Sophia S.
Catuiran BSA 2 AEC 120
REPUBLIC ACT NO. 8293
June 06, 1997
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR
OTHER PURPOSES
The State recognizes that an effective intellectual and industrial property system is vital to the development of
domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures
market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists
and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people,
for such periods as provided in this Act.
It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and
copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of
intellectual property rights in the Philippines.
International Conventions and Reciprocity. – Any person who is a national or who is domiciled or has a real
and effective industrial establishment in a country which is a party to any convention, treaty or agreement
relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a
party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the
extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the
rights to which any owner of an intellectual property right is otherwise entitled by this Act.
The term "intellectual property rights" consists of:
Copyright and Related Rights;
Trademarks and Service Marks;
Geographic Indications;
Industrial Designs;
Patents;
Layout-Designs (Topographies) of Integrated Circuits; and
Protection of Undisclosed Information (n, TRIPS).
Functions of the Intellectual Property Office (IPO):
a) Examine applications for grant of letters patent for inventions and register utility models and industrial
designs;
b) Examine applications for the registration of marks, geographic indication, integrated circuits;
c) Register technology transfer arrangements and settle disputes involving technology transfer payments
covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement
strategies to promote and facilitate technology transfer;
d) Promote the use of patent information as a tool for technology development;
e) Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued
and approved, and the technology transfer arrangements registered;
f) Administratively adjudicate contested proceedings affecting intellectual property rights; and
g) Coordinate with other government agencies and the private sector efforts to formulate and implement
plans and policies to strengthen the protection of intellectual property rights in the country.
CHAPTER 1: General Provisions The patent holder can sell, license, or
assign the rights.
Establishes the Intellectual Property
Code as the governing law for
intellectual property in the Philippines.
Recognizes intellectual property CHAPTER 4: Non-Patentable Inventions
rights (IPR) to encourage creativity,
innovation, and fair competition. The following cannot be patented:
Ensures compliance with international
treaties, such as the TRIPS Agreement 1. Scientific discoveries, mathematical
(Trade-Related Aspects of Intellectual methods, and natural laws.
Property Rights) under the World 2. Abstract theories and mental processes.
Trade Organization (WTO). 3. Plants and animals, except for
microorganisms and genetically
modified organisms.
4. Methods for medical treatment (except
CHAPTER 2: The Intellectual Property pharmaceutical products).
Office 5. Aesthetic creations (e.g., art and music).
Creation of IPO: The Intellectual
Property Office (IPO) is responsible for
administering and enforcing IP laws. CHAPTER 5: Rights and Obligations of a
IPO Structure: It consists of the Patent Owner
following bureaus:
o Bureau of Patents (BOP) The patent holder has the exclusive
o Bureau of Trademarks (BOT) right to manufacture, sell, and use the
o Bureau of Copyright and invention.
Related Rights (BCRR) Others must obtain permission
o Bureau of Legal Affairs (BLA) (license) to use the invention.
o Documentation, Information, The patent owner must maintain the
and Technology Transfer patent by paying renewal fees.
Bureau If the invention is not used for four
The Director General leads the IPO years from filing (or three years from
and reports to the President. grant), others may apply for
compulsory licensing.
CHAPTER 3: Patents
CHAPTER 6: Cancellation of Patents and
Definition: A patent is an exclusive right Substitution of Lost Patents
granted for an invention.
Patentability Requirements: Patents can be canceled if:
o The invention must be new (not o The invention was not new or
previously disclosed). patentable.
o It must have an inventive step o The patent was obtained
(not obvious to experts in the fraudulently.
field). o The patent holder violates
o It must be industrially competition laws.
applicable (capable of being If a patent certificate is lost, a new one
used in industry). can be issued.
Term of Protection: A patent is valid for
20 years from the filing date.
CHAPTER 7: Remedies for Infringement of 3. Publication in the IPO Gazette for
Patents opposition.
4. Issuance of the Certificate of
A patent owner can file a lawsuit if Registration.
someone uses the invention without
permission.
Penalties for infringement:
o Civil damages: The infringer CHAPTER 11: Cancellation and
must pay financial compensation. Infringement of Marks
o Injunction: A court order
stopping further use of the A trademark can be canceled if:
invention. o It is misleading or deceptive.
o Seizure: Authorities can o It is not used for three
confiscate illegal copies or consecutive years.
counterfeit products. o It was registered in bad faith.
Trademark infringement includes:
o Unauthorized use of a mark
causing confusion.
CHAPTER 8: Assignment and Transmission o Producing counterfeit goods with
of Rights a registered trademark.
Patents can be transferred, assigned,
or licensed through written agreements.
The IPO must be notified of any CHAPTER 12: Trade Names and Unfair
transfer of patent ownership. Competition
A trade name must not mislead
consumers.
CHAPTER 9: Trademarks, Service Marks, Unfair competition occurs when a
and Trade Names business imitates another to deceive
consumers.
A trademark is a word, logo, or symbol
that distinguishes a product.
A service mark is similar but applies to
services. CHAPTER 13: Copyright and Related Rights
A trade name is the name of a business
or enterprise. Copyright protects literary, artistic, and
Trademark registration lasts for 10 musical works.
years, renewable indefinitely. Automatic protection: No registration
is required.
Duration:
o Lifetime of the author + 50 years
CHAPTER 10: Acquisition of Ownership of after death.
Mark o For corporate-owned works,
protection lasts 50 years from
The first person to file a trademark publication.
application is granted ownership.
Trademark registration process:
1. Filing of an application with IPO.
2. Examination by the Bureau of
Trademarks.
CHAPTER 14: Limitations on Copyright CHAPTER 17: Rights of Performers,
Producers, and Broadcasting Organizations
Fair Use Doctrine: Allows limited use
for education, research, news reporting, Protects musicians, actors,
and criticism. filmmakers, and broadcasters from
Reproduction without consent is unauthorized use.
allowed for libraries, archives, and
personal study.
CHAPTER 18: Design Protection
CHAPTER 15: Moral and Economic Rights Industrial designs (e.g., product
of Authors appearance) are protected for 5 years,
renewable up to 15 years.
Moral rights: The design must be new and original.
o The author has the right to be
credited for their work.
o They can object to unauthorized
modifications. CHAPTER 19: Utility Models and Layout
Economic rights: The right to earn from Designs of Integrated Circuits
sales, reproduction, and licensing.
Utility models: Small inventions with
industrial use.
Layout designs: Circuit board designs
CHAPTER 16: Infringement of Copyright used in electronics.
and Remedies Protection lasts 7–10 years.
Civil and criminal penalties apply for
unauthorized use.
Courts can order seizure of pirated CHAPTER 20: Geographical Indications
materials.
Fines and imprisonment for copyright Protects products associated with
infringement. specific locations (e.g., Taal
embroidery, Guimaras mangoes).
Prevents misuse of geographical
names.