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Republic of the Philippines

Congress of the Philippines


Metro Manila
Tenth Congress
Republic Act No. 8293 June 6, 199
AN ACT PR!"CR#$#N% T&! #NT!''!CT(A' PR)P!RT* C)+! AN+
!"TA$'#"&#N% T&! #NT!''!CT(A' PR)P!RT* ),,#C!, PR)-#+#N%
,)R #T" P).!R" AN+ ,(NCT#)N", AN+ ,)R )T&!R P(RP)"!"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
PART #
T&! #NT!''!CT(A' PR)P!RT* ),,#C!
"ection 1. Title. - This Act shall be known as the "Intellectual Property Code of the
Philippines."
"ection 2. Declaration of State Policy. - The State reconi!es that an effecti"e
intellectual and industrial property syste# is "ital to the de"elop#ent of do#estic and
creati"e acti"ity$ facilitates transfer of technoloy$ attracts forein in"est#ents$ and
ensures #arket access for our products. It shall protect and secure the e%clusi"e rihts of
scientists$ in"entors$ artists and other ifted citi!ens to their intellectual property and
creations$ particularly when beneficial to the people$ for such periods as pro"ided in this
Act.
The use of intellectual property bears a social function. To this end$ the State shall
pro#ote the diffusion of knowlede and infor#ation for the pro#otion of national
de"elop#ent and proress and the co##on ood.
It is also the policy of the State to strea#line ad#inistrati"e procedures of reisterin
patents$ trade#arks and copyriht$ to liberali!e the reistration on the transfer of
technoloy$ and to enhance the enforce#ent of intellectual property rihts in the
Philippines. &n'
"ection 3. International Conventions and Reciprocity. - Any person who is a national or
who is do#iciled or has a real and effecti"e industrial establish#ent in a country which is
a party to any con"ention$ treaty or aree#ent relatin to intellectual property rihts or
the repression of unfair co#petition$ to which the Philippines is also a party$ or e%tends
reciprocal rihts to nationals of the Philippines by law$ shall be entitled to benefits to the
e%tent necessary to i"e effect to any pro"ision of such con"ention$ treaty or reciprocal
law$ in addition to the rihts to which any owner of an intellectual property riht is
otherwise entitled by this Act. &n'
"ection /. Definitions. - (.). The ter# "intellectual property rihts" consists of:
a' Copyriht and *elated *ihts+
b' Trade#arks and Ser"ice Marks+
c' ,eoraphic Indications+
d' Industrial -esins+
e' Patents+
f' .ayout--esins &Toporaphies' of Interated Circuits+ and
' Protection of /ndisclosed Infor#ation &n$ T*IPS'.
(.0. The ter# "technoloy transfer arrane#ents" refers to contracts or aree#ents
in"ol"in the transfer of syste#atic knowlede for the #anufacture of a product$ the
application of a process$ or renderin of a ser"ice includin #anae#ent contracts+ and
the transfer$ assin#ent or licensin of all for#s of intellectual property rihts$ includin
licensin of co#puter software e%cept co#puter software de"eloped for #ass #arket.
(.1. The ter# "2ffice" refers to the Intellectual Property 2ffice created by this Act.
(.(. The ter# "IP2 ,a!ette" refers to the a!ette published by the 2ffice under this Act.
&n'
"ection 0. unctions of the Intellectual Property !ffice "IP!#. - 3.). To ad#inister and
i#ple#ent the State policies declared in this Act$ there is hereby created the Intellectual
Property 2ffice &IP2' which shall ha"e the followin functions:
a' 4%a#ine applications for rant of letters patent for in"entions and reister
utility #odels and industrial desins+
b' 4%a#ine applications for the reistration of #arks$ eoraphic indication$
interated circuits+
c' *eister technoloy transfer arrane#ents and settle disputes in"ol"in
technoloy transfer pay#ents co"ered by the pro"isions of Part II$ Chapter I5 on
6oluntary .icensin and de"elop and i#ple#ent strateies to pro#ote and
facilitate technoloy transfer+
d' Pro#ote the use of patent infor#ation as a tool for technoloy de"elop#ent+
e' Publish reularly in its own publication the patents$ #arks$ utility #odels and
industrial desins$ issued and appro"ed$ and the technoloy transfer arrane#ents
reistered+
f' Ad#inistrati"ely ad7udicate contested proceedins affectin intellectual
property rihts+ and
' Coordinate with other o"ern#ent aencies and the pri"ate sector efforts to
for#ulate and i#ple#ent plans and policies to strenthen the protection of
intellectual property rihts in the country.
3.0. The 2ffice shall ha"e custody of all records$ books$ drawins$ specifications$
docu#ents$ and other papers and thins relatin to intellectual property rihts
applications filed with the 2ffice. &n'
"ection 6. The !rgani$ational Structure of the IP!. - 8.). The 2ffice shall be headed by
a -irector ,eneral who shall be assisted by two &0' -eputies -irector ,eneral.
8.0. The 2ffice shall be di"ided into si% &8' 9ureaus$ each of which shall be headed by a
-irector and assisted by an Assistant -irector. These 9ureaus are:
a' The 9ureau of Patents+
b' The 9ureau of Trade#arks+
c' The 9ureau of .eal Affairs+
d' The -ocu#entation$ Infor#ation and Technoloy Transfer 9ureau+
e' The Manae#ent Infor#ation Syste# and 4-P 9ureau+ and
f' The Ad#inistrati"e$ :inancial and Personnel Ser"ices 9ureau.
8.1. The -irector ,eneral$ -eputies -irector ,eneral$ -irectors and Assistant -irectors
shall be appointed by the President$ and the other officers and e#ployees of the 2ffice by
the Secretary of Trade and Industry$ confor#ably with and under the Ci"il Ser"ice .aw.
&n'
"ection . The Director %eneral and Deputies Director %eneral. - ;.). :unctions. - The
-irector ,eneral shall e%ercise the followin powers and functions:
a' Manae and direct all functions and acti"ities of the 2ffice$ includin the
pro#ulation of rules and reulations to i#ple#ent the ob7ecti"es$ policies$ plans$
prora#s and pro7ects of the 2ffice: Pro"ided$ That in the e%ercise of the
authority to propose policies and standards in relation to the followin: &)' the
effecti"e$ efficient$ and econo#ical operations of the 2ffice re<uirin statutory
enact#ent+ &0' coordination with other aencies of o"ern#ent in relation to the
enforce#ent of intellectual property rihts+ &1' the reconition of attorneys$
aents$ or other persons representin applicants or other parties before the 2ffice+
and &(' the establish#ent of fees for the filin and processin of an application for
a patent$ utility #odel or industrial desin or #ark or a collecti"e #ark$
eoraphic indication and other #arks of ownership$ and for all other ser"ices
perfor#ed and #aterials furnished by the 2ffice$ the -irector ,eneral shall be
sub7ect to the super"ision of the Secretary of Trade and Industry+
b' 4%ercise e%clusi"e appellate 7urisdiction o"er all decisions rendered by the
-irector of .eal Affairs$ the -irector of Patents$ the -irector of Trade#arks$ and
the -irector of the -ocu#entation$ Infor#ation and Technoloy Transfer 9ureau.
The decisions of the -irector ,eneral in the e%ercise of his appellate 7urisdiction
in respect of the decisions of the -irector of Patents$ and the -irector of
Trade#arks shall be appealable to the Court of Appeals in accordance with the
*ules of Court+ and those in respect of the decisions of the -irector of
-ocu#entation$ Infor#ation and Technoloy Transfer 9ureau shall be appealable
to the Secretary of Trade and Industry+ and
c' 4%ercise oriinal 7urisdiction to resol"e disputes relatin to the ter#s of a
license in"ol"in the author=s riht to public perfor#ance or other co##unication
of his work. The decisions of the -irector ,eneral in these cases shall be
appealable to the Secretary of Trade and Industry.
;.0. >ualifications. - The -irector ,eneral and the -eputies -irector ,eneral #ust be
natural born citi!ens of the Philippines$ at least thirty-fi"e &13' years of ae on the day of
their appoint#ent$ holders of a collee deree$ and of pro"en co#petence$ interity$
probity and independence: Pro"ided$ That the -irector ,eneral and at least one &)'
-eputy -irector ,eneral shall be #e#bers of the Philippine 9ar who ha"e enaed in the
practice of law for at least ten &)?' years: Pro"ided further$ That in the selection of the
-irector ,eneral and the -eputies -irector ,eneral$ consideration shall be i"en to such
<ualifications as would result$ as far as practicable$ in the balanced representation in the
-irectorate ,eneral of the "arious fields of intellectual property.
;.1. Ter# of 2ffice. - The -irector ,eneral and the -eputies -irector ,eneral shall be
appointed by the President for a ter# of fi"e &3' years and shall be eliible for
reappoint#ent only once: Pro"ided$ That the first -irector ,eneral shall ha"e a first ter#
of se"en &;' years. Appoint#ent to any "acancy shall be only for the une%pired ter# of
the predecessor.
;.(. The 2ffice of the -irector ,eneral. - The 2ffice of the -irector ,eneral shall consist
of the -irector ,eneral and the -eputies -irector ,eneral$ their i##ediate staff and such
2ffices and Ser"ices that the -irector ,eneral will set up to support directly the 2ffice of
the -irector ,eneral. &n'
"ection 8. The Bureau of Patents. - The 9ureau of Patents shall ha"e the followin
functions:
@.). Search and e%a#ination of patent applications and the rant of patents+
@.0. *eistration of utility #odels$ industrial desins$ and interated circuits+ and
@.1. Conduct studies and researches in the field of patents in order to assist the -irector
,eneral in for#ulatin policies on the ad#inistration and e%a#ination of patents. &n'
"ection 9. The Bureau of Trademar&s. - The 9ureau of Trade#arks shall ha"e the
followin functions:
A.). Search and e%a#ination of the applications for the reistration of #arks$ eoraphic
indications and other #arks of ownership and the issuance of the certificates of
reistration+ and
A.0. Conduct studies and researches in the field of trade#arks in order to assist the
-irector ,eneral in for#ulatin policies on the ad#inistration and e%a#ination of
trade#arks. &n'
"ection 11. The Bureau of 'egal (ffairs. - The 9ureau of .eal Affairs shall ha"e the
followin functions:
)?.). Bear and decide opposition to the application for reistration of #arks+ cancellation
of trade#arks+ sub7ect to the pro"isions of Section 8($ cancellation of patents$ utility
#odels$ and industrial desins+ and petitions for co#pulsory licensin of patents+
)?.0. &a' 4%ercise oriinal 7urisdiction in ad#inistrati"e co#plaints for "iolations of laws
in"ol"in intellectual property rihts: Pro"ided$ That its 7urisdiction is li#ited to
co#plaints where the total da#aes clai#ed are not less than Two hundred thousand
pesos &P0??$???': Pro"ided further$ That a"ail#ent of the pro"isional re#edies #ay be
ranted in accordance with the *ules of Court. The -irector of .eal Affairs shall ha"e
the power to hold and punish for conte#pt all those who disreard orders or writs issued
in the course of the proceedins. &n'
&b' After for#al in"estiation$ the -irector for .eal Affairs #ay i#pose one &)'
or #ore of the followin ad#inistrati"e penalties:
&i' The issuance of a cease and desist order which shall specify the acts
that the respondent shall cease and desist fro# and shall re<uire hi# to
sub#it a co#pliance report within a reasonable ti#e which shall be fi%ed
in the order+
&ii' The acceptance of a "oluntary assurance of co#pliance or
discontinuance as #ay be i#posed. Such "oluntary assurance #ay include
one or #ore of the followin:
&)' An assurance to co#ply with the pro"isions of the intellectual
property law "iolated+
&0' An assurance to refrain fro# enain in unlawful and unfair
acts and practices sub7ect of the for#al in"estiation+
&1' An assurance to recall$ replace$ repair$ or refund the #oney
"alue of defecti"e oods distributed in co##erce+ and
&(' An assurance to rei#burse the co#plainant the e%penses and
costs incurred in prosecutin the case in the 9ureau of .eal
Affairs.
The -irector of .eal Affairs #ay also re<uire the respondent to sub#it
periodic co#pliance reports and file a bond to uarantee co#pliance of his
undertakin+
&iii' The conde#nation or sei!ure of products which are sub7ect of the
offense. The oods sei!ed hereunder shall be disposed of in such #anner
as #ay be dee#ed appropriate by the -irector of .eal Affairs$ such as by
sale$ donation to distressed local o"ern#ents or to charitable or relief
institutions$ e%portation$ recyclin into other oods$ or any co#bination
thereof$ under such uidelines as he #ay pro"ide+
&i"' The forfeiture of paraphernalia and all real and personal properties
which ha"e been used in the co##ission of the offense+
&"' The i#position of ad#inistrati"e fines in such a#ount as dee#ed
reasonable by the -irector of .eal Affairs$ which shall in no case be less
than :i"e thousand pesos &P3$???' nor #ore than 2ne hundred fifty
thousand pesos &P)3?$???'. In addition$ an additional fine of not #ore
than 2ne thousand pesos &P)$???' shall be i#posed for each day of
continuin "iolation+
&"i' The cancellation of any per#it$ license$ authority$ or reistration
which #ay ha"e been ranted by the 2ffice$ or the suspension of the
"alidity thereof for such period of ti#e as the -irector of .eal Affairs
#ay dee# reasonable which shall not e%ceed one &)' year+
&"ii' The withholdin of any per#it$ license$ authority$ or reistration
which is bein secured by the respondent fro# the 2ffice+
&"iii' The assess#ent of da#aes+
&i%' Censure+ and
&%' 2ther analoous penalties or sanctions. &Secs. 8$ ;$ @$ and A$ 4%ecuti"e
2rder Co. A)1 D)A@1Ea'
)?.1. The -irector ,eneral #ay by *eulations establish the procedure to o"ern the
i#ple#entation of this Section. &n'
"ection 11. The Documentation) Information and Technology Transfer Bureau. - The
-ocu#entation$ Infor#ation and Technoloy Transfer 9ureau shall ha"e the followin
functions:
)).). Support the search and e%a#ination acti"ities of the 2ffice throuh the followin
acti"ities:
&a' Maintain and upkeep classification syste#s whether they be national or
international such as the International Patent Classification &IPC' syste#+
&b' Pro"ide ad"isory ser"ices for the deter#ination of search patterns+
&c' Maintain search files and search roo#s and reference libraries+ and
&d' Adapt and packae industrial property infor#ation.
)).0. 4stablish networks or inter#ediaries or reional representati"es+
)).1. 4ducate the public and build awareness on intellectual property throuh the conduct
of se#inars and lectures$ and other si#ilar acti"ities+
)).(. 4stablish workin relations with research and de"elop#ent institutions as well as
with local and international intellectual property professional roups and the like+
)).3. Perfor# state-of-the-art searches+
)).8. Pro#ote the use of patent infor#ation as an effecti"e tool to facilitate the
de"elop#ent of technoloy in the country+
)).;. Pro"ide technical$ ad"isory$ and other ser"ices relatin to the licensin and
pro#otion of technoloy$ and carry out an efficient and effecti"e prora# for technoloy
transfer+ and
)).@. *eister technoloy transfer arrane#ents$ and settle disputes in"ol"in technoloy
transfer pay#ents. &n'
"ection 12. The *anagement Information Services and +DP Bureau. - The Manae#ent
Infor#ation Ser"ices and 4-P 9ureau shall:
)0.). Conduct auto#ation plannin$ research and de"elop#ent$ testin of syste#s$
contracts with fir#s$ contractin$ purchase and #aintenance of e<uip#ent$ desin and
#aintenance of syste#s$ user consultation$ and the like+ and
)0.0. Pro"ide #anae#ent infor#ation support and ser"ice to the 2ffice. &n'
"ection 13. The (dministrative) inancial and Human Resource Development Service
Bureau. - )1.). The Ad#inistrati"e Ser"ice shall: &a' Pro"ide ser"ices relati"e to
procure#ent and allocation of supplies and e<uip#ent$ transportation$ #essenerial
work$ cashierin$ pay#ent of salaries and other 2ffice=s obliations$ office #aintenance$
proper safety and security$ and other utility ser"ices+ and co#ply with o"ern#ent
reulatory re<uire#ents in the areas of perfor#ance appraisal$ co#pensation and
benefits$ e#ploy#ent records and reports+
&b' *ecei"e all applications filed with the 2ffice and collect fees therefor$ and
&c' Publish patent applications and rants$ trade#ark applications$ and reistration
of #arks$ industrial desins$ utility #odels$ eoraphic indication$ and lay-out-
desins of interated circuits reistrations.
)1.0. The Patent and Trade#ark Ad#inistration Ser"ices shall perfor# the followin
functions a#on others:
&a' Maintain reisters of assin#ents$ #erins$ licenses$ and biblioraphic on
patents and trade#arks+
&b' Collect #aintenance fees$ issue certified copies of docu#ents in its custody
and perfor# si#ilar other acti"ities+ and
&c' Bold in custody all the applications filed with the office$ and all patent rants$
certificate of reistrations issued by the office$ and the like.
)1.1. The :inancial Ser"ice shall for#ulate and #anae a financial prora# to ensure
a"ailability and proper utili!ation of funds+ pro"ide for an effecti"e #onitorin syste# of
the financial operations of the 2ffice+ and
)1.(. The Bu#an *esource -e"elop#ent Ser"ice shall desin and i#ple#ent hu#an
resource de"elop#ent plans and prora#s for the personnel of the 2ffice+ pro"ide for
present and future #anpower needs of the orani!ation+ #aintain hih #orale and
fa"orable e#ployee attitudes towards the orani!ation throuh the continuin desin and
i#ple#entation of e#ployee de"elop#ent prora#s. &n'
"ection 1/. ,se of Intellectual Property Rights ees by the IP!. - )(.). :or a #ore
effecti"e and e%peditious i#ple#entation of this Act$ the -irector ,eneral shall be
authori!ed to retain$ without need of a separate appro"al fro# any o"ern#ent aency$
and sub7ect only to the e%istin accountin and auditin rules and reulations$ all the fees$
fines$ royalties and other chares$ collected by the 2ffice under this Act and the other
laws that the 2ffice will be #andated to ad#inister$ for use in its operations$ like
upradin of its facilities$ e<uip#ent outlay$ hu#an resource de"elop#ent$ and the
ac<uisition of the appropriate office space$ a#on others$ to i#pro"e the deli"ery of its
ser"ices to the public. This a#ount$ which shall be in addition to the 2ffice=s annual
budet$ shall be deposited and #aintained in a separate account or fund$ which #ay be
used or disbursed directly by the -irector ,eneral.
)(.0. After fi"e &3' years fro# the co#in into force of this Act$ the -irector ,eneral
shall$ sub7ect to the appro"al of the Secretary of Trade and Industry$ deter#ine if the fees
and chares #entioned in Subsection )(.) hereof that the 2ffice shall collect are
sufficient to #eet its budetary re<uire#ents. If so$ it shall retain all the fees and chares
it shall collect under the sa#e conditions indicated in said Subsection )(.) but shall
forthwith$ cease to recei"e any funds fro# the annual budet of the Cational
,o"ern#ent+ if not$ the pro"isions of said Subsection )(.) shall continue to apply until
such ti#e when the -irector ,eneral$ sub7ect to the appro"al of the Secretary of Trade
and Industry$ certifies that the abo"e-stated fees and chares the 2ffice shall collect are
enouh to fund its operations. &n'
"ection 10. Special Technical and Scientific (ssistance. - The -irector ,eneral is
e#powered to obtain the assistance of technical$ scientific or other <ualified officers and
e#ployees of other depart#ents$ bureaus$ offices$ aencies and instru#entalities of the
,o"ern#ent$ includin corporations owned$ controlled or operated by the ,o"ern#ent$
when dee#ed necessary in the consideration of any #atter sub#itted to the 2ffice
relati"e to the enforce#ent of the pro"isions of this Act. &Sec. 1$ *.A. Co. )83a'
"ection 16. Seal of !ffice. - The 2ffice shall ha"e a seal$ the for# and desin of which
shall be appro"ed by the -irector ,eneral. &Sec. ($ *.A. Co. )83a'
"ection 1. Publication of 'a-s and Regulations. - The -irector ,eneral shall cause to
be printed and #ake a"ailable for distribution$ pa#phlet copies of this Act$ other
pertinent laws$ e%ecuti"e orders and infor#ation circulars relatin to #atters within the
7urisdiction of the 2ffice. &Sec. 3$ *.A. Co. )83a'
"ection 18. The IP! %a$ette. - All #atters re<uired to be published under this Act shall
be published in the 2ffice=s own publication to be known as the IP2 ,a!ette. &n'
"ection 19. Dis.ualification of !fficers and +mployees of the !ffice. - All officers and
e#ployees of the 2ffice shall not apply or act as an attorney or patent aent of an
application for a rant of patent$ for the reistration of a utility #odel$ industrial desin or
#ark nor ac<uire$ e%cept by hereditary succession$ any patent or utility #odel$ desin
reistration$ or #ark or any riht$ title or interest therein durin their e#ploy#ent and for
one &)' year thereafter. &Sec. ;;$ *.A. Co. )83a'
PART ##
T&! 'A. )N PAT!NT"
C&APT!R #
%!N!RA' PR)-#"#)N"
"ection 21. Definition of Terms ,sed in Part II) The 'a- on Patents. - As used in Part II$
the followin ter#s shall ha"e the followin #eanins:
0?.). "9ureau" #eans the 9ureau of Patents$
0?.0. "-irector" #eans the -irector of Patents+
0?.1. "*eulations" #eans the *ules of Practice in Patent Cases for#ulated by the
-irector of Patents and pro#ulated by the -irector ,eneral+
0?.(. "4%a#iner" #eans the patent e%a#iner+
0?.3. "Patent application" or "application" #eans an application for a patent for an
in"ention e%cept in Chapters 5II and 5III$ where "application" #eans an
application for a utility #odel and an industrial desin$ respecti"ely+ and
0?.8. "Priority date" #eans the date of filin of the forein application for the
sa#e in"ention referred to in Section 1) of this Act. &n'
C&APT!R ##
PAT!NTA$#'#T*
"ection 21. Patentable Inventions. - Any technical solution of a proble# in any field of
hu#an acti"ity which is new$ in"ol"es an in"enti"e step and is industrially applicable
shall be Patentable. It #ay be$ or #ay relate to$ a product$ or process$ or an i#pro"e#ent
of any of the foreoin. &Sec. ;$ *.A. Co. )83a'
"ection 22. /on0Patentable Inventions. - The followin shall be e%cluded fro# patent
protection:
00.). -isco"eries$ scientific theories and #athe#atical #ethods+
00.0. Sche#es$ rules and #ethods of perfor#in #ental acts$ playin a#es or doin
business$ and prora#s for co#puters+
00.1. Methods for treat#ent of the hu#an or ani#al body by surery or therapy and
dianostic #ethods practiced on the hu#an or ani#al body. This pro"ision shall not
apply to products and co#position for use in any of these #ethods+
00.(. Plant "arieties or ani#al breeds or essentially bioloical process for the production
of plants or ani#als. This pro"ision shall not apply to #icro-oranis#s and non-
bioloical and #icrobioloical processes.
Pro"isions under this subsection shall not preclude Conress to consider the enact#ent of
a law pro"idin sui eneris protection of plant "arieties and ani#al breeds and a syste#
of co##unity intellectual rihts protection:
00.3. Aesthetic creations+ and
00.8. Anythin which is contrary to public order or #orality. &Sec. @$ *.A. Co. )83a'
"ection 23. /ovelty. . - An in"ention shall not be considered new if it for#s part of a
prior art. &Sec. A$ *.A. Co. )83a'
"ection 2/. Prior (rt. - Prior art shall consist of:
0(.). 4"erythin which has been #ade a"ailable to the public anywhere in the world$
before the filin date or the priority date of the application clai#in the in"ention+ and
0(.0. The whole contents of an application for a patent$ utility #odel$ or industrial desin
reistration$ published in accordance with this Act$ filed or effecti"e in the Philippines$
with a filin or priority date that is earlier than the filin or priority date of the
application: Pro"ided$ That the application which has "alidly clai#ed the filin date of an
earlier application under Section 1) of this Act$ shall be prior art with effect as of the
filin date of such earlier application: Pro"ided further$ That the applicant or the in"entor
identified in both applications are not one and the sa#e. &Sec. A$ *.A. Co. )83a'
"ection 20. /on0Pre1udicial Disclosure. . - 03.). The disclosure of infor#ation contained
in the application durin the twel"e &)0' #onths precedin the filin date or the priority
date of the application shall not pre7udice the applicant on the round of lack of no"elty if
such disclosure was #ade by:
&a' The in"entor+
&b' A patent office and the infor#ation was contained &a' in another application
filed by the in"entor and should not ha"e been disclosed by the office$ or &b' in an
application filed without the knowlede or consent of the in"entor by a third party
which obtained the infor#ation directly or indirectly fro# the in"entor+ or
&c' A third party which obtained the infor#ation directly or indirectly fro# the
in"entor.
03.0. :or the purposes of Subsection 03.)$ "in"entor" also #eans any person who$ at the
filin date of application$ had the riht to the patent. &n'
"ection 26. Inventive Step. - An in"ention in"ol"es an in"enti"e step if$ ha"in reard to
prior art$ it is not ob"ious to a person skilled in the art at the ti#e of the filin date or
priority date of the application clai#in the in"ention. &n'
"ection 2. Industrial (pplicability. - An in"ention that can be produced and used in any
industry shall be industrially applicable. &n'
C&APT!R ###
R#%&T T) A PAT!NT
"ection 28. Right to a Patent. - The riht to a patent belons to the in"entor$ his heirs$ or
assins. Fhen two &0' or #ore persons ha"e 7ointly #ade an in"ention$ the riht to a
patent shall belon to the# 7ointly. &Sec. )?$ *.A. Co. )83a'
"ection 29. irst to ile Rule. - If two &0' or #ore persons ha"e #ade the in"ention
separately and independently of each other$ the riht to the patent shall belon to the
person who filed an application for such in"ention$ or where two or #ore applications are
filed for the sa#e in"ention$ to the applicant who has the earliest filin date or$ the
earliest priority date. &1rd sentence$ Sec. )?$ *.A. Co. )83a.'
"ection 31. Inventions Created Pursuant to a Commission. - 1?.). The person who
co##issions the work shall own the patent$ unless otherwise pro"ided in the contract.
1?.0. In case the e#ployee #ade the in"ention in the course of his e#ploy#ent contract$
the patent shall belon to:
&a' The e#ployee$ if the in"enti"e acti"ity is not a part of his reular duties e"en if
the e#ployee uses the ti#e$ facilities and #aterials of the e#ployer.
&b' The e#ployer$ if the in"ention is the result of the perfor#ance of his reularly-
assined duties$ unless there is an aree#ent$ e%press or i#plied$ to the contrary.
&n'
"ection 31. Right of Priority. . - An application for patent filed by any person who has
pre"iously applied for the sa#e in"ention in another country which by treaty$ con"ention$
or law affords si#ilar pri"ilees to :ilipino citi!ens$ shall be considered as filed as of the
date of filin the forein application: Pro"ided$ That: &a' the local application e%pressly
clai#s priority+ &b' it is filed within twel"e &)0' #onths fro# the date the earliest forein
application was filed+ and &c' a certified copy of the forein application toether with an
4nlish translation is filed within si% &8' #onths fro# the date of filin in the Philippines.
&Sec. )3$ *.A. Co. )83a'
C&APT!R #-
PAT!NT APP'#CAT#)N
"ection 32. The (pplication. - 10.). The patent application shall be in :ilipino or 4nlish
and shall contain the followin:
&a' A re<uest for the rant of a patent+
&b' A description of the in"ention+
&c' -rawins necessary for the understandin of the in"ention+
&d' 2ne or #ore clai#s+ and
&e' An abstract.
10.0. Co patent #ay be ranted unless the application identifies the in"entor. If the
applicant is not the in"entor$ the 2ffice #ay re<uire hi# to sub#it said authority. &Sec.
)1$ *.A. Co. )83a'
"ection 33. (ppointment of (gent or Representative. - An applicant who is not a resident
of the Philippines #ust appoint and #aintain a resident aent or representati"e in the
Philippines upon who# notice or process for 7udicial or ad#inistrati"e procedure relatin
to the application for patent or the patent #ay be ser"ed. &Sec. ))$ *.A. Co. )83a'
"ection 3/. The Re.uest. - The re<uest shall contain a petition for the rant of the patent$
the na#e and other data of the applicant$ the in"entor and the aent and the title of the
in"ention. &n'
"ection 30. Disclosure and Description of the Invention. - 13.). -isclosure. - The
application shall disclose the in"ention in a #anner sufficiently clear and co#plete for it
to be carried out by a person skilled in the art. Fhere the application concerns a
#icrobioloical process or the product thereof and in"ol"es the use of a #icro-oranis#
which cannot be sufficiently disclosed in the application in such a way as to enable the
in"ention to be carried out by a person skilled in the art$ and such #aterial is not a"ailable
to the public$ the application shall be supple#ented by a deposit of such #aterial with an
international depository institution.
13.0. -escription. - The *eulations shall prescribe the contents of the description and
the order of presentation. &Sec. )($ *.A. Co. )83a'
"ection 36. The Claims. - 18.). The application shall contain one &)' or #ore clai#s
which shall define the #atter for which protection is souht. 4ach clai# shall be clear
and concise$ and shall be supported by the description.
18.0. The *eulations shall prescribe the #anner of the presentation of clai#s. &n'
"ection 3. The (bstract. - The abstract shall consist of a concise su##ary of the
disclosure of the in"ention as contained in the description$ clai#s and drawins in
preferably not #ore than one hundred fifty &)3?' words. It #ust be drafted in a way
which allows the clear understandin of the technical proble#$ the ist of the solution of
that proble# throuh the in"ention$ and the principal use or uses of the in"ention. The
abstract shall #erely ser"e for technical infor#ation. &n'
"ection 38. ,nity of Invention. - 1@.). The application shall relate to one in"ention only
or to a roup of in"entions for#in a sinle eneral in"enti"e concept.
1@.0. If se"eral independent in"entions which do not for# a sinle eneral in"enti"e
concept are clai#ed in one application$ the -irector #ay re<uire that the application be
restricted to a sinle in"ention. A later application filed for an in"ention di"ided out shall
be considered as ha"in been filed on the sa#e day as the first application: Pro"ided$
That the later application is filed within four &(' #onths after the re<uire#ent to di"ide
beco#es final or within such additional ti#e$ not e%ceedin four &(' #onths$ as #ay be
ranted: Pro"ided further$ That each di"isional application shall not o beyond the
disclosure in the initial application.
1@.1. The fact that a patent has been ranted on an application that did not co#ply with
the re<uire#ent of unity of in"ention shall not be a round to cancel the patent. &Sec. );$
*.A. Co. )83a'
"ection 39. Information Concerning Corresponding oreign (pplication for Patents. -
The applicant shall$ at the re<uest of the -irector$ furnish hi# with the date and nu#ber
of any application for a patent filed by hi# abroad$ hereafter referred to as the "forein
application$" relatin to the sa#e or essentially the sa#e in"ention as that clai#ed in the
application filed with the 2ffice and other docu#ents relatin to the forein application.
&n'
C&APT!R -
PR)C!+(R! ,)R %RANT ), PAT!NT
"ection /1. iling Date Re.uirements. - (?.). The filin date of a patent application shall
be the date of receipt by the 2ffice of at least the followin ele#ents:
&a' An e%press or i#plicit indication that a Philippine patent is souht+
&b' Infor#ation identifyin the applicant+ and
&c' -escription of the in"ention and one &)' or #ore clai#s in :ilipino or 4nlish.
(?.0. If any of these ele#ents is not sub#itted within the period set by the *eulations$
the application shall be considered withdrawn. &n'
"ection /1. (ccording a iling Date. - The 2ffice shall e%a#ine whether the patent
application satisfies the re<uire#ents for the rant of date of filin as pro"ided in Section
(? hereof. If the date of filin cannot be accorded$ the applicant shall be i"en an
opportunity to correct the deficiencies in accordance with the i#ple#entin *eulations.
If the application does not contain all the ele#ents indicated in Section (?$ the filin date
should be that date when all the ele#ents are recei"ed. If the deficiencies are not
re#edied within the prescribed ti#e li#it$ the application shall be considered withdrawn.
&n'
"ection /2. ormality +2amination. - (0.). After the patent application has been
accorded a filin date and the re<uired fees ha"e been paid on ti#e in accordance with
the *eulations$ the applicant shall co#ply with the for#al re<uire#ents specified by
Section 10 and the *eulations within the prescribed period$ otherwise the application
shall be considered withdrawn.
(0.0. The *eulations shall deter#ine the procedure for the re-e%a#ination and re"i"al of
an application as well as the appeal to the -irector of Patents fro# any final action by the
e%a#iner. &Sec. )8$ *.A. Co. )83a'
"ection /3. Classification and Search. - An application that has co#plied with the for#al
re<uire#ents shall be classified and a search conducted to deter#ine the prior art. &n'
"ection //. Publication of Patent (pplication. - ((.). The patent application shall be
published in the IP2 ,a!ette toether with a search docu#ent established by or on behalf
of the 2ffice citin any docu#ents that reflect prior art$ after the e%piration of eihteen
& )@' #onths fro# the filin date or priority date.
((.0. After publication of a patent application$ any interested party #ay inspect the
application docu#ents filed with the 2ffice.
((.1. The -irector ,eneral sub7ect to the appro"al of the Secretary of Trade and Industry$
#ay prohibit or restrict the publication of an application$ if in his opinion$ to do so would
be pre7udicial to the national security and interests of the *epublic of the Philippines. &n'
"ection /0. Confidentiality Before Publication. - A patent application$ which has not yet
been published$ and all related docu#ents$ shall not be #ade a"ailable for inspection
without the consent of the applicant. &n'
"ection /6. Rights Conferred by a Patent (pplication (fter Publication. - The applicant
shall ha"e all the rihts of a patentee under Section ;8 aainst any person who$ without
his authori!ation$ e%ercised any of the rihts conferred under Section ;) of this Act in
relation to the in"ention clai#ed in the published patent application$ as if a patent had
been ranted for that in"ention: Pro"ided$ That the said person had:
(8.). Actual knowlede that the in"ention that he was usin was the sub7ect #atter of a
published application+ or
(8.0. *ecei"ed written notice that the in"ention that he was usin was the sub7ect #atter
of a published application bein identified in the said notice by its serial nu#ber:
Pro"ided$ That the action #ay not be filed until after the rant of a patent on the
published application and within four &(' years fro# the co##ission of the acts
co#plained of. &n'
"ection /. !bservation by Third Parties. - :ollowin the publication of the patent
application$ any person #ay present obser"ations in writin concernin the patentability
of the in"ention. Such obser"ations shall be co##unicated to the applicant who #ay
co##ent on the#. The 2ffice shall acknowlede and put such obser"ations and co##ent
in the file of the application to which it relates. &n'
"ection /8. Re.uest for Substantive +2amination. - (@.). The application shall be dee#ed
withdrawn unless within si% &8' #onths fro# the date of publication under Section ()$ a
written re<uest to deter#ine whether a patent application #eets the re<uire#ents of
Sections 0) to 0; and Sections 10 to 1A and the fees ha"e been paid on ti#e.
(@.0. Fithdrawal of the re<uest for e%a#ination shall be irre"ocable and shall not
authori!e the refund of any fee. &n'
"ection /9. (mendment of (pplication. - An applicant #ay a#end the patent application
durin e%a#ination: Pro"ided$ That such a#end#ent shall not include new #atter outside
the scope of the disclosure contained in the application as filed. &n'
"ection 01. %rant of Patent. - 3?.). If the application #eets the re<uire#ents of this Act$
the 2ffice shall rant the patent: Pro"ided$ That all the fees are paid on ti#e.
3?.0. If the re<uired fees for rant and printin are not paid in due ti#e$ the application
shall be dee#ed to be withdrawn.
3?.1. A patent shall take effect on the date of the publication of the rant of the patent in
the IP2 ,a!ette. &Sec. )@$ *.A. Co. )83a'
"ection 01. Refusal of the (pplication. - 3).). The final order of refusal of the e%a#iner
to rant the patent shall be appealable to the -irector in accordance with this Act.
3).0. The *eulations shall pro"ide for the procedure by which an appeal fro# the order
of refusal fro# the -irector shall be undertaken. &n'
"ection 02. Publication ,pon %rant of Patent. - 30.). The rant of the patent toether
with other related infor#ation shall be published in the IP2 ,a!ette within the ti#e
prescribed by the *eulations.
30.0. Any interested party #ay inspect the co#plete description$ clai#s$ and drawins of
the patent on file with the 2ffice. &Sec. )@$ *.A. Co. )83a'
"ection 03. Contents of Patent. - The patent shall be issued in the na#e of the *epublic
of the Philippines under the seal of the 2ffice and shall be sined by the -irector$ and
reistered toether with the description$ clai#s$ and drawins$ if any$ in books and
records of the 2ffice. &Secs. )A and 0?$ *.A. Co. )83a'
"ection 0/. Term of Patent. - The ter# of a patent shall be twenty &0?' years fro# the
filin date of the application. &Sec. 0)$ *.A. Co. )83a'
"ection 00. (nnual ees. - 33.). To #aintain the patent application or patent$ an annual
fee shall be paid upon the e%piration of four &(' years fro# the date the application was
published pursuant to Section (( hereof$ and on each subse<uent anni"ersary of such
date. Pay#ent #ay be #ade within three &1' #onths before the due date. The obliation
to pay the annual fees shall ter#inate should the application be withdrawn$ refused$ or
cancelled.
33.0. If the annual fee is not paid$ the patent application shall be dee#ed withdrawn or
the patent considered as lapsed fro# the day followin the e%piration of the period within
which the annual fees were due. A notice that the application is dee#ed withdrawn or the
lapse of a patent for non-pay#ent of any annual fee shall be published in the IP2 ,a!ette
and the lapse shall be recorded in the *eister of the 2ffice.
33.1. A race period of si% &8' #onths shall be ranted for the pay#ent of the annual fee$
upon pay#ent of the prescribed surchare for delayed pay#ent. &Sec. 00$ *.A. Co. )83a'
"ection 06. Surrender of Patent. - 38.). The owner of the patent$ with the consent of all
persons ha"in rants or licenses or other riht$ title or interest in and to the patent and
the in"ention co"ered thereby$ which ha"e been recorded in the 2ffice$ #ay surrender his
patent or any clai# or clai#s for#in part thereof to the 2ffice for cancellation.
38.0. A person #ay i"e notice to the 2ffice of his opposition to the surrender of a patent
under this section$ and if he does so$ the 9ureau shall notify the proprietor of the patent
and deter#ine the <uestion.
38.1. If the 2ffice is satisfied that the patent #ay properly be surrendered$ he #ay accept
the offer and$ as fro# the day when notice of his acceptance is published in the IP2
,a!ette$ the patent shall cease to ha"e effect$ but no action for infrine#ent shall lie and
no riht co#pensation shall accrue for any use of the patented in"ention before that day
for the ser"ices of the o"ern#ent. &Sec. 0($ *.A. Co. )83a'
"ection 0. Correction of *ista&es of the !ffice. - The -irector shall ha"e the power to
correct$ without fee$ any #istake in a patent incurred throuh the fault of the 2ffice when
clearly disclosed in the records thereof$ to #ake the patent confor# to the records. &Sec.
03$ *.A. Co. )83'
"ection 08. Correction of *ista&e in the (pplication. - 2n re<uest of any interested
person and pay#ent of the prescribed fee$ the -irector is authori!ed to correct any
#istake in a patent of a for#al and clerical nature$ not incurred throuh the fault of the
2ffice. &Sec. 08$ *.A. Co. )83a'
"ection 09. Changes in Patents. - 3A.). The owner of a patent shall ha"e the riht to
re<uest the 9ureau to #ake the chanes in the patent in order to:
&a' .i#it the e%tent of the protection conferred by it+
&b' Correct ob"ious #istakes or to correct clerical errors+ and
&c' Correct #istakes or errors$ other than those referred to in letter &b'$ #ade in
ood faith: Pro"ided$ That where the chane would result in a broadenin of the
e%tent of protection conferred by the patent$ no re<uest #ay be #ade after the
e%piration of two &0' years fro# the rant of a patent and the chane shall not
affect the rihts of any third party which has relied on the patent$ as published.
3A.0. Co chane in the patent shall be per#itted under this section$ where the chane
would result in the disclosure contained in the patent oin beyond the disclosure
contained in the application filed.
3A.1. If$ and to the e%tent to which the 2ffice chanes the patent accordin to this section$
it shall publish the sa#e. &n'
"ection 61. orm and Publication of (mendment. - An a#end#ent or correction of a
patent shall be acco#plished by a certificate of such a#end#ent or correction$
authenticated by the seal of the 2ffice and sined by the -irector$ which certificate shall
be attached to the patent. Cotice of such a#end#ent or correction shall be published in
the IP2 ,a!ette and copies of the patent kept or furnished by the 2ffice shall include a
copy of the certificate of a#end#ent or correction. &Sec. 0;$ *.A. Co. )83'
C&APT!R -#
CANC!''AT#)N ), PAT!NT" AN+ "($"T#T(T#)N ), PAT!NT!!
"ection 61. Cancellation of Patents. - 8).). Any interested person #ay$ upon pay#ent of
the re<uired fee$ petition to cancel the patent or any clai# thereof$ or parts of the clai#$
on any of the followin rounds:
&a' That what is clai#ed as the in"ention is not new or Patentable+
&b' That the patent does not disclose the in"ention in a #anner sufficiently clear
and co#plete for it to be carried out by any person skilled in the art+ or
&c' That the patent is contrary to public order or #orality.
8).0. Fhere the rounds for cancellation relate to so#e of the clai#s or parts of the
clai#$ cancellation #ay be effected to such e%tent only. &Secs. 0@ and 0A$ *.A. Co. )83a'
"ection 62. Re.uirement of the Petition. - The petition for cancellation shall be in
writin$ "erified by the petitioner or by any person in his behalf who knows the facts$
specify the rounds upon which it is based$ include a state#ent of the facts to be relied
upon$ and filed with the 2ffice. Copies of printed publications or of patents of other
countries$ and other supportin docu#ents #entioned in the petition shall be attached
thereto$ toether with the translation thereof in 4nlish$ if not in the 4nlish lanuae.
&Sec. 1?$ *.A. Co. )83'
"ection 63. /otice of Hearing. - /pon filin of a petition for cancellation$ the -irector of
.eal Affairs shall forthwith ser"e notice of the filin thereof upon the patentee and all
persons ha"in rants or licenses$ or any other riht$ title or interest in and to the patent
and the in"ention co"ered thereby$ as appears of record in the 2ffice$ and of notice of the
date of hearin thereon on such persons and the petitioner. Cotice of the filin of the
petition shall be published in the IP2 ,a!ette. &Sec. 1)$ *.A. Co. )83a'
"ection 6/. Committee of Three. - In cases in"ol"in hihly technical issues$ on #otion
of any party$ the -irector of .eal Affairs #ay order that the petition be heard and
decided by a co##ittee co#posed of the -irector of .eal Affairs as chair#an and two
&0' #e#bers who ha"e the e%perience or e%pertise in the field of technoloy to which the
patent souht to be cancelled relates. The decision of the co##ittee shall be appealable to
the -irector ,eneral. &n'
"ection 60. Cancellation of the Patent. - 83.). If the Co##ittee finds that a case for
cancellation has been pro"ed$ it shall order the patent or any specified clai# or clai#s
thereof cancelled.
83.0. If the Co##ittee finds that$ takin into consideration the a#end#ent #ade by the
patentee durin the cancellation proceedins$ the patent and the in"ention to which it
relates #eet the re<uire#ent of this Act$ it #ay decide to #aintain the patent as a#ended:
Pro"ided$ That the fee for printin of a new patent is paid within the ti#e li#it prescribed
in the *eulations.
83.1. If the fee for the printin of a new patent is not paid in due ti#e$ the patent should
be re"oked.
83.(. If the patent is a#ended under Subsection 83.0 hereof$ the 9ureau shall$ at the sa#e
ti#e as it publishes the #ention of the cancellation decision$ publish the abstract$
representati"e clai#s and drawins indicatin clearly what the a#end#ents consist of.
&n'
"ection 66. +ffect of Cancellation of Patent or Claim. - The rihts conferred by the
patent or any specified clai# or clai#s cancelled shall ter#inate. Cotice of the
cancellation shall be published in the IP2 ,a!ette. /nless restrained by the -irector
,eneral$ the decision or order to cancel by -irector of .eal Affairs shall be i##ediately
e%ecutory e"en pendin appeal. &Sec. 10$ *.A. Co. )83a'
C&APT!R -##
R!2!+#!" ), A P!R")N .#T& A R#%&T T) A PAT!NT
"ection 6. Patent (pplication by Persons /ot Having the Right to a Patent. . - 8;.). If a
person referred to in Section 0A other than the applicant$ is declared by final court order
or decision as ha"in the riht to the patent$ such person #ay$ within three &1' #onths
after the decision has beco#e final:
&a' Prosecute the application as his own application in place of the applicant+
&b' :ile a new patent application in respect of the sa#e in"ention+
&c' *e<uest that the application be refused+ or
&d' Seek cancellation of the patent$ if one has already been issued.
8;.0. The pro"isions of Subsection 1@.0 shall apply #utatis #utandis to a new application
filed under Subsection 8;. )&b'. &n'
"ection 68. Remedies of the True and (ctual Inventor. - If a person$ who was depri"ed of
the patent without his consent or throuh fraud is declared by final court order or decision
to be the true and actual in"entor$ the court shall order for his substitution as patentee$ or
at the option of the true in"entor$ cancel the patent$ and award actual and other da#aes
in his fa"or if warranted by the circu#stances. &Sec. 11$ *.A. Co. )83a'
"ection 69. Publication of the Court !rder. - The court shall furnish the 2ffice a copy of
the order or decision referred to in Sections 8; and 8@$ which shall be published in the
IP2 ,a!ette within three &1' #onths fro# the date such order or decision beca#e final
and e%ecutory$ and shall be recorded in the reister of the 2ffice. &n'
"ection 1. Time to ile (ction in Court. - The actions indicated in Sections 8; and 8@
shall be filed within one &)' year fro# the date of publication #ade in accordance with
Sections (( and 3)$ respecti"ely. &n'
C&APT!R -###
R#%&T" ), PAT!NT!!" AN+ #N,R#N%!2!NT ), PAT!NT"
"ection 1. Rights Conferred by Patent. - ;).). A patent shall confer on its owner the
followin e%clusi"e rihts:
&a' Fhere the sub7ect #atter of a patent is a product$ to restrain$ prohibit and
pre"ent any unauthori!ed person or entity fro# #akin$ usin$ offerin for sale$
sellin or i#portin that product+
&b' Fhere the sub7ect #atter of a patent is a process$ to restrain$ pre"ent or
prohibit any unauthori!ed person or entity fro# usin the process$ and fro#
#anufacturin$ dealin in$ usin$ sellin or offerin for sale$ or i#portin any
product obtained directly or indirectly fro# such process.
;).0. Patent owners shall also ha"e the riht to assin$ or transfer by succession the
patent$ and to conclude licensin contracts for the sa#e. &Sec. 1;$ *.A. Co. )83a'
"ection 2. 'imitations of Patent Rights. - The owner of a patent has no riht to pre"ent
third parties fro# perfor#in$ without his authori!ation$ the acts referred to in Section ;)
hereof in the followin circu#stances:
;0.). /sin a patented product which has been put on the #arket in the Philippines by the
owner of the product$ or with his e%press consent$ insofar as such use is perfor#ed after
that product has been so put on the said #arket+
;0.0. Fhere the act is done pri"ately and on a non-co##ercial scale or for a non-
co##ercial purpose: Pro"ided$ That it does not sinificantly pre7udice the econo#ic
interests of the owner of the patent+
;0.1. Fhere the act consists of #akin or usin e%clusi"ely for the purpose of
e%peri#ents that relate to the sub7ect #atter of the patented in"ention+
;0.(. Fhere the act consists of the preparation for indi"idual cases$ in a phar#acy or by a
#edical professional$ of a #edicine in accordance with a #edical prescription or acts
concernin the #edicine so prepared+
;0.3. Fhere the in"ention is used in any ship$ "essel$ aircraft$ or land "ehicle of any other
country enterin the territory of the Philippines te#porarily or accidentally: Pro"ided$
That such in"ention is used e%clusi"ely for the needs of the ship$ "essel$ aircraft$ or land
"ehicle and not used for the #anufacturin of anythin to be sold within the Philippines.
&Secs. 1@ and 1A$ *.A. Co. )83a'
"ection 3. Prior ,ser. - ;1.). Cotwithstandin Section ;0 hereof$ any prior user$ who$
in ood faith was usin the in"ention or has undertaken serious preparations to use the
in"ention in his enterprise or business$ before the filin date or priority date of the
application on which a patent is ranted$ shall ha"e the riht to continue the use thereof
as en"isaed in such preparations within the territory where the patent produces its effect.
;1.0. The riht of the prior user #ay only be transferred or assined toether with his
enterprise or business$ or with that part of his enterprise or business in which the use or
preparations for use ha"e been #ade. &Sec. (?$ *.A. Co. )83a'
"ection /. ,se of Invention by %overnment. - ;(.). A ,o"ern#ent aency or third
person authori!ed by the ,o"ern#ent #ay e%ploit the in"ention e"en without aree#ent
of the patent owner where:
&a' The public interest$ in particular$ national security$ nutrition$ health or the
de"elop#ent of other sectors$ as deter#ined by the appropriate aency of the
o"ern#ent$ so re<uires+ or
&b' A 7udicial or ad#inistrati"e body has deter#ined that the #anner of
e%ploitation$ by the owner of the patent or his licensee is anti-co#petiti"e.
;(.0. The use by the ,o"ern#ent$ or third person authori!ed by the ,o"ern#ent shall be
sub7ect$ #utatis #utandis$ to the conditions set forth in Sections A3 to A; and )?? to )?0.
&Sec. ()$ *.A. Co. )83a'
"ection 0. +2tent of Protection and Interpretation of Claims. - ;3.). The e%tent of
protection conferred by the patent shall be deter#ined by the clai#s$ which are to be
interpreted in the liht of the description and drawins.
;3.0. :or the purpose of deter#inin the e%tent of protection conferred by the patent$ due
account shall be taken of ele#ents which are e<ui"alent to the ele#ents e%pressed in the
clai#s$ so that a clai# shall be considered to co"er not only all the ele#ents as e%pressed
therein$ but also e<ui"alents. &n'
"ection 6. Civil (ction for Infringement. - ;8.). The #akin$ usin$ offerin for sale$
sellin$ or i#portin a patented product or a product obtained directly or indirectly fro# a
patented process$ or the use of a patented process without the authori!ation of the
patentee constitutes patent infrine#ent.
;8.0. Any patentee$ or anyone possessin any riht$ title or interest in and to the patented
in"ention$ whose rihts ha"e been infrined$ #ay brin a ci"il action before a court of
co#petent 7urisdiction$ to reco"er fro# the infriner such da#aes sustained thereby$
plus attorney=s fees and other e%penses of litiation$ and to secure an in7unction for the
protection of his rihts.
;8.1. If the da#aes are inade<uate or cannot be readily ascertained with reasonable
certainty$ the court #ay award by way of da#aes a su# e<ui"alent to reasonable royalty.
;8.(. The court #ay$ accordin to the circu#stances of the case$ award da#aes in a su#
abo"e the a#ount found as actual da#aes sustained: Pro"ided$ That the award does not
e%ceed three &1' ti#es the a#ount of such actual da#aes.
;8.3. The court #ay$ in its discretion$ order that the infrinin oods$ #aterials and
i#ple#ents predo#inantly used in the infrine#ent be disposed of outside the channels
of co##erce or destroyed$ without co#pensation.
;8.8. Anyone who acti"ely induces the infrine#ent of a patent or pro"ides the infriner
with a co#ponent of a patented product or of a product produced because of a patented
process knowin it to be especially adopted for infrinin the patented in"ention and not
suitable for substantial non-infrinin use shall be liable as a contributory infriner and
shall be 7ointly and se"erally liable with the infriner. &Sec. (0$ *.A. Co. )83a'
"ection . Infringement (ction by a oreign /ational. - Any forein national or
7uridical entity who #eets the re<uire#ents of Section 1 and not enaed in business in
the Philippines$ to which a patent has been ranted or assined under this Act$ #ay brin
an action for infrine#ent of patent$ whether or not it is licensed to do business in the
Philippines under e%istin law. &Sec. ()-A$ *.A. Co. )83a'
"ection 8. Process Patents3 Burden of Proof . - If the sub7ect #atter of a patent is a
process for obtainin a product$ any identical product shall be presu#ed to ha"e been
obtained throuh the use of the patented process if the product is new or there is
substantial likelihood that the identical product was #ade by the process and the owner of
the patent has been unable despite reasonable efforts$ to deter#ine the process actually
used. In orderin the defendant to pro"e that the process to obtain the identical product is
different fro# the patented process$ the court shall adopt #easures to protect$ as far as
practicable$ his #anufacturin and business secrets. &n'
"ection 9. 'imitation of (ction for Damages. - Co da#aes can be reco"ered for acts of
infrine#ent co##itted #ore than four &(' years before the institution of the action for
infrine#ent. &Sec. (1$ *.A. Co. )83'
"ection 81. Damages) Re.uirement of /otice. - -a#aes cannot be reco"ered for acts of
infrine#ent co##itted before the infriner had known$ or had reasonable rounds to
know of the patent. It is presu#ed that the infriner had known of the patent if on the
patented product$ or on the container or packae in which the article is supplied to the
public$ or on the ad"ertisin #aterial relatin to the patented product or process$ are
placed the words "Philippine Patent" with the nu#ber of the patent. &Sec. (($ *.A. Co.
)83a'
"ection 81. Defenses in (ction for Infringement. - In an action for infrine#ent$ the
defendant$ in addition to other defenses a"ailable to hi#$ #ay show the in"alidity of the
patent$ or any clai# thereof$ on any of the rounds on which a petition of cancellation can
be brouht under Section 8) hereof. &Sec. (3$ *.A. Co. )83'
"ection 82. Patent ound Invalid *ay be Cancelled. - In an action for infrine#ent$ if
the court shall find the patent or any clai# to be in"alid$ it shall cancel the sa#e$ and the
-irector of .eal Affairs upon receipt of the final 7ud#ent of cancellation by the court$
shall record that fact in the reister of the 2ffice and shall publish a notice to that effect
in the IP2 ,a!ette. &Sec. (8$ *.A. Co. )83a'
"ection 83. (ssessor in Infringement (ction. - @1.). Two &0' or #ore assessors #ay be
appointed by the court. The assessors shall be possessed of the necessary scientific and
technical knowlede re<uired by the sub7ect #atter in litiation. 4ither party #ay
challene the fitness of any assessor proposed for appoint#ent.
@1.0. 4ach assessor shall recei"e a co#pensation in an a#ount to be fi%ed by the court
and ad"anced by the co#plainin party$ which shall be awarded as part of his costs
should he pre"ail in the action. &Sec. (;$ *.A. Co. )83a'
"ection 8/. Criminal (ction for Repetition of Infringement. - If infrine#ent is repeated
by the infriner or by anyone in conni"ance with hi# after finality of the 7ud#ent of the
court aainst the infriner$ the offenders shall$ without pre7udice to the institution of a
ci"il action for da#aes$ be cri#inally liable therefor and$ upon con"iction$ shall suffer
i#prison#ent for the period of not less than si% &8' #onths but not #ore than three &1'
years andGor a fine of not less than 2ne hundred thousand pesos &P)??$???' but not #ore
than Three hundred thousand pesos &P1??$???'$ at the discretion of the court. The
cri#inal action herein pro"ided shall prescribe in three &1' years fro# date of the
co##ission of the cri#e. &Sec. (@$ *.A. Co. )83a'
C&APT!R #3
-)'(NTAR* '#C!N"#N%
"ection 80. 4oluntary 'icense Contract. - To encourae the transfer and disse#ination of
technoloy$ pre"ent or control practices and conditions that #ay in particular cases
constitute an abuse of intellectual property rihts ha"in an ad"erse effect on co#petition
and trade$ all technoloy transfer arrane#ents shall co#ply with the pro"isions of this
Chapter. &n'
"ection 86. 5urisdiction to Settle Disputes on Royalties. - The -irector of the
-ocu#entation$ Infor#ation and Technoloy Transfer 9ureau shall e%ercise <uasi-
7udicial 7urisdiction in the settle#ent of disputes between parties to a technoloy transfer
arrane#ent arisin fro# technoloy transfer pay#ents$ includin the fi%in of
appropriate a#ount or rate of royalty. &n'
"ection 8. Prohibited Clauses. - 4%cept in cases under Section A)$ the followin
pro"isions shall be dee#ed pri#a facie to ha"e an ad"erse effect on co#petition and
trade:
@;.). Those which i#pose upon the licensee the obliation to ac<uire fro# a specific
source capital oods$ inter#ediate products$ raw #aterials$ and other technoloies$ or of
per#anently e#ployin personnel indicated by the licensor+
@;.0. Those pursuant to which the licensor reser"es the riht to fi% the sale or resale
prices of the products #anufactured on the basis of the license+
@;.1. Those that contain restrictions reardin the "olu#e and structure of production+
@;.(. Those that prohibit the use of co#petiti"e technoloies in a non-e%clusi"e
technoloy transfer aree#ent+
@;.3. Those that establish a full or partial purchase option in fa"or of the licensor+
@;.8. Those that obliate the licensee to transfer for free to the licensor the in"entions or
i#pro"e#ents that #ay be obtained throuh the use of the licensed technoloy+
@;.;. Those that re<uire pay#ent of royalties to the owners of patents for patents which
are not used+
@;.@. Those that prohibit the licensee to e%port the licensed product unless 7ustified for
the protection of the leiti#ate interest of the licensor such as e%ports to countries where
e%clusi"e licenses to #anufacture andGor distribute the licensed product&s' ha"e already
been ranted+
@;.A. Those which restrict the use of the technoloy supplied after the e%piration of the
technoloy transfer arrane#ent$ e%cept in cases of early ter#ination of the technoloy
transfer arrane#ent due to reason&s' attributable to the licensee+
@;.)?. Those which re<uire pay#ents for patents and other industrial property rihts after
their e%piration$ ter#ination arrane#ent+
@;.)). Those which re<uire that the technoloy recipient shall not contest the "alidity of
any of the patents of the technoloy supplier+
@;.)0. Those which restrict the research and de"elop#ent acti"ities of the licensee
desined to absorb and adapt the transferred technoloy to local conditions or to initiate
research and de"elop#ent prora#s in connection with new products$ processes or
e<uip#ent+
@;.)1. Those which pre"ent the licensee fro# adaptin the i#ported technoloy to local
conditions$ or introducin inno"ation to it$ as lon as it does not i#pair the <uality
standards prescribed by the licensor+
@;.)(. Those which e%e#pt the licensor for liability for non-fulfil#ent of his
responsibilities under the technoloy transfer arrane#ent andGor liability arisin fro#
third party suits brouht about by the use of the licensed product or the licensed
technoloy+ and
@;.)3. 2ther clauses with e<ui"alent effects. &Sec. 11-C &0'$ *.A )83a'
"ection 88. *andatory Provisions. - The followin pro"isions shall be included in
"oluntary license contracts:
@@.). That the laws of the Philippines shall o"ern the interpretation of the sa#e and in
the e"ent of litiation$ the "enue shall be the proper court in the place where the licensee
has its principal office+
@@.0. Continued access to i#pro"e#ents in techni<ues and processes related to the
technoloy shall be #ade a"ailable durin the period of the technoloy transfer
arrane#ent+
@@.1. In the e"ent the technoloy transfer arrane#ent shall pro"ide for arbitration$ the
Procedure of Arbitration of the Arbitration .aw of the Philippines or the Arbitration
*ules of the /nited Cations Co##ission on International Trade .aw &/CCIT*A.' or
the *ules of Conciliation and Arbitration of the International Cha#ber of Co##erce
&ICC' shall apply and the "enue of arbitration shall be the Philippines or any neutral
country+ and
@@.(. The Philippine ta%es on all pay#ents relatin to the technoloy transfer
arrane#ent shall be borne by the licensor. &n'
"ection 89. Rights of 'icensor. - In the absence of any pro"ision to the contrary in the
technoloy transfer arrane#ent$ the rant of a license shall not pre"ent the licensor fro#
rantin further licenses to third person nor fro# e%ploitin the sub7ect #atter of the
technoloy transfer arrane#ent hi#self. &Sec. 11-9$ *.A. )83a'
"ection 91. Rights of 'icensee. - The licensee shall be entitled to e%ploit the sub7ect
#atter of the technoloy transfer arrane#ent durin the whole ter# of the technoloy
transfer arrane#ent. &Sec. 11-C &)'$ *.A. )83a'
"ection 91. +2ceptional Cases. - In e%ceptional or #eritorious cases where substantial
benefits will accrue to the econo#y$ such as hih technoloy content$ increase in forein
e%chane earnins$ e#ploy#ent eneration$ reional dispersal of industries andGor
substitution with or use of local raw #aterials$ or in the case of 9oard of In"est#ents$
reistered co#panies with pioneer status$ e%e#ption fro# any of the abo"e re<uire#ents
#ay be allowed by the -ocu#entation$ Infor#ation and Technoloy Transfer 9ureau
after e"aluation thereof on a case by case basis. &n'
"ection 92. /on0Registration -ith the Documentation) Information and Technology
Transfer Bureau. - Technoloy transfer arrane#ents that confor# with the pro"isions of
Sections @8 and @; need not be reistered with the -ocu#entation$ Infor#ation and
Technoloy Transfer 9ureau. Con-confor#ance with any of the pro"isions of Sections @;
and @@$ howe"er$ shall auto#atically render the technoloy transfer arrane#ent
unenforceable$ unless said technoloy transfer arrane#ent is appro"ed and reistered
with the -ocu#entation$ Infor#ation and Technoloy Transfer 9ureau under the
pro"isions of Section A) on e%ceptional cases. &n'
C&APT!R 3
C)2P('")R* '#C!N"#N%
"ection 93. %rounds for Compulsory 'icensing. - The -irector of .eal Affairs #ay
rant a license to e%ploit a patented in"ention$ e"en without the aree#ent of the patent
owner$ in fa"or of any person who has shown his capability to e%ploit the in"ention$
under any of the followin circu#stances:
A1.). Cational e#erency or other circu#stances of e%tre#e urency+
A1.0. Fhere the public interest$ in particular$ national security$ nutrition$ health or the
de"elop#ent of other "ital sectors of the national econo#y as deter#ined by the
appropriate aency of the ,o"ern#ent$ so re<uires+ or
A1.1. Fhere a 7udicial or ad#inistrati"e body has deter#ined that the #anner of
e%ploitation by the owner of the patent or his licensee is anti-co#petiti"e+ or
A1.(. In case of public non-co##ercial use of the patent by the patentee$ without
satisfactory reason+
A1.3. If the patented in"ention is not bein worked in the Philippines on a co##ercial
scale$ althouh capable of bein worked$ without satisfactory reason: Pro"ided$ That the
i#portation of the patented article shall constitute workin or usin the patent. &Secs. 1($
1(-A$ 1(-9$ *.A. Co. )83a'
"ection 9/. Period for iling a Petition for a Compulsory 'icense. - A(.). A co#pulsory
license #ay not be applied for on the round stated in Subsection A1.3 before the
e%piration of a period of four &(' years fro# the date of filin of the application or three
&1' years fro# the date of the patent whiche"er period e%pires last.
A(.0. A co#pulsory license which is applied for on any of the rounds stated in
Subsections A1.0$ A1.1$ and A1.( and Section A; #ay be applied for at any ti#e after the
rant of the patent. &Sec. 1(&)'$ *.A. Co. )83'
"ection 90. Re.uirement to !btain a 'icense on Reasonable Commercial Terms. - A3.).
The license will only be ranted after the petitioner has #ade efforts to obtain
authori!ation fro# the patent owner on reasonable co##ercial ter#s and conditions but
such efforts ha"e not been successful within a reasonable period of ti#e.
A3.0. The re<uire#ent under Subsection A3.) shall not apply in the followin cases:
&a' Fhere the petition for co#pulsory license seeks to re#edy a practice
deter#ined after 7udicial or ad#inistrati"e process to be anti-co#petiti"e+
&b' In situations of national e#erency or other circu#stances of e%tre#e
urency+
&c' In cases of public non-co##ercial use.
A3.1. In situations of national e#erency or other circu#stances of e%tre#e urency$ the
riht holder shall be notified as soon as reasonably practicable.
A3.(. In the case of public non-co##ercial use$ where the o"ern#ent or contractor$
without #akin a patent search$ knows or has de#onstrable rounds to know that a "alid
patent is or will be used by or for the o"ern#ent$ the riht holder shall be infor#ed
pro#ptly. &n'
"ection 96. Compulsory 'icensing of Patents Involving Semi0Conductor Technology. - In
the case of co#pulsory licensin of patents in"ol"in se#i-conductor technoloy$ the
license #ay only be ranted in case of public non-co##ercial use or to re#edy a practice
deter#ined after 7udicial or ad#inistrati"e process to be anti-co#petiti"e. &n'
"ection 9. Compulsory 'icense Based on Interdependence of Patents. - If the in"ention
protected by a patent$ hereafter referred to as the "second patent$" within the country
cannot be worked without infrinin another patent$ hereafter referred to as the "first
patent$" ranted on a prior application or benefitin fro# an earlier priority$ a co#pulsory
license #ay be ranted to the owner of the second patent to the e%tent necessary for the
workin of his in"ention$ sub7ect to the followin conditions:
A;.). The in"ention clai#ed in the second patent in"ol"es an i#portant technical ad"ance
of considerable econo#ic sinificance in relation to the first patent+
A;.0. The owner of the first patent shall be entitled to a cross-license on reasonable ter#s
to use the in"ention clai#ed in the second patent+
A;.1. The use authori!ed in respect of the first patent shall be non-assinable e%cept with
the assin#ent of the second patent+ and
A;.(. The ter#s and conditions of Sections A3$ A8 and A@ to )?? of this Act. &Sec. 1(-C$
*.A. Co. )83a'
"ection 98. orm and Contents of Petition. - The petition for co#pulsory licensin #ust
be in writin$ "erified by the petitioner and acco#panied by pay#ent of the re<uired
filin fee. It shall contain the na#e and address of the petitioner as well as those of the
respondents$ the nu#ber and date of issue of the patent in connection with which
co#pulsory license is souht$ the na#e of the patentee$ the title of the in"ention$ the
statutory rounds upon which co#pulsory license is souht$ the ulti#ate facts
constitutin the petitioner=s cause of action$ and the relief prayed for. &Sec. 1(--$ *.A.
Co. )83'
"ection 99. /otice of Hearing. - AA.). /pon filin of a petition$ the -irector of .eal
Affairs shall forthwith ser"e notice of the filin thereof upon the patent owner and all
persons ha"in rants or licenses$ or any other riht$ title or interest in and to the patent
and in"ention co"ered thereby as appears of record in the 2ffice$ and of notice of the date
of hearin thereon$ on such persons and petitioner. The resident aent or representati"e
appointed in accordance with Section 11 hereof$ shall be bound to accept ser"ice of
notice of the filin of the petition within the #eanin of this Section.
AA.0. In e"ery case$ the notice shall be published by the said 2ffice in a newspaper of
eneral circulation$ once a week for three &1' consecuti"e weeks and once in the IP2
,a!ette at applicant=s e%pense. &Sec. 1(-4$ *.A. Co. )83'
"ection 111. Terms and Conditions of Compulsory 'icense. - The basic ter#s and
conditions includin the rate of royalties of a co#pulsory license shall be fi%ed by the
-irector of .eal Affairs sub7ect to the followin conditions:
)??.). The scope and duration of such license shall be li#ited to the purpose for which it
was authori!ed+
)??.0. The license shall be non-e%clusi"e+
)??.1. The license shall be non-assinable$ e%cept with that part of the enterprise or
business with which the in"ention is bein e%ploited+
)??.(. /se of the sub7ect #atter of the license shall be de"oted predo#inantly for the
supply of the Philippine #arket: Pro"ided$ That this li#itation shall not apply where the
rant of the license is based on the round that the patentee=s #anner of e%ploitin the
patent is deter#ined by 7udicial or ad#inistrati"e process$ to be anti-co#petiti"e.
)??.3. The license #ay be ter#inated upon proper showin that circu#stances which led
to its rant ha"e ceased to e%ist and are unlikely to recur: Pro"ided$ That ade<uate
protection shall be afforded to the leiti#ate interest of the licensee+ and
)??.8. The patentee shall be paid ade<uate re#uneration takin into account the
econo#ic "alue of the rant or authori!ation$ e%cept that in cases where the license was
ranted to re#edy a practice which was deter#ined after 7udicial or ad#inistrati"e
process$ to be anti-co#petiti"e$ the need to correct the anti-co#petiti"e practice #ay be
taken into account in fi%in the a#ount of re#uneration. &Sec. 13-9$ *.A. Co. )83a'
"ection 111. (mendment) Cancellation) Surrender of Compulsory 'icense. - )?).). /pon
the re<uest of the patentee or the licensee$ the -irector of .eal Affairs #ay a#end the
decision rantin the co#pulsory license$ upon proper showin of new facts or
circu#stances 7ustifyin such a#end#ent.
)?).0. /pon the re<uest of the patentee$ the said -irector #ay cancel the co#pulsory
license:
&a' If the round for the rant of the co#pulsory license no loner e%ists and is
unlikely to recur+
&b' If the licensee has neither beun to supply the do#estic #arket nor #ade
serious preparation therefor+
&c' If the licensee has not co#plied with the prescribed ter#s of the license+
)?).1. The licensee #ay surrender the license by a written declaration sub#itted to the
2ffice.
)?).(. The said -irector shall cause the a#end#ent$ surrender$ or cancellation in the
*eister$ notify the patentee$ andGor the licensee$ and cause notice thereof to be published
in the IP2 ,a!ette. &Sec. 13--$ *.A. Co. )83a'
"ection 112. 'icensee6s +2emption from 'iability. - Any person who works a patented
product$ substance andGor process under a license ranted under this Chapter$ shall be free
fro# any liability for infrine#ent: Pro"ided howe"er$ That in the case of "oluntary
licensin$ no collusion with the licensor is pro"en. This is without pre7udice to the riht
of the rihtful owner of the patent to reco"er fro# the licensor whate"er he #ay ha"e
recei"ed as royalties under the license. &Sec. 13-4$ *.A. Co. )83a'
C&APT!R 3#
A""#%N2!NT AN+ TRAN"2#""#)N ), R#%&T"
"ection 113. Transmission of Rights. - )?1.). Patents or applications for patents and
in"ention to which they relate$ shall be protected in the sa#e way as the rihts of other
property under the Ci"il Code.
)?1.0. In"entions and any riht$ title or interest in and to patents and in"entions co"ered
thereby$ #ay be assined or trans#itted by inheritance or be<uest or #ay be the sub7ect
of a license contract. &Sec. 3?$ *.A. Co. )83a'
"ection 11/. (ssignment of Inventions. - An assin#ent #ay be of the entire riht$ title or
interest in and to the patent and the in"ention co"ered thereby$ or of an undi"ided share of
the entire patent and in"ention$ in which e"ent the parties beco#e 7oint owners thereof.
An assin#ent #ay be li#ited to a specified territory. &Sec. 3)$ *.A. Co. )83'
"ection 110. orm of (ssignment. - The assin#ent #ust be in writin$ acknowleded
before a notary public or other officer authori!ed to ad#inister oath or perfor# notarial
acts$ and certified under the hand and official seal of the notary or such other officer.
&Sec. 30$ *.A. Co. )83'
"ection 116. Recording. - )?8.). The 2ffice shall record assin#ents$ licenses and other
instru#ents relatin to the trans#ission of any riht$ title or interest in and to in"entions$
and patents or application for patents or in"entions to which they relate$ which are
presented in due for# to the 2ffice for reistration$ in books and records kept for the
purpose. The oriinal docu#ents toether with a sined duplicate thereof shall be filed$
and the contents thereof should be kept confidential. If the oriinal is not a"ailable$ an
authenticated copy thereof in duplicate #ay be filed. /pon recordin$ the 2ffice shall
retain the duplicate$ return the oriinal or the authenticated copy to the party who filed
the sa#e and notice of the recordin shall be published in the IP2 ,a!ette.
)?8.0. Such instru#ents shall be "oid as aainst any subse<uent purchaser or #ortaee
for "aluable consideration and without notice$ unless$ it is so recorded in the 2ffice$
within three &1' #onths fro# the date of said instru#ent$ or prior to the subse<uent
purchase or #ortae. &Sec. 31$ *.A. Co. )83a'
"ection 11. Rights of 5oint !-ners. - If two &0' or #ore persons 7ointly own a patent
and the in"ention co"ered thereby$ either by the issuance of the patent in their 7oint fa"or
or by reason of the assin#ent of an undi"ided share in the patent and in"ention or by
reason of the succession in title to such share$ each of the 7oint owners shall be entitled to
personally #ake$ use$ sell$ or i#port the in"ention for his own profit: Pro"ided$ howe"er$
That neither of the 7oint owners shall be entitled to rant licenses or to assin his riht$
title or interest or part thereof without the consent of the other owner or owners$ or
without proportionally di"idin the proceeds with such other owner or owners. &Sec. 3($
*.A. Co. )83'
C&APT!R 3##
R!%#"TRAT#)N ), (T#'#T* 2)+!'"
"ection 118. (pplicability of Provisions Relating to Patents. - )?@.). Sub7ect to Section
)?A$ the pro"isions o"ernin patents shall apply$ #utatis #utandis$ to the reistration of
utility #odels.
)?@.0. Fhere the riht to a patent conflicts with the riht to a utility #odel reistration in
the case referred to in Section 0A$ the said pro"ision shall apply as if the word "patent"
were replaced by the words "patent or utility #odel reistration". &Sec. 33$ *.A. Co.
)83a'
"ection 119. Special Provisions Relating to ,tility *odels. - )?A.). &a' An in"ention
<ualifies for reistration as a utility #odel if it is new and industrially applicable.
&b' Section 0)$ "Patentable In"entions"$ shall apply e%cept the reference to
in"enti"e step as a condition of protection.
)?A.0. Sections (1 to (A shall not apply in the case of applications for reistration of a
utility #odel.
)?A.1. A utility #odel reistration shall e%pire$ without any possibility of renewal$ at the
end of the se"enth year after the date of the filin of the application.
)?A.(. In proceedins under Sections 8) to 8($ the utility #odel reistration shall be
canceled on the followin rounds:
&a' That the clai#ed in"ention does not <ualify for reistration as a utility #odel
and does not #eet the re<uire#ents of reistrability$ in particular ha"in reard to
Subsection )?A.) and Sections 00$ 01$ 0( and 0;+
&b' That the description and the clai#s do not co#ply with the prescribed
re<uire#ents+
&c' That any drawin which is necessary for the understandin of the in"ention
has not been furnished+
&d' That the owner of the utility #odel reistration is not the in"entor or his
successor in title. &Secs. 33$ 38$ and 3;$ *.A. Co. )83a'
"ection 111. Conversion of Patent (pplications or (pplications for ,tility *odel
Registration. - ))?.). At any ti#e before the rant or refusal of a patent$ an applicant for a
patent #ay$ upon pay#ent of the prescribed fee$ con"ert his application into an
application for reistration of a utility #odel$ which shall be accorded the filin date of
the initial application. An application #ay be con"erted only once.
))?.0. At any ti#e before the rant or refusal of a utility #odel reistration$ an applicant
for a utility #odel reistration #ay$ upon pay#ent of the prescribed fee$ con"ert his
application into a patent application$ which shall be accorded the filin date of the initial
application. &Sec. 3@$ *.A. Co. )83a'
"ection 111. Prohibition against iling of Parallel (pplications. - An applicant #ay not
file two &0' applications for the sa#e sub7ect$ one for utility #odel reistration and the
other for the rant of a patent whether si#ultaneously or consecuti"ely. &Sec. 3A$ *.A.
Co. )83a'
C&APT!R 3###
#N+("TR#A' +!"#%N
"ection 112. Definition of Industrial Design. - An industrial desin is any co#position of
lines or colors or any three-di#ensional for#$ whether or not associated-with lines or
colors: Pro"ided$ That such co#position or for# i"es a special appearance to and can
ser"e as pattern for an industrial product or handicraft. &Sec. 33$ *.A. Co. )83a'
"ection 113. Substantive Conditions for Protection. - ))1.). 2nly industrial desins that
are new or oriinal shall benefit fro# protection under this Act.
))1.0. Industrial desins dictated essentially by technical or functional considerations to
obtain a technical result or those that are contrary to public order$ health or #orals shall
not be protected. &n'
"ection 11/. Contents of the (pplication. - ))(.). 4"ery application for reistration of an
industrial desin shall contain:
&a' A re<uest for reistration of the industrial desin+
&b' Infor#ation identifyin the applicant+
&c' An indication of the kind of article of #anufacture or handicraft to which the
desin shall be applied+
&d' A representation of the article of #anufacture or handicraft by way of
drawins$ photoraphs or other ade<uate raphic representation of the desin as
applied to the article of #anufacture or handicraft which clearly and fully
discloses those features for which desin protection is clai#ed+ and
&e' The na#e and address of the creator$ or where the applicant is not the creator$
a state#ent indicatin the oriin of the riht to the industrial desin reistration.
))(.0. The application #ay be acco#panied by a speci#en of the article e#bodyin the
industrial desin and shall be sub7ect to the pay#ent of the prescribed fee.&n'
"ection 110. Several Industrial Designs in !ne (pplication. - Two &0' or #ore industrial
desins #ay be the sub7ect of the sa#e application: Pro"ided$ That they relate to the sa#e
sub-class of the International Classification or to the sa#e set or co#position of articles.
&n'
"ection 116. +2amination. - ))8.). The 2ffice shall accord as the filin date the date of
receipt of the application containin indications allowin the identity of the applicant to
be established and a representation of the article e#bodyin the industrial desin or a
pictorial representation thereof.
))8.0. If the application does not #eet these re<uire#ents the filin date should be that
date when all the ele#ents specified in Section )?3 are filed or the #istakes corrected.
2therwise if the re<uire#ents are not co#plied within the prescribed period$ the
application shall be considered withdrawn.
))8.1. After the application has been accorded a filin date and the re<uired fees paid on
ti#e$ the applicant shall co#ply with the re<uire#ents of Section ))( within the
prescribed period$ otherwise the application shall be considered withdrawn.
))8.(. The 2ffice shall e%a#ine whether the industrial desin co#plies with re<uire#ents
of Section ))0 and Subsections ))1.0 and ))1.1. &n'
"ection 11. Registration. - ));.). Fhere the 2ffice finds that the conditions referred to
in Section ))1 are fulfilled$ it shall order that reistration be effected in the industrial
desin reister and cause the issuance of an industrial desin certificate of reistration$
otherwise$ it shall refuse the application.
));.0. The for# and contents of an industrial desin certificate shall be established by the
*eulations: Pro"ided$ That the na#e and address of the creator shall be #entioned in
e"ery case.
));.1. *eistration shall be published in the for# and within the period fi%ed by the
*eulations.
));.(. The 2ffice shall record in the reister any chane in the identity of the proprietor
of the industrial desin or his representati"e$ if proof thereof is furnished to it. A fee shall
be paid$ with the re<uest to record the chane in the identity of the proprietor. If the fee is
not paid$ the re<uest shall be dee#ed not to ha"e been filed. In such case$ the for#er
proprietor and the for#er representati"e shall re#ain sub7ect to the rihts and obliations
as pro"ided in this Act.
));.3. Anyone #ay inspect the *eister and the files of reistered industrial desins
includin the files of cancellation proceedins. &n'
"ection 118. The Term of Industrial Design Registration. - ))@.) The reistration of an
industrial desin shall be for a period of fi"e &3' years fro# the filin date of the
application.
))@.0. The reistration of an industrial desin #ay be renewed for not #ore than two &0'
consecuti"e periods of fi"e &3' years each$ by payin the renewal fee.
))@.1. The renewal fee shall be paid within twel"e &)0' #onths precedin the e%piration
of the period of reistration. Bowe"er$ a race period of si% &8' #onths shall be ranted
for pay#ent of the fees after such e%piration$ upon pay#ent of a surchare
))@.(. The *eulations shall fi% the a#ount of renewal fee$ the surchare and other
re<uire#ents reardin the recordin of renewals of reistration.
"ection 119. (pplication of !ther Sections and Chapters. - ))A.). The followin
pro"isions relatin to patents shall apply #utatis #utandis to an industrial desin
reistration:
Section 0) - Co"elty:
Section 0( -
Prior art: Pro"ided$ That the disclosure is contained in printed docu#ents
or in any tanible for#+
Section 03 - Con-pre7udicial -isclosure+
Section 0; - In"entions Created Pursuant to a Co##ission+
Section 0@ - *iht to a Patent+
Section 0A - :irst to :ile *ule+
Section 1)
-
*iht of Priority: Pro"ided$ That the application for industrial desin shall
be filed within si% &8' #onths fro# the earliest filin date of the
correspondin forein application+
Section 11 - Appoint#ent of Aent or *epresentati"e+
Section 3) - *efusal of the Application+
Sections 38
to 8?
- Surrender$ Correction of and Chanes in Patent+
CBAPT4*
6II
- *e#edies of a Person with a *iht to Patent+
CBAPT4*
6III
- *ihts of Patentees and Infrine#ent of Patents+ and
CBAPT4*
5I
- Assin#ent and Trans#ission of *ihts.
))A.0. If the essential ele#ents of an industrial desin which is the sub7ect of an
application ha"e been obtained fro# the creation of another person without his consent$
protection under this Chapter cannot be in"oked aainst the in7ured party. &n'
"ection 121. Cancellation of Design Registration. - )0?.). At any ti#e durin the ter# of
the industrial desin reistration$ any person upon pay#ent of the re<uired fee$ #ay
petition the -irector of .eal Affairs to cancel the industrial desin on any of the
followin rounds:
&a' If the sub7ect #atter of the industrial desin is not reistrable within the ter#s
of Sections ))0 and ))1+
&b' If the sub7ect #atter is not new+ or
&c' If the sub7ect #atter of the industrial desin e%tends beyond the content of the
application as oriinally filed.
)0?.0. Fhere the rounds for cancellation relate to a part of the industrial desin$
cancellation #ay be effected to such e%tent only. The restriction #ay be effected in the
for# of an alteration of the effected features of the desin. &n'
PART ###
T&! 'A. )N TRA+!2AR4", "!R-#C! 2AR4" AN+ TRA+! NA2!"
"ection 121. Definitions. - As used in Part III$ the followin ter#s ha"e the followin
#eanins:
)0).). "Mark" #eans any "isible sin capable of distinuishin the oods &trade#ark' or
ser"ices &ser"ice #ark' of an enterprise and shall include a sta#ped or #arked container
of oods+ &Sec. 1@$ *.A. Co. )88a'
)0).0. "Collecti"e #ark" #eans any "isible sin desinated as such in the application for
reistration and capable of distinuishin the oriin or any other co##on characteristic$
includin the <uality of oods or ser"ices of different enterprises which use the sin
under the control of the reistered owner of the collecti"e #ark+ &Sec. (?$ *.A. Co. )88a'
)0).1. "Trade na#e" #eans the na#e or desination identifyin or distinuishin an
enterprise+ &Sec. 1@$ *.A. Co. )88a'
)0).(. "9ureau" #eans the 9ureau of Trade#arks+
)0).3. "-irector" #eans the -irector of Trade#arks+
)0).8. "*eulations" #eans the *ules of Practice in Trade#arks and Ser"ice Marks
for#ulated by the -irector of Trade#arks and appro"ed by the -irector ,eneral+ and
)0).;. "4%a#iner" #eans the trade#ark e%a#iner. &Sec. 1@$ *.A. Co. )88a'
"ection 122. Ho- *ar&s are (c.uired. - The rihts in a #ark shall be ac<uired throuh
reistration #ade "alidly in accordance with the pro"isions of this law. &Sec. 0-A$ * A.
Co. )88a'
"ection 123. Registrability. - )01.). A #ark cannot be reistered if it:
&a' Consists of i##oral$ decepti"e or scandalous #atter$ or #atter which #ay
disparae or falsely suest a connection with persons$ li"in or dead$ institutions$
beliefs$ or national sy#bols$ or brin the# into conte#pt or disrepute+
&b' Consists of the fla or coat of ar#s or other insinia of the Philippines or any
of its political subdi"isions$ or of any forein nation$ or any si#ulation thereof+
&c' Consists of a na#e$ portrait or sinature identifyin a particular li"in
indi"idual e%cept by his written consent$ or the na#e$ sinature$ or portrait of a
deceased President of the Philippines$ durin the life of his widow$ if any$ e%cept
by written consent of the widow+
&d' Is identical with a reistered #ark belonin to a different proprietor or a
#ark with an earlier filin or priority date$ in respect of:
&i' The sa#e oods or ser"ices$ or
&ii' Closely related oods or ser"ices$ or
&iii' If it nearly rese#bles such a #ark as to be likely to decei"e or cause
confusion+
&e' Is identical with$ or confusinly si#ilar to$ or constitutes a translation of a
#ark which is considered by the co#petent authority of the Philippines to be
well-known internationally and in the Philippines$ whether or not it is reistered
here$ as bein already the #ark of a person other than the applicant for
reistration$ and used for identical or si#ilar oods or ser"ices: Pro"ided$ That in
deter#inin whether a #ark is well-known$ account shall be taken of the
knowlede of the rele"ant sector of the public$ rather than of the public at lare$
includin knowlede in the Philippines which has been obtained as a result of the
pro#otion of the #ark+
&f' Is identical with$ or confusinly si#ilar to$ or constitutes a translation of a
#ark considered well-known in accordance with the precedin pararaph$ which
is reistered in the Philippines with respect to oods or ser"ices which are not
si#ilar to those with respect to which reistration is applied for: Pro"ided$ That
use of the #ark in relation to those oods or ser"ices would indicate a connection
between those oods or ser"ices$ and the owner of the reistered #ark: Pro"ided
further$ That the interests of the owner of the reistered #ark are likely to be
da#aed by such use+
&' Is likely to #islead the public$ particularly as to the nature$ <uality$
characteristics or eoraphical oriin of the oods or ser"ices+
&h' Consists e%clusi"ely of sins that are eneric for the oods or ser"ices that
they seek to identify+
&i' Consists e%clusi"ely of sins or of indications that ha"e beco#e custo#ary or
usual to desinate the oods or ser"ices in e"eryday lanuae or in bona fide and
established trade practice+
&7' Consists e%clusi"ely of sins or of indications that #ay ser"e in trade to
desinate the kind$ <uality$ <uantity$ intended purpose$ "alue$ eoraphical oriin$
ti#e or production of the oods or renderin of the ser"ices$ or other
characteristics of the oods or ser"ices+
&k' Consists of shapes that #ay be necessitated by technical factors or by the
nature of the oods the#sel"es or factors that affect their intrinsic "alue+
&l' Consists of color alone$ unless defined by a i"en for#+ or
&#' Is contrary to public order or #orality.
)01.0. As reards sins or de"ices #entioned in pararaphs &7'$ &k'$ and &l'$ nothin shall
pre"ent the reistration of any such sin or de"ice which has beco#e distincti"e in
relation to the oods for which reistration is re<uested as a result of the use that ha"e
been #ade of it in co##erce in the Philippines. The 2ffice #ay accept as pri#a facie
e"idence that the #ark has beco#e distincti"e$ as used in connection with the applicant=s
oods or ser"ices in co##erce$ proof of substantially e%clusi"e and continuous use
thereof by the applicant in co##erce in the Philippines for fi"e &3' years before the date
on which the clai# of distincti"eness is #ade.
)01.1. The nature of the oods to which the #ark is applied will not constitute an
obstacle to reistration. &Sec. ($ *.A. Co. )88a'
"ection 12/. Re.uirements of (pplication. - )0(.). The application for the reistration of
the #ark shall be in :ilipino or in 4nlish and shall contain the followin:
&a' A re<uest for reistration+
&b' The na#e and address of the applicant+
&c' The na#e of a State of which the applicant is a national or where he has
do#icile+ and the na#e of a State in which the applicant has a real and effecti"e
industrial or co##ercial establish#ent$ if any+
&d' Fhere the applicant is a 7uridical entity$ the law under which it is orani!ed
and e%istin+
&e' The appoint#ent of an aent or representati"e$ if the applicant is not do#iciled
in the Philippines+
&f' Fhere the applicant clai#s the priority of an earlier application$ an indication
of:
i' The na#e of the State with whose national office the earlier application
was filed or if filed with an office other than a national office$ the na#e of
that office$
ii' The date on which the earlier application was filed$ and
iii' Fhere a"ailable$ the application nu#ber of the earlier application+
&' Fhere the applicant clai#s color as a distincti"e feature of the #ark$ a
state#ent to that effect as well as the na#e or na#es of the color or colors
clai#ed and an indication$ in respect of each color$ of the principal parts of the
#ark which are in that color+
&h' Fhere the #ark is a three-di#ensional #ark$ a state#ent to that effect+
&i' 2ne or #ore reproductions of the #ark$ as prescribed in the *eulations+
&7' A transliteration or translation of the #ark or of so#e parts of the #ark$ as
prescribed in the *eulations+
&k' The na#es of the oods or ser"ices for which the reistration is souht$
rouped accordin to the classes of the Cice Classification$ toether with the
nu#ber of the class of the said Classification to which each roup of oods or
ser"ices belons+ and
&l' A sinature by$ or other self-identification of$ the applicant or his
representati"e.
)0(.0. The applicant or the reistrant shall file a declaration of actual use of the #ark
with e"idence to that effect$ as prescribed by the *eulations within three &1' years fro#
the filin date of the application. 2therwise$ the application shall be refused or the #ark
shall be re#o"ed fro# the *eister by the -irector.
)0(.1. 2ne &)' application #ay relate to se"eral oods andGor ser"ices$ whether they
belon to one &)' class or to se"eral classes of the Cice Classification.
)0(.(. If durin the e%a#ination of the application$ the 2ffice finds factual basis to
reasonably doubt the "eracity of any indication or ele#ent in the application$ it #ay
re<uire the applicant to sub#it sufficient e"idence to re#o"e the doubt. &Sec. 3$ *.A. Co.
)88a'
"ection 120. Representation3 (ddress for Service. - If the applicant is not do#iciled or
has no real and effecti"e co##ercial establish#ent in the Philippines$ he shall desinate
by a written docu#ent filed in the 2ffice$ the na#e and address of a Philippine resident
who #ay be ser"ed notices or process in proceedins affectin the #ark. Such notices or
ser"ices #ay be ser"ed upon the person so desinated by lea"in a copy thereof at the
address specified in the last desination filed. If the person so desinated cannot be found
at the address i"en in the last desination$ such notice or process #ay be ser"ed upon
the -irector. &Sec. 1$ *.A. Co. )88a'
"ection 126. Disclaimers. - The 2ffice #ay allow or re<uire the applicant to disclai# an
unreistrable co#ponent of an otherwise reistrable #ark but such disclai#er shall not
pre7udice or affect the applicant=s or owner=s rihts then e%istin or thereafter arisin in
the disclai#ed #atter$ nor such shall disclai#er pre7udice or affect the applicant=s or
owner=s riht on another application of later date if the disclai#ed #atter beca#e
distincti"e of the applicant=s or owner=s oods$ business or ser"ices. &Sec. )1$ *.A. Co.
)88a'
"ection 12. iling Date. - )0;.). *e<uire#ents. - The filin date of an application shall
be the date on which the 2ffice recei"ed the followin indications and ele#ents in
4nlish or :ilipino:
&a' An e%press or i#plicit indication that the reistration of a #ark is souht+
&b' The identity of the applicant+
&c' Indications sufficient to contact the applicant or his representati"e$ if any+
&d' A reproduction of the #ark whose reistration is souht+ and
&e' The list of the oods or ser"ices for which the reistration is souht.
)0;.0. Co filin date shall be accorded until the re<uired fee is paid. &n'
"ection 128. Single Registration for %oods and7or Services. - Fhere oods andGor
ser"ices belonin to se"eral classes of the Cice Classification ha"e been included in one
&)' application$ such an application shall result in one reistration. &n'
"ection 129. Division of (pplication. - Any application referrin to se"eral oods or
ser"ices$ hereafter referred to as the "initial application$" #ay be di"ided by the applicant
into two &0' or #ore applications$ hereafter referred to as the "di"isional applications$" by
distributin a#on the latter the oods or ser"ices referred to in the initial application.
The di"isional applications shall preser"e the filin date of the initial application or the
benefit of the riht of priority. &n'
"ection 131. Signature and !ther *eans of Self0Identification. - )1?.). Fhere a
sinature is re<uired$ the 2ffice shall accept:
&a' A hand-written sinature+ or
&b' The use of other for#s of sinature$ such as a printed or sta#ped sinature$ or
the use of a seal instead of a hand-written sinature: Pro"ided$ That where a seal
is used$ it should be acco#panied by an indication in letters of the na#e of the
sinatory.
)1?.0. The 2ffice shall accept co##unications to it by telecopier$ or by electronic #eans
sub7ect to the conditions or re<uire#ents that will be prescribed by the *eulations.
Fhen co##unications are #ade by telefacsi#ile$ the reproduction of the sinature$ or
the reproduction of the seal toether with$ where re<uired$ the indication in letters of the
na#e of the natural person whose seal is used$ appears. The oriinal co##unications
#ust be recei"ed by the 2ffice within thirty &1?' days fro# date of receipt of the
telefacsi#ile.
)1?.1. Co attestation$ notari!ation$ authentication$ leali!ation or other certification of
any sinature or other #eans of self-identification referred to in the precedin
pararaphs$ will be re<uired$ e%cept$ where the sinature concerns the surrender of a
reistration. &n'
"ection 131. Priority Right. - )1).). An application for reistration of a #ark filed in the
Philippines by a person referred to in Section 1$ and who pre"iously duly filed an
application for reistration of the sa#e #ark in one of those countries$ shall be
considered as filed as of the day the application was first filed in the forein country.
)1).0. Co reistration of a #ark in the Philippines by a person described in this section
shall be ranted until such #ark has been reistered in the country of oriin of the
applicant.
)1).1. Cothin in this section shall entitle the owner of a reistration ranted under this
section to sue for acts co##itted prior to the date on which his #ark was reistered in
this country: Pro"ided$ That$ notwithstandin the foreoin$ the owner of a well-known
#ark as defined in Section )01.)&e' of this Act$ that is not reistered in the Philippines$
#ay$ aainst an identical or confusinly si#ilar #ark$ oppose its reistration$ or petition
the cancellation of its reistration or sue for unfair co#petition$ without pre7udice to
a"ailin hi#self of other re#edies pro"ided for under the law.
)1).(. In like #anner and sub7ect to the sa#e conditions and re<uire#ents$ the riht
pro"ided in this section #ay be based upon a subse<uent reularly filed application in the
sa#e forein country: Pro"ided$ That any forein application filed prior to such
subse<uent application has been withdrawn$ abandoned$ or otherwise disposed of$
without ha"in been laid open to public inspection and without lea"in any rihts
outstandin$ and has not ser"ed$ nor thereafter shall ser"e$ as a basis for clai#in a riht
of priority. &Sec. 1;$ *.A. Co. )88a'
"ection 132. (pplication /umber and iling Date. - )10.). The 2ffice shall e%a#ine
whether the application satisfies the re<uire#ents for the rant of a filin date as pro"ided
in Section )0; and *eulations relatin thereto. If the application does not satisfy the
filin re<uire#ents$ the 2ffice shall notify the applicant who shall within a period fi%ed
by the *eulations co#plete or correct the application as re<uired$ otherwise$ the
application shall be considered withdrawn.
)10.0 2nce an application #eets the filin re<uire#ents of Section )0;$ it shall be
nu#bered in the se<uential order$ and the applicant shall be infor#ed of the application
nu#ber and the filin date of the application will be dee#ed to ha"e been abandoned. &n'
"ection 133. +2amination and Publication. - )11.). 2nce the application #eets the filin
re<uire#ents of Section )0;$ the 2ffice shall e%a#ine whether the application #eets the
re<uire#ents of Section )0( and the #ark as defined in Section )0) is reistrable under
Section )01.
)11.0. Fhere the 2ffice finds that the conditions referred to in Subsection )11.) are
fulfilled$ it shall upon pay#ent of the prescribed fee$ forthwith cause the application$ as
filed$ to be published in the prescribed #anner.
)11.1. If after the e%a#ination$ the applicant is not entitled to reistration for any reason$
the 2ffice shall ad"ise the applicant thereof and the reasons therefor. The applicant shall
ha"e a period of four &(' #onths in which to reply or a#end his application$ which shall
then be re-e%a#ined. The *eulations shall deter#ine the procedure for the re-
e%a#ination or re"i"al of an application as well as the appeal to the -irector of
Trade#arks fro# any final action by the 4%a#iner.
)11.(. An abandoned application #ay be re"i"ed as a pendin application within three
&1' #onths fro# the date of abandon#ent$ upon ood cause shown and the pay#ent of
the re<uired fee.
)11.3. The final decision of refusal of the -irector of Trade#arks shall be appealable to
the -irector ,eneral in accordance with the procedure fi%ed by the *eulations. &Sec. ;$
*.A. Co. )88a'
"ection 13/. !pposition. - Any person who belie"es that he would be da#aed by the
reistration of a #ark #ay$ upon pay#ent of the re<uired fee and within thirty &1?' days
after the publication referred to in Subsection )11.0$ file with the 2ffice an opposition to
the application. Such opposition shall be in writin and "erified by the oppositor or by
any person on his behalf who knows the facts$ and shall specify the rounds on which it
is based and include a state#ent of the facts relied upon. Copies of certificates of
reistration of #arks reistered in other countries or other supportin docu#ents
#entioned in the opposition shall be filed therewith$ toether with the translation in
4nlish$ if not in the 4nlish lanuae. :or ood cause shown and upon pay#ent of the
re<uired surchare$ the ti#e for filin an opposition #ay be e%tended by the -irector of
.eal Affairs$ who shall notify the applicant of such e%tension. The *eulations shall fi%
the #a%i#u# period of ti#e within which to file the opposition. &Sec. @$ *.A. Co. )83a'
"ection 130. /otice and Hearing. - /pon the filin of an opposition$ the 2ffice shall
ser"e notice of the filin on the applicant$ and of the date of the hearin thereof upon the
applicant and the oppositor and all other persons ha"in any riht$ title or interest in the
#ark co"ered by the application$ as appear of record in the 2ffice. &Sec. A$ *.A. Co. )83'
"ection 136. Issuance and Publication of Certificate. - Fhen the period for filin the
opposition has e%pired$ or when the -irector of .eal Affairs shall ha"e denied the
opposition$ the 2ffice upon pay#ent of the re<uired fee$ shall issue the certificate of
reistration. /pon issuance of a certificate of reistration$ notice thereof #akin
reference to the publication of the application shall be published in the IP2 ,a!ette. &Sec.
)?$ *.A. Co. )83'
"ection 13. Registration of *ar& and Issuance of a Certificate to the !-ner or his
(ssignee. - )1;.). The 2ffice shall #aintain a *eister in which shall be reistered
#arks$ nu#bered in the order of their reistration$ and all transactions in respect of each
#ark$ re<uired to be recorded by "irtue of this law.
)1;.0. The reistration of a #ark shall include a reproduction of the #ark and shall
#ention: its nu#ber+ the na#e and address of the reistered owner and$ if the reistered
owner=s address is outside the country$ his address for ser"ice within the country+ the
dates of application and reistration+ if priority is clai#ed$ an indication of this fact$ and
the nu#ber$ date and country of the application$ basis of the priority clai#s+ the list of
oods or ser"ices in respect of which reistration has been ranted$ with the indication of
the correspondin class or classes+ and such other data as the *eulations #ay prescribe
fro# ti#e to ti#e.
)1;.1. A certificate of reistration of a #ark #ay be issued to the assinee of the
applicant: Pro"ided$ That the assin#ent is recorded in the 2ffice. In case of a chane of
ownership$ the 2ffice shall at the written re<uest sined by the owner$ or his
representati"e$ or by the new owner$ or his representati"e and upon a proper showin and
the pay#ent of the prescribed fee$ issue to such assinee a new certificate of reistration
of the said #ark in the na#e of such assinee$ and for the une%pired part of the oriinal
period.
)1;.(. The 2ffice shall record any chane of address$ or address for ser"ice$ which shall
be notified to it by the reistered owner.
)1;.3. In the absence of any pro"ision to the contrary in this Act$ co##unications to be
#ade to the reistered owner by "irtue of this Act shall be sent to hi# at his last recorded
address and$ at the sa#e$ at his last recorded address for ser"ice. &Sec. )A$ *.A. Co. )88a'
"ection 138. Certificates of Registration. - A certificate of reistration of a #ark shall be
pri#a facie e"idence of the "alidity of the reistration$ the reistrant=s ownership of the
#ark$ and of the reistrant=s e%clusi"e riht to use the sa#e in connection with the oods
or ser"ices and those that are related thereto specified in the certificate. &Sec. 0?$ *.A.
Co. )83'
"ection 139. Publication of Registered *ar&s3 Inspection of Register. - )1A.). The 2ffice
shall publish$ in the for# and within the period fi%ed by the *eulations$ the #arks
reistered$ in the order of their reistration$ reproducin all the particulars referred to in
Subsection )1;.0.
)1A.0. Marks reistered at the 2ffice #ay be inspected free of chare and any person #ay
obtain copies thereof at his own e%pense. This pro"ision shall also be applicable to
transactions recorded in respect of any reistered #ark. &n'
"ection 1/1. Cancellation upon (pplication by Registrant3 (mendment or Disclaimer of
Registration. - /pon application of the reistrant$ the 2ffice #ay per#it any reistration
to be surrendered for cancellation$ and upon cancellation the appropriate entry shall be
#ade in the records of the 2ffice. /pon application of the reistrant and pay#ent of the
prescribed fee$ the 2ffice for ood cause #ay per#it any reistration to be a#ended or to
be disclai#ed in part: Pro"ided$ That the a#end#ent or disclai#er does not alter
#aterially the character of the #ark. Appropriate entry shall be #ade in the records of the
2ffice upon the certificate of reistration or$ if said certificate is lost or destroyed$ upon a
certified copy thereof &Sec. )($ *.A. Co. )88'
"ection 1/1. Sealed and Certified Copies as +vidence. - Copies of any records$ books$
papers$ or drawins belonin to the 2ffice relatin to #arks$ and copies of reistrations$
when authenticated by the seal of the 2ffice and certified by the -irector of the
Ad#inistrati"e$ :inancial and Bu#an *esource -e"elop#ent Ser"ice 9ureau or in his
na#e by an e#ployee of the 2ffice duly authori!ed by said -irector$ shall be e"idence in
all cases wherein the oriinals would be e"idence+ and any person who applies and pays
the prescribed fee shall secure such copies. &n'
"ection 1/2. Correction of *ista&es *ade by the !ffice. - Fhene"er a #aterial #istake
in a reistration incurred throuh the fault of the 2ffice is clearly disclosed by the records
of the 2ffice$ a certificate statin the fact and nature of such #istake shall be issued
without chare$ recorded and a printed copy thereof shall be attached to each printed copy
of the reistration. Such corrected reistration shall thereafter ha"e the sa#e effect as the
oriinal certificate+ or in the discretion of the -irector of the Ad#inistrati"e$ :inancial
and Bu#an *esource -e"elop#ent Ser"ice 9ureau a new certificate of reistration #ay
be issued without chare. All certificates of correction heretofore issued in accordance
with the *eulations and the reistration to which they are attached shall ha"e the sa#e
force and effect as if such certificates and their issuance had been authori!ed by this Act.
&n'
"ection 1/3. Correction of *ista&es *ade by (pplicant. - Fhene"er a #istake is #ade in
a reistration and such #istake occurred in ood faith throuh the fault of the applicant$
the 2ffice #ay issue a certificate upon the pay#ent of the prescribed fee: Pro"ided$ That
the correction does not in"ol"e any chane in the reistration that re<uires republication
of the #ark. &n'
"ection 1//. Classification of %oods and Services. - )((.). 4ach reistration$ and any
publication of the 2ffice which concerns an application or reistration effected by the
2ffice shall indicate the oods or ser"ices by their na#es$ rouped accordin to the
classes of the Cice Classification$ and each roup shall be preceded by the nu#ber of the
class of that Classification to which that roup of oods or ser"ices belons$ presented in
the order of the classes of the said Classification.
)((.0. ,oods or ser"ices #ay not be considered as bein si#ilar or dissi#ilar to each
other on the round that$ in any reistration or publication by the 2ffice$ they appear in
different classes of the Cice Classification. &Sec. 8$ *.A. Co. )88a'
"ection 1/0. Duration. - A certificate of reistration shall re#ain in force for ten &)?'
years: Pro"ided$ That the reistrant shall file a declaration of actual use and e"idence to
that effect$ or shall show "alid reasons based on the e%istence of obstacles to such use$ as
prescribed by the *eulations$ within one &)' year fro# the fifth anni"ersary of the date
of the reistration of the #ark. 2therwise$ the #ark shall be re#o"ed fro# the *eister
by the 2ffice. &Sec. )0$ *.A. Co. )88a'
"ection 1/6. Rene-al. - )(8.). A certificate of reistration #ay be renewed for periods of
ten &)?' years at its e%piration upon pay#ent of the prescribed fee and upon filin of a
re<uest. The re<uest shall contain the followin indications:
&a' An indication that renewal is souht+
&b' The na#e and address of the reistrant or his successor-in-interest$ hereafter
referred to as the "riht holder"+
&c' The reistration nu#ber of the reistration concerned+
&d' The filin date of the application which resulted in the reistration concerned
to be renewed+
&e' Fhere the riht holder has a representati"e$ the na#e and address of that
representati"e+
&f' The na#es of the recorded oods or ser"ices for which the renewal is
re<uested or the na#es of the recorded oods or ser"ices for which the renewal is
not re<uested$ rouped accordin to the classes of the Cice Classification to
which that roup of oods or ser"ices belons and presented in the order of the
classes of the said Classification+ and
&' A sinature by the riht holder or his representati"e.
)(8.0. Such re<uest shall be in :ilipino or 4nlish and #ay be #ade at any ti#e within
si% &8' #onths before the e%piration of the period for which the reistration was issued or
renewed$ or it #ay be #ade within si% &8' #onths after such e%piration on pay#ent of the
additional fee herein prescribed.
)(8.1. If the 2ffice refuses to renew the reistration$ it shall notify the reistrant of his
refusal and the reasons therefor.
)(8.(. An applicant for renewal not do#iciled in the Philippines shall be sub7ect to and
co#ply with the re<uire#ents of this Act. &Sec. )3$ *.A. Co. )88a'
"ection 1/. Rights Conferred. - )(;.). The owner of a reistered #ark shall ha"e the
e%clusi"e riht to pre"ent all third parties not ha"in the owner=s consent fro# usin in
the course of trade identical or si#ilar sins or containers for oods or ser"ices which are
identical or si#ilar to those in respect of which the trade#ark is reistered where such
use would result in a likelihood of confusion. In case of the use of an identical sin for
identical oods or ser"ices$ a likelihood of confusion shall be presu#ed.
)(;.0. The e%clusi"e riht of the owner of a well-known #ark defined in Subsection
)01.)&e' which is reistered in the Philippines$ shall e%tend to oods and ser"ices which
are not si#ilar to those in respect of which the #ark is reistered: Pro"ided$ That use of
that #ark in relation to those oods or ser"ices would indicate a connection between
those oods or ser"ices and the owner of the reistered #ark: Pro"ided further$ That the
interests of the owner of the reistered #ark are likely to be da#aed by such use. &n'
"ection 1/8. ,se of Indications by Third Parties for Purposes !ther than those for -hich
the *ar& is ,sed. - *eistration of the #ark shall not confer on the reistered owner the
riht to preclude third parties fro# usin bona fide their na#es$ addresses$ pseudony#s$ a
eoraphical na#e$ or e%act indications concernin the kind$ <uality$ <uantity$
destination$ "alue$ place of oriin$ or ti#e of production or of supply$ of their oods or
ser"ices: Pro"ided$ That such use is confined to the purposes of #ere identification or
infor#ation and cannot #islead the public as to the source of the oods or ser"ices. &n'
"ection 1/9. (ssignment and Transfer of (pplication and Registration. - )(A.). An
application for reistration of a #ark$ or its reistration$ #ay be assined or transferred
with or without the transfer of the business usin the #ark. &n'
)(A.0. Such assin#ent or transfer shall$ howe"er$ be null and "oid if it is liable to
#islead the public$ particularly as reards the nature$ source$ #anufacturin process$
characteristics$ or suitability for their purpose$ of the oods or ser"ices to which the #ark
is applied.
)(A.1. The assin#ent of the application for reistration of a #ark$ or of its reistration$
shall be in writin and re<uire the sinatures of the contractin parties. Transfers by
#erers or other for#s of succession #ay be #ade by any docu#ent supportin such
transfer.
)(A.(. Assin#ents and transfers of reistrations of #arks shall be recorded at the 2ffice
on pay#ent of the prescribed fee+ assin#ent and transfers of applications for reistration
shall$ on pay#ent of the sa#e fee$ be pro"isionally recorded$ and the #ark$ when
reistered$ shall be in the na#e of the assinee or transferee.
)(A.3. Assin#ents and transfers shall ha"e no effect aainst third parties until they are
recorded at the 2ffice. &Sec. 1)$ *.A. Co. )88a'
"ection 101. 'icense Contracts. - )3?.). Any license contract concernin the reistration
of a #ark$ or an application therefor$ shall pro"ide for effecti"e control by the licensor of
the <uality of the oods or ser"ices of the licensee in connection with which the #ark is
used. If the license contract does not pro"ide for such <uality control$ or if such <uality
control is not effecti"ely carried out$ the license contract shall not be "alid.
)3?.0. A license contract shall be sub#itted to the 2ffice which shall keep its contents
confidential but shall record it and publish a reference thereto. A license contract shall
ha"e no effect aainst third parties until such recordin is effected. The *eulations shall
fi% the procedure for the recordin of the license contract. &n'
"ection 101. Cancellation. - )3).). A petition to cancel a reistration of a #ark under this
Act #ay be filed with the 9ureau of .eal Affairs by any person who belie"es that he is
or will be da#aed by the reistration of a #ark under this Act as follows:
&a' Fithin fi"e &3' years fro# the date of the reistration of the #ark under this
Act.
&b' At any ti#e$ if the reistered #ark beco#es the eneric na#e for the oods or
ser"ices$ or a portion thereof$ for which it is reistered$ or has been abandoned$ or
its reistration was obtained fraudulently or contrary to the pro"isions of this Act$
or if the reistered #ark is bein used by$ or with the per#ission of$ the reistrant
so as to #isrepresent the source of the oods or ser"ices on or in connection with
which the #ark is used. If the reistered #ark beco#es the eneric na#e for less
than all of the oods or ser"ices for which it is reistered$ a petition to cancel the
reistration for only those oods or ser"ices #ay be filed. A reistered #ark shall
not be dee#ed to be the eneric na#e of oods or ser"ices solely because such
#ark is also used as a na#e of or to identify a uni<ue product or ser"ice. The
pri#ary sinificance of the reistered #ark to the rele"ant public rather than
purchaser #oti"ation shall be the test for deter#inin whether the reistered #ark
has beco#e the eneric na#e of oods or ser"ices on or in connection with which
it has been used. &n'
&c' At any ti#e$ if the reistered owner of the #ark without leiti#ate reason fails
to use the #ark within the Philippines$ or to cause it to be used in the Philippines
by "irtue of a license durin an uninterrupted period of three &1' years or loner.
)3).0. Cotwithstandin the foreoin pro"isions$ the court or the ad#inistrati"e aency
"ested with 7urisdiction to hear and ad7udicate any action to enforce the rihts to a
reistered #ark shall likewise e%ercise 7urisdiction to deter#ine whether the reistration
of said #ark #ay be cancelled in accordance with this Act. The filin of a suit to enforce
the reistered #ark with the proper court or aency shall e%clude any other court or
aency fro# assu#in 7urisdiction o"er a subse<uently filed petition to cancel the sa#e
#ark. 2n the other hand$ the earlier filin of petition to cancel the #ark with the 9ureau
of .eal Affairs shall not constitute a pre7udicial <uestion that #ust be resol"ed before an
action to enforce the rihts to sa#e reistered #ark #ay be decided. &Sec. );$ *.A. Co.
)88a'
"ection 102. /on0use of a *ar& 8hen +2cused. - )30.). Con-use of a #ark #ay be
e%cused if caused by circu#stances arisin independently of the will of the trade#ark
owner. .ack of funds shall not e%cuse non-use of a #ark.
)30.0. The use of the #ark in a for# different fro# the for# in which it is reistered$
which does not alter its distincti"e character$ shall not be round for cancellation or
re#o"al of the #ark and shall not di#inish the protection ranted to the #ark.
)30.1. The use of a #ark in connection with one or #ore of the oods or ser"ices
belonin to the class in respect of which the #ark is reistered shall pre"ent its
cancellation or re#o"al in respect of all other oods or ser"ices of the sa#e class.
)30.(. The use of a #ark by a co#pany related with the reistrant or applicant shall inure
to the latter=s benefit$ and such use shall not affect the "alidity of such #ark or of its
reistration: Pro"ided$ That such #ark is not used in such #anner as to decei"e the
public. If use of a #ark by a person is controlled by the reistrant or applicant with
respect to the nature and <uality of the oods or ser"ices$ such use shall inure to the
benefit of the reistrant or applicant. &n'
"ection 103. Re.uirements of Petition3 /otice and Hearing. - Insofar as applicable$ the
petition for cancellation shall be in the sa#e for# as that pro"ided in Section )1( hereof$
and notice and hearin shall be as pro"ided in Section )13 hereof.
"ection 10/. Cancellation of Registration. - If the 9ureau of .eal Affairs finds that a
case for cancellation has been #ade out$ it shall order the cancellation of the reistration.
Fhen the order or 7ud#ent beco#es final$ any riht conferred by such reistration upon
the reistrant or any person in interest of record shall ter#inate. Cotice of cancellation
shall be published in the IP2 ,a!ette. &Sec. )A$ *.A. Co. )88a'
"ection 100. Remedies3 Infringement. - Any person who shall$ without the consent of the
owner of the reistered #ark:
)33.). /se in co##erce any reproduction$ counterfeit$ copy$ or colorable i#itation of a
reistered #ark or the sa#e container or a do#inant feature thereof in connection with
the sale$ offerin for sale$ distribution$ ad"ertisin of any oods or ser"ices includin
other preparatory steps necessary to carry out the sale of any oods or ser"ices on or in
connection with which such use is likely to cause confusion$ or to cause #istake$ or to
decei"e+ or
)33.0. *eproduce$ counterfeit$ copy or colorably i#itate a reistered #ark or a do#inant
feature thereof and apply such reproduction$ counterfeit$ copy or colorable i#itation to
labels$ sins$ prints$ packaes$ wrappers$ receptacles or ad"ertise#ents intended to be
used in co##erce upon or in connection with the sale$ offerin for sale$ distribution$ or
ad"ertisin of oods or ser"ices on or in connection with which such use is likely to
cause confusion$ or to cause #istake$ or to decei"e$ shall be liable in a ci"il action for
infrine#ent by the reistrant for the re#edies hereinafter set forth: Pro"ided$ That the
infrine#ent takes place at the #o#ent any of the acts stated in Subsection )33.) or this
subsection are co##itted reardless of whether there is actual sale of oods or ser"ices
usin the infrinin #aterial. &Sec. 00$ *.A. Co )88a'
"ection 106. (ctions) and Damages and In1unction for Infringement. - )38.). The owner
of a reistered #ark #ay reco"er da#aes fro# any person who infrines his rihts$ and
the #easure of the da#aes suffered shall be either the reasonable profit which the
co#plainin party would ha"e #ade$ had the defendant not infrined his rihts$ or the
profit which the defendant actually #ade out of the infrine#ent$ or in the e"ent such
#easure of da#aes cannot be readily ascertained with reasonable certainty$ then the
court #ay award as da#aes a reasonable percentae based upon the a#ount of ross
sales of the defendant or the "alue of the ser"ices in connection with which the #ark or
trade na#e was used in the infrine#ent of the rihts of the co#plainin party. &Sec. 01$
first par.$ *.A. Co. )88a'
)38.0. 2n application of the co#plainant$ the court #ay i#pound durin the pendency of
the action$ sales in"oices and other docu#ents e"idencin sales. &n'
)38.1. In cases where actual intent to #islead the public or to defraud the co#plainant is
shown$ in the discretion of the court$ the da#aes #ay be doubled. &Sec. 01$ first par.$
*.A. Co. )88'
)38.(. The co#plainant$ upon proper showin$ #ay also be ranted in7unction. &Sec. 01$
second par.$ *.A. Co. )88a'
"ection 10. Po-er of Court to !rder Infringing *aterial Destroyed. - )3;.) In any
action arisin under this Act$ in which a "iolation of any riht of the owner of the
reistered #ark is established$ the court #ay order that oods found to be infrinin be$
without co#pensation of any sort$ disposed of outside the channels of co##erce in such
a #anner as to a"oid any har# caused to the riht holder$ or destroyed+ and all labels$
sins$ prints$ packaes$ wrappers$ receptacles and ad"ertise#ents in the possession of the
defendant$ bearin the reistered #ark or trade na#e or any reproduction$ counterfeit$
copy or colorable i#itation thereof$ all plates$ #olds$ #atrices and other #eans of #akin
the sa#e$ shall be deli"ered up and destroyed.
)3;.0. In reard to counterfeit oods$ the si#ple re#o"al of the trade#ark affi%ed shall
not be sufficient other than in e%ceptional cases which shall be deter#ined by the
*eulations$ to per#it the release of the oods into the channels of co##erce. &Sec. 0($
*.A. Co. )88a'
"ection 108. Damages3 Re.uirement of /otice. - In any suit for infrine#ent$ the owner
of the reistered #ark shall not be entitled to reco"er profits or da#aes unless the acts
ha"e been co##itted with knowlede that such i#itation is likely to cause confusion$ or
to cause #istake$ or to decei"e. Such knowlede is presu#ed if the reistrant i"es notice
that his #ark is reistered by displayin with the #ark the words ="*eistered Mark" or
the letter * within a circle or if the defendant had otherwise actual notice of the
reistration. &Sec. 0)$ *.A. Co. )88a'
"ection 109. 'imitations to (ctions for Infringement. - Cotwithstandin any other
pro"ision of this Act$ the re#edies i"en to the owner of a riht infrined under this Act
shall be li#ited as follows:
)3A.). Cotwithstandin the pro"isions of Section )33 hereof$ a reistered #ark shall ha"e
no effect aainst any person who$ in ood faith$ before the filin date or the priority date$
was usin the #ark for the purposes of his business or enterprise: Pro"ided$ That his riht
#ay only be transferred or assined toether with his enterprise or business or with that
part of his enterprise or business in which the #ark is used.
)3A.0. Fhere an infriner who is enaed solely in the business of printin the #ark or
other infrinin #aterials for others is an innocent infriner$ the owner of the riht
infrined shall be entitled as aainst such infriner only to an in7unction aainst future
printin.
)3A.1. Fhere the infrine#ent co#plained of is contained in or is part of paid
ad"ertise#ent in a newspaper$ #aa!ine$ or other si#ilar periodical or in an electronic
co##unication$ the re#edies of the owner of the riht infrined as aainst the publisher
or distributor of such newspaper$ #aa!ine$ or other si#ilar periodical or electronic
co##unication shall be li#ited to an in7unction aainst the presentation of such
ad"ertisin #atter in future issues of such newspapers$ #aa!ines$ or other si#ilar
periodicals or in future trans#issions of such electronic co##unications. The li#itations
of this subpararaph shall apply only to innocent infriners: Pro"ided$ That such
in7uncti"e relief shall not be a"ailable to the owner of the riht infrined with respect to
an issue of a newspaper$ #aa!ine$ or other si#ilar periodical or an electronic
co##unication containin infrinin #atter where restrainin the disse#ination of such
infrinin #atter in any particular issue of such periodical or in an electronic
co##unication would delay the deli"ery of such issue or trans#ission of such electronic
co##unication is custo#arily conducted in accordance with the sound business practice$
and not due to any #ethod or de"ice adopted to e"ade this section or to pre"ent or delay
the issuance of an in7unction or restrainin order with respect to such infrinin #atter.
&n'
"ection 161. Right of oreign Corporation to Sue in Trademar& or Service *ar&
+nforcement (ction. - Any forein national or 7uridical person who #eets the
re<uire#ents of Section 1 of this Act and does not enae in business in the Philippines
#ay brin a ci"il or ad#inistrati"e action hereunder for opposition$ cancellation$
infrine#ent$ unfair co#petition$ or false desination of oriin and false description$
whether or not it is licensed to do business in the Philippines under e%istin laws. &Sec.
0)-A$ *.A. Co. )88a'
"ection 161. (uthority to Determine Right to Registration. - In any action in"ol"in a
reistered #ark$ the court #ay deter#ine the riht to reistration$ order the cancellation
of a reistration$ in whole or in part$ and otherwise rectify the reister with respect to the
reistration of any party to the action in the e%ercise of this. Hud#ent and orders shall be
certified by the court to the -irector$ who shall #ake appropriate entry upon the records
of the 9ureau$ and shall be controlled thereby. &Sec. 03$ *.A. Co. )88a'
"ection 162. (ction for alse or raudulent Declaration. - Any person who shall procure
reistration in the 2ffice of a #ark by a false or fraudulent declaration or representation$
whether oral or in writin$ or by any false #eans$ shall be liable in a ci"il action by any
person in7ured thereby for any da#aes sustained in conse<uence thereof &Sec. 08$ *.A.
Co. )88'
"ection 163. 5urisdiction of Court. - All actions under Sections )3?$ )33$ )8($ and )88 to
)8A shall be brouht before the proper courts with appropriate 7urisdiction under e%istin
laws. &Sec. 0;$ *.A. Co. )88'
"ection 16/. /otice of iling Suit %iven to the Director. - It shall be the duty of the
clerks of such courts within one &)' #onth after the filin of any action$ suit$ or
proceedin in"ol"in a #ark reistered under the pro"isions of this Act$ to notify the
-irector in writin settin forth: the na#es and addresses of the litiants and desinatin
the nu#ber of the reistration or reistrations and within one &)' #onth after the
7ud#ent is entered or an appeal is taken$ the clerk of court shall i"e notice thereof to
the 2ffice$ and the latter shall endorse the sa#e upon the filewrapper of the said
reistration or reistrations and incorporate the sa#e as a part of the contents of said
filewrapper. &n'
"ection 160. Trade /ames or Business /ames. - )83.). A na#e or desination #ay not
be used as a trade na#e if by its nature or the use to which such na#e or desination #ay
be put$ it is contrary to public order or #orals and if$ in particular$ it is liable to decei"e
trade circles or the public as to the nature of the enterprise identified by that na#e.
)83.0.&a' Cotwithstandin any laws or reulations pro"idin for any obliation to reister
trade na#es$ such na#es shall be protected$ e"en prior to or without reistration$ aainst
any unlawful act co##itted by third parties.
&b' In particular$ any subse<uent use of the trade na#e by a third party$ whether as
a trade na#e or a #ark or collecti"e #ark$ or any such use of a si#ilar trade na#e
or #ark$ likely to #islead the public$ shall be dee#ed unlawful.
)83.1. The re#edies pro"ided for in Sections )31 to )38 and Sections )88 and )8; shall
apply #utatis #utandis.
)83.(. Any chane in the ownership of a trade na#e shall be #ade with the transfer of the
enterprise or part thereof identified by that na#e. The pro"isions of Subsections )(A.0 to
)(A.( shall apply #utatis #utandis.
"ection 166. %oods Bearing Infringing *ar&s or Trade /ames. - Co article of i#ported
#erchandise which shall copy or si#ulate the na#e of any do#estic product$ or
#anufacturer$ or dealer$ or which shall copy or si#ulate a #ark reistered in accordance
with the pro"isions of this Act$ or shall bear a #ark or trade na#e calculated to induce the
public to belie"e that the article is #anufactured in the Philippines$ or that it is
#anufactured in any forein country or locality other than the country or locality where it
is in fact #anufactured$ shall be ad#itted to entry at any custo#house of the Philippines.
In order to aid the officers of the custo#s ser"ice in enforcin this prohibition$ any person
who is entitled to the benefits of this Act$ #ay re<uire that his na#e and residence$ and
the na#e of the locality in which his oods are #anufactured$ a copy of the certificate of
reistration of his #ark or trade na#e$ to be recorded in books which shall be kept for
this purpose in the 9ureau of Custo#s$ under such reulations as the Collector of
Custo#s with the appro"al of the Secretary of :inance shall prescribe$ and #ay furnish to
the said 9ureau facsi#iles of his na#e$ the na#e of the locality in which his oods are
#anufactured$ or his reistered #ark or trade na#e$ and thereupon the Collector of
Custo#s shall cause one &)' or #ore copies of the sa#e to be trans#itted to each
collector or to other proper officer of the 9ureau of Custo#s. &Sec. 13$ *.A. Co. )88'
"ection 16. Collective *ar&s. - )8;.). Sub7ect to Subsections )8;.0 and )8;.1$ Sections
)00 to )8( and )88 shall apply to collecti"e #arks$ e%cept that references therein to
"#ark" shall be read as "collecti"e #ark".
)8;.0.&a' An application for reistration of a collecti"e #ark shall desinate the #ark as a
collecti"e #ark and shall be acco#panied by a copy of the aree#ent$ if any$ o"ernin
the use of the collecti"e #ark.
&b' The reistered owner of a collecti"e #ark shall notify the -irector of any
chanes #ade in respect of the aree#ent referred to in pararaph &a'.
)8;.1. In addition to the rounds pro"ided in Section )(A$ the Court shall cancel the
reistration of a collecti"e #ark if the person re<uestin the cancellation pro"es that only
the reistered owner uses the #ark$ or that he uses or per#its its use in contra"ention of
the aree#ents referred to in Subsection )88.0 or that he uses or per#its its use in a
#anner liable to decei"e trade circles or the public as to the oriin or any other co##on
characteristics of the oods or ser"ices concerned.
)8;.(. The reistration of a collecti"e #ark$ or an application therefor shall not be the
sub7ect of a license contract. &Sec. (?$ *.A. Co. )88a'
"ection 168. ,nfair Competition) Rights) Regulation and Remedies. - )8@.). A person
who has identified in the #ind of the public the oods he #anufactures or deals in$ his
business or ser"ices fro# those of others$ whether or not a reistered #ark is e#ployed$
has a property riht in the oodwill of the said oods$ business or ser"ices so identified$
which will be protected in the sa#e #anner as other property rihts.
)8@.0. Any person who shall e#ploy deception or any other #eans contrary to ood faith
by which he shall pass off the oods #anufactured by hi# or in which he deals$ or his
business$ or ser"ices for those of the one ha"in established such oodwill$ or who shall
co##it any acts calculated to produce said result$ shall be uilty of unfair co#petition$
and shall be sub7ect to an action therefor.
)8@.1. In particular$ and without in any way li#itin the scope of protection aainst
unfair co#petition$ the followin shall be dee#ed uilty of unfair co#petition:
&a' Any person$ who is sellin his oods and i"es the# the eneral appearance of
oods of another #anufacturer or dealer$ either as to the oods the#sel"es or in
the wrappin of the packaes in which they are contained$ or the de"ices or words
thereon$ or in any other feature of their appearance$ which would be likely to
influence purchasers to belie"e that the oods offered are those of a #anufacturer
or dealer$ other than the actual #anufacturer or dealer$ or who otherwise clothes
the oods with such appearance as shall decei"e the public and defraud another of
his leiti#ate trade$ or any subse<uent "endor of such oods or any aent of any
"endor enaed in sellin such oods with a like purpose+
&b' Any person who by any artifice$ or de"ice$ or who e#ploys any other #eans
calculated to induce the false belief that such person is offerin the ser"ices of
another who has identified such ser"ices in the #ind of the public+ or
&c' Any person who shall #ake any false state#ent in the course of trade or who
shall co##it any other act contrary to ood faith of a nature calculated to
discredit the oods$ business or ser"ices of another.
)8@.(. The re#edies pro"ided by Sections )38$ )3; and )8) shall apply #utatis
#utandis. &Sec. 0A$ *.A. Co. )88a'
"ection 169. alse Designations of !rigin3 alse Description or Representation. - )8A.).
Any person who$ on or in connection with any oods or ser"ices$ or any container for
oods$ uses in co##erce any word$ ter#$ na#e$ sy#bol$ or de"ice$ or any co#bination
thereof$ or any false desination of oriin$ false or #isleadin description of fact$ or false
or #isleadin representation of fact$ which:
&a' Is likely to cause confusion$ or to cause #istake$ or to decei"e as to the
affiliation$ connection$ or association of such person with another person$ or as to
the oriin$ sponsorship$ or appro"al of his or her oods$ ser"ices$ or co##ercial
acti"ities by another person+ or
&b' In co##ercial ad"ertisin or pro#otion$ #isrepresents the nature$
characteristics$ <ualities$ or eoraphic oriin of his or her or another person=s
oods$ ser"ices$ or co##ercial acti"ities$ shall be liable to a ci"il action for
da#aes and in7unction pro"ided in Sections )38 and )3; of this Act by any
person who belie"es that he or she is or is likely to be da#aed by such act.
)8A.0. Any oods #arked or labelled in contra"ention of the pro"isions of this Section
shall not be i#ported into the Philippines or ad#itted entry at any custo#house of the
Philippines. The owner$ i#porter$ or consinee of oods refused entry at any
custo#house under this section #ay ha"e any recourse under the custo#s re"enue laws
or #ay ha"e the re#edy i"en by this Act in cases in"ol"in oods refused entry or
sei!ed. &Sec. 1?$ *.A. Co. )88a'
"ection 11. Penalties. - Independent of the ci"il and ad#inistrati"e sanctions i#posed
by law$ a cri#inal penalty of i#prison#ent fro# two &0' years to fi"e &3' years and a fine
ranin fro# :ifty thousand pesos &P3?$???' to Two hundred thousand pesos&P0??$???'$
shall be i#posed on any person who is found uilty of co##ittin any of the acts
#entioned in Section )33$ Section )8@ and Subsection )8A.). &Arts. )@@ and )@A$
*e"ised Penal Code'
PART #-
T&! 'A. )N C)P*R#%&T
C&APT!R #
PR!'#2#NAR* PR)-#"#)N"
"ection 11. Definitions. - :or the purpose of this Act$ the followin ter#s ha"e the
followin #eanin:
);).). "Author" is the natural person who has created the work+
);).0. A "collecti"e work" is a work which has been created by two &0' or #ore natural
persons at the initiati"e and under the direction of another with the understandin that it
will be disclosed by the latter under his own na#e and that contributin natural persons
will not be identified+
);).1. "Co##unication to the public" or "co##unicate to the public" #eans the #akin
of a work a"ailable to the public by wire or wireless #eans in such a way that #e#bers
of the public #ay access these works fro# a place and ti#e indi"idually chosen by the#+
);).(. A "co#puter" is an electronic or si#ilar de"ice ha"in infor#ation-processin
capabilities$ and a "co#puter prora#" is a set of instructions e%pressed in words$ codes$
sche#es or in any other for#$ which is capable when incorporated in a #ediu# that the
co#puter can read$ of causin the co#puter to perfor# or achie"e a particular task or
result+
);).3. "Public lendin" is the transfer of possession of the oriinal or a copy of a work or
sound recordin for a li#ited period$ for non-profit purposes$ by an institution the
ser"ices of which are a"ailable to the public$ such as public library or archi"e+
);).8. "Public perfor#ance"$ in the case of a work other than an audio"isual work$ is the
recitation$ playin$ dancin$ actin or otherwise perfor#in the work$ either directly or
by #eans of any de"ice or process+ in the case of an audio"isual work$ the showin of its
i#aes in se<uence and the #akin of the sounds acco#panyin it audible+ and$ in the
case of a sound recordin$ #akin the recorded sounds audible at a place or at places
where persons outside the nor#al circle of a fa#ily and that fa#ily=s closest social
ac<uaintances are or can be present$ irrespecti"e of whether they are or can be present at
the sa#e place and at the sa#e ti#e$ or at different places andGor at different ti#es$ and
where the perfor#ance can be percei"ed without the need for co##unication within the
#eanin of Subsection );).1+
);).;. "Published works" #eans works$ which$ with the consent of the authors$ are #ade
a"ailable to the public by wire or wireless #eans in such a way that #e#bers of the
public #ay access these works fro# a place and ti#e indi"idually chosen by the#:
Pro"ided$ That a"ailability of such copies has been such$ as to satisfy the reasonable
re<uire#ents of the public$ ha"in reard to the nature of the work+
);).@. "*ental" is the transfer of the possession of the oriinal or a copy of a work or a
sound recordin for a li#ited period of ti#e$ for profit-#akin purposes+
);).A. "*eproduction" is the #akin of one &)' or #ore copies of a work or a sound
recordin in any #anner or for# &Sec. () &4'$ P.-. Co. (A a'+
);).)?. A "work of applied art" is an artistic creation with utilitarian functions or
incorporated in a useful article$ whether #ade by hand or produced on an industrial scale+
);).)). A "work of the ,o"ern#ent of the Philippines" is a work created by an officer or
e#ployee of the Philippine ,o"ern#ent or any of its subdi"isions and instru#entalities$
includin o"ern#ent-owned or controlled corporations as a part of his reularly
prescribed official duties.
C&APT!R ##
)R#%#NA' .)R4"
"ection 12. 'iterary and (rtistic 8or&s. - );0.). .iterary and artistic works$ hereinafter
referred to as "works"$ are oriinal intellectual creations in the literary and artistic do#ain
protected fro# the #o#ent of their creation and shall include in particular:
&a' 9ooks$ pa#phlets$ articles and other writins+
&b' Periodicals and newspapers+
&c' .ectures$ ser#ons$ addresses$ dissertations prepared for oral deli"ery$ whether
or not reduced in writin or other #aterial for#+
&d' .etters+
&e' -ra#atic or dra#atico-#usical co#positions+ choreoraphic works or
entertain#ent in du#b shows+
&f' Musical co#positions$ with or without words+
&' Forks of drawin$ paintin$ architecture$ sculpture$ enra"in$ lithoraphy or
other works of art+ #odels or desins for works of art+
&h' 2riinal orna#ental desins or #odels for articles of #anufacture$ whether or
not reistrable as an industrial desin$ and other works of applied art+
&i' Illustrations$ #aps$ plans$ sketches$ charts and three-di#ensional works
relati"e to eoraphy$ toporaphy$ architecture or science+
&7' -rawins or plastic works of a scientific or technical character+
&k' Photoraphic works includin works produced by a process analoous to
photoraphy+ lantern slides+
&l' Audio"isual works and cine#atoraphic works and works produced by a
process analoous to cine#atoraphy or any process for #akin audio-"isual
recordins+
&#' Pictorial illustrations and ad"ertise#ents+
&n' Co#puter prora#s+ and
&o' 2ther literary$ scholarly$ scientific and artistic works.
);0.0. Forks are protected by the sole fact of their creation$ irrespecti"e of their #ode or
for# of e%pression$ as well as of their content$ <uality and purpose. &Sec. 0$ P.-. Co. (Aa'
C&APT!R ###
+!R#-AT#-! .)R4"
"ection 13. Derivative 8or&s. - );1.). The followin deri"ati"e works shall also be
protected by copyriht:
&a' -ra#ati!ations$ translations$ adaptations$ abrid#ents$ arrane#ents$ and
other alterations of literary or artistic works+ and
&b' Collections of literary$ scholarly or artistic works$ and co#pilations of data
and other #aterials which are oriinal by reason of the selection or coordination
or arrane#ent of their contents. &Sec. 0$ DPE and D>E$ P.-. Co. (A'
);1.0. The works referred to in pararaphs &a' and &b' of Subsection );1.) shall be
protected as new works: Pro"ided howe"er$ That such new work shall not affect the force
of any subsistin copyriht upon the oriinal works e#ployed or any part thereof$ or be
construed to i#ply any riht to such use of the oriinal works$ or to secure or e%tend
copyriht in such oriinal works. &Sec. @$ P.-. (A+ Art. )?$ T*IPS'
"ection 1/. Published +dition of 8or&. - In addition to the riht to publish ranted by
the author$ his heirs$ or assins$ the publisher shall ha"e a copyriht consistin #erely of
the riht of reproduction of the typoraphical arrane#ent of the published edition of the
work. &n'
C&APT!R #-
.)R4" N)T PR)T!CT!+
"ection 10. ,nprotected Sub1ect *atter. - Cotwithstandin the pro"isions of Sections
);0 and );1$ no protection shall e%tend$ under this law$ to any idea$ procedure$ syste#$
#ethod or operation$ concept$ principle$ disco"ery or #ere data as such$ e"en if they are
e%pressed$ e%plained$ illustrated or e#bodied in a work+ news of the day and other
#iscellaneous facts ha"in the character of #ere ite#s of press infor#ation+ or any
official te%t of a leislati"e$ ad#inistrati"e or leal nature$ as well as any official
translation thereof &n'
"ection 16. 8or&s of the %overnment. - );8.). Co copyriht shall subsist in any work of
the ,o"ern#ent of the Philippines. Bowe"er$ prior appro"al of the o"ern#ent aency or
office wherein the work is created shall be necessary for e%ploitation of such work for
profit. Such aency or office #ay$ a#on other thins$ i#pose as a condition the pay#ent
of royalties. Co prior appro"al or conditions shall be re<uired for the use of any purpose
of statutes$ rules and reulations$ and speeches$ lectures$ ser#ons$ addresses$ and
dissertations$ pronounced$ read or rendered in courts of 7ustice$ before ad#inistrati"e
aencies$ in deliberati"e asse#blies and in #eetins of public character. &Sec. A$ first par.$
P.-. Co. (A'
);8.0. The author of speeches$ lectures$ ser#ons$ addresses$ and dissertations #entioned
in the precedin pararaphs shall ha"e the e%clusi"e riht of #akin a collection of his
works. &n'
);8.1. Cotwithstandin the foreoin pro"isions$ the ,o"ern#ent is not precluded fro#
recei"in and holdin copyrihts transferred to it by assin#ent$ be<uest or otherwise+
nor shall publication or republication by the ,o"ern#ent in a public docu#ent of any
work in which copyriht is subsistin be taken to cause any abrid#ent or annul#ent of
the copyriht or to authori!e any use or appropriation of such work without the consent
of the copyriht owner. &Sec. A$ third par.$ P.-. Co. (A'
C&APT!R -
C)P*R#%&T )R !C)N)2#C R#%&T"
"ection 1. Copyright or +conomic Rights. - Sub7ect to the pro"isions of Chapter 6III$
copyriht or econo#ic rihts shall consist of the e%clusi"e riht to carry out$ authori!e or
pre"ent the followin acts:
);;.). *eproduction of the work or substantial portion of the work+
);;.0. -ra#ati!ation$ translation$ adaptation$ abrid#ent$ arrane#ent or other
transfor#ation of the work+
);;.1. The first public distribution of the oriinal and each copy of the work by sale or
other for#s of transfer of ownership+
);;.(. *ental of the oriinal or a copy of an audio"isual or cine#atoraphic work$ a work
e#bodied in a sound recordin$ a co#puter prora#$ a co#pilation of data and other
#aterials or a #usical work in raphic for#$ irrespecti"e of the ownership of the oriinal
or the copy which is the sub7ect of the rental+ &n'
);;.3. Public display of the oriinal or a copy of the work+
);;.8. Public perfor#ance of the work+ and
);;.;. 2ther co##unication to the public of the work. &Sec. 3$ P. -. Co. (Aa'
C&APT!R -#
).N!R"&#P ), C)P*R#%&T
"ection 18. Rules on Copyright !-nership. - Copyriht ownership shall be o"erned by
the followin rules:
);@.) Sub7ect to the pro"isions of this section$ in the case of oriinal literary and artistic
works$ copyriht shall belon to the author of the work+
);@.0. In the case of works of 7oint authorship$ the co-authors shall be the oriinal owners
of the copyriht and in the absence of aree#ent$ their rihts shall be o"erned by the
rules on co-ownership. If$ howe"er$ a work of 7oint authorship consists of parts that can
be used separately and the author of each part can be identified$ the author of each part
shall be the oriinal owner of the copyriht in the part that he has created+
);@.1. In the case of work created by an author durin and in the course of his
e#ploy#ent$ the copyriht shall belon to:
&a' The e#ployee$ if the creation of the ob7ect of copyriht is not a part of his
reular duties e"en if the e#ployee uses the ti#e$ facilities and #aterials of the
e#ployer.
&b' The e#ployer$ if the work is the result of the perfor#ance of his reularly-
assined duties$ unless there is an aree#ent$ e%press or i#plied$ to the contrary.
);@.(. In the case of a work co##issioned by a person other than an e#ployer of the
author and who pays for it and the work is #ade in pursuance of the co##ission$ the
person who so co##issioned the work shall ha"e ownership of the work$ but the
copyriht thereto shall re#ain with the creator$ unless there is a written stipulation to the
contrary+
);@.3. In the case of audio"isual work$ the copyriht shall belon to the producer$ the
author of the scenario$ the co#poser of the #usic$ the fil# director$ and the author of the
work so adapted. Bowe"er$ sub7ect to contrary or other stipulations a#on the creators$
the producer shall e%ercise the copyriht to an e%tent re<uired for the e%hibition of the
work in any #anner$ e%cept for the riht to collect perfor#in license fees for the
perfor#ance of #usical co#positions$ with or without words$ which are incorporated into
the work+ and
);@.8. In respect of letters$ the copyriht shall belon to the writer sub7ect to the
pro"isions of Article ;01 of the Ci"il Code. &Sec. 8$ P.-. Co. (Aa'
"ection 19. (nonymous and Pseudonymous 8or&s. - :or purposes of this Act$ the
publishers shall be dee#ed to represent the authors of articles and other writins
published without the na#es of the authors or under pseudony#s$ unless the contrary
appears$ or the pseudony#s or adopted na#e lea"es no doubt as to the author=s identity$
or if the author of the anony#ous works discloses his identity. &Sec. ;$ P.-. (A'
C&APT!R -##
TRAN",!R )R A""#%N2!NT ), C)P*R#%&T
"ection 181. Rights of (ssignee. - )@?.). The copyriht #ay be assined in whole or in
part. Fithin the scope of the assin#ent$ the assinee is entitled to all the rihts and
re#edies which the assinor had with respect to the copyriht.
)@?.0. The copyriht is not dee#ed assined inter "i"os in whole or in part unless there is
a written indication of such intention.
)@?.1. The sub#ission of a literary$ photoraphic or artistic work to a newspaper$
#aa!ine or periodical for publication shall constitute only a license to #ake a sinle
publication unless a reater riht is e%pressly ranted. If two &0' or #ore persons 7ointly
own a copyriht or any part thereof$ neither of the owners shall be entitled to rant
licenses without the prior written consent of the other owner or owners. &Sec. )3$ P.-.
Co. (Aa'
"ection 181. Copyright and *aterial !b1ect. - The copyriht is distinct fro# the property
in the #aterial ob7ect sub7ect to it. Conse<uently$ the transfer or assin#ent of the
copyriht shall not itself constitute a transfer of the #aterial ob7ect. Cor shall a transfer or
assin#ent of the sole copy or of one or se"eral copies of the work i#ply transfer or
assin#ent of the copyriht. &Sec. )8$ P.-. Co. (A'
"ection 182. iling of (ssignment or 'icense. - An assin#ent or e%clusi"e license #ay
be filed in duplicate with the Cational .ibrary upon pay#ent of the prescribed fee for
reistration in books and records kept for the purpose. /pon recordin$ a copy of the
instru#ent shall be returned to the sender with a notation of the fact of record. Cotice of
the record shall be published in the IP2 ,a!ette. &Sec. )A$ P.-. Co. (Aa'
"ection 183. Designation of Society. - The copyriht owners or their heirs #ay desinate
a society of artists$ writers or co#posers to enforce their econo#ic rihts and #oral rihts
on their behalf. &Sec. 10$ P.-. Co. (Aa'
C&APT!R -###
'#2#TAT#)N" )N C)P*R#%&T
"ection 18/. 'imitations on Copyright. - )@(.). Cotwithstandin the pro"isions of
Chapter 6$ the followin acts shall not constitute infrine#ent of copyriht:
&a' The recitation or perfor#ance of a work$ once it has been lawfully #ade
accessible to the public$ if done pri"ately and free of chare or if #ade strictly for
a charitable or reliious institution or society+ &Sec. )?&)'$ P.-. Co. (A'
&b' The #akin of <uotations fro# a published work if they are co#patible with
fair use and only to the e%tent 7ustified for the purpose$ includin <uotations fro#
newspaper articles and periodicals in the for# of press su##aries: Pro"ided$ That
the source and the na#e of the author$ if appearin on the work$ are #entioned+
&Sec. ))$ third par.$ P.-. Co. (A'
&c' The reproduction or co##unication to the public by #ass #edia of articles on
current political$ social$ econo#ic$ scientific or reliious topic$ lectures$ addresses
and other works of the sa#e nature$ which are deli"ered in public if such use is
for infor#ation purposes and has not been e%pressly reser"ed: Pro"ided$ That the
source is clearly indicated+ &Sec. ))$ P.-. Co. (A'
&d' The reproduction and co##unication to the public of literary$ scientific or
artistic works as part of reports of current e"ents by #eans of photoraphy$
cine#atoraphy or broadcastin to the e%tent necessary for the purpose+ &Sec. )0$
P.-. Co. (A'
&e' The inclusion of a work in a publication$ broadcast$ or other co##unication to
the public$ sound recordin or fil#$ if such inclusion is #ade by way of
illustration for teachin purposes and is co#patible with fair use: Pro"ided$ That
the source and of the na#e of the author$ if appearin in the work$ are #entioned+
&f' The recordin #ade in schools$ uni"ersities$ or educational institutions of a
work included in a broadcast for the use of such schools$ uni"ersities or
educational institutions: Pro"ided$ That such recordin #ust be deleted within a
reasonable period after they were first broadcast: Pro"ided$ further$ That such
recordin #ay not be #ade fro# audio"isual works which are part of the eneral
cine#a repertoire of feature fil#s e%cept for brief e%cerpts of the work+
&' The #akin of ephe#eral recordins by a broadcastin orani!ation by #eans
of its own facilities and for use in its own broadcast+
&h' The use #ade of a work by or under the direction or control of the
,o"ern#ent$ by the Cational .ibrary or by educational$ scientific or professional
institutions where such use is in the public interest and is co#patible with fair use+
&i' The public perfor#ance or the co##unication to the public of a work$ in a
place where no ad#ission fee is chared in respect of such public perfor#ance or
co##unication$ by a club or institution for charitable or educational purpose only$
whose ai# is not profit #akin$ sub7ect to such other li#itations as #ay be
pro"ided in the *eulations+ &n'
&7' Public display of the oriinal or a copy of the work not #ade by #eans of a
fil#$ slide$ tele"ision i#ae or otherwise on screen or by #eans of any other
de"ice or process: Pro"ided$ That either the work has been published$ or$ that the
oriinal or the copy displayed has been sold$ i"en away or otherwise transferred
to another person by the author or his successor in title+ and
&k' Any use #ade of a work for the purpose of any 7udicial proceedins or for the
i"in of professional ad"ice by a leal practitioner.
)@(.0. The pro"isions of this section shall be interpreted in such a way as to allow the
work to be used in a #anner which does not conflict with the nor#al e%ploitation of the
work and does not unreasonably pre7udice the riht holder=s leiti#ate interests.
"ection 180. air ,se of a Copyrighted 8or&. - )@3.). The fair use of a copyrihted work
for criticis#$ co##ent$ news reportin$ teachin includin #ultiple copies for classroo#
use$ scholarship$ research$ and si#ilar purposes is not an infrine#ent of copyriht.
-eco#pilation$ which is understood here to be the reproduction of the code and
translation of the for#s of the co#puter prora# to achie"e the inter-operability of an
independently created co#puter prora# with other prora#s #ay also constitute fair
use. In deter#inin whether the use #ade of a work in any particular case is fair use$ the
factors to be considered shall include:
&a' The purpose and character of the use$ includin whether such use is of a
co##ercial nature or is for non-profit educational purposes+
&b' The nature of the copyrihted work+
&c' The a#ount and substantiality of the portion used in relation to the
copyrihted work as a whole+ and
&d' The effect of the use upon the potential #arket for or "alue of the copyrihted
work.
)@3.0. The fact that a work is unpublished shall not by itself bar a findin of fair use if
such findin is #ade upon consideration of all the abo"e factors.
"ection 186. 8or& of (rchitecture. - Copyriht in a work of architecture shall include the
riht to control the erection of any buildin which reproduces the whole or a substantial
part of the work either in its oriinal for# or in any for# reconi!ably deri"ed fro# the
oriinal: Pro"ided$ That the copyriht in any such work shall not include the riht to
control the reconstruction or rehabilitation in the sa#e style as the oriinal of a buildin
to which that copyriht relates. &n'
"ection 18. Reproduction of Published 8or&. - )@;.). Cotwithstandin the pro"ision of
Section );;$ and sub7ect to the pro"isions of Subsection )@;.0$ the pri"ate reproduction
of a published work in a sinle copy$ where the reproduction is #ade by a natural person
e%clusi"ely for research and pri"ate study$ shall be per#itted$ without the authori!ation of
the owner of copyriht in the work.
)@;.0. The per#ission ranted under Subsection )@;.) shall not e%tend to the
reproduction of:
&a' A work of architecture in the for# of buildin or other construction+
&b' An entire book$ or a substantial part thereof$ or of a #usical work in raphic
for# by reproraphic #eans+
&c' A co#pilation of data and other #aterials+
&d' A co#puter prora# e%cept as pro"ided in Section )@A+ and
&e' Any work in cases where reproduction would unreasonably conflict with a
nor#al e%ploitation of the work or would otherwise unreasonably pre7udice the
leiti#ate interests of the author. &n'
"ection 188. Reprographic Reproduction by 'ibraries. - )@@.). Cotwithstandin the
pro"isions of Subsection );;.8$ any library or archi"e whose acti"ities are not for profit
#ay$ without the authori!ation of the author of copyriht owner$ #ake a sinle copy of
the work by reproraphic reproduction:
&a' Fhere the work by reason of its fraile character or rarity cannot be lent to
user in its oriinal for#+
&b' Fhere the works are isolated articles contained in co#posite works or brief
portions of other published works and the reproduction is necessary to supply
the#$ when this is considered e%pedient$ to persons re<uestin their loan for
purposes of research or study instead of lendin the "olu#es or booklets which
contain the#+ and
&c' Fhere the #akin of such a copy is in order to preser"e and$ if necessary in
the e"ent that it is lost$ destroyed or rendered unusable$ replace a copy$ or to
replace$ in the per#anent collection of another si#ilar library or archi"e$ a copy
which has been lost$ destroyed or rendered unusable and copies are not a"ailable
with the publisher.
)@@.0. Cotwithstandin the abo"e pro"isions$ it shall not be per#issible to produce a
"olu#e of a work published in se"eral "olu#es or to produce #issin to#es or paes of
#aa!ines or si#ilar works$ unless the "olu#e$ to#e or part is out of stock: Pro"ided$
That e"ery library which$ by law$ is entitled to recei"e copies of a printed work$ shall be
entitled$ when special reasons so re<uire$ to reproduce a copy of a published work which
is considered necessary for the collection of the library but which is out of stock. &Sec.
)1$ P.-. (Aa'
"ection 189. Reproduction of Computer Program. - )@A.). Cotwithstandin the
pro"isions of Section );;$ the reproduction in one &)' back-up copy or adaptation of a
co#puter prora# shall be per#itted$ without the authori!ation of the author of$ or other
owner of copyriht in$ a co#puter prora#$ by the lawful owner of that co#puter
prora#: Pro"ided$ That the copy or adaptation is necessary for:
&a' The use of the co#puter prora# in con7unction with a co#puter for the
purpose$ and to the e%tent$ for which the co#puter prora# has been obtained+
and
&b' Archi"al purposes$ and$ for the replace#ent of the lawfully owned copy of the
co#puter prora# in the e"ent that the lawfully obtained copy of the co#puter
prora# is lost$ destroyed or rendered unusable.
)@A.0. Co copy or adaptation #entioned in this Section shall be used for any purpose
other than the ones deter#ined in this Section$ and any such copy or adaptation shall be
destroyed in the e"ent that continued possession of the copy of the co#puter prora#
ceases to be lawful.
)@A.1. This pro"ision shall be without pre7udice to the application of Section )@3
whene"er appropriate. &n'
"ection 191. Importation for Personal Purposes. - )A?.). Cotwithstandin the pro"ision
of Subsection );;.8$ but sub7ect to the li#itation under the Subsection )@3.0$ the
i#portation of a copy of a work by an indi"idual for his personal purposes shall be
per#itted without the authori!ation of the author of$ or other owner of copyriht in$ the
work under the followin circu#stances:
&a' Fhen copies of the work are not a"ailable in the Philippines and:
&i' Cot #ore than one &)' copy at one ti#e is i#ported for strictly
indi"idual use only+ or
&ii' The i#portation is by authority of and for the use of the Philippine
,o"ern#ent+ or
&iii' The i#portation$ consistin of not #ore than three &1' such copies or
likenesses in any one in"oice$ is not for sale but for the use only of any
reliious$ charitable$ or educational society or institution duly incorporated
or reistered$ or is for the encourae#ent of the fine arts$ or for any state
school$ collee$ uni"ersity$ or free public library in the Philippines.
&b' Fhen such copies for# parts of libraries and personal baae belonin to
persons or fa#ilies arri"in fro# forein countries and are not intended for sale:
Pro"ided$ That such copies do not e%ceed three &1'.
)A?.0. Copies i#ported as allowed by this Section #ay not lawfully be used in any way
to "iolate the rihts of owner the copyriht or annul or li#it the protection secured by this
Act$ and such unlawful use shall be dee#ed an infrine#ent and shall be punishable as
such without pre7udice to the proprietor=s riht of action.
)A?.1. Sub7ect to the appro"al of the Secretary of :inance$ the Co##issioner of Custo#s
is hereby e#powered to #ake rules and reulations for pre"entin the i#portation of
articles the i#portation of which is prohibited under this Section and under treaties and
con"entions to which the Philippines #ay be a party and for sei!in and conde#nin and
disposin of the sa#e in case they are disco"ered after they ha"e been i#ported. &Sec. 1?$
P.-. Co. (A'
C&APT!R #3
+!P)"#T AN+ N)T#C!
"ection 191. Registration and Deposit -ith /ational 'ibrary and the Supreme Court
'ibrary. - After the first public disse#ination of perfor#ance by authority of the
copyriht owner of a work fallin under Subsections );0.)$ );0.0 and );0.1 of this Act$
there shall$ for the purpose of co#pletin the records of the Cational .ibrary and the
Supre#e Court .ibrary$ within three &1' weeks$ be reistered and deposited with it$ by
personal deli"ery or by reistered #ail two &0' co#plete copies or reproductions of the
work in such for# as the directors of said libraries #ay prescribe. A certificate of deposit
shall be issued for which the prescribed fee shall be collected and the copyriht owner
shall be e%e#pt fro# #akin additional deposit of the works with the Cational .ibrary
and the Supre#e Court .ibrary under other laws. If$ within three &1' weeks after receipt
by the copyriht owner of a written de#and fro# the directors for such deposit$ the
re<uired copies or reproductions are not deli"ered and the fee is not paid$ the copyriht
owner shall be liable to pay a fine e<ui"alent to the re<uired fee per #onth of delay and
to pay to the Cational .ibrary and the Supre#e Court .ibrary the a#ount of the retail
price of the best edition of the work. 2nly the abo"e #entioned classes of work shall be
accepted for deposit by the Cational .ibrary and the Supre#e Court .ibrary. &Sec. 08$
P.-. Co. (Aa'
"ection 192. /otice of Copyright. - 4ach copy of a work published or offered for sale
#ay contain a notice bearin the na#e of the copyriht owner$ and the year of its first
publication$ and$ in copies produced after the creator=s death$ the year of such death. &Sec.
0;$ P.-. Co. (Aa'
C&APT!R 3
2)RA' R#%&T"
"ection 193. Scope of *oral Rights. - The author of a work shall$ independently of the
econo#ic rihts in Section );; or the rant of an assin#ent or license with respect to
such riht$ ha"e the riht:
)A1.). To re<uire that the authorship of the works be attributed to hi#$ in particular$ the
riht that his na#e$ as far as practicable$ be indicated in a pro#inent way on the copies$
and in connection with the public use of his work+
)A1.0. To #ake any alterations of his work prior to$ or to withhold it fro# publication+
)A1.1. To ob7ect to any distortion$ #utilation or other #odification of$ or other deroatory
action in relation to$ his work which would be pre7udicial to his honor or reputation+ and
)A1.(. To restrain the use of his na#e with respect to any work not of his own creation or
in a distorted "ersion of his work. &Sec. 1($ P.-. Co. (A'
"ection 19/. Breach of Contract. - An author cannot be co#pelled to perfor# his
contract to create a work or for the publication of his work already in e%istence. Bowe"er$
he #ay be held liable for da#aes for breach of such contract. &Sec. 13$ P.-. Co. (A'
"ection 190. 8aiver of *oral Rights. - An author #ay wai"e his rihts #entioned in
Section )A1 by a written instru#ent$ but no such wai"er shall be "alid where its effects is
to per#it another:
)A3.). To use the na#e of the author$ or the title of his work$ or otherwise to #ake use of
his reputation with respect to any "ersion or adaptation of his work which$ because of
alterations therein$ would substantially tend to in7ure the literary or artistic reputation of
another author+ or
)A3.0. To use the na#e of the author with respect to a work he did not create. &Sec. 18$
P.-. Co. (A'
"ection 196. Contribution to Collective 8or&. - Fhen an author contributes to a
collecti"e work$ his riht to ha"e his contribution attributed to hi# is dee#ed wai"ed
unless he e%pressly reser"es it. &Sec. 1;$ P.-. Co. (A'
"ection 19. +diting) (rranging and (daptation of 8or&. - In the absence of a contrary
stipulation at the ti#e an author licenses or per#its another to use his work$ the necessary
editin$ arranin or adaptation of such work$ for publication$ broadcast$ use in a #otion
picture$ dra#ati!ation$ or #echanical or electrical reproduction in accordance with the
reasonable and custo#ary standards or re<uire#ents of the #ediu# in which the work is
to be used$ shall not be dee#ed to contra"ene the author=s rihts secured by this chapter.
Cor shall co#plete destruction of a work unconditionally transferred by the author be
dee#ed to "iolate such rihts. &Sec. 1@$ P.-. Co. (A'
"ection 198. Term of *oral Rights. - )A@.). The rihts of an author under this chapter
shall last durin the lifeti#e of the author and for fifty &3?' years after his death and shall
not be assinable or sub7ect to license. The person or persons to be chared with the
posthu#ous enforce#ent of these rihts shall be na#ed in writin to be filed with the
Cational .ibrary. In default of such person or persons$ such enforce#ent shall de"ol"e
upon either the author=s heirs$ and in default of the heirs$ the -irector of the Cational
.ibrary.
)A@.0. :or purposes of this Section$ "Person" shall #ean any indi"idual$ partnership$
corporation$ association$ or society. The -irector of the Cational .ibrary #ay prescribe
reasonable fees to be chared for his ser"ices in the application of pro"isions of this
Section. &Sec. 1A$ P.-. Co. (A'
"ection 199. +nforcement Remedies. - 6iolation of any of the rihts conferred by this
Chapter shall entitle those chared with their enforce#ent to the sa#e rihts and
re#edies a"ailable to a copyriht owner. In addition$ da#aes which #ay be a"ailed of
under the Ci"il Code #ay also be reco"ered. Any da#ae reco"ered after the creator=s
death shall be held in trust for and re#itted to his heirs$ and in default of the heirs$ shall
belon to the o"ern#ent. &Sec. (?$ P - Co. (A'
C&APT!R 3#
R#%&T" T) PR)C!!+" #N "($"!5(!NT TRAN",!R"
"ection 211. Sale or 'ease of 8or&. - In e"ery sale or lease of an oriinal work of
paintin or sculpture or of the oriinal #anuscript of a writer or co#poser$ subse<uent to
the first disposition thereof by the author$ the author or his heirs shall ha"e an inalienable
riht to participate in the ross proceeds of the sale or lease to the e%tent of fi"e percent
&3I'. This riht shall e%ist durin the lifeti#e of the author and for fifty &3?' years after
his death. &Sec. 1)$ P.-. Co. (A'
"ection 211. 8or&s /ot Covered. - The pro"isions of this Chapter shall not apply to
prints$ etchins$ enra"ins$ works of applied art$ or works of si#ilar kind wherein the
author pri#arily deri"es ain fro# the proceeds of reproductions. &Sec. 11$ P.-. Co. (A'
C&APT!R 3##
R#%&T" ), P!R,)R2!R", PR)+(C!R" ), ")(N+" R!C)R+#N%" AN+
$R)A+CA"T#N% )R%AN#6AT#)N"
"ection 212. Definitions. - :or the purpose of this Act$ the followin ter#s shall ha"e the
followin #eanins:
0?0.). "Perfor#ers" are actors$ siners$ #usicians$ dancers$ and other persons who act$
sin$ declai#$ play in$ interpret$ or otherwise perfor# literary and artistic work+
0?0.0. "Sound recordin" #eans the fi%ation of the sounds of a perfor#ance or of other
sounds$ or representation of sound$ other than in the for# of a fi%ation incorporated in a
cine#atoraphic or other audio"isual work+
0?0.1. An "audio"isual work or fi%ation" is a work that consists of a series of related
i#aes which i#part the i#pression of #otion$ with or without acco#panyin sounds$
susceptible of bein #ade "isible and$ where acco#panied by sounds$ susceptible of
bein #ade audible+
0?0.(. ":i%ation" #eans the e#bodi#ent of sounds$ or of the representations thereof$
fro# which they can be percei"ed$ reproduced or co##unicated throuh a de"ice+
0?0. 3. "Producer of a sound recordin" #eans the person$ or the leal entity$ who or
which takes the initiati"e and has the responsibility for the first fi%ation of the sounds of a
perfor#ance or other sounds$ or the representation of sounds+
0?0.8. "Publication of a fi%ed perfor#ance or a sound recordin" #eans the offerin of
copies of the fi%ed perfor#ance or the sound recordin to the public$ with the consent of
the riht holder: Pro"ided$ That copies are offered to the public in reasonable <uality+
0?0.;. "9roadcastin" #eans the trans#ission by wireless #eans for the public reception
of sounds or of i#aes or of representations thereof+ such trans#ission by satellite is also
"broadcastin" where the #eans for decryptin are pro"ided to the public by the
broadcastin orani!ation or with its consent+
0?0.@. "9roadcastin orani!ation" shall include a natural person or a 7uridical entity duly
authori!ed to enae in broadcastin+ and
0?0.A "Co##unication to the public of a perfor#ance or a sound recordin" #eans the
trans#ission to the public$ by any #ediu#$ otherwise than by broadcastin$ of sounds of
a perfor#ance or the representations of sounds fi%ed in a sound recordin. :or purposes
of Section 0?A$ "co##unication to the public" includes #akin the sounds or
representations of sounds fi%ed in a sound recordin audible to the public.
"ection 213. Scope of Performers6 Rights. - Sub7ect to the pro"isions of Section 0)0$
perfor#ers shall en7oy the followin e%clusi"e rihts:
0?1.). As reards their perfor#ances$ the riht of authori!in:
&a' The broadcastin and other co##unication to the public of their perfor#ance+
and
&b' The fi%ation of their unfi%ed perfor#ance.
0?1.0. The riht of authori!in the direct or indirect reproduction of their perfor#ances
fi%ed in sound recordins$ in any #anner or for#+
0?1.1. Sub7ect to the pro"isions of Section 0?8$ the riht of authori!in the first public
distribution of the oriinal and copies of their perfor#ance fi%ed in the sound recordin
throuh sale or rental or other for#s of transfer of ownership+
0?1.(. The riht of authori!in the co##ercial rental to the public of the oriinal and
copies of their perfor#ances fi%ed in sound recordins$ e"en after distribution of the# by$
or pursuant to the authori!ation by the perfor#er+ and
0?1.3. The riht of authori!in the #akin a"ailable to the public of their perfor#ances
fi%ed in sound recordins$ by wire or wireless #eans$ in such a way that #e#bers of the
public #ay access the# fro# a place and ti#e indi"idually chosen by the#. &Sec. (0$
P.-. Co. (Aa'
"ection 21/. *oral Rights of Performers. - 0?(.). Independently of a perfor#er=s
econo#ic rihts$ the perfor#er$ shall$ as reards his li"e aural perfor#ances or
perfor#ances fi%ed in sound recordins$ ha"e the riht to clai# to be identified as the
perfor#er of his perfor#ances$ e%cept where the o#ission is dictated by the #anner of
the use of the perfor#ance$ and to ob7ect to any distortion$ #utilation or other
#odification of his perfor#ances that would be pre7udicial to his reputation.
0?(.0. The rihts ranted to a perfor#er in accordance with Subsection 0?1.) shall be
#aintained and e%ercised fifty &3?' years after his death$ by his heirs$ and in default of
heirs$ the o"ern#ent$ where protection is clai#ed. &Sec. (1$ P.-. Co. (A'
"ection 210. 'imitation on Right. - 0?3.). Sub7ect to the pro"isions of Section 0?8$ once
the perfor#er has authori!ed the broadcastin or fi%ation of his perfor#ance$ the
pro"isions of Sections 0?1 shall ha"e no further application.
0?3.0. The pro"isions of Section )@( and Section )@3 shall apply #utatis #utandis to
perfor#ers. &n'
"ection 216. (dditional Remuneration for Subse.uent Communications or Broadcasts. -
/nless otherwise pro"ided in the contract$ in e"ery co##unication to the public or
broadcast of a perfor#ance subse<uent to the first co##unication or broadcast thereof by
the broadcastin orani!ation$ the perfor#er shall be entitled to an additional
re#uneration e<ui"alent to at least fi"e percent &3I' of the oriinal co#pensation he or
she recei"ed for the first co##unication or broadcast. &n'
"ection 21. Contract Terms. - Cothin in this Chapter shall be construed to depri"e
perfor#ers of the riht to aree by contracts on ter#s and conditions #ore fa"orable for
the# in respect of any use of their perfor#ance. &n'
C&APT!R 3###
PR)+(C!R" ), ")(N+ R!C)R+#N%"
"ection 218. Scope of Right. - Sub7ect to the pro"isions of Section 0)0$ producers of
sound recordins shall en7oy the followin e%clusi"e rihts:
0?@.). The riht to authori!e the direct or indirect reproduction of their sound recordins$
in any #anner or for#+ the placin of these reproductions in the #arket and the riht of
rental or lendin+
0?@.0. The riht to authori!e the first public distribution of the oriinal and copies of their
sound recordins throuh sale or rental or other for#s of transferrin ownership+ and
0?@.1. The riht to authori!e the co##ercial rental to the public of the oriinal and
copies of their sound recordins$ e"en after distribution by the# by or pursuant to
authori!ation by the producer. &Sec. (8$ P.-. Co. (Aa'
"ection 219. Communication to the Public. - If a sound recordin published for
co##ercial purposes$ or a reproduction of such sound recordin$ is used directly for
broadcastin or for other co##unication to the public$ or is publicly perfor#ed with the
intention of #akin and enhancin profit$ a sinle e<uitable re#uneration for the
perfor#er or perfor#ers$ and the producer of the sound recordin shall be paid by the
user to both the perfor#ers and the producer$ who$ in the absence of any aree#ent shall
share e<ually. &Sec. (;$ P.-. Co. (Aa'
"ection 211. 'imitation of Right. - Sections )@( and )@3 shall apply #utatis #utandis to
the producer of sound recordins. &Sec. (@$ P.-. Co. (Aa'
C&APT!R 3#-
$R)A+CA"T#N% )R%AN#6AT#)N"
"ection 211. Scope of Right. - Sub7ect to the pro"isions of Section 0)0$ broadcastin
orani!ations shall en7oy the e%clusi"e riht to carry out$ authori!e or pre"ent any of the
followin acts:
0)).). The rebroadcastin of their broadcasts+
0)).0. The recordin in any #anner$ includin the #akin of fil#s or the use of "ideo
tape$ of their broadcasts for the purpose of co##unication to the public of tele"ision
broadcasts of the sa#e+ and
0)).1. The use of such records for fresh trans#issions or for fresh recordin. &Sec. 30$
P.-. Co. (A'
C&APT!R 3-
'#2#TAT#)N" )N PR)T!CT#)N
"ection 212. 'imitations on Rights. - Sections 0?1$ 0?@ and 0?A shall not apply where the
acts referred to in those Sections are related to:
0)0.). The use by a natural person e%clusi"ely for his own personal purposes+
0)0.0. /sin short e%cerpts for reportin current e"ents+
0)0.1. /se solely for the purpose of teachin or for scientific research+ and
0)0.(. :air use of the broadcast sub7ect to the conditions under Section )@3. &Sec. (($
P.-. Co. (Aa'
C&APT!R 3-#
T!R2 ), PR)T!CT#)N
"ection 213. Term of Protection. - 0)1.). Sub7ect to the pro"isions of Subsections 0)1.0
to 0)1.3$ the copyriht in works under Sections );0 and );1 shall be protected durin the
life of the author and for fifty &3?' years after his death. This rule also applies to
posthu#ous works. &Sec. 0)$ first sentence$ P.-. Co. (Aa'
0)1.0. In case of works of 7oint authorship$ the econo#ic rihts shall be protected durin
the life of the last sur"i"in author and for fifty &3?' years after his death. &Sec. 0)$
second sentence$ P.-. Co. (A'
0)1.1. In case of anony#ous or pseudony#ous works$ the copyriht shall be protected
for fifty &3?' years fro# the date on which the work was first lawfully published:
Pro"ided$ That where$ before the e%piration of the said period$ the author=s identity is
re"ealed or is no loner in doubt$ the pro"isions of Subsections 0)1.). and 0)1.0 shall
apply$ as the case #ay be: Pro"ided$ further$ That such works if not published before shall
be protected for fifty &3?' years counted fro# the #akin of the work. &Sec. 01$ P.-. Co.
(A'
0)1.(. In case of works of applied art the protection shall be for a period of twenty-fi"e
&03' years fro# the date of #akin. &Sec. 0(&9'$ P.-. Co. (Aa'
0)1.3. In case of photoraphic works$ the protection shall be for fifty &3?' years fro#
publication of the work and$ if unpublished$ fifty &3?' years fro# the #akin. &Sec.
0(&C'$ P.-. (Aa'
0)1.8. In case of audio-"isual works includin those produced by process analoous to
photoraphy or any process for #akin audio-"isual recordins$ the ter# shall be fifty
&3?' years fro# date of publication and$ if unpublished$ fro# the date of #akin. &Sec.
0(&C'$ P.-. Co. (Aa'
"ection 21/. Calculation of Term. - The ter# of protection subse<uent to the death of the
author pro"ided in the precedin Section shall run fro# the date of his death or of
publication$ but such ter#s shall always be dee#ed to bein on the first day of Hanuary of
the year followin the e"ent which a"e rise to the#. &Sec. 03$ P.-. Co. (A'
"ection 210. Term of Protection for Performers) Producers and Broadcasting
!rgani$ations. - 0)3.). The rihts ranted to perfor#ers and producers of sound
recordins under this law shall e%pire:
&a' :or perfor#ances not incorporated in recordins$ fifty &3?' years fro# the end
of the year in which the perfor#ance took place+ and
&b' :or sound or i#ae and sound recordins and for perfor#ances incorporated
therein$ fifty &3?' years fro# the end of the year in which the recordin took
place.
0)3.0. In case of broadcasts$ the ter# shall be twenty &0?' years fro# the date the
broadcast took place. The e%tended ter# shall be applied only to old works with
subsistin protection under the prior law. &Sec. 33$ P.-. Co. (Aa'
C&APT!R 3-##
#N,R#N%!2!NT
"ection 216. Remedies for Infringement. - 0)8.). Any person infrinin a riht protected
under this law shall be liable:
&a' To an in7unction restrainin such infrine#ent. The court #ay also order the
defendant to desist fro# an infrine#ent$ a#on others$ to pre"ent the entry into
the channels of co##erce of i#ported oods that in"ol"e an infrine#ent$
i##ediately after custo#s clearance of such oods.
&b' Pay to the copyriht proprietor or his assins or heirs such actual da#aes$
includin leal costs and other e%penses$ as he #ay ha"e incurred due to the
infrine#ent as well as the profits the infriner #ay ha"e #ade due to such
infrine#ent$ and in pro"in profits the plaintiff shall be re<uired to pro"e sales
only and the defendant shall be re<uired to pro"e e"ery ele#ent of cost which he
clai#s$ or$ in lieu of actual da#aes and profits$ such da#aes which to the court
shall appear to be 7ust and shall not be rearded as penalty.
&c' -eli"er under oath$ for i#poundin durin the pendency of the action$ upon
such ter#s and conditions as the court #ay prescribe$ sales in"oices and other
docu#ents e"idencin sales$ all articles and their packain alleed to infrine a
copyriht and i#ple#ents for #akin the#.
&d' -eli"er under oath for destruction without any co#pensation all infrinin
copies or de"ices$ as well as all plates$ #olds$ or other #eans for #akin such
infrinin copies as the court #ay order.
&e' Such other ter#s and conditions$ includin the pay#ent of #oral and
e%e#plary da#aes$ which the court #ay dee# proper$ wise and e<uitable and
the destruction of infrinin copies of the work e"en in the e"ent of ac<uittal in a
cri#inal case.
0)8.0. In an infrine#ent action$ the court shall also ha"e the power to order the sei!ure
and i#poundin of any article which #ay ser"e as e"idence in the court proceedins.
&Sec. 0@$ P.-. Co. (Aa'
"ection 21. Criminal Penalties. - 0);.). Any person infrinin any riht secured by
pro"isions of Part I6 of this Act or aidin or abettin such infrine#ent shall be uilty of
a cri#e punishable by:
&a' I#prison#ent of one &)' year to three &1' years plus a fine ranin fro# :ifty
thousand pesos &P3?$???' to 2ne hundred fifty thousand pesos &P)3?$???' for the
first offense.
&b' I#prison#ent of three &1' years and one &)' day to si% &8' years plus a fine
ranin fro# 2ne hundred fifty thousand pesos &P)3?$???' to :i"e hundred
thousand pesos &P3??$???' for the second offense.
&c' I#prison#ent of si% &8' years and one &)' day to nine &A' years plus a fine
ranin fro# fi"e hundred thousand pesos &P3??$???' to 2ne #illion fi"e
hundred thousand pesos &P)$3??$???' for the third and subse<uent offenses.
&d' In all cases$ subsidiary i#prison#ent in cases of insol"ency.
0);.0. In deter#inin the nu#ber of years of i#prison#ent and the a#ount of fine$ the
court shall consider the "alue of the infrinin #aterials that the defendant has produced
or #anufactured and the da#ae that the copyriht owner has suffered by reason of the
infrine#ent.
0);.1. Any person who at the ti#e when copyriht subsists in a work has in his
possession an article which he knows$ or ouht to know$ to be an infrinin copy of the
work for the purpose of:
&a' Sellin$ lettin for hire$ or by way of trade offerin or e%posin for sale$ or
hire$ the article+
&b' -istributin the article for purpose of trade$ or for any other purpose to an
e%tent that will pre7udice the rihts of the copyriht owner in the work+ or
&c' Trade e%hibit of the article in public$ shall be uilty of an offense and shall be
liable on con"iction to i#prison#ent and fine as abo"e #entioned. &Sec. 0A$ P.-.
Co. (Aa'
"ection 218. (ffidavit +vidence. - 0)@.). In an action under this Chapter$ an affida"it
#ade before a notary public by or on behalf of the owner of the copyriht in any work or
other sub7ect #atter and statin that:
&a' At the ti#e specified therein$ copyriht subsisted in the work or other sub7ect
#atter+
&b' Be or the person na#ed therein is the owner of the copyriht+ and
&c' The copy of the work or other sub7ect #atter anne%ed thereto is a true copy
thereof$ shall be ad#itted in e"idence in any proceedins for an offense under this
Chapter and shall be pri#a facie proof of the #atters therein stated until the
contrary is pro"ed$ and the court before which such affida"it is produced shall
assu#e that the affida"it was #ade by or on behalf of the owner of the copyriht.
0)@.0. In an action under this Chapter:
&a' Copyriht shall be presu#ed to subsist in the work or other sub7ect #atter to
which the action relates if the defendant does not put in issue the <uestion whether
copyriht subsists in the work or other sub7ect #atter+ and
&b' Fhere the subsistence of the copyriht is established$ the plaintiff shall be
presu#ed to be the owner of the copyriht if he clai#s to be the owner of the
copyriht and the defendant does not put in issue the <uestion of his ownership.
&c' Fhere the defendant$ without ood faith$ puts in issue the <uestions of
whether copyriht subsists in a work or other sub7ect #atter to which the action
relates$ or the ownership of copyriht in such work or sub7ect #atter$ thereby
occasionin unnecessary costs or delay in the proceedins$ the court #ay direct
that any costs to the defendant in respect of the action shall not be allowed by hi#
and that any costs occasioned by the defendant to other parties shall be paid by
hi# to such other parties. &n'
"ection 219. Presumption of (uthorship. - 0)A.). The natural person whose na#e is
indicated on a work in the usual #anner as the author shall$ in the absence of proof to the
contrary$ be presu#ed to be the author of the work. This pro"ision shall be applicable
e"en if the na#e is a pseudony#$ where the pseudony# lea"es no doubt as to the identity
of the author.
0)A.0. The person or body corporate whose na#e appears on a audio-"isual work in the
usual #anner shall$ in the absence of proof to the contrary$ be presu#ed to be the #aker
of said work. &n'
"ection 221. International Registration of 8or&s. - A state#ent concernin a work$
recorded in an international reister in accordance with an international treaty to which
the Philippines is or #ay beco#e a party$ shall be construed as true until the contrary is
pro"ed e%cept:
00?.). Fhere the state#ent cannot be "alid under this Act or any other law concernin
intellectual property.
00?.0. Fhere the state#ent is contradicted by another state#ent recorded in the
international reister. &n'
C&APT!R 3-###
"C)P! ), APP'#CAT#)N
"ection 221. Points of (ttachment for 8or&s under Sections 9:; and 9:<. - 00).). The
protection afforded by this Act to copyrihtable works under Sections );0 and );1 shall
apply to:
&a' Forks of authors who are nationals of$ or ha"e their habitual residence in$ the
Philippines+
&b' Audio-"isual works the producer of which has his head<uarters or habitual
residence in the Philippines+
&c' Forks of architecture erected in the Philippines or other artistic works
incorporated in a buildin or other structure located in the Philippines+
&d' Forks first published in the Philippines+ and
&e' Forks first published in another country but also published in the Philippines
within thirty days$ irrespecti"e of the nationality or residence of the authors.
00).0. The pro"isions of this Act shall also apply to works that are to be protected by
"irtue of and in accordance with any international con"ention or other international
aree#ent to which the Philippines is a party. &n'
"ection 222. Points of (ttachment for Performers. - The pro"isions of this Act on the
protection of perfor#ers shall apply to:
000.). Perfor#ers who are nationals of the Philippines+
000.0. Perfor#ers who are not nationals of the Philippines but whose perfor#ances:
&a' Take place in the Philippines+ or
&b' Are incorporated in sound recordins that are protected under this Act+ or
&c' Fhich has not been fi%ed in sound recordin but are carried by broadcast
<ualifyin for protection under this Act. &n'
"ection 223. Points of (ttachment for Sound Recordings. - The pro"isions of this Act on
the protection of sound recordins shall apply to:
001.). Sound recordins the producers of which are nationals of the Philippines+ and
001.0. Sound recordins that were first published in the Philippines. &n'
"ection 22/. Points of (ttachment for Broadcasts. - 00(.). The pro"isions of this Act on
the protection of broadcasts shall apply to:
&a' 9roadcasts of broadcastin orani!ations the head<uarters of which are
situated in the Philippines+ and
&b' 9roadcasts trans#itted fro# trans#itters situated in the Philippines.
00(.0. The pro"isions of this Act shall also apply to perfor#ers who$ and to producers of
sound recordins and broadcastin orani!ations which$ are to be protected by "irtue of
and in accordance with any international con"ention or other international aree#ent to
which the Philippines is a party. &n'
C&APT!R 3#3
#N"T#T(T#)N ), ACT#)N"
"ection 220. 5urisdiction. - Fithout pre7udice to the pro"isions of Subsection ;.)&c'$
actions under this Act shall be coni!able by the courts with appropriate 7urisdiction
under e%istin law. &Sec. 3;$ P.-. Co. (Aa'
"ection 226. Damages. - Co da#aes #ay be reco"ered under this Act after four &('
years fro# the ti#e the cause of action arose. &Sec. 3@$ P.-. Co. (A'
C&APT!R 33
2#"C!''AN!)(" PR)-#"#)N"
"ection 22. !-nership of Deposit and Instruments. - All copies deposited and
instru#ents in writin filed with the Cational .ibrary and the Supre#e Court .ibrary in
accordance with the pro"isions of this Act shall beco#e the property of the ,o"ern#ent.
&Sec. 8?$ P.-. Co. (A'
"ection 228. Public Records. - The section or di"ision of the Cational .ibrary and the
Supre#e Court .ibrary chared with recei"in copies and instru#ents deposited and with
keepin records re<uired under this Act and e"erythin in it shall be opened to public
inspection. The -irector of the Cational .ibrary is e#powered to issue such safeuards
and reulations as #ay be necessary to i#ple#ent this Section and other pro"isions of
this Act. &Sec. 8)$ P.-. Co. (A'
"ection 229. Copyright Division3 ees. - The Copyriht Section of the Cational .ibrary
shall be classified as a -i"ision upon the effecti"ity of this Act. The Cational .ibrary
shall ha"e the power to collect$ for the dischare of its ser"ices under this Act$ such fees
as #ay be pro#ulated by it fro# ti#e to ti#e sub7ect to the appro"al of the -epart#ent
Bead. &Sec. 80$ P.-. (Aa'
PART -
,#NA' PR)-#"#)N"
"ection 231. +.uitable Principles to %overn Proceedings. - In all inter partes
proceedins in the 2ffice under this Act$ the e<uitable principles of laches$ estoppel$ and
ac<uiescence where applicable$ #ay be considered and applied. &Sec. A-A$ *.A. Co. )83'
"ection 231. Reverse Reciprocity of oreign 'a-s. - Any condition$ restriction$
li#itation$ di#inution$ re<uire#ent$ penalty or any si#ilar burden i#posed by the law of
a forein country on a Philippine national seekin protection of intellectual property
rihts in that country$ shall reciprocally be enforceable upon nationals of said country$
within Philippine 7urisdiction. &n'
"ection 232. (ppeals. - 010.). Appeals fro# decisions of reular courts shall be o"erned
by the *ules of Court. /nless restrained by a hiher court$ the 7ud#ent of the trial court
shall be e%ecutory e"en pendin appeal under such ter#s and conditions as the court #ay
prescribe.
010.0. /nless e%pressly pro"ided in this Act or other statutes$ appeals fro# decisions of
ad#inistrati"e officials shall be pro"ided in the *eulations. &n'
"ection 233. !rgani$ation of the !ffice3 +2emption from the Salary Standardi$ation 'a-
and the (ttrition 'a-. - 011.). The 2ffice shall be orani!ed within one &)' year after the
appro"al of this Act. It shall not be sub7ect to the pro"isions of *epublic Act Co. ;(1?.
011.0. The 2ffice shall institute its own co#pensation structure: Pro"ided$ That the
2ffice shall #ake its own syste# confor# as closely as possible with the principles
pro"ided for under *epublic Act Co. 8;3@. &n'
"ection 23/. (bolition of the Bureau of Patents) Trademar&s) and Technology Transfer. -
The 9ureau of Patents$ Trade#arks$ and Technoloy Transfer under the -epart#ent of
Trade and Industry is hereby abolished. All une%pended funds and fees$ fines$ royalties
and other chares collected for the calendar year$ properties$ e<uip#ent and records of
the 9ureau of Patents$ Trade#arks and Technoloy Transfer$ and such personnel as #ay
be necessary are hereby transferred to the 2ffice. Personnel not absorbed or transferred to
the 2ffice shall en7oy the retire#ent benefits ranted under e%istin law$ otherwise$ they
shall be paid the e<ui"alent of one #onth basic salary for e"ery year of ser"ice$ or the
e<ui"alent nearest fractions thereof fa"orable to the# on the basis of the hihest salary
recei"ed.&n'
"ection 230. (pplications Pending on +ffective Date of (ct. - 013.). All applications for
patents pendin in the 9ureau of Patents$ Trade#arks and Technoloy Transfer shall be
proceeded with and patents thereon ranted in accordance with the Acts under which said
applications were filed$ and said Acts are hereby continued to be enforced$ to this e%tent
and for this purpose only$ notwithstandin the foreoin eneral repeal thereof: Pro"ided$
That applications for utility #odels or industrial desins pendin at the effecti"e date of
this Act$ shall be proceeded with in accordance with the pro"isions of this Act$ unless the
applicants elect to prosecute said applications in accordance with the Acts under which
they were filed.
013.0. All applications for reistration of #arks or trade na#es pendin in the 9ureau of
Patents$ Trade#arks and Technoloy Transfer at the effecti"e date of this Act #ay be
a#ended$ if practicable to brin the# under the pro"isions of this Act. The prosecution of
such applications so a#ended and the rant of reistrations thereon shall be proceeded
with in accordance with the pro"isions of this Act. If such a#end#ents are not #ade$ the
prosecution of said applications shall be proceeded with and reistrations thereon ranted
in accordance with the Acts under which said applications were filed$ and said Acts are
hereby continued in force to this e%tent for this purpose only$ notwithstandin the
foreoin eneral repeal thereof &n'
"ection 236. Preservation of +2isting Rights. - Cothin herein shall ad"ersely affect the
rihts on the enforce#ent of rihts in patents$ utility #odels$ industrial desins$ #arks
and works$ ac<uired in ood faith prior to the effecti"e date of this Act. &n'
"ection 23. /otification on Berne (ppendi2. - The Philippines shall by proper
co#pliance with the re<uire#ents set forth under the Appendi% of the 9erne Con"ention
&Paris Act$ )A;)' a"ail itself of the special pro"isions reardin de"elopin countries$
includin pro"isions for licenses rantable by co#petent authority under the Appendi%.
&n'
"ection 238. (ppropriations. - The funds needed to carry out the pro"isions of this Act
shall be chared to the appropriations of the 9ureau of Patents$ Trade#arks$ and
Technoloy Transfer under the current ,eneral Appropriations Act and the fees$ fines$
royalties and other chares collected by the 9ureau for the calendar year pursuant to
Sections )(.) and 01( of this Act. Thereafter such su#s as #ay be necessary for its
continued i#ple#entations shall be included in the annual ,eneral Appropriations Act.
&n'
"ection 239. Repeals. - 01A.). All Acts and parts of Acts inconsistent herewith$ #ore
particularly *epublic Act Co. )83$ as a#ended+ *epublic Act Co. )88$ as a#ended+ and
Articles )@@ and )@A of the *e"ised Penal Code+ Presidential -ecree Co. (A$ includin
Presidential -ecree Co. 0@3$ as a#ended$ are hereby repealed.
01A.0. Marks reistered under *epublic Act Co. )88 shall re#ain in force but shall be
dee#ed to ha"e been ranted under this Act and shall be due for renewal within the
period pro"ided for under this Act and$ upon renewal shall be reclassified in accordance
with the International Classification. Trade na#es and #arks reistered in the
Supple#ental *eister under *epublic Act Co. )88 shall re#ain in force but shall no
loner be sub7ect to renewal.
01A.1. The pro"isions of this Act shall apply to works in which copyriht protection
obtained prior to the effecti"ity of this Act is subsistin: Pro"ided$ That the application of
this Act shall not result in the di#inution of such protection. &n'
"ection 2/1. Separability. - If any pro"ision of this Act or the application of such
pro"ision to any circu#stances is held in"alid$ the re#ainder of the Act shall not be
affected thereby. &n'
"ection 2/1. +ffectivity. - This Act shall take effect on ) Hanuary )AA@. &n'
Appro"ed: June 6, 199
The .awphil Pro7ect - Arellano .aw :oundation

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