EXECUTIVE ORDER NO. 39 - TRANSFERRING THE INTELLECTUAL PROPERTY OFFICE FROM THE DEPARTMENT OF TRADE AND INDUSTRY TO THE OFFICE OF THE EXECUTIVE SECRETARY

WHEREAS, the Intellectual Property Office was created by Republic Act No. 8293 or the “Intellectual Property Code”, to act as the principal government agency tasked to oversee and implement state policies on the protection and enforcement of intellectual property rights;

WHEREAS, under the pertinent provisions of the Intellectual Property Code, the Secretary of the Department of Trade and Industry exercises limited administrative supervision over some of the affairs and operations of the Intellectual Property Office;

WHEREAS, this administration recognizes the vital importance of intellectual property rights, and commits itself to active enforcement and protection thereof, consistent with its international commitments and the on-going campaign to achieve economic growth and national self-sufficiency within the shortest possible time;

WHEREAS, under Section 17, Article VII of the Constitution; The President exercises control over all executive departments, bureaus, and offices.

WHEREAS, Sec. 31, Chapter 10, Title III, Book III of Executive Order (EO) 292, otherwise known as the “Administrative Code of 1987”, grants to the President continuing authority to reorganize the administrative structure of the Office of the President.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. The Intellectual Property Office (IPO) is hereby transferred from the Department of Trade and Industry to the Office of the Executive Secretary.  

Sec. 2. The Office of the Executive Secretary, consistent with the Constitution and the law, shall assume oversight and other functions, administrative or otherwise, over the IPO. However, unless otherwise directed, administrative appeals shall continue to be governed by the relevant provisions of the Intellectual Property Code.

Sec. 3. All orders, issuances, rules and regulations, or parts thereof which are inconsistent with this Executive Order are hereby repealed or modified accordingly.

Sec. 4. This Executive Order shall take effect immediately.

DONE in the City of Manila this 8th day of October in the year of Our Lord, Two Thousand and One.

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