HOW TO MAKE SURE YOU DO NOT MISREPRESENT LAWS

TIP #1: Read the entire law. Do not simply pick the provision most convenient for
you.

RA 8293
Section 71. Rights Conferred by Patent. - 71.1. A patent shall confer on its owner
the following exclusive rights:

(a) Where the subject matter of a patent is a product, to restrain, prohibit and
prevent any unauthorized person or entity from making, using, offering for sale,
selling or importing that product;

(b) Where the subject matter of a patent is a process, to restrain, prevent or

prohibit any unauthorized person or entity from using the process, and from
manufacturing, dealing in, using, selling or offering for sale, or importing any
product obtained directly or indirectly from such process.

71.2. Patent owners shall also have the right to assign, or transfer by succession
the patent, and to conclude licensing contracts for the same. (Sec. 37, R.A. No.
165a)

Section 76. Civil Action for Infringement. - 76.1. The making, using, offering for
sale, selling, or importing a patented product or a product obtained directly or
indirectly from a patented process, or the use of a patented process without the
authorization of the patentee constitutes patent infringement.

76.2. Any patentee, or anyone possessing any right, title or interest in and to the
patented invention, whose rights have been infringed, may bring a civil action
before a court of competent jurisdiction, to recover from the infringer such
damages sustained thereby, plus attorney's fees and other expenses of litigation,
and to secure an injunction for the protection of his rights.

76.3. If the damages are inadequate or cannot be readily ascertained with

reasonable certainty, the court may award by way of damages a sum equivalent to
reasonable royalty.

76.4. The court may, according to the circumstances of the case, award damages in a
sum above the amount found as actual damages sustained: Provided, That the award
does not exceed three (3) times the amount of such actual damages.

76.5. The court may, in its discretion, order that the infringing goods, materials
and implements predominantly used in the infringement be disposed of outside the
channels of commerce or destroyed, without compensation.

76.6. Anyone who actively induces the infringement of a patent or provides the
infringer with a component of a patented product or of a product produced because
of a patented process knowing it to be especially adopted for infringing the
patented invention and not suitable for substantial non-infringing use shall be
liable as a contributory infringer and shall be jointly and severally liable with
the infringer. (Sec. 42, R.A. No. 165a)

Section 77. Infringement Action by a Foreign National. - Any foreign national or

juridical entity who meets the requirements of Section 3 and not engaged in
business in the Philippines, to which a patent has been granted or assigned under
this Act, may bring an action for infringement of patent, whether or not it is
licensed to do business in the Philippines under existing law. (Sec. 41-A, R.A. No.
165a)
NCIPR NOTES

E.O. 736, Series of 2008

EXECUTIVE ORDER NO. 736

INSTITUTIONALIZING PERMANENT UNITS TO PROMOTE, PROTECT AND ENFORCE INTELLECTUAL

PROPERTY RIGHTS (IPR) IN DIFFERENT LAW ENFORCEMENT AND OTHER AGENCIES UNDER THE
COORDINATION OF THE NATIONAL COMMITTEE ON INTELLECTUAL PROPERTY RIGHTS (NCIPR)

WHEREAS, Section 10, Article XIV of the Constitution of the Republic of the
Philippines recognizes the importance of science and technology for national
development and progress and the need to prioritize research and development,
invention and innovation, and their utilization by Filipinos;

WHEREAS, Section 13, Article XIV of the Constitution provides that the State shall
protect and secure the exclusive rights of scientists, inventors, artists, and
other gifted citizens to their intellectual property and creations, particularly
when beneficial to the people;

WHEREAS, Section 2 of Republic Act No. 8293, otherwise known as the Intellectual
Property Code of the Philippines, has declared that an effective intellectual and
industrial property system is vital to the development of domestic and creative
activity, facilitates transfer of technology, attracts foreign investments, and
ensures market access for our products;

WHEREAS, the same section further states that the use of intellectual property
bears a social function and that the State shall promote the diffusion of knowledge
and information for the promotion of national development and progress and the
common good;

WHEREAS, Section 31, Chapter 10, Title III, Book III of the Administrative Code of
1987 provides the President with continuing authority to organize the Office of the
President;

WHEREAS, Article VII, Section 17 of the Constitution provides that the President
shall have control of all the executive departments, bureaus, and offices;

WHEREAS, there is a need for a creation of an inter-agency group that will

effectively formulate and implement plans and policies and strengthen the
protection and enforcement of intellectual property rights in the country;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the

Philippines, by virtue of the powers vested in me by the Constitution and the laws
do hereby order:

Section 1. Creation and Composition � The National Committee on Intellectual

Property Rights (NCIPR) is hereby created. The Department of Trade and Industry
(DTI) shall act as Chair, and Intellectual Property Office (IPO) as Vice-Chair. DTI
and IPO shall continue to coordinate inter-agency efforts against piracy and
counterfeiting.

The other members of the NCIPR are: the Department of Justice (DOJ), Department of
the Interior and Local Government (DILG), Bureau of Customs (BOC), National
Telecommunications Commission (NTC), National Bureau of Investigation (NBI),
Philippine National Police (PNP), Optical Media Board (OMB), National Book
Development Board (NBDB), Bureau of Food and Drugs (BFAD) and other agencies to be
determined by the Committee Chair.

Section 2. Intellectual Property Units � The NCIPR member agencies shall establish
and institutionalize a permanent intellectual property unit with adequate personnel
and budget allocation.

Section 3. Funding � Financial requirements that may be needed by the Committee

shall be sourced out by the Department of Budget and Management from available
funds of the concerned agencies forming part of the Committee, subject to the usual
government accounting and auditing rules and regulations.

Section 4. Functions � As a strategic component for our country�s socio-economic

development and global competitiveness, the NCIPR member agencies, through their
intellectual property units, shall intensify the promotion, protection and
enforcement of intellectual property rights in the country. The NCIPR is hereby
directed to:

a) Intensify public information and education campaign on the importance of IPR to

national development and global competitiveness.

b) Intensify regular and effective enforcement against IPR violations, and to

allocate sufficient resources to ensure effective prosecution of pirates and
counterfeiters.

c) Maintain appropriate coordination with the Judiciary to ensure that courts are
adequately skilled in intellectual property cases, and improve the adjudication of
IP cases.

d) Provide the Executive and the Legislative with policy and legislative proposals
on IP laws, ensuring that these are in compliance with the country�s existing
international obligations embodied in treaties and other agreements;

e) Maintain a database and enforcement monitoring system, consolidate information

and reports from other agencies, and submit quarterly reports to the President, and
provide copies to the Executive Secretary and the Cabinet Secretary.

The NCIPR shall coordinate with other government agencies and the private sector
efforts to provide maximum benefits to Filipinos and ensure significant
contributions to national development.

Section 5. Repealing Clause � All other issuances, orders, rules and regulations,
or parts thereof, inconsistent with this Executive Order are hereby repealed or
modified accordingly.

Section 6. Effectivity � This Executive Order shall take effect immediately upon
approval.

Done in the City of Manila, this 21st day of June, 2008.

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

By the President:

(Sgd.) EDUARDO R. ERMITA

Executive Secretary

Source: Malaca�ang Records Office

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