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 reco ni!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 technolo y$ attracts forei n in"est#ents$ and ensures #arket access for our products. It shall protect and secure the e%clusi"e ri hts 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 knowled e and infor#ation for the pro#otion of national de"elop#ent and pro ress and the co##on ood. It is also the policy of the State to strea#line ad#inistrati"e procedures of re isterin patents$ trade#arks and copyri ht$ to liberali!e the re istration on the transfer of technolo y$ and to enhance the enforce#ent of intellectual property ri hts 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 a ree#ent relatin to intellectual property ri hts or the repression of unfair co#petition$ to which the Philippines is also a party$ or e%tends reciprocal ri hts 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 ri hts to which any owner of an intellectual property ri ht is otherwise entitled by this Act. &n' "ection /. Definitions. - (.). The ter# "intellectual property ri hts" consists of: a' Copyri ht and *elated *i hts+ b' Trade#arks and Ser"ice Marks+ c' ,eo raphic Indications+ d' Industrial -esi ns+ e' Patents+ #

f' .ayout--esi ns &Topo raphies' of Inte rated Circuits+ and ' Protection of /ndisclosed Infor#ation &n$ T*IPS'. (.0. The ter# "technolo y transfer arran e#ents" refers to contracts or a ree#ents in"ol"in the transfer of syste#atic knowled e for the #anufacture of a product$ the application of a process$ or renderin of a ser"ice includin #ana e#ent contracts+ and the transfer$ assi n#ent or licensin of all for#s of intellectual property ri hts$ 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 re ister utility #odels and industrial desi ns+ b' 4%a#ine applications for the re istration of #arks$ eo raphic indication$ inte rated circuits+ c' *e ister technolo y transfer arran e#ents and settle disputes in"ol"in technolo y transfer pay#ents co"ered by the pro"isions of Part II$ Chapter I5 on 6oluntary .icensin and de"elop and i#ple#ent strate ies to pro#ote and facilitate technolo y transfer+ d' Pro#ote the use of patent infor#ation as a tool for technolo y de"elop#ent+ e' Publish re ularly in its own publication the patents$ #arks$ utility #odels and industrial desi ns$ issued and appro"ed$ and the technolo y transfer arran e#ents re istered+ f' Ad#inistrati"ely ad7udicate contested proceedin s affectin intellectual property ri hts+ and ' Coordinate with other o"ern#ent a encies and the pri"ate sector efforts to for#ulate and i#ple#ent plans and policies to stren then the protection of intellectual property ri hts in the country. 3.0. The 2ffice shall ha"e custody of all records$ books$ drawin s$ specifications$ docu#ents$ and other papers and thin s relatin to intellectual property ri hts 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 .e al Affairs+ d' The -ocu#entation$ Infor#ation and Technolo y Transfer 9ureau+ e' The Mana e#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' Mana e and direct all functions and acti"ities of the 2ffice$ includin the pro#ul ation of rules and re ulations to i#ple#ent the ob7ecti"es$ policies$ plans$ pro ra#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 a encies of o"ern#ent in relation to the enforce#ent of intellectual property ri hts+ &1' the reco nition of attorneys$ a ents$ 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 desi n or #ark or a collecti"e #ark$ eo raphic 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 .e al Affairs$ the -irector of Patents$ the -irector of Trade#arks$ and the -irector of the -ocu#entation$ Infor#ation and Technolo y 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 Technolo y Transfer 9ureau shall be appealable to the Secretary of Trade and Industry+ and c' 4%ercise ori inal 7urisdiction to resol"e disputes relatin to the ter#s of a license in"ol"in the author=s ri ht 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 a e on the day of their appoint#ent$ holders of a colle e de ree$ and of pro"en co#petence$ inte rity$ 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 en a ed 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 eli ible 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. *e istration of utility #odels$ industrial desi ns$ and inte rated 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 re istration of #arks$ eo raphic indications and other #arks of ownership and the issuance of the certificates of re istration+ 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 .e al Affairs shall ha"e the followin functions: )?.). Bear and decide opposition to the application for re istration of #arks+ cancellation of trade#arks+ sub7ect to the pro"isions of Section 8($ cancellation of patents$ utility #odels$ and industrial desi ns+ and petitions for co#pulsory licensin of patents+ )?.0. &a' 4%ercise ori inal 7urisdiction in ad#inistrati"e co#plaints for "iolations of laws in"ol"in intellectual property ri hts: Pro"ided$ That its 7urisdiction is li#ited to co#plaints where the total da#a es 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 .e al Affairs shall ha"e the power to hold and punish for conte#pt all those who disre ard orders or writs issued in the course of the proceedin s. &n' &b' After for#al in"esti ation$ the -irector for .e al 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# en a in in unlawful and unfair acts and practices sub7ect of the for#al in"esti ation+ &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 .e al Affairs. The -irector of .e al 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 .e al 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 .e al 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 re istration 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 .e al Affairs #ay dee# reasonable which shall not e%ceed one &)' year+ &"ii' The withholdin of any per#it$ license$ authority$ or re istration which is bein secured by the respondent fro# the 2ffice+ &"iii' The assess#ent of da#a es+ &i%' Censure+ and &%' 2ther analo ous penalties or sanctions. &Secs. 8$ ;$ @$ and A$ 4%ecuti"e 2rder Co. A)1 D)A@1Ea' )?.1. The -irector ,eneral #ay by *e ulations 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 Technolo y Transfer 9ureau shall ha"e the followin functions: )).). Support the search and e%a#ination acti"ities of the 2ffice throu h 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 packa e industrial property infor#ation. )).0. 4stablish networks or inter#ediaries or re ional representati"es+ )).1. 4ducate the public and build awareness on intellectual property throu h 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 technolo y in the country+ )).;. Pro"ide technical$ ad"isory$ and other ser"ices relatin to the licensin and pro#otion of technolo y$ and carry out an efficient and effecti"e pro ra# for technolo y transfer+ and )).@. *e ister technolo y transfer arran e#ents$ and settle disputes in"ol"in technolo y transfer pay#ents. &n' "ection 12. The *anagement Information Services and +DP Bureau . - The Mana e#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$ desi n and #aintenance of syste#s$ user consultation$ and the like+ and )0.0. Pro"ide #ana e#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$ #essen erial work$ cashierin $ pay#ent of salaries and other 2ffice=s obli ations$ office #aintenance$ proper safety and security$ and other utility ser"ices+ and co#ply with o"ern#ent re ulatory 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 re istration of #arks$ industrial desi ns$ utility #odels$ eo raphic indication$ and lay-out-desi ns of inte rated circuits re istrations. )1.0. The Patent and Trade#ark Ad#inistration Ser"ices shall perfor# the followin functions a#on others: &a' Maintain re isters of assi n#ents$ #er in s$ licenses$ and biblio raphic 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 re istrations issued by the office$ and the like. )1.1. The :inancial Ser"ice shall for#ulate and #ana e a financial pro ra# 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 desi n and i#ple#ent hu#an resource de"elop#ent plans and pro ra#s for the personnel of the 2ffice+ pro"ide for present and future #anpower needs of the or ani!ation+ #aintain hi h #orale and fa"orable e#ployee attitudes towards the or ani!ation throu h the continuin desi n and i#ple#entation of e#ployee de"elop#ent pro ra#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 a ency$ and sub7ect only to the e%istin accountin and auditin rules and re ulations$ all the fees$ fines$ royalties and other char es$ 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 up radin 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 bud et$ 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 char es #entioned in Subsection )(.) hereof that the 2ffice shall collect are sufficient to #eet its bud etary re<uire#ents. If so$ it shall retain all the fees and char es it shall collect under the sa#e conditions indicated in said Subsection )(.) but shall forthwith$ cease to recei"e any funds fro# the annual bud et 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 char es the 2ffice shall collect are enou h 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$ a encies 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 desi n 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 a ent of an application for a rant of patent$ for the re istration of a utility #odel$ industrial desi n or #ark nor ac<uire$ e%cept by hereditary succession$ any patent or utility #odel$ desi n re istration$ or #ark or any ri ht$ 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 #eanin s: 0?.). "9ureau" #eans the 9ureau of Patents$ 0?.0. "-irector" #eans the -irector of Patents+ 0?.1. "*e ulations" #eans the *ules of Practice in Patent Cases for#ulated by the -irector of Patents and pro#ul ated 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 desi n$ respecti"ely+ and 0?.8. "Priority date" #eans the date of filin of the forei n 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 fore oin . &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 co#puters+ a#es or doin business$ and pro ra#s for

00.1. Methods for treat#ent of the hu#an or ani#al body by sur ery or therapy and dia nostic #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 biolo ical process for the production of plants or ani#als. This pro"ision shall not apply to #icro-or anis#s and non-biolo ical and #icrobiolo ical processes. Pro"isions under this subsection shall not preclude Con ress 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 ri hts 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 desi n re istration$ 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 knowled e 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 ri ht to the patent. &n' "ection 26. Inventive Step. - An in"ention in"ol"es an in"enti"e step if$ ha"in re ard 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 ri ht to a patent belon s to the in"entor$ his heirs$ or assi ns. Fhen two &0' or #ore persons ha"e 7ointly #ade an in"ention$ the ri ht 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 ri ht 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 re ular 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 re ularly-assi ned duties$ unless there is an a ree#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"ile es to :ilipino citi!ens$ shall be considered as filed as of the date of filin the forei n 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 forei n application was filed+ and &c' a certified copy of the forei n application to ether with an 4n lish 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 4n lish and shall contain the followin : &a' A re<uest for the rant of a patent+ &b' A description of the in"ention+ &c' -rawin s 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 a ent 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 a ent 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 #icrobiolo ical process or the product thereof and in"ol"es the use of a #icro-or anis# 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 *e ulations 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 sou ht. 4ach clai# shall be clear and concise$ and shall be supported by the description. 18.0. The *e ulations 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 drawin s 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# throu h 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 sin le eneral in"enti"e concept. 1@.0. If se"eral independent in"entions which do not for# a sin le eneral in"enti"e concept are clai#ed in one application$ the -irector #ay re<uire that the application be restricted to a sin le 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 "forei n 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 forei n 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 sou ht+ &b' Infor#ation identifyin the applicant+ and &c' -escription of the in"ention and one &)' or #ore clai#s in :ilipino or 4n lish. (?.0. If any of these ele#ents is not sub#itted within the period set by the *e ulations$ 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 *e ulations. 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 *e ulations$ the applicant shall co#ply with the for#al re<uire#ents specified by Section 10 and the *e ulations within the prescribed period$ otherwise the application shall be considered withdrawn. (0.0. The *e ulations 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 to ether 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 ei hteen & )@' #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 ri hts of a patentee under Section ;8 a ainst any person who$ without his authori!ation$ e%ercised any of the ri hts 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 knowled e 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 acknowled e 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 *e ulations 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 to ether with other related infor#ation shall be published in the IP2 ,a!ette within the ti#e prescribed by the *e ulations. 30.0. Any interested party #ay inspect the co#plete description$ clai#s$ and drawin s 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 si ned by the -irector$ and re istered to ether with the description$ clai#s$ and drawin s$ 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 obli ation 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 *e ister 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 surchar e 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 ri ht$ 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 infrin e#ent shall lie and no ri ht 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 throu h 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 throu h 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 ri ht to re<uest the 9ureau to #ake the chan es 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 chan e 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 chan e shall not affect the ri hts of any third party which has relied on the patent$ as published.

3A.0. Co chan e in the patent shall be per#itted under this section$ where the chan e 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 chan es 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 si ned 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$ to ether with the translation thereof in 4n lish$ if not in the 4n lish lan ua e. &Sec. 1?$ *.A. Co. )83' "ection 63. /otice of Hearing. - /pon filin of a petition for cancellation$ the -irector of .e al Affairs shall forthwith ser"e notice of the filin thereof upon the patentee and all persons ha"in rants or licenses$ or any other ri ht$ 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 hi hly technical issues$ on #otion of any party$ the -irector of .e al Affairs #ay order that the petition be heard and decided by a co##ittee co#posed of the -irector of .e al Affairs as chair#an and two &0' #e#bers who ha"e the e%perience or e%pertise in the field of technolo y to which the patent sou ht 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 proceedin s$ 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 *e ulations. 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 drawin s indicatin clearly what the a#end#ents consist of. &n' "ection 66. +ffect of Cancellation of Patent or Claim . - The ri hts 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 .e al 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 ri ht 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 throu h 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#a es 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 re ister 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 ri hts: &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 ri ht to assi n$ 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 ri ht 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 si nificantly 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 ri ht to continue the use thereof as en"isa ed in such preparations within the territory where the patent produces its effect. ;1.0. The ri ht of the prior user #ay only be transferred or assi ned to ether 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 a ency or third person authori!ed by the ,o"ern#ent #ay e%ploit the in"ention e"en without a ree#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 a ency 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 li ht of the description and drawin s. ;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 infrin e#ent. ;8.0. Any patentee$ or anyone possessin any ri ht$ title or interest in and to the patented in"ention$ whose ri hts ha"e been infrin ed$ #ay brin a ci"il action before a court of co#petent 7urisdiction$ to reco"er fro# the infrin er such da#a es sustained thereby$ plus attorney=s fees and other e%penses of liti ation$ and to secure an in7unction for the protection of his ri hts. ;8.1. If the da#a es are inade<uate or cannot be readily ascertained with reasonable certainty$ the court #ay award by way of da#a es a su# e<ui"alent to reasonable royalty. ;8.(. The court #ay$ accordin to the circu#stances of the case$ award da#a es in a su# abo"e the a#ount found as actual da#a es sustained: Pro"ided$ That the award does not e%ceed three &1' ti#es the a#ount of such actual da#a es. ;8.3. The court #ay$ in its discretion$ order that the infrin in oods$ #aterials and i#ple#ents predo#inantly used in the infrin e#ent be disposed of outside the channels of co##erce or destroyed$ without co#pensation. ;8.8. Anyone who acti"ely induces the infrin e#ent of a patent or pro"ides the infrin er 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 infrin in the patented in"ention and not suitable for substantial non-infrin in use shall be liable as a contributory infrin er and shall be 7ointly and se"erally liable with the infrin er. &Sec. (0$ *.A. Co. )83a' "ection . Infringement (ction by a oreign /ational . - Any forei n national or 7uridical entity who #eets the re<uire#ents of Section 1 and not en a ed in business in the Philippines$ to which a patent has been ranted or assi ned under this Act$ #ay brin an action for infrin e#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 throu h 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#a es can be reco"ered for acts of infrin e#ent co##itted #ore than four &(' years before the institution of the action for infrin e#ent. &Sec. (1$ *.A. Co. )83'

"ection 81. Damages) Re.uirement of /otice . - -a#a es cannot be reco"ered for acts of infrin e#ent co##itted before the infrin er had known$ or had reasonable rounds to know of the patent. It is presu#ed that the infrin er had known of the patent if on the patented product$ or on the container or packa e 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 infrin e#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 brou ht under Section 8) hereof. &Sec. (3$ *.A. Co. )83' "ection 82. Patent ound Invalid *ay be Cancelled . - In an action for infrin e#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 .e al Affairs upon receipt of the final 7ud #ent of cancellation by the court$ shall record that fact in the re ister 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 knowled e re<uired by the sub7ect #atter in liti ation. 4ither party #ay challen e 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 infrin e#ent is repeated by the infrin er or by anyone in conni"ance with hi# after finality of the 7ud #ent of the court a ainst the infrin er$ the offenders shall$ without pre7udice to the institution of a ci"il action for da#a es$ 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 -)'(NTAR* '#C!N"#N% #3

"ection 80. 4oluntary 'icense Contract . - To encoura e the transfer and disse#ination of technolo y$ pre"ent or control practices and conditions that #ay in particular cases constitute an abuse of intellectual property ri hts ha"in an ad"erse effect on co#petition and trade$ all technolo y transfer arran e#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 Technolo y Transfer 9ureau shall e%ercise <uasi-7udicial 7urisdiction in the settle#ent of disputes between parties to a technolo y transfer arran e#ent arisin fro# technolo y 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 obli ation to ac<uire fro# a specific source capital oods$ inter#ediate products$ raw #aterials$ and other technolo ies$ or of per#anently e#ployin personnel indicated by the licensor+ @;.0. Those pursuant to which the licensor reser"es the ri ht to fi% the sale or resale prices of the products #anufactured on the basis of the license+ @;.1. Those that contain restrictions re ardin the "olu#e and structure of production+ @;.(. Those that prohibit the use of co#petiti"e technolo ies in a non-e%clusi"e technolo y transfer a ree#ent+ @;.3. Those that establish a full or partial purchase option in fa"or of the licensor+ @;.8. Those that obli ate the licensee to transfer for free to the licensor the in"entions or i#pro"e#ents that #ay be obtained throu h the use of the licensed technolo y+ @;.;. 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 le iti#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 technolo y supplied after the e%piration of the technolo y transfer arran e#ent$ e%cept in cases of early ter#ination of the technolo y transfer arran e#ent due to reason&s' attributable to the licensee+ @;.)?. Those which re<uire pay#ents for patents and other industrial property ri hts after their e%piration$ ter#ination arran e#ent+ @;.)). Those which re<uire that the technolo y recipient shall not contest the "alidity of any of the patents of the technolo y supplier+ @;.)0. Those which restrict the research and de"elop#ent acti"ities of the licensee desi ned to absorb and adapt the transferred technolo y to local conditions or to initiate research and de"elop#ent pro ra#s in connection with new products$ processes or e<uip#ent+ @;.)1. Those which pre"ent the licensee fro# adaptin the i#ported technolo y 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 technolo y transfer arran e#ent andGor liability arisin fro# third party suits brou ht about by the use of the licensed product or the licensed technolo y+ 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 liti ation$ 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 technolo y shall be #ade a"ailable durin the period of the technolo y transfer arran e#ent+ @@.1. In the e"ent the technolo y transfer arran e#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 technolo y transfer arran e#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 technolo y transfer arran e#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 technolo y transfer arran e#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 technolo y transfer arran e#ent durin the whole ter# of the technolo y transfer arran e#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 hi h technolo y content$ increase in forei n e%chan e earnin s$ e#ploy#ent eneration$ re ional dispersal of industries andGor substitution with or use of local raw #aterials$ or in the case of 9oard of In"est#ents$ re istered 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 Technolo y Transfer 9ureau after e"aluation thereof on a case by case basis. &n' "ection 92. /on0Registration -ith the Documentation) Information and Technology Transfer Bureau . - Technolo y transfer arran e#ents that confor# with the pro"isions of Sections @8 and @; need not be re istered with the -ocu#entation$ Infor#ation and Technolo y Transfer 9ureau. Con-confor#ance with any of the pro"isions of Sections @; and @@$ howe"er$ shall auto#atically render the technolo y transfer arran e#ent unenforceable$ unless said technolo y transfer arran e#ent is appro"ed and re istered with the -ocu#entation$ Infor#ation and Technolo y Transfer 9ureau under the pro"isions of Section A) on e%ceptional cases. &n' C&APT!R C)2P('")R* '#C!N"#N% 3

"ection 93. %rounds for Compulsory 'icensing . - The -irector of .e al Affairs #ay rant a license to e%ploit a patented in"ention$ e"en without the a ree#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#er ency or other circu#stances of e%tre#e ur ency+ 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 a ency 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$ althou h 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#er ency or other circu#stances of e%tre#e ur ency+ &c' In cases of public non-co##ercial use. A3.1. In situations of national e#er ency or other circu#stances of e%tre#e ur ency$ the ri ht 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 ri ht 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 technolo y$ the license #ay only be ranted in case of public nonco##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$" within the country cannot be worked without infrin in another patent$ 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 si nificance 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-assi nable e%cept with the assi n#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 sou ht$ the na#e of the patentee$ the title of the in"ention$ the statutory rounds upon which co#pulsory license is sou ht$ 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 .e al 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 ri ht$ 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 a ent 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 .e al 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-assi nable$ 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 antico#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 le iti#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 .e al 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 lon er e%ists and is unlikely to recur+ &b' If the licensee has neither be un 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 *e ister$ 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 infrin e#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 ri ht of the ri htful 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!R3# 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 ri hts of other property under the Ci"il Code. )?1.0. In"entions and any ri ht$ title or interest in and to patents and in"entions co"ered thereby$ #ay be assi ned 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 assi n#ent #ay be of the entire ri ht$ 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 assi n#ent #ay be li#ited to a specified territory. &Sec. 3)$ *.A. Co. )83' "ection 110. orm of (ssignment. - The assi n#ent #ust be in writin $ acknowled ed 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 assi n#ents$ licenses and other instru#ents relatin to the trans#ission of any ri ht$ 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 re istration$ in books and records kept for the purpose. The ori inal docu#ents to ether with a si ned duplicate thereof shall be filed$ and the contents thereof should be kept confidential. If the ori inal is not a"ailable$ an authenticated copy thereof in duplicate #ay be filed. /pon recordin $ the 2ffice shall retain the duplicate$ return the ori inal 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 a ainst any subse<uent purchaser or #ort a ee 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 #ort a e. &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 assi n#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 assi n his ri ht$ 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!R3## 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 re istration of utility #odels. )?@.0. Fhere the ri ht to a patent conflicts with the ri ht to a utility #odel re istration 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 re istration". &Sec. 33$ *.A. Co. )83a' "ection 119. Special Provisions Relating to ,tility *odels . - )?A.). &a' An in"ention <ualifies for re istration 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 re istration of a utility #odel. )?A.1. A utility #odel re istration 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 proceedin s under Sections 8) to 8($ the utility #odel re istration shall be canceled on the followin rounds: &a' That the clai#ed in"ention does not <ualify for re istration as a utility #odel and does not #eet the re<uire#ents of re istrability$ in particular ha"in re ard 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 re istration 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 re istration 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 re istration$ an applicant for a utility #odel re istration #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 re istration and the other for the rant of a patent whether si#ultaneously or consecuti"ely. &Sec. 3A$ *.A. Co. )83a' C&APT!R #N+("TR#A' +!"#%N 3###

"ection 112. Definition of Industrial Design. - An industrial desi n is any co#position of lines or colors or any threedi#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 desi ns that are new or ori inal shall benefit fro# protection under this Act. ))1.0. Industrial desi ns 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 re istration of an industrial desi n shall contain: &a' A re<uest for re istration of the industrial desi n+ &b' Infor#ation identifyin the applicant+ &c' An indication of the kind of article of #anufacture or handicraft to which the desi n shall be applied+ &d' A representation of the article of #anufacture or handicraft by way of drawin s$ photo raphs or other ade<uate raphic representation of the desi n as applied to the article of #anufacture or handicraft which clearly and fully discloses those features for which desi n 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 ori in of the ri ht to the industrial desi n re istration. ))(.0. The application #ay be acco#panied by a speci#en of the article e#bodyin the industrial desi n 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 desi ns #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 desi n 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 desi n 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 re istration be effected in the industrial desi n re ister and cause the issuance of an industrial desi n certificate of re istration$ otherwise$ it shall refuse the application. ));.0. The for# and contents of an industrial desi n certificate shall be established by the *e ulations: Pro"ided$ That the na#e and address of the creator shall be #entioned in e"ery case. ));.1. *e istration shall be published in the for# and within the period fi%ed by the *e ulations. ));.(. The 2ffice shall record in the re ister any chan e in the identity of the proprietor of the industrial desi n or his representati"e$ if proof thereof is furnished to it. A fee shall be paid$ with the re<uest to record the chan e 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 ri hts and obli ations as pro"ided in this Act. ));.3. Anyone #ay inspect the *e ister and the files of re istered industrial desi ns includin the files of cancellation proceedin s. &n' "ection 118. The Term of Industrial Design Registration . - ))@.) The re istration of an industrial desi n shall be for a period of fi"e &3' years fro# the filin date of the application. ))@.0. The re istration of an industrial desi n #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 re istration. 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 surchar e ))@.(. The *e ulations shall fi% the a#ount of renewal fee$ the surchar e and other re<uire#ents re ardin the recordin of renewals of re istration. "ection 119. (pplication of !ther Sections and Chapters . - ))A.). The followin pro"isions relatin to patents shall apply #utatis #utandis to an industrial desi n re istration:

Section 0) Section 0( Section 03 Section 0; Section 0@ Section 0A Section 1)

- Co"elty: Prior art: Pro"ided$ That the disclosure is contained in printed docu#ents or in any tan ible for#+

- Con-pre7udicial -isclosure+ - In"entions Created Pursuant to a Co##ission+ - *i ht to a Patent+ - :irst to :ile *ule+ *i ht of Priority: Pro"ided$ That the application for industrial desi n shall be filed - within si% &8' #onths fro# the earliest filin date of the correspondin forei n application+ - Appoint#ent of A ent or *epresentati"e+ - *efusal of the Application+ 38 - Surrender$ Correction of and Chan es in Patent+ - *e#edies of a Person with a *i ht to Patent+ - *i hts of Patentees and Infrin e#ent of Patents+ and

Section 11 Section 3) Sections to 8? CBAPT4* 6II CBAPT4* 6III

CBAPT4* 5I - Assi n#ent and Trans#ission of *i hts. ))A.0. If the essential ele#ents of an industrial desi n 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 a ainst the in7ured party. &n' "ection 121. Cancellation of Design Registration . - )0?.). At any ti#e durin the ter# of the industrial desi n re istration$ any person upon pay#ent of the re<uired fee$ #ay petition the -irector of .e al Affairs to cancel the industrial desi n on any of the followin rounds: &a' If the sub7ect #atter of the industrial desi n is not re istrable 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 desi n e%tends beyond the content of the application as ori inally filed. )0?.0. Fhere the rounds for cancellation relate to a part of the industrial desi n$ 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 desi n. &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 #eanin s:

###

)0).). "Mark" #eans any "isible si n capable of distin uishin 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 si n desi nated as such in the application for re istration and capable of distin uishin the ori in or any other co##on characteristic$ includin the <uality of oods or ser"ices of different enterprises which use the si n under the control of the re istered owner of the collecti"e #ark+ &Sec. (?$ *.A. Co. )88a' )0).1. "Trade na#e" #eans the na#e or desi nation identifyin or distin uishin 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. "*e ulations" #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 ri hts in a #ark shall be ac<uired throu h re istration #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 re istered if it: &a' Consists of i##oral$ decepti"e or scandalous #atter$ or #atter which #ay dispara e or falsely su est 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 insi nia of the Philippines or any of its political subdi"isions$ or of any forei n nation$ or any si#ulation thereof+ &c' Consists of a na#e$ portrait or si nature identifyin a particular li"in indi"idual e%cept by his written consent$ or the na#e$ si nature$ 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 re istered #ark belon in 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 confusin ly 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 re istered here$ as bein already the #ark of a person other than the applicant for re istration$ and used for identical or si#ilar oods or ser"ices: Pro"ided$ That in deter#inin whether a #ark is wellknown$ account shall be taken of the knowled e of the rele"ant sector of the public$ rather than of the public at lar e$ includin knowled e in the Philippines which has been obtained as a result of the pro#otion of the #ark+ &f' Is identical with$ or confusin ly si#ilar to$ or constitutes a translation of a #ark considered well-known in accordance with the precedin para raph$ which is re istered in the Philippines with respect to oods or ser"ices which are not si#ilar to those with respect to which re istration 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 re istered #ark: Pro"ided further$ That the interests of the owner of the re istered #ark are likely to be da#a ed by such use+ & ' Is likely to #islead the public$ particularly as to the nature$ <uality$ characteristics or eo raphical ori in of the oods or ser"ices+ &h' Consists e%clusi"ely of si ns that are eneric for the oods or ser"ices that they seek to identify+ &i' Consists e%clusi"ely of si ns or of indications that ha"e beco#e custo#ary or usual to desi nate the oods or ser"ices in e"eryday lan ua e or in bona fide and established trade practice+ &7' Consists e%clusi"ely of si ns or of indications that #ay ser"e in trade to desi nate the kind$ <uality$ <uantity$ intended purpose$ "alue$ eo raphical ori in$ 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 re ards si ns or de"ices #entioned in para raphs &7'$ &k'$ and &l'$ nothin shall pre"ent the re istration of any such si n or de"ice which has beco#e distincti"e in relation to the oods for which re istration 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 re istration. &Sec. ($ *.A. Co. )88a' "ection 12/. Re.uirements of (pplication. - )0(.). The application for the re istration of the #ark shall be in :ilipino or in 4n lish and shall contain the followin : &a' A re<uest for re istration+

&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 or ani!ed and e%istin + &e' The appoint#ent of an a ent 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 *e ulations+ &7' A transliteration or translation of the #ark or of so#e parts of the #ark$ as prescribed in the *e ulations+ &k' The na#es of the oods or ser"ices for which the re istration is sou ht$ rouped accordin to the classes of the Cice Classification$ to ether with the nu#ber of the class of the said Classification to which each roup of oods or ser"ices belon s+ and &l' A si nature by$ or other self-identification of$ the applicant or his representati"e. )0(.0. The applicant or the re istrant shall file a declaration of actual use of the #ark with e"idence to that effect$ as prescribed by the *e ulations 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 *e ister 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 desi nate 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 proceedin s affectin the #ark. Such notices or ser"ices #ay be ser"ed upon the person so desi nated by lea"in a copy thereof at the address

specified in the last desi nation filed. If the person so desi nated cannot be found at the address i"en in the last desi nation$ 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 unre istrable co#ponent of an otherwise re istrable #ark but such disclai#er shall not pre7udice or affect the applicant=s or owner=s ri hts 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 ri ht 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 4n lish or :ilipino: &a' An e%press or i#plicit indication that the re istration of a #ark is sou ht+ &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 re istration is sou ht+ and &e' The list of the oods or ser"ices for which the re istration is sou ht. )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 belon in to se"eral classes of the Cice Classification ha"e been included in one &)' application$ such an application shall result in one re istration. &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$" by distributin a#on the latter the oods or ser"ices referred to in the initial application. The di"isional applications shall preser"e the filin date of the initial application or the benefit of the ri ht of priority. &n' "ection 131. Signature and !ther *eans of Self0Identification . - )1?.). Fhere a si nature is re<uired$ the 2ffice shall accept: &a' A hand-written si nature+ or &b' The use of other for#s of si nature$ such as a printed or sta#ped si nature$ or the use of a seal instead of a hand-written si nature: Pro"ided$ That where a seal is used$ it should be acco#panied by an indication in letters of the na#e of the si natory. )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 *e ulations. Fhen co##unications are #ade by telefacsi#ile$ the reproduction of the si nature$ or the reproduction of the seal to ether with$ where re<uired$ the indication in letters of the na#e of the natural person whose seal is used$ appears. The ori inal 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$ le ali!ation or other certification of any si nature or other #eans of self-identification referred to in the precedin para raphs$ will be re<uired$ e%cept$ where the si nature concerns the surrender of a re istration. &n' "ection 131. Priority Right. - )1).). An application for re istration of a #ark filed in the Philippines by a person referred to in Section 1$ and who pre"iously duly filed an application for re istration 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 forei n country. )1).0. Co re istration of a #ark in the Philippines by a person described in this section shall be ranted until such #ark has been re istered in the country of ori in of the applicant. )1).1. Cothin in this section shall entitle the owner of a re istration ranted under this section to sue for acts co##itted prior to the date on which his #ark was re istered in this country: Pro"ided$ That$ notwithstandin the fore oin $ the owner of a well-known #ark as defined in Section )01.)&e' of this Act$ that is not re istered in the Philippines$ #ay$ a ainst an identical or confusin ly si#ilar #ark$ oppose its re istration$ or petition the cancellation of its re istration 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 ri ht pro"ided in this section #ay be based upon a subse<uent re ularly filed application in the sa#e forei n country: Pro"ided$ That any forei n 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 ri hts outstandin $ and has not ser"ed$ nor thereafter shall ser"e$ as a basis for clai#in a ri ht 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 *e ulations 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 *e ulations 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 re istrable 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 re istration 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 *e ulations shall deter#ine the procedure for the ree%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 *e ulations. &Sec. ;$ *.A. Co. )88a' "ection 13/. !pposition. - Any person who belie"es that he would be da#a ed by the re istration 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 re istration of #arks re istered in other countries or other supportin docu#ents #entioned in the opposition shall be filed therewith$ to ether with the translation in 4n lish$ if not in the 4n lish lan ua e. :or ood cause shown and upon pay#ent of the re<uired surchar e$ the ti#e for filin an opposition #ay be e%tended by the -irector of .e al Affairs$ who shall notify the applicant of such e%tension. The *e ulations 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 ri ht$ 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 .e al Affairs shall ha"e denied the opposition$ the 2ffice upon pay#ent of the re<uired fee$ shall issue the certificate of re istration. /pon issuance of a certificate of re istration$ 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 *e ister in which shall be re istered #arks$ nu#bered in the order of their re istration$ and all transactions in respect of each #ark$ re<uired to be recorded by "irtue of this law. )1;.0. The re istration of a #ark shall include a reproduction of the #ark and shall #ention: its nu#ber+ the na#e and address of the re istered owner and$ if the re istered owner=s address is outside the country$ his address for ser"ice within the country+ the dates of application and re istration+ 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 re istration has been ranted$ with the indication of the correspondin class or classes+ and such other data as the *e ulations #ay prescribe fro# ti#e to ti#e. )1;.1. A certificate of re istration of a #ark #ay be issued to the assi nee of the applicant: Pro"ided$ That the assi n#ent is recorded in the 2ffice. In case of a chan e of ownership$ the 2ffice shall at the written re<uest si ned 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 assi nee a new certificate of re istration of the said #ark in the na#e of such assi nee$ and for the une%pired part of the ori inal period. )1;.(. The 2ffice shall record any chan e of address$ or address for ser"ice$ which shall be notified to it by the re istered owner. )1;.3. In the absence of any pro"ision to the contrary in this Act$ co##unications to be #ade to the re istered 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 re istration of a #ark shall be pri#a facie e"idence of the "alidity of the re istration$ the re istrant=s ownership of the #ark$ and of the re istrant=s e%clusi"e ri ht 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 *e ulations$ the #arks re istered$ in the order of their re istration$ reproducin all the particulars referred to in Subsection )1;.0. )1A.0. Marks re istered at the 2ffice #ay be inspected free of char e 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 re istered #ark. &n' "ection 1/1. Cancellation upon (pplication by Registrant3 (mendment or Disclaimer of Registration . - /pon application of the re istrant$ the 2ffice #ay per#it any re istration to be surrendered for cancellation$ and upon cancellation the appropriate entry shall be #ade in the records of the 2ffice. /pon application of the re istrant and pay#ent of the prescribed fee$ the 2ffice for ood cause #ay per#it any re istration 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 re istration 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 drawin s belon in to the 2ffice relatin to #arks$ and copies of re istrations$ 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 ori inals 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 re istration incurred throu h 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 char e$ recorded and a printed copy thereof shall be attached to each printed copy of the re istration. Such corrected re istration shall thereafter ha"e the sa#e effect as the ori inal 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 re istration #ay be issued without char e. All certificates of correction heretofore issued in accordance with the *e ulations and the re istration 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 re istration and such #istake occurred in ood faith throu h 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 chan e in the re istration that re<uires republication of the #ark. &n' "ection 1//. Classification of %oods and Services . - )((.). 4ach re istration$ and any publication of the 2ffice which concerns an application or re istration 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 belon s$ 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 re istration 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 re istration shall re#ain in force for ten &)?' years: Pro"ided$ That the re istrant 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 *e ulations$ within one &)' year fro# the fifth anni"ersary of the date of the re istration of the #ark. 2therwise$ the #ark shall be re#o"ed fro# the *e ister by the 2ffice. &Sec. )0$ *.A. Co. )88a' "ection 1/6. Rene-al. - )(8.). A certificate of re istration #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 sou ht+ &b' The na#e and address of the re istrant or his successor-in-interest$ hereafter referred to as the "ri ht holder"+ &c' The re istration nu#ber of the re istration concerned+ &d' The filin date of the application which resulted in the re istration concerned to be renewed+ &e' Fhere the ri ht 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 belon s and presented in the order of the classes of the said Classification+ and & ' A si nature by the ri ht holder or his representati"e. )(8.0. Such re<uest shall be in :ilipino or 4n lish and #ay be #ade at any ti#e within si% &8' #onths before the e%piration of the period for which the re istration 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 re istration$ it shall notify the re istrant 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 re istered #ark shall ha"e the e%clusi"e ri ht to pre"ent all third parties not ha"in the owner=s consent fro# usin in the course of trade identical or si#ilar si ns or containers for oods or ser"ices which are identical or si#ilar to those in respect of which the trade#ark is re istered where such use would result in a likelihood of confusion. In case of the use of an identical si n for identical oods or ser"ices$ a likelihood of confusion shall be presu#ed.

)(;.0. The e%clusi"e ri ht of the owner of a well-known #ark defined in Subsection )01.)&e' which is re istered 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 re istered: 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 re istered #ark: Pro"ided further$ That the interests of the owner of the re istered #ark are likely to be da#a ed by such use. &n' "ection 1/8. ,se of Indications by Third Parties for Purposes !ther than those for -hich the *ar& is ,sed . *e istration of the #ark shall not confer on the re istered owner the ri ht to preclude third parties fro# usin bona fide their na#es$ addresses$ pseudony#s$ a eo raphical na#e$ or e%act indications concernin the kind$ <uality$ <uantity$ destination$ "alue$ place of ori in$ 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 re istration of a #ark$ or its re istration$ #ay be assi ned or transferred with or without the transfer of the business usin the #ark. &n' )(A.0. Such assi n#ent or transfer shall$ howe"er$ be null and "oid if it is liable to #islead the public$ particularly as re ards 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 assi n#ent of the application for re istration of a #ark$ or of its re istration$ shall be in writin and re<uire the si natures of the contractin parties. Transfers by #er ers or other for#s of succession #ay be #ade by any docu#ent supportin such transfer. )(A.(. Assi n#ents and transfers of re istrations of #arks shall be recorded at the 2ffice on pay#ent of the prescribed fee+ assi n#ent and transfers of applications for re istration shall$ on pay#ent of the sa#e fee$ be pro"isionally recorded$ and the #ark$ when re istered$ shall be in the na#e of the assi nee or transferee. )(A.3. Assi n#ents and transfers shall ha"e no effect a ainst third parties until they are recorded at the 2ffice. &Sec. 1)$ *.A. Co. )88a' "ection 101. 'icense Contracts. - )3?.). Any license contract concernin the re istration 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 a ainst third parties until such recordin is effected. The *e ulations shall fi% the procedure for the recordin of the license contract. &n' "ection 101. Cancellation. - )3).). A petition to cancel a re istration of a #ark under this Act #ay be filed with the 9ureau of .e al Affairs by any person who belie"es that he is or will be da#a ed by the re istration of a #ark under this Act as follows: &a' Fithin fi"e &3' years fro# the date of the re istration of the #ark under this Act. &b' At any ti#e$ if the re istered #ark beco#es the eneric na#e for the oods or ser"ices$ or a portion thereof$ for which it is re istered$ or has been abandoned$ or its re istration was obtained fraudulently or

contrary to the pro"isions of this Act$ or if the re istered #ark is bein used by$ or with the per#ission of$ the re istrant so as to #isrepresent the source of the oods or ser"ices on or in connection with which the #ark is used. If the re istered #ark beco#es the eneric na#e for less than all of the oods or ser"ices for which it is re istered$ a petition to cancel the re istration for only those oods or ser"ices #ay be filed. A re istered #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 si nificance of the re istered #ark to the rele"ant public rather than purchaser #oti"ation shall be the test for deter#inin whether the re istered #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 re istered owner of the #ark without le iti#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 lon er. )3).0. Cotwithstandin the fore oin pro"isions$ the court or the ad#inistrati"e a ency "ested with 7urisdiction to hear and ad7udicate any action to enforce the ri hts to a re istered #ark shall likewise e%ercise 7urisdiction to deter#ine whether the re istration of said #ark #ay be cancelled in accordance with this Act. The filin of a suit to enforce the re istered #ark with the proper court or a ency shall e%clude any other court or a ency 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 .e al Affairs shall not constitute a pre7udicial <uestion that #ust be resol"ed before an action to enforce the ri hts to sa#e re istered #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 re istered$ 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 belon in to the class in respect of which the #ark is re istered 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 re istrant or applicant shall inure to the latter=s benefit$ and such use shall not affect the "alidity of such #ark or of its re istration: 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 re istrant or applicant with respect to the nature and <uality of the oods or ser"ices$ such use shall inure to the benefit of the re istrant 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 .e al Affairs finds that a case for cancellation has been #ade out$ it shall order the cancellation of the re istration. Fhen the order or 7ud #ent beco#es final$ any ri ht conferred by such re istration upon the re istrant 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 re istered #ark: )33.). /se in co##erce any reproduction$ counterfeit$ copy$ or colorable i#itation of a re istered #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 re istered #ark or a do#inant feature thereof and apply such reproduction$ counterfeit$ copy or colorable i#itation to labels$ si ns$ prints$ packa es$ 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 infrin e#ent by the re istrant for the re#edies hereinafter set forth: Pro"ided$ That the infrin e#ent takes place at the #o#ent any of the acts stated in Subsection )33.) or this subsection are co##itted re ardless of whether there is actual sale of oods or ser"ices usin the infrin in #aterial. &Sec. 00$ *.A. Co )88a' "ection 106. (ctions) and Damages and In1unction for Infringement . - )38.). The owner of a re istered #ark #ay reco"er da#a es fro# any person who infrin es his ri hts$ and the #easure of the da#a es suffered shall be either the reasonable profit which the co#plainin party would ha"e #ade$ had the defendant not infrin ed his ri hts$ or the profit which the defendant actually #ade out of the infrin e#ent$ or in the e"ent such #easure of da#a es cannot be readily ascertained with reasonable certainty$ then the court #ay award as da#a es a reasonable percenta e 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 infrin e#ent of the ri hts 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#a es #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 ri ht of the owner of the re istered #ark is established$ the court #ay order that oods found to be infrin in 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 ri ht holder$ or destroyed+ and all labels$ si ns$ prints$ packa es$ wrappers$ receptacles and ad"ertise#ents in the possession of the defendant$ bearin the re istered #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 re ard 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 *e ulations$ 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 infrin e#ent$ the owner of the re istered #ark shall not be entitled to reco"er profits or da#a es unless the acts ha"e been co##itted with knowled e that such

i#itation is likely to cause confusion$ or to cause #istake$ or to decei"e. Such knowled e is presu#ed if the re istrant i"es notice that his #ark is re istered by displayin with the #ark the words ="*e istered Mark" or the letter * within a circle or if the defendant had otherwise actual notice of the re istration. &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 ri ht infrin ed under this Act shall be li#ited as follows: )3A.). Cotwithstandin the pro"isions of Section )33 hereof$ a re istered #ark shall ha"e no effect a ainst 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 ri ht #ay only be transferred or assi ned to ether with his enterprise or business or with that part of his enterprise or business in which the #ark is used. )3A.0. Fhere an infrin er who is en a ed solely in the business of printin the #ark or other infrin in #aterials for others is an innocent infrin er$ the owner of the ri ht infrin ed shall be entitled as a ainst such infrin er only to an in7unction a ainst future printin . )3A.1. Fhere the infrin e#ent co#plained of is contained in or is part of paid ad"ertise#ent in a newspaper$ #a a!ine$ or other si#ilar periodical or in an electronic co##unication$ the re#edies of the owner of the ri ht infrin ed as a ainst the publisher or distributor of such newspaper$ #a a!ine$ or other si#ilar periodical or electronic co##unication shall be li#ited to an in7unction a ainst the presentation of such ad"ertisin #atter in future issues of such newspapers$ #a a!ines$ or other si#ilar periodicals or in future trans#issions of such electronic co##unications. The li#itations of this subpara raph shall apply only to innocent infrin ers: Pro"ided$ That such in7uncti"e relief shall not be a"ailable to the owner of the ri ht infrin ed with respect to an issue of a newspaper$ #a a!ine$ or other si#ilar periodical or an electronic co##unication containin infrin in #atter where restrainin the disse#ination of such infrin in #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 infrin in #atter. &n' "ection 161. Right of oreign Corporation to Sue in Trademar& or Service *ar& +nforcement (ction . - Any forei n national or 7uridical person who #eets the re<uire#ents of Section 1 of this Act and does not en a e in business in the Philippines #ay brin a ci"il or ad#inistrati"e action hereunder for opposition$ cancellation$ infrin e#ent$ unfair co#petition$ or false desi nation of ori in 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 re istered #ark$ the court #ay deter#ine the ri ht to re istration$ order the cancellation of a re istration$ in whole or in part$ and otherwise rectify the re ister with respect to the re istration 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 re istration 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#a es 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 brou ht 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 re istered under the pro"isions of this Act$ to notify the -irector in writin settin forth: the na#es and addresses of the liti ants and desi natin the nu#ber of the re istration or re istrations 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 re istration or re istrations 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 desi nation #ay not be used as a trade na#e if by its nature or the use to which such na#e or desi nation #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 re ulations pro"idin for any obli ation to re ister trade na#es$ such na#es shall be protected$ e"en prior to or without re istration$ a ainst 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 chan e 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 re istered 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 forei n 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 re istration 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 re ulations 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 re istered #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 re istration of a collecti"e #ark shall desi nate the #ark as a collecti"e #ark and shall be acco#panied by a copy of the a ree#ent$ if any$ o"ernin the use of the collecti"e #ark. &b' The re istered owner of a collecti"e #ark shall notify the -irector of any chan es #ade in respect of the a ree#ent referred to in para raph &a'.

)8;.1. In addition to the rounds pro"ided in Section )(A$ the Court shall cancel the re istration of a collecti"e #ark if the person re<uestin the cancellation pro"es that only the re istered owner uses the #ark$ or that he uses or per#its its use in contra"ention of the a ree#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 ori in or any other co##on characteristics of the oods or ser"ices concerned. )8;.(. The re istration 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 re istered #ark is e#ployed$ has a property ri ht 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 ri hts. )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 a ainst 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 packa es 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 le iti#ate trade$ or any subse<uent "endor of such oods or any a ent of any "endor en a ed 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 desi nation of ori in$ 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 ori in$ 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 eo raphic ori in 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#a es 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#a ed 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 consi nee 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 1 1. 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 ran in 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 1 1. 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 pro ra#" 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 ori inal 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#a es 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 re ard to the nature of the work+ );).@. "*ental" is the transfer of the possession of the ori inal 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 re ularly prescribed official duties. C&APT!R )R#%#NA' .)R4" ##

"ection 1 2. 'iterary and (rtistic 8or&s . - );0.). .iterary and artistic works$ hereinafter referred to as "works"$ are ori inal 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 writin s+ &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+ choreo raphic works or entertain#ent in du#b shows+ &f' Musical co#positions$ with or without words+ & ' Forks of drawin $ paintin $ architecture$ sculpture$ en ra"in $ litho raphy or other works of art+ #odels or desi ns for works of art+ &h' 2ri inal orna#ental desi ns or #odels for articles of #anufacture$ whether or not re istrable as an industrial desi n$ and other works of applied art+ &i' Illustrations$ #aps$ plans$ sketches$ charts and three-di#ensional works relati"e to topo raphy$ architecture or science+ eo raphy$

&7' -rawin s or plastic works of a scientific or technical character+ &k' Photo raphic works includin works produced by a process analo ous to photo raphy+ lantern slides+ &l' Audio"isual works and cine#ato raphic works and works produced by a process analo ous to cine#ato raphy or any process for #akin audio-"isual recordin s+ &#' Pictorial illustrations and ad"ertise#ents+ &n' Co#puter pro ra#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 1 3. Derivative 8or&s. - );1.). The followin deri"ati"e works shall also be protected by copyri ht: &a' -ra#ati!ations$ translations$ adaptations$ abrid #ents$ arran e#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 ori inal by reason of the selection or coordination or arran e#ent of their contents. &Sec. 0$ DPE and D>E$ P.-. Co. (A' );1.0. The works referred to in para raphs &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 copyri ht upon the ori inal works e#ployed or any part thereof$ or be construed to i#ply any ri ht to such use of the ori inal works$ or to secure or e%tend copyri ht in such ori inal works. &Sec. @$ P.-. (A+ Art. )?$ T*IPS' "ection 1 /. Published +dition of 8or&. - In addition to the ri ht to publish ranted by the author$ his heirs$ or assi ns$ the publisher shall ha"e a copyri ht consistin #erely of the ri ht of reproduction of the typo raphical arran e#ent of the published edition of the work. &n' C&APT!R .)R4" N)T PR)T!CT!+ ####

"ection 1 0. ,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 le islati"e$ ad#inistrati"e or le al nature$ as well as any official translation thereof &n' "ection 1 6. 8or&s of the %overnment. - );8.). Co copyri ht shall subsist in any work of the ,o"ern#ent of the Philippines. Bowe"er$ prior appro"al of the o"ern#ent a ency or office wherein the work is created shall be necessary for e%ploitation of such work for profit. Such a ency or office #ay$ a#on other thin s$ 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 re ulations$ and speeches$ lectures$ ser#ons$ addresses$ and dissertations$ pronounced$ read or rendered in courts of 7ustice$ before ad#inistrati"e a encies$ in deliberati"e asse#blies and in #eetin s 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 para raphs shall ha"e the e%clusi"e ri ht of #akin a collection of his works. &n' );8.1. Cotwithstandin the fore oin pro"isions$ the ,o"ern#ent is not precluded fro# recei"in and holdin copyri hts transferred to it by assi n#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 copyri ht is subsistin be taken to cause any abrid #ent or annul#ent of the copyri ht or to authori!e any use or appropriation of such work without the consent of the copyri ht 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$ copyri ht or econo#ic ri hts shall consist of the e%clusi"e ri ht 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$ arran e#ent or other transfor#ation of the work+ );;.1. The first public distribution of the ori inal and each copy of the work by sale or other for#s of transfer of ownership+ );;.(. *ental of the ori inal or a copy of an audio"isual or cine#ato raphic work$ a work e#bodied in a sound recordin $ a co#puter pro ra#$ a co#pilation of data and other #aterials or a #usical work in raphic for#$ irrespecti"e of the ownership of the ori inal or the copy which is the sub7ect of the rental+ &n' );;.3. Public display of the ori inal 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 1 8. Rules on Copyright !-nership. - Copyri ht ownership shall be o"erned by the followin rules: );@.) Sub7ect to the pro"isions of this section$ in the case of ori inal literary and artistic works$ copyri ht shall belon to the author of the work+ );@.0. In the case of works of 7oint authorship$ the co-authors shall be the ori inal owners of the copyri ht and in the absence of a ree#ent$ their ri hts 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 ori inal owner of the copyri ht 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 copyri ht shall belon to: &a' The e#ployee$ if the creation of the ob7ect of copyri ht is not a part of his re ular 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 re ularly-assi ned duties$ unless there is an a ree#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 copyri ht 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 copyri ht 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 copyri ht to an e%tent re<uired for the e%hibition of the work in any #anner$ e%cept for the ri ht 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 copyri ht shall belon to the writer sub7ect to the pro"isions of Article ;01 of the Ci"il Code. &Sec. 8$ P.-. Co. (Aa' "ection 1 9. (nonymous and Pseudonymous 8or&s . - :or purposes of this Act$ the publishers shall be dee#ed to represent the authors of articles and other writin s 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 copyri ht #ay be assi ned in whole or in part. Fithin the scope of the assi n#ent$ the assi nee is entitled to all the ri hts and re#edies which the assi nor had with respect to the copyri ht. )@?.0. The copyri ht is not dee#ed assi ned inter "i"os in whole or in part unless there is a written indication of such intention. )@?.1. The sub#ission of a literary$ photo raphic or artistic work to a newspaper$ #a a!ine or periodical for publication shall constitute only a license to #ake a sin le publication unless a reater ri ht is e%pressly ranted. If two &0' or #ore persons 7ointly own a copyri ht 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 copyri ht is distinct fro# the property in the #aterial ob7ect sub7ect to it. Conse<uently$ the transfer or assi n#ent of the copyri ht shall not itself constitute a transfer of the #aterial ob7ect. Cor shall a transfer or assi n#ent of the sole copy or of one or se"eral copies of the work i#ply transfer or assi n#ent of the copyri ht. &Sec. )8$ P.-. Co. (A'

"ection 182. iling of (ssignment or 'icense. - An assi n#ent or e%clusi"e license #ay be filed in duplicate with the Cational .ibrary upon pay#ent of the prescribed fee for re istration 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 copyri ht owners or their heirs #ay desi nate a society of artists$ writers or co#posers to enforce their econo#ic ri hts and #oral ri hts 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 infrin e#ent of copyri ht: &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 char e or if #ade strictly for a charitable or reli ious 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 reli ious 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 photo raphy$ cine#ato raphy 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 recordin s by a broadcastin or ani!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 char ed 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 *e ulations+ &n' &7' Public display of the ori inal or a copy of the work not #ade by #eans of a fil#$ slide$ tele"ision i#a e 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 ori inal 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 proceedin s or for the i"in of professional ad"ice by a le al 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 ri ht holder=s le iti#ate interests. "ection 180. air ,se of a Copyrighted 8or& . - )@3.). The fair use of a copyri hted work for criticis#$ co##ent$ news reportin $ teachin includin #ultiple copies for classroo# use$ scholarship$ research$ and si#ilar purposes is not an infrin e#ent of copyri ht. -eco#pilation$ which is understood here to be the reproduction of the code and translation of the for#s of the co#puter pro ra# to achie"e the inter-operability of an independently created co#puter pro ra# with other pro ra#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 copyri hted work+ &c' The a#ount and substantiality of the portion used in relation to the copyri hted work as a whole+ and &d' The effect of the use upon the potential #arket for or "alue of the copyri hted 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. - Copyri ht in a work of architecture shall include the ri ht to control the erection of any buildin which reproduces the whole or a substantial part of the work either in its ori inal for# or in any for# reco ni!ably deri"ed fro# the ori inal: Pro"ided$ That the copyri ht in any such work shall not include the ri ht to control the reconstruction or rehabilitation in the sa#e style as the ori inal of a buildin to which that copyri ht 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 sin le 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 copyri ht 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 repro raphic #eans+ &c' A co#pilation of data and other #aterials+ &d' A co#puter pro ra# 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 le iti#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 copyri ht owner$ #ake a sin le copy of the work by repro raphic reproduction: &a' Fhere the work by reason of its fra ile character or rarity cannot be lent to user in its ori inal 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 pa es of #a a!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 pro ra# shall be per#itted$ without the authori!ation of the author of$ or other owner of copyri ht in$ a co#puter pro ra#$ by the lawful owner of that co#puter pro ra#: Pro"ided$ That the copy or adaptation is necessary for: &a' The use of the co#puter pro ra# in con7unction with a co#puter for the purpose$ and to the e%tent$ for which the co#puter pro ra# has been obtained+ and &b' Archi"al purposes$ and$ for the replace#ent of the lawfully owned copy of the co#puter pro ra# in the e"ent that the lawfully obtained copy of the co#puter pro ra# 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 pro ra# 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 copyri ht 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 reli ious$ charitable$ or educational society or institution duly incorporated or re istered$ or is for the encoura e#ent of the fine arts$ or for any state school$ colle e$ uni"ersity$ or free public library in the Philippines. &b' Fhen such copies for# parts of libraries and personal ba a e belon in to persons or fa#ilies arri"in fro# forei n 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 ri hts of owner the copyri ht or annul or li#it the protection secured by this Act$ and such unlawful use shall be dee#ed an infrin e#ent and shall be punishable as such without pre7udice to the proprietor=s ri ht 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 re ulations 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 +!P)"#T AN+ N)T#C! #3

"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 copyri ht 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 re istered and deposited with it$ by personal deli"ery or by re istered #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 copyri ht 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 copyri ht 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 copyri ht 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 copyri ht 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 2)RA' R#%&T" 3

"ection 193. Scope of *oral Rights . - The author of a work shall$ independently of the econo#ic ri hts in Section );; or the rant of an assi n#ent or license with respect to such ri ht$ ha"e the ri ht: )A1.). To re<uire that the authorship of the works be attributed to hi#$ in particular$ the ri ht 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 dero atory 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#a es for breach of such contract. &Sec. 13$ P.-. Co. (A' "ection 190. 8aiver of *oral Rights. - An author #ay wai"e his ri hts #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 ri ht 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 $ arran in 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 ri hts secured by this chapter. Cor shall co#plete destruction of a work unconditionally transferred by the author be dee#ed to "iolate such ri hts. &Sec. 1@$ P.-. Co. (A' "ection 198. Term of *oral Rights . - )A@.). The ri hts 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 assi nable or sub7ect to license. The person or persons to be char ed with the posthu#ous enforce#ent of these ri hts 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 char ed 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 ri hts conferred by this Chapter shall entitle those char ed with their enforce#ent to the sa#e ri hts and re#edies a"ailable to a copyri ht owner. In addition$ da#a es which #ay be a"ailed of under the Ci"il Code #ay also be reco"ered. Any da#a e 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 R#%&T" T) PR)C!!+" #N "($"!5(!NT TRAN",!R" 3#

"ection 211. Sale or 'ease of 8or&. - In e"ery sale or lease of an ori inal work of paintin or sculpture or of the ori inal #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 ri ht to participate in the ross proceeds of the sale or lease to the e%tent of fi"e percent &3I'. This ri ht 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$ etchin s$ en ra"in s$ 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 #eanin s: 0?0.). "Perfor#ers" are actors$ sin ers$ #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#ato raphic 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#a es 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 throu h a de"ice+ 0?0. 3. "Producer of a sound recordin " #eans the person$ or the le al 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 ri ht 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#a es 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 or ani!ation or with its consent+ 0?0.@. "9roadcastin or ani!ation" shall include a natural person or a 7uridical entity duly authori!ed to en a e 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 ri hts: 0?1.). As re ards their perfor#ances$ the ri ht 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 ri ht of authori!in the direct or indirect reproduction of their perfor#ances fi%ed in sound recordin s$ in any #anner or for#+ 0?1.1. Sub7ect to the pro"isions of Section 0?8$ the ri ht of authori!in the first public distribution of the ori inal and copies of their perfor#ance fi%ed in the sound recordin throu h sale or rental or other for#s of transfer of ownership+ 0?1.(. The ri ht of authori!in the co##ercial rental to the public of the ori inal and copies of their perfor#ances fi%ed in sound recordin s$ e"en after distribution of the# by$ or pursuant to the authori!ation by the perfor#er+ and 0?1.3. The ri ht of authori!in the #akin a"ailable to the public of their perfor#ances fi%ed in sound recordin s$ 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 ri hts$ the perfor#er$ shall$ as re ards his li"e aural perfor#ances or perfor#ances fi%ed in sound recordin s$ ha"e the ri ht 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 ri hts 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 or ani!ation$ the perfor#er shall be entitled to an additional re#uneration e<ui"alent to at least fi"e percent &3I' of the ori inal 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 ri ht to a ree 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 PR)+(C!R" ), ")(N+ R!C)R+#N%" 3###

"ection 218. Scope of Right. - Sub7ect to the pro"isions of Section 0)0$ producers of sound recordin s shall en7oy the followin e%clusi"e ri hts: 0?@.). The ri ht to authori!e the direct or indirect reproduction of their sound recordin s$ in any #anner or for#+ the placin of these reproductions in the #arket and the ri ht of rental or lendin + 0?@.0. The ri ht to authori!e the first public distribution of the ori inal and copies of their sound recordin s throu h sale or rental or other for#s of transferrin ownership+ and 0?@.1. The ri ht to authori!e the co##ercial rental to the public of the ori inal and copies of their sound recordin s$ 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 sin le 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 a ree#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 recordin s. &Sec. (@$ P.-. Co. (Aa' C&APT!R $R)A+CA"T#N% )R%AN#6AT#)N" 3#-

"ection 211. Scope of Right. - Sub7ect to the pro"isions of Section 0)0$ broadcastin or ani!ations shall en7oy the e%clusi"e ri ht 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 '#2#TAT#)N" )N PR)T!CT#)N

3-

"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 T!R2 ), PR)T!CT#)N 3-#

"ection 213. Term of Protection. - 0)1.). Sub7ect to the pro"isions of Subsections 0)1.0 to 0)1.3$ the copyri ht 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 ri hts 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 copyri ht 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 lon er 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 photo raphic 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 analo ous to photo raphy or any process for #akin audio-"isual recordin s$ 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 be in 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$ations . - 0)3.). The ri hts ranted to perfor#ers and producers of sound recordin s under this law shall e%pire: &a' :or perfor#ances not incorporated in recordin s$ fifty &3?' years fro# the end of the year in which the perfor#ance took place+ and

&b' :or sound or i#a e and sound recordin s 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 #N,R#N%!2!NT 3-##

"ection 216. Remedies for Infringement. - 0)8.). Any person infrin in a ri ht protected under this law shall be liable: &a' To an in7unction restrainin such infrin e#ent. The court #ay also order the defendant to desist fro# an infrin e#ent$ a#on others$ to pre"ent the entry into the channels of co##erce of i#ported oods that in"ol"e an infrin e#ent$ i##ediately after custo#s clearance of such oods. &b' Pay to the copyri ht proprietor or his assi ns or heirs such actual da#a es$ includin le al costs and other e%penses$ as he #ay ha"e incurred due to the infrin e#ent as well as the profits the infrin er #ay ha"e #ade due to such infrin e#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#a es and profits$ such da#a es which to the court shall appear to be 7ust and shall not be re arded 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 packa in alle ed to infrin e a copyri ht and i#ple#ents for #akin the#. &d' -eli"er under oath for destruction without any co#pensation all infrin in copies or de"ices$ as well as all plates$ #olds$ or other #eans for #akin such infrin in copies as the court #ay order. &e' Such other ter#s and conditions$ includin the pay#ent of #oral and e%e#plary da#a es$ which the court #ay dee# proper$ wise and e<uitable and the destruction of infrin in copies of the work e"en in the e"ent of ac<uittal in a cri#inal case. 0)8.0. In an infrin e#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 proceedin s. &Sec. 0@$ P.-. Co. (Aa' "ection 21 . Criminal Penalties. - 0);.). Any person infrin in any ri ht secured by pro"isions of Part I6 of this Act or aidin or abettin such infrin e#ent shall be uilty of a cri#e punishable by: &a' I#prison#ent of one &)' year to three &1' years plus a fine ran in 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 ran in 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 ran in 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 infrin in #aterials that the defendant has produced or #anufactured and the da#a e that the copyri ht owner has suffered by reason of the infrin e#ent. 0);.1. Any person who at the ti#e when copyri ht subsists in a work has in his possession an article which he knows$ or ou ht to know$ to be an infrin in 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 ri hts of the copyri ht 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 copyri ht in any work or other sub7ect #atter and statin that: &a' At the ti#e specified therein$ copyri ht subsisted in the work or other sub7ect #atter+ &b' Be or the person na#ed therein is the owner of the copyri ht+ 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 proceedin s 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 copyri ht. 0)@.0. In an action under this Chapter: &a' Copyri ht 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 copyri ht subsists in the work or other sub7ect #atter+ and &b' Fhere the subsistence of the copyri ht is established$ the plaintiff shall be presu#ed to be the owner of the copyri ht if he clai#s to be the owner of the copyri ht 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 copyri ht subsists in a work or other sub7ect #atter to which the action relates$ or the ownership of copyri ht in such work or sub7ect #atter$ thereby occasionin unnecessary costs or delay in the proceedin s$ 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 re ister 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 re ister. &n' C&APT!R "C)P! ), APP'#CAT#)N 3-###

"ection 221. Points of (ttachment for 8or&s under Sections 9:; and 9:< . - 00).). The protection afforded by this Act to copyri htable 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 a ree#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 recordin s 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 recordin s shall apply to: 001.). Sound recordin s the producers of which are nationals of the Philippines+ and 001.0. Sound recordin s 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 or ani!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 recordin s and broadcastin or ani!ations which$ are to be protected by "irtue of and in accordance with any international con"ention or other international a ree#ent to which the Philippines is a party. &n' C&APT!R #N"T#T(T#)N ), ACT#)N" 3#3

"ection 220. 5urisdiction. - Fithout pre7udice to the pro"isions of Subsection ;.)&c'$ actions under this Act shall be co ni!able by the courts with appropriate 7urisdiction under e%istin law. &Sec. 3;$ P.-. Co. (Aa' "ection 226. Damages. - Co da#a es #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 2#"C!''AN!)(" PR)-#"#)N" 33

"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 char ed 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 safe uards and re ulations 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 Copyri ht 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 dischar e of its ser"ices under this Act$ such fees as #ay be pro#ul ated 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 proceedin s 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 forei n country on a Philippine national seekin protection of intellectual property ri hts in that country$ shall reciprocally be enforceable upon nationals of said country$ within Philippine 7urisdiction. &n' "ection 232. (ppeals. - 010.). Appeals fro# decisions of re ular courts shall be o"erned by the *ules of Court. /nless restrained by a hi her 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 *e ulations. &n' "ection 233. !rgani$ation of the !ffice3 +2emption from the Salary Standardi$ation 'a- and the (ttrition 'a- . 011.). The 2ffice shall be or ani!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 Technolo y Transfer under the -epart#ent of Trade and Industry is hereby abolished. All une%pended funds and fees$ fines$ royalties and other char es collected for the calendar year$ properties$ e<uip#ent and records of the 9ureau of Patents$ Trade#arks and Technolo y 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 hi hest 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 Technolo y 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 fore oin eneral repeal thereof: Pro"ided$ That applications for utility #odels or industrial desi ns 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 re istration of #arks or trade na#es pendin in the 9ureau of Patents$ Trade#arks and Technolo y 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 re istrations 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 re istrations 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 fore oin eneral repeal thereof &n' "ection 236. Preservation of +2isting Rights . - Cothin herein shall ad"ersely affect the ri hts on the enforce#ent of ri hts in patents$ utility #odels$ industrial desi ns$ #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 re ardin 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 char ed to the appropriations of the 9ureau of Patents$ Trade#arks$ and Technolo y Transfer under the current ,eneral Appropriations Act and the fees$ fines$ royalties and other char es 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 re istered 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 re istered in the Supple#ental *e ister under *epublic Act Co. )88 shall re#ain in force but shall no lon er be sub7ect to renewal. 01A.1. The pro"isions of this Act shall apply to works in which copyri ht 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