LAW ON INTELLECTUAL PROPERTY 5. Batents; 6. Layout designs (Topographies) of Integrated Gircuits; and 7. Geographic indications (IPC, Sec. 4) INTELLECTUAL PROPERTY CODE (R.A, NO. 8293) Effectivity: January 1, 1998, State Policies ‘The State recognizes that an effective intelectual Laws Specifically Repeated by the Intellectual and industrial property system is Property Cosi: {Vital to the development of domestic and 4. Patent Law (Republic Act 165); creative activity, 2) Trademark Law (Republic Act 16); 2, Faciilales transfer of technology 3. Copyright Law (Presidential Decree 49); and 3. Attracts foreign investment; and SF Renee tae & 189 of the Revised Penal Code 4._‘Insures market access for new products (IPC, (Act No. 3815), Seo. 2) Copyright confined to literary or artistic works which are nal sin the literary or artistic domain ‘moment of their creation (IPC, IN LLECTUAL PRO) Intetetua Proper = Pease ia enfant oktpd mind: invention; FEY 3 UnggeKiged information Und arse works, Syl, names, images, and > frafars to nformtin whe ’ designs used in commerce EGE. (1) bs alsocretiin the gange that it is nots a body | Lin ing precise confouration and assembly of s govargy Known among or realy io pgpng.winin the ces that it moans tho logt ight whi rast ttle oclvty nthe insta, int etecmit nels (Word. hola Proper Fr ae enor Brohery Hapa Note: There are NO property rights protected by Taw | in mere ideas of mental conceptions. Spedifically, | ‘even if expressed or embodied in a Work ews the day and others having the gharaelens items of press information or” any translation or work of the. godernm Reames fae because Wis a secret A Subjed{té feasonable steps under the cumstahces, by the person lavally in contol ‘of the informatin, to Keep it in secret (The YAdreement oni Tade-Related Aspects of Iileleual (Property Rights, Article 9) protected by law (INTELLE@TUAL 5 tereinater, FRIPS AGREEMENT CODE OF THE PHILIPPINES, ‘ Iereinafter (PC). Those -waks) und ‘nidistfal Desian Patentable Inventions are alsb nok protectes itrefgts to phy BempBsition of lines of colors oF ny thyee-cimes)pha-form, whether or not associated Intellectual Property Rights (CoRG-PIMP-LG) s=ilth. linés af olors. ‘Such composition of form 1. Copyright and Related or neighboring rights; shill piye“a special appearance to and can serve 2. Brotection of Undisclosed informations fn Yor an industrial product or handicraft 3. Industrial designs, oapempeeipgSoc. 112) 4 ‘Trademark and Service Marks; EXECUTIVE COMMIT SUBJECT COMMITTEE MARIA REGGIELEENES. CARL RON. F. i JANE 8 EDUARDO. J. DIONISIO overall hairperson, subject chai, LAARNI A. JOCELYN.V ATTY. EH TYAN DAVID M.. JUANICO CABRERA assistant subject VIRAY, |” RHANDELLE DIZON, A Gdtpewon for’ “academic chair, JAYZEN' SMITH 'T. AUGUST M. MABUNGA, MARIA, ZARAH. Serie TYRONE LEWIS D. FERRER efp, MARY JUDITH EDIONE 8. QUINONES, VIL ANUEVA-CASTRO, NG huizperon for hotel JOAN. B.. ENCARNACION NERIZA| JOYCE = M. ATTY Ceations, DANIEL P. ANG vice- banking laws, ANNA ALYZZA RECINTO, SHARON ceeeeen or operations, C_ANTONIO corporation law, BAQUIRAN, DONATO _U JEFFERSON fh FERNANDEZ ANNE. KATHRYN C. VERGARA "II, FLOREZ ARLENE MARE Viechairperson for secretariat, insurance law, JUSTINE LARA M. GELARIO, CIARISA' 'G. “BELO vices JOYCE D. CHUA law on KRISITNE JOMAFER Chairperson for Gnance, EROL intellectual property, FERNANDO, MARK STEMIEN ‘i, PISEG "vice JENNELYN ROSE" C. ELLISON 8. ALARILLA, aleperson for electronic data DENOSTA negotiable SHINJI M. ALCANTARA, Grocksing, PATRICK STEPIEN instruments law, KLARENCE IRENE CONCHITINA Me CUA’ vie-chairperson. for D. ORIALO™ transportation TAN, SARAH JOY V Hogisien, MISICAIT MARIE |. laws, MARGAUX CLEOTILDE LUZON, NINA SARAH D. PAMFILD vicechairpenon for C ROSARIO special CABEZA membership( Trademark/Service Mark ILis any visible sign capable of distinguishing the goods or services of an enterprise and shall include 4 stamped or marked container of goods (IPC, ‘Section 121.1; Kho v. GA, G.R. No. 115758, March 49, 2002) Patentable Invention Itefers to any technical solution of a problem in any field of human activity which is new, involves an Inventive step and is. industrially applicable (IPC, Sec. 21) “Integrated Circuit Itis @ product, in its final form or an immediate form, ‘in which the elements, at least one of which is an Layout Design (Topography) AN Ht refers to the tw8e-dmensional, disposition, whichis an active elemefy and of some oF all. ne thvee-dimensional “dispostion -prépared for an integrated circuit intendedy for. mahufacturp) (IPC, See. 112.3). | pte For a layout-desian to ba Bpited to Frledloy mst be original the seisathat th Of ther creators’ wn intelebual effort and are. not commorplace among ciealbis, of Jayoutdesions (lopographies) “and -manufegurers lot Greats at the tine of thet cfpatl ‘World Trego Organtatsne 4 Gu Framework fr intemslional Ti86" (20 Note: A layout-esign constiling a combing elements and _interconnéchion$ that commonplace shall be proteéled only ‘combination, taken as a wholes is Ofiginal (Hl 1134). SV} Itidentifies a good as originating in the territory of Trade-Related Aspects of ‘Intellectual Propeity Rights (TRIPS) ember, oF a region or locality in that territory, where @ given quality, reputation or ‘ther characteristic of the good is essentially attibutable to. iis geographical origin. (TRIPS AGREEMENT, Av. 22). Technology Transfer Arrangements These are contracts or agreements involving the transfer of sysiematic knowledge for the ‘manufacture of a product, the application of a process, or rendering of a service including Management contracts; and the transfer, assignment or licensing of all forms of intellectual Property ‘rights, including licensing of computer however expresso, of tg elements at least ons of E> (under sco Gre the resare | Bee FeeFocty aa ta forion coxporaon’s © er tradems t toa [aac ol commaten ond wane Geographic Indication y ion Of a trademark unaccompanied by actual software except computer software developed for ‘mass market (IPC, Sec. 4.2). NATIONAL LAW RELATED. DOCTRINES Principle of Reciprocity ‘The following are entitled to the benefits of the IPC: ‘Any person who is a national, or who is domiciled, ot has a real or effective industrial eslablishment in @ ‘country which: 1. Is a party to any convention, treaty, or agreement relating to intellectual property rights OF the repression of unfair competition to which element, and some or all of the interconnections af 1e Philippines is also a party; or integrally formed in and/or on a -ciprocal right to nationals of the ‘and which is intended to perform an'e law (IPC, See. 3). (PC, Sec. 112.2) 4 ration nof\dBiag business in the If a foreign i a (realy to which ifs is suing as a par pps ig 2 surah the fct nts sung fon B.A 2208 ned rt be alloped as ake: og notice of such fact as it is L by the Paris Convention nor the lari, provided that substantially complied with the Horeign corporation is suing under any agreement other than RA, #293, failure to nb ing shown that it failed to comply with the ts of the law (Leviton Industries, Inc. v. fort G.R(Ng) k-40163, June 19, 1982). petit of the Paris Union. does not tile petitioners to the protection of ty this country absent actual use of use therbof in the counity accords the registrant only thé standing to sue for infingement in Philppine counts. Enillement to protection of such trademark in the country is entirely a different matter (Philip ‘Morris, inc. v. Fortune Tobacco Corporation, GR. ‘No, 158589, June 27, 2006). Principle of Reverse Reciprocity = 4 ‘Any condition, resticlon, limitation, iminuion, Fequirement, penalty or any similar burden imposed by the law of a foreign county on a Phlppine national seeking protection of intellectual propery fights. in that” county, shall” recpogall enforceable upon nationals of said Philippine jurisdiction (IPC, Sec. 231).National Treatment Principle The Philippines, upon becoming @ member of the World Trade Organization (WTO), has adhered to the TRIPS Agreement, which provides that protection afforded to the member-states (with Fespact to iniellectual property) must be extended to the nationals of other memiber states. Most-Favorod Nation Principle Whatever favor, allowance, consideration, privilege fr immunity a member-stato grants the nationals of ‘another country is "immediately and unconditionally” ‘accorded to the nationals of other member-states (TRIPS AGREEMENT, Ait) INTELLECTUAL PROPERTY OFFICE Jurisdiction over Disputes 41. Original Jurisdiction a. Director General Over disputes relating (© the) terms! of a license involving the author's right to public performance or other commiinication of his ‘wor: (IPC, Sec. 7.1.c) b. Bureau of Legal Affairs i. Opposition to ‘agistration of marks, ‘ancellation of trademarks: ii, Cancellation of ‘patent, \uilly. models, and industrial designs; Iv. Petitions for compulsory licensing; and ¥. Administrative complaints for violation of ‘aw involving intellectual property rights where the tolal damages claimed is not ss than P200,000, The Ditector of legal AVfairs has thellpower to. punish ontampt (IPC, Seo, 10) applications | [for ©. Documentation, Information|, and Teclinology Transfer Bureatt Over disputes involving technology transteF payments (IPC, Sec. 17.8) 4d. Regular Courts Actions under the IPC without prejudice to ‘Subsection 7.1(¢) (IPC, Sec. 225), ©. Bureau of Copyright and Other Related Righis Over disputes relating to the terms of a license involving the author's right to public. performance or other communication of his work (IPC, Sec. 9, as amended by RA 10372, Sec. 3) 278 Gore CenTaatizeD Ban OPERATION: LAW ON INTELLECTUAL PROPERTY Appallate Jurisdiction a, Director General ‘Overall decisions rendered by the: ‘Bureau of Copyright and Other Related Rights ii, Director of Legal Atfairs ll, Director of Patents iv. Director of Trademarks: and V. Director ofthe” Documentation, Information and Technology Transfer (IPC, Sec. 7.1b, as amended by RA. 10372, Sec. 2). b. Court of Appeals. Over decisions of the Director General in the exercise of his appellate jurisdiction over the decisions of the: Directoy of Legal Altair; Director of Patents: and Director of Trademarks (IPC, Sec. 7.1, ‘aS amended by RA. 10372, Sec. 2) ©. Secretary of Trade and industry iL [Over decigians of the Director General in, the exercise of his appellate jufl@diction over tho decisions of the Director of» the Documentation, Information and Technology Transfer (IPC, Soc.7.1.b) fi, Over decisions of the Director General Inthe exercise of his original jurisdiction felating 19 forms of license involving the ‘author’. fight to public performance or ‘ther, communication of his work (IPC, Sec. 7.10) Inter Partes Cases These ate conigsted cases fled before the Intellectual Property Ottice Intor Partos Proceedings v. Civil Proceedings nica eres Boe eee Property | Regular Courts Inoflectua Office (IPO) ation to cancel | Action for infringement an invention, Trademark: Action for patent, utility model | unfair competition registration, industrial design registration, or any Claim or parts of a claim i 2. Petition for Fe ‘compulsory licensing or a license to exploit a patented Invention