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Ê 
    5. Articles 188 and 189 of the Revised Penal Code of
 the Philippines.



The State recognizes that an effective intellectual and
industrial property system is vital to the development of
domestic and creative activity, facilitates transfer of The Intellectual Property Code of the Philippines is divided
technology, attracts foreign investments, and ensures into five [5] parts, to wit:
market access for our products. It shall protect and secure
the exclusive rights of scientists, inventors, artists and PART I - The Intellectual Property Office
other gifted citizens to their intellectual property and PART II - The Law on Patents
creations, particularly when beneficial to the people, for PART III - The Law on Trademarks, Service Marks
such periods as provided in this Act. and Trade Names
PART IV - The Law on Copyright
The use of intellectual property bears a social function. To PART V - Final Provisions
this end, the State shall promote the diffusion of
knowledge and information for the promotion of national Ê ! Ê""
development and progress and the common good.
The intellectual property rights under the Intellectual
It is also the policy of the State to streamline Property Code are as follows:
administrative procedures of registering patents,
trademarks and copyright, to liberalize the registration on 1. Copyright and related rights;
the transfer of technology, and to enhance the 2. Trademarks and service marks;
enforcement of intellectual property rights in the 3. Geographic indications;
Philippines. 4. Industrial designs;
5. Patents;
 6. Layout designs [topographies] of integrated
 circuits; and
7. Protection of undisclosed information.
Any person who is a national or who is domiciled or has a
real and effective industrial establishment in a country #$!
which is a party to any convention, treaty or agreement
relating to intellectual property rights or the repression of The agency of the government in charge of the
unfair competition, to which the Philippines is also a party, implementation of the Intellectual Property Code is the
or extends reciprocal rights to nationals of the Philippines Intellectual Property Office which replaced the Bureau of
by law, shall be entitled to benefits to the extent necessary Patents, Trademarks and Technology Transfer. It is divided
to give effect to any provision of such convention, treaty into six [6] Bureaus, namely:
or reciprocal law, in addition to the rights to which any
owner of an intellectual property right is otherwise
[1] Bureau of Patents;
entitled by this Act. [2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
 [4] Documentation, Information and Technology
Transfer Bureau;
Republic Act No. 8293 repealed all Acts and parts of Acts [5] Management Information System and EDP
inconsistent therewith, more particularly: Bureau; and
[6] Administrative, Financial and Personnel Services
1. Republic Act No. 165, as amended [An Act Creating Bureau.
a Patent Office, Prescribing its Powers and Duties,
Regulating the Issuance of Patents, and Appropriating % Ê 

Funds Therefor];
The Intellectual Property Office is mandated under the law
2. Republic Act No. 166, as amended[An Act to to:
Provide for the Registration and Protection of Trademarks,
Trade-Names, and Service-Marks, Defining Unfair 1. Examine applications for the grant of letters patent
Competition and False Marking and Providing Remedies for inventions and register utility models and industrial
Against the Same, and for Other Purposes]. designs;
.
3. Presidential Decree No. 49 [Decree on the 2. Examine applications for the registration of marks,
Protection of Intellectual Property]; geographic indication and integrated circuits;
.
4. Presidential Decree No. 285, as amended [Decree 3. Register technology transfer arrangements and settle
on the Protection of Intellectual Property]; disputes involving technology transfer payments covered
by the provisions of Part II, Chapter IX on Voluntary
Licensing and develop and implement strategies to registration; while under the latter, the element of use has
promote and facilitate technology transfer; been eliminated as a requirement for application.
.
4. Promote the use of patent information as a tool for 2. Under the former, the term granted is 20 years
technology development; renewable for 20-year periods; while under the latter, the
. term is for 10 years, renewable for 10-year periods.
5. Publish regularly in its own publication the patents,
marks, utility models and industrial designs, issued and
3. Under the former, the affidavit of use or non-use is
approved, and the technology transfer arrangements
required on the 5th, 10th and 15th anniversaries; while
registered;
under the latter, proof of use within 3 years from the filing
.
of the application is required and the affidavit of use
6. Administratively adjudicate contested proceedings
affecting intellectual property rights; should be filed within 1 year from the 5th anniversary.
and
. 4. Under the former, a Supplemental Register is
7. Coordinate with other government agencies and the required to be maintained; while under the latter, it is no
private sector efforts to formulate and implement plans longer required.
and policies to strengthen the protection of intellectual
property rights in the country. 5. Under the former law, penalties for infringement,
unfair competition, false designation of origin and false
 !  description or representation range from fine of PhP500 to
PhP2,000 and/or 6 months to 3 years and 4 months of
imprisonment; while under the latter law, the penalties
1. A shift was made from the "first-to-invent system"
range from fine of PhP50,000 to PhP200,000 and/or 2 to 5
under R. A. 165 [old law] to "first-to-file system" under the
years of imprisonment.
new law.

 !!!
2. In the case of inventions, the period of the grant
was increased from 17 years from grant under the old law
to 20 years from date of filing under the new law. It is now required that after the first public dissemination of
performance by authority of the copyright owner of certain specified
work, there shall, for the purpose of completing the records of the
3. In the case of utility models, the previous grant of 5
National Library and the Supreme Court library, within three (3)
years plus renewals of 5 years each under the old law was
weeks, be registered and deposited with it, by personal delivery or
changed to 7 years without renewal under the new law.
by registered mail, two (2) complete copies or reproductions of the
work in such form as the directors of said libraries may prescribe.
4. In the case of industrial designs, the previous grant
of 5 years plus renewals of 5 years each was maintained.
The scheme of penalties for infringement has also been changed.
From the previous fine of Php200 to Php2,000 and/or imprisonment
5. Under the old law, there was no opposition of 1 year, the current range of penalties are as follows:
proceedings and the examination is mandatory; under the
new law, the examination is made only upon request
[possibly with or without examination].
For first offenders - fine of PhP50,000 to PhP150,000 and/or
imprisonment of 1 to 3 years
6. Under the old law, publication is made after the
grant; under the new law, publication is effected after 18
For second offenders - fine of PhP150,000 to PhP500,000
months from filing date or priority date.
and/or imprisonment of 3 to 6
years
7. Under the old law, the penalties for repetition of
infringement are: PhP10,000 and/or 5 years of
For third and subsequent offenders - fine of PhP500,000
imprisonment and the offense prescribes in 2 years; under
to PhP1.5 Million and/or
the present law, the penalties range from PhP100,000 to
imprisonment of 6 to 9 years.
PhP300,000 and/or 6 months to 3 years of imprisonment
and the offense prescribes in 3 years.
In case of insolvency, the offender shall furthermore suffer
subsidiary imprisonment.
 !!$&


The significant changes in the trademark law under the

old law [R. A. No. 166] and the present law are as follows: 

1. Under the former, the element of use before filing 
a local application is a requirement although this is not 
required when the application is based on foreign