informed
whichever period expires last.
promptly. (n)
94.2. A compulsory license which is applied for
95.5. Where the demand for the patented drugs
on any of the grounds stated in Subsections
and medicines in the Philippines is not being
93.2, 93.3, 93.4 and 93.6 and Section 97 may be
met to an adequate extent and on reasonable
applied for at any time after the grant of the
terms, as determined by the Secretary of the
patent. (Sec. 34(1), R.A. No. 165)
Department of Health, the right holder shall be
95. Requirement to Obtain a License on informed promptly.
Reasonable Commercial Terms. –
96. Compulsory Licensing of Patents
95.1. The license will only be granted after the Involving Semi-Conductor Technology. - In the
petitioner has made efforts to obtain case of compulsory licensing of patents
authorization from the patent owner on involving semi-conductor technology, the
reasonable commercial terms and conditions license may only be granted in case of public
but such efforts have not been successful within non-commercial use or to remedy a practice
a reasonable period of time. determined after judicial or administrative
process to be anti-competitive. (n)
95.2. The requirement under Subsection 95.1
shall not apply in any of the following cases: 97. Compulsory License Based on
Interdependence of Patents.- If the invention
a. Where the petition for compulsory protected by a patent, hereafter referred to as
license seeks to remedy a practice determined the "second patent," within the country cannot
after judicial or administrative process to be be worked without infringing another patent,
anti-competitive; hereafter referred to as the "first patent,"
b. In situations of national emergency or granted on a prior application or benefiting
other circumstances of extreme urgency; from an earlier priority, a compulsory license
may be granted to the owner of the second
c. In cases of public non-commercial use; patent to the extent necessary for the working
and of his invention, subject to the following
d. In cases where the demand for the conditions:
patented drugs and medicines in the Philippines 97.1. The invention claimed in the second
is not being met to an adequate extent and on patent involves an important technical advance
reasonable terms, as determined by the of considerable economic significance in
Secretary of the Department of Health. relation to the first patent;
97.2. The owner of the first patent shall be consecutive weeks and once in the IPO Gazette
entitled to a cross-license on reasonable terms at applicant’s expense. (Sec. 34-E, R.A. No. 165)
to use the invention claimed in the second
100. Terms and Conditions of Compulsory
patent;
License. - The basic terms and conditions
97.3. The use authorized in respect of the first including the rate of royalties of a compulsory
patent shall be non-assignable except with the license shall be fixed by the Director of Legal
assignment of the second patent; and Affairs subject to the following conditions:

97.4. The terms and conditions of Sections 95, 100.1. The scope and duration of such license
96 and 98 to 100 of this Act. (Sec. 34-C, R.A. No. shall be limited to the purpose for which it was
165a) authorized;

98. Form and Contents of Petition. - The 100.2. The license shall be non-exclusive;
petition for compulsory licensing must be in
100.3. The license shall be non-assignable,
writing, verified by the petitioner and
except with that part of the enterprise or
accompanied by payment of the required filing
business with which the invention is being
fee. It shall contain the name and address of the
exploited;
petitioner as well as those of the respondents,
the number and date of issue of the patent in 100.4. Use of the subject matter of the license
connection with which compulsory license is shall be devoted predominantly for the supply
sought, the name of the patentee, the title of of the Philippine market: Provided, That this
the invention, the statutory grounds upon which limitation shall not apply where the grant of the
compulsory license is sought, the ultimate facts license is based on the ground that the
constituting the petitioner's cause of action, and patentee’s manner of exploiting the patent is
the relief prayed for. (Sec. 34-D, R.A. No. 165) determined by judicial or administrative
process, to be anti-competitive.
99. Notice of Hearing. –
100.5. The license may be terminated upon
99.1. Upon filing of a petition, the Director of
proper showing that circumstances which led to
Legal Affairs shall forthwith serve notice of the
its grant have ceased to exist and are unlikely to
filing thereof upon the patent owner and all
recur: Provided, That adequate protection shall
persons having grants or licenses, or any other
be afforded to the legitimate interest of the
right, title or interest in and to the patent and
licensee; and
invention covered thereby as appears of record
in the Office, and of notice of the date of 100.6. The patentee shall be paid adequate
hearing thereon, on such persons and remuneration taking into account the economic
petitioner. The resident agent or representative value of the grant or authorization, except that
appointed in accordance with Section 33 hereof, in cases where the license was granted to
shall be bound to accept service of notice of the remedy a practice which was determined after
filing of the petition within the meaning of this judicial or administrative process, to be anti-
Section. competitive, the need to correct the anti-
competitive practice may be taken into account
99.2. In every case, the notice shall be
in fixing the amount of remuneration. (Sec. 35-
published by the said Office in a newspaper of
B, R.A. No. 165a)
general circulation, once a week for three (3)
101. Amendment, Cancellation, Surrender of Chapter XI.
Compulsory License. – ASSIGNMENT AND TRANSMISSION OF RIGHTS

101.1. Upon the request of the patentee or the 103. Transmission of Rights. –
licensee, the Director of Legal Affairs may
103.1. Patents or applications for patents and
amend the decision granting the compulsory
invention to which they relate, shall be
license, upon proper showing of new facts or
protected in the same way as the rights of other
circumstances justifying such amendment.
property under the Civil Code.
101.2. Upon the request of the patentee, the
103.2. Inventions and any right, title or interest
said Director may cancel the compulsory
in and to patents and inventions covered
license:
thereby, may be assigned or transmitted by
a. If the ground for the grant of the inheritance or bequest or may be the subject of
compulsory license no longer exists and is a license contract. (Sec. 50, R.A. No. 165a)
unlikely to recur;
104. Assignment of Inventions. - An
b. if the licensee has neither begun to assignment may be of the entire right, title or
supply the domestic market nor made serious interest in and to the patent and the invention
preparation therefor; covered thereby, or of an undivided share of the
entire patent and invention, in which event the
c. if the licensee has not complied with
parties become joint owners thereof. An
the prescribed terms of the license;
assignment may be limited to a specified
101.3. The licensee may surrender the license territory. (Sec. 51, R.A. No. 165)
by a written declaration submitted to the Office.
105. Form of Assignment. - The assignment
101.4. The said Director shall cause the must be in writing, acknowledged before a
amendment, surrender, or cancellation in the notary public or other officer authorized to
Register, notify the patentee, and/or the administer oath or perform notarial acts, and
licensee, and cause notice thereof to be certified under the hand and official seal of the
published in the IPO Gazette. (Sec. 35-D, R.A. notary or such other officer. (Sec. 52, R.A. No.
No. 165a) 165)

102. Licensee’s Exemption from Liability. - 106. Recording. –

Any person who works a patented product,
106.1. The Office shall record assignments,
substance and/or process under a license
licenses and other instruments relating to the
granted under this Chapter, shall be free from
transmission of any right, title or interest in and
any liability for infringement: Provided however,
to inventions, and patents or application for
That in the case of voluntary licensing, no
patents or inventions to which they relate,
collusion with the licensor is proven. This is
which are presented in due form to the Office
without prejudice to the right of the rightful
for registration, in books and records kept for
owner of the patent to recover from the
the purpose. The original documents together
licensor whatever he may have received as
with a signed duplicate thereof shall be filed,
royalties under the license. (Sec. 35-E, R.A. No.
and the contents thereof should be kept
165a)
confidential. If the original is not available, an
authenticated copy thereof in duplicate may be
filed. Upon recording, the Office shall retain the replaced by the words "patent or utility model
duplicate, return the original or the registration." (Sec. 55, R.A. No. 165a)
authenticated copy to the party who filed the
109. Special Provisions Relating to Utility
same and notice of the recording shall be
Models. –
published in the IPO Gazette.
109.1
106.2. Such instruments shall be void as against
any subsequent purchaser or mortgagee for a. An invention qualifies for registration as
valuable consideration and without notice, a utility model if it is new and industrially
unless, it is so recorded in the Office, within applicable.
three (3) months from the date of said
instrument, or prior to the subsequent purchase b. Section 21, "Patentable Inventions",
or mortgage. (Sec. 53, R.A. No. 165a) shall apply except the reference to inventive
step as a condition of protection.
107. Rights of Joint Owners. - If two (2) or
more persons jointly own a patent and the 109.2. Sections 43 to 49 shall not apply in the
invention covered thereby, either by the case of applications for registration of a utility
issuance of the patent in their joint favor or by model.
reason of the assignment of an undivided share 109.3. A utility model registration shall expire,
in the patent and invention or by reason of the without any possibility of renewal, at the end of
succession in title to such share, each of the the seventh year after the date of the filing of
joint owners shall be entitled to personally the application.
make, use, sell, or import the invention for his
own profit: Provided, however, That neither of 109.4. In proceedings under Sections 61 to 64,
the joint owners shall be entitled to grant the utility model registration shall be cancelled
licenses or to assign his right, title or interest or on the following grounds:
part thereof without the consent of the other a. That the claimed invention does not
owner or owners, or without proportionally qualify for registration as a utility model and
dividing the proceeds with such other owner or does not meet the requirements of
owners. (Sec. 54, R.A. No. 165) registrability, in particular having regard to
Subsection 109.1 and Sections 22, 23, 24 and
27;
Chapter XII.
REGISTRATION OF UTILITY MODELS b. That the description and the claims do
not comply with the prescribed requirements;
108. Applicability of Provisions Relating to
Patents. – c. That any drawing which is necessary for
the understanding of the invention has not been
108.1. Subject to Section 109, the provisions furnished;
governing patents shall apply, mutatis mutandis,
to the registration of utility models. d. That the owner of the utility model
registration is not the inventor or his successor
108.2. Where the right to a patent conflicts with in title. (Secs. 55, 56, and 57, R.A. No. 165a)
the right to a utility model registration in the
case referred to in Section 29, the said provision 110. Conversion of Patent Applications or
shall apply as if the word "patent" were Applications for Utility Model Registration. -
110.1. At any time before the grant or refusal of 3. Layout-Design is synonymous with
a patent, an applicant for a patent may, upon 'Topography' and means the three-dimensional
payment of the prescribed fee, convert his disposition, however expressed, of the
application into an application for registration of elements, at least one of which is an active
a utility model, which shall be accorded the element, and of some or all of the
filing date of the initial application. An interconnections of an integrated circuit, or
application may be converted only once. such a three-dimensional disposition prepared
for an integrated circuit intended for
110.2. At any time before the grant or refusal of
manufacture.
a utility model registration, an applicant for a
utility model registration may, upon payment of 113. Substantive Conditions for Protection. –
the prescribed fee, convert his application into a
113.1. Only industrial designs that are new or
patent application, which shall be accorded the
ornamental shall benefit from protection under
filing date of the initial application. (Sec. 58, R.A.
this Act.
No. 165a)
113.2. Industrial designs dictated essentially by
111. Prohibition against Filing of Parallel
technical or functional considerations to obtain
Applications. - An applicant may not file two (2)
a technical result or those that are contrary to
applications for the same subject, one for utility
public order, health or morals shall not be
model registration and the other for the grant
protected. (n)
of a patent whether simultaneously or
consecutively. (Sec. 59, R.A. No. 165a) 113.3. Only layout-designs of integrated circuits
that are original shall benefit from protection
under this Act. A layout-design shall be
Chapter XIII. considered original if it is the result of its
INDUSTRIAL DESIGN AND LAYOUT-DESIGNS creator's own intellectual effort and is not
(TOPOGRAPHIES) commonplace among creators of layout-designs
OF INTEGRATED CIRCUITS and manufacturers of integrated circuits at the
time of its creation.
112. Definition of Terms. –
113.4. A layout-design consisting of a
1. An Industrial Design is any composition of
combination of elements and interconnections
lines or colors or any three-dimensional form,
that are commonplace shall be protected only if
whether or not associated with lines or colors:
the combination, taken as a whole, is original.
Provided, That such composition or form gives a
special appearance to and can serve as pattern 114. Contents of the Application. –
for an industrial product or handicraft. (Sec. 55,
114.1. Every application for registration of an
R.A. No. 165a)
industrial design or layout-design shall contain:
2. Integrated Circuit means a product, in its final
a. A request for registration of the
form, or an intermediate form, in which the
industrial design or layout-design;
elements, at least one of which is an active
element and some or all of the interconnections b. Information identifying the applicant;
are integrally formed in and/or on a piece of
material, and which is intended to perform an c. An indication of the kind of article of
electronic function; and manufacture or handicraft to which the
industrial design or layout-design shall be prescribed period, the application shall be
applied; considered withdrawn.

d. A representation of the article of 116.3. After the application has been accorded
manufacture or handicraft by way of drawings, a filing date and the required fees paid on time,
photographs or other adequate graphic the applicant shall comply with the
representation of the industrial design or of the requirements of Sec. 114 within the prescribed
layout-design as applied to the article of period, otherwise the application shall be
manufacture or handicraft which clearly and considered withdrawn.
fully discloses those features for which
116.4. The Office shall examine whether the
protection is claimed; and
industrial design or layout-design complies with
e. The name and address of the creator, or requirements of Sec. 112 (Definitions) and Sec.
where the applicant is not the creator, a 113 (Substantive Conditions for Protection).
statement indicating the origin of the right to
117. Registration. –
the industrial design or layout-design
registration. 117.1. Where the Office finds that the
conditions referred to in Sec. 113 are fulfilled, it
114.2. The application may be accompanied by
shall order that registration be effected in the
a specimen of the article embodying the
industrial design or layout-design register and
industrial design or layout-design and shall be
cause the issuance of an industrial design or
subject to the payment of the prescribed fee.
layout-design certificate of registration;
(n)
otherwise, it shall refuse the application.
115. Several Industrial Designs in One
117.2. The form and contents of an industrial
Application. - Two (2) or more industrial designs
design or layout-design certificate shall be
may be the subject of the same application:
established by the Regulations: Provided, That
Provided, That they relate to the same sub-class
the name and address of the creator shall be
of the International Classification or to the same
mentioned in every case.
set or composition of articles. (n)
117.3. Registration shall be published in the
116. Examination. –
form and within the period fixed by the
116.1. The Office shall accord as the filing date Regulations.
the date of receipt of the application containing
117.4. The Office shall record in the register any
indications allowing the identity of the applicant
change in the identity of the proprietor of the
to be established and a representation of the
industrial design or layout-design or his
article embodying the industrial design or the
representative, if proof thereof is furnished to
layout-design or a pictorial representation
it. A fee shall be paid, with the request to record
thereof.
the change in the identity of the proprietor. If
116.2. If the application does not meet these the fee is not paid, the request shall be deemed
requirements, the filing date should be that not to have been filed. In such case, the former
date when all the elements specified in Sec. 114 proprietor and the former representative shall
are filed or the mistakes corrected. Otherwise if remain subject to the rights and obligations as
the requirements are not complied within the provided in this Act.
117.5. Anyone may inspect the Register and the previously exploited commercially anywhere in
files of registered industrial designs or layout- the world.
designs including the files of cancellation
119. Application of Other Sections and
proceedings. (n)
Chapters. –
118. The Term of Industrial Design or Layout-
119.1. The following provisions relating to
Design Registration. -
patents shall apply mutatis mutandis to an
118.1. The registration of an industrial design industrial design registration:
shall be for a period of five (5) years from the
Section
filing date of the application. - Novelty
21
118.2. The registration of an industrial design
may be renewed for not more than two (2) Prior art; Provided, That the
Section
consecutive periods of five (5) years each, by - disclosure is contained in printed
24
paying the renewal fee. documents or in any tangible form;

118.3. The renewal fee shall be paid within Section

- Non-prejudicial Disclosure;
twelve (12) months preceding the expiration of 25
the period of registration. However, a grace
Section
period of six (6) months shall be granted for - Right to a Patent;
28
payment of the fees after such expiration, upon
payment of a surcharge. Section
- First to File Rule;
29
118.4. The Regulations shall fix the amount of
renewal fee, the surcharge and other Section Inventions Created Pursuant to a
requirements regarding the recording of -
30 Commission;
renewals of registration.
Right of Priority: Provided, That the
118.5. Registration of a layout-design shall be application for industrial design shall
valid for a period of ten (10) years, without Section
- be filed within six (6) months from
renewal, and such validity to be counted from 31
the earliest filing date of the
the date of commencement of the protection corresponding foreign application;
accorded to the layout-design. The protection of
a layout-design under this Act shall commence: Section Appointment of Agent or
-
33 Representative;
a. on the date of the first commercial
exploitation, anywhere in the world, of the Section
- Refusal of the Application;
layout-design by or with the consent of the right 51
holder: Provided, That an application for
registration is filed with the Intellectual Sections - Surrender, Correction of and
Property Office within two (2) years from such 56 to 60 Changes in Patent;
date of first commercial exploitation; or
Chapter - Remedies of a Person with a Right to
b. on the filing date accorded to the VII Patent;
application for the registration of the layout-
Chapter - Rights of Patentees and
design if the layout-design has not been
VIII Infringement of Patents; and
Chapter - Assignment and Transmission of design rights provided hereunder
XI Rights shall govern:

119.2. If the essential elements of an industrial Chapter - Compulsory Licensing;

design which is the subject of an application X
have been obtained from the creation of
another person without his consent, protection Chapter - Assignment and Transmission of
under this Chapter cannot be invoked against XI Rights
the injured party. (n) 119.4. Rights Conferred to the Owner of a
119.3. The following provisions relating to Layout-Design Registration. - The owner of a
patents shall apply mutatis mutandis to a layout layout-design registration shall enjoy the
-design of integrated circuits registration: following rights:

Section 1. to reproduce, whether by incorporation

- Right to a Patent; in an integrated circuit or otherwise, the
28
registered layout-design in its entirety
Section or any part thereof, except the act of
- First to File Rule;
29 reproducing any part that does not
comply with the requirement of
Section Inventions Created Pursuant to a
- originality; and
30 Commission;
2. to sell or otherwise distribute for
Section Appointment of Agent or commercial purposes the registered
-
33 Representative; layout-design, an article or an
Section integrated circuit in which the
- Surrender of Patent; registered layout-design is
56
incorporated.
Section - Correction of Mistakes of the Office;
119.5. Limitations of Layout Rights. - The owner
57
of a layout design has no right to prevent third
Section - Correction of Mistakes in the parties from reproducing, selling or otherwise
58 Application; distributing for commercial purposes the
registered layout-design in the following
Section - Changes in Patents; circumstances:
59
1. Reproduction of the registered layout-
Section - Form and Publication of design for private purposes or for the
60 Amendment; sole purpose of evaluation, analysis,
research or teaching;
Chapter - Remedies of a Person with a Right to
VII Patent; 2. Where the act is performed in respect
of a layout-design created on the basis
Chapter - Rights of Patentees and Infringement of such analysis or evaluation and which
VIII of Patents: Provided, That the layout- is itself original in the meaning as
design rights and limitation of layout- provided herein;
 3. Where the act is performed in respect c. If the subject matter of the industrial
of a registered lay-out-design, or in design extends beyond the content of the
respect of an integrated circuit in which application as originally filed.
such a layout-design is incorporated,
120.2. Where the grounds for cancellation
that has been put on the market by or
relate to a part of the industrial design,
with the consent of the right holder;
cancellation may be effected to such extent
4. In respect of an integrated circuit where only. The restriction may be effected in the form
the person performing or ordering such of an alteration of the effected features of the
an act did not know and had no design. (n)
reasonable ground to know when
120.3. Grounds for Cancellation of Layout-
acquiring the integrated circuit or the
Design of Integrated Circuits.- Any interested
article incorporating such an integrated
person may petition that the registration of a
circuit, that it incorporated an
layout-design be cancelled on the ground that:
unlawfully reproduced layout-design:
Provided, however, That after the time i.the layout-design is not protectable under this
that such person has received sufficient Act;
notice that the layout-design was
unlawfully reproduced, that person may ii.the right holder is not entitled to protection
perform any of the said acts only with under this Act; or
respect to the stock on hand or ordered iii.where the application for registration of the
before such time and shall be liable to layout-design, was not filed within two (2) years
pay to the right holder a sum equivalent from its first commercial exploitation anywhere
to at least 5% of net sales or such other in the world.
reasonable royalty as would be payable
under a freely negotiated license in Where the grounds for cancellation are
respect of such layout-design; or established with respect only to a part of the
layout-design, only the corresponding part of
5. Where the act is performed in respect the registration shall be cancelled.
of an identical layout-design which is
original and has been created Any cancelled layout-design registration or part
independently by a third party. thereof, shall be regarded as null and void from
the beginning and may be expunged from the
120. Cancellation of Design Registration. – records of the Intellectual Property Office.
120.1. At any time during the term of the Reference to all cancelled layout-design
industrial design registration, any person upon registration shall be published in the IPO
payment of the required fee, may petition the Gazette.
Director of Legal Affairs to cancel the industrial PART III.
design on any of the following grounds: THE LAW ON TRADEMARKS, SERVICE MARKS
a. If the subject matter of the industrial AND TRADE NAMES
design is not registrable within the terms of 121. Definitions. - As used in Part III, the
Sections 112 and 113; following terms have the following meanings:
b. If the subject matter is not new; or 121.1. "Mark" means any visible sign capable of
distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include political subdivisions, or of any foreign nation,
a stamped or marked container of goods; (Sec. or any simulation thereof;
38, R.A. No. 166a)
c. Consists of a name, portrait or signature
121.2. "Collective mark" means any visible sign identifying a particular living individual except
designated as such in the application for by his written consent, or the name, signature,
registration and capable of distinguishing the or portrait of a deceased President of the
origin or any other common characteristic, Philippines, during the life of his widow, if any,
including the quality of goods or services of except by written consent of the widow;
different enterprises which use the sign under
d. Is identical with a registered mark
the control of the registered owner of the
belonging to a different proprietor or a mark
collective mark; (Sec. 40, R.A. No. 166a)
with an earlier filing or priority date, in respect
121.3. "Trade name" means the name or of:
designation identifying or distinguishing an
i.The same goods or services, or
enterprise; (Sec. 38, R.A. No. 166a)
ii.Closely related goods or services, or
121.4. "Bureau" means the Bureau of
Trademarks; iii.If it nearly resembles such a mark as to be likely
to deceive or cause confusion;
121.5. "Director" means the Director of
Trademarks; e. Is identical with, or confusingly similar
to, or constitutes a translation of a mark
121.6. "Regulations" means the Rules of
which is considered by the competent
Practice in Trademarks and Service Marks
authority of the Philippines to be well-
formulated by the Director of Trademarks and
known internationally and in the
approved by the Director General; and
Philippines, whether or not it is
121.7. "Examiner" means the trademark registered here, as being already the
examiner. (Sec. 38, R.A. No. 166a) mark of a person other than the
applicant for registration, and used for
122. How Marks are Acquired. - The rights in
identical or similar goods or services:
a mark shall be acquired through registration
Provided, That in determining whether
made validly in accordance with the provisions
a mark is well-known, account shall be
of this law. (Sec. 2-A, R.A. No. 166a)
taken of the knowledge of the relevant
123. Registrability. – sector of the public, rather than of the
public at large, including knowledge in
123.1. A mark cannot be registered if it: the Philippines which has been
a. Consists of immoral, deceptive or obtained as a result of the promotion of
scandalous matter, or matter which may the mark;
disparage or falsely suggest a connection with e. Is identical with, or confusingly similar
persons, living or dead, institutions, beliefs, or to, or constitutes a translation of a mark
national symbols, or bring them into contempt considered well-known in accordance
or disrepute; with the preceding paragraph, which is
b. Consists of the flag or coat of arms or registered in the Philippines with
other insignia of the Philippines or any of its respect to goods or services which are
 not similar to those with respect to has become distinctive in relation to the goods
which registration is applied for: for which registration is requested as a result of
Provided, That use of the mark in the use that have been made of it in commerce
relation to those goods or services in the Philippines. The Office may accept as
would indicate a connection between prima facie evidence that the mark has become
those goods or services, and the owner distinctive, as used in connection with the
of the registered mark: Provided applicant’s goods or services in commerce,
further, That the interests of the owner proof of substantially exclusive and continuous
of the registered mark are likely to be use thereof by the applicant in commerce in the
damaged by such use; Philippines for five (5) years before the date on
which the claim of distinctiveness is made.
e. Is likely to mislead the public,
particularly as to the nature, quality, 123.3. The nature of the goods to which the
characteristics or geographical origin of mark is applied will not constitute an obstacle to
the goods or services; registration. (Sec. 4, R.A. No. 166a)

e. Consists exclusively of signs that are 124. Requirements of Application. -

generic for the goods or services that
124.1. The application for the
they seek to identify;
registration of the mark shall be in Filipino or in
e. Consists exclusively of signs or of English and shall contain the following:
indications that have become
a. A request for registration;
customary or usual to designate the
goods or services in everyday language b. The name and address of the applicant;
or in bona fide and established trade
practice; c. The name of a State of which the
applicant is a national or where he has domicile;
e. Consists exclusively of signs or of and the name of a State in which the applicant
indications that may serve in trade to has a real and effective industrial or commercial
designate the kind, quality, quantity, establishment, if any;
intended purpose, value, geographical
origin, time or production of the goods d. Where the applicant is a juridical entity,
or rendering of the services, or other the law under which it is organized and
characteristics of the goods or services; existing;

e. Consists of shapes that may be e. The appointment of an agent or

necessitated by technical factors or by representative, if the applicant is not domiciled
the nature of the goods themselves or in the Philippines;
factors that affect their intrinsic value; f. Where the applicant claims the priority
e. Consists of color alone, unless defined of an earlier application, an indication of:
by a given form; or i.The name of the State with whose national
e. Is contrary to public order or morality. office the earlier application was filed or if filed
with an office other than a national office, the
123.2. As regards signs or devices mentioned in name of that office,
paragraphs (j), (k), and (l), nothing shall prevent
the registration of any such sign or device which
ii.The date on which the earlier application was 124.4. If during the examination of the
filed, and application, the Office finds factual basis to
reasonably doubt the veracity of any indication
iii.Where available, the application number of the
or element in the application, it may require the
earlier application;
applicant to submit sufficient evidence to
g. Where the applicant claims color as a remove the doubt. (Sec. 5, R.A. No. 166a)
distinctive feature of the mark, a
125. Representation; Address for Service. - If
statement to that effect as well as the
the applicant is not domiciled or has no real and
name or names of the color or colors
effective commercial establishment in the
claimed and an indication, in respect of
Philippines, he shall designate by a written
each color, of the principal parts of the
document filed in the office, the name and
mark which are in that color;
address of a Philippine resident who may be
g. Where the mark is a three-dimensional served notices or process in proceedings
mark, a statement to that effect; affecting the mark. Such notices or services may
be served upon the person so designated by
g. One or more reproductions of the mark, leaving a copy thereof at the address specified
as prescribed in the Regulations; in the last designation filed. If the person so
g. A transliteration or translation of the designated cannot be found at the address
mark or of some parts of the mark, as given in the last designation, such notice or
prescribed in the Regulations; process may be served upon the Director. (Sec.
3, R.A. No. 166a)
g. The names of the goods or services for
which the registration is sought, 126. Disclaimers. - The Office may allow or
grouped according to the classes of the require the applicant to disclaim an
Nice Classification, together with the unregistrable component of an otherwise
number of the class of the said registrable mark but such disclaimer shall not
Classification to which each group of prejudice or affect the applicant’s or owner’s
goods or services belongs; and rights then existing or thereafter arising in the
disclaimed matter, nor such shall disclaimer
g. A signature by, or other self- prejudice or affect the applicant’s or owner’s
identification of, the applicant or his right on another application of later date if the
representative. disclaimed matter became distinctive of the
124.2. The applicant or the registrant shall file a applicant’s or owner’s goods, business or
declaration of actual use of the mark with services. (Sec. 13, R.A. No. 166a)
evidence to that effect, as prescribed by the 127. Filing Date. –
Regulations within three (3) years from the filing
date of the application. Otherwise, the 127.1. Requirements. – The filing date of an
application shall be refused or the mark shall be application shall be the date on which the Office
removed from the Register by the Director. received the following indications and elements
in English or Filipino:
124.3. One (1) application may relate to several
goods and/or services, whether they belong to a. An express or implicit indication that
one (1) class or to several classes of the Nice the registration of a mark is sought;
Classification. b. The identity of the applicant;
c. Indications sufficient to contact the will be prescribed by the Regulations. When
applicant or his representative, if any; communications are made by telefacsimile, the
reproduction of the signature, or the
d. A reproduction of the mark whose
reproduction of the seal together with, where
registration is sought; and
required, the indication in letters of the name of
e. The list of the goods or services for the natural person whose seal is used, appears.
which the registration is sought. The original communications must be received
by the Office within thirty (30) days from date of
127.2. No filing date shall be accorded until the receipt of the telefacsimile.
required fee is paid. (n)
130.3. No attestation, notarization,
128. Single Registration for Goods and/or authentication, legalization or other certification
Services. - Where goods and/or services of any signature or other means of self-
belonging to several classes of the Nice identification referred to in the preceding
Classification have been included in one (1) paragraphs, will be required, except, where the
application, such an application shall result in signature concerns the surrender of a
one registration. (n) registration. (n)
129. Division of Application. - Any application 131. Priority Right. –
referring to several goods or services, hereafter
referred to as the "initial application," may be 131.1. An application for registration of a mark
divided by the applicant into two (2) or more filed in the Philippines by a person referred to in
applications, hereafter referred to as the Section 3, and who previously duly filed an
"divisional applications," by distributing among application for registration of the same mark in
the latter the goods or services referred to in one of those countries, shall be considered as
the initial application. The divisional filed as of the day the application was first filed
applications shall preserve the filing date of the in the foreign country.
initial application or the benefit of the right of
131.2. No registration of a mark in the
priority. (n)
Philippines by a person described in this section
130. Signature and Other Means of Self- shall be granted until such mark has been
Identification. – registered in the country of origin of the
applicant.
130.1. Where a signature is required, the Office
shall accept: 131.3. Nothing in this section shall entitle the
owner of a registration granted under this
a. A hand-written signature; or section to sue for acts committed prior to the
b. The use of other forms of signature, date on which his mark was registered in this
such as a printed or stamped signature, or the country: Provided, That, notwithstanding the
use of a seal, instead of a hand-written foregoing, the owner of a well-known mark as
signature: Provided, That where a seal is used, it defined in Section 123.1(e) of this Act, that is
should be accompanied by an indication in not registered in the Philippines, may, against an
letters of the name of the signatory. identical or confusingly similar mark, oppose its
registration, or petition the cancellation of its
130.2. The Office shall accept communications registration or sue for unfair competition,
to it by telecopier, or by electronic means without prejudice to availing himself of other
subject to the conditions or requirements that remedies provided for under the law.
131.4. In like manner and subject to the same as filed, to be published in the prescribed
conditions and requirements, the right provided manner.
in this section may be based upon a subsequent
133.3. If after the examination, the applicant is
regularly filed application in the same foreign
not entitled to registration for any reason, the
country: Provided, That any foreign application
Office shall advise the applicant thereof and the
filed prior to such subsequent application has
reasons therefor. The applicant shall have a
been withdrawn, abandoned, or otherwise
period of four (4) months in which to reply or
disposed of, without having been laid open to
amend his application, which shall then be re-
public inspection and without leaving any rights
examined. The Regulations shall determine the
outstanding, and has not served, nor thereafter
procedure for the re-examination or revival of
shall serve, as a basis for claiming a right of
an application as well as the appeal to the
priority. (Sec. 37, R.A. No. 166a)
Director of Trademarks from any final action by
132. Application Number and Filing Date. – the Examiner.

132.1. The Office shall examine whether the 133.4. An abandoned application may be
application satisfies the requirements for the revived as a pending application within three (3)
grant of a filing date as provided in Section 127 months from the date of abandonment, upon
and Regulations relating thereto. If the good cause shown and the payment of the
application does not satisfy the filing required fee.
requirements, the Office shall notify the
133.5. The final decision of refusal of the
applicant who shall within a period fixed by the
Director of Trademarks shall be appealable to
Regulations complete or correct the application
the Director General in accordance with the
as required, otherwise, the application shall be
procedure fixed by the Regulations. (Sec. 7, R.A.
considered withdrawn.
No. 166a)
132.2 Once an application meets the filing
134. Opposition. - Any person who believes
requirements of Section 127, it shall be
that he would be damaged by the registration of
numbered in the sequential order, and the
a mark may, upon payment of the required fee
applicant shall be informed of the application
and within thirty (30) days after the publication
number and the filing date of the application
referred to in Subsection 133.2, file with the
will be deemed to have been abandoned. (n)
Office an opposition to the application. Such
133. Examination and Publication. – opposition shall be in writing and verified by the
oppositor or by any person on his behalf who
133.1. Once the application meets the filing
knows the facts, and shall specify the grounds
requirements of Section 127, the Office shall
on which it is based and include a statement of
examine whether the application meets the
the facts relied upon. Copies of certificates of
requirements of Section 124 and the mark as
registration of marks registered in other
defined in Section 121 is registrable under
countries or other supporting documents
Section 123.
mentioned in the opposition shall be filed
133.2. Where the Office finds that the therewith, together with the translation in
conditions referred to in Subsection 133.1 are English, if not in the English language. For good
fulfilled, it shall, upon payment of the cause shown and upon payment of the required
prescribed fee, forthwith cause the application, surcharge, the time for filing an opposition may
be extended by the Director of Legal Affairs,
who shall notify the applicant of such extension. data as the Regulations may prescribe from time
The Regulations shall fix the maximum period of to time.
time within which to file the opposition. (Sec. 8,
137.3. A certificate of registration of a mark may
R.A. No. 165a)
be issued to the assignee of the applicant:
135. Notice and Hearing. - Upon the filing of Provided, That the assignment is recorded in the
an opposition, the Office shall serve notice of Office. In case of a change of ownership, the
the filing on the applicant, and of the date of Office shall at the written request signed by the
the hearing thereof upon the applicant and the owner, or his representative, or by the new
oppositor and all other persons having any owner, or his representative and upon a proper
right, title or interest in the mark covered by the showing and the payment of the prescribed fee,
application, as appear of record in the Office. issue to such assignee a new certificate of
(Sec. 9 R.A. No. 165) registration of the said mark in the name of
such assignee, and for the unexpired part of the
136. Issuance and Publication of Certificate.
original period.
- When the period for filing the opposition has
expired, or when the Director of Legal Affairs 137.4. The Office shall record any change of
shall have denied the opposition, the Office address, or address for service, which shall be
upon payment of the required fee, shall issue notified to it by the registered owner.
the certificate of registration. Upon issuance of
137.5. In the absence of any provision to the
a certificate of registration, notice thereof
contrary in this Act, communications to be
making reference to the publication of the
made to the registered owner by virtue of this
application shall be published in the IPO
Act shall be sent to him at his last recorded
Gazette. (Sec. 10, R.A. No. 165)
address and, at the same, at his last recorded
137. Registration of Mark and Issuance of a address for service. (Sec. 19, R.A. No. 166a)
Certificate to the Owner or his Assignee. -
138. Certificates of Registration. - A
137.1. The Office shall maintain a certificate of registration of a mark shall be
Register in which shall be registered marks, prima facie evidence of the validity of the
numbered in the order of their registration, and registration, the registrant’s ownership of the
all transactions in respect of each mark, mark, and of the registrant’s exclusive right to
required to be recorded by virtue of this law. use the same in connection with the goods or
services and those that are related thereto
137.2. The registration of a mark shall include a
specified in the certificate. (Sec. 20, R.A. No.
reproduction of the mark and shall mention: its
165)
number; the name and address of the
registered owner and, if the registered owner’s 139. Publication of Registered Marks;
address is outside the country, his address for Inspection of Register. –
service within the country; the dates of
139.1. The Office shall publish, in the form and
application and registration; if priority is
within the period fixed by the Regulations, the
claimed, an indication of this fact, and the
mark registered, in the order of their
number, date and country of the application,
registration, reproducing all the particulars
basis of the priority claims; the list of goods or
referred to in Subsection 137.2.
services in respect of which registration has
been granted, with the indication of the
corresponding class or classes; and such other
 139.2. Marks registered at the Office attached to each printed copy of the
may be inspected free of charge and any person registration. Such corrected registration shall
may obtain copies thereof at his own expense. thereafter have the same effect as the original
This provision shall also be applicable to certificate; or in the discretion of the Director of
transactions recorded in respect of any the Administrative, Financial and Human
registered mark. (n) Resource Development Service Bureau a new
certificate of registration may be issued without
140. Cancellation upon Application by
charge. All certificates of correction heretofore
Registrant; Amendment or Disclaimer of
issued in accordance with the Regulations and
Registration. - Upon application of the
the registration to which they are attached shall
registrant, the Office may permit any
have the same force and effect as if such
registration to be surrendered for cancellation,
certificates and their issuance had been
and upon cancellation the appropriate entry
authorized by this Act. (n)
shall be made in the records of the Office. Upon
application of the registrant and payment of the 143. Correction of Mistakes Made by
prescribed fee, the Office for good cause may Applicant. - Whenever a mistake is made in a
permit any registration to be amended or to be registration and such mistake occurred in good
disclaimed in part: Provided, That the faith through the fault of the applicant, the
amendment or disclaimer does not alter Office may issue a certificate upon the payment
materially the character of the mark. of the prescribed fee: Provided, That the
Appropriate entry shall be made in the records correction does not involve any change in the
of the Office upon the certificate of registration registration that requires republication of the
or, if said certificates is lost or destroyed, upon a mark. (n)
certified copy thereof. (Sec. 14, R.A. No. 166)
144. Classification of Goods and Services. –
141. Sealed and Certified Copies as Evidence.
144.1. Each registration, and any publication of
- Copies of any records, books, papers, or
the Office which concerns an application or
drawings belonging to the Office relating to
registration effected by the Office shall indicate
marks, and copies of registrations, when
the goods or services by their names, grouped
authenticated by the seal of the Office and
according to the classes of the Nice
certified by the Director of the Administrative,
Classification, and each group shall be preceded
Financial and Human Resource Development
by the number of the class of that Classification
Service Bureau or in his name by an employee
to which that group of goods or services
of the Office duly authorized by said Director,
belongs, presented in the order of the classes of
shall be evidence in all cases wherein the
the said Classification.
originals would be evidence; and any person
who applies and pays the prescribed fee shall 144.2. Goods or services may not be considered
secure such copies. (n) as being similar or dissimilar to each other on
the ground that, in any registration or
142. Correction of Mistakes Made by the
publication by the Office, they appear in
Office. - Whenever a material mistake in a
different classes of the Nice Classification. (Sec.
registration incurred through the fault of the
6, R.A. No. 166a)
Office is clearly disclosed by the records of the
Office, a certificate stating the fact and nature 145. Duration. - A certificate of registration
of such mistake shall be issued without charge, shall remain in force for ten (10) years:
recorded and a printed copy thereof shall be Provided, That the registrant shall file a
declaration of actual use and evidence to that for which the registration was issued or
effect, or shall show valid reasons based on the renewed, or it may be made within six (6)
existence of obstacles to such use, as prescribed months after such expiration on payment of the
by the Regulations, within one (1) year from the additional fee herein prescribed.
fifth anniversary of the date of the registration
146.3. If the Office refuses to renew the
of the mark. Otherwise, the mark shall be
registration, it shall notify the registrant of his
removed from the Register by the Office. (Sec.
refusal and the reasons therefor.
12, R.A. No. 166a)
146.4. An applicant for renewal not domiciled in
146. Renewal. -
the Philippines shall be subject to and comply
146.1. A certificate of registration may be with the requirements of this Act. (Sec. 15, R.A.
renewed for periods of ten (10) years at its No. 166a)
expiration upon payment of the prescribed fee
147. Rights Conferred. –
and upon filing of a request. The request shall
contain the following indications: 147.1. Except in cases of importation of drugs
and medicines allowed under Section 72.1 of
a. An indication that renewal is sought;
this Act and of off-patent drugs and medicines,
b. The name and address of the registrant the owner of a registered mark shall have the
or his successor-in-interest, hereafter referred exclusive right to prevent all third parties not
to as the "right holder"; having the owner’s consent from using in the
course of trade identical or similar signs or
c. The registration number of the
containers for goods or services which are
registration concerned;
identical or similar to those in respect of which
d. The filing date of the application which the trademark is registered where such use
resulted in the registration concerned to be would result in a likelihood of confusion. In case
renewed; of the use of an identical sign for identical goods
or services, a likelihood of confusion shall be
e. Where the right holder has a presumed.
representative, the name and address of that
representative; There shall be no infringement of trademarks or
tradenames of imported or sold patented drugs
f. The names of the recorded goods or and medicines allowed under Section 72.1 of
services for which the renewal is requested or this Act, as well as imported or sold off-patent
the names of the recorded goods or services for drugs and medicines; Provided, That said drugs
which the renewal is not requested, grouped and medicines bear the registered marks that
according to the classes of the Nice have not been tampered, unlawfully modified,
Classification to which that group of goods or or infringed upon, under Section 155 of this
services belongs and presented in the order of Code.
the classes of the said Classification; and
147.2. The exclusive right of the owner of a
g. A signature by the right holder or his well-known mark defined in Subsection 123.1(e)
representative. which is registered in the Philippines, shall
146.2. Such request shall be in Filipino or extend to goods and services which are not
English and may be made at any time within six similar to those in respect of which the mark is
(6) months before the expiration of the period registered: Provided, That use of that mark in
relation to those goods or services would transfers of applications for registration shall, on
indicate a connection between those goods or payment of the same fee, be provisionally
services and the owner of the registered mark: recorded, and the mark, when registered, shall
Provided further, That the interests of the be in the name of the assignee or transferee.
owner of the registered mark are likely to be
149.5. Assignments and transfers shall have no
damaged by such use. (n)
effect against third parties until they are
148. Use of Indications by Third Parties for recorded at the Office. (Sec. 31, R.A. No. 166a)
Purposes Other than those for which the Mark is
150. License Contracts. –
Used. - Registration of the mark shall not confer
on the registered owner the right to preclude 150.1. Any license contract concerning the
third parties from using bona fide their names, registration of a mark, or an application
addresses, pseudonyms, a geographical name, therefor, shall provide for effective control by
or exact indications concerning the kind, quality, the licensor of the quality of the goods or
quantity, destination, value, place of origin, or services of the licensee in connection with
time of production or of supply, of their goods which the mark is used. If the license contract
or services: Provided, That such use is confined does not provide for such quality control, or if
to the purposes of mere identification or such quality control is not effectively carried
information and cannot mislead the public as to out, the license contract shall not be valid.
the source of the goods or services. (n)
150.2. A license contract shall be submitted to
149. Assignment and Transfer of Application the Office which shall keep its contents
and Registration. – confidential but shall record it and publish a
reference thereto. A license contract shall have
149.1. An application for registration of a mark,
no effect against third parties until such
or its registration, may be assigned or
recording is effected. The Regulations shall fix
transferred with or without the transfer of the
the procedure for the recording of the license
business using the mark. (n)
contract. (n)
149.2. Such assignment or transfer shall,
151. Cancellation. –
however, be null and void if it is liable to
mislead the public, particularly as regards the 151.1. A petition to cancel a registration of a
nature, source, manufacturing process, mark under this Act may be filed with the
characteristics, or suitability for their purpose, Bureau of Legal Affairs by any person who
of the goods or services to which the mark is believes that he is or will be damaged by the
applied. registration of a mark under this Act as follows:
149.3. The assignment of the application for a. Within five (5) years from the date of
registration of a mark, or of its registration, shall the registration of the mark under this Act.
be in writing and require the signatures of the
contracting parties. Transfers by mergers or b. At any time, if the registered mark
other forms of succession may be made by any becomes the generic name for the goods or
document supporting such transfer. services, or a portion thereof, for which it is
registered, or has been abandoned, or its
149.4. Assignments and transfers of registration registration was obtained fraudulently or
of marks shall be recorded at the Office on contrary to the provisions of this Act, or if the
payment of the prescribed fee; assignment and registered mark is being used by, or with the
permission of, the registrant so as to 152.1. Non-use of a mark may be excused if
misrepresent the source of the goods or caused by circumstances arising independently
services on or in connection with which the of the will of the trademark owner. Lack of
mark is used. If the registered mark becomes funds shall not excuse non-use of a mark.
the generic name for less than all of the goods
152.2. The use of the mark in a form different
or services for which it is registered, a petition
from the form in which it is registered, which
to cancel the registration for only those goods
does not alter its distinctive character, shall not
or services may be filed. A registered mark shall
be ground for cancellation or removal of the
not be deemed to be the generic name of goods
mark and shall not diminish the protection
or services solely because such mark is also
granted to the mark.
used as a name of or to identify a unique
product or service. The primary significance of 152.3. The use of a mark in connection with one
the registered mark to the relevant public rather or more of the goods or services belonging to
than purchaser motivation shall be the test for the class in respect of which the mark is
determining whether the registered mark has registered shall prevent its cancellation or
become the generic name of goods or services removal in respect of all other goods or services
on or in connection with which it has been of the same class.
used. (n)
152.4. The use of a mark by a company related
c. At any time, if the registered owner of with the registrant or applicant shall inure to
the mark without legitimate reason fails to use the latter’s benefit, and such use shall not affect
the mark within the Philippines, or to cause it to the validity of such mark or of its registration:
be used in the Philippines by virtue of a license Provided, That such mark is not used in such
during an uninterrupted period of three (3) manner as to deceive the public. If use of a
years or longer. mark by a person is controlled by the registrant
or applicant with respect to the nature and
151.2. Notwithstanding the foregoing
quality of the goods or services, such use shall
provisions, the court or the administrative
inure to the benefit of the registrant or
agency vested with jurisdiction to hear and
applicant. (n)
adjudicate any action to enforce the rights to a
registered mark shall likewise exercise 153. Requirements of Petition; Notice and
jurisdiction to determine whether the Hearing. - Insofar as applicable, the petition for
registration of said mark may be cancelled in cancellation shall be in the same form as that
accordance with this Act. The filing of a suit to provided in Section 134 hereof, and notice and
enforce the registered mark with the proper hearing shall be as provided in Section 135
court or agency shall exclude any other court or hereof.
agency from assuming jurisdiction over a
subsequently filed petition to cancel the same 154. Cancellation of Registration. - If the
mark. On the other hand, the earlier filing of Bureau of Legal Affairs finds that a case for
petition to cancel the mark with the Bureau of cancellation has been made out, it shall order
Legal Affairs shall not constitute a prejudicial the cancellation of the registration. When the
question that must be resolved before an action order or judgment becomes final, any right
to enforce the rights to same registered mark conferred by such registration upon the
may be decided. (Sec. 17, R.A. No. 166a) registrant or any person in interest of record
shall terminate. Notice of cancellation shall be
152. Non-use of a Mark When Excused. –
published in the IPO Gazette. (Sec. 19. R.A. No. had the defendant not infringed his rights, or
166a) the profit which the defendant actually made
out of the infringement, or in the event such
155. Remedies; Infringement. - Any person
measure of damages cannot be readily
who shall, without the consent of the owner of
ascertained with reasonable certainty, then the
the registered mark:
court may award as damages a reasonable
155.1. Use in commerce any reproduction, percentage based upon the amount of gross
counterfeit, copy, or colorable imitation of a sales of the defendant or the value of the
registered mark or the same container or a services in connection with which the mark or
dominant feature thereof in connection with trade name was used in the infringement of the
the sale, offering for sale, distribution, rights of the complaining party. (Sec. 23, first
advertising of any goods or services including par., R.A. No. 166a)
other preparatory steps necessary to carry out
156.2. On application of the complainant, the
the sale of any goods or services on or in
court may impound during the pendency of the
connection with which such use is likely to
action, sales invoices and other documents
cause confusion, or to cause mistake, or to
evidencing sales. (n)
deceive; or
156.3. In cases where actual intent to mislead
155.2. Reproduce, counterfeit, copy or colorably
the public or to defraud the complainant is
imitate a registered mark or a dominant feature
shown, in the discretion of the court, the
thereof and apply such reproduction,
damages may be doubled. (Sec. 23, first par.,
counterfeit, copy or colorable imitation to
R.A. No. 166)
labels, signs, prints, packages, wrappers,
receptacles or advertisements intended to be 156.4. The complainant, upon proper showing,
used in commerce upon or in connection with may also be granted injunction. (Sec. 23, second
the sale, offering for sale, distribution, or par., R.A. No. 166a)
advertising of goods or services on or in
157. Power of Court to Order Infringing
connection with which such use is likely to
Material Destroyed. –
cause confusion, or to cause mistake, or to
deceive, shall be liable in a civil action for 157.1. In any action arising under this Act, in
infringement by the registrant for the remedies which a violation of any right of the owner of
hereinafter set forth: Provided, That the the registered mark is established, the court
infringement takes place at the moment any of may order that goods found to be infringing be,
the acts stated in Subsection 155.1 or this without compensation of any sort, disposed of
subsection are committed regardless of whether outside the channels of commerce in such a
there is actual sale of goods or services using manner as to avoid any harm caused to the
the infringing material. (Sec. 22, R.A. No 166a) right holder, or destroyed; and all labels, signs,
prints, packages, wrappers, receptacles and
156. Actions, and Damages and Injunction
advertisements in the possession of the
for Infringement. –
defendant, bearing the registered mark or trade
156.1. The owner of a registered mark may name or any reproduction, counterfeit, copy or
recover damages from any person who infringes colorable imitation thereof, all plates, molds,
his rights, and the measure of the damages matrices and other means of making the same,
suffered shall be either the reasonable profit shall be delivered up and destroyed.
which the complaining party would have made,
157.2. In regard to counterfeit goods, the simple a newspaper, magazine, or other similar
removal of the trademark affixed shall not be periodical or in an electronic communication,
sufficient other than in exceptional cases which the remedies of the owner of the right infringed
shall be determined by the Regulations, to as against the publisher or distributor of such
permit the release of the goods into the newspaper, magazine, or other similar
channels of commerce. (Sec. 24, R.A. No. 166a) periodical or electronic communication shall be
limited to an injunction against the presentation
158. Damages; Requirement of Notice. - In
of such advertising matter in future issues of
any suit for infringement, the owner of the
such newspapers, magazines, or other similar
registered mark shall not be entitled to recover
periodicals or in future transmissions of such
profits or damages unless the acts have been
electronic communications. The limitations of
committed with knowledge that such imitation
this subparagraph shall apply only to innocent
is likely to cause confusion, or to cause mistake,
infringers: Provided, That such injunctive relief
or to deceive. Such knowledge is presumed if
shall not be available to the owner of the right
the registrant gives notice that his mark is
infringed with respect to an issue of a
registered by displaying with the mark the
newspaper, magazine, or other similar
words "Registered Mark" or the letter R within a
periodical or an electronic communication
circle or if the defendant had otherwise actual
containing infringing matter where restraining
notice of the registration. (Sec. 21, R.A. No.
the dissemination of such infringing matter in
166a)
any particular issue of such periodical or in an
159. Limitations to Actions for Infringement. electronic communication would delay the
- Notwithstanding any other provision of this delivery of such issue or transmission of such
Act, the remedies given to the owner of a right electronic communication is customarily
infringed under this Act shall be limited as conducted in accordance with the sound
follows: business practice, and not due to any method or
device adopted to evade this section or to
159.1. Notwithstanding the provisions of prevent or delay the issuance of an injunction or
Section 155 hereof, a registered mark shall have restraining order with respect to such infringing
no effect against any person who, in good faith, matter; and
before the filing date or the priority date, was
using the mark for the purposes of his business 159.4. There shall be no infringement of
or enterprise: Provided, That his right may only trademarks or tradenames of imported or sold
be transferred or assigned together with his drugs and medicines allowed under Section
enterprise or business or with that part of his 72.1 of this Act, as well as imported or sold off-
enterprise or business in which the mark is patent drugs and medicines: Provided, That said
used. drugs and medicines bear the registered marks
that have not been tampered, unlawfully
159.2. Where an infringer who is engaged solely modified, or infringed upon as defined under
in the business of printing the mark or other Section 155 of this Code.
infringing materials for others is an innocent
infringer, the owner of the right infringed shall 160. Right of Foreign Corporation to Sue in
be entitled as against such infringer only to an Trademark or Service Mark Enforcement Action.
injunction against future printing. - Any foreign national or juridical person who
meets the requirements of Section 3 of this Act
159.3. Where the infringement complained of is and does not engage in business in the
contained in or is part of paid advertisement in
Philippines may bring a civil or administrative judgment is entered or an appeal is taken, the
action hereunder for opposition, cancellation, clerk of court shall give notice thereof to the
infringement, unfair competition, or false Office, and the latter shall endorse the same
designation of origin and false description, upon the filewrapper of the said registration or
whether or not it is licensed to do business in registrations and incorporate the same as a part
the Philippines under existing laws. (Sec. 21-A, of the contents of said filewrapper. (n)
R.A. No. 166a)
165. Trade Names or Business Names. -
161. Authority to Determine Right to
165.1. A name or designation may not be used
Registration. - In any action involving a
as a trade name if by its nature or the use to
registered mark, the court may determine the
which such name or designation may be put, it
right to registration, order the cancellation of a
is contrary to public order or morals and if, in
registration, in whole or in part, and otherwise
particular, it is liable to deceive trade circles or
rectify the register with respect to the
the public as to the nature of the enterprise
registration of any party to the action in the
identified by that name.
exercise of this. Judgment and orders shall be
certified by the court to the Director, who shall 165.2. (a) Notwithstanding any laws or
make appropriate entry upon the records of the regulations providing for any obligation to
Bureau, and shall be controlled thereby. (Sec. register trade names, such names shall be
25, R.A. No. 166a) protected, even prior to or without registration,
against any unlawful act committed by third
162. Action for False or Fraudulent
parties.
Declaration. - Any person who shall procure
registration in the Office of a mark by a false or (b) In particular, any subsequent use of the
fraudulent declaration or representation, trade name by a third party, whether as a trade
whether oral or in writing, or by any false name or a mark or collective mark, or any such
means, shall be liable in a civil action by any use of a similar trade name or mark, likely to
person injured thereby for any damages mislead the public, shall be deemed unlawful.
sustained in consequence thereof. (Sec. 26, R.A.
No. 166) 165.3. The remedies provided for in Sections
153 to 156 and Sections 166 and 167 shall apply
163. Jurisdiction of Court. - All actions under mutatis mutandis.
Sections 150, 155, 164, and 166 to 169 shall be
brought before the proper courts with 165.4. Any change in the ownership of a trade
appropriate jurisdiction under existing laws. name shall be made with the transfer of the
(Sec. 27, R.A. No. 166) enterprise or part thereof identified by that
name. The provisions of Subsections 149.2 to
164. Notice of Filing Suit Given to the 149.4 shall apply mutatis mutandis.
Director. - It shall be the duty of the clerks of
such courts within one (1) month after the filing 166. Goods Bearing Infringing Marks or
of any action, suit, or proceeding involving a Trade Names. - No article of imported
mark registered under the provisions of this Act, merchandise which shall copy or simulate the
to notify the Director in writing setting forth: name of any domestic product, or
the names and addresses of the litigants and manufacturer, or dealer, or which shall copy or
designating the number of the registration or simulate a mark registered in accordance with
registrations and within one (1) month after the the provisions of this Act, or shall bear a mark
or trade name calculated to induce the public to 167.3. In addition to the grounds provided in
believe that the article is manufactured in the Section 149, the Court shall cancel the
Philippines, or that it is manufactured in any registration of a collective mark if the person
foreign country or locality other than the requesting the cancellation proves that only the
country or locality where it is in fact registered owner uses the mark, or that he uses
manufactured, shall be admitted to entry at any or permits its use in contravention of the
customhouse of the Philippines. In order to aid agreements referred to in Subsection 166.2 or
the officers of the customs service in enforcing that he uses or permits its use in a manner
this prohibition, any person who is entitled to liable to deceive trade circles or the public as to
the benefits of this Act, may require that his the origin or any other common characteristics
name and residence, and the name of the of the goods or services concerned.
locality in which his goods are manufactured, a
167.4. The registration of a collective mark, or
copy of the certificate of registration of his mark
an application therefor shall not be the subject
or trade name, to be recorded in books which
of a license contract. (Sec. 40, R.A. No. 166a)
shall be kept for this purpose in the Bureau of
Customs, under such regulations as the 168. Unfair Competition, Rights, Regulation
Collector of Customs with the approval of the and Remedies. –
Secretary of Finance shall prescribe, and may
furnish to the said Bureau facsimiles of his 168.1. A person who has identified in the mind
name, the name of the locality in which his of the public the goods he manufactures or
goods are manufactured, or his registered mark deals in, his business or services from those of
or trade name, and thereupon the Collector of others, whether or not a registered mark is
Customs shall cause one (1) or more copies of employed, has a property right in the goodwill
the same to be transmitted to each collector or of the said goods, business or services so
to other proper officer of the Bureau of identified, which will be protected in the same
Customs. (Sec. 35, R.A. No. 166) manner as other property rights.

167. Collective Marks. – 168.2. Any person who shall employ deception
or any other means contrary to good faith by
167.1. Subject to Subsections 167.2 and 167.3, which he shall pass off the goods manufactured
Sections 122 to 164 and 166 shall apply to by him or in which he deals, or his business, or
collective marks, except that references therein services for those of the one having established
to "mark" shall be read as "collective mark." such goodwill, or who shall commit any acts
calculated to produce said result, shall be guilty
167.2.
of unfair competition, and shall be subject to an
a. An application for registration of a action therefor.
collective mark shall designate the mark as a
168.3. In particular, and without in any way
collective mark and shall be accompanied by a
limiting the scope of protection against unfair
copy of the agreement, if any, governing the use
competition, the following shall be deemed
of the collective mark.
guilty of unfair competition:
b. The registered owner of a collective
a. Any person, who is selling his goods and
mark shall notify the Director of any changes
gives them the general appearance of goods of
made in respect of the agreement referred to in
another manufacturer or dealer, either as to the
paragraph (a).
goods themselves or in the wrapping of the
packages in which they are contained, or the b. In commercial advertising or promotion,
devices or words thereon, or in any other misrepresents the nature, characteristics,
feature of their appearance, which would be qualities, or geographic origin of his or her or
likely to influence purchasers to believe that the another person’s goods, services, or commercial
goods offered are those of a manufacturer or activities, shall be liable to a civil action for
dealer, other than the actual manufacturer or damages and injunction provided in Sections
dealer, or who otherwise clothes the goods with 156 and 157 of this Act by any person who
such appearance as shall deceive the public and believes that he or she is or likely to be
defraud another of his legitimate trade, or any damaged by such act.
subsequent vendor of such goods or any agent
169.2. Any goods marked or labeled in
of any vendor engaged in selling such goods
contravention of the provisions of this Section
with a like purpose;
shall not be imported into the Philippines or
b. Any person who by any artifice, or admitted entry at any customhouse of the
device, or who employs any other means Philippines. The owner, importer, or consignee
calculated to induce the false belief that such of goods refused entry at any customhouse
person is offering the services of another who under this section may have any recourse under
has identified such services in the mind of the the customs revenue laws or may have the
public; or remedy given by this Act in cases involving
goods refused entry or seized. (Sec. 30, R.A. No.
c. Any person who shall make any false
166a)
statement in the course of trade or who shall
commit any other act contrary to good faith of a 170. Penalties. - Independent of the civil and
nature calculated to discredit the goods, administrative sanctions imposed by law, a
business or services of another. criminal penalty of imprisonment from two (2)
years to five (5) years and a fine ranging from
168.4. The remedies provided by Sections 156,
Fifty thousand pesos (P50,000) to Two hundred
157 and 161 shall apply mutatis mutandis. (Sec.
thousand pesos (P200,000), shall be imposed on
29, R.A. No. 166a)
any person who is found guilty of committing
169. False Designations of Origin; False any of the acts mentioned in Section 155,
Description or Representation. – Section 168 and Subsection 169.1. (Arts. 188
and 189, Revised Penal Code)
169.1. Any person who, on or in connection
with any goods or services, or any container for
goods, uses in commerce any word, term,
PART IV.
name, symbol, or device, or any combination
THE LAW ON COPYRIGHT
thereof, or any false designation of origin, false
or misleading description of fact, or false or Chapter I.
misleading representation of fact, which: PRELIMINARY PROVISIONS

a. Is likely to cause confusion, or to cause 171. Definitions. - For the purpose of this
mistake, or to deceive as to the affiliation, Act, the following terms have the following
connection, or association of such person with meaning:
another person, or as to the origin, sponsorship,
171.1. "Author" is the natural person who has
or approval of his or her goods, services, or
created the work;
commercial activities by another person; or
171.2. A "collective work" is a work which has family’s closest social acquaintances are or can
been created by two (2) or more natural be present, irrespective of whether they are or
persons at the initiative and under the direction can be present at the same place and at the
of another with the understanding that it will be same time, or at different places and/or at
disclosed by the latter under his own name and different times, and where the performance can
that contributing natural persons will not be be perceived without the need for
identified; communication within the meaning of
Subsection 171.3;
171.3. "Communication to the public" or
"communicate to the public" means any 171.7. "Published works" means works, which,
communication to the public, including with the consent of the authors, are made
broadcasting, rebroadcasting, retransmitting by available to the public by wire or wireless
cable, broadcasting and retransmitting by means in such a way that members of the public
satellite, and includes the making of a work may access these works from a place and time
available to the public by wire or wireless individually chosen by them: Provided, That
means in such a way that members of the public availability of such copies has been such, as to
may access these works from a place and time satisfy the reasonable requirements of the
individually chosen by them; public, having regard to the nature of the work;

171.4. A "computer" is an electronic or similar 171.8. "Rental" is the transfer of the possession
device having information-processing of the original or a copy of a work or a sound
capabilities, and a "computer program" is a set recording for a limited period of time, for profit-
of instructions expressed in words, codes, making purposes;
schemes or in any other form, which is capable
171.9. "Reproduction" is the making of one (1)
when incorporated in a medium that the
or more copies, temporary or permanent, in
computer can read, or causing the computer to
whole or in part, of a work or a sound recording
perform or achieve a particular task or result;
in any manner or form without prejudice to the
171.5. "Public lending" is the transfer of provisions of Section 185 of this Act (Sec. 41 [E],
possession of the original or a copy of a work or P.D. No. 49a);
sound recording for a limited period, for non-
171.10. A "work of applied art" is an artistic
profit purposes, by an institution the services of
creation with utilitarian functions or
which are available to the public, such as public
incorporated in a useful article, whether made
library or archive;
by hand or produced on an industrial scale;
171.6. "Public performance," in the case of a
171.11. A "work of the Government of the
work other than an audiovisual work, is the
Philippines" is a work created by an officer or
recitation, playing, dancing, acting or otherwise
employee of the Philippine Government or any
performing the work, either directly or by
of its subdivisions and instrumentalities,
means of any device or process; in the case of
including government-owned or controlled
an audiovisual work, the showing of its images
corporations as part of his regularly prescribed
in sequence and the making of the sounds
official duties.
accompanying it audible; and, in the case of a
sound recording, making the recorded sounds 171.12. “Technological measure” means any
audible at a place or at places where persons technology, device or component that, in the
outside the normal circle of a family and that normal course of its operation, restricts acts in
respect of a work, performance or sound f. Musical compositions, with or without
recording, which are not authorized by the words;
authors, performers or producers of sound
g. Works of drawing, painting,
recordings concerned or permitted by law;
architecture, sculpture, engraving, lithography
171.13. “Rights management information” or other works of art; models or designs for
means information which identifies the work, works of art;
sound recording or performance; the author of
h. Original ornamental designs or models
the work, producer of the sound recording or
for articles of manufacture, whether or not
performer of the performance; the owner of
registrable as an industrial design, and other
any right in the work, sound recording or
works of applied art;
performance; or information about the terms
and conditions of the use of the work, sound i. Illustrations, maps, plans, sketches,
recording or performance; and any number or charts and three-dimensional works relative to
code that represent such information, when any geography, topography, architecture or science;
of these items is attached to a copy of the work,
sound recording or fixation of performance or j. Drawings or plastic works of a scientific
appears in conjunction with the communication or technical character;
to the public of a work, sound recording or k. Photographic works including works
performance. produced by a process analogous to
Chapter II. photography; lantern slides;
ORIGINAL WORKS l. Audiovisual works and cinematographic
172. Literary and Artistic Works. – works and works produced by a process
analogous to cinematography or any process for
172.1. Literary and artistic works, hereinafter making audio-visual recordings;
referred to as "works", are original intellectual
creations in the literary and artistic domain m. Pictorial illustrations and
protected from the moment of their creation advertisements;
and shall include in particular: n. Computer programs; and
a. Books, pamphlets, articles and other o. Other literary, scholarly, scientific and
writings; artistic works.
b. Periodicals and newspapers; 172.2. Works are protected by the sole fact of
c. Lectures, sermons, addresses, their creation, irrespective of their mode or
dissertations prepared for oral delivery, whether form of expression, as well as of their content,
or not reduced in writing or other material quality and purpose. (Sec. 2, P.D. No. 49a)
form;

d. Letters; Chapter III.

e. Dramatic or dramatico-musical DERIVATIVE WORKS
compositions; choreographic works or 173. Derivative Works. –
entertainment in dumb shows;
173.1. The following derivative works shall also
be protected by copyright:
a. Dramatizations, translations, 176.1. No copyright shall subsist in any
adaptations, abridgments, arrangements, and work of the Government of the Philippines.
other alterations of literary or artistic works; However, prior approval of the government
and agency or office wherein the work is created
shall be necessary for exploitation of such work
b. Collections of literary, scholarly or
for profit. Such agency or office may, among
artistic works, and compilations of data and
other things, impose as a condition the
other materials which are original by reason of
payment of royalties. No prior approval or
the selection or coordination or arrangement of
conditions shall be required for the use of any
their contents. (Sec. 2, [P] and [Q], P.D. No. 49)
purpose of statutes, rules and regulations, and
173.2. The works referred to in paragraphs (a) speeches, lectures, sermons, addresses, and
and (b) of Subsection 173.1 shall be protected dissertations, pronounced, read or rendered in
as new works: Provided however, That such new courts of justice, before administrative agencies,
work shall not affect the force of any subsisting in deliberative assemblies and in meetings of
copyright upon the original works employed or public character. (Sec. 9, first par., P.D. No. 49)
any part thereof, or be construed to imply any
176.2. The author of speeches, lectures,
right to such use of the original works, or to
sermons, addresses, and dissertations
secure or extend copyright in such original
mentioned in the preceding paragraphs shall
works. (Sec. 8, P.D. 49; Art. 10, TRIPS)
have the exclusive right of making a collection
174. Published Edition of Work. - In addition of his works. (n)
to the right to publish granted by the author, his
176.3. Notwithstanding the foregoing
heirs or assigns, the publisher shall have a
provisions, the Government is not precluded
copyright consisting merely of the right of
from receiving and holding copyrights
reproduction of the typographical arrangement
transferred to it by assignment, bequest or
of the published edition of the work. (n)
otherwise; nor shall publication or republication
by the government in a public document of any
work in which copyright is subsisting be taken to
Chapter IV. cause any abridgment or annulment of the
WORKS NOT PROTECTED copyright or to authorize any use or
175. Unprotected Subject Matter. appropriation of such work without the consent
- Notwithstanding the provisions of Section 172 of the copyright owner. (Sec. 9, third par., P.D.
and 173, no protection shall extend, under this No. 49)
law, to any idea, procedure, system, method or
operation, concept, principle, discovery or mere
data as such, even if they are expressed, Chapter V.
explained, illustrated or embodied in a work; COPYRIGHT OR ECONOMIC RIGHTS
news of the day and other miscellaneous facts
177. Copyright or Economic Rights. - Subject
having the character of mere items of press
to the provisions of Chapter VIII, copyright or
information; or any official text of a legislative,
economic rights shall consist of the exclusive
administrative or legal nature, as well as any
right to carry out, authorize or prevent the
official translation thereof. (n)
following acts:
176. Works of the Government. -
 177.1. Reproduction of the work or be identified, the author of each part shall be
substantial portion of the work; the original owner of the copyright in the part
that he has created;
177.2. Dramatization, translation,
adaptation, abridgment, arrangement or other 178.3. In the case of work created by an
transformation of the work; author during and in the course of his
employment, the copyright shall belong to:
177.3. The first public distribution of the
original and each copy of the work by sale or a. The employee, if the creation of the
other forms of transfer of ownership; object of copyright is not a part of his regular
duties even if the employee uses the time,
177.4. Rental of the original or a copy of
facilities and materials of the employer.
an audiovisual or cinematographic work, a work
embodied in a sound recording, a computer b. The employer, if the work is the result
program, a compilation of data and other of the performance of his regularly-assigned
materials or a musical work in graphic form, duties, unless there is an agreement, express or
irrespective of the ownership of the original or implied, to the contrary.
the copy which is the subject of the rental; (n)
178.4. In the case of a work
177.5. Public display of the original or a commissioned by a person other than an
copy of the work; employer of the author and who pays for it and
the work is made in pursuance of the
177.6. Public performance of the work;
commission, the person who so commissioned
and
the work shall have ownership of the work, but
177.7. Other communication to the the copyright thereto shall remain with the
public of the work (Sec. 5, P.D. No. 49a) creator, unless there is a written stipulation to
the contrary;

178.5. In the case of audiovisual work,

Chapter VI. the copyright shall belong to the producer, the
OWNERSHIP OF COPYRIGHT author of the scenario, the composer of the
178. Rules on Copyright Ownership. music, the film director, and the author of the
- Copyright ownership shall be governed by the work so adapted. However, subject to contrary
following rules: or other stipulations among the creators, the
producer shall exercise the copyright to an
178.1. Subject to the provisions of this extent required for the exhibition of the work in
section, in the case of original literary and any manner, except for the right to collect
artistic works, copyright shall belong to the performing license fees for the performance of
author of the work; musical compositions, with or without words,
178.2. In the case of works of joint which are incorporated into the work; and
authorship, the co-authors shall be the original 178.6. In respect of letters, the
owners of the copyright and in the absence of copyright shall belong to the writer subject to
agreement, their rights shall be governed by the the provisions of Article 723 of the Civil Code.
rules on co-ownership. If, however, a work of (Sec. 6, P.D. No. 49a)
joint authorship consists of parts that can be
used separately and the author of each part can
179. Anonymous and Pseudonymous Works. which the licensor had with respect to the
- For purposes of this Act, the publishers shall copyright.
be deemed to represent the authors of articles
180.5. The copyright owner has the
and other writings published without the names
right to regular statements of accounts from the
of the authors or under pseudonyms, unless the
assignee or the licensee with regard to assigned
contrary appears, or the pseudonyms or
or licensed work.
adopted name leaves no doubts as to the
author’s identity, or if the author of the 181. Copyright and Material Object. - The
anonymous works discloses his identity. (Sec. 7, copyright is distinct from the property in the
P.D. 49) material object subject to it. Consequently, the
transfer, assignment or licensing of the
copyright shall not itself constitute a transfer of
Chapter VII. the material object. Nor shall a transfer or
TRANSFER, ASSIGNMENT AND LICENSING OF assignment of the sole copy or of one or several
COPYRIGHT copies of the work imply transfer, assignment or
licensing of the copyright. (Sec. 16, P.D. No. 49)
180. Rights of Assignee or Licensee. -
182. Filing of Assignment or License. - An
180.1. The copyright may be assigned
assignment or exclusive license may be filed in
or licensed in whole or in part. Within the scope
duplicate with the National Library upon
of the assignment or license, the assignee or
payment of the prescribed fee for registration in
licensee is entitled to all the rights and remedies
books and records kept for the purpose. Upon
which the assignor or licensor had with respect
recording, a copy of the instrument shall be
to the copyright.
returned to the sender with a notation of the
180.2. The copyright is not deemed fact of record. Notice of the record shall be
assigned or licensed inter vivos, in whole or in published in the IPO Gazette. (Sec. 19, P.D. No.
part, unless there is a written indication of such 49a)
intention.
183. Designation of Society. - The owners of
180.3. The submission of a literary, copyright and related rights or their heirs may
photographic or artistic work to a newspaper, designate a society of artists, writers,
magazine or periodical for publication shall composers and other right-holders to
constitute only a license to make a single collectively manage their economic or moral
publication unless a greater right is expressly rights on their behalf. For the said societies to
granted. If two (2) or more persons jointly own enforce the rights of their members, they shall
a copyright or any part thereof, neither of the first secure the necessary accreditation from the
owners shall be entitled to grant licenses Intellectual Property Office. (Sec. 32, P.D. No.
without the prior written consent of the other 49a)
owner or owners. (Sec. 15, P.D. No. 49a)

180.4. Any exclusivity in the economic

Chapter VIII.
rights in a work may be exclusively licensed.
LIMITATIONS ON COPYRIGHT
Within the scope of the exclusive license, the
licensee is entitled to all the rights and remedies 184. Limitations on Copyright. -
 184.1. Notwithstanding the provisions work included in a broadcast for the use of such
of Chapter V, the following acts shall not schools, universities or educational institutions:
constitute infringement of copyright: Provided, That such recording must be deleted
within a reasonable period after they were first
a. The recitation or performance of a
broadcast: Provided, further, That such
work, once it has been lawfully made accessible
recording may not be made from audiovisual
to the public, if done privately and free of
works which are part of the general cinema
charge or if made strictly for a charitable or
repertoire of feature films except for brief
religious institution or society; (Sec. 10(1), P.D.
excerpts of the work;
No.49)
g. The making of ephemeral recordings by
b. The making of quotations from a
a broadcasting organization by means of its own
published work if they are compatible with fair
facilities and for use in its own broadcast;
use and only to the extent justified for the
purpose, including quotations from newspaper h. The use made of a work by or under the
articles and periodicals in the form of press direction or control of the Government, by the
summaries: Provided, That the source and the National Library or by educational, scientific or
name of the author, if appearing on the work, professional institutions where such use is in
are mentioned; (Sec. 11, third par., P.D. No. 49) the public interest and is compatible with fair
use;
c. The reproduction or communication to
the public by mass media of articles on current i. The public performance or the
political, social, economic, scientific or religious communication to the public of a work, in a
topic, lectures, addresses and other works of place where no admission fee is charged in
the same nature, which are delivered in public if respect of such public performance or
such use is for information purposes and has communication, by a club or institution for
not been expressly reserved: Provided, That the charitable or educational purpose only, whose
source is clearly indicated; (Sec. 11, P.D. No. 49) aim is not profit making, subject to such other
limitations as may be provided in the
d. The reproduction and communication
Regulations; (n)
to the public of literary, scientific or artistic
works as part of reports of current events by j. Public display of the original or a copy
means of photography, cinematography or of the work not made by means of a film, slide,
broadcasting to the extent necessary for the television image or otherwise on screen or by
purpose; (Sec. 12, P.D. No. 49) means of any other device or process: Provided,
That either the work has been published, or,
e. The inclusion of a work in a publication,
that the original or the copy displayed has been
broadcast, or other communication to the
sold, given away or otherwise transferred to
public, sound recording or film, if such inclusion
another person by the author or his successor in
is made by way of illustration for teaching
title; and
purposes and is compatible with fair use:
Provided, That the source and of the name of k. Any use made of a work for the purpose
the author, if appearing in the work, are of any judicial proceedings or for the giving of
mentioned; professional advice by a legal practitioner.

f. The recording made in schools, l. The reproduction or distribution of

universities, or educational institutions of a published articles or materials in a specialized
format exclusively for the use of the blind, 185.2. The fact that a work is unpublished shall
visually- and reading-impaired persons: not by itself bar a finding of fair use if such
Provided, That such copies and distribution shall finding is made upon consideration of all the
be made on a nonprofit basis and shall indicate above factors.
the copyright owner and the date of the original
186. Work of Architecture. - Copyright in a
publication.
work of architecture shall include the right to
184.2. The provisions of this section control the erection of any building which
shall be interpreted in such a way as to allow reproduces the whole or a substantial part of
the work to be used in a manner which does not the work either in its original form or in any
conflict with the normal exploitation of the form recognizably derived from the original;
work and does not unreasonably prejudice the Provided, That the copyright in any such work
right holder's legitimate interests. shall not include the right to control the
reconstruction or rehabilitation in the same
185. Fair Use of a Copyrighted Work. - 185.1.
style as the original of a building to which that
The fair use of a copyrighted work for criticism,
copyright relates. (n)
comment, news reporting, teaching including
limited number of copies for classroom use, 187. Reproduction of Published Work. -
scholarship, research, and similar purposes is
187.1. Notwithstanding the provision of
not an infringement of copyright.
Section 177, and subject to the provisions of
Decompilation, which is understood here to be
Subsection 187.2, the private reproduction of a
the reproduction of the code and translation of
published work in a single copy, where the
the forms of a computer program to achieve the
reproduction is made by a natural person
interoperability of an independently created
exclusively for research and private study, shall
computer program with other programs may
be permitted, without the authorization of the
also constitute fair use under the criteria
owner of copyright in the work.
established by this section, to the extent that
such decompilation is done for the purpose of 187.2. The permission granted under
obtaining the information necessary to achieve Subsection 187.1 shall not extend to the
such interoperability. In determining whether reproduction of:
the use made of a work in any particular case is
fair use, the factors to be considered shall a. A work of architecture in the form of
include: building or other construction;

a. The purpose and character of the use, b. An entire book, or a substantial part
including whether such use is of a commercial thereof, or of a musical work in graphic form by
nature or is for non-profit educational purposes; reprographic means;

b. The nature of the copyrighted work; c. A compilation of data and other

materials;
c. The amount and substantiality of the
portion used in relation to the copyrighted work d. A computer program except as provided
as a whole; and in Section 189; and

d. The effect of the use upon the potential e. Any work in cases where reproduction
market for or value of the copyrighted work. would unreasonably conflict with a normal
exploitation of the work or would otherwise
unreasonably prejudice the legitimate interests considered necessary for the collection of the
of the author. (n) library but which is out of stock. (Sec. 13, P.D.
49a)
188. Reprographic Reproduction by Libraries
- 189. Reproduction of Computer Program. -

188.1. Notwithstanding the provisions 189.1. Notwithstanding the provisions

of Subsection 177.1, any library or archive of Section 177, the reproduction in one (1) back-
whose activities are not for profit may, without up copy or adaptation of a computer program
the authorization of the author or copyright shall be permitted, without the authorization of
owner, make a limited number of copies of the the author of, or other owner of copyright in, a
work, as may be necessary for such institutions computer program, by the lawful owner of that
to fulfill their mandate, by reprographic computer program: Provided, That the copy or
reproduction: adaptation is necessary for:

a. Where the work by reason of its fragile a. The use of the computer program in
character or rarity cannot be lent to user in its conjunction with a computer for the purpose,
original form; and to the extent, for which the computer
program has been obtained; and
b. Where the works are isolated articles
contained in composite works or brief portions b. Archival purposes, and, for the
of other published works and the reproduction replacement of the lawfully owned copy of the
is necessary to supply them; when this is computer program in the event that the lawfully
considered expedient, to persons requesting obtained copy of the computer program is lost,
their loan for purposes of research or study destroyed or rendered unusable.
instead of lending the volumes or booklets
189.2. No copy or adaptation
which contain them; and
mentioned in this Section shall be used for any
c. Where the making of such limited purpose other than the ones determined in this
copies is in order to preserve and, if necessary Section, and any such copy or adaptation shall
in the event that it is lost, destroyed or be destroyed in the event that continued
rendered unusable, replace a copy, or to possession of the copy of the computer
replace, in the permanent collection of another program ceases to be lawful.
similar library or archive, a copy which has been
189.3. This provision shall be without
lost, destroyed or rendered unusable and copies
prejudice to the application of Section 185
are not available with the publisher.
whenever appropriate. (n)
188.2. Notwithstanding the above
190. Importation and Exportation of
provisions, it shall not be permissible to
Infringing Materials. - Subject to the approval of
produce a volume of a work published in several
the Secretary of Finance, the Commissioner of
volumes or to produce missing tomes or pages
Customs is hereby empowered to make rules
of magazines or similar works, unless the
and regulations for preventing the importation
volume, tome or part is out of stock; Provided,
or exportation of infringing articles prohibited
That every library which, by law, is entitled to
under Part IV of this Act and under relevant
receive copies of a printed work, shall be
treaties and conventions to which the
entitled, when special reasons so require, to
Philippines may be a party and for seizing and
reproduce a copy of a published work which is
condemning and disposing of the same in case indicated in a prominent way on the copies, and
they are discovered after they have been in connection with the public use of his work;
imported or before they are exported. (Sec. 30,
193.2. To make any alterations of his
P.D. No. 49)
work prior to, or to withhold it from publication;
Chapter IX.
193.3. To object to any distortion,
DEPOSIT AND NOTICE
mutilation or other modification of, or other
191. Deposit and Notice of Deposit with the derogatory action in relation to, his work which
National Library and the Supreme Court Library. would be prejudicial to his honor or reputation;
- At any time during the subsistence of the and
copyright, the owner of the copyright or of any
193.4. To restrain the use of his name
exclusive right in the work may, for the purpose
with respect to any work not of his own
of completing the records of the National
creation or in a distorted version of his work.
Library and the Supreme Court Library, register
(Sec. 34, P.D. No. 49)
and deposit with them, by personal delivery or
by registered mail, two (2) complete copies or 194. Breach of Contract. - An author cannot
reproductions of the work in such form as the be compelled to perform his contract to create
Directors of the said libraries may prescribe in a work or for the publication of his work already
accordance with regulations: Provided, That in existence. However, he may be held liable for
only works in the field of law shall be deposited damages for breach of such contract. (Sec. 35,
with the Supreme Court Library. Such P.D. No. 49)
registration and deposit is not a condition of
copyright protection. 195. Waiver of Moral Rights. - An author
may waive his rights mentioned in Section 193
192. Notice of Copyright. - Each copy of a by a written instrument, but no such waiver
work published or offered for sale may contain a shall be valid where its effects is to permit
notice bearing the name of the copyright owner, another:
and the year of its first publication, and, in
copies produced after the creator’s death, the 195.1. To use the name of the author, or
year of such death. (Sec. 27, P.D. No. 49a) the title of his work, or otherwise to make use
of his reputation with respect to any version or
adaptation of his work which, because of
alterations therein, would substantially tend to
Chapter X.
injure the literary or artistic reputation of
MORAL RIGHTS
another author; or
193. Scope of Moral Rights. - The author of a
195.2. To use the name of the author
work shall, independently of the economic
with respect to a work he did not create. (Sec.
rights in Section 177 or the grant of an
36, P.D. No. 49)
assignment or license with respect to such right,
have the right: 196. Contribution to Collective Work. - When
an author contributes to a collective work, his
193.1. To require that the authorship of
right to have his contribution attributed to him
the works be attributed to him, in particular, the
is deemed waived unless he expressly reserves
right that his name, as far as practicable, be
it. (Sec. 37. P.D. No. 49)
197. Editing, Arranging and Adaptation of may be availed of under the Civil Code may also
Work. - In the absence of a contrary stipulation be recovered. Any damage recovered after the
at the time an author licenses or permits creator's death shall be held in trust for and
another to use his work, the necessary editing, remitted to his heirs, and in default of the heirs,
arranging or adaptation of such work, for shall belong to the government. (Sec. 40, P.D.
publication, broadcast, use in a motion picture, No. 49)
dramatization, or mechanical or electrical
Chapter XI.
reproduction in accordance with the reasonable
RIGHTS TO PROCEEDS IN SUBSEQUENT
and customary standards or requirements of
TRANSFERS
the medium in which the work is to be used,
shall not be deemed to contravene the author's 200. Sale or Lease of Work. - In every sale or
rights secured by this chapter. Nor shall lease of an original work of painting or sculpture
complete destruction of a work unconditionally or of the original manuscript of a writer or
transferred by the author be deemed to violate composer, subsequent to the first disposition
such rights. (Sec. 38, P.D. No. 49) thereof by the author, the author or his heirs
shall have an inalienable right to participate in
198. Term of Moral Rights. -
the gross proceeds of the sale or lease to the
198.1. The rights of an author under extent of five percent (5%). This right shall exist
Section 193.1. shall last during the lifetime of during the lifetime of the author and for fifty
the author and in perpetuity after his death (50) years after his death. (Sec. 31, P.D. No. 49)
while the rights under Sections 193.2. 193.3.
201. Works Not Covered. - The provisions of
and 193.4. shall be coterminous with the
this Chapter shall not apply to prints, etchings,
economic rights, the moral rights shall not be
engravings, works of applied art, or works of
assignable or subject to license. The person or
similar kind wherein the author primarily
persons to be charged with the posthumous
derives gain from the proceeds of
enforcement of these rights shall be named in a
reproductions. (Sec. 33, P.D. No. 49)
written instrument which shall be filed with the
National Library. In default of such person or
persons, such enforcement shall devolve upon
either the author’s heirs, and in default of the Chapter XII.
heirs, the Director of the National Library. RIGHTS OF PERFORMERS, PRODUCERS OF
SOUND RECORDINGS AND BROADCASTING
198.2. For purposes of this Section, ORGANIZATIONS
"Person" shall mean any individual, partnership,
corporation, association, or society. The Director 202. Definitions. - For the purpose of this
of the National Library may prescribe Act, the following terms shall have the following
reasonable fees to be charged for his services in meanings:
the application of provisions of this Section. 202.1. "Performers" are actors, singers,
(Sec. 39, P.D. No. 49) musicians, dancers, and other persons who act,
199. Enforcement Remedies. - Violation of sing, declaim, play in, interpret, or otherwise
any of the rights conferred by this Chapter shall perform literary and artistic work;
entitle those charged with their enforcement to 202.2. "Sound recording" means the
the same rights and remedies available to a fixation of the sounds of a performance or of
copyright owner. In addition, damages which other sounds, or representation of sound, other
than in the form of a fixation incorporated in a otherwise than by broadcasting, of sounds of a
cinematographic or other audiovisual work; performance or the representations of sounds
fixed in a sound recording. For purposes of
202.3. An "audiovisual work or fixation"
Section 209, "communication to the public"
is a work that consists of a series of related
includes making the sounds or representations
images which impart the impression of motion,
of sounds fixed in a sound recording audible to
with or without accompanying sounds,
the public.
susceptible of being made visible and, where
accompanied by sounds, susceptible of being 203. Scope of Performers' Rights. - Subject to
made audible; the provisions of Section 212, performers shall
enjoy the following exclusive rights:
202.4. "Fixation" means the
embodiment of sounds, or of the 203.1. As regards their performances,
representations thereof, from which they can be the right of authorizing:
perceived, reproduced or communicated
a. The broadcasting and other
through a device;
communication to the public of their
202.5. "Producer of a sound recording" performance; and
means the person, or the legal entity, who or
b. The fixation of their unfixed
which takes the initiative and has the
performance.
responsibility for the first fixation of the sounds
of a performance or other sounds, or the 203.2. The right of authorizing the
representation of sounds; direct or indirect reproduction of their
performances fixed in sound recordings or
202.6. "Publication of a fixed
audiovisual works or fixations in any manner or
performance or a sound recording" means the
form;
offering of copies of the fixed performance or
the sound recording to the public, with the 203.3. Subject to the provisions of
consent of the right holder: Provided, That Section 206, the right of authorizing the first
copies are offered to the public in reasonable public distribution of the original and copies of
quality; their performance fixed in the sound recordings
or audiovisual works or fixations through sale or
202.7. "Broadcasting" means the
rental of other forms of transfer of ownership;
transmission by wireless means for the public
reception of sounds or of images or of 203.4. The right of authorizing the
representations thereof; such transmission by commercial rental to the public of the original
satellite is also "broadcasting" where the means and copies of their performances fixed in sound
for decrypting are provided to the public by the recordings or audiovisual works or fixations,
broadcasting organization or with its consent; even after distribution of them by, or pursuant
to the authorization by the performer; and
202.8. "Broadcasting organization" shall
include a natural person or a juridical entity duly 203.5. The right of authorizing the
authorized to engage in broadcasting; and making available to the public of their
performances fixed in sound recordings or
202.9. "Communication to the public of
audiovisual works or fixations, by wire or
a performance or a sound recording" means the
wireless means, in such a way that members of
transmission to the public, by any medium,
the public may access them from a place and
time individually chosen by them. (Sec. 42, P.D. 207. Contract Terms. - Nothing in this
No. 49a) Chapter shall be construed to deprive
performers of the right to agree by contracts on
204. Moral Rights of Performers. -
terms and conditions more favorable for them
204.1. Independently of a performer's in respect of any use of their performance. (n)
economic rights, the performer, shall, as regards
his live aural performances or performances
fixed in sound recordings or in audiovisual Chapter XIII.
works or fixations, have the right to claim to be PRODUCERS OF SOUND RECORDINGS
identified as the performer of his performances,
208. Scope of Right. - Subject to the
except where the omission is dictated by the
provisions of Section 212, producers of sound
manner of the use of the performance, and to
recordings shall enjoy the following exclusive
object to any distortion, mutilation or other
rights:
modification of his performances that would be
prejudicial to his reputation. 208.1. The right to authorize the direct
or indirect reproduction of their sound
204.2. The rights granted to a
recordings, in any manner or form; the placing
performer in accordance with Subsection 203.1
of these reproductions in the market and the
shall be maintained and exercised fifty (50)
right of rental or lending;
years after his death, by his heirs, and in default
of heirs, the government, where protection is 208.2. The right to authorize the first
claimed. (Sec. 43, P.D. no. 49) public distribution of the original and copies of
their sound recordings through sale or rental or
205. Limitation on Right. -
other forms of transferring ownership; and
205.1. Subject to the provisions of
208.3. The right to authorize the
Section 206, once the performer has authorized
commercial rental to the public of the original
the broadcasting or fixation of his performance,
and copies of their sound recordings, even after
the provisions of Sections 203 shall have no
distribution by them by or pursuant to
further application.
authorization by the producer. (Sec. 46, P.D. No.
205.2. The provisions of Section 184 49a)
and Section 185 shall apply mutatis mutandis to
208.4. The right to authorize the making
performers. (n)
available to the public of their sound recordings
206. Additional Remuneration for in such a way that members of the public may
Subsequent Communications or Broadcasts. access the sound recording from a place and at
- Unless otherwise provided in the contract, in a time individually chosen or selected by them,
every communication to the public or broadcast as well as other transmissions of a sound
of a performance subsequent to the first recording with like effect.
communication or broadcast thereof by the
209. Communication to the Public. - If a
broadcasting organization, the performer shall
sound recording published for commercial
be entitled to an additional remuneration
purposes, or a reproduction of such sound
equivalent to at least five percent (5%) of the
recording, is used directly for broadcasting or
original compensation he or she received for
for other communication to the public, or is
the first communication or broadcast. (n)
publicly performed with the intention of making
and enhancing profit, a single equitable 213. Term of Protection. -
remuneration for the performer or performers,
213.1. Subject to the provisions of
and the producer of the sound recording shall
Subsections 213.2 to 213.5, the copyright in
be paid by the user to both the performers and
works under Sections 172 and 173 shall be
the producer, who, in the absence of any
protected during the life of the author and for
agreement shall share equally. (Sec. 47, P.D. No.
fifty (50) years after his death. This rule also
49a)
applies to posthumous works. (Sec. 21, first
210. Limitation of Right. - Sections 184 and sentence, P.D. No. 49a)
185 shall apply mutatis mutandis to the
213.2. In case of works of joint
producer of sound recordings. (Sec. 48, P.D. No.
authorship, the economic rights shall be
49a)
protected during the life of the last surviving
Chapter XIV. author and for fifty (50) years after his death.
BROADCASTING ORGANIZATIONS (Sec. 21, second sentence, P.D. no. 49)

211. Scope of Right. - Subject to the 213.3. In case of anonymous or

provisions of Section 212, broadcasting pseudonymous works, the copyright shall be
organizations shall enjoy the exclusive right to protected for fifty (50) years from the date on
carry out, authorize or prevent any of the which the work was first lawfully published:
following acts: Provided, That where, before the expiration of
the said period, the author's identity is revealed
211.1. The rebroadcasting of their
or is no longer in doubt, the provisions of
broadcasts;
Subsections 213.1 and 213.2 shall apply, as the
211.2. The recording in any manner, case may be: Provided, further, That such works
including the making of films or the use of video if not published before shall be protected for
tape, of their broadcasts for the purpose of fifty (50) years counted from the making of the
communication to the public of television work. (Sec. 23, P.D. No. 49)
broadcasts of the same; and
213.4. In case of works of applied art
211.3. The use of such records for fresh the protection shall be for a period of twenty-
transmissions or for fresh recording. (Sec. 52, five (25) years from the date of making. (Sec.
P.D. No. 49) 24(B), P.D. No. 49a)

213.5. In case of photographic works,

the protection shall be for fifty (50) years from
Chapter XV. publication of the work and, if unpublished, fifty
LIMITATIONS ON PROTECTION (50) years from the making. (Sec. 24(C), P.D.
212. Limitations on Rights. - The provisions 49a)
of Chapter VIII shall apply mutatis mutandis to 213.6. In case of audio-visual works
the rights of performers, producers of sound including those produced by process analogous
recordings and broadcasting organizations. to photography or any process for making
audio-visual recordings, the term shall be fifty
(50) years from date of publication and, if
Chapter XVI. unpublished, from the date of making. (Sec.
TERM OF PROTECTION 24(C), P.D. No. 49a)
214. Calculation of Term. - The term of c. With knowledge of infringing activity,
protection subsequent to the death of the induces, causes or materially contributes to the
author provided in the preceding Section shall infringing conduct of another.
run from the date of his death or of publication,
216.1. Remedies for Infringement – Any
but such terms shall always be deemed to begin
person infringing a right protected under this
on the first day of January of the year following
law shall be liable:
the event which gave rise to them. (Sec. 25, P.D.
No. 49) a. To an injunction restraining such
infringement. The court may also order the
215. Term of Protection for Performers,
defendant to desist from an infringement,
Producers and Broadcasting Organizations. -
among others, to prevent the entry into the
215.1. The rights granted to performers channels of commerce of imported goods that
and producers of sound recordings under this involve an infringement, immediately after
law shall expire: customs clearance of such goods.

a. For performances not incorporated in b. To pay to the copyright proprietor or his

recordings, fifty (50) years from the end of the assigns or heirs such actual damages, including
year in which the performance took place; and legal costs and other expenses, as he may have
incurred due to the infringement as well as the
b. For sound or image and sound
profits the infringer may have made due to such
recordings and for performances incorporated
infringement, and in proving profits the plaintiff
therein, fifty (50) years from the end of the year
shall be required to prove sales only and the
in which the recording took place.
defendant shall be required to prove every
215.2. In case of broadcasts, the term element of cost which he claims, or, in lieu of
shall be twenty (20) years from the date the actual damages and profits, such damages
broadcast took place. The extended term shall which to the court shall appear to be just and
be applied only to old works with subsisting shall not be regarded as penalty: Provided, That
protection under the prior law. (Sec. 55, P.D. No. the amount of damages to be awarded shall be
49a) doubled against any person who:

Chapter XVII. i.Circumvents effective technological measures;

INFRINGEMENT or

216. Infringement. – Any person infringes a ii.Having reasonable grounds to know that it will
right protected under this Act when one: induce, enable, facilitate or conceal the
infringement, remove or alter any electronic
a. Directly commits an infringement; rights management information from a copy of
b. Benefits from the infringing activity of a work, sound recording, or fixation of a
another person who commits an infringement if performance, or distribute, import for
the person benefiting has been given notice of distribution, broadcast, or communicate to the
the infringing activity and has the right and public works or copies of works without
ability to control the activities of the other authority, knowing that electronic rights
person; management information has been removed or
altered without authority.
c. Deliver under oath, for impounding In case the infringer was not aware and had no
during the pendency of the action, upon such reason to believe that his acts constitute an
terms and conditions as the court may infringement of copyright, the court in its
prescribe, sales invoices and other documents discretion may reduce the award of statutory
evidencing sales, all articles and their packaging damages to a sum of not more than Ten
alleged to infringe a copyright and implements thousand pesos (Php10,000.00): Provided, That
for making them. the amount of damages to be awarded shall be
doubled against any person who:
d. Deliver under oath for destruction
without any compensation all infringing copies i.Circumvents effective technological measures;
or devices, as well as all plates, molds, or other or
means for making such infringing copies as the
ii.Having reasonable grounds to know that it will
court may order.
induce, enable, facilitate or conceal the
e. Such other terms and conditions, infringement, remove or alter any electronic
including the payment of moral and exemplary rights management information from a copy of
damages, which the court may deem proper, a work, sound recording, or fixation of a
wise and equitable and the destruction of performance, or distribute, import for
infringing copies of the work even in the event distribution, broadcast, or communicate to the
of acquittal in a criminal case. public works or copies of works without
authority, knowing that electronic rights
The copyright owner may elect, at any time
management information has been removed or
before final judgment is rendered, to recover
altered without authority.
instead of actual damages and profits, an award
of statutory damages for all infringements 216.2. In an infringement action, the court shall
involved in an action in a sum equivalent to the also have the power to order the seizure and
filing fee of the infringement action but not less impounding of any article which may serve as
than Fifty thousand pesos (Php50,000.00). In evidence in the court proceedings, in
awarding statutory damages, the court may accordance with the rules on search and seizure
consider the following factors: involving violations of intellectual property
rights issued by the Supreme Court. (Sec.28, P.D.
1. The nature and purpose of the
No. 49a)
infringing act;
The foregoing shall not preclude an
2. The flagrancy of the infringement;
independent suit for relief by the injured party
3. Whether the defendant acted in bad by way of damages, injunction, accounts or
faith; otherwise.

4. The need for deterrence; 217. Criminal Penalties. -

5. Any loss that the plaintiff has suffered 217.1. Any person infringing any right
or is likely to suffer by reason of the secured by provisions of Part IV of this Act or
infringement; and aiding or abetting such infringement shall be
guilty of a crime punishable by:
6. Any benefit shown to have accrued to
the defendant by reason of the a. Imprisonment of one (1) year to three
infringement. (3) years plus a fine ranging from Fifty thousand
pesos (P50,000) to One hundred fifty thousand 217.3. Any person who at the time
pesos (P150,000) for the first offense. when copyright subsists in a work has in his
possession an article which he knows, or ought
b. Imprisonment of three (3) years and
to know, to be an infringing copy of the work for
one (1) day to six (6) years plus a fine ranging
the purpose of:
from One hundred fifty thousand pesos
(P150,000) to Five hundred thousand pesos a. Selling, letting for hire, or by way of
(P500,000) for the second offense. trade offering or exposing for sale, or hire, the
article;
c. Imprisonment of six (6) years and one
(1) day to nine (9) years plus a fine ranging from b. Distributing the article for purpose of
Five hundred thousand pesos (P500,000) to One trade, or for any other purpose to an extent that
million five hundred thousand pesos will prejudice the rights of the copyright owner
(P1,500,000) for the third and subsequent in the work; or
offenses.
c. Trade exhibit of the article in public,
d. In all cases, subsidiary imprisonment in shall be guilty of an offense and shall be liable
cases of insolvency. on conviction to imprisonment and fine as
above mentioned. (Sec. 29, P.D. No. 49a)
217.2. In determining the number of
years of imprisonment and the amount of fine, 218. Affidavit Evidence. -
the court shall consider the value of the
218.1. In an action under this Chapter,
infringing materials that the defendant has
an affidavit made before a notary public by or
produced or manufactured and the damage
on behalf of the owner of the copyright in any
that the copyright owner has suffered by reason
work or other subject matter and stating that:
of the infringement: Provided, That the
respective maximum penalty stated in Section a. At the time specified therein, copyright
217.1. (a), (b) and (c) herein for the first, subsisted in the work or other subject matter;
second, third and subsequent offense, shall be
imposed when the infringement is committed b. He or the person named therein is the
by: owner of the copyright; and

a. The circumvention of effective c. The copy of the work or other subject

technological measures; matter annexed thereto is a true copy thereof.

b. The removal or alteration of any The affidavit shall be admitted in

electronic rights management information from evidence in any proceedings under this Chapter
a copy of a work, sound recording, or fixation of and shall be prima facie proof of the matters
a performance, by a person, knowingly and therein stated until the contrary is proved, and
without authority; or the court before which such affidavit is
produced shall assume that the affidavit was
c. The distribution, importation for made by or on behalf of the owner of the
distribution, broadcast, or communication to copyright.
the public of works or copies of works, by a
person without authority, knowing that 218.2. In an action under this Chapter:
electronic rights management information has a. Copyright shall be presumed to subsist
been removed or altered without authority. in the work or other subject matter to which the
action relates if the defendant does not put in 220.1. Where the statement cannot be
issue the question whether copyright subsists in valid under this Act or any other law concerning
the work or other subject matter; and intellectual property.

b. Where the subsistence of the copyright 220.2. Where the statement is

is established, the plaintiff shall be presumed to contradicted by another statement recorded in
be the owner of the copyright if he claims to be the international register. (n)
the owner of the copyright and the defendant
Sec. 220A. Disclosure of Information. -
does not put in issue the question of his
Where any article or its packaging or an
ownership.
implement for making it is seized or detained
c. Where the defendant, without good under a valid search and seizure under this Act
faith, puts in issue the questions of whether is, or is reasonably suspected to be, by an
copyright subsists in a work or other subject authorized enforcement officer, in violation of
matter to which the action relates, or the this Act, the said officer shall, wherever
ownership of copyright in such work or subject reasonably practicable, notify the owner of the
matter, thereby occasioning unnecessary costs copyright in question or his authorized agent of
or delay in the proceedings, the court may the seizure or detention, as the case may be.
direct that any costs to the defendant in respect
of the action shall not be allowed by him and
that any costs occasioned by the defendant to
other parties shall be paid by him to such other
parties. (n)

219. Presumption of Authorship. -

219.1. The natural person whose name

is indicated on a work in the usual manner as
the author shall, in the absence of proof to the
contrary, be presumed to be the author of the
work. This provision shall be applicable even if
the name is a pseudonym, where the
pseudonym leaves no doubt as to the identity of
the author.

219.2. The person or body corporate

whose name appears on an audiovisual work in
the usual manner shall, in the absence of proof
to the contrary, be presumed to be the maker of
said work. (n)

220. International Registration of Works. - A

statement concerning a work, recorded in an
international register in accordance with an
international treaty to which the Philippines is
or may become a party, shall be construed as
true until the contrary is proved except: