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GENERAL
OVERVIEW
 The law:
State policy declaration:
The State
recognizes
that an effective intellectual and industrial property system is vital
to the development of domestic and creative activity, facilitates
transfer
of technology, attracts foreign investments, and ensures market access
for our products. It shall protect and secure the exclusive
rights
of scientists, inventors, artists and other gifted citizens to their
intellectual
property and creations, particularly when beneficial to the people, for
such periods as provided in this Act.
The use of
intellectual
property bears a social function. To this end, the State shall
promote
the diffusion of knowledge and information for the promotion of
national
development and progress and the common good.
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.
Effect on international conventions and on
principle
of 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.
Laws repealed:
Republic Act
No.
8293 repealed all Acts and parts of Acts inconsistent therewith, more
particularly:
1. Republic Act No. 165, as amended[An Act Creating a Patent Office, Prescribing its Powers and Duties,
Regulating
the Issuance of Patents, and Appropriating Funds Therefor];
2. Republic Act No. 166, as amended[An
Act to Provide for the Registration and Protection of Trademarks,
Trade-Names,
and Service-Marks, Defining Unfair Competition and False Marking and
Providing
Remedies Against the Same, and for Other Purposes].cralaw:red
3. Presidential Decree No. 49[Decree
on the Protection of Intellectual Property];
4. Presidential Decree No. 285, as amended[Decree
on the Protection of Intellectual Property];
5.
Articles 188 and 189 of the Revised Penal Code of the Philippines.
Parts of the law:
The
Intellectual
Property Code of the Philippines is divided into five [5] parts, to wit:
PART I - The
Intellectual
Property Office
PART II - The Law on Patents
PART III - The Law on Trademarks,
Service
Marks and Trade Names
PART IV - The Law on Copyright
PART V - Final
Provisions
Intellectual property rights under the I. P.
Code:
The
intellectual
property rights under the Intellectual Property Code are as follows:
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs [topographies] of integrated circuits; and
7. Protection of undisclosed information.
Government Agencies:
The agency of
the
government in charge of the implementation of the Intellectual Property
Code is the Intellectual Property Office which replaced the Bureau of
Patents,
Trademarks and Technology Transfer. It is divided into six [6]
Bureaus,
namely:
[1] Bureau of Patents;
[2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
[4] Documentation, Information and Technology Transfer Bureau;
[5] Management Information System and EDP Bureau; and
[6] Administrative, Financial and Personnel Services Bureau.
Functions of the Intellectual Property Office:
The
Intellectual
Property Office is mandated under the law to:
1. Examine applications for the grant of letters patent for
inventions
and register utility models and industrial designs;
2. Examine applications for the registration of marks, geographic
indication and integrated circuits;
3. Register technology transfer arrangements and settle disputes
involving technology transfer payments covered by the provisions of
Part
II, Chapter IX on Voluntary Licensing and develop and implement
strategies
to promote and facilitate technology transfer;
4. Promote the use of patent information as a tool for technology
development;
5. Publish regularly in its own publication the patents, marks,
utility
models and industrial designs, issued and approved, and the technology
transfer arrangements registered;
6. Administratively adjudicate contested proceedings affecting
intellectual
property rights;
and
7. Coordinate with other government agencies and the private
sector
efforts to formulate and implement plans and policies to strengthen the
protection of intellectual property rights in the country.
Significant features of the law:
1. A shift was made from the "first-to-invent system" under R. A.
165 [old law] to "first-to-file system" under the new law.
2. In the case of inventions, the period of the grant was
increased
from 17 years from grant under the old law to 20 years from date of
filing
under the new law.
3. In the case of utility models, the previous grant of 5 years plus
renewals
of 5 years each under the old law was changed to 7 years without
renewal
under the new law.
4. In the case of industrial designs, the previous grant of 5
years
plus renewals of 5 years each was maintained.
5. Under the old law, there was no opposition proceedings and the
examination is mandatory; under the new law, the examination is made
only
upon request [possibly with or without examination].
6. Under the old law, publication is made after the grant; under
the new law, publication is effected after 18 months from filing date
or
priority date.
7. Under the old law, the penalties for repetition of
infringement
are: PhP10,000 and/or 5 years of imprisonment and the offense
prescribes
in 2 years; under the present law, the penalties range from PhP100,000
to PhP300,000 and/or 6 months to 3 years of imprisonment and the
offense
prescribes in 3 years.
Significant changes in the trademark law:
The significant changes in the trademark law under the old law [R. A.
No.
166] and the present law are as follows:
1. Under the former, the element of use before filing a local
application
is a requirement although this is not required when the application is
based on foreign registration; while under the latter, the element of
use
has been eliminated as a requirement for application.
2. Under the former, the term granted is 20 years renewable for
20-year
periods; while under the latter, the term is for 10 years, renewable
for
10-year periods.
3. Under the former, the affidavit of use or non-use is required
on the 5th, 10th and 15th anniversaries; while under the latter, proof
of use within 3 years from the filing of the application is required
and
the affidavit of use should be filed within 1 year from the 5th
anniversary.
4. Under the former, a Supplemental Register is required to be
maintained;
while under the latter, it is no longer required.
5. Under the former law, penalties for infringement, unfair
competition,
false designation of origin and false description or representation
range
from fine of PhP500 to PhP2,000 and/or 6 months to 3 years and 4 months
of imprisonment; while under the latter law, the penalties range from
fine
of PhP50,000 to PhP200,000 and/or 2 to 5 years of imprisonment.
Significant changes in the copyright law:
It is now required
that after the first public dissemination of performance by authority
of
the copyright owner of certain specified work, there shall, for the
purpose
of completing the records of the National Library and the Supreme Court
library, within three (3) weeks, be registered and deposited with it,
by
personal delivery or by registered mail, two (2) complete copies or
reproductions
of the work in such form as the directors of said libraries may
prescribe.cralaw:red
The scheme of penalties
for infringement has also been changed. From the previous fine of
Php200 to Php2,000 and/or imprisonment of 1 year, the current range of
penalties are as follows:
For first offenders - fine of PhP50,000 to PhP150,000 and/or
imprisonment
of 1 to 3 years
For second offenders - fine of PhP150,000 to PhP500,000 and/or
imprisonment
of 3 to 6
years
For third and subsequent offenders - fine of PhP500,000 to PhP1.5
Million
and/or
imprisonment
of 6 to 9 years.
In case of insolvency, the offender shall furthermore suffer subsidiary
imprisonment.
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