INTELLECTUAL PROPERTY CODE

REPUBLIC ACT NO. 8293 SECTION 4. Definitions. - 4.1. The term “intellectual property rights”
consists of:
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND
ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, a) Copyright and Related Rights;
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER
PURPOSES b) Trademarks and Service Marks;

PART I – The Intellectual Property Office c) Geographic Indications;

SECTION 1. Title. - This Act shall be known as the “Intellectual d) Industrial Designs;
Property Code of the Philippines.” e) Patents;
SECTION 2. Declaration of State Policy. - The State recognizes that f) Layout-Designs (Topographies) of Integrated Circuits; and
an effective intellectual and industrial property system is vital to the
development of domestic and creative activity, facilitates transfer of g) Protection of Undisclosed Information (n, TRIPS).
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 PART II – The Law on Patents
their intellectual property and creations, particularly when
beneficial to the people, for such periods as provided in this Act. CHAPTER I – General Provisions

Patents. - As used in Part II, the following terms shall have the
The use of intellectual property bears a social function. To this end, SECTION 20. Definition of Terms Used in Part II, The Law on
the State shall promote the diffusion of knowledge and information
for the promotion of national development and progress and the following meanings:
common good.
20.1. “Bureau” means the Bureau of Patents;
It is also the policy of the State to streamline administrative
20.2. “Director” means the Director of Patents;
procedures of registering patents, trademarks and copyright, to
liberalize the registration on the transfer of technology, and to 20.3. “Regulations” means the Rules of Practice in Patent Cases
enhance the enforcement of intellectual property rights in the formulated by the Director of Patents and promulgated by the
Philippines. (n) Director General;

20.4. “Examiner” means the patent examiner;

SECTION 3. International Conventions and Reciprocity. - Any 20.5. “Patent application” or “application” means an application for
person who is a national or who is domiciled or has a real and a patent for an invention except in Chapters XII and XIII, where
effective industrial establishment in a country which is a party to “application” means an application for a utility model and an
any convention, treaty or agreement relating to intellectual property industrial design, respectively; and
rights or the repression of unfair competition, to which the
Philippines is also a party, or extends reciprocal rights to nationals 20.6. “Priority date” means the date of filing of the foreign
of the Philippines by law, shall be entitled to benefits to the extent application for the same invention referred to in Section 31 of this
necessary to give effect to any provision of such convention, treaty Act. (n)
or reciprocal law, in addition to the rights to which any owner of an
intellectual property right is otherwise entitled by this Act. (n)
CHAPTER II – Patentability

SECTION 21. Patentable Inventions. - Any technical solution of a Provisions under this subsection shall not preclude Congress to
problem in any field of human activity which is new, involves an consider the enactment of a law providing sui generis protection of
inventive step and is industrially applicable shall be patentable. It plant varieties and animal breeds and a system of community
may be, or may relate to, a product, or process, or an improvement intellectual rights protection:
of any of the foregoing. (Sec. 7, R.A. No. 165a)

SECTION 22. Non-Patentable Inventions. - The following shall be

22.5. Aesthetic creations; and

excluded from patent protection:

22.6. Anything which is contrary to public order or morality. (Sec. 8,
22.1. Discoveries, scientific theories and mathematical methods,
R.A. No. 165a)
and in the case of drugs and medicines, the mere discovery of a
new form or new property of a known substance which does not

SECTION 23. Novelty. - An invention shall not be considered new if

result in the enhancement of the known efficacy of that substance,
or the mere discovery of any new property or new use for a known
substance, or the mere use of a known process unless such known it forms part of a prior art. (Sec. 9, R.A. No. 165a)
process results in a new product that employs at least one new

SECTION 24. Prior Art. - Prior art shall consist of:

reactant.

For the purpose of this clause, salts, esters, ethers, polymorphs,

metabolites, pure form, particle size, isomers, mixtures of isomers, 24.1. Everything which has been made available to the public
complexes, combinations, and other derivatives of a known anywhere in the world, before the filing date or the priority date of
substance shall be considered to be the same substance, unless the application claiming the invention; and
they differ significantly in properties with regard to efficacy;
24.2. The whole contents of an application for a patent, utility
model, or industrial design registration, published in accordance
with this Act, filed or effective in the Philippines, with a filing or
22.2. Schemes, rules and methods of performing mental acts,
priority date that is earlier than the filing or priority date of the
playing games or doing business, and programs for computers;
application: Provided, That the application which has validly
claimed the filing date of an earlier application under Section 31 of
this Act, shall be prior art with effect as of the filing date of such
22.3. Methods for treatment of the human or animal body by earlier application: Provided, further, That the applicant or the
surgery or therapy and diagnostic methods practiced on the human inventor identified in both applications are not one and the same.
or animal body. This provision shall not apply to products and (Sec. 9, R.A. No. 165a)
composition for use in any of these methods;

SECTION 25. Non-Prejudicial Disclosure. - 25.1. The disclosure of

22.4. Plant varieties or animal breeds or essentially biological information contained in the application during the twelve (12)
process for the production of plants or animals. This provision months preceding the filing date or the priority date of the
shall not apply to micro-organisms and non-biological and application shall not prejudice the applicant on the ground of lack
microbiological processes. of novelty if such disclosure was made by:
(a) The inventor; SECTION 29. First to File Rule. - If two (2) or more persons have
made the invention separately and independently of each other, the
(b) A patent office and the information was contained (a) in another right to the patent shall belong to the person who filed an
application filed by the inventor and should not have been application for such invention, or where two or more applications
disclosed by the office, or (b) in an application filed without the are filed for the same invention, to the applicant who has the
knowledge or consent of the inventor by a third party which earliest filing date or, the earliest priority date. (3rd sentence, Sec.
obtained the information directly or indirectly from the inventor; or 10, R.A. No. 165a)
(c) A third party which obtained the information directly or indirectly
from the inventor.
PART III – The Law on Trademarks, Service Marks and Trade Names

SECTION 121. Definitions. - As used in Part III, the following terms

25.2. For the purposes of Subsection 25.1, “inventor” also means
any person who, at the filing date of application, had the right to the
patent. (n) have the following meanings:

121.1. “Mark” means any visible sign capable of distinguishing the

SECTION 26. Inventive Step. - 26.1. An invention involves an
goods (trademark) or services (service mark) of an enterprise and
shall include a stamped or marked container of goods; (Sec. 38,
inventive step if, having regard to prior art, it is not obvious to a R.A. No. 166a)
person skilled in the art at the time of the filing date or priority date
of the application claiming the invention. (n) 121.2. “Collective mark” means any visible sign designated as such
in the application for registration and capable of distinguishing the
26.2. In the case of drugs and medicines, there is no inventive step origin or any other common characteristic, including the quality of
if the invention results from the mere discovery of a new form or goods or services of different enterprises which use the sign under
new property of a known substance which does not result in the the control of the registered owner of the collective mark; (Sec. 40,
enhancement of the known efficacy of that substance, or the mere R.A. No. 166a)
discovery of any new property or new use for a known substance,
or the mere use of a known process unless such known process 121.3. “Trade name” means the name or designation identifying or
results in a new product that employs at least one new reactant. distinguishing an enterprise; (Sec. 38, R.A. No. 166a)

121.4. “Bureau” means the Bureau of Trademarks;

SECTION 27. Industrial Applicability. - An invention that can be 121.5. “Director” means the Director of Trademarks;
produced and used in any industry shall be industrially applicable.
(n) 121.6. “Regulations” means the Rules of Practice in Trademarks
and Service Marks formulated by the Director of Trademarks and
approved by the Director General; and

CHAPTER III – Right to a Patent 121.7. “Examiner” means the trademark examiner. (Sec. 38, R.A. No.
166a)

SECTION 28. Right to a Patent. - The right to a patent belongs to the

inventor, his heirs, or assigns. When two (2) or more persons have SECTION 122. How Marks are Acquired. — The rights in a mark
jointly made an invention, the right to a patent shall belong to them shall be acquired through registration made validly in accordance
jointly. (Sec. 10, R.A. No. 165a) with the provisions of this law. (Sec. 2-A, R.A. No. 166a)
 respect to which registration is applied for: Provided, That use of

SECTION 123. Registrability. - 123.1. A mark cannot be registered if

the mark in relation to those goods or services would indicate a
connection between those goods or services, and the owner of the
it: registered mark: Provided, further, That the interests of the owner
(a) Consists of immoral, deceptive or scandalous matter, or matter of the registered mark are likely to be damaged by such use;
which may disparage or falsely suggest a connection with persons, (g) Is likely to mislead the public, particularly as to the nature,
living or dead, institutions, beliefs, or national symbols, or bring quality, characteristics or geographical origin of the goods or
them into contempt or disrepute; services;
(b) Consists of the flag or coat of arms or other insignia of the (h) Consists exclusively of signs that are generic for the goods or
Philippines or any of its political subdivisions, or of any foreign services that they seek to identify;
nation, or any simulation thereof;
(i) Consists exclusively of signs or of indications that have become
(c) Consists of a name, portrait or signature identifying a particular customary or usual to designate the goods or services in everyday
living individual except by his written consent, or the name, language or in bona fide and established trade practice;
signature, or portrait of a deceased President of the Philippines,
during the life of his widow, if any, except by written consent of the (j) Consists exclusively of signs or of indications that may serve in
widow; trade to designate the kind, quality, quantity, intended purpose,
value, geographical origin, time or production of the goods or
(d) Is identical with a registered mark belonging to a different rendering of the services, or other characteristics of the goods or
proprietor or a mark with an earlier filing or priority date, in respect services;
of:
(k) Consists of shapes that may be necessitated by technical
(i) The same goods or services, or factors or by the nature of the goods themselves or factors that
(ii) Closely related goods or services, or affect their intrinsic value;

(iii) If it nearly resembles such a mark as to be likely to deceive or (l) Consists of color alone, unless defined by a given form; or
cause confusion; (m) Is contrary to public order or morality.
(e) Is identical with, or confusingly similar to, or constitutes a
translation of a mark which is considered by the competent
authority of the Philippines to be well-known internationally and in 123.2. As regards signs or devices mentioned in paragraphs (j), (k),
the Philippines, whether or not it is registered here, as being and (l), nothing shall prevent the registration of any such sign or
already the mark of a person other than the applicant for device which has become distinctive in relation to the goods for
registration, and used for identical or similar goods or services: which registration is requested as a result of the use that have been
Provided, That in determining whether a mark is well-known, made of it in commerce in the Philippines. The Office may accept as
account shall be taken of the knowledge of the relevant sector of prima facie evidence that the mark has become distinctive, as used
the public, rather than of the public at large, including knowledge in in connection with the applicant’s goods or services in commerce,
the Philippines which has been obtained as a result of the proof of substantially exclusive and continuous use thereof by the
promotion of the mark; applicant in commerce in the Philippines for five (5) years before
the date on which the claim of distinctiveness is made.
(f) Is identical with, or confusingly similar to, or constitutes a
translation of a mark considered well-known in accordance with the 123.3. The nature of the goods to which the mark is applied will not
preceding paragraph, which is registered in the Philippines with constitute an obstacle to registration. (Sec. 4, R.A. No. 166a)
respect to goods or services which are not similar to those with
 where the performance can be perceived without the need for
communication within the meaning of Subsection 171.3;
PART IV - The Law on Copyright
171.7. “Published works” means works, which, with the consent of
CHAPTER I – Preliminary Provisions the authors, are made available to the public by wire or wireless
SECTION 171. Definitions. - For the purpose of this Act, the means in such a way that members of the public may access these
following terms have the following meaning: works from a place and time individually chosen by them: Provided,
That availability of such copies has been such, as to satisfy the
171.1. “Author” is the natural person who has created the work; reasonable requirements of the public, having regard to the nature
of the work;
171.2. A “collective work” is a work which has been created by two
(2) or more natural persons at the initiative and under the direction 171.8. “Rental” is the transfer of the possession of the original or a
of another with the understanding that it will be disclosed by the copy of a work or a sound recording for a limited period of time, for
latter under his own name and that contributing natural persons will profit-making purposes;
not be identified;
171.9. “Reproduction” is the making of one (1) or more copies of a
171.3. “Communication to the public” or “communicate to the work or a sound recording in any manner or form (Sec. 41 (E), P.D.
public” means the making of a work available to the public by wire No. 49 a)
or wireless means in such a way that members of the public may
access these works from a place and time individually chosen by 171.10. A “work of applied art” is an artistic creation with utilitarian
them; functions or incorporated in a useful article, whether made by hand
or produced on an industrial scale;
171.4. A “computer” is an electronic or similar device having
information-processing capabilities, and a “computer program” is a 171.11. A “work of the Government of the Philippines” is a work
set of instructions expressed in words, codes, schemes or in any created by an officer or employee of the Philippine Government or
other form, which is capable when incorporated in a medium that any of its subdivisions and instrumentalities, including
the computer can read, of causing the computer to perform or government-owned or controlled corporations as a part of his
achieve a particular task or result; regularly prescribed official duties.

171.5. “Public lending” is the transfer of possession of the original

or a copy of a work or sound recording for a limited period, for non- CHAPTER II - Original Works

SECTION 172. Literary and Artistic Works. - 172.1. Literary and

profit purposes, by an institution the services of which are available
to the public, such as public library or archive;
artistic works, hereinafter referred to as “works”, are original
171.6. “Public performance”, in the case of a work other than an intellectual creations in the literary and artistic domain protected
audiovisual work, is the recitation, playing, dancing, acting or from the moment of their creation and shall include in particular:
otherwise performing the work, either directly or by means of any
device or process; in the case of an audiovisual work, the showing (a) Books, pamphlets, articles and other writings;
of its images in sequence and the making of the sounds
accompanying it audible; and, in the case of a sound recording, (b) Periodicals and newspapers;
making the recorded sounds audible at a place or at places where (c) Lectures, sermons, addresses, dissertations prepared for oral
persons outside the normal circle of a family and that family’s delivery, whether or not reduced in writing or other material form;
closest social acquaintances are or can be present, irrespective of
whether they are or can be present at the same place and at the (d) Letters;
same time, or at different places and/or at different times, and
(e) Dramatic or dramatico-musical compositions; choreographic (b) Collections of literary, scholarly or artistic works, and
works or entertainment in dumb shows; compilations of data and other materials which are original by
reason of the selection or coordination or arrangement of their
(f) Musical compositions, with or without words; contents. (Sec. 2, (P) and (Q), P.D. No. 49)
(g) Works of drawing, painting, architecture, sculpture, engraving, 173.2. The works referred to in paragraphs (a) and (b) of Subsection
lithography or other works of art; models or designs for works of 173.1 shall be protected as new works: Provided, however, That
art such new work shall not affect the force of any subsisting copyright
(h) Original ornamental designs or models for articles of upon the original works employed or any part thereof, or be
manufacture, whether or not registrable as an industrial design, and construed to imply any right to such use of the original works, or to
other works of applied art; secure or extend copyright in such original works. (Sec. 8, P.D. 49;
Art. 10, TRIPS)
(i) Illustrations, maps, plans, sketches, charts and three-
dimensional works relative to geography, topography, architecture
or science; SECTION 174. Published Edition of Work. - In addition to the right
(j) Drawings or plastic works of a scientific or technical character; to publish granted by the author, his heirs, or assigns, the publisher
shall have a copyright consisting merely of the right of
(k) Photographic works including works produced by a process reproduction of the typographical arrangement of the published
analogous to photography; lantern slides; edition of the work. (n)
(l) Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any
process for making audio-visual recordings; CHAPTER IV – Works Not Protected

(m) Pictorial illustrations and advertisements; SECTION 175. Unprotected Subject Matter. - Notwithstanding the
provisions of Sections 172 and 173, no protection shall extend,
(n) Computer programs; and under this law, to any idea, procedure, system, method or
operation, concept, principle, discovery or mere data as such, even
(o) Other literary, scholarly, scientific and artistic works.
if they are expressed, explained, illustrated or embodied in a work;
news of the day and other miscellaneous facts having the character
of mere items of press information; or any official text of a
172.2. Works are protected by the sole fact of their creation, legislative, administrative or legal nature, as well as any official
irrespective of their mode or form of expression, as well as of their translation thereof. (n)
content, quality and purpose. (Sec. 2, P.D. No. 49a)

SECTION 176. Works of the Government. - 176.1. No copyright shall

CHAPTER III – Derivative Works subsist in any work of the Government of the Philippines. However,
SECTION 173. Derivative Works. - 173.1. The following derivative
prior approval of the government agency or office wherein the work
is created shall be necessary for exploitation of such work for
works shall also be protected by copyright:
profit. Such agency or office may, among other things, impose as a
(a) Dramatizations, translations, adaptations, abridgments, condition the payment of royalties. No prior approval or conditions
arrangements, and other alterations of literary or artistic works; and shall be required for the use for any purpose of statutes, rules and
regulations, and speeches, lectures, sermons, addresses, and
dissertations, pronounced, read or rendered in courts of justice,
before administrative agencies, in deliberative assemblies and in 177.7. Other communication to the public of the work. (Sec. 5, P.D.
meetings of public character. (Sec. 9, first par., P.D. No. 49) No. 49a)

176.2. The author of speeches, lectures, sermons, addresses, and CHAPTER VI – Ownership of Copyright
dissertations mentioned in the preceding paragraphs shall have the
exclusive right of making a collection of his works. (n)
SECTION 178. Rules on Copyright Ownership. - Copyright
ownership shall be governed by the following rules:
176.3. Notwithstanding the foregoing provisions, the Government is
not precluded from receiving and holding copyrights transferred to 178.1. Subject to the provisions of this section, in the case of
it by assignment, bequest or otherwise; nor shall publication or original literary and artistic works, copyright shall belong to the
republication by the Government in a public document of any work author of the work;
in which copyright is subsisting be taken to cause any abridgment 178.2. In the case of works of joint authorship, the co-authors shall
or annulment of the copyright or to authorize any use or be the original owners of the copyright and in the absence of
appropriation of such work without the consent of the copyright agreement, their rights shall be governed by the rules on co-
owner. (Sec. 9, third par., P.D. No. 49) ownership. If, however, a work of joint authorship consists of parts
that can be used separately and the author of each part can be
identified, the author of each part shall be the original owner of the
CHAPTER V – Copyright or Economic Rights copyright in the part that he has created;

SECTION 177. Copyright or Economic Rights. - Subject to the 178.3. In the case of work created by an author during and in the
provisions of Chapter VIII, copyright or economic rights shall course of his employment, the copyright shall belong to:
consist of the exclusive right to carry out, authorize or prevent the
following acts: (a) The employee, if the creation of the object of copyright is not a
part of his regular duties even if the employee uses the time,
177.1. Reproduction of the work or substantial portion of the work; facilities and materials of the employer.

177.2. Dramatization, translation, adaptation, abridgment, (b) The employer, if the work is the result of the performance of his
arrangement or other transformation of the work; regularly-assigned duties, unless there is an agreement, express or
implied, to the contrary.
177.3. The first public distribution of the original and each copy of
the work by sale or other forms of transfer of ownership;

177.4. Rental of the original or a copy of an audiovisual or 178.4. In the case of a work commissioned by a person other than
cinematographic work, a work embodied in a sound recording, a an employer of the author and who pays for it and the work is made
computer program, a compilation of data and other materials or a in pursuance of the commission, the person who so commissioned
musical work in graphic form, irrespective of the ownership of the the work shall have ownership of the work, but the copyright
original or the copy which is the subject of the rental; (n) thereto shall remain with the creator, unless there is a written
stipulation to the contrary;
177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

178.5. In the case of audiovisual work, the copyright shall belong to
the producer, the author of the scenario, the composer of the
music, the film director, and the author of the work so adapted.
However, subject to contrary or other stipulations among the
creators, the producer shall exercise the copyright to an extent
required for the exhibition of the work in any manner, except for the
right to collect performing license fees for the performance of
musical compositions, with or without words, which are
incorporated into the work; and

178.6. In respect of letters, the copyright shall belong to the writer

subject to the provisions of Article 723 of the Civil Code. (Sec. 6,
P.D. No. 49a)