Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress
Republic Act No. 8293 June 6, 199
AN ACT PR!"CR#$#N% T&! #NT!''!CT(A' PR)P!RT* C)+!
AN+ !"TA$'#"&#N% T&! #NT!''!CT(A' PR)P!RT* ),,#C!,
PR)-#+#N% ,)R #T" P).!R" AN+ ,(NCT#)N", AN+ ,)R
)T&!R P(RP)"!"
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
PART #
T&! #NT!''!CT(A' PR)P!RT* ),,#C!
"ection 1. Title. - This Act shall be known as the "Intellectual Property Code of
the Philippines."
"ection 2. Declaration of State Policy. - The State reconi!es that an effecti"e
intellectual and industrial property syste# is "ital to the de"elop#ent of
do#estic and creati"e acti"ity$ facilitates transfer of technoloy$ attracts forein
in"est#ents$ and ensures #arket access for our products. It shall protect and
secure the e%clusi"e rihts of scientists$ in"entors$ artists and other ifted
citi!ens to their intellectual property and creations$ particularly when beneficial
to the people$ for such periods as pro"ided in this Act.
The use of intellectual property bears a social function. To this end$ the State
shall pro#ote the diffusion of knowlede and infor#ation for the pro#otion of
national de"elop#ent and proress and the co##on ood.
It is also the policy of the State to strea#line ad#inistrati"e procedures of
reisterin patents$ trade#arks and copyriht$ to liberali!e the reistration on
the transfer of technoloy$ and to enhance the enforce#ent of intellectual
property rihts in the Philippines. &n'
"ection 3. International Conventions and Reciprocity. - Any person who is a
national or who is do#iciled or has a real and effecti"e industrial establish#ent
in a country which is a party to any con"ention$ treaty or aree#ent relatin to
intellectual property rihts or the repression of unfair co#petition$ to which the
Philippines is also a party$ or e%tends reciprocal rihts to nationals of the
Philippines by law$ shall be entitled to benefits to the e%tent necessary to i"e
effect to any pro"ision of such con"ention$ treaty or reciprocal law$ in addition
to the rihts to which any owner of an intellectual property riht is otherwise
entitled by this Act. &n'
"ection /. Definitions. - (.). The ter# "intellectual property rihts" consists of:
a' Copyriht and *elated *ihts+
b' Trade#arks and Ser"ice Marks+
c' ,eoraphic Indications+
d' Industrial -esins+
e' Patents+
f' .ayout--esins &Toporaphies' of Interated Circuits+ and
' Protection of /ndisclosed Infor#ation &n$ T*IPS'.
(.0. The ter# "technoloy transfer arrane#ents" refers to contracts or
aree#ents in"ol"in the transfer of syste#atic knowlede for the #anufacture
of a product$ the application of a process$ or renderin of a ser"ice includin
#anae#ent contracts+ and the transfer$ assin#ent or licensin of all for#s of
intellectual property rihts$ includin licensin of co#puter software e%cept
co#puter software de"eloped for #ass #arket.
(.1. The ter# "2ffice" refers to the Intellectual Property 2ffice created by this
Act.
(.(. The ter# "IP2 ,a!ette" refers to the a!ette published by the 2ffice under
this Act. &n'
"ection 0. unctions of the Intellectual Property !ffice "IP!#. - 3.). To
ad#inister and i#ple#ent the State policies declared in this Act$ there is hereby
created the Intellectual Property 2ffice &IP2' which shall ha"e the followin
functions:
a' 4%a#ine applications for rant of letters patent for in"entions and
reister utility #odels and industrial desins+
b' 4%a#ine applications for the reistration of #arks$ eoraphic
indication$ interated circuits+
c' *eister technoloy transfer arrane#ents and settle disputes
in"ol"in technoloy transfer pay#ents co"ered by the pro"isions of
Part II$ Chapter I5 on 6oluntary .icensin and de"elop and
i#ple#ent strateies to pro#ote and facilitate technoloy transfer+
d' Pro#ote the use of patent infor#ation as a tool for technoloy
de"elop#ent+
e' Publish reularly in its own publication the patents$ #arks$ utility
#odels and industrial desins$ issued and appro"ed$ and the
technoloy transfer arrane#ents reistered+
f' Ad#inistrati"ely ad7udicate contested proceedins affectin
intellectual property rihts+ and
' Coordinate with other o"ern#ent aencies and the pri"ate sector
efforts to for#ulate and i#ple#ent plans and policies to strenthen the
protection of intellectual property rihts in the country.
3.0. The 2ffice shall ha"e custody of all records$ books$ drawins$
specifications$ docu#ents$ and other papers and thins relatin to intellectual
property rihts applications filed with the 2ffice. &n'
"ection 6. The !rgani$ational Structure of the IP!. - 8.). The 2ffice shall be
headed by a -irector ,eneral who shall be assisted by two &0' -eputies
-irector ,eneral.
8.0. The 2ffice shall be di"ided into si% &8' 9ureaus$ each of which shall be
headed by a -irector and assisted by an Assistant -irector. These 9ureaus are:
a' The 9ureau of Patents+
b' The 9ureau of Trade#arks+
c' The 9ureau of .eal Affairs+
d' The -ocu#entation$ Infor#ation and Technoloy Transfer 9ureau+
e' The Manae#ent Infor#ation Syste# and 4-P 9ureau+ and
f' The Ad#inistrati"e$ :inancial and Personnel Ser"ices 9ureau.
8.1. The -irector ,eneral$ -eputies -irector ,eneral$ -irectors and Assistant
-irectors shall be appointed by the President$ and the other officers and
e#ployees of the 2ffice by the Secretary of Trade and Industry$ confor#ably
with and under the Ci"il Ser"ice .aw. &n'
"ection . The Director %eneral and Deputies Director %eneral. - ;.).
:unctions. - The -irector ,eneral shall e%ercise the followin powers and
functions:
a' Manae and direct all functions and acti"ities of the 2ffice$
includin the pro#ulation of rules and reulations to i#ple#ent the
ob7ecti"es$ policies$ plans$ prora#s and pro7ects of the 2ffice:
Pro"ided$ That in the e%ercise of the authority to propose policies and
standards in relation to the followin: &)' the effecti"e$ efficient$ and
econo#ical operations of the 2ffice re<uirin statutory enact#ent+ &0'
coordination with other aencies of o"ern#ent in relation to the
enforce#ent of intellectual property rihts+ &1' the reconition of
attorneys$ aents$ or other persons representin applicants or other
parties before the 2ffice+ and &(' the establish#ent of fees for the
filin and processin of an application for a patent$ utility #odel or
industrial desin or #ark or a collecti"e #ark$ eoraphic indication
and other #arks of ownership$ and for all other ser"ices perfor#ed
and #aterials furnished by the 2ffice$ the -irector ,eneral shall be
sub7ect to the super"ision of the Secretary of Trade and Industry+
b' 4%ercise e%clusi"e appellate 7urisdiction o"er all decisions rendered
by the -irector of .eal Affairs$ the -irector of Patents$ the -irector
of Trade#arks$ and the -irector of the -ocu#entation$ Infor#ation
and Technoloy Transfer 9ureau. The decisions of the -irector
,eneral in the e%ercise of his appellate 7urisdiction in respect of the
decisions of the -irector of Patents$ and the -irector of Trade#arks
shall be appealable to the Court of Appeals in accordance with the
*ules of Court+ and those in respect of the decisions of the -irector of
-ocu#entation$ Infor#ation and Technoloy Transfer 9ureau shall be
appealable to the Secretary of Trade and Industry+ and
c' 4%ercise oriinal 7urisdiction to resol"e disputes relatin to the
ter#s of a license in"ol"in the author=s riht to public perfor#ance or
other co##unication of his work. The decisions of the -irector
,eneral in these cases shall be appealable to the Secretary of Trade
and Industry.
;.0. >ualifications. - The -irector ,eneral and the -eputies -irector ,eneral
#ust be natural born citi!ens of the Philippines$ at least thirty-fi"e &13' years of
ae on the day of their appoint#ent$ holders of a collee deree$ and of pro"en
co#petence$ interity$ probity and independence: Pro"ided$ That the -irector
,eneral and at least one &)' -eputy -irector ,eneral shall be #e#bers of the
Philippine 9ar who ha"e enaed in the practice of law for at least ten &)?'
years: Pro"ided further$ That in the selection of the -irector ,eneral and the
-eputies -irector ,eneral$ consideration shall be i"en to such <ualifications
as would result$ as far as practicable$ in the balanced representation in the
-irectorate ,eneral of the "arious fields of intellectual property.
;.1. Ter# of 2ffice. - The -irector ,eneral and the -eputies -irector ,eneral
shall be appointed by the President for a ter# of fi"e &3' years and shall be
eliible for reappoint#ent only once: Pro"ided$ That the first -irector ,eneral
shall ha"e a first ter# of se"en &;' years. Appoint#ent to any "acancy shall be
only for the une%pired ter# of the predecessor.
;.(. The 2ffice of the -irector ,eneral. - The 2ffice of the -irector ,eneral
shall consist of the -irector ,eneral and the -eputies -irector ,eneral$ their
i##ediate staff and such 2ffices and Ser"ices that the -irector ,eneral will set
up to support directly the 2ffice of the -irector ,eneral. &n'
"ection 8. The Bureau of Patents. - The 9ureau of Patents shall ha"e the
followin functions:
@.). Search and e%a#ination of patent applications and the rant of patents+
@.0. *eistration of utility #odels$ industrial desins$ and interated circuits+
and
@.1. Conduct studies and researches in the field of patents in order to assist the
-irector ,eneral in for#ulatin policies on the ad#inistration and e%a#ination
of patents. &n'
"ection 9. The Bureau of Trademar&s. - The 9ureau of Trade#arks shall ha"e
the followin functions:
A.). Search and e%a#ination of the applications for the reistration of #arks$
eoraphic indications and other #arks of ownership and the issuance of the
certificates of reistration+ and
A.0. Conduct studies and researches in the field of trade#arks in order to assist
the -irector ,eneral in for#ulatin policies on the ad#inistration and
e%a#ination of trade#arks. &n'
"ection 11. The Bureau of 'egal (ffairs. - The 9ureau of .eal Affairs shall
ha"e the followin functions:
)?.). Bear and decide opposition to the application for reistration of #arks+
cancellation of trade#arks+ sub7ect to the pro"isions of Section 8($ cancellation
of patents$ utility #odels$ and industrial desins+ and petitions for co#pulsory
licensin of patents+
)?.0. &a' 4%ercise oriinal 7urisdiction in ad#inistrati"e co#plaints for
"iolations of laws in"ol"in intellectual property rihts: Pro"ided$ That its
7urisdiction is li#ited to co#plaints where the total da#aes clai#ed are not
less than Two hundred thousand pesos &P0??$???': Pro"ided further$ That
a"ail#ent of the pro"isional re#edies #ay be ranted in accordance with the
*ules of Court. The -irector of .eal Affairs shall ha"e the power to hold and
punish for conte#pt all those who disreard orders or writs issued in the course
of the proceedins. &n'
&b' After for#al in"estiation$ the -irector for .eal Affairs #ay
i#pose one &)' or #ore of the followin ad#inistrati"e penalties:
&i' The issuance of a cease and desist order which shall
specify the acts that the respondent shall cease and desist
fro# and shall re<uire hi# to sub#it a co#pliance report
within a reasonable ti#e which shall be fi%ed in the order+
&ii' The acceptance of a "oluntary assurance of co#pliance or
discontinuance as #ay be i#posed. Such "oluntary assurance
#ay include one or #ore of the followin:
&)' An assurance to co#ply with the pro"isions of
the intellectual property law "iolated+
&0' An assurance to refrain fro# enain in
unlawful and unfair acts and practices sub7ect of the
for#al in"estiation+
&1' An assurance to recall$ replace$ repair$ or refund
the #oney "alue of defecti"e oods distributed in
co##erce+ and
&(' An assurance to rei#burse the co#plainant the
e%penses and costs incurred in prosecutin the case
in the 9ureau of .eal Affairs.
The -irector of .eal Affairs #ay also re<uire the
respondent to sub#it periodic co#pliance reports and file a
bond to uarantee co#pliance of his undertakin+
&iii' The conde#nation or sei!ure of products which are
sub7ect of the offense. The oods sei!ed hereunder shall be
disposed of in such #anner as #ay be dee#ed appropriate by
the -irector of .eal Affairs$ such as by sale$ donation to
distressed local o"ern#ents or to charitable or relief
institutions$ e%portation$ recyclin into other oods$ or any
co#bination thereof$ under such uidelines as he #ay
pro"ide+
&i"' The forfeiture of paraphernalia and all real and personal
properties which ha"e been used in the co##ission of the
offense+
&"' The i#position of ad#inistrati"e fines in such a#ount as
dee#ed reasonable by the -irector of .eal Affairs$ which
shall in no case be less than :i"e thousand pesos &P3$???' nor
#ore than 2ne hundred fifty thousand pesos &P)3?$???'. In
addition$ an additional fine of not #ore than 2ne thousand
pesos &P)$???' shall be i#posed for each day of continuin
"iolation+
&"i' The cancellation of any per#it$ license$ authority$ or
reistration which #ay ha"e been ranted by the 2ffice$ or
the suspension of the "alidity thereof for such period of ti#e
as the -irector of .eal Affairs #ay dee# reasonable which
shall not e%ceed one &)' year+
&"ii' The withholdin of any per#it$ license$ authority$ or
reistration which is bein secured by the respondent fro#
the 2ffice+
&"iii' The assess#ent of da#aes+
&i%' Censure+ and
&%' 2ther analoous penalties or sanctions. &Secs. 8$ ;$ @$ and
A$ 4%ecuti"e 2rder Co. A)1 D)A@1Ea'
)?.1. The -irector ,eneral #ay by *eulations establish the procedure to
o"ern the i#ple#entation of this Section. &n'
"ection 11. The Documentation) Information and Technology Transfer Bureau.
- The -ocu#entation$ Infor#ation and Technoloy Transfer 9ureau shall ha"e
the followin functions:
)).). Support the search and e%a#ination acti"ities of the 2ffice throuh the
followin acti"ities:
&a' Maintain and upkeep classification syste#s whether they be
national or international such as the International Patent Classification
&IPC' syste#+
&b' Pro"ide ad"isory ser"ices for the deter#ination of search patterns+
&c' Maintain search files and search roo#s and reference libraries+ and
&d' Adapt and packae industrial property infor#ation.
)).0. 4stablish networks or inter#ediaries or reional representati"es+
)).1. 4ducate the public and build awareness on intellectual property throuh
the conduct of se#inars and lectures$ and other si#ilar acti"ities+
)).(. 4stablish workin relations with research and de"elop#ent institutions as
well as with local and international intellectual property professional roups
and the like+
)).3. Perfor# state-of-the-art searches+
)).8. Pro#ote the use of patent infor#ation as an effecti"e tool to facilitate the
de"elop#ent of technoloy in the country+
)).;. Pro"ide technical$ ad"isory$ and other ser"ices relatin to the licensin
and pro#otion of technoloy$ and carry out an efficient and effecti"e prora#
for technoloy transfer+ and
)).@. *eister technoloy transfer arrane#ents$ and settle disputes in"ol"in
technoloy transfer pay#ents. &n'
"ection 12. The *anagement Information Services and +DP Bureau. - The
Manae#ent Infor#ation Ser"ices and 4-P 9ureau shall:
)0.). Conduct auto#ation plannin$ research and de"elop#ent$ testin of
syste#s$ contracts with fir#s$ contractin$ purchase and #aintenance of
e<uip#ent$ desin and #aintenance of syste#s$ user consultation$ and the like+
and
)0.0. Pro"ide #anae#ent infor#ation support and ser"ice to the 2ffice. &n'
"ection 13. The (dministrative) inancial and Human Resource Development
Service Bureau. - )1.). The Ad#inistrati"e Ser"ice shall: &a' Pro"ide ser"ices
relati"e to procure#ent and allocation of supplies and e<uip#ent$
transportation$ #essenerial work$ cashierin$ pay#ent of salaries and other
2ffice=s obliations$ office #aintenance$ proper safety and security$ and other
utility ser"ices+ and co#ply with o"ern#ent reulatory re<uire#ents in the
areas of perfor#ance appraisal$ co#pensation and benefits$ e#ploy#ent
records and reports+
&b' *ecei"e all applications filed with the 2ffice and collect fees
therefor$ and
&c' Publish patent applications and rants$ trade#ark applications$ and
reistration of #arks$ industrial desins$ utility #odels$ eoraphic
indication$ and lay-out-desins of interated circuits reistrations.
)1.0. The Patent and Trade#ark Ad#inistration Ser"ices shall perfor# the
followin functions a#on others:
&a' Maintain reisters of assin#ents$ #erins$ licenses$ and
biblioraphic on patents and trade#arks+
&b' Collect #aintenance fees$ issue certified copies of docu#ents in its
custody and perfor# si#ilar other acti"ities+ and
&c' Bold in custody all the applications filed with the office$ and all
patent rants$ certificate of reistrations issued by the office$ and the
like.
)1.1. The :inancial Ser"ice shall for#ulate and #anae a financial prora# to
ensure a"ailability and proper utili!ation of funds+ pro"ide for an effecti"e
#onitorin syste# of the financial operations of the 2ffice+ and
)1.(. The Bu#an *esource -e"elop#ent Ser"ice shall desin and i#ple#ent
hu#an resource de"elop#ent plans and prora#s for the personnel of the
2ffice+ pro"ide for present and future #anpower needs of the orani!ation+
#aintain hih #orale and fa"orable e#ployee attitudes towards the
orani!ation throuh the continuin desin and i#ple#entation of e#ployee
de"elop#ent prora#s. &n'
"ection 1/. ,se of Intellectual Property Rights ees by the IP!. - )(.). :or a
#ore effecti"e and e%peditious i#ple#entation of this Act$ the -irector
,eneral shall be authori!ed to retain$ without need of a separate appro"al fro#
any o"ern#ent aency$ and sub7ect only to the e%istin accountin and
auditin rules and reulations$ all the fees$ fines$ royalties and other chares$
collected by the 2ffice under this Act and the other laws that the 2ffice will be
#andated to ad#inister$ for use in its operations$ like upradin of its facilities$
e<uip#ent outlay$ hu#an resource de"elop#ent$ and the ac<uisition of the
appropriate office space$ a#on others$ to i#pro"e the deli"ery of its ser"ices
to the public. This a#ount$ which shall be in addition to the 2ffice=s annual
budet$ shall be deposited and #aintained in a separate account or fund$ which
#ay be used or disbursed directly by the -irector ,eneral.
)(.0. After fi"e &3' years fro# the co#in into force of this Act$ the -irector
,eneral shall$ sub7ect to the appro"al of the Secretary of Trade and Industry$
deter#ine if the fees and chares #entioned in Subsection )(.) hereof that the
2ffice shall collect are sufficient to #eet its budetary re<uire#ents. If so$ it
shall retain all the fees and chares it shall collect under the sa#e conditions
indicated in said Subsection )(.) but shall forthwith$ cease to recei"e any funds
fro# the annual budet of the Cational ,o"ern#ent+ if not$ the pro"isions of
said Subsection )(.) shall continue to apply until such ti#e when the -irector
,eneral$ sub7ect to the appro"al of the Secretary of Trade and Industry$ certifies
that the abo"e-stated fees and chares the 2ffice shall collect are enouh to
fund its operations. &n'
"ection 10. Special Technical and Scientific (ssistance. - The -irector ,eneral
is e#powered to obtain the assistance of technical$ scientific or other <ualified
officers and e#ployees of other depart#ents$ bureaus$ offices$ aencies and
instru#entalities of the ,o"ern#ent$ includin corporations owned$ controlled
or operated by the ,o"ern#ent$ when dee#ed necessary in the consideration of
any #atter sub#itted to the 2ffice relati"e to the enforce#ent of the pro"isions
of this Act. &Sec. 1$ *.A. Co. )83a'
"ection 16. Seal of !ffice. - The 2ffice shall ha"e a seal$ the for# and desin
of which shall be appro"ed by the -irector ,eneral. &Sec. ($ *.A. Co. )83a'
"ection 1. Publication of 'a-s and Regulations. - The -irector ,eneral shall
cause to be printed and #ake a"ailable for distribution$ pa#phlet copies of this
Act$ other pertinent laws$ e%ecuti"e orders and infor#ation circulars relatin to
#atters within the 7urisdiction of the 2ffice. &Sec. 3$ *.A. Co. )83a'
"ection 18. The IP! %a$ette. - All #atters re<uired to be published under this
Act shall be published in the 2ffice=s own publication to be known as the IP2
,a!ette. &n'
"ection 19. Dis.ualification of !fficers and +mployees of the !ffice. - All
officers and e#ployees of the 2ffice shall not apply or act as an attorney or
patent aent of an application for a rant of patent$ for the reistration of a
utility #odel$ industrial desin or #ark nor ac<uire$ e%cept by hereditary
succession$ any patent or utility #odel$ desin reistration$ or #ark or any
riht$ title or interest therein durin their e#ploy#ent and for one &)' year
thereafter. &Sec. ;;$ *.A. Co. )83a'
PART ##
T&! 'A. )N PAT!NT"
C&APT!R #
%!N!RA' PR)-#"#)N"
"ection 21. Definition of Terms ,sed in Part II) The 'a- on Patents. - As used
in Part II$ the followin ter#s shall ha"e the followin #eanins:
0?.). "9ureau" #eans the 9ureau of Patents$
0?.0. "-irector" #eans the -irector of Patents+
0?.1. "*eulations" #eans the *ules of Practice in Patent Cases
for#ulated by the -irector of Patents and pro#ulated by the -irector
,eneral+
0?.(. "4%a#iner" #eans the patent e%a#iner+
0?.3. "Patent application" or "application" #eans an application for a
patent for an in"ention e%cept in Chapters 5II and 5III$ where
"application" #eans an application for a utility #odel and an
industrial desin$ respecti"ely+ and
0?.8. "Priority date" #eans the date of filin of the forein application
for the sa#e in"ention referred to in Section 1) of this Act. &n'
C&APT!R ##
PAT!NTA$#'#T*
"ection 21. Patentable Inventions. - Any technical solution of a proble# in any
field of hu#an acti"ity which is new$ in"ol"es an in"enti"e step and is
industrially applicable shall be Patentable. It #ay be$ or #ay relate to$ a
product$ or process$ or an i#pro"e#ent of any of the foreoin. &Sec. ;$ *.A.
Co. )83a'
"ection 22. /on0Patentable Inventions. - The followin shall be e%cluded fro#
patent protection:
00.). -isco"eries$ scientific theories and #athe#atical #ethods+
00.0. Sche#es$ rules and #ethods of perfor#in #ental acts$ playin a#es or
doin business$ and prora#s for co#puters+
00.1. Methods for treat#ent of the hu#an or ani#al body by surery or therapy
and dianostic #ethods practiced on the hu#an or ani#al body. This pro"ision
shall not apply to products and co#position for use in any of these #ethods+
00.(. Plant "arieties or ani#al breeds or essentially bioloical process for the
production of plants or ani#als. This pro"ision shall not apply to #icro-
oranis#s and non-bioloical and #icrobioloical processes.
Pro"isions under this subsection shall not preclude Conress to consider the
enact#ent of a law pro"idin sui eneris protection of plant "arieties and
ani#al breeds and a syste# of co##unity intellectual rihts protection:
00.3. Aesthetic creations+ and
00.8. Anythin which is contrary to public order or #orality. &Sec. @$ *.A. Co.
)83a'
"ection 23. /ovelty. . - An in"ention shall not be considered new if it for#s
part of a prior art. &Sec. A$ *.A. Co. )83a'
"ection 2/. Prior (rt. - Prior art shall consist of:
0(.). 4"erythin which has been #ade a"ailable to the public anywhere in the
world$ before the filin date or the priority date of the application clai#in the
in"ention+ and
0(.0. The whole contents of an application for a patent$ utility #odel$ or
industrial desin reistration$ published in accordance with this Act$ filed or
effecti"e in the Philippines$ with a filin or priority date that is earlier than the
filin or priority date of the application: Pro"ided$ That the application which
has "alidly clai#ed the filin date of an earlier application under Section 1) of
this Act$ shall be prior art with effect as of the filin date of such earlier
application: Pro"ided further$ That the applicant or the in"entor identified in
both applications are not one and the sa#e. &Sec. A$ *.A. Co. )83a'
"ection 20. /on0Pre1udicial Disclosure. . - 03.). The disclosure of infor#ation
contained in the application durin the twel"e &)0' #onths precedin the filin
date or the priority date of the application shall not pre7udice the applicant on
the round of lack of no"elty if such disclosure was #ade by:
&a' The in"entor+
&b' A patent office and the infor#ation was contained &a' in another
application filed by the in"entor and should not ha"e been disclosed
by the office$ or &b' in an application filed without the knowlede or
consent of the in"entor by a third party which obtained the
infor#ation directly or indirectly fro# the in"entor+ or
&c' A third party which obtained the infor#ation directly or indirectly
fro# the in"entor.
03.0. :or the purposes of Subsection 03.)$ "in"entor" also #eans any person
who$ at the filin date of application$ had the riht to the patent. &n'
"ection 26. Inventive Step. - An in"ention in"ol"es an in"enti"e step if$ ha"in
reard to prior art$ it is not ob"ious to a person skilled in the art at the ti#e of
the filin date or priority date of the application clai#in the in"ention. &n'
"ection 2. Industrial (pplicability. - An in"ention that can be produced and
used in any industry shall be industrially applicable. &n'
C&APT!R ###
R#%&T T) A PAT!NT
"ection 28. Right to a Patent. - The riht to a patent belons to the in"entor$ his
heirs$ or assins. Fhen two &0' or #ore persons ha"e 7ointly #ade an
in"ention$ the riht to a patent shall belon to the# 7ointly. &Sec. )?$ *.A. Co.
)83a'
"ection 29. irst to ile Rule. - If two &0' or #ore persons ha"e #ade the
in"ention separately and independently of each other$ the riht to the patent
shall belon to the person who filed an application for such in"ention$ or where
two or #ore applications are filed for the sa#e in"ention$ to the applicant who
has the earliest filin date or$ the earliest priority date. &1rd sentence$ Sec. )?$
*.A. Co. )83a.'
"ection 31. Inventions Created Pursuant to a Commission. - 1?.). The person
who co##issions the work shall own the patent$ unless otherwise pro"ided in
the contract.
1?.0. In case the e#ployee #ade the in"ention in the course of his e#ploy#ent
contract$ the patent shall belon to:
&a' The e#ployee$ if the in"enti"e acti"ity is not a part of his reular
duties e"en if the e#ployee uses the ti#e$ facilities and #aterials of
the e#ployer.
&b' The e#ployer$ if the in"ention is the result of the perfor#ance of
his reularly-assined duties$ unless there is an aree#ent$ e%press or
i#plied$ to the contrary. &n'
"ection 31. Right of Priority. . - An application for patent filed by any person
who has pre"iously applied for the sa#e in"ention in another country which by
treaty$ con"ention$ or law affords si#ilar pri"ilees to :ilipino citi!ens$ shall be
considered as filed as of the date of filin the forein application: Pro"ided$
That: &a' the local application e%pressly clai#s priority+ &b' it is filed within
twel"e &)0' #onths fro# the date the earliest forein application was filed+ and
&c' a certified copy of the forein application toether with an 4nlish
translation is filed within si% &8' #onths fro# the date of filin in the
Philippines. &Sec. )3$ *.A. Co. )83a'
C&APT!R #-
PAT!NT APP'#CAT#)N
"ection 32. The (pplication. - 10.). The patent application shall be in :ilipino
or 4nlish and shall contain the followin:
&a' A re<uest for the rant of a patent+
&b' A description of the in"ention+
&c' -rawins necessary for the understandin of the in"ention+
&d' 2ne or #ore clai#s+ and
&e' An abstract.
10.0. Co patent #ay be ranted unless the application identifies the in"entor. If
the applicant is not the in"entor$ the 2ffice #ay re<uire hi# to sub#it said
authority. &Sec. )1$ *.A. Co. )83a'
"ection 33. (ppointment of (gent or Representative. - An applicant who is not
a resident of the Philippines #ust appoint and #aintain a resident aent or
representati"e in the Philippines upon who# notice or process for 7udicial or
ad#inistrati"e procedure relatin to the application for patent or the patent #ay
be ser"ed. &Sec. ))$ *.A. Co. )83a'
"ection 3/. The Re.uest. - The re<uest shall contain a petition for the rant of
the patent$ the na#e and other data of the applicant$ the in"entor and the aent
and the title of the in"ention. &n'
"ection 30. Disclosure and Description of the Invention. - 13.). -isclosure. -
The application shall disclose the in"ention in a #anner sufficiently clear and
co#plete for it to be carried out by a person skilled in the art. Fhere the
application concerns a #icrobioloical process or the product thereof and
in"ol"es the use of a #icro-oranis# which cannot be sufficiently disclosed in
the application in such a way as to enable the in"ention to be carried out by a
person skilled in the art$ and such #aterial is not a"ailable to the public$ the
application shall be supple#ented by a deposit of such #aterial with an
international depository institution.
13.0. -escription. - The *eulations shall prescribe the contents of the
description and the order of presentation. &Sec. )($ *.A. Co. )83a'
"ection 36. The Claims. - 18.). The application shall contain one &)' or #ore
clai#s which shall define the #atter for which protection is souht. 4ach clai#
shall be clear and concise$ and shall be supported by the description.
18.0. The *eulations shall prescribe the #anner of the presentation of clai#s.
&n'
"ection 3. The (bstract. - The abstract shall consist of a concise su##ary of
the disclosure of the in"ention as contained in the description$ clai#s and
drawins in preferably not #ore than one hundred fifty &)3?' words. It #ust be
drafted in a way which allows the clear understandin of the technical proble#$
the ist of the solution of that proble# throuh the in"ention$ and the principal
use or uses of the in"ention. The abstract shall #erely ser"e for technical
infor#ation. &n'
"ection 38. ,nity of Invention. - 1@.). The application shall relate to one
in"ention only or to a roup of in"entions for#in a sinle eneral in"enti"e
concept.
1@.0. If se"eral independent in"entions which do not for# a sinle eneral
in"enti"e concept are clai#ed in one application$ the -irector #ay re<uire that
the application be restricted to a sinle in"ention. A later application filed for
an in"ention di"ided out shall be considered as ha"in been filed on the sa#e
day as the first application: Pro"ided$ That the later application is filed within
four &(' #onths after the re<uire#ent to di"ide beco#es final or within such
additional ti#e$ not e%ceedin four &(' #onths$ as #ay be ranted: Pro"ided
further$ That each di"isional application shall not o beyond the disclosure in
the initial application.
1@.1. The fact that a patent has been ranted on an application that did not
co#ply with the re<uire#ent of unity of in"ention shall not be a round to
cancel the patent. &Sec. );$ *.A. Co. )83a'
"ection 39. Information Concerning Corresponding oreign (pplication for
Patents. - The applicant shall$ at the re<uest of the -irector$ furnish hi# with
the date and nu#ber of any application for a patent filed by hi# abroad$
hereafter referred to as the "forein application$" relatin to the sa#e or
essentially the sa#e in"ention as that clai#ed in the application filed with the
2ffice and other docu#ents relatin to the forein application. &n'
C&APT!R -
PR)C!+(R! ,)R %RANT ), PAT!NT
"ection /1. iling Date Re.uirements. - (?.). The filin date of a patent
application shall be the date of receipt by the 2ffice of at least the followin
ele#ents:
&a' An e%press or i#plicit indication that a Philippine patent is souht+
&b' Infor#ation identifyin the applicant+ and
&c' -escription of the in"ention and one &)' or #ore clai#s in :ilipino
or 4nlish.
(?.0. If any of these ele#ents is not sub#itted within the period set by the
*eulations$ the application shall be considered withdrawn. &n'
"ection /1. (ccording a iling Date. - The 2ffice shall e%a#ine whether the
patent application satisfies the re<uire#ents for the rant of date of filin as
pro"ided in Section (? hereof. If the date of filin cannot be accorded$ the
applicant shall be i"en an opportunity to correct the deficiencies in accordance
with the i#ple#entin *eulations. If the application does not contain all the
ele#ents indicated in Section (?$ the filin date should be that date when all
the ele#ents are recei"ed. If the deficiencies are not re#edied within the
prescribed ti#e li#it$ the application shall be considered withdrawn. &n'
"ection /2. ormality +2amination. - (0.). After the patent application has
been accorded a filin date and the re<uired fees ha"e been paid on ti#e in
accordance with the *eulations$ the applicant shall co#ply with the for#al
re<uire#ents specified by Section 10 and the *eulations within the prescribed
period$ otherwise the application shall be considered withdrawn.
(0.0. The *eulations shall deter#ine the procedure for the re-e%a#ination and
re"i"al of an application as well as the appeal to the -irector of Patents fro#
any final action by the e%a#iner. &Sec. )8$ *.A. Co. )83a'
"ection /3. Classification and Search. - An application that has co#plied with
the for#al re<uire#ents shall be classified and a search conducted to deter#ine
the prior art. &n'
"ection //. Publication of Patent (pplication. - ((.). The patent application
shall be published in the IP2 ,a!ette toether with a search docu#ent
established by or on behalf of the 2ffice citin any docu#ents that reflect prior
art$ after the e%piration of eihteen & )@' #onths fro# the filin date or priority
date.
((.0. After publication of a patent application$ any interested party #ay inspect
the application docu#ents filed with the 2ffice.
((.1. The -irector ,eneral sub7ect to the appro"al of the Secretary of Trade
and Industry$ #ay prohibit or restrict the publication of an application$ if in his
opinion$ to do so would be pre7udicial to the national security and interests of
the *epublic of the Philippines. &n'
"ection /0. Confidentiality Before Publication. - A patent application$ which
has not yet been published$ and all related docu#ents$ shall not be #ade
a"ailable for inspection without the consent of the applicant. &n'
"ection /6. Rights Conferred by a Patent (pplication (fter Publication. - The
applicant shall ha"e all the rihts of a patentee under Section ;8 aainst any
person who$ without his authori!ation$ e%ercised any of the rihts conferred
under Section ;) of this Act in relation to the in"ention clai#ed in the
published patent application$ as if a patent had been ranted for that in"ention:
Pro"ided$ That the said person had:
(8.). Actual knowlede that the in"ention that he was usin was the sub7ect
#atter of a published application+ or
(8.0. *ecei"ed written notice that the in"ention that he was usin was the
sub7ect #atter of a published application bein identified in the said notice by
its serial nu#ber: Pro"ided$ That the action #ay not be filed until after the
rant of a patent on the published application and within four &(' years fro# the
co##ission of the acts co#plained of. &n'
"ection /. !bservation by Third Parties. - :ollowin the publication of the
patent application$ any person #ay present obser"ations in writin concernin
the patentability of the in"ention. Such obser"ations shall be co##unicated to
the applicant who #ay co##ent on the#. The 2ffice shall acknowlede and
put such obser"ations and co##ent in the file of the application to which it
relates. &n'
"ection /8. Re.uest for Substantive +2amination. - (@.). The application shall
be dee#ed withdrawn unless within si% &8' #onths fro# the date of publication
under Section ()$ a written re<uest to deter#ine whether a patent application
#eets the re<uire#ents of Sections 0) to 0; and Sections 10 to 1A and the fees
ha"e been paid on ti#e.
(@.0. Fithdrawal of the re<uest for e%a#ination shall be irre"ocable and shall
not authori!e the refund of any fee. &n'
"ection /9. (mendment of (pplication. - An applicant #ay a#end the patent
application durin e%a#ination: Pro"ided$ That such a#end#ent shall not
include new #atter outside the scope of the disclosure contained in the
application as filed. &n'
"ection 01. %rant of Patent. - 3?.). If the application #eets the re<uire#ents of
this Act$ the 2ffice shall rant the patent: Pro"ided$ That all the fees are paid on
ti#e.
3?.0. If the re<uired fees for rant and printin are not paid in due ti#e$ the
application shall be dee#ed to be withdrawn.
3?.1. A patent shall take effect on the date of the publication of the rant of the
patent in the IP2 ,a!ette. &Sec. )@$ *.A. Co. )83a'
"ection 01. Refusal of the (pplication. - 3).). The final order of refusal of the
e%a#iner to rant the patent shall be appealable to the -irector in accordance
with this Act.
3).0. The *eulations shall pro"ide for the procedure by which an appeal fro#
the order of refusal fro# the -irector shall be undertaken. &n'
"ection 02. Publication ,pon %rant of Patent. - 30.). The rant of the patent
toether with other related infor#ation shall be published in the IP2 ,a!ette
within the ti#e prescribed by the *eulations.
30.0. Any interested party #ay inspect the co#plete description$ clai#s$ and
drawins of the patent on file with the 2ffice. &Sec. )@$ *.A. Co. )83a'
"ection 03. Contents of Patent. - The patent shall be issued in the na#e of the
*epublic of the Philippines under the seal of the 2ffice and shall be sined by
the -irector$ and reistered toether with the description$ clai#s$ and drawins$
if any$ in books and records of the 2ffice. &Secs. )A and 0?$ *.A. Co. )83a'
"ection 0/. Term of Patent. - The ter# of a patent shall be twenty &0?' years
fro# the filin date of the application. &Sec. 0)$ *.A. Co. )83a'
"ection 00. (nnual ees. - 33.). To #aintain the patent application or patent$
an annual fee shall be paid upon the e%piration of four &(' years fro# the date
the application was published pursuant to Section (( hereof$ and on each
subse<uent anni"ersary of such date. Pay#ent #ay be #ade within three &1'
#onths before the due date. The obliation to pay the annual fees shall
ter#inate should the application be withdrawn$ refused$ or cancelled.
33.0. If the annual fee is not paid$ the patent application shall be dee#ed
withdrawn or the patent considered as lapsed fro# the day followin the
e%piration of the period within which the annual fees were due. A notice that
the application is dee#ed withdrawn or the lapse of a patent for non-pay#ent
of any annual fee shall be published in the IP2 ,a!ette and the lapse shall be
recorded in the *eister of the 2ffice.
33.1. A race period of si% &8' #onths shall be ranted for the pay#ent of the
annual fee$ upon pay#ent of the prescribed surchare for delayed pay#ent.
&Sec. 00$ *.A. Co. )83a'
"ection 06. Surrender of Patent. - 38.). The owner of the patent$ with the
consent of all persons ha"in rants or licenses or other riht$ title or interest in
and to the patent and the in"ention co"ered thereby$ which ha"e been recorded
in the 2ffice$ #ay surrender his patent or any clai# or clai#s for#in part
thereof to the 2ffice for cancellation.
38.0. A person #ay i"e notice to the 2ffice of his opposition to the surrender
of a patent under this section$ and if he does so$ the 9ureau shall notify the
proprietor of the patent and deter#ine the <uestion.
38.1. If the 2ffice is satisfied that the patent #ay properly be surrendered$ he
#ay accept the offer and$ as fro# the day when notice of his acceptance is
published in the IP2 ,a!ette$ the patent shall cease to ha"e effect$ but no action
for infrine#ent shall lie and no riht co#pensation shall accrue for any use of
the patented in"ention before that day for the ser"ices of the o"ern#ent. &Sec.
0($ *.A. Co. )83a'
"ection 0. Correction of *ista&es of the !ffice. - The -irector shall ha"e the
power to correct$ without fee$ any #istake in a patent incurred throuh the fault
of the 2ffice when clearly disclosed in the records thereof$ to #ake the patent
confor# to the records. &Sec. 03$ *.A. Co. )83'
"ection 08. Correction of *ista&e in the (pplication. - 2n re<uest of any
interested person and pay#ent of the prescribed fee$ the -irector is authori!ed
to correct any #istake in a patent of a for#al and clerical nature$ not incurred
throuh the fault of the 2ffice. &Sec. 08$ *.A. Co. )83a'
"ection 09. Changes in Patents. - 3A.). The owner of a patent shall ha"e the
riht to re<uest the 9ureau to #ake the chanes in the patent in order to:
&a' .i#it the e%tent of the protection conferred by it+
&b' Correct ob"ious #istakes or to correct clerical errors+ and
&c' Correct #istakes or errors$ other than those referred to in letter &b'$
#ade in ood faith: Pro"ided$ That where the chane would result in a
broadenin of the e%tent of protection conferred by the patent$ no
re<uest #ay be #ade after the e%piration of two &0' years fro# the
rant of a patent and the chane shall not affect the rihts of any third
party which has relied on the patent$ as published.
3A.0. Co chane in the patent shall be per#itted under this section$ where the
chane would result in the disclosure contained in the patent oin beyond the
disclosure contained in the application filed.
3A.1. If$ and to the e%tent to which the 2ffice chanes the patent accordin to
this section$ it shall publish the sa#e. &n'
"ection 61. orm and Publication of (mendment. - An a#end#ent or
correction of a patent shall be acco#plished by a certificate of such a#end#ent
or correction$ authenticated by the seal of the 2ffice and sined by the -irector$
which certificate shall be attached to the patent. Cotice of such a#end#ent or
correction shall be published in the IP2 ,a!ette and copies of the patent kept
or furnished by the 2ffice shall include a copy of the certificate of a#end#ent
or correction. &Sec. 0;$ *.A. Co. )83'
C&APT!R -#
CANC!''AT#)N ), PAT!NT" AN+ "($"T#T(T#)N ), PAT!NT!!
"ection 61. Cancellation of Patents. - 8).). Any interested person #ay$ upon
pay#ent of the re<uired fee$ petition to cancel the patent or any clai# thereof$
or parts of the clai#$ on any of the followin rounds:
&a' That what is clai#ed as the in"ention is not new or Patentable+
&b' That the patent does not disclose the in"ention in a #anner
sufficiently clear and co#plete for it to be carried out by any person
skilled in the art+ or
&c' That the patent is contrary to public order or #orality.
8).0. Fhere the rounds for cancellation relate to so#e of the clai#s or parts
of the clai#$ cancellation #ay be effected to such e%tent only. &Secs. 0@ and 0A$
*.A. Co. )83a'
"ection 62. Re.uirement of the Petition. - The petition for cancellation shall be
in writin$ "erified by the petitioner or by any person in his behalf who knows
the facts$ specify the rounds upon which it is based$ include a state#ent of the
facts to be relied upon$ and filed with the 2ffice. Copies of printed publications
or of patents of other countries$ and other supportin docu#ents #entioned in
the petition shall be attached thereto$ toether with the translation thereof in
4nlish$ if not in the 4nlish lanuae. &Sec. 1?$ *.A. Co. )83'
"ection 63. /otice of Hearing. - /pon filin of a petition for cancellation$ the
-irector of .eal Affairs shall forthwith ser"e notice of the filin thereof upon
the patentee and all persons ha"in rants or licenses$ or any other riht$ title or
interest in and to the patent and the in"ention co"ered thereby$ as appears of
record in the 2ffice$ and of notice of the date of hearin thereon on such
persons and the petitioner. Cotice of the filin of the petition shall be published
in the IP2 ,a!ette. &Sec. 1)$ *.A. Co. )83a'
"ection 6/. Committee of Three. - In cases in"ol"in hihly technical issues$ on
#otion of any party$ the -irector of .eal Affairs #ay order that the petition be
heard and decided by a co##ittee co#posed of the -irector of .eal Affairs as
chair#an and two &0' #e#bers who ha"e the e%perience or e%pertise in the
field of technoloy to which the patent souht to be cancelled relates. The
decision of the co##ittee shall be appealable to the -irector ,eneral. &n'
"ection 60. Cancellation of the Patent. - 83.). If the Co##ittee finds that a
case for cancellation has been pro"ed$ it shall order the patent or any specified
clai# or clai#s thereof cancelled.
83.0. If the Co##ittee finds that$ takin into consideration the a#end#ent
#ade by the patentee durin the cancellation proceedins$ the patent and the
in"ention to which it relates #eet the re<uire#ent of this Act$ it #ay decide to
#aintain the patent as a#ended: Pro"ided$ That the fee for printin of a new
patent is paid within the ti#e li#it prescribed in the *eulations.
83.1. If the fee for the printin of a new patent is not paid in due ti#e$ the
patent should be re"oked.
83.(. If the patent is a#ended under Subsection 83.0 hereof$ the 9ureau shall$
at the sa#e ti#e as it publishes the #ention of the cancellation decision$
publish the abstract$ representati"e clai#s and drawins indicatin clearly what
the a#end#ents consist of. &n'
"ection 66. +ffect of Cancellation of Patent or Claim. - The rihts conferred by
the patent or any specified clai# or clai#s cancelled shall ter#inate. Cotice of
the cancellation shall be published in the IP2 ,a!ette. /nless restrained by the
-irector ,eneral$ the decision or order to cancel by -irector of .eal Affairs
shall be i##ediately e%ecutory e"en pendin appeal. &Sec. 10$ *.A. Co. )83a'
C&APT!R -##
R!2!+#!" ), A P!R")N .#T& A R#%&T T) A PAT!NT
"ection 6. Patent (pplication by Persons /ot Having the Right to a Patent. . -
8;.). If a person referred to in Section 0A other than the applicant$ is declared
by final court order or decision as ha"in the riht to the patent$ such person
#ay$ within three &1' #onths after the decision has beco#e final:
&a' Prosecute the application as his own application in place of the
applicant+
&b' :ile a new patent application in respect of the sa#e in"ention+
&c' *e<uest that the application be refused+ or
&d' Seek cancellation of the patent$ if one has already been issued.
8;.0. The pro"isions of Subsection 1@.0 shall apply #utatis #utandis to a new
application filed under Subsection 8;. )&b'. &n'
"ection 68. Remedies of the True and (ctual Inventor. - If a person$ who was
depri"ed of the patent without his consent or throuh fraud is declared by final
court order or decision to be the true and actual in"entor$ the court shall order
for his substitution as patentee$ or at the option of the true in"entor$ cancel the
patent$ and award actual and other da#aes in his fa"or if warranted by the
circu#stances. &Sec. 11$ *.A. Co. )83a'
"ection 69. Publication of the Court !rder. - The court shall furnish the 2ffice
a copy of the order or decision referred to in Sections 8; and 8@$ which shall be
published in the IP2 ,a!ette within three &1' #onths fro# the date such order
or decision beca#e final and e%ecutory$ and shall be recorded in the reister of
the 2ffice. &n'
"ection 1. Time to ile (ction in Court. - The actions indicated in Sections 8;
and 8@ shall be filed within one &)' year fro# the date of publication #ade in
accordance with Sections (( and 3)$ respecti"ely. &n'
C&APT!R -###
R#%&T" ), PAT!NT!!" AN+ #N,R#N%!2!NT ), PAT!NT"
"ection 1. Rights Conferred by Patent. - ;).). A patent shall confer on its
owner the followin e%clusi"e rihts:
&a' Fhere the sub7ect #atter of a patent is a product$ to restrain$
prohibit and pre"ent any unauthori!ed person or entity fro# #akin$
usin$ offerin for sale$ sellin or i#portin that product+
&b' Fhere the sub7ect #atter of a patent is a process$ to restrain$
pre"ent or prohibit any unauthori!ed person or entity fro# usin the
process$ and fro# #anufacturin$ dealin in$ usin$ sellin or offerin
for sale$ or i#portin any product obtained directly or indirectly fro#
such process.
;).0. Patent owners shall also ha"e the riht to assin$ or transfer by succession
the patent$ and to conclude licensin contracts for the sa#e. &Sec. 1;$ *.A. Co.
)83a'
"ection 2. 'imitations of Patent Rights. - The owner of a patent has no riht to
pre"ent third parties fro# perfor#in$ without his authori!ation$ the acts
referred to in Section ;) hereof in the followin circu#stances:
;0.). /sin a patented product which has been put on the #arket in the
Philippines by the owner of the product$ or with his e%press consent$ insofar as
such use is perfor#ed after that product has been so put on the said #arket+
;0.0. Fhere the act is done pri"ately and on a non-co##ercial scale or for a
non-co##ercial purpose: Pro"ided$ That it does not sinificantly pre7udice the
econo#ic interests of the owner of the patent+
;0.1. Fhere the act consists of #akin or usin e%clusi"ely for the purpose of
e%peri#ents that relate to the sub7ect #atter of the patented in"ention+
;0.(. Fhere the act consists of the preparation for indi"idual cases$ in a
phar#acy or by a #edical professional$ of a #edicine in accordance with a
#edical prescription or acts concernin the #edicine so prepared+
;0.3. Fhere the in"ention is used in any ship$ "essel$ aircraft$ or land "ehicle of
any other country enterin the territory of the Philippines te#porarily or
accidentally: Pro"ided$ That such in"ention is used e%clusi"ely for the needs of
the ship$ "essel$ aircraft$ or land "ehicle and not used for the #anufacturin of
anythin to be sold within the Philippines. &Secs. 1@ and 1A$ *.A. Co. )83a'
"ection 3. Prior ,ser. - ;1.). Cotwithstandin Section ;0 hereof$ any prior
user$ who$ in ood faith was usin the in"ention or has undertaken serious
preparations to use the in"ention in his enterprise or business$ before the filin
date or priority date of the application on which a patent is ranted$ shall ha"e
the riht to continue the use thereof as en"isaed in such preparations within
the territory where the patent produces its effect.
;1.0. The riht of the prior user #ay only be transferred or assined toether
with his enterprise or business$ or with that part of his enterprise or business in
which the use or preparations for use ha"e been #ade. &Sec. (?$ *.A. Co. )83a'
"ection /. ,se of Invention by %overnment. - ;(.). A ,o"ern#ent aency or
third person authori!ed by the ,o"ern#ent #ay e%ploit the in"ention e"en
without aree#ent of the patent owner where:
&a' The public interest$ in particular$ national security$ nutrition$ health
or the de"elop#ent of other sectors$ as deter#ined by the appropriate
aency of the o"ern#ent$ so re<uires+ or
&b' A 7udicial or ad#inistrati"e body has deter#ined that the #anner
of e%ploitation$ by the owner of the patent or his licensee is anti-
co#petiti"e.
;(.0. The use by the ,o"ern#ent$ or third person authori!ed by the
,o"ern#ent shall be sub7ect$ #utatis #utandis$ to the conditions set forth in
Sections A3 to A; and )?? to )?0. &Sec. ()$ *.A. Co. )83a'
"ection 0. +2tent of Protection and Interpretation of Claims. - ;3.). The
e%tent of protection conferred by the patent shall be deter#ined by the clai#s$
which are to be interpreted in the liht of the description and drawins.
;3.0. :or the purpose of deter#inin the e%tent of protection conferred by the
patent$ due account shall be taken of ele#ents which are e<ui"alent to the
ele#ents e%pressed in the clai#s$ so that a clai# shall be considered to co"er
not only all the ele#ents as e%pressed therein$ but also e<ui"alents. &n'
"ection 6. Civil (ction for Infringement. - ;8.). The #akin$ usin$ offerin
for sale$ sellin$ or i#portin a patented product or a product obtained directly
or indirectly fro# a patented process$ or the use of a patented process without
the authori!ation of the patentee constitutes patent infrine#ent.
;8.0. Any patentee$ or anyone possessin any riht$ title or interest in and to the
patented in"ention$ whose rihts ha"e been infrined$ #ay brin a ci"il action
before a court of co#petent 7urisdiction$ to reco"er fro# the infriner such
da#aes sustained thereby$ plus attorney=s fees and other e%penses of litiation$
and to secure an in7unction for the protection of his rihts.
;8.1. If the da#aes are inade<uate or cannot be readily ascertained with
reasonable certainty$ the court #ay award by way of da#aes a su# e<ui"alent
to reasonable royalty.
;8.(. The court #ay$ accordin to the circu#stances of the case$ award
da#aes in a su# abo"e the a#ount found as actual da#aes sustained:
Pro"ided$ That the award does not e%ceed three &1' ti#es the a#ount of such
actual da#aes.
;8.3. The court #ay$ in its discretion$ order that the infrinin oods$ #aterials
and i#ple#ents predo#inantly used in the infrine#ent be disposed of outside
the channels of co##erce or destroyed$ without co#pensation.
;8.8. Anyone who acti"ely induces the infrine#ent of a patent or pro"ides the
infriner with a co#ponent of a patented product or of a product produced
because of a patented process knowin it to be especially adopted for infrinin
the patented in"ention and not suitable for substantial non-infrinin use shall
be liable as a contributory infriner and shall be 7ointly and se"erally liable
with the infriner. &Sec. (0$ *.A. Co. )83a'
"ection . Infringement (ction by a oreign /ational. - Any forein national
or 7uridical entity who #eets the re<uire#ents of Section 1 and not enaed in
business in the Philippines$ to which a patent has been ranted or assined
under this Act$ #ay brin an action for infrine#ent of patent$ whether or not it
is licensed to do business in the Philippines under e%istin law. &Sec. ()-A$
*.A. Co. )83a'
"ection 8. Process Patents3 Burden of Proof . - If the sub7ect #atter of a
patent is a process for obtainin a product$ any identical product shall be
presu#ed to ha"e been obtained throuh the use of the patented process if the
product is new or there is substantial likelihood that the identical product was
#ade by the process and the owner of the patent has been unable despite
reasonable efforts$ to deter#ine the process actually used. In orderin the
defendant to pro"e that the process to obtain the identical product is different
fro# the patented process$ the court shall adopt #easures to protect$ as far as
practicable$ his #anufacturin and business secrets. &n'
"ection 9. 'imitation of (ction for Damages. - Co da#aes can be reco"ered
for acts of infrine#ent co##itted #ore than four &(' years before the
institution of the action for infrine#ent. &Sec. (1$ *.A. Co. )83'
"ection 81. Damages) Re.uirement of /otice. - -a#aes cannot be reco"ered
for acts of infrine#ent co##itted before the infriner had known$ or had
reasonable rounds to know of the patent. It is presu#ed that the infriner had
known of the patent if on the patented product$ or on the container or packae
in which the article is supplied to the public$ or on the ad"ertisin #aterial
relatin to the patented product or process$ are placed the words "Philippine
Patent" with the nu#ber of the patent. &Sec. (($ *.A. Co. )83a'
"ection 81. Defenses in (ction for Infringement. - In an action for
infrine#ent$ the defendant$ in addition to other defenses a"ailable to hi#$ #ay
show the in"alidity of the patent$ or any clai# thereof$ on any of the rounds
on which a petition of cancellation can be brouht under Section 8) hereof.
&Sec. (3$ *.A. Co. )83'
"ection 82. Patent ound Invalid *ay be Cancelled. - In an action for
infrine#ent$ if the court shall find the patent or any clai# to be in"alid$ it shall
cancel the sa#e$ and the -irector of .eal Affairs upon receipt of the final
7ud#ent of cancellation by the court$ shall record that fact in the reister of
the 2ffice and shall publish a notice to that effect in the IP2 ,a!ette. &Sec. (8$
*.A. Co. )83a'
"ection 83. (ssessor in Infringement (ction. - @1.). Two &0' or #ore assessors
#ay be appointed by the court. The assessors shall be possessed of the
necessary scientific and technical knowlede re<uired by the sub7ect #atter in
litiation. 4ither party #ay challene the fitness of any assessor proposed for
appoint#ent.
@1.0. 4ach assessor shall recei"e a co#pensation in an a#ount to be fi%ed by
the court and ad"anced by the co#plainin party$ which shall be awarded as
part of his costs should he pre"ail in the action. &Sec. (;$ *.A. Co. )83a'
"ection 8/. Criminal (ction for Repetition of Infringement. - If infrine#ent is
repeated by the infriner or by anyone in conni"ance with hi# after finality of
the 7ud#ent of the court aainst the infriner$ the offenders shall$ without
pre7udice to the institution of a ci"il action for da#aes$ be cri#inally liable
therefor and$ upon con"iction$ shall suffer i#prison#ent for the period of not
less than si% &8' #onths but not #ore than three &1' years andGor a fine of not
less than 2ne hundred thousand pesos &P)??$???' but not #ore than Three
hundred thousand pesos &P1??$???'$ at the discretion of the court. The cri#inal
action herein pro"ided shall prescribe in three &1' years fro# date of the
co##ission of the cri#e. &Sec. (@$ *.A. Co. )83a'
C&APT!R #3
-)'(NTAR* '#C!N"#N%
"ection 80. 4oluntary 'icense Contract. - To encourae the transfer and
disse#ination of technoloy$ pre"ent or control practices and conditions that
#ay in particular cases constitute an abuse of intellectual property rihts
ha"in an ad"erse effect on co#petition and trade$ all technoloy transfer
arrane#ents shall co#ply with the pro"isions of this Chapter. &n'
"ection 86. 5urisdiction to Settle Disputes on Royalties. - The -irector of the
-ocu#entation$ Infor#ation and Technoloy Transfer 9ureau shall e%ercise
<uasi-7udicial 7urisdiction in the settle#ent of disputes between parties to a
technoloy transfer arrane#ent arisin fro# technoloy transfer pay#ents$
includin the fi%in of appropriate a#ount or rate of royalty. &n'
"ection 8. Prohibited Clauses. - 4%cept in cases under Section A)$ the
followin pro"isions shall be dee#ed pri#a facie to ha"e an ad"erse effect on
co#petition and trade:
@;.). Those which i#pose upon the licensee the obliation to ac<uire fro# a
specific source capital oods$ inter#ediate products$ raw #aterials$ and other
technoloies$ or of per#anently e#ployin personnel indicated by the licensor+
@;.0. Those pursuant to which the licensor reser"es the riht to fi% the sale or
resale prices of the products #anufactured on the basis of the license+
@;.1. Those that contain restrictions reardin the "olu#e and structure of
production+
@;.(. Those that prohibit the use of co#petiti"e technoloies in a non-e%clusi"e
technoloy transfer aree#ent+
@;.3. Those that establish a full or partial purchase option in fa"or of the
licensor+
@;.8. Those that obliate the licensee to transfer for free to the licensor the
in"entions or i#pro"e#ents that #ay be obtained throuh the use of the
licensed technoloy+
@;.;. Those that re<uire pay#ent of royalties to the owners of patents for
patents which are not used+
@;.@. Those that prohibit the licensee to e%port the licensed product unless
7ustified for the protection of the leiti#ate interest of the licensor such as
e%ports to countries where e%clusi"e licenses to #anufacture andGor distribute
the licensed product&s' ha"e already been ranted+
@;.A. Those which restrict the use of the technoloy supplied after the
e%piration of the technoloy transfer arrane#ent$ e%cept in cases of early
ter#ination of the technoloy transfer arrane#ent due to reason&s' attributable
to the licensee+
@;.)?. Those which re<uire pay#ents for patents and other industrial property
rihts after their e%piration$ ter#ination arrane#ent+
@;.)). Those which re<uire that the technoloy recipient shall not contest the
"alidity of any of the patents of the technoloy supplier+
@;.)0. Those which restrict the research and de"elop#ent acti"ities of the
licensee desined to absorb and adapt the transferred technoloy to local
conditions or to initiate research and de"elop#ent prora#s in connection with
new products$ processes or e<uip#ent+
@;.)1. Those which pre"ent the licensee fro# adaptin the i#ported
technoloy to local conditions$ or introducin inno"ation to it$ as lon as it
does not i#pair the <uality standards prescribed by the licensor+
@;.)(. Those which e%e#pt the licensor for liability for non-fulfil#ent of his
responsibilities under the technoloy transfer arrane#ent andGor liability
arisin fro# third party suits brouht about by the use of the licensed product
or the licensed technoloy+ and
@;.)3. 2ther clauses with e<ui"alent effects. &Sec. 11-C &0'$ *.A )83a'
"ection 88. *andatory Provisions. - The followin pro"isions shall be
included in "oluntary license contracts:
@@.). That the laws of the Philippines shall o"ern the interpretation of the
sa#e and in the e"ent of litiation$ the "enue shall be the proper court in the
place where the licensee has its principal office+
@@.0. Continued access to i#pro"e#ents in techni<ues and processes related to
the technoloy shall be #ade a"ailable durin the period of the technoloy
transfer arrane#ent+
@@.1. In the e"ent the technoloy transfer arrane#ent shall pro"ide for
arbitration$ the Procedure of Arbitration of the Arbitration .aw of the
Philippines or the Arbitration *ules of the /nited Cations Co##ission on
International Trade .aw &/CCIT*A.' or the *ules of Conciliation and
Arbitration of the International Cha#ber of Co##erce &ICC' shall apply and
the "enue of arbitration shall be the Philippines or any neutral country+ and
@@.(. The Philippine ta%es on all pay#ents relatin to the technoloy transfer
arrane#ent shall be borne by the licensor. &n'
"ection 89. Rights of 'icensor. - In the absence of any pro"ision to the contrary
in the technoloy transfer arrane#ent$ the rant of a license shall not pre"ent
the licensor fro# rantin further licenses to third person nor fro# e%ploitin
the sub7ect #atter of the technoloy transfer arrane#ent hi#self. &Sec. 11-9$
*.A. )83a'
"ection 91. Rights of 'icensee. - The licensee shall be entitled to e%ploit the
sub7ect #atter of the technoloy transfer arrane#ent durin the whole ter# of
the technoloy transfer arrane#ent. &Sec. 11-C &)'$ *.A. )83a'
"ection 91. +2ceptional Cases. - In e%ceptional or #eritorious cases where
substantial benefits will accrue to the econo#y$ such as hih technoloy
content$ increase in forein e%chane earnins$ e#ploy#ent eneration$
reional dispersal of industries andGor substitution with or use of local raw
#aterials$ or in the case of 9oard of In"est#ents$ reistered co#panies with
pioneer status$ e%e#ption fro# any of the abo"e re<uire#ents #ay be allowed
by the -ocu#entation$ Infor#ation and Technoloy Transfer 9ureau after
e"aluation thereof on a case by case basis. &n'
"ection 92. /on0Registration -ith the Documentation) Information and
Technology Transfer Bureau. - Technoloy transfer arrane#ents that confor#
with the pro"isions of Sections @8 and @; need not be reistered with the
-ocu#entation$ Infor#ation and Technoloy Transfer 9ureau. Con-
confor#ance with any of the pro"isions of Sections @; and @@$ howe"er$ shall
auto#atically render the technoloy transfer arrane#ent unenforceable$ unless
said technoloy transfer arrane#ent is appro"ed and reistered with the
-ocu#entation$ Infor#ation and Technoloy Transfer 9ureau under the
pro"isions of Section A) on e%ceptional cases. &n'
C&APT!R 3
C)2P('")R* '#C!N"#N%
"ection 93. %rounds for Compulsory 'icensing. - The -irector of .eal Affairs
#ay rant a license to e%ploit a patented in"ention$ e"en without the aree#ent
of the patent owner$ in fa"or of any person who has shown his capability to
e%ploit the in"ention$ under any of the followin circu#stances:
A1.). Cational e#erency or other circu#stances of e%tre#e urency+
A1.0. Fhere the public interest$ in particular$ national security$ nutrition$ health
or the de"elop#ent of other "ital sectors of the national econo#y as deter#ined
by the appropriate aency of the ,o"ern#ent$ so re<uires+ or
A1.1. Fhere a 7udicial or ad#inistrati"e body has deter#ined that the #anner
of e%ploitation by the owner of the patent or his licensee is anti-co#petiti"e+ or
A1.(. In case of public non-co##ercial use of the patent by the patentee$
without satisfactory reason+
A1.3. If the patented in"ention is not bein worked in the Philippines on a
co##ercial scale$ althouh capable of bein worked$ without satisfactory
reason: Pro"ided$ That the i#portation of the patented article shall constitute
workin or usin the patent. &Secs. 1($ 1(-A$ 1(-9$ *.A. Co. )83a'
"ection 9/. Period for iling a Petition for a Compulsory 'icense. - A(.). A
co#pulsory license #ay not be applied for on the round stated in Subsection
A1.3 before the e%piration of a period of four &(' years fro# the date of filin of
the application or three &1' years fro# the date of the patent whiche"er period
e%pires last.
A(.0. A co#pulsory license which is applied for on any of the rounds stated in
Subsections A1.0$ A1.1$ and A1.( and Section A; #ay be applied for at any ti#e
after the rant of the patent. &Sec. 1(&)'$ *.A. Co. )83'
"ection 90. Re.uirement to !btain a 'icense on Reasonable Commercial
Terms. - A3.). The license will only be ranted after the petitioner has #ade
efforts to obtain authori!ation fro# the patent owner on reasonable co##ercial
ter#s and conditions but such efforts ha"e not been successful within a
reasonable period of ti#e.
A3.0. The re<uire#ent under Subsection A3.) shall not apply in the followin
cases:
&a' Fhere the petition for co#pulsory license seeks to re#edy a
practice deter#ined after 7udicial or ad#inistrati"e process to be anti-
co#petiti"e+
&b' In situations of national e#erency or other circu#stances of
e%tre#e urency+
&c' In cases of public non-co##ercial use.
A3.1. In situations of national e#erency or other circu#stances of e%tre#e
urency$ the riht holder shall be notified as soon as reasonably practicable.
A3.(. In the case of public non-co##ercial use$ where the o"ern#ent or
contractor$ without #akin a patent search$ knows or has de#onstrable rounds
to know that a "alid patent is or will be used by or for the o"ern#ent$ the riht
holder shall be infor#ed pro#ptly. &n'
"ection 96. Compulsory 'icensing of Patents Involving Semi0Conductor
Technology. - In the case of co#pulsory licensin of patents in"ol"in se#i-
conductor technoloy$ the license #ay only be ranted in case of public non-
co##ercial use or to re#edy a practice deter#ined after 7udicial or
ad#inistrati"e process to be anti-co#petiti"e. &n'
"ection 9. Compulsory 'icense Based on Interdependence of Patents. - If the
in"ention protected by a patent$ hereafter referred to as the "second patent$"
within the country cannot be worked without infrinin another patent$
hereafter referred to as the "first patent$" ranted on a prior application or
benefitin fro# an earlier priority$ a co#pulsory license #ay be ranted to the
owner of the second patent to the e%tent necessary for the workin of his
in"ention$ sub7ect to the followin conditions:
A;.). The in"ention clai#ed in the second patent in"ol"es an i#portant
technical ad"ance of considerable econo#ic sinificance in relation to the first
patent+
A;.0. The owner of the first patent shall be entitled to a cross-license on
reasonable ter#s to use the in"ention clai#ed in the second patent+
A;.1. The use authori!ed in respect of the first patent shall be non-assinable
e%cept with the assin#ent of the second patent+ and
A;.(. The ter#s and conditions of Sections A3$ A8 and A@ to )?? of this Act.
&Sec. 1(-C$ *.A. Co. )83a'
"ection 98. orm and Contents of Petition. - The petition for co#pulsory
licensin #ust be in writin$ "erified by the petitioner and acco#panied by
pay#ent of the re<uired filin fee. It shall contain the na#e and address of the
petitioner as well as those of the respondents$ the nu#ber and date of issue of
the patent in connection with which co#pulsory license is souht$ the na#e of
the patentee$ the title of the in"ention$ the statutory rounds upon which
co#pulsory license is souht$ the ulti#ate facts constitutin the petitioner=s
cause of action$ and the relief prayed for. &Sec. 1(--$ *.A. Co. )83'
"ection 99. /otice of Hearing. - AA.). /pon filin of a petition$ the -irector of
.eal Affairs shall forthwith ser"e notice of the filin thereof upon the patent
owner and all persons ha"in rants or licenses$ or any other riht$ title or
interest in and to the patent and in"ention co"ered thereby as appears of record
in the 2ffice$ and of notice of the date of hearin thereon$ on such persons and
petitioner. The resident aent or representati"e appointed in accordance with
Section 11 hereof$ shall be bound to accept ser"ice of notice of the filin of the
petition within the #eanin of this Section.
AA.0. In e"ery case$ the notice shall be published by the said 2ffice in a
newspaper of eneral circulation$ once a week for three &1' consecuti"e weeks
and once in the IP2 ,a!ette at applicant=s e%pense. &Sec. 1(-4$ *.A. Co. )83'
"ection 111. Terms and Conditions of Compulsory 'icense. - The basic ter#s
and conditions includin the rate of royalties of a co#pulsory license shall be
fi%ed by the -irector of .eal Affairs sub7ect to the followin conditions:
)??.). The scope and duration of such license shall be li#ited to the purpose
for which it was authori!ed+
)??.0. The license shall be non-e%clusi"e+
)??.1. The license shall be non-assinable$ e%cept with that part of the
enterprise or business with which the in"ention is bein e%ploited+
)??.(. /se of the sub7ect #atter of the license shall be de"oted predo#inantly
for the supply of the Philippine #arket: Pro"ided$ That this li#itation shall not
apply where the rant of the license is based on the round that the patentee=s
#anner of e%ploitin the patent is deter#ined by 7udicial or ad#inistrati"e
process$ to be anti-co#petiti"e.
)??.3. The license #ay be ter#inated upon proper showin that circu#stances
which led to its rant ha"e ceased to e%ist and are unlikely to recur: Pro"ided$
That ade<uate protection shall be afforded to the leiti#ate interest of the
licensee+ and
)??.8. The patentee shall be paid ade<uate re#uneration takin into account the
econo#ic "alue of the rant or authori!ation$ e%cept that in cases where the
license was ranted to re#edy a practice which was deter#ined after 7udicial or
ad#inistrati"e process$ to be anti-co#petiti"e$ the need to correct the anti-
co#petiti"e practice #ay be taken into account in fi%in the a#ount of
re#uneration. &Sec. 13-9$ *.A. Co. )83a'
"ection 111. (mendment) Cancellation) Surrender of Compulsory 'icense. -
)?).). /pon the re<uest of the patentee or the licensee$ the -irector of .eal
Affairs #ay a#end the decision rantin the co#pulsory license$ upon proper
showin of new facts or circu#stances 7ustifyin such a#end#ent.
)?).0. /pon the re<uest of the patentee$ the said -irector #ay cancel the
co#pulsory license:
&a' If the round for the rant of the co#pulsory license no loner
e%ists and is unlikely to recur+
&b' If the licensee has neither beun to supply the do#estic #arket nor
#ade serious preparation therefor+
&c' If the licensee has not co#plied with the prescribed ter#s of the
license+
)?).1. The licensee #ay surrender the license by a written declaration
sub#itted to the 2ffice.
)?).(. The said -irector shall cause the a#end#ent$ surrender$ or cancellation
in the *eister$ notify the patentee$ andGor the licensee$ and cause notice thereof
to be published in the IP2 ,a!ette. &Sec. 13--$ *.A. Co. )83a'
"ection 112. 'icensee6s +2emption from 'iability. - Any person who works a
patented product$ substance andGor process under a license ranted under this
Chapter$ shall be free fro# any liability for infrine#ent: Pro"ided howe"er$
That in the case of "oluntary licensin$ no collusion with the licensor is pro"en.
This is without pre7udice to the riht of the rihtful owner of the patent to
reco"er fro# the licensor whate"er he #ay ha"e recei"ed as royalties under the
license. &Sec. 13-4$ *.A. Co. )83a'
C&APT!R 3#
A""#%N2!NT AN+ TRAN"2#""#)N ), R#%&T"
"ection 113. Transmission of Rights. - )?1.). Patents or applications for patents
and in"ention to which they relate$ shall be protected in the sa#e way as the
rihts of other property under the Ci"il Code.
)?1.0. In"entions and any riht$ title or interest in and to patents and in"entions
co"ered thereby$ #ay be assined or trans#itted by inheritance or be<uest or
#ay be the sub7ect of a license contract. &Sec. 3?$ *.A. Co. )83a'
"ection 11/. (ssignment of Inventions. - An assin#ent #ay be of the entire
riht$ title or interest in and to the patent and the in"ention co"ered thereby$ or
of an undi"ided share of the entire patent and in"ention$ in which e"ent the
parties beco#e 7oint owners thereof. An assin#ent #ay be li#ited to a
specified territory. &Sec. 3)$ *.A. Co. )83'
"ection 110. orm of (ssignment. - The assin#ent #ust be in writin$
acknowleded before a notary public or other officer authori!ed to ad#inister
oath or perfor# notarial acts$ and certified under the hand and official seal of
the notary or such other officer. &Sec. 30$ *.A. Co. )83'
"ection 116. Recording. - )?8.). The 2ffice shall record assin#ents$ licenses
and other instru#ents relatin to the trans#ission of any riht$ title or interest
in and to in"entions$ and patents or application for patents or in"entions to
which they relate$ which are presented in due for# to the 2ffice for
reistration$ in books and records kept for the purpose. The oriinal docu#ents
toether with a sined duplicate thereof shall be filed$ and the contents thereof
should be kept confidential. If the oriinal is not a"ailable$ an authenticated
copy thereof in duplicate #ay be filed. /pon recordin$ the 2ffice shall retain
the duplicate$ return the oriinal or the authenticated copy to the party who
filed the sa#e and notice of the recordin shall be published in the IP2
,a!ette.
)?8.0. Such instru#ents shall be "oid as aainst any subse<uent purchaser or
#ortaee for "aluable consideration and without notice$ unless$ it is so
recorded in the 2ffice$ within three &1' #onths fro# the date of said
instru#ent$ or prior to the subse<uent purchase or #ortae. &Sec. 31$ *.A. Co.
)83a'
"ection 11. Rights of 5oint !-ners. - If two &0' or #ore persons 7ointly own a
patent and the in"ention co"ered thereby$ either by the issuance of the patent in
their 7oint fa"or or by reason of the assin#ent of an undi"ided share in the
patent and in"ention or by reason of the succession in title to such share$ each
of the 7oint owners shall be entitled to personally #ake$ use$ sell$ or i#port the
in"ention for his own profit: Pro"ided$ howe"er$ That neither of the 7oint
owners shall be entitled to rant licenses or to assin his riht$ title or interest
or part thereof without the consent of the other owner or owners$ or without
proportionally di"idin the proceeds with such other owner or owners. &Sec.
3($ *.A. Co. )83'
C&APT!R 3##
R!%#"TRAT#)N ), (T#'#T* 2)+!'"
"ection 118. (pplicability of Provisions Relating to Patents. - )?@.). Sub7ect to
Section )?A$ the pro"isions o"ernin patents shall apply$ #utatis #utandis$ to
the reistration of utility #odels.
)?@.0. Fhere the riht to a patent conflicts with the riht to a utility #odel
reistration in the case referred to in Section 0A$ the said pro"ision shall apply
as if the word "patent" were replaced by the words "patent or utility #odel
reistration". &Sec. 33$ *.A. Co. )83a'
"ection 119. Special Provisions Relating to ,tility *odels. - )?A.). &a' An
in"ention <ualifies for reistration as a utility #odel if it is new and industrially
applicable.
&b' Section 0)$ "Patentable In"entions"$ shall apply e%cept the
reference to in"enti"e step as a condition of protection.
)?A.0. Sections (1 to (A shall not apply in the case of applications for
reistration of a utility #odel.
)?A.1. A utility #odel reistration shall e%pire$ without any possibility of
renewal$ at the end of the se"enth year after the date of the filin of the
application.
)?A.(. In proceedins under Sections 8) to 8($ the utility #odel reistration
shall be canceled on the followin rounds:
&a' That the clai#ed in"ention does not <ualify for reistration as a
utility #odel and does not #eet the re<uire#ents of reistrability$ in
particular ha"in reard to Subsection )?A.) and Sections 00$ 01$ 0(
and 0;+
&b' That the description and the clai#s do not co#ply with the
prescribed re<uire#ents+
&c' That any drawin which is necessary for the understandin of the
in"ention has not been furnished+
&d' That the owner of the utility #odel reistration is not the in"entor
or his successor in title. &Secs. 33$ 38$ and 3;$ *.A. Co. )83a'
"ection 111. Conversion of Patent (pplications or (pplications for ,tility
*odel Registration. - ))?.). At any ti#e before the rant or refusal of a patent$
an applicant for a patent #ay$ upon pay#ent of the prescribed fee$ con"ert his
application into an application for reistration of a utility #odel$ which shall be
accorded the filin date of the initial application. An application #ay be
con"erted only once.
))?.0. At any ti#e before the rant or refusal of a utility #odel reistration$ an
applicant for a utility #odel reistration #ay$ upon pay#ent of the prescribed
fee$ con"ert his application into a patent application$ which shall be accorded
the filin date of the initial application. &Sec. 3@$ *.A. Co. )83a'
"ection 111. Prohibition against iling of Parallel (pplications. - An applicant
#ay not file two &0' applications for the sa#e sub7ect$ one for utility #odel
reistration and the other for the rant of a patent whether si#ultaneously or
consecuti"ely. &Sec. 3A$ *.A. Co. )83a'
C&APT!R 3###
#N+("TR#A' +!"#%N
"ection 112. Definition of Industrial Design. - An industrial desin is any
co#position of lines or colors or any three-di#ensional for#$ whether or not
associated-with lines or colors: Pro"ided$ That such co#position or for# i"es
a special appearance to and can ser"e as pattern for an industrial product or
handicraft. &Sec. 33$ *.A. Co. )83a'
"ection 113. Substantive Conditions for Protection. - ))1.). 2nly industrial
desins that are new or oriinal shall benefit fro# protection under this Act.
))1.0. Industrial desins dictated essentially by technical or functional
considerations to obtain a technical result or those that are contrary to public
order$ health or #orals shall not be protected. &n'
"ection 11/. Contents of the (pplication. - ))(.). 4"ery application for
reistration of an industrial desin shall contain:
&a' A re<uest for reistration of the industrial desin+
&b' Infor#ation identifyin the applicant+
&c' An indication of the kind of article of #anufacture or handicraft to
which the desin shall be applied+
&d' A representation of the article of #anufacture or handicraft by way
of drawins$ photoraphs or other ade<uate raphic representation of
the desin as applied to the article of #anufacture or handicraft which
clearly and fully discloses those features for which desin protection
is clai#ed+ and
&e' The na#e and address of the creator$ or where the applicant is not
the creator$ a state#ent indicatin the oriin of the riht to the
industrial desin reistration.
))(.0. The application #ay be acco#panied by a speci#en of the article
e#bodyin the industrial desin and shall be sub7ect to the pay#ent of the
prescribed fee.&n'
"ection 110. Several Industrial Designs in !ne (pplication. - Two &0' or #ore
industrial desins #ay be the sub7ect of the sa#e application: Pro"ided$ That
they relate to the sa#e sub-class of the International Classification or to the
sa#e set or co#position of articles. &n'
"ection 116. +2amination. - ))8.). The 2ffice shall accord as the filin date the
date of receipt of the application containin indications allowin the identity of
the applicant to be established and a representation of the article e#bodyin the
industrial desin or a pictorial representation thereof.
))8.0. If the application does not #eet these re<uire#ents the filin date should
be that date when all the ele#ents specified in Section )?3 are filed or the
#istakes corrected. 2therwise if the re<uire#ents are not co#plied within the
prescribed period$ the application shall be considered withdrawn.
))8.1. After the application has been accorded a filin date and the re<uired
fees paid on ti#e$ the applicant shall co#ply with the re<uire#ents of Section
))( within the prescribed period$ otherwise the application shall be considered
withdrawn.
))8.(. The 2ffice shall e%a#ine whether the industrial desin co#plies with
re<uire#ents of Section ))0 and Subsections ))1.0 and ))1.1. &n'
"ection 11. Registration. - ));.). Fhere the 2ffice finds that the conditions
referred to in Section ))1 are fulfilled$ it shall order that reistration be effected
in the industrial desin reister and cause the issuance of an industrial desin
certificate of reistration$ otherwise$ it shall refuse the application.
));.0. The for# and contents of an industrial desin certificate shall be
established by the *eulations: Pro"ided$ That the na#e and address of the
creator shall be #entioned in e"ery case.
));.1. *eistration shall be published in the for# and within the period fi%ed
by the *eulations.
));.(. The 2ffice shall record in the reister any chane in the identity of the
proprietor of the industrial desin or his representati"e$ if proof thereof is
furnished to it. A fee shall be paid$ with the re<uest to record the chane in the
identity of the proprietor. If the fee is not paid$ the re<uest shall be dee#ed not
to ha"e been filed. In such case$ the for#er proprietor and the for#er
representati"e shall re#ain sub7ect to the rihts and obliations as pro"ided in
this Act.
));.3. Anyone #ay inspect the *eister and the files of reistered industrial
desins includin the files of cancellation proceedins. &n'
"ection 118. The Term of Industrial Design Registration. - ))@.) The
reistration of an industrial desin shall be for a period of fi"e &3' years fro#
the filin date of the application.
))@.0. The reistration of an industrial desin #ay be renewed for not #ore
than two &0' consecuti"e periods of fi"e &3' years each$ by payin the renewal
fee.
))@.1. The renewal fee shall be paid within twel"e &)0' #onths precedin the
e%piration of the period of reistration. Bowe"er$ a race period of si% &8'
#onths shall be ranted for pay#ent of the fees after such e%piration$ upon
pay#ent of a surchare
))@.(. The *eulations shall fi% the a#ount of renewal fee$ the surchare and
other re<uire#ents reardin the recordin of renewals of reistration.
"ection 119. (pplication of !ther Sections and Chapters. - ))A.). The
followin pro"isions relatin to patents shall apply #utatis #utandis to an
industrial desin reistration:
Section 0) - Co"elty:
Section 0( -
Prior art: Pro"ided$ That the disclosure is contained in printed docu#ents or in any tanible
for#+
Section 03 - Con-pre7udicial -isclosure+
Section 0; - In"entions Created Pursuant to a Co##ission+
Section 0@ - *iht to a Patent+
Section 0A - :irst to :ile *ule+
Section 1)
-
*iht of Priority: Pro"ided$ That the application for industrial desin shall be filed within si%
&8' #onths fro# the earliest filin date of the correspondin forein application+
Section 11 - Appoint#ent of Aent or *epresentati"e+
Section 3) - *efusal of the Application+
Sections 38 to
8?
- Surrender$ Correction of and Chanes in Patent+
CBAPT4*
6II
- *e#edies of a Person with a *iht to Patent+
CBAPT4*
6III
- *ihts of Patentees and Infrine#ent of Patents+ and
CBAPT4* 5I - Assin#ent and Trans#ission of *ihts.
))A.0. If the essential ele#ents of an industrial desin which is the sub7ect of
an application ha"e been obtained fro# the creation of another person without
his consent$ protection under this Chapter cannot be in"oked aainst the in7ured
party. &n'
"ection 121. Cancellation of Design Registration. - )0?.). At any ti#e durin
the ter# of the industrial desin reistration$ any person upon pay#ent of the
re<uired fee$ #ay petition the -irector of .eal Affairs to cancel the industrial
desin on any of the followin rounds:
&a' If the sub7ect #atter of the industrial desin is not reistrable
within the ter#s of Sections ))0 and ))1+
&b' If the sub7ect #atter is not new+ or
&c' If the sub7ect #atter of the industrial desin e%tends beyond the
content of the application as oriinally filed.
)0?.0. Fhere the rounds for cancellation relate to a part of the industrial
desin$ cancellation #ay be effected to such e%tent only. The restriction #ay be
effected in the for# of an alteration of the effected features of the desin. &n'
PART ###
T&! 'A. )N TRA+!2AR4", "!R-#C! 2AR4" AN+ TRA+!
NA2!"
"ection 121. Definitions. - As used in Part III$ the followin ter#s ha"e the
followin #eanins:
)0).). "Mark" #eans any "isible sin capable of distinuishin the oods
&trade#ark' or ser"ices &ser"ice #ark' of an enterprise and shall include a
sta#ped or #arked container of oods+ &Sec. 1@$ *.A. Co. )88a'
)0).0. "Collecti"e #ark" #eans any "isible sin desinated as such in the
application for reistration and capable of distinuishin the oriin or any other
co##on characteristic$ includin the <uality of oods or ser"ices of different
enterprises which use the sin under the control of the reistered owner of the
collecti"e #ark+ &Sec. (?$ *.A. Co. )88a'
)0).1. "Trade na#e" #eans the na#e or desination identifyin or
distinuishin an enterprise+ &Sec. 1@$ *.A. Co. )88a'
)0).(. "9ureau" #eans the 9ureau of Trade#arks+
)0).3. "-irector" #eans the -irector of Trade#arks+
)0).8. "*eulations" #eans the *ules of Practice in Trade#arks and Ser"ice
Marks for#ulated by the -irector of Trade#arks and appro"ed by the -irector
,eneral+ and
)0).;. "4%a#iner" #eans the trade#ark e%a#iner. &Sec. 1@$ *.A. Co. )88a'
"ection 122. Ho- *ar&s are (c.uired. - The rihts in a #ark shall be ac<uired
throuh reistration #ade "alidly in accordance with the pro"isions of this law.
&Sec. 0-A$ * A. Co. )88a'
"ection 123. Registrability. - )01.). A #ark cannot be reistered if it:
&a' Consists of i##oral$ decepti"e or scandalous #atter$ or #atter
which #ay disparae or falsely suest a connection with persons$
li"in or dead$ institutions$ beliefs$ or national sy#bols$ or brin the#
into conte#pt or disrepute+
&b' Consists of the fla or coat of ar#s or other insinia of the
Philippines or any of its political subdi"isions$ or of any forein
nation$ or any si#ulation thereof+
&c' Consists of a na#e$ portrait or sinature identifyin a particular
li"in indi"idual e%cept by his written consent$ or the na#e$ sinature$
or portrait of a deceased President of the Philippines$ durin the life of
his widow$ if any$ e%cept by written consent of the widow+
&d' Is identical with a reistered #ark belonin to a different
proprietor or a #ark with an earlier filin or priority date$ in respect
of:
&i' The sa#e oods or ser"ices$ or
&ii' Closely related oods or ser"ices$ or
&iii' If it nearly rese#bles such a #ark as to be likely to
decei"e or cause confusion+
&e' Is identical with$ or confusinly si#ilar to$ or constitutes a
translation of a #ark which is considered by the co#petent authority
of the Philippines to be well-known internationally and in the
Philippines$ whether or not it is reistered here$ as bein already the
#ark of a person other than the applicant for reistration$ and used for
identical or si#ilar oods or ser"ices: Pro"ided$ That in deter#inin
whether a #ark is well-known$ account shall be taken of the
knowlede of the rele"ant sector of the public$ rather than of the
public at lare$ includin knowlede in the Philippines which has been
obtained as a result of the pro#otion of the #ark+
&f' Is identical with$ or confusinly si#ilar to$ or constitutes a
translation of a #ark considered well-known in accordance with the
precedin pararaph$ which is reistered in the Philippines with
respect to oods or ser"ices which are not si#ilar to those with respect
to which reistration is applied for: Pro"ided$ That use of the #ark in
relation to those oods or ser"ices would indicate a connection
between those oods or ser"ices$ and the owner of the reistered
#ark: Pro"ided further$ That the interests of the owner of the
reistered #ark are likely to be da#aed by such use+
&' Is likely to #islead the public$ particularly as to the nature$ <uality$
characteristics or eoraphical oriin of the oods or ser"ices+
&h' Consists e%clusi"ely of sins that are eneric for the oods or
ser"ices that they seek to identify+
&i' Consists e%clusi"ely of sins or of indications that ha"e beco#e
custo#ary or usual to desinate the oods or ser"ices in e"eryday
lanuae or in bona fide and established trade practice+
&7' Consists e%clusi"ely of sins or of indications that #ay ser"e in
trade to desinate the kind$ <uality$ <uantity$ intended purpose$ "alue$
eoraphical oriin$ ti#e or production of the oods or renderin of
the ser"ices$ or other characteristics of the oods or ser"ices+
&k' Consists of shapes that #ay be necessitated by technical factors or
by the nature of the oods the#sel"es or factors that affect their
intrinsic "alue+
&l' Consists of color alone$ unless defined by a i"en for#+ or
&#' Is contrary to public order or #orality.
)01.0. As reards sins or de"ices #entioned in pararaphs &7'$ &k'$ and &l'$
nothin shall pre"ent the reistration of any such sin or de"ice which has
beco#e distincti"e in relation to the oods for which reistration is re<uested
as a result of the use that ha"e been #ade of it in co##erce in the Philippines.
The 2ffice #ay accept as pri#a facie e"idence that the #ark has beco#e
distincti"e$ as used in connection with the applicant=s oods or ser"ices in
co##erce$ proof of substantially e%clusi"e and continuous use thereof by the
applicant in co##erce in the Philippines for fi"e &3' years before the date on
which the clai# of distincti"eness is #ade.
)01.1. The nature of the oods to which the #ark is applied will not constitute
an obstacle to reistration. &Sec. ($ *.A. Co. )88a'
"ection 12/. Re.uirements of (pplication. - )0(.). The application for the
reistration of the #ark shall be in :ilipino or in 4nlish and shall contain the
followin:
&a' A re<uest for reistration+
&b' The na#e and address of the applicant+
&c' The na#e of a State of which the applicant is a national or where
he has do#icile+ and the na#e of a State in which the applicant has a
real and effecti"e industrial or co##ercial establish#ent$ if any+
&d' Fhere the applicant is a 7uridical entity$ the law under which it is
orani!ed and e%istin+
&e' The appoint#ent of an aent or representati"e$ if the applicant is
not do#iciled in the Philippines+
&f' Fhere the applicant clai#s the priority of an earlier application$ an
indication of:
i' The na#e of the State with whose national office the
earlier application was filed or if filed with an office other
than a national office$ the na#e of that office$
ii' The date on which the earlier application was filed$ and
iii' Fhere a"ailable$ the application nu#ber of the earlier
application+
&' Fhere the applicant clai#s color as a distincti"e feature of the
#ark$ a state#ent to that effect as well as the na#e or na#es of the
color or colors clai#ed and an indication$ in respect of each color$ of
the principal parts of the #ark which are in that color+
&h' Fhere the #ark is a three-di#ensional #ark$ a state#ent to that
effect+
&i' 2ne or #ore reproductions of the #ark$ as prescribed in the
*eulations+
&7' A transliteration or translation of the #ark or of so#e parts of the
#ark$ as prescribed in the *eulations+
&k' The na#es of the oods or ser"ices for which the reistration is
souht$ rouped accordin to the classes of the Cice Classification$
toether with the nu#ber of the class of the said Classification to
which each roup of oods or ser"ices belons+ and
&l' A sinature by$ or other self-identification of$ the applicant or his
representati"e.
)0(.0. The applicant or the reistrant shall file a declaration of actual use of the
#ark with e"idence to that effect$ as prescribed by the *eulations within three
&1' years fro# the filin date of the application. 2therwise$ the application shall
be refused or the #ark shall be re#o"ed fro# the *eister by the -irector.
)0(.1. 2ne &)' application #ay relate to se"eral oods andGor ser"ices$ whether
they belon to one &)' class or to se"eral classes of the Cice Classification.
)0(.(. If durin the e%a#ination of the application$ the 2ffice finds factual
basis to reasonably doubt the "eracity of any indication or ele#ent in the
application$ it #ay re<uire the applicant to sub#it sufficient e"idence to
re#o"e the doubt. &Sec. 3$ *.A. Co. )88a'
"ection 120. Representation3 (ddress for Service. - If the applicant is not
do#iciled or has no real and effecti"e co##ercial establish#ent in the
Philippines$ he shall desinate by a written docu#ent filed in the 2ffice$ the
na#e and address of a Philippine resident who #ay be ser"ed notices or
process in proceedins affectin the #ark. Such notices or ser"ices #ay be
ser"ed upon the person so desinated by lea"in a copy thereof at the address
specified in the last desination filed. If the person so desinated cannot be
found at the address i"en in the last desination$ such notice or process #ay
be ser"ed upon the -irector. &Sec. 1$ *.A. Co. )88a'
"ection 126. Disclaimers. - The 2ffice #ay allow or re<uire the applicant to
disclai# an unreistrable co#ponent of an otherwise reistrable #ark but such
disclai#er shall not pre7udice or affect the applicant=s or owner=s rihts then
e%istin or thereafter arisin in the disclai#ed #atter$ nor such shall disclai#er
pre7udice or affect the applicant=s or owner=s riht on another application of
later date if the disclai#ed #atter beca#e distincti"e of the applicant=s or
owner=s oods$ business or ser"ices. &Sec. )1$ *.A. Co. )88a'
"ection 12. iling Date. - )0;.). *e<uire#ents. - The filin date of an
application shall be the date on which the 2ffice recei"ed the followin
indications and ele#ents in 4nlish or :ilipino:
&a' An e%press or i#plicit indication that the reistration of a #ark is
souht+
&b' The identity of the applicant+
&c' Indications sufficient to contact the applicant or his representati"e$
if any+
&d' A reproduction of the #ark whose reistration is souht+ and
&e' The list of the oods or ser"ices for which the reistration is
souht.
)0;.0. Co filin date shall be accorded until the re<uired fee is paid. &n'
"ection 128. Single Registration for %oods and7or Services. - Fhere oods
andGor ser"ices belonin to se"eral classes of the Cice Classification ha"e
been included in one &)' application$ such an application shall result in one
reistration. &n'
"ection 129. Division of (pplication. - Any application referrin to se"eral
oods or ser"ices$ hereafter referred to as the "initial application$" #ay be
di"ided by the applicant into two &0' or #ore applications$ hereafter referred to
as the "di"isional applications$" by distributin a#on the latter the oods or
ser"ices referred to in the initial application. The di"isional applications shall
preser"e the filin date of the initial application or the benefit of the riht of
priority. &n'
"ection 131. Signature and !ther *eans of Self0Identification. - )1?.). Fhere
a sinature is re<uired$ the 2ffice shall accept:
&a' A hand-written sinature+ or
&b' The use of other for#s of sinature$ such as a printed or sta#ped
sinature$ or the use of a seal instead of a hand-written sinature:
Pro"ided$ That where a seal is used$ it should be acco#panied by an
indication in letters of the na#e of the sinatory.
)1?.0. The 2ffice shall accept co##unications to it by telecopier$ or by
electronic #eans sub7ect to the conditions or re<uire#ents that will be
prescribed by the *eulations. Fhen co##unications are #ade by
telefacsi#ile$ the reproduction of the sinature$ or the reproduction of the seal
toether with$ where re<uired$ the indication in letters of the na#e of the
natural person whose seal is used$ appears. The oriinal co##unications #ust
be recei"ed by the 2ffice within thirty &1?' days fro# date of receipt of the
telefacsi#ile.
)1?.1. Co attestation$ notari!ation$ authentication$ leali!ation or other
certification of any sinature or other #eans of self-identification referred to in
the precedin pararaphs$ will be re<uired$ e%cept$ where the sinature
concerns the surrender of a reistration. &n'
"ection 131. Priority Right. - )1).). An application for reistration of a #ark
filed in the Philippines by a person referred to in Section 1$ and who pre"iously
duly filed an application for reistration of the sa#e #ark in one of those
countries$ shall be considered as filed as of the day the application was first
filed in the forein country.
)1).0. Co reistration of a #ark in the Philippines by a person described in this
section shall be ranted until such #ark has been reistered in the country of
oriin of the applicant.
)1).1. Cothin in this section shall entitle the owner of a reistration ranted
under this section to sue for acts co##itted prior to the date on which his #ark
was reistered in this country: Pro"ided$ That$ notwithstandin the foreoin$
the owner of a well-known #ark as defined in Section )01.)&e' of this Act$ that
is not reistered in the Philippines$ #ay$ aainst an identical or confusinly
si#ilar #ark$ oppose its reistration$ or petition the cancellation of its
reistration or sue for unfair co#petition$ without pre7udice to a"ailin hi#self
of other re#edies pro"ided for under the law.
)1).(. In like #anner and sub7ect to the sa#e conditions and re<uire#ents$ the
riht pro"ided in this section #ay be based upon a subse<uent reularly filed
application in the sa#e forein country: Pro"ided$ That any forein application
filed prior to such subse<uent application has been withdrawn$ abandoned$ or
otherwise disposed of$ without ha"in been laid open to public inspection and
without lea"in any rihts outstandin$ and has not ser"ed$ nor thereafter shall
ser"e$ as a basis for clai#in a riht of priority. &Sec. 1;$ *.A. Co. )88a'
"ection 132. (pplication /umber and iling Date. - )10.). The 2ffice shall
e%a#ine whether the application satisfies the re<uire#ents for the rant of a
filin date as pro"ided in Section )0; and *eulations relatin thereto. If the
application does not satisfy the filin re<uire#ents$ the 2ffice shall notify the
applicant who shall within a period fi%ed by the *eulations co#plete or
correct the application as re<uired$ otherwise$ the application shall be
considered withdrawn.
)10.0 2nce an application #eets the filin re<uire#ents of Section )0;$ it shall
be nu#bered in the se<uential order$ and the applicant shall be infor#ed of the
application nu#ber and the filin date of the application will be dee#ed to
ha"e been abandoned. &n'
"ection 133. +2amination and Publication. - )11.). 2nce the application #eets
the filin re<uire#ents of Section )0;$ the 2ffice shall e%a#ine whether the
application #eets the re<uire#ents of Section )0( and the #ark as defined in
Section )0) is reistrable under Section )01.
)11.0. Fhere the 2ffice finds that the conditions referred to in Subsection
)11.) are fulfilled$ it shall upon pay#ent of the prescribed fee$ forthwith cause
the application$ as filed$ to be published in the prescribed #anner.
)11.1. If after the e%a#ination$ the applicant is not entitled to reistration for
any reason$ the 2ffice shall ad"ise the applicant thereof and the reasons
therefor. The applicant shall ha"e a period of four &(' #onths in which to reply
or a#end his application$ which shall then be re-e%a#ined. The *eulations
shall deter#ine the procedure for the re-e%a#ination or re"i"al of an
application as well as the appeal to the -irector of Trade#arks fro# any final
action by the 4%a#iner.
)11.(. An abandoned application #ay be re"i"ed as a pendin application
within three &1' #onths fro# the date of abandon#ent$ upon ood cause shown
and the pay#ent of the re<uired fee.
)11.3. The final decision of refusal of the -irector of Trade#arks shall be
appealable to the -irector ,eneral in accordance with the procedure fi%ed by
the *eulations. &Sec. ;$ *.A. Co. )88a'
"ection 13/. !pposition. - Any person who belie"es that he would be da#aed
by the reistration of a #ark #ay$ upon pay#ent of the re<uired fee and within
thirty &1?' days after the publication referred to in Subsection )11.0$ file with
the 2ffice an opposition to the application. Such opposition shall be in writin
and "erified by the oppositor or by any person on his behalf who knows the
facts$ and shall specify the rounds on which it is based and include a state#ent
of the facts relied upon. Copies of certificates of reistration of #arks
reistered in other countries or other supportin docu#ents #entioned in the
opposition shall be filed therewith$ toether with the translation in 4nlish$ if
not in the 4nlish lanuae. :or ood cause shown and upon pay#ent of the
re<uired surchare$ the ti#e for filin an opposition #ay be e%tended by the
-irector of .eal Affairs$ who shall notify the applicant of such e%tension. The
*eulations shall fi% the #a%i#u# period of ti#e within which to file the
opposition. &Sec. @$ *.A. Co. )83a'
"ection 130. /otice and Hearing. - /pon the filin of an opposition$ the 2ffice
shall ser"e notice of the filin on the applicant$ and of the date of the hearin
thereof upon the applicant and the oppositor and all other persons ha"in any
riht$ title or interest in the #ark co"ered by the application$ as appear of
record in the 2ffice. &Sec. A$ *.A. Co. )83'
"ection 136. Issuance and Publication of Certificate. - Fhen the period for
filin the opposition has e%pired$ or when the -irector of .eal Affairs shall
ha"e denied the opposition$ the 2ffice upon pay#ent of the re<uired fee$ shall
issue the certificate of reistration. /pon issuance of a certificate of
reistration$ notice thereof #akin reference to the publication of the
application shall be published in the IP2 ,a!ette. &Sec. )?$ *.A. Co. )83'
"ection 13. Registration of *ar& and Issuance of a Certificate to the !-ner
or his (ssignee. - )1;.). The 2ffice shall #aintain a *eister in which shall be
reistered #arks$ nu#bered in the order of their reistration$ and all
transactions in respect of each #ark$ re<uired to be recorded by "irtue of this
law.
)1;.0. The reistration of a #ark shall include a reproduction of the #ark and
shall #ention: its nu#ber+ the na#e and address of the reistered owner and$ if
the reistered owner=s address is outside the country$ his address for ser"ice
within the country+ the dates of application and reistration+ if priority is
clai#ed$ an indication of this fact$ and the nu#ber$ date and country of the
application$ basis of the priority clai#s+ the list of oods or ser"ices in respect
of which reistration has been ranted$ with the indication of the correspondin
class or classes+ and such other data as the *eulations #ay prescribe fro#
ti#e to ti#e.
)1;.1. A certificate of reistration of a #ark #ay be issued to the assinee of
the applicant: Pro"ided$ That the assin#ent is recorded in the 2ffice. In case
of a chane of ownership$ the 2ffice shall at the written re<uest sined by the
owner$ or his representati"e$ or by the new owner$ or his representati"e and
upon a proper showin and the pay#ent of the prescribed fee$ issue to such
assinee a new certificate of reistration of the said #ark in the na#e of such
assinee$ and for the une%pired part of the oriinal period.
)1;.(. The 2ffice shall record any chane of address$ or address for ser"ice$
which shall be notified to it by the reistered owner.
)1;.3. In the absence of any pro"ision to the contrary in this Act$
co##unications to be #ade to the reistered owner by "irtue of this Act shall
be sent to hi# at his last recorded address and$ at the sa#e$ at his last recorded
address for ser"ice. &Sec. )A$ *.A. Co. )88a'
"ection 138. Certificates of Registration. - A certificate of reistration of a
#ark shall be pri#a facie e"idence of the "alidity of the reistration$ the
reistrant=s ownership of the #ark$ and of the reistrant=s e%clusi"e riht to use
the sa#e in connection with the oods or ser"ices and those that are related
thereto specified in the certificate. &Sec. 0?$ *.A. Co. )83'
"ection 139. Publication of Registered *ar&s3 Inspection of Register. - )1A.).
The 2ffice shall publish$ in the for# and within the period fi%ed by the
*eulations$ the #arks reistered$ in the order of their reistration$ reproducin
all the particulars referred to in Subsection )1;.0.
)1A.0. Marks reistered at the 2ffice #ay be inspected free of chare and any
person #ay obtain copies thereof at his own e%pense. This pro"ision shall also
be applicable to transactions recorded in respect of any reistered #ark. &n'
"ection 1/1. Cancellation upon (pplication by Registrant3 (mendment or
Disclaimer of Registration. - /pon application of the reistrant$ the 2ffice #ay
per#it any reistration to be surrendered for cancellation$ and upon
cancellation the appropriate entry shall be #ade in the records of the 2ffice.
/pon application of the reistrant and pay#ent of the prescribed fee$ the 2ffice
for ood cause #ay per#it any reistration to be a#ended or to be disclai#ed
in part: Pro"ided$ That the a#end#ent or disclai#er does not alter #aterially
the character of the #ark. Appropriate entry shall be #ade in the records of the
2ffice upon the certificate of reistration or$ if said certificate is lost or
destroyed$ upon a certified copy thereof &Sec. )($ *.A. Co. )88'
"ection 1/1. Sealed and Certified Copies as +vidence. - Copies of any records$
books$ papers$ or drawins belonin to the 2ffice relatin to #arks$ and
copies of reistrations$ when authenticated by the seal of the 2ffice and
certified by the -irector of the Ad#inistrati"e$ :inancial and Bu#an *esource
-e"elop#ent Ser"ice 9ureau or in his na#e by an e#ployee of the 2ffice duly
authori!ed by said -irector$ shall be e"idence in all cases wherein the oriinals
would be e"idence+ and any person who applies and pays the prescribed fee
shall secure such copies. &n'
"ection 1/2. Correction of *ista&es *ade by the !ffice. - Fhene"er a #aterial
#istake in a reistration incurred throuh the fault of the 2ffice is clearly
disclosed by the records of the 2ffice$ a certificate statin the fact and nature of
such #istake shall be issued without chare$ recorded and a printed copy
thereof shall be attached to each printed copy of the reistration. Such
corrected reistration shall thereafter ha"e the sa#e effect as the oriinal
certificate+ or in the discretion of the -irector of the Ad#inistrati"e$ :inancial
and Bu#an *esource -e"elop#ent Ser"ice 9ureau a new certificate of
reistration #ay be issued without chare. All certificates of correction
heretofore issued in accordance with the *eulations and the reistration to
which they are attached shall ha"e the sa#e force and effect as if such
certificates and their issuance had been authori!ed by this Act. &n'
"ection 1/3. Correction of *ista&es *ade by (pplicant. - Fhene"er a #istake
is #ade in a reistration and such #istake occurred in ood faith throuh the
fault of the applicant$ the 2ffice #ay issue a certificate upon the pay#ent of the
prescribed fee: Pro"ided$ That the correction does not in"ol"e any chane in
the reistration that re<uires republication of the #ark. &n'
"ection 1//. Classification of %oods and Services. - )((.). 4ach reistration$
and any publication of the 2ffice which concerns an application or reistration
effected by the 2ffice shall indicate the oods or ser"ices by their na#es$
rouped accordin to the classes of the Cice Classification$ and each roup
shall be preceded by the nu#ber of the class of that Classification to which that
roup of oods or ser"ices belons$ presented in the order of the classes of the
said Classification.
)((.0. ,oods or ser"ices #ay not be considered as bein si#ilar or dissi#ilar
to each other on the round that$ in any reistration or publication by the
2ffice$ they appear in different classes of the Cice Classification. &Sec. 8$ *.A.
Co. )88a'
"ection 1/0. Duration. - A certificate of reistration shall re#ain in force for
ten &)?' years: Pro"ided$ That the reistrant shall file a declaration of actual use
and e"idence to that effect$ or shall show "alid reasons based on the e%istence
of obstacles to such use$ as prescribed by the *eulations$ within one &)' year
fro# the fifth anni"ersary of the date of the reistration of the #ark. 2therwise$
the #ark shall be re#o"ed fro# the *eister by the 2ffice. &Sec. )0$ *.A. Co.
)88a'
"ection 1/6. Rene-al. - )(8.). A certificate of reistration #ay be renewed for
periods of ten &)?' years at its e%piration upon pay#ent of the prescribed fee
and upon filin of a re<uest. The re<uest shall contain the followin
indications:
&a' An indication that renewal is souht+
&b' The na#e and address of the reistrant or his successor-in-interest$
hereafter referred to as the "riht holder"+
&c' The reistration nu#ber of the reistration concerned+
&d' The filin date of the application which resulted in the reistration
concerned to be renewed+
&e' Fhere the riht holder has a representati"e$ the na#e and address
of that representati"e+
&f' The na#es of the recorded oods or ser"ices for which the renewal
is re<uested or the na#es of the recorded oods or ser"ices for which
the renewal is not re<uested$ rouped accordin to the classes of the
Cice Classification to which that roup of oods or ser"ices belons
and presented in the order of the classes of the said Classification+ and
&' A sinature by the riht holder or his representati"e.
)(8.0. Such re<uest shall be in :ilipino or 4nlish and #ay be #ade at any
ti#e within si% &8' #onths before the e%piration of the period for which the
reistration was issued or renewed$ or it #ay be #ade within si% &8' #onths
after such e%piration on pay#ent of the additional fee herein prescribed.
)(8.1. If the 2ffice refuses to renew the reistration$ it shall notify the
reistrant of his refusal and the reasons therefor.
)(8.(. An applicant for renewal not do#iciled in the Philippines shall be
sub7ect to and co#ply with the re<uire#ents of this Act. &Sec. )3$ *.A. Co.
)88a'
"ection 1/. Rights Conferred. - )(;.). The owner of a reistered #ark shall
ha"e the e%clusi"e riht to pre"ent all third parties not ha"in the owner=s
consent fro# usin in the course of trade identical or si#ilar sins or containers
for oods or ser"ices which are identical or si#ilar to those in respect of which
the trade#ark is reistered where such use would result in a likelihood of
confusion. In case of the use of an identical sin for identical oods or ser"ices$
a likelihood of confusion shall be presu#ed.
)(;.0. The e%clusi"e riht of the owner of a well-known #ark defined in
Subsection )01.)&e' which is reistered in the Philippines$ shall e%tend to
oods and ser"ices which are not si#ilar to those in respect of which the #ark
is reistered: Pro"ided$ That use of that #ark in relation to those oods or
ser"ices would indicate a connection between those oods or ser"ices and the
owner of the reistered #ark: Pro"ided further$ That the interests of the owner
of the reistered #ark are likely to be da#aed by such use. &n'
"ection 1/8. ,se of Indications by Third Parties for Purposes !ther than those
for -hich the *ar& is ,sed. - *eistration of the #ark shall not confer on the
reistered owner the riht to preclude third parties fro# usin bona fide their
na#es$ addresses$ pseudony#s$ a eoraphical na#e$ or e%act indications
concernin the kind$ <uality$ <uantity$ destination$ "alue$ place of oriin$ or
ti#e of production or of supply$ of their oods or ser"ices: Pro"ided$ That such
use is confined to the purposes of #ere identification or infor#ation and cannot
#islead the public as to the source of the oods or ser"ices. &n'
"ection 1/9. (ssignment and Transfer of (pplication and Registration. - )(A.).
An application for reistration of a #ark$ or its reistration$ #ay be assined or
transferred with or without the transfer of the business usin the #ark. &n'
)(A.0. Such assin#ent or transfer shall$ howe"er$ be null and "oid if it is
liable to #islead the public$ particularly as reards the nature$ source$
#anufacturin process$ characteristics$ or suitability for their purpose$ of the
oods or ser"ices to which the #ark is applied.
)(A.1. The assin#ent of the application for reistration of a #ark$ or of its
reistration$ shall be in writin and re<uire the sinatures of the contractin
parties. Transfers by #erers or other for#s of succession #ay be #ade by any
docu#ent supportin such transfer.
)(A.(. Assin#ents and transfers of reistrations of #arks shall be recorded at
the 2ffice on pay#ent of the prescribed fee+ assin#ent and transfers of
applications for reistration shall$ on pay#ent of the sa#e fee$ be pro"isionally
recorded$ and the #ark$ when reistered$ shall be in the na#e of the assinee or
transferee.
)(A.3. Assin#ents and transfers shall ha"e no effect aainst third parties until
they are recorded at the 2ffice. &Sec. 1)$ *.A. Co. )88a'
"ection 101. 'icense Contracts. - )3?.). Any license contract concernin the
reistration of a #ark$ or an application therefor$ shall pro"ide for effecti"e
control by the licensor of the <uality of the oods or ser"ices of the licensee in
connection with which the #ark is used. If the license contract does not pro"ide
for such <uality control$ or if such <uality control is not effecti"ely carried out$
the license contract shall not be "alid.
)3?.0. A license contract shall be sub#itted to the 2ffice which shall keep its
contents confidential but shall record it and publish a reference thereto. A
license contract shall ha"e no effect aainst third parties until such recordin is
effected. The *eulations shall fi% the procedure for the recordin of the
license contract. &n'
"ection 101. Cancellation. - )3).). A petition to cancel a reistration of a #ark
under this Act #ay be filed with the 9ureau of .eal Affairs by any person
who belie"es that he is or will be da#aed by the reistration of a #ark under
this Act as follows:
&a' Fithin fi"e &3' years fro# the date of the reistration of the #ark
under this Act.
&b' At any ti#e$ if the reistered #ark beco#es the eneric na#e for
the oods or ser"ices$ or a portion thereof$ for which it is reistered$ or
has been abandoned$ or its reistration was obtained fraudulently or
contrary to the pro"isions of this Act$ or if the reistered #ark is bein
used by$ or with the per#ission of$ the reistrant so as to #isrepresent
the source of the oods or ser"ices on or in connection with which the
#ark is used. If the reistered #ark beco#es the eneric na#e for less
than all of the oods or ser"ices for which it is reistered$ a petition to
cancel the reistration for only those oods or ser"ices #ay be filed. A
reistered #ark shall not be dee#ed to be the eneric na#e of oods
or ser"ices solely because such #ark is also used as a na#e of or to
identify a uni<ue product or ser"ice. The pri#ary sinificance of the
reistered #ark to the rele"ant public rather than purchaser #oti"ation
shall be the test for deter#inin whether the reistered #ark has
beco#e the eneric na#e of oods or ser"ices on or in connection
with which it has been used. &n'
&c' At any ti#e$ if the reistered owner of the #ark without leiti#ate
reason fails to use the #ark within the Philippines$ or to cause it to be
used in the Philippines by "irtue of a license durin an uninterrupted
period of three &1' years or loner.
)3).0. Cotwithstandin the foreoin pro"isions$ the court or the
ad#inistrati"e aency "ested with 7urisdiction to hear and ad7udicate any action
to enforce the rihts to a reistered #ark shall likewise e%ercise 7urisdiction to
deter#ine whether the reistration of said #ark #ay be cancelled in
accordance with this Act. The filin of a suit to enforce the reistered #ark
with the proper court or aency shall e%clude any other court or aency fro#
assu#in 7urisdiction o"er a subse<uently filed petition to cancel the sa#e
#ark. 2n the other hand$ the earlier filin of petition to cancel the #ark with
the 9ureau of .eal Affairs shall not constitute a pre7udicial <uestion that #ust
be resol"ed before an action to enforce the rihts to sa#e reistered #ark #ay
be decided. &Sec. );$ *.A. Co. )88a'
"ection 102. /on0use of a *ar& 8hen +2cused. - )30.). Con-use of a #ark
#ay be e%cused if caused by circu#stances arisin independently of the will of
the trade#ark owner. .ack of funds shall not e%cuse non-use of a #ark.
)30.0. The use of the #ark in a for# different fro# the for# in which it is
reistered$ which does not alter its distincti"e character$ shall not be round for
cancellation or re#o"al of the #ark and shall not di#inish the protection
ranted to the #ark.
)30.1. The use of a #ark in connection with one or #ore of the oods or
ser"ices belonin to the class in respect of which the #ark is reistered shall
pre"ent its cancellation or re#o"al in respect of all other oods or ser"ices of
the sa#e class.
)30.(. The use of a #ark by a co#pany related with the reistrant or applicant
shall inure to the latter=s benefit$ and such use shall not affect the "alidity of
such #ark or of its reistration: Pro"ided$ That such #ark is not used in such
#anner as to decei"e the public. If use of a #ark by a person is controlled by
the reistrant or applicant with respect to the nature and <uality of the oods or
ser"ices$ such use shall inure to the benefit of the reistrant or applicant. &n'
"ection 103. Re.uirements of Petition3 /otice and Hearing. - Insofar as
applicable$ the petition for cancellation shall be in the sa#e for# as that
pro"ided in Section )1( hereof$ and notice and hearin shall be as pro"ided in
Section )13 hereof.
"ection 10/. Cancellation of Registration. - If the 9ureau of .eal Affairs
finds that a case for cancellation has been #ade out$ it shall order the
cancellation of the reistration. Fhen the order or 7ud#ent beco#es final$ any
riht conferred by such reistration upon the reistrant or any person in interest
of record shall ter#inate. Cotice of cancellation shall be published in the IP2
,a!ette. &Sec. )A$ *.A. Co. )88a'
"ection 100. Remedies3 Infringement. - Any person who shall$ without the
consent of the owner of the reistered #ark:
)33.). /se in co##erce any reproduction$ counterfeit$ copy$ or colorable
i#itation of a reistered #ark or the sa#e container or a do#inant feature
thereof in connection with the sale$ offerin for sale$ distribution$ ad"ertisin of
any oods or ser"ices includin other preparatory steps necessary to carry out
the sale of any oods or ser"ices on or in connection with which such use is
likely to cause confusion$ or to cause #istake$ or to decei"e+ or
)33.0. *eproduce$ counterfeit$ copy or colorably i#itate a reistered #ark or a
do#inant feature thereof and apply such reproduction$ counterfeit$ copy or
colorable i#itation to labels$ sins$ prints$ packaes$ wrappers$ receptacles or
ad"ertise#ents intended to be used in co##erce upon or in connection with the
sale$ offerin for sale$ distribution$ or ad"ertisin of oods or ser"ices on or in
connection with which such use is likely to cause confusion$ or to cause
#istake$ or to decei"e$ shall be liable in a ci"il action for infrine#ent by the
reistrant for the re#edies hereinafter set forth: Pro"ided$ That the
infrine#ent takes place at the #o#ent any of the acts stated in Subsection
)33.) or this subsection are co##itted reardless of whether there is actual
sale of oods or ser"ices usin the infrinin #aterial. &Sec. 00$ *.A. Co )88a'
"ection 106. (ctions) and Damages and In1unction for Infringement. - )38.).
The owner of a reistered #ark #ay reco"er da#aes fro# any person who
infrines his rihts$ and the #easure of the da#aes suffered shall be either the
reasonable profit which the co#plainin party would ha"e #ade$ had the
defendant not infrined his rihts$ or the profit which the defendant actually
#ade out of the infrine#ent$ or in the e"ent such #easure of da#aes cannot
be readily ascertained with reasonable certainty$ then the court #ay award as
da#aes a reasonable percentae based upon the a#ount of ross sales of the
defendant or the "alue of the ser"ices in connection with which the #ark or
trade na#e was used in the infrine#ent of the rihts of the co#plainin party.
&Sec. 01$ first par.$ *.A. Co. )88a'
)38.0. 2n application of the co#plainant$ the court #ay i#pound durin the
pendency of the action$ sales in"oices and other docu#ents e"idencin sales.
&n'
)38.1. In cases where actual intent to #islead the public or to defraud the
co#plainant is shown$ in the discretion of the court$ the da#aes #ay be
doubled. &Sec. 01$ first par.$ *.A. Co. )88'
)38.(. The co#plainant$ upon proper showin$ #ay also be ranted in7unction.
&Sec. 01$ second par.$ *.A. Co. )88a'
"ection 10. Po-er of Court to !rder Infringing *aterial Destroyed. - )3;.)
In any action arisin under this Act$ in which a "iolation of any riht of the
owner of the reistered #ark is established$ the court #ay order that oods
found to be infrinin be$ without co#pensation of any sort$ disposed of
outside the channels of co##erce in such a #anner as to a"oid any har#
caused to the riht holder$ or destroyed+ and all labels$ sins$ prints$ packaes$
wrappers$ receptacles and ad"ertise#ents in the possession of the defendant$
bearin the reistered #ark or trade na#e or any reproduction$ counterfeit$
copy or colorable i#itation thereof$ all plates$ #olds$ #atrices and other #eans
of #akin the sa#e$ shall be deli"ered up and destroyed.
)3;.0. In reard to counterfeit oods$ the si#ple re#o"al of the trade#ark
affi%ed shall not be sufficient other than in e%ceptional cases which shall be
deter#ined by the *eulations$ to per#it the release of the oods into the
channels of co##erce. &Sec. 0($ *.A. Co. )88a'
"ection 108. Damages3 Re.uirement of /otice. - In any suit for infrine#ent$
the owner of the reistered #ark shall not be entitled to reco"er profits or
da#aes unless the acts ha"e been co##itted with knowlede that such
i#itation is likely to cause confusion$ or to cause #istake$ or to decei"e. Such
knowlede is presu#ed if the reistrant i"es notice that his #ark is reistered
by displayin with the #ark the words ="*eistered Mark" or the letter * within
a circle or if the defendant had otherwise actual notice of the reistration. &Sec.
0)$ *.A. Co. )88a'
"ection 109. 'imitations to (ctions for Infringement. - Cotwithstandin any
other pro"ision of this Act$ the re#edies i"en to the owner of a riht infrined
under this Act shall be li#ited as follows:
)3A.). Cotwithstandin the pro"isions of Section )33 hereof$ a reistered #ark
shall ha"e no effect aainst any person who$ in ood faith$ before the filin date
or the priority date$ was usin the #ark for the purposes of his business or
enterprise: Pro"ided$ That his riht #ay only be transferred or assined
toether with his enterprise or business or with that part of his enterprise or
business in which the #ark is used.
)3A.0. Fhere an infriner who is enaed solely in the business of printin the
#ark or other infrinin #aterials for others is an innocent infriner$ the owner
of the riht infrined shall be entitled as aainst such infriner only to an
in7unction aainst future printin.
)3A.1. Fhere the infrine#ent co#plained of is contained in or is part of paid
ad"ertise#ent in a newspaper$ #aa!ine$ or other si#ilar periodical or in an
electronic co##unication$ the re#edies of the owner of the riht infrined as
aainst the publisher or distributor of such newspaper$ #aa!ine$ or other
si#ilar periodical or electronic co##unication shall be li#ited to an in7unction
aainst the presentation of such ad"ertisin #atter in future issues of such
newspapers$ #aa!ines$ or other si#ilar periodicals or in future trans#issions
of such electronic co##unications. The li#itations of this subpararaph shall
apply only to innocent infriners: Pro"ided$ That such in7uncti"e relief shall not
be a"ailable to the owner of the riht infrined with respect to an issue of a
newspaper$ #aa!ine$ or other si#ilar periodical or an electronic
co##unication containin infrinin #atter where restrainin the
disse#ination of such infrinin #atter in any particular issue of such
periodical or in an electronic co##unication would delay the deli"ery of such
issue or trans#ission of such electronic co##unication is custo#arily
conducted in accordance with the sound business practice$ and not due to any
#ethod or de"ice adopted to e"ade this section or to pre"ent or delay the
issuance of an in7unction or restrainin order with respect to such infrinin
#atter. &n'
"ection 161. Right of oreign Corporation to Sue in Trademar& or Service
*ar& +nforcement (ction. - Any forein national or 7uridical person who #eets
the re<uire#ents of Section 1 of this Act and does not enae in business in the
Philippines #ay brin a ci"il or ad#inistrati"e action hereunder for opposition$
cancellation$ infrine#ent$ unfair co#petition$ or false desination of oriin
and false description$ whether or not it is licensed to do business in the
Philippines under e%istin laws. &Sec. 0)-A$ *.A. Co. )88a'
"ection 161. (uthority to Determine Right to Registration. - In any action
in"ol"in a reistered #ark$ the court #ay deter#ine the riht to reistration$
order the cancellation of a reistration$ in whole or in part$ and otherwise
rectify the reister with respect to the reistration of any party to the action in
the e%ercise of this. Hud#ent and orders shall be certified by the court to the
-irector$ who shall #ake appropriate entry upon the records of the 9ureau$ and
shall be controlled thereby. &Sec. 03$ *.A. Co. )88a'
"ection 162. (ction for alse or raudulent Declaration. - Any person who
shall procure reistration in the 2ffice of a #ark by a false or fraudulent
declaration or representation$ whether oral or in writin$ or by any false #eans$
shall be liable in a ci"il action by any person in7ured thereby for any da#aes
sustained in conse<uence thereof &Sec. 08$ *.A. Co. )88'
"ection 163. 5urisdiction of Court. - All actions under Sections )3?$ )33$ )8($
and )88 to )8A shall be brouht before the proper courts with appropriate
7urisdiction under e%istin laws. &Sec. 0;$ *.A. Co. )88'
"ection 16/. /otice of iling Suit %iven to the Director. - It shall be the duty of
the clerks of such courts within one &)' #onth after the filin of any action$
suit$ or proceedin in"ol"in a #ark reistered under the pro"isions of this Act$
to notify the -irector in writin settin forth: the na#es and addresses of the
litiants and desinatin the nu#ber of the reistration or reistrations and
within one &)' #onth after the 7ud#ent is entered or an appeal is taken$ the
clerk of court shall i"e notice thereof to the 2ffice$ and the latter shall endorse
the sa#e upon the filewrapper of the said reistration or reistrations and
incorporate the sa#e as a part of the contents of said filewrapper. &n'
"ection 160. Trade /ames or Business /ames. - )83.). A na#e or desination
#ay not be used as a trade na#e if by its nature or the use to which such na#e
or desination #ay be put$ it is contrary to public order or #orals and if$ in
particular$ it is liable to decei"e trade circles or the public as to the nature of the
enterprise identified by that na#e.
)83.0.&a' Cotwithstandin any laws or reulations pro"idin for any obliation
to reister trade na#es$ such na#es shall be protected$ e"en prior to or without
reistration$ aainst any unlawful act co##itted by third parties.
&b' In particular$ any subse<uent use of the trade na#e by a third party$
whether as a trade na#e or a #ark or collecti"e #ark$ or any such use
of a si#ilar trade na#e or #ark$ likely to #islead the public$ shall be
dee#ed unlawful.
)83.1. The re#edies pro"ided for in Sections )31 to )38 and Sections )88 and
)8; shall apply #utatis #utandis.
)83.(. Any chane in the ownership of a trade na#e shall be #ade with the
transfer of the enterprise or part thereof identified by that na#e. The pro"isions
of Subsections )(A.0 to )(A.( shall apply #utatis #utandis.
"ection 166. %oods Bearing Infringing *ar&s or Trade /ames. - Co article of
i#ported #erchandise which shall copy or si#ulate the na#e of any do#estic
product$ or #anufacturer$ or dealer$ or which shall copy or si#ulate a #ark
reistered in accordance with the pro"isions of this Act$ or shall bear a #ark or
trade na#e calculated to induce the public to belie"e that the article is
#anufactured in the Philippines$ or that it is #anufactured in any forein
country or locality other than the country or locality where it is in fact
#anufactured$ shall be ad#itted to entry at any custo#house of the Philippines.
In order to aid the officers of the custo#s ser"ice in enforcin this prohibition$
any person who is entitled to the benefits of this Act$ #ay re<uire that his na#e
and residence$ and the na#e of the locality in which his oods are
#anufactured$ a copy of the certificate of reistration of his #ark or trade
na#e$ to be recorded in books which shall be kept for this purpose in the
9ureau of Custo#s$ under such reulations as the Collector of Custo#s with
the appro"al of the Secretary of :inance shall prescribe$ and #ay furnish to the
said 9ureau facsi#iles of his na#e$ the na#e of the locality in which his oods
are #anufactured$ or his reistered #ark or trade na#e$ and thereupon the
Collector of Custo#s shall cause one &)' or #ore copies of the sa#e to be
trans#itted to each collector or to other proper officer of the 9ureau of
Custo#s. &Sec. 13$ *.A. Co. )88'
"ection 16. Collective *ar&s. - )8;.). Sub7ect to Subsections )8;.0 and
)8;.1$ Sections )00 to )8( and )88 shall apply to collecti"e #arks$ e%cept that
references therein to "#ark" shall be read as "collecti"e #ark".
)8;.0.&a' An application for reistration of a collecti"e #ark shall desinate the
#ark as a collecti"e #ark and shall be acco#panied by a copy of the
aree#ent$ if any$ o"ernin the use of the collecti"e #ark.
&b' The reistered owner of a collecti"e #ark shall notify the -irector
of any chanes #ade in respect of the aree#ent referred to in
pararaph &a'.
)8;.1. In addition to the rounds pro"ided in Section )(A$ the Court shall
cancel the reistration of a collecti"e #ark if the person re<uestin the
cancellation pro"es that only the reistered owner uses the #ark$ or that he uses
or per#its its use in contra"ention of the aree#ents referred to in Subsection
)88.0 or that he uses or per#its its use in a #anner liable to decei"e trade
circles or the public as to the oriin or any other co##on characteristics of the
oods or ser"ices concerned.
)8;.(. The reistration of a collecti"e #ark$ or an application therefor shall not
be the sub7ect of a license contract. &Sec. (?$ *.A. Co. )88a'
"ection 168. ,nfair Competition) Rights) Regulation and Remedies. - )8@.). A
person who has identified in the #ind of the public the oods he #anufactures
or deals in$ his business or ser"ices fro# those of others$ whether or not a
reistered #ark is e#ployed$ has a property riht in the oodwill of the said
oods$ business or ser"ices so identified$ which will be protected in the sa#e
#anner as other property rihts.
)8@.0. Any person who shall e#ploy deception or any other #eans contrary to
ood faith by which he shall pass off the oods #anufactured by hi# or in
which he deals$ or his business$ or ser"ices for those of the one ha"in
established such oodwill$ or who shall co##it any acts calculated to produce
said result$ shall be uilty of unfair co#petition$ and shall be sub7ect to an
action therefor.
)8@.1. In particular$ and without in any way li#itin the scope of protection
aainst unfair co#petition$ the followin shall be dee#ed uilty of unfair
co#petition:
&a' Any person$ who is sellin his oods and i"es the# the eneral
appearance of oods of another #anufacturer or dealer$ either as to the
oods the#sel"es or in the wrappin of the packaes in which they are
contained$ or the de"ices or words thereon$ or in any other feature of
their appearance$ which would be likely to influence purchasers to
belie"e that the oods offered are those of a #anufacturer or dealer$
other than the actual #anufacturer or dealer$ or who otherwise clothes
the oods with such appearance as shall decei"e the public and
defraud another of his leiti#ate trade$ or any subse<uent "endor of
such oods or any aent of any "endor enaed in sellin such oods
with a like purpose+
&b' Any person who by any artifice$ or de"ice$ or who e#ploys any
other #eans calculated to induce the false belief that such person is
offerin the ser"ices of another who has identified such ser"ices in the
#ind of the public+ or
&c' Any person who shall #ake any false state#ent in the course of
trade or who shall co##it any other act contrary to ood faith of a
nature calculated to discredit the oods$ business or ser"ices of
another.
)8@.(. The re#edies pro"ided by Sections )38$ )3; and )8) shall apply #utatis
#utandis. &Sec. 0A$ *.A. Co. )88a'
"ection 169. alse Designations of !rigin3 alse Description or
Representation. - )8A.). Any person who$ on or in connection with any oods
or ser"ices$ or any container for oods$ uses in co##erce any word$ ter#$
na#e$ sy#bol$ or de"ice$ or any co#bination thereof$ or any false desination
of oriin$ false or #isleadin description of fact$ or false or #isleadin
representation of fact$ which:
&a' Is likely to cause confusion$ or to cause #istake$ or to decei"e as to
the affiliation$ connection$ or association of such person with another
person$ or as to the oriin$ sponsorship$ or appro"al of his or her
oods$ ser"ices$ or co##ercial acti"ities by another person+ or
&b' In co##ercial ad"ertisin or pro#otion$ #isrepresents the nature$
characteristics$ <ualities$ or eoraphic oriin of his or her or another
person=s oods$ ser"ices$ or co##ercial acti"ities$ shall be liable to a
ci"il action for da#aes and in7unction pro"ided in Sections )38 and
)3; of this Act by any person who belie"es that he or she is or is likely
to be da#aed by such act.
)8A.0. Any oods #arked or labelled in contra"ention of the pro"isions of this
Section shall not be i#ported into the Philippines or ad#itted entry at any
custo#house of the Philippines. The owner$ i#porter$ or consinee of oods
refused entry at any custo#house under this section #ay ha"e any recourse
under the custo#s re"enue laws or #ay ha"e the re#edy i"en by this Act in
cases in"ol"in oods refused entry or sei!ed. &Sec. 1?$ *.A. Co. )88a'
"ection 11. Penalties. - Independent of the ci"il and ad#inistrati"e sanctions
i#posed by law$ a cri#inal penalty of i#prison#ent fro# two &0' years to fi"e
&3' years and a fine ranin fro# :ifty thousand pesos &P3?$???' to Two
hundred thousand pesos&P0??$???'$ shall be i#posed on any person who is
found uilty of co##ittin any of the acts #entioned in Section )33$ Section
)8@ and Subsection )8A.). &Arts. )@@ and )@A$ *e"ised Penal Code'
PART #-
T&! 'A. )N C)P*R#%&T
C&APT!R #
PR!'#2#NAR* PR)-#"#)N"
"ection 11. Definitions. - :or the purpose of this Act$ the followin ter#s
ha"e the followin #eanin:
);).). "Author" is the natural person who has created the work+
);).0. A "collecti"e work" is a work which has been created by two &0' or #ore
natural persons at the initiati"e and under the direction of another with the
understandin that it will be disclosed by the latter under his own na#e and
that contributin natural persons will not be identified+
);).1. "Co##unication to the public" or "co##unicate to the public" #eans
the #akin of a work a"ailable to the public by wire or wireless #eans in such
a way that #e#bers of the public #ay access these works fro# a place and
ti#e indi"idually chosen by the#+
);).(. A "co#puter" is an electronic or si#ilar de"ice ha"in infor#ation-
processin capabilities$ and a "co#puter prora#" is a set of instructions
e%pressed in words$ codes$ sche#es or in any other for#$ which is capable
when incorporated in a #ediu# that the co#puter can read$ of causin the
co#puter to perfor# or achie"e a particular task or result+
);).3. "Public lendin" is the transfer of possession of the oriinal or a copy of
a work or sound recordin for a li#ited period$ for non-profit purposes$ by an
institution the ser"ices of which are a"ailable to the public$ such as public
library or archi"e+
);).8. "Public perfor#ance"$ in the case of a work other than an audio"isual
work$ is the recitation$ playin$ dancin$ actin or otherwise perfor#in the
work$ either directly or by #eans of any de"ice or process+ in the case of an
audio"isual work$ the showin of its i#aes in se<uence and the #akin of the
sounds acco#panyin it audible+ and$ in the case of a sound recordin$ #akin
the recorded sounds audible at a place or at places where persons outside the
nor#al circle of a fa#ily and that fa#ily=s closest social ac<uaintances are or
can be present$ irrespecti"e of whether they are or can be present at the sa#e
place and at the sa#e ti#e$ or at different places andGor at different ti#es$ and
where the perfor#ance can be percei"ed without the need for co##unication
within the #eanin of Subsection );).1+
);).;. "Published works" #eans works$ which$ with the consent of the authors$
are #ade a"ailable to the public by wire or wireless #eans in such a way that
#e#bers of the public #ay access these works fro# a place and ti#e
indi"idually chosen by the#: Pro"ided$ That a"ailability of such copies has
been such$ as to satisfy the reasonable re<uire#ents of the public$ ha"in
reard to the nature of the work+
);).@. "*ental" is the transfer of the possession of the oriinal or a copy of a
work or a sound recordin for a li#ited period of ti#e$ for profit-#akin
purposes+
);).A. "*eproduction" is the #akin of one &)' or #ore copies of a work or a
sound recordin in any #anner or for# &Sec. () &4'$ P.-. Co. (A a'+
);).)?. A "work of applied art" is an artistic creation with utilitarian functions
or incorporated in a useful article$ whether #ade by hand or produced on an
industrial scale+
);).)). A "work of the ,o"ern#ent of the Philippines" is a work created by an
officer or e#ployee of the Philippine ,o"ern#ent or any of its subdi"isions
and instru#entalities$ includin o"ern#ent-owned or controlled corporations
as a part of his reularly prescribed official duties.
C&APT!R ##
)R#%#NA' .)R4"
"ection 12. 'iterary and (rtistic 8or&s. - );0.). .iterary and artistic works$
hereinafter referred to as "works"$ are oriinal intellectual creations in the
literary and artistic do#ain protected fro# the #o#ent of their creation and
shall include in particular:
&a' 9ooks$ pa#phlets$ articles and other writins+
&b' Periodicals and newspapers+
&c' .ectures$ ser#ons$ addresses$ dissertations prepared for oral
deli"ery$ whether or not reduced in writin or other #aterial for#+
&d' .etters+
&e' -ra#atic or dra#atico-#usical co#positions+ choreoraphic
works or entertain#ent in du#b shows+
&f' Musical co#positions$ with or without words+
&' Forks of drawin$ paintin$ architecture$ sculpture$ enra"in$
lithoraphy or other works of art+ #odels or desins for works of art+
&h' 2riinal orna#ental desins or #odels for articles of #anufacture$
whether or not reistrable as an industrial desin$ and other works of
applied art+
&i' Illustrations$ #aps$ plans$ sketches$ charts and three-di#ensional
works relati"e to eoraphy$ toporaphy$ architecture or science+
&7' -rawins or plastic works of a scientific or technical character+
&k' Photoraphic works includin works produced by a process
analoous to photoraphy+ lantern slides+
&l' Audio"isual works and cine#atoraphic works and works
produced by a process analoous to cine#atoraphy or any process
for #akin audio-"isual recordins+
&#' Pictorial illustrations and ad"ertise#ents+
&n' Co#puter prora#s+ and
&o' 2ther literary$ scholarly$ scientific and artistic works.
);0.0. Forks are protected by the sole fact of their creation$ irrespecti"e of
their #ode or for# of e%pression$ as well as of their content$ <uality and
purpose. &Sec. 0$ P.-. Co. (Aa'
C&APT!R ###
+!R#-AT#-! .)R4"
"ection 13. Derivative 8or&s. - );1.). The followin deri"ati"e works shall
also be protected by copyriht:
&a' -ra#ati!ations$ translations$ adaptations$ abrid#ents$
arrane#ents$ and other alterations of literary or artistic works+ and
&b' Collections of literary$ scholarly or artistic works$ and
co#pilations of data and other #aterials which are oriinal by reason
of the selection or coordination or arrane#ent of their contents. &Sec.
0$ DPE and D>E$ P.-. Co. (A'
);1.0. The works referred to in pararaphs &a' and &b' of Subsection );1.) shall
be protected as new works: Pro"ided howe"er$ That such new work shall not
affect the force of any subsistin copyriht upon the oriinal works e#ployed
or any part thereof$ or be construed to i#ply any riht to such use of the
oriinal works$ or to secure or e%tend copyriht in such oriinal works. &Sec. @$
P.-. (A+ Art. )?$ T*IPS'
"ection 1/. Published +dition of 8or&. - In addition to the riht to publish
ranted by the author$ his heirs$ or assins$ the publisher shall ha"e a copyriht
consistin #erely of the riht of reproduction of the typoraphical arrane#ent
of the published edition of the work. &n'
C&APT!R #-
.)R4" N)T PR)T!CT!+
"ection 10. ,nprotected Sub1ect *atter. - Cotwithstandin the pro"isions of
Sections );0 and );1$ no protection shall e%tend$ under this law$ to any idea$
procedure$ syste#$ #ethod or operation$ concept$ principle$ disco"ery or #ere
data as such$ e"en if they are e%pressed$ e%plained$ illustrated or e#bodied in a
work+ news of the day and other #iscellaneous facts ha"in the character of
#ere ite#s of press infor#ation+ or any official te%t of a leislati"e$
ad#inistrati"e or leal nature$ as well as any official translation thereof &n'
"ection 16. 8or&s of the %overnment. - );8.). Co copyriht shall subsist in
any work of the ,o"ern#ent of the Philippines. Bowe"er$ prior appro"al of the
o"ern#ent aency or office wherein the work is created shall be necessary for
e%ploitation of such work for profit. Such aency or office #ay$ a#on other
thins$ i#pose as a condition the pay#ent of royalties. Co prior appro"al or
conditions shall be re<uired for the use of any purpose of statutes$ rules and
reulations$ and speeches$ lectures$ ser#ons$ addresses$ and dissertations$
pronounced$ read or rendered in courts of 7ustice$ before ad#inistrati"e
aencies$ in deliberati"e asse#blies and in #eetins of public character. &Sec.
A$ first par.$ P.-. Co. (A'
);8.0. The author of speeches$ lectures$ ser#ons$ addresses$ and dissertations
#entioned in the precedin pararaphs shall ha"e the e%clusi"e riht of #akin
a collection of his works. &n'
);8.1. Cotwithstandin the foreoin pro"isions$ the ,o"ern#ent is not
precluded fro# recei"in and holdin copyrihts transferred to it by
assin#ent$ be<uest or otherwise+ nor shall publication or republication by the
,o"ern#ent in a public docu#ent of any work in which copyriht is subsistin
be taken to cause any abrid#ent or annul#ent of the copyriht or to authori!e
any use or appropriation of such work without the consent of the copyriht
owner. &Sec. A$ third par.$ P.-. Co. (A'
C&APT!R -
C)P*R#%&T )R !C)N)2#C R#%&T"
"ection 1. Copyright or +conomic Rights. - Sub7ect to the pro"isions of
Chapter 6III$ copyriht or econo#ic rihts shall consist of the e%clusi"e riht
to carry out$ authori!e or pre"ent the followin acts:
);;.). *eproduction of the work or substantial portion of the work+
);;.0. -ra#ati!ation$ translation$ adaptation$ abrid#ent$ arrane#ent or other
transfor#ation of the work+
);;.1. The first public distribution of the oriinal and each copy of the work by
sale or other for#s of transfer of ownership+
);;.(. *ental of the oriinal or a copy of an audio"isual or cine#atoraphic
work$ a work e#bodied in a sound recordin$ a co#puter prora#$ a
co#pilation of data and other #aterials or a #usical work in raphic for#$
irrespecti"e of the ownership of the oriinal or the copy which is the sub7ect of
the rental+ &n'
);;.3. Public display of the oriinal or a copy of the work+
);;.8. Public perfor#ance of the work+ and
);;.;. 2ther co##unication to the public of the work. &Sec. 3$ P. -. Co. (Aa'
C&APT!R -#
).N!R"&#P ), C)P*R#%&T
"ection 18. Rules on Copyright !-nership. - Copyriht ownership shall be
o"erned by the followin rules:
);@.) Sub7ect to the pro"isions of this section$ in the case of oriinal literary
and artistic works$ copyriht shall belon to the author of the work+
);@.0. In the case of works of 7oint authorship$ the co-authors shall be the
oriinal owners of the copyriht and in the absence of aree#ent$ their rihts
shall be o"erned by the rules on co-ownership. If$ howe"er$ a work of 7oint
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 oriinal owner of the
copyriht in the part that he has created+
);@.1. In the case of work created by an author durin and in the course of his
e#ploy#ent$ the copyriht shall belon to:
&a' The e#ployee$ if the creation of the ob7ect of copyriht is not a
part of his reular duties e"en if the e#ployee uses the ti#e$ facilities
and #aterials of the e#ployer.
&b' The e#ployer$ if the work is the result of the perfor#ance of his
reularly-assined duties$ unless there is an aree#ent$ e%press or
i#plied$ to the contrary.
);@.(. In the case of a work co##issioned by a person other than an e#ployer
of the author and who pays for it and the work is #ade in pursuance of the
co##ission$ the person who so co##issioned the work shall ha"e ownership
of the work$ but the copyriht thereto shall re#ain with the creator$ unless there
is a written stipulation to the contrary+
);@.3. In the case of audio"isual work$ the copyriht shall belon to the
producer$ the author of the scenario$ the co#poser of the #usic$ the fil#
director$ and the author of the work so adapted. Bowe"er$ sub7ect to contrary or
other stipulations a#on the creators$ the producer shall e%ercise the copyriht
to an e%tent re<uired for the e%hibition of the work in any #anner$ e%cept for
the riht to collect perfor#in license fees for the perfor#ance of #usical
co#positions$ with or without words$ which are incorporated into the work+
and
);@.8. In respect of letters$ the copyriht shall belon to the writer sub7ect to
the pro"isions of Article ;01 of the Ci"il Code. &Sec. 8$ P.-. Co. (Aa'
"ection 19. (nonymous and Pseudonymous 8or&s. - :or purposes of this Act$
the publishers shall be dee#ed to represent the authors of articles and other
writins published without the na#es of the authors or under pseudony#s$
unless the contrary appears$ or the pseudony#s or adopted na#e lea"es no
doubt as to the author=s identity$ or if the author of the anony#ous works
discloses his identity. &Sec. ;$ P.-. (A'
C&APT!R -##
TRAN",!R )R A""#%N2!NT ), C)P*R#%&T
"ection 181. Rights of (ssignee. - )@?.). The copyriht #ay be assined in
whole or in part. Fithin the scope of the assin#ent$ the assinee is entitled to
all the rihts and re#edies which the assinor had with respect to the copyriht.
)@?.0. The copyriht is not dee#ed assined inter "i"os in whole or in part
unless there is a written indication of such intention.
)@?.1. The sub#ission of a literary$ photoraphic or artistic work to a
newspaper$ #aa!ine or periodical for publication shall constitute only a
license to #ake a sinle publication unless a reater riht is e%pressly ranted.
If two &0' or #ore persons 7ointly own a copyriht or any part thereof$ neither
of the owners shall be entitled to rant licenses without the prior written
consent of the other owner or owners. &Sec. )3$ P.-. Co. (Aa'
"ection 181. Copyright and *aterial !b1ect. - The copyriht is distinct fro#
the property in the #aterial ob7ect sub7ect to it. Conse<uently$ the transfer or
assin#ent of the copyriht shall not itself constitute a transfer of the #aterial
ob7ect. Cor shall a transfer or assin#ent of the sole copy or of one or se"eral
copies of the work i#ply transfer or assin#ent of the copyriht. &Sec. )8$ P.-.
Co. (A'
"ection 182. iling of (ssignment or 'icense. - An assin#ent or e%clusi"e
license #ay be filed in duplicate with the Cational .ibrary upon pay#ent of the
prescribed fee for reistration in books and records kept for the purpose. /pon
recordin$ a copy of the instru#ent shall be returned to the sender with a
notation of the fact of record. Cotice of the record shall be published in the IP2
,a!ette. &Sec. )A$ P.-. Co. (Aa'
"ection 183. Designation of Society. - The copyriht owners or their heirs #ay
desinate a society of artists$ writers or co#posers to enforce their econo#ic
rihts and #oral rihts on their behalf. &Sec. 10$ P.-. Co. (Aa'
C&APT!R -###
'#2#TAT#)N" )N C)P*R#%&T
"ection 18/. 'imitations on Copyright. - )@(.). Cotwithstandin the pro"isions
of Chapter 6$ the followin acts shall not constitute infrine#ent of copyriht:
&a' The recitation or perfor#ance of a work$ once it has been lawfully
#ade accessible to the public$ if done pri"ately and free of chare or if
#ade strictly for a charitable or reliious institution or society+ &Sec.
)?&)'$ P.-. Co. (A'
&b' The #akin of <uotations fro# a published work if they are
co#patible with fair use and only to the e%tent 7ustified for the
purpose$ includin <uotations fro# newspaper articles and periodicals
in the for# of press su##aries: Pro"ided$ That the source and the
na#e of the author$ if appearin on the work$ are #entioned+ &Sec. ))$
third par.$ P.-. Co. (A'
&c' The reproduction or co##unication to the public by #ass #edia of
articles on current political$ social$ econo#ic$ scientific or reliious
topic$ lectures$ addresses and other works of the sa#e nature$ which
are deli"ered in public if such use is for infor#ation purposes and has
not been e%pressly reser"ed: Pro"ided$ That the source is clearly
indicated+ &Sec. ))$ P.-. Co. (A'
&d' The reproduction and co##unication to the public of literary$
scientific or artistic works as part of reports of current e"ents by
#eans of photoraphy$ cine#atoraphy or broadcastin to the e%tent
necessary for the purpose+ &Sec. )0$ P.-. Co. (A'
&e' The inclusion of a work in a publication$ broadcast$ or other
co##unication to the public$ sound recordin or fil#$ if such
inclusion is #ade by way of illustration for teachin purposes and is
co#patible with fair use: Pro"ided$ That the source and of the na#e of
the author$ if appearin in the work$ are #entioned+
&f' The recordin #ade in schools$ uni"ersities$ or educational
institutions of a work included in a broadcast for the use of such
schools$ uni"ersities or educational institutions: Pro"ided$ That such
recordin #ust be deleted within a reasonable period after they were
first broadcast: Pro"ided$ further$ That such recordin #ay not be
#ade fro# audio"isual works which are part of the eneral cine#a
repertoire of feature fil#s e%cept for brief e%cerpts of the work+
&' The #akin of ephe#eral recordins by a broadcastin
orani!ation by #eans of its own facilities and for use in its own
broadcast+
&h' The use #ade of a work by or under the direction or control of the
,o"ern#ent$ by the Cational .ibrary or by educational$ scientific or
professional institutions where such use is in the public interest and is
co#patible with fair use+
&i' The public perfor#ance or the co##unication to the public of a
work$ in a place where no ad#ission fee is chared in respect of such
public perfor#ance or co##unication$ by a club or institution for
charitable or educational purpose only$ whose ai# is not profit
#akin$ sub7ect to such other li#itations as #ay be pro"ided in the
*eulations+ &n'
&7' Public display of the oriinal or a copy of the work not #ade by
#eans of a fil#$ slide$ tele"ision i#ae or otherwise on screen or by
#eans of any other de"ice or process: Pro"ided$ That either the work
has been published$ or$ that the oriinal or the copy displayed has been
sold$ i"en away or otherwise transferred to another person by the
author or his successor in title+ and
&k' Any use #ade of a work for the purpose of any 7udicial
proceedins or for the i"in of professional ad"ice by a leal
practitioner.
)@(.0. The pro"isions of this section shall be interpreted in such a way as to
allow the work to be used in a #anner which does not conflict with the nor#al
e%ploitation of the work and does not unreasonably pre7udice the riht holder=s
leiti#ate interests.
"ection 180. air ,se of a Copyrighted 8or&. - )@3.). The fair use of a
copyrihted work for criticis#$ co##ent$ news reportin$ teachin includin
#ultiple copies for classroo# use$ scholarship$ research$ and si#ilar purposes
is not an infrine#ent of copyriht. -eco#pilation$ which is understood here
to be the reproduction of the code and translation of the for#s of the co#puter
prora# to achie"e the inter-operability of an independently created co#puter
prora# with other prora#s #ay also constitute fair use. In deter#inin
whether the use #ade of a work in any particular case is fair use$ the factors to
be considered shall include:
&a' The purpose and character of the use$ includin whether such use
is of a co##ercial nature or is for non-profit educational purposes+
&b' The nature of the copyrihted work+
&c' The a#ount and substantiality of the portion used in relation to the
copyrihted work as a whole+ and
&d' The effect of the use upon the potential #arket for or "alue of the
copyrihted work.
)@3.0. The fact that a work is unpublished shall not by itself bar a findin of
fair use if such findin is #ade upon consideration of all the abo"e factors.
"ection 186. 8or& of (rchitecture. - Copyriht in a work of architecture shall
include the riht to control the erection of any buildin which reproduces the
whole or a substantial part of the work either in its oriinal for# or in any for#
reconi!ably deri"ed fro# the oriinal: Pro"ided$ That the copyriht in any
such work shall not include the riht to control the reconstruction or
rehabilitation in the sa#e style as the oriinal of a buildin to which that
copyriht relates. &n'
"ection 18. Reproduction of Published 8or&. - )@;.). Cotwithstandin the
pro"ision of Section );;$ and sub7ect to the pro"isions of Subsection )@;.0$ the
pri"ate reproduction of a published work in a sinle copy$ where the
reproduction is #ade by a natural person e%clusi"ely for research and pri"ate
study$ shall be per#itted$ without the authori!ation of the owner of copyriht in
the work.
)@;.0. The per#ission ranted under Subsection )@;.) shall not e%tend to the
reproduction of:
&a' A work of architecture in the for# of buildin or other
construction+
&b' An entire book$ or a substantial part thereof$ or of a #usical work
in raphic for# by reproraphic #eans+
&c' A co#pilation of data and other #aterials+
&d' A co#puter prora# e%cept as pro"ided in Section )@A+ and
&e' Any work in cases where reproduction would unreasonably
conflict with a nor#al e%ploitation of the work or would otherwise
unreasonably pre7udice the leiti#ate interests of the author. &n'
"ection 188. Reprographic Reproduction by 'ibraries. - )@@.).
Cotwithstandin the pro"isions of Subsection );;.8$ any library or archi"e
whose acti"ities are not for profit #ay$ without the authori!ation of the author
of copyriht owner$ #ake a sinle copy of the work by reproraphic
reproduction:
&a' Fhere the work by reason of its fraile character or rarity cannot
be lent to user in its oriinal for#+
&b' Fhere the works are isolated articles contained in co#posite
works or brief portions of other published works and the reproduction
is necessary to supply the#$ when this is considered e%pedient$ to
persons re<uestin their loan for purposes of research or study instead
of lendin the "olu#es or booklets which contain the#+ and
&c' Fhere the #akin of such a copy is in order to preser"e and$ if
necessary in the e"ent that it is lost$ destroyed or rendered unusable$
replace a copy$ or to replace$ in the per#anent collection of another
si#ilar library or archi"e$ a copy which has been lost$ destroyed or
rendered unusable and copies are not a"ailable with the publisher.
)@@.0. Cotwithstandin the abo"e pro"isions$ it shall not be per#issible to
produce a "olu#e of a work published in se"eral "olu#es or to produce
#issin to#es or paes of #aa!ines or si#ilar works$ unless the "olu#e$ to#e
or part is out of stock: Pro"ided$ That e"ery library which$ by law$ is entitled to
recei"e copies of a printed work$ shall be entitled$ when special reasons so
re<uire$ to reproduce a copy of a published work which is considered necessary
for the collection of the library but which is out of stock. &Sec. )1$ P.-. (Aa'
"ection 189. Reproduction of Computer Program. - )@A.). Cotwithstandin the
pro"isions of Section );;$ the reproduction in one &)' back-up copy or
adaptation of a co#puter prora# shall be per#itted$ without the authori!ation
of the author of$ or other owner of copyriht in$ a co#puter prora#$ by the
lawful owner of that co#puter prora#: Pro"ided$ That the copy or adaptation
is necessary for:
&a' The use of the co#puter prora# in con7unction with a co#puter
for the purpose$ and to the e%tent$ for which the co#puter prora# has
been obtained+ and
&b' Archi"al purposes$ and$ for the replace#ent of the lawfully owned
copy of the co#puter prora# in the e"ent that the lawfully obtained
copy of the co#puter prora# is lost$ destroyed or rendered unusable.
)@A.0. Co copy or adaptation #entioned in this Section shall be used for any
purpose other than the ones deter#ined in this Section$ and any such copy or
adaptation shall be destroyed in the e"ent that continued possession of the copy
of the co#puter prora# ceases to be lawful.
)@A.1. This pro"ision shall be without pre7udice to the application of Section
)@3 whene"er appropriate. &n'
"ection 191. Importation for Personal Purposes. - )A?.). Cotwithstandin the
pro"ision of Subsection );;.8$ but sub7ect to the li#itation under the
Subsection )@3.0$ the i#portation of a copy of a work by an indi"idual for his
personal purposes shall be per#itted without the authori!ation of the author of$
or other owner of copyriht in$ the work under the followin circu#stances:
&a' Fhen copies of the work are not a"ailable in the Philippines and:
&i' Cot #ore than one &)' copy at one ti#e is i#ported for
strictly indi"idual use only+ or
&ii' The i#portation is by authority of and for the use of the
Philippine ,o"ern#ent+ or
&iii' The i#portation$ consistin of not #ore than three &1'
such copies or likenesses in any one in"oice$ is not for sale
but for the use only of any reliious$ charitable$ or
educational society or institution duly incorporated or
reistered$ or is for the encourae#ent of the fine arts$ or for
any state school$ collee$ uni"ersity$ or free public library in
the Philippines.
&b' Fhen such copies for# parts of libraries and personal baae
belonin to persons or fa#ilies arri"in fro# forein countries and
are not intended for sale: Pro"ided$ That such copies do not e%ceed
three &1'.
)A?.0. Copies i#ported as allowed by this Section #ay not lawfully be used in
any way to "iolate the rihts of owner the copyriht or annul or li#it the
protection secured by this Act$ and such unlawful use shall be dee#ed an
infrine#ent and shall be punishable as such without pre7udice to the
proprietor=s riht of action.
)A?.1. Sub7ect to the appro"al of the Secretary of :inance$ the Co##issioner
of Custo#s is hereby e#powered to #ake rules and reulations for pre"entin
the i#portation of articles the i#portation of which is prohibited under this
Section and under treaties and con"entions to which the Philippines #ay be a
party and for sei!in and conde#nin and disposin of the sa#e in case they
are disco"ered after they ha"e been i#ported. &Sec. 1?$ P.-. Co. (A'
C&APT!R #3
+!P)"#T AN+ N)T#C!
"ection 191. Registration and Deposit -ith /ational 'ibrary and the Supreme
Court 'ibrary. - After the first public disse#ination of perfor#ance by
authority of the copyriht owner of a work fallin under Subsections );0.)$
);0.0 and );0.1 of this Act$ there shall$ for the purpose of co#pletin the
records of the Cational .ibrary and the Supre#e Court .ibrary$ within three &1'
weeks$ be reistered and deposited with it$ by personal deli"ery or by reistered
#ail two &0' co#plete copies or reproductions of the work in such for# as the
directors of said libraries #ay prescribe. A certificate of deposit shall be issued
for which the prescribed fee shall be collected and the copyriht owner shall be
e%e#pt fro# #akin additional deposit of the works with the Cational .ibrary
and the Supre#e Court .ibrary under other laws. If$ within three &1' weeks
after receipt by the copyriht owner of a written de#and fro# the directors for
such deposit$ the re<uired copies or reproductions are not deli"ered and the fee
is not paid$ the copyriht owner shall be liable to pay a fine e<ui"alent to the
re<uired fee per #onth of delay and to pay to the Cational .ibrary and the
Supre#e Court .ibrary the a#ount of the retail price of the best edition of the
work. 2nly the abo"e #entioned classes of work shall be accepted for deposit
by the Cational .ibrary and the Supre#e Court .ibrary. &Sec. 08$ P.-. Co. (Aa'
"ection 192. /otice of Copyright. - 4ach copy of a work published or offered
for sale #ay contain a notice bearin the na#e of the copyriht owner$ and the
year of its first publication$ and$ in copies produced after the creator=s death$ the
year of such death. &Sec. 0;$ P.-. Co. (Aa'
C&APT!R 3
2)RA' R#%&T"
"ection 193. Scope of *oral Rights. - The author of a work shall$
independently of the econo#ic rihts in Section );; or the rant of an
assin#ent or license with respect to such riht$ ha"e the riht:
)A1.). To re<uire that the authorship of the works be attributed to hi#$ in
particular$ the riht that his na#e$ as far as practicable$ be indicated in a
pro#inent way on the copies$ and in connection with the public use of his
work+
)A1.0. To #ake any alterations of his work prior to$ or to withhold it fro#
publication+
)A1.1. To ob7ect to any distortion$ #utilation or other #odification of$ or other
deroatory action in relation to$ his work which would be pre7udicial to his
honor or reputation+ and
)A1.(. To restrain the use of his na#e with respect to any work not of his own
creation or in a distorted "ersion of his work. &Sec. 1($ P.-. Co. (A'
"ection 19/. Breach of Contract. - An author cannot be co#pelled to perfor#
his contract to create a work or for the publication of his work already in
e%istence. Bowe"er$ he #ay be held liable for da#aes for breach of such
contract. &Sec. 13$ P.-. Co. (A'
"ection 190. 8aiver of *oral Rights. - An author #ay wai"e his rihts
#entioned in Section )A1 by a written instru#ent$ but no such wai"er shall be
"alid where its effects is to per#it another:
)A3.). To use the na#e of the author$ or the title of his work$ or otherwise to
#ake use of his reputation with respect to any "ersion or adaptation of his work
which$ because of alterations therein$ would substantially tend to in7ure the
literary or artistic reputation of another author+ or
)A3.0. To use the na#e of the author with respect to a work he did not create.
&Sec. 18$ P.-. Co. (A'
"ection 196. Contribution to Collective 8or&. - Fhen an author contributes to
a collecti"e work$ his riht to ha"e his contribution attributed to hi# is dee#ed
wai"ed unless he e%pressly reser"es it. &Sec. 1;$ P.-. Co. (A'
"ection 19. +diting) (rranging and (daptation of 8or&. - In the absence of a
contrary stipulation at the ti#e an author licenses or per#its another to use his
work$ the necessary editin$ arranin or adaptation of such work$ for
publication$ broadcast$ use in a #otion picture$ dra#ati!ation$ or #echanical or
electrical reproduction in accordance with the reasonable and custo#ary
standards or re<uire#ents of the #ediu# in which the work is to be used$ shall
not be dee#ed to contra"ene the author=s rihts secured by this chapter. Cor
shall co#plete destruction of a work unconditionally transferred by the author
be dee#ed to "iolate such rihts. &Sec. 1@$ P.-. Co. (A'
"ection 198. Term of *oral Rights. - )A@.). The rihts of an author under this
chapter shall last durin the lifeti#e of the author and for fifty &3?' years after
his death and shall not be assinable or sub7ect to license. The person or
persons to be chared with the posthu#ous enforce#ent of these rihts shall be
na#ed in writin to be filed with the Cational .ibrary. In default of such
person or persons$ such enforce#ent shall de"ol"e upon either the author=s
heirs$ and in default of the heirs$ the -irector of the Cational .ibrary.
)A@.0. :or purposes of this Section$ "Person" shall #ean any indi"idual$
partnership$ corporation$ association$ or society. The -irector of the Cational
.ibrary #ay prescribe reasonable fees to be chared for his ser"ices in the
application of pro"isions of this Section. &Sec. 1A$ P.-. Co. (A'
"ection 199. +nforcement Remedies. - 6iolation of any of the rihts conferred
by this Chapter shall entitle those chared with their enforce#ent to the sa#e
rihts and re#edies a"ailable to a copyriht owner. In addition$ da#aes which
#ay be a"ailed of under the Ci"il Code #ay also be reco"ered. Any da#ae
reco"ered after the creator=s death shall be held in trust for and re#itted to his
heirs$ and in default of the heirs$ shall belon to the o"ern#ent. &Sec. (?$ P -
Co. (A'
C&APT!R 3#
R#%&T" T) PR)C!!+" #N "($"!5(!NT TRAN",!R"
"ection 211. Sale or 'ease of 8or&. - In e"ery sale or lease of an oriinal work
of paintin or sculpture or of the oriinal #anuscript of a writer or co#poser$
subse<uent to the first disposition thereof by the author$ the author or his heirs
shall ha"e an inalienable riht to participate in the ross proceeds of the sale or
lease to the e%tent of fi"e percent &3I'. This riht shall e%ist durin the lifeti#e
of the author and for fifty &3?' years after his death. &Sec. 1)$ P.-. Co. (A'
"ection 211. 8or&s /ot Covered. - The pro"isions of this Chapter shall not
apply to prints$ etchins$ enra"ins$ works of applied art$ or works of si#ilar
kind wherein the author pri#arily deri"es ain fro# the proceeds of
reproductions. &Sec. 11$ P.-. Co. (A'
C&APT!R 3##
R#%&T" ), P!R,)R2!R", PR)+(C!R" ), ")(N+"
R!C)R+#N%" AN+ $R)A+CA"T#N% )R%AN#6AT#)N"
"ection 212. Definitions. - :or the purpose of this Act$ the followin ter#s
shall ha"e the followin #eanins:
0?0.). "Perfor#ers" are actors$ siners$ #usicians$ dancers$ and other persons
who act$ sin$ declai#$ play in$ interpret$ or otherwise perfor# literary and
artistic work+
0?0.0. "Sound recordin" #eans the fi%ation of the sounds of a perfor#ance or
of other sounds$ or representation of sound$ other than in the for# of a fi%ation
incorporated in a cine#atoraphic or other audio"isual work+
0?0.1. An "audio"isual work or fi%ation" is a work that consists of a series of
related i#aes which i#part the i#pression of #otion$ with or without
acco#panyin sounds$ susceptible of bein #ade "isible and$ where
acco#panied by sounds$ susceptible of bein #ade audible+
0?0.(. ":i%ation" #eans the e#bodi#ent of sounds$ or of the representations
thereof$ fro# which they can be percei"ed$ reproduced or co##unicated
throuh a de"ice+
0?0. 3. "Producer of a sound recordin" #eans the person$ or the leal entity$
who or which takes the initiati"e and has the responsibility for the first fi%ation
of the sounds of a perfor#ance or other sounds$ or the representation of sounds+
0?0.8. "Publication of a fi%ed perfor#ance or a sound recordin" #eans the
offerin of copies of the fi%ed perfor#ance or the sound recordin to the
public$ with the consent of the riht holder: Pro"ided$ That copies are offered to
the public in reasonable <uality+
0?0.;. "9roadcastin" #eans the trans#ission by wireless #eans for the public
reception of sounds or of i#aes or of representations thereof+ such
trans#ission by satellite is also "broadcastin" where the #eans for decryptin
are pro"ided to the public by the broadcastin orani!ation or with its consent+
0?0.@. "9roadcastin orani!ation" shall include a natural person or a 7uridical
entity duly authori!ed to enae in broadcastin+ and
0?0.A "Co##unication to the public of a perfor#ance or a sound recordin"
#eans the trans#ission to the public$ by any #ediu#$ otherwise than by
broadcastin$ of sounds of a perfor#ance or the representations of sounds fi%ed
in a sound recordin. :or purposes of Section 0?A$ "co##unication to the
public" includes #akin the sounds or representations of sounds fi%ed in a
sound recordin audible to the public.
"ection 213. Scope of Performers6 Rights. - Sub7ect to the pro"isions of Section
0)0$ perfor#ers shall en7oy the followin e%clusi"e rihts:
0?1.). As reards their perfor#ances$ the riht of authori!in:
&a' The broadcastin and other co##unication to the public of their
perfor#ance+ and
&b' The fi%ation of their unfi%ed perfor#ance.
0?1.0. The riht of authori!in the direct or indirect reproduction of their
perfor#ances fi%ed in sound recordins$ in any #anner or for#+
0?1.1. Sub7ect to the pro"isions of Section 0?8$ the riht of authori!in the first
public distribution of the oriinal and copies of their perfor#ance fi%ed in the
sound recordin throuh sale or rental or other for#s of transfer of ownership+
0?1.(. The riht of authori!in the co##ercial rental to the public of the
oriinal and copies of their perfor#ances fi%ed in sound recordins$ e"en after
distribution of the# by$ or pursuant to the authori!ation by the perfor#er+ and
0?1.3. The riht of authori!in the #akin a"ailable to the public of their
perfor#ances fi%ed in sound recordins$ by wire or wireless #eans$ in such a
way that #e#bers of the public #ay access the# fro# a place and ti#e
indi"idually chosen by the#. &Sec. (0$ P.-. Co. (Aa'
"ection 21/. *oral Rights of Performers. - 0?(.). Independently of a
perfor#er=s econo#ic rihts$ the perfor#er$ shall$ as reards his li"e aural
perfor#ances or perfor#ances fi%ed in sound recordins$ ha"e the riht to
clai# to be identified as the perfor#er of his perfor#ances$ e%cept where the
o#ission is dictated by the #anner of the use of the perfor#ance$ and to ob7ect
to any distortion$ #utilation or other #odification of his perfor#ances that
would be pre7udicial to his reputation.
0?(.0. The rihts ranted to a perfor#er in accordance with Subsection 0?1.)
shall be #aintained and e%ercised fifty &3?' years after his death$ by his heirs$
and in default of heirs$ the o"ern#ent$ where protection is clai#ed. &Sec. (1$
P.-. Co. (A'
"ection 210. 'imitation on Right. - 0?3.). Sub7ect to the pro"isions of Section
0?8$ once the perfor#er has authori!ed the broadcastin or fi%ation of his
perfor#ance$ the pro"isions of Sections 0?1 shall ha"e no further application.
0?3.0. The pro"isions of Section )@( and Section )@3 shall apply #utatis
#utandis to perfor#ers. &n'
"ection 216. (dditional Remuneration for Subse.uent Communications or
Broadcasts. - /nless otherwise pro"ided in the contract$ in e"ery
co##unication to the public or broadcast of a perfor#ance subse<uent to the
first co##unication or broadcast thereof by the broadcastin orani!ation$ the
perfor#er shall be entitled to an additional re#uneration e<ui"alent to at least
fi"e percent &3I' of the oriinal co#pensation he or she recei"ed for the first
co##unication or broadcast. &n'
"ection 21. Contract Terms. - Cothin in this Chapter shall be construed to
depri"e perfor#ers of the riht to aree by contracts on ter#s and conditions
#ore fa"orable for the# in respect of any use of their perfor#ance. &n'
C&APT!R 3###
PR)+(C!R" ), ")(N+ R!C)R+#N%"
"ection 218. Scope of Right. - Sub7ect to the pro"isions of Section 0)0$
producers of sound recordins shall en7oy the followin e%clusi"e rihts:
0?@.). The riht to authori!e the direct or indirect reproduction of their sound
recordins$ in any #anner or for#+ the placin of these reproductions in the
#arket and the riht of rental or lendin+
0?@.0. The riht to authori!e the first public distribution of the oriinal and
copies of their sound recordins throuh sale or rental or other for#s of
transferrin ownership+ and
0?@.1. The riht to authori!e the co##ercial rental to the public of the oriinal
and copies of their sound recordins$ e"en after distribution by the# by or
pursuant to authori!ation by the producer. &Sec. (8$ P.-. Co. (Aa'
"ection 219. Communication to the Public. - If a sound recordin published for
co##ercial purposes$ or a reproduction of such sound recordin$ is used
directly for broadcastin or for other co##unication to the public$ or is
publicly perfor#ed with the intention of #akin and enhancin profit$ a sinle
e<uitable re#uneration for the perfor#er or perfor#ers$ and the producer of the
sound recordin shall be paid by the user to both the perfor#ers and the
producer$ who$ in the absence of any aree#ent shall share e<ually. &Sec. (;$
P.-. Co. (Aa'
"ection 211. 'imitation of Right. - Sections )@( and )@3 shall apply #utatis
#utandis to the producer of sound recordins. &Sec. (@$ P.-. Co. (Aa'
C&APT!R 3#-
$R)A+CA"T#N% )R%AN#6AT#)N"
"ection 211. Scope of Right. - Sub7ect to the pro"isions of Section 0)0$
broadcastin orani!ations shall en7oy the e%clusi"e riht to carry out$
authori!e or pre"ent any of the followin acts:
0)).). The rebroadcastin of their broadcasts+
0)).0. The recordin in any #anner$ includin the #akin of fil#s or the use of
"ideo tape$ of their broadcasts for the purpose of co##unication to the public
of tele"ision broadcasts of the sa#e+ and
0)).1. The use of such records for fresh trans#issions or for fresh recordin.
&Sec. 30$ P.-. Co. (A'
C&APT!R 3-
'#2#TAT#)N" )N PR)T!CT#)N
"ection 212. 'imitations on Rights. - Sections 0?1$ 0?@ and 0?A shall not apply
where the acts referred to in those Sections are related to:
0)0.). The use by a natural person e%clusi"ely for his own personal purposes+
0)0.0. /sin short e%cerpts for reportin current e"ents+
0)0.1. /se solely for the purpose of teachin or for scientific research+ and
0)0.(. :air use of the broadcast sub7ect to the conditions under Section )@3.
&Sec. (($ P.-. Co. (Aa'
C&APT!R 3-#
T!R2 ), PR)T!CT#)N
"ection 213. Term of Protection. - 0)1.). Sub7ect to the pro"isions of
Subsections 0)1.0 to 0)1.3$ the copyriht in works under Sections );0 and );1
shall be protected durin the life of the author and for fifty &3?' years after his
death. This rule also applies to posthu#ous works. &Sec. 0)$ first sentence$ P.-.
Co. (Aa'
0)1.0. In case of works of 7oint authorship$ the econo#ic rihts shall be
protected durin the life of the last sur"i"in author and for fifty &3?' years
after his death. &Sec. 0)$ second sentence$ P.-. Co. (A'
0)1.1. In case of anony#ous or pseudony#ous works$ the copyriht shall be
protected for fifty &3?' years fro# the date on which the work was first lawfully
published: Pro"ided$ That where$ before the e%piration of the said period$ the
author=s identity is re"ealed or is no loner in doubt$ the pro"isions of
Subsections 0)1.). and 0)1.0 shall apply$ as the case #ay be: Pro"ided$ further$
That such works if not published before shall be protected for fifty &3?' years
counted fro# the #akin of the work. &Sec. 01$ P.-. Co. (A'
0)1.(. In case of works of applied art the protection shall be for a period of
twenty-fi"e &03' years fro# the date of #akin. &Sec. 0(&9'$ P.-. Co. (Aa'
0)1.3. In case of photoraphic works$ the protection shall be for fifty &3?' years
fro# publication of the work and$ if unpublished$ fifty &3?' years fro# the
#akin. &Sec. 0(&C'$ P.-. (Aa'
0)1.8. In case of audio-"isual works includin those produced by process
analoous to photoraphy or any process for #akin audio-"isual recordins$
the ter# shall be fifty &3?' years fro# date of publication and$ if unpublished$
fro# the date of #akin. &Sec. 0(&C'$ P.-. Co. (Aa'
"ection 21/. Calculation of Term. - The ter# of protection subse<uent to the
death of the author pro"ided in the precedin Section shall run fro# the date of
his death or of publication$ but such ter#s shall always be dee#ed to bein on
the first day of Hanuary of the year followin the e"ent which a"e rise to the#.
&Sec. 03$ P.-. Co. (A'
"ection 210. Term of Protection for Performers) Producers and Broadcasting
!rgani$ations. - 0)3.). The rihts ranted to perfor#ers and producers of
sound recordins under this law shall e%pire:
&a' :or perfor#ances not incorporated in recordins$ fifty &3?' years
fro# the end of the year in which the perfor#ance took place+ and
&b' :or sound or i#ae and sound recordins and for perfor#ances
incorporated therein$ fifty &3?' years fro# the end of the year in which
the recordin took place.
0)3.0. In case of broadcasts$ the ter# shall be twenty &0?' years fro# the date
the broadcast took place. The e%tended ter# shall be applied only to old works
with subsistin protection under the prior law. &Sec. 33$ P.-. Co. (Aa'
C&APT!R 3-##
#N,R#N%!2!NT
"ection 216. Remedies for Infringement. - 0)8.). Any person infrinin a riht
protected under this law shall be liable:
&a' To an in7unction restrainin such infrine#ent. The court #ay also
order the defendant to desist fro# an infrine#ent$ a#on others$ to
pre"ent the entry into the channels of co##erce of i#ported oods
that in"ol"e an infrine#ent$ i##ediately after custo#s clearance of
such oods.
&b' Pay to the copyriht proprietor or his assins or heirs such actual
da#aes$ includin leal costs and other e%penses$ as he #ay ha"e
incurred due to the infrine#ent as well as the profits the infriner
#ay ha"e #ade due to such infrine#ent$ and in pro"in profits the
plaintiff shall be re<uired to pro"e sales only and the defendant shall
be re<uired to pro"e e"ery ele#ent of cost which he clai#s$ or$ in lieu
of actual da#aes and profits$ such da#aes which to the court shall
appear to be 7ust and shall not be rearded as penalty.
&c' -eli"er under oath$ for i#poundin durin the pendency of the
action$ upon such ter#s and conditions as the court #ay prescribe$
sales in"oices and other docu#ents e"idencin sales$ all articles and
their packain alleed to infrine a copyriht and i#ple#ents for
#akin the#.
&d' -eli"er under oath for destruction without any co#pensation all
infrinin copies or de"ices$ as well as all plates$ #olds$ or other
#eans for #akin such infrinin copies as the court #ay order.
&e' Such other ter#s and conditions$ includin the pay#ent of #oral
and e%e#plary da#aes$ which the court #ay dee# proper$ wise and
e<uitable and the destruction of infrinin copies of the work e"en in
the e"ent of ac<uittal in a cri#inal case.
0)8.0. In an infrine#ent action$ the court shall also ha"e the power to order
the sei!ure and i#poundin of any article which #ay ser"e as e"idence in the
court proceedins. &Sec. 0@$ P.-. Co. (Aa'
"ection 21. Criminal Penalties. - 0);.). Any person infrinin any riht
secured by pro"isions of Part I6 of this Act or aidin or abettin such
infrine#ent shall be uilty of a cri#e punishable by:
&a' I#prison#ent of one &)' year to three &1' years plus a fine ranin
fro# :ifty thousand pesos &P3?$???' to 2ne hundred fifty thousand
pesos &P)3?$???' for the first offense.
&b' I#prison#ent of three &1' years and one &)' day to si% &8' years
plus a fine ranin fro# 2ne hundred fifty thousand pesos &P)3?$???'
to :i"e hundred thousand pesos &P3??$???' for the second offense.
&c' I#prison#ent of si% &8' years and one &)' day to nine &A' years
plus a fine ranin fro# fi"e hundred thousand pesos &P3??$???' to
2ne #illion fi"e hundred thousand pesos &P)$3??$???' for the third
and subse<uent offenses.
&d' In all cases$ subsidiary i#prison#ent in cases of insol"ency.
0);.0. In deter#inin the nu#ber of years of i#prison#ent and the a#ount of
fine$ the court shall consider the "alue of the infrinin #aterials that the
defendant has produced or #anufactured and the da#ae that the copyriht
owner has suffered by reason of the infrine#ent.
0);.1. Any person who at the ti#e when copyriht subsists in a work has in his
possession an article which he knows$ or ouht to know$ to be an infrinin
copy of the work for the purpose of:
&a' Sellin$ lettin for hire$ or by way of trade offerin or e%posin for
sale$ or hire$ the article+
&b' -istributin the article for purpose of trade$ or for any other
purpose to an e%tent that will pre7udice the rihts of the copyriht
owner in the work+ or
&c' Trade e%hibit of the article in public$ shall be uilty of an offense
and shall be liable on con"iction to i#prison#ent and fine as abo"e
#entioned. &Sec. 0A$ P.-. Co. (Aa'
"ection 218. (ffidavit +vidence. - 0)@.). In an action under this Chapter$ an
affida"it #ade before a notary public by or on behalf of the owner of the
copyriht in any work or other sub7ect #atter and statin that:
&a' At the ti#e specified therein$ copyriht subsisted in the work or
other sub7ect #atter+
&b' Be or the person na#ed therein is the owner of the copyriht+ and
&c' The copy of the work or other sub7ect #atter anne%ed thereto is a
true copy thereof$ shall be ad#itted in e"idence in any proceedins for
an offense under this Chapter and shall be pri#a facie proof of the
#atters therein stated until the contrary is pro"ed$ and the court before
which such affida"it is produced shall assu#e that the affida"it was
#ade by or on behalf of the owner of the copyriht.
0)@.0. In an action under this Chapter:
&a' Copyriht shall be presu#ed to subsist in the work or other sub7ect
#atter to which the action relates if the defendant does not put in issue
the <uestion whether copyriht subsists in the work or other sub7ect
#atter+ and
&b' Fhere the subsistence of the copyriht is established$ the plaintiff
shall be presu#ed to be the owner of the copyriht if he clai#s to be
the owner of the copyriht and the defendant does not put in issue the
<uestion of his ownership.
&c' Fhere the defendant$ without ood faith$ puts in issue the
<uestions of whether copyriht subsists in a work or other sub7ect
#atter to which the action relates$ or the ownership of copyriht in
such work or sub7ect #atter$ thereby occasionin unnecessary costs or
delay in the proceedins$ the court #ay direct that any costs to the
defendant in respect of the action shall not be allowed by hi# and that
any costs occasioned by the defendant to other parties shall be paid by
hi# to such other parties. &n'
"ection 219. Presumption of (uthorship. - 0)A.). The natural person whose
na#e is indicated on a work in the usual #anner as the author shall$ in the
absence of proof to the contrary$ be presu#ed to be the author of the work. This
pro"ision shall be applicable e"en if the na#e is a pseudony#$ where the
pseudony# lea"es no doubt as to the identity of the author.
0)A.0. The person or body corporate whose na#e appears on a audio-"isual
work in the usual #anner shall$ in the absence of proof to the contrary$ be
presu#ed to be the #aker of said work. &n'
"ection 221. International Registration of 8or&s. - A state#ent concernin a
work$ recorded in an international reister in accordance with an international
treaty to which the Philippines is or #ay beco#e a party$ shall be construed as
true until the contrary is pro"ed e%cept:
00?.). Fhere the state#ent cannot be "alid under this Act or any other law
concernin intellectual property.
00?.0. Fhere the state#ent is contradicted by another state#ent recorded in the
international reister. &n'
C&APT!R 3-###
"C)P! ), APP'#CAT#)N
"ection 221. Points of (ttachment for 8or&s under Sections 9:; and 9:<. -
00).). The protection afforded by this Act to copyrihtable works under
Sections );0 and );1 shall apply to:
&a' Forks of authors who are nationals of$ or ha"e their habitual
residence in$ the Philippines+
&b' Audio-"isual works the producer of which has his head<uarters or
habitual residence in the Philippines+
&c' Forks of architecture erected in the Philippines or other artistic
works incorporated in a buildin or other structure located in the
Philippines+
&d' Forks first published in the Philippines+ and
&e' Forks first published in another country but also published in the
Philippines within thirty days$ irrespecti"e of the nationality or
residence of the authors.
00).0. The pro"isions of this Act shall also apply to works that are to be
protected by "irtue of and in accordance with any international con"ention or
other international aree#ent to which the Philippines is a party. &n'
"ection 222. Points of (ttachment for Performers. - The pro"isions of this Act
on the protection of perfor#ers shall apply to:
000.). Perfor#ers who are nationals of the Philippines+
000.0. Perfor#ers who are not nationals of the Philippines but whose
perfor#ances:
&a' Take place in the Philippines+ or
&b' Are incorporated in sound recordins that are protected under this
Act+ or
&c' Fhich has not been fi%ed in sound recordin but are carried by
broadcast <ualifyin for protection under this Act. &n'
"ection 223. Points of (ttachment for Sound Recordings. - The pro"isions of
this Act on the protection of sound recordins shall apply to:
001.). Sound recordins the producers of which are nationals of the
Philippines+ and
001.0. Sound recordins that were first published in the Philippines. &n'
"ection 22/. Points of (ttachment for Broadcasts. - 00(.). The pro"isions of
this Act on the protection of broadcasts shall apply to:
&a' 9roadcasts of broadcastin orani!ations the head<uarters of
which are situated in the Philippines+ and
&b' 9roadcasts trans#itted fro# trans#itters situated in the
Philippines.
00(.0. The pro"isions of this Act shall also apply to perfor#ers who$ and to
producers of sound recordins and broadcastin orani!ations which$ are to be
protected by "irtue of and in accordance with any international con"ention or
other international aree#ent to which the Philippines is a party. &n'
C&APT!R 3#3
#N"T#T(T#)N ), ACT#)N"
"ection 220. 5urisdiction. - Fithout pre7udice to the pro"isions of Subsection
;.)&c'$ actions under this Act shall be coni!able by the courts with appropriate
7urisdiction under e%istin law. &Sec. 3;$ P.-. Co. (Aa'
"ection 226. Damages. - Co da#aes #ay be reco"ered under this Act after
four &(' years fro# the ti#e the cause of action arose. &Sec. 3@$ P.-. Co. (A'
C&APT!R 33
2#"C!''AN!)(" PR)-#"#)N"
"ection 22. !-nership of Deposit and Instruments. - All copies deposited and
instru#ents in writin filed with the Cational .ibrary and the Supre#e Court
.ibrary in accordance with the pro"isions of this Act shall beco#e the property
of the ,o"ern#ent. &Sec. 8?$ P.-. Co. (A'
"ection 228. Public Records. - The section or di"ision of the Cational .ibrary
and the Supre#e Court .ibrary chared with recei"in copies and instru#ents
deposited and with keepin records re<uired under this Act and e"erythin in it
shall be opened to public inspection. The -irector of the Cational .ibrary is
e#powered to issue such safeuards and reulations as #ay be necessary to
i#ple#ent this Section and other pro"isions of this Act. &Sec. 8)$ P.-. Co. (A'
"ection 229. Copyright Division3 ees. - The Copyriht Section of the Cational
.ibrary shall be classified as a -i"ision upon the effecti"ity of this Act. The
Cational .ibrary shall ha"e the power to collect$ for the dischare of its
ser"ices under this Act$ such fees as #ay be pro#ulated by it fro# ti#e to
ti#e sub7ect to the appro"al of the -epart#ent Bead. &Sec. 80$ P.-. (Aa'
PART -
,#NA' PR)-#"#)N"
"ection 231. +.uitable Principles to %overn Proceedings. - In all inter partes
proceedins in the 2ffice under this Act$ the e<uitable principles of laches$
estoppel$ and ac<uiescence where applicable$ #ay be considered and applied.
&Sec. A-A$ *.A. Co. )83'
"ection 231. Reverse Reciprocity of oreign 'a-s. - Any condition$ restriction$
li#itation$ di#inution$ re<uire#ent$ penalty or any si#ilar burden i#posed by
the law of a forein country on a Philippine national seekin protection of
intellectual property rihts in that country$ shall reciprocally be enforceable
upon nationals of said country$ within Philippine 7urisdiction. &n'
"ection 232. (ppeals. - 010.). Appeals fro# decisions of reular courts shall
be o"erned by the *ules of Court. /nless restrained by a hiher court$ the
7ud#ent of the trial court shall be e%ecutory e"en pendin appeal under such
ter#s and conditions as the court #ay prescribe.
010.0. /nless e%pressly pro"ided in this Act or other statutes$ appeals fro#
decisions of ad#inistrati"e officials shall be pro"ided in the *eulations. &n'
"ection 233. !rgani$ation of the !ffice3 +2emption from the Salary
Standardi$ation 'a- and the (ttrition 'a-. - 011.). The 2ffice shall be
orani!ed within one &)' year after the appro"al of this Act. It shall not be
sub7ect to the pro"isions of *epublic Act Co. ;(1?.
011.0. The 2ffice shall institute its own co#pensation structure: Pro"ided$ That
the 2ffice shall #ake its own syste# confor# as closely as possible with the
principles pro"ided for under *epublic Act Co. 8;3@. &n'
"ection 23/. (bolition of the Bureau of Patents) Trademar&s) and Technology
Transfer. - The 9ureau of Patents$ Trade#arks$ and Technoloy Transfer under
the -epart#ent of Trade and Industry is hereby abolished. All une%pended
funds and fees$ fines$ royalties and other chares collected for the calendar
year$ properties$ e<uip#ent and records of the 9ureau of Patents$ Trade#arks
and Technoloy Transfer$ and such personnel as #ay be necessary are hereby
transferred to the 2ffice. Personnel not absorbed or transferred to the 2ffice
shall en7oy the retire#ent benefits ranted under e%istin law$ otherwise$ they
shall be paid the e<ui"alent of one #onth basic salary for e"ery year of ser"ice$
or the e<ui"alent nearest fractions thereof fa"orable to the# on the basis of the
hihest salary recei"ed.&n'
"ection 230. (pplications Pending on +ffective Date of (ct. - 013.). All
applications for patents pendin in the 9ureau of Patents$ Trade#arks and
Technoloy Transfer shall be proceeded with and patents thereon ranted in
accordance with the Acts under which said applications were filed$ and said
Acts are hereby continued to be enforced$ to this e%tent and for this purpose
only$ notwithstandin the foreoin eneral repeal thereof: Pro"ided$ That
applications for utility #odels or industrial desins pendin at the effecti"e date
of this Act$ shall be proceeded with in accordance with the pro"isions of this
Act$ unless the applicants elect to prosecute said applications in accordance
with the Acts under which they were filed.
013.0. All applications for reistration of #arks or trade na#es pendin in the
9ureau of Patents$ Trade#arks and Technoloy Transfer at the effecti"e date of
this Act #ay be a#ended$ if practicable to brin the# under the pro"isions of
this Act. The prosecution of such applications so a#ended and the rant of
reistrations thereon shall be proceeded with in accordance with the pro"isions
of this Act. If such a#end#ents are not #ade$ the prosecution of said
applications shall be proceeded with and reistrations thereon ranted in
accordance with the Acts under which said applications were filed$ and said
Acts are hereby continued in force to this e%tent for this purpose only$
notwithstandin the foreoin eneral repeal thereof &n'
"ection 236. Preservation of +2isting Rights. - Cothin herein shall ad"ersely
affect the rihts on the enforce#ent of rihts in patents$ utility #odels$
industrial desins$ #arks and works$ ac<uired in ood faith prior to the
effecti"e date of this Act. &n'
"ection 23. /otification on Berne (ppendi2. - The Philippines shall by proper
co#pliance with the re<uire#ents set forth under the Appendi% of the 9erne
Con"ention &Paris Act$ )A;)' a"ail itself of the special pro"isions reardin
de"elopin countries$ includin pro"isions for licenses rantable by co#petent
authority under the Appendi%. &n'
"ection 238. (ppropriations. - The funds needed to carry out the pro"isions of
this Act shall be chared to the appropriations of the 9ureau of Patents$
Trade#arks$ and Technoloy Transfer under the current ,eneral
Appropriations Act and the fees$ fines$ royalties and other chares collected by
the 9ureau for the calendar year pursuant to Sections )(.) and 01( of this Act.
Thereafter such su#s as #ay be necessary for its continued i#ple#entations
shall be included in the annual ,eneral Appropriations Act. &n'
"ection 239. Repeals. - 01A.). All Acts and parts of Acts inconsistent herewith$
#ore particularly *epublic Act Co. )83$ as a#ended+ *epublic Act Co. )88$ as
a#ended+ and Articles )@@ and )@A of the *e"ised Penal Code+ Presidential
-ecree Co. (A$ includin Presidential -ecree Co. 0@3$ as a#ended$ are hereby
repealed.
01A.0. Marks reistered under *epublic Act Co. )88 shall re#ain in force but
shall be dee#ed to ha"e been ranted under this Act and shall be due for
renewal within the period pro"ided for under this Act and$ upon renewal shall
be reclassified in accordance with the International Classification. Trade na#es
and #arks reistered in the Supple#ental *eister under *epublic Act Co. )88
shall re#ain in force but shall no loner be sub7ect to renewal.
01A.1. The pro"isions of this Act shall apply to works in which copyriht
protection obtained prior to the effecti"ity of this Act is subsistin: Pro"ided$
That the application of this Act shall not result in the di#inution of such
protection. &n'
"ection 2/1. Separability. - If any pro"ision of this Act or the application of
such pro"ision to any circu#stances is held in"alid$ the re#ainder of the Act
shall not be affected thereby. &n'
"ection 2/1. +ffectivity. - This Act shall take effect on ) Hanuary )AA@. &n'
Appro"ed: June 6, 199