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epublic Act No. 8293 June 6, 1997N ACT PRESCRIBIN T!E INTE""ECT#A" PR$PERT% C$&E AN&

ESTAB"IS!IN T!E INTE""ECT#A" PR$PERT% $''ICE,PR$(I&IN '$R ITS P$)ERS AN& '#NCTI$NS, AN& '$R

$T!ER P#RP$SES

REP#B"IC ACT N$. 1+372AN ACT AEN&IN CERTAIN

R$(ISI$NS $' REP#B"IC ACT N$. 8293, $T!ER)ISE -N$)N

S T!E INTE""ECT#A" PR$PERT% C$&E $' T!E P!I"IPPINES,

N& '$R $T!ER P#RP$SES/

e it enacted by the Senate and House of Representatives of thehilippines in Congress assembled::

PART IT!E INTE""ECT#A" PR$PERT% $''ICE

ection 1.Title. - This Act shall be known as the "Intellectual Propertyode of the Philippines."ection 2.Declaration of State Policy. - The State recognies that an!ectie intellectual and industrial property syste# is ital to theeelop#ent of do#estic and creatie actiity$ facilitates transfer ofchnology$ attracts foreign inest#ents$ and ensures #arket accessr our products. It shall protect and secure the e%clusie rights ofientists$ inentors$ artists and other gifted citiens to theirtellectual property and creations$ particularly when bene&cial to theeople$ for such periods as proided in this Act.he use of intellectual property bears a social function. To this end$ theate shall pro#ote the di!usion of knowledge and infor#ation for theo#otion of national deelop#ent and progress and the co##on

ood.is also the policy of the State to strea#line ad#inistratieocedures of registering patents$ trade#arks and copyright$ to

beralie the registration on the transfer of technology$ and tonhance the enforce#ent of intellectual property rights in thehilippines. 'n(ection 3.International Conventions and Reciprocity. - Any personho is a national or who is do#iciled or has a real and e!ectiedustrial establish#ent in a country which is a party to anynention$ treaty or agree#ent relating to intellectual property rightsthe repression of unfair co#petition$ to which the Philippines is also

party$ or e%tends reciprocal rights to nationals of the Philippines byw$ shall be entitled to bene&ts to the e%tent necessary to gie e!ectany proision of such conention$ treaty or reciprocal law$ in

ddition to the rights to which any owner of an intellectual propertyght is otherwise entitled by this Act. 'n(

ection 0.Denitions. - ).*. The ter# "intellectual property rights"nsists of:a( Copyright and +elated +ights,b( Trade#arks and Serice arks,c( eographic Indications,d( Industrial /esigns,e( Patents,f( 0ayout-/esigns 'Topographies( of Integrated Circuits, andg( Protection of 1ndisclosed Infor#ation 'n$ T+IPS(.

2. The ter# "technology transfer arrange#ents" refers to contractsagree#ents inoling the transfer of syste#atic knowledge for the

anufacture of a product$ the application of a process$ or rendering ofserice including #anage#ent contracts, and the transfer$sign#ent or licensing of all for#s of intellectual property rights$cluding licensing of co#puter software e%cept co#puter softwareeeloped for #ass #arket.3. The ter# "45ce" refers to the Intellectual Property 45ce created

y this Act.). The ter# "IP4 aette" refers to the gaette published by the5ce under this Act. 'n(ection .!unctions of the Intellectual Property "#ce $IP"%. - 6.*. Tod#inister and i#ple#ent the State policies declared in this Act$ therehereby created the Intellectual Property 45ce 'IP4( which shall haee following functions:

a( 7%a#ine applications for grant of letters patent forinentions and register utility #odels and industrial designs,b( 7%a#ine applications for the registration of #arks$geographic indication$ integrated circuits,c( +egister technology transfer arrange#ents and settledisputes inoling technology transfer pay#ents coered bythe proisions of Part II$ Chapter I8 on 9oluntary 0icensing anddeelop and i#ple#ent strategies to pro#ote and facilitatetechnology transfer,

d( Pro#ote the use of patent infor#ation as a tool fortechnology deelop#ent,

e( Publish regularly in its own publication the patents$ #utility #odels and industrial designs$ issued and approeand the technology transfer arrange#ents registered,f( Ad#inistratiely adudicate contested proceedings a!eintellectual property rights, andg( Coordinate with other goern#ent agencies and thepriate sector e!orts to for#ulate and i#ple#ent plans apolicies to strengthen the protection of intellectual properights in the country.

6.2. The 45ce shall hae custody of all records$ books$ drawings$speci&cations$ docu#ents$ and other papers and things relating tointellectual property rights applications &led with the 45ce. 'n(Section 6.The "rgani&ational Structure of the IP". - ;.*. The 45shall be headed by a /irector eneral who shall be assisted by tw

/eputies /irector eneral.

;.2. the 45ce shall be diided into seen 'inancial and Personnel Serices

=ureau, and

g( the =ureau of Copyright and 4ther +elated +ights.

;.3. The /irector eneral$ /eputies /irector eneral$ /irectors anAssistant /irectors shall be appointed by the President$ and the oo5cers and e#ployees of the 45ce by the Secretary of Trade andIndustry$ confor#ably with and under the Ciil Serice 0aw. 'n(Section 7.The Director 'eneral and Deputies Director 'eneral. ->unctions. - The /irector eneral shall e%ercise the following powand functions:

a( anage and direct all functions and actiities of the 4including the pro#ulgation of rules and regulations toi#ple#ent the obecties$ policies$ plans$ progra#s andproects of the 45ce: Proided$ That in the e%ercise of thauthority to propose policies and standards in relation tofollowing: '*( the e!ectie$ e5cient$ and econo#icaloperations of the 45ce re?uiring statutory enact#ent, '2coordination with other agencies of goern#ent in relatiothe enforce#ent of intellectual property rights, '3( therecognition of attorneys$ agents$ or other personsrepresenting applicants or other parties before the 45ce')( the establish#ent of fees for the &ling and processingan application for a patent$ utility #odel or industrial desor #ark or a collectie #ark$ geographic indication and o#arks of ownership$ and for all other serices perfor#ed#aterials furnished by the 45ce$ the /irector eneral shbe subect to the superision of the Secretary of Trade anIndustry,

'b( 7%ercise e%clusie appellate urisdiction oer all decisions rendby the /irector of 0egal A!airs$ the /irector of Patents$ the /irect

Trade#arks$ the /irector of Copyright and 4ther +elated +ights$ a

the /irector of the /ocu#entation$ Infor#ation and Technology

Transfer =ureau. the decisions of the /irector eneral in the e%erc

of his appellate urisdiction in respect of the decisions of the /irec

Patents$ the /irector of Trade#arks and the /irector of Copyright

4ther +elated +ights shall be appealable to the Court of Appeals i

accordance with the +ules of Court, and those in respect of the

decisions of the /irector of the /ocu#entation$ Infor#ation and

Technology Transfer =ureau shall be appealable to the Secretary o

Trade and Industry,

'c( 1ndertake enforce#ent functions supported by concerned age

such as the Philippine @ational Police$ the @ational =ureau of

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estigation$ the =ureau of Custo#s$ the 4ptical edia =oard$ and the

cal goern#ent units$ a#ong others,

( Conduct isits during reasonable hours to establish#ents and

usinesses engaging in actiities iolating intellectual property rights

nd proisions of this Act based on report$ infor#ation or co#plaint

ceied by the o5ce, and

( Such other functions in furtherance of protecting IP rights and

becties of this Act.

2. uali&cations. - The /irector eneral and the /eputies /irectoreneral #ust be natural born citiens of the Philippines$ at least thirty-e '36( years of age on the day of their appoint#ent$ holders of allege degree$ and of proen co#petence$ integrity$ probity anddependence: Proided$ That the /irector eneral and at least one '*(eputy /irector eneral shall be #e#bers of the Philippine =ar whoae engaged in the practice of law for at least ten '*B( years:oided further$ That in the selection of the /irector eneral and theeputies /irector eneral$ consideration shall be gien to suchuali&cations as would result$ as far as practicable$ in the balancedpresentation in the /irectorate eneral of the arious &elds oftellectual property.3. Ter# of 45ce. - The /irector eneral and the /eputies /irectoreneral shall be appointed by the President for a ter# of &e '6( yearsnd shall be eligible for reappoint#ent only once: Proided$ That thest /irector eneral shall hae a &rst ter# of seen '

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*.2. 7stablish networks or inter#ediaries or regional representaties,*.3. 7ducate the public and build awareness on intellectual propertyrough the conduct of se#inars and lectures$ and other si#ilar

ctiities,*.). 7stablish working relations with research and deelop#entstitutions as well as with local and international intellectual propertyofessional groups and the like,

*.6. Perfor# state-of-the-art searches,*.;. Pro#ote the use of patent infor#ation as an e!ectie tool tocilitate the deelop#ent of technology in the country,*.

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).*. 7erything which has been #ade aailable to the publicnywhere in the world$ before the &ling date or the priority date of thepplication clai#ing the inention, and).2. The whole contents of an application for a patent$ utility #odel$

industrial design registration$ published in accordance with this Act$ed or e!ectie in the Philippines$ with a &ling or priority date that isarlier than the &ling or priority date of the application: Proided$ Thate application which has alidly clai#ed the &ling date of an earlier

pplication under Section 3* of this Act$ shall be prior art with e!ect asthe &ling date of such earlier application: Proided further$ That the

pplicant or the inentor identi&ed in both applications are not one ande sa#e. 'Sec. D$ +.A. @o. *;6a(ection 2.3on4Pre5udicial Disclosure. . - 26.*. The disclosure offor#ation contained in the application during the twele '*2( #onths

eceding the &ling date or the priority date of the application shall noteudice the applicant on the ground of lack of noelty if suchsclosure was #ade by:

'a( The inentor,'b( A patent o5ce and the infor#ation was contained 'a( inanother application &led by the inentor and should not haebeen disclosed by the o5ce$ or 'b( in an application &ledwithout the knowledge or consent of the inentor by a thirdparty which obtained the infor#ation directly or indirectlyfro# the inentor, or'c( A third party which obtained the infor#ation directly orindirectly fro# the inentor.

6.2. >or the purposes of Subsection 26.*$ "inentor" also #eans anyerson who$ at the &ling date of application$ had the right to theatent. 'n(ection 26.Inventive Step. - An inention inoles an inentie stephaing regard to prior art$ it is not obious to a person skilled in thet at the ti#e of the &ling date or priority date of the applicationai#ing the inention. 'n(ection 27.Industrial +pplicability. - An inention that can beoduced and used in any industry shall be industrially applicable. 'n(

C!APTER IIIRI!T T$ A PATENT

ection 28.Right to a Patent. - The right to a patent belongs to theentor$ his heirs$ or assigns. Khen two '2( or #ore persons haently #ade an inention$ the right to a patent shall belong to the#ntly. 'Sec. *B$ +.A. @o. *;6a(

ection 29.!irst to !ile Rule. - If two '2( or #ore persons hae #adee inention separately and independently of each other$ the right toe patent shall belong to the person who &led an application for suchention$ or where two or #ore applications are &led for the sa#eention$ to the applicant who has the earliest &ling date or$ thearliest priority date. '3rd sentence$ Sec. *B$ +.A. @o. *;6a.(

ection 3+.Inventions Created Pursuant to a Commission. - 3B.*. Theerson who co##issions the work shall own the patent$ unlessherwise proided in the contract.

B.2. In case the e#ployee #ade the inention in the course of his#ploy#ent contract$ the patent shall belong to:

'a( The e#ployee$ if the inentie actiity is not a part of hisregular duties een if the e#ployee uses the ti#e$ facilitiesand #aterials of the e#ployer.'b( The e#ployer$ if the inention is the result of theperfor#ance of his regularly-assigned duties$ unless there isan agree#ent$ e%press or i#plied$ to the contrary. 'n(

ection 31.Right of Priority. . - An application for patent &led by anyerson who has preiously applied for the sa#e inention in anotheruntry which by treaty$ conention$ or law a!ords si#ilar priileges toipino citiens$ shall be considered as &led as of the date of &ling thereign application: Proided$ That: 'a( the local application e%pressly

ai#s priority, 'b( it is &led within twele '*2( #onths fro# the datee earliest foreign application was &led, and 'c( a certi&ed copy of thereign application together with an 7nglish translation is &led within% ';( #onths fro# the date of &ling in the Philippines. 'Sec. *6$ +.A.o. *;6a(

C!APTER I(PATENT APP"ICATI$N

ection 32.The +pplication. - 32.*. The patent application shall be inipino or 7nglish and shall contain the following:

'a( A re?uest for the grant of a patent,'b( A description of the inention,'c( /rawings necessary for the understanding of theinention,'d( 4ne or #ore clai#s, and'e( An abstract.

2.2. @o patent #ay be granted unless the application identi&es theentor. If the applicant is not the inentor$ the 45ce #ay re?uire hi#sub#it said authority. 'Sec. *3$ +.A. @o. *;6a(

Section 33.+ppointment of +gent or Representative. - An applicwho is not a resident of the Philippines #ust appoint and #aintainresident agent or representatie in the Philippines upon who# notor process for udicial or ad#inistratie procedure relating to theapplication for patent or the patent #ay be sered. 'Sec. **$ +.A. *;6a(Section 30.The Re2uest. - The re?uest shall contain a petition fogrant of the patent$ the na#e and other data of the applicant$ theinentor and the agent and the title of the inention. 'n(Section 3.Disclosure and Description of the Invention. - 36.*./isclosure. - The application shall disclose the inention in a #annsu5ciently clear and co#plete for it to be carried out by a personskilled in the art. Khere the application concerns a #icrobiologicaprocess or the product thereof and inoles the use of a #icro-

organis# which cannot be su5ciently disclosed in the applicationsuch a way as to enable the inention to be carried out by a persoskilled in the art$ and such #aterial is not aailable to the public$ application shall be supple#ented by a deposit of such #aterial wan international depository institution.36.2. /escription. - The +egulations shall prescribe the contents odescription and the order of presentation. 'Sec. *)$ +.A. @o. *;6a(Section 36.The Claims. - 3;.*. The application shall contain oneor #ore clai#s which shall de&ne the #atter for which protection sought. 7ach clai# shall be clear and concise$ and shall be suppoby the description.3;.2. The +egulations shall prescribe the #anner of the presentatclai#s. 'n(Section 37.The +bstract. - The abstract shall consist of a concisesu##ary of the disclosure of the inention as contained in thedescription$ clai#s and drawings in preferably not #ore than onehundred &fty '*6B( words. It #ust be drafted in a way which allowclear understanding of the technical proble#$ the gist of the solutthat proble# through the inention$ and the principal use or uses the inention. The abstract shall #erely sere for technicalinfor#ation. 'n(Section 38.0nity of Invention. - 3.*. The application shall relateone inention only or to a group of inentions for#ing a single geinentie concept.3.2. If seeral independent inentions which do not for# a singlegeneral inentie concept are clai#ed in one application$ the /ire#ay re?uire that the application be restricted to a single inentionlater application &led for an inention diided out shall be consideas haing been &led on the sa#e day as the &rst application: ProThat the later application is &led within four ')( #onths after there?uire#ent to diide beco#es &nal or within such additional ti#ee%ceeding four ')( #onths$ as #ay be granted: Proided further$ Teach diisional application shall not go beyond the disclosure in th

initial application.3.3. The fact that a patent has been granted on an application thdid not co#ply with the re?uire#ent of unity of inention shall noground to cancel the patent. 'Sec. *

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ection 02.!ormality /6amination. - )2.*. After the patentpplication has been accorded a &ling date and the re?uired fees haeeen paid on ti#e in accordance with the +egulations$ the applicantall co#ply with the for#al re?uire#ents speci&ed by Section 32 ande +egulations within the prescribed period$ otherwise the applicationall be considered withdrawn.

2.2. The +egulations shall deter#ine the procedure for the re-%a#ination and reial of an application as well as the appeal to therector of Patents fro# any &nal action by the e%a#iner. 'Sec. *;$ +.A.o. *;6a(ection 03.Classication and Search. - An application that has#plied with the for#al re?uire#ents shall be classi&ed and a searchnducted to deter#ine the prior art. 'n(

ection 00.Publication of Patent +pplication. - )).*. The patent

pplication shall be published in the IP4 aette together with aarch docu#ent established by or on behalf of the 45ce citing anyocu#ents that reLect prior art$ after the e%piration of eighteen ' *(onths fro# the &ling date or priority date.

).2. After publication of a patent application$ any interested partyay inspect the application docu#ents &led with the 45ce.

).3. The /irector eneral subect to the approal of the Secretary ofade and Industry$ #ay prohibit or restrict the publication of anpplication$ if in his opinion$ to do so would be preudicial to theational security and interests of the +epublic of the Philippines. 'n(ection 0.Condentiality Before Publication. - A patent application$hich has not yet been published$ and all related docu#ents$ shall note #ade aailable for inspection without the consent of the applicant.(ection 06.Rights Conferred by a Patent +pplication +fterublication. - The applicant shall hae all the rights of a patenteender Section

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'a( That what is clai#ed as the inention is not new orPatentable,'b( That the patent does not disclose the inention in a#anner su5ciently clear and co#plete for it to be carried outby any person skilled in the art, or'c( That the patent is contrary to public order or #orality.

*.2. Khere the grounds for cancellation relate to so#e of the clai#sparts of the clai#$ cancellation #ay be e!ected to such e%tent only.

ecs. 2 and 2D$ +.A. @o. *;6a(ection 62.Re2uirement of the Petition. - The petition for cancellationall be in writing$ eri&ed by the petitioner or by any person in his

ehalf who knows the facts$ specify the grounds upon which it isased$ include a state#ent of the facts to be relied upon$ and &ledth the 45ce. Copies of printed publications or of patents of other

untries$ and other supporting docu#ents #entioned in the petitionall be attached thereto$ together with the translation thereof innglish$ if not in the 7nglish language. 'Sec. 3B$ +.A. @o. *;6(ection 63.3otice of Hearing. - 1pon &ling of a petition forncellation$ the /irector of 0egal A!airs shall forthwith sere notice ofe &ling thereof upon the patentee and all persons haing grants orenses$ or any other right$ title or interest in and to the patent ande inention coered thereby$ as appears of record in the 45ce$ andnotice of the date of hearing thereon on such persons and the

etitioner. @otice of the &ling of the petition shall be published in the4 aette. 'Sec. 3*$ +.A. @o. *;6a(ection 60.Committee of Three. - In cases inoling highly technicalsues$ on #otion of any party$ the /irector of 0egal A!airs #ay orderat the petition be heard and decided by a co##ittee co#posed ofe /irector of 0egal A!airs as chair#an and two '2( #e#bers who

ae the e%perience or e%pertise in the &eld of technology to whiche patent sought to be cancelled relates. The decision of the##ittee shall be appealable to the /irector eneral. 'n(

ection 6.Cancellation of the Patent. - ;6.*. If the Co##ittee &ndsat a case for cancellation has been proed$ it shall order the patentany speci&ed clai# or clai#s thereof cancelled.

6.2. If the Co##ittee &nds that$ taking into consideration the#end#ent #ade by the patentee during the cancellationoceedings$ the patent and the inention to which it relates #eet the?uire#ent of this Act$ it #ay decide to #aintain the patent as

#ended: Proided$ That the fee for printing of a new patent is paidthin the ti#e li#it prescribed in the +egulations.

6.3. If the fee for the printing of a new patent is not paid in due ti#e$e patent should be reoked.

6.). If the patent is a#ended under Subsection ;6.2 hereof$ theureau shall$ at the sa#e ti#e as it publishes the #ention of thencellation decision$ publish the abstract$ representatie clai#s andawings indicating clearly what the a#end#ents consist of. 'n(

ection 66./,ect of Cancellation of Patent or Claim. - The rightsnferred by the patent or any speci&ed clai# or clai#s cancelled shallr#inate. @otice of the cancellation shall be published in the IP4aette. 1nless restrained by the /irector eneral$ the decision order to cancel by /irector of 0egal A!airs shall be i##ediately

%ecutory een pending appeal. 'Sec. 32$ +.A. @o. *;6a(

C!APTER (IIREE&IES $' A PERS$N )IT! A RI!T T$ A PATENT

ection 67.Patent +pplication by Persons 3ot Having the Right to aatent. . - ;

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ection 76.Civil +ction for Infringement. -

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CC( shall apply and the enue of arbitration shall be the Philippines orny neutral country, and.). The Philippine ta%es on all pay#ents relating to the technologyansfer arrange#ent shall be borne by the licensor. 'n(ection 89.Rights of *icensor. - In the absence of any proision to thentrary in the technology transfer arrange#ent$ the grant of a licenseall not preent the licensor fro# granting further licenses to third

erson nor fro# e%ploiting the subect #atter of the technologyansfer arrange#ent hi#self. 'Sec. 33-=$ +.A. *;6a(ection 9+.Rights of *icensee. - The licensee shall be entitled to%ploit the subect #atter of the technology transfer arrange#enturing the whole ter# of the technology transfer arrange#ent. 'Sec.3-C '*($ +.A. *;6a(ection 91./6ceptional Cases. - In e%ceptional or #eritorious cases

here substantial bene&ts will accrue to the econo#y$ such as highchnology content$ increase in foreign e%change earnings$#ploy#ent generation$ regional dispersal of industries andMorbstitution with or use of local raw #aterials$ or in the case of =oardInest#ents$ registered co#panies with pioneer status$ e%e#ption

o# any of the aboe re?uire#ents #ay be allowed by theocu#entation$ Infor#ation and Technology Transfer =ureau afteraluation thereof on a case by case basis. 'n(ection 92.3on4Registration 1ith the Documentation- Informationnd Technology Transfer Bureau. - Technology transfer arrange#entsat confor# with the proisions of Sections ; and < need not begistered with the /ocu#entation$ Infor#ation and Technologyansfer =ureau. @on-confor#ance with any of the proisions ofections < and $ howeer$ shall auto#atically render thechnology transfer arrange#ent unenforceable$ unless saidchnology transfer arrange#ent is approed and registered with theocu#entation$ Infor#ation and Technology Transfer =ureau under theoisions of Section D* on e%ceptional cases. 'n(

C!APTER C$P#"S$R% "ICENSIN

ection 93.'rounds for Compulsory *icensing. - The /irector of 0egal!airs #ay grant a license to e%ploit a patented inention$ eenthout the agree#ent of the patent owner$ in faor of any person who

as shown his capability to e%ploit the inention$ under any of thellowing circu#stances:3.*. @ational e#ergency or other circu#stances of e%tre#e urgency,3.2. Khere the public interest$ in particular$ national security$utrition$ health or the deelop#ent of other ital sectors of theational econo#y as deter#ined by the appropriate agency of theoern#ent$ so re?uires, or3.3. Khere a udicial or ad#inistratie body has deter#ined that theanner of e%ploitation by the owner of the patent or his licensee is

nti-co#petitie, or

3.). In case of public non-co##ercial use of the patent by theatentee$ without satisfactory reason,3.6. If the patented inention is not being worked in the Philippinesn a co##ercial scale$ although capable of being worked$ withouttisfactory reason: Proided$ That the i#portation of the patentedticle shall constitute working or using the patent. 'Secs. 3)$ 3)-A$ 3)-+.A. @o. *;6a(

ection 90.Period for !iling a Petition for a Compulsory *icense . -).*. A co#pulsory license #ay not be applied for on the groundated in Subsection D3.6 before the e%piration of a period of four ')(ears fro# the date of &ling of the application or three '3( years fro#e date of the patent whicheer period e%pires last.

).2. A co#pulsory license which is applied for on any of the groundsated in Subsections D3.2$ D3.3$ and D3.) and Section D< #ay bepplied for at any ti#e after the grant of the patent. 'Sec. 3)'*($ +.A.o. *;6(

ection 9.Re2uirement to "btain a *icense on Reasonableommercial Terms. - D6.*. The license will only be granted after theetitioner has #ade e!orts to obtain authoriation fro# the patentwner on reasonable co##ercial ter#s and conditions but such e!ortsae not been successful within a reasonable period of ti#e.6.2. The re?uire#ent under Subsection D6.* shall not apply in thellowing cases:

'a( Khere the petition for co#pulsory license seeks to re#edya practice deter#ined after udicial or ad#inistratie processto be anti-co#petitie,'b( In situations of national e#ergency or other circu#stancesof e%tre#e urgency,'c( In cases of public non-co##ercial use.

6.3. In situations of national e#ergency or other circu#stances of%tre#e urgency$ the right holder shall be noti&ed as soon asasonably practicable.

6.). In the case of public non-co##ercial use$ where the goern#entcontractor$ without #aking a patent search$ knows or has

de#onstrable grounds to know that a alid patent is or will be useor for the goern#ent$ the right holder shall be infor#ed pro#ptlySection 96.Compulsory *icensing of Patents Involving Semi4Conductor Technology. - In the case of co#pulsory licensing of painoling se#i-conductor technology$ the license #ay only be grain case of public non-co##ercial use or to re#edy a practicedeter#ined after udicial or ad#inistratie process to be anti-co#petitie. 'n(Section 97.Compulsory *icense Based on Interdependence ofPatents. - If the inention protected by a patent$ hereafter referreas the "second patent$" within the country cannot be worked withinfringing another patent$ hereafter referred to as the "&rst patentgranted on a prior application or bene&ting fro# an earlier priorityco#pulsory license #ay be granted to the owner of the second pa

to the e%tent necessary for the working of his inention$ subect tofollowing conditions:D

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'a( If the ground for the grant of the co#pulsory license no longere%ists and is unlikely to recur,'b( If the licensee has neither begun to supply the do#estic #arketnor #ade serious preparation therefor,'c( If the licensee has not co#plied with the prescribed ter#s of thelicense,

B*.3. The licensee #ay surrender the license by a written declarationb#itted to the 45ce.

B*.). The said /irector shall cause the a#end#ent$ surrender$ orncellation in the +egister$ notify the patentee$ andMor the licensee$

nd cause notice thereof to be published in the IP4 aette. 'Sec. 36-+.A. @o. *;6a(

ection 1+2.*icensees /6emption from *iability. - Any person whoorks a patented product$ substance andMor process under a license

anted under this Chapter$ shall be free fro# any liability forfringe#ent: Proided howeer$ That in the case of oluntaryensing$ no collusion with the licensor is proen. This is withouteudice to the right of the rightful owner of the patent to recoero# the licensor whateer he #ay hae receied as royalties undere license. 'Sec. 36-7$ +.A. @o. *;6a(

C!APTER IASSINENT AN& TRANSISSI$N $' RI!TS

ection 1+3.Transmission of Rights. - *B3.*. Patents or applicationsr patents and inention to which they relate$ shall be protected in the#e way as the rights of other property under the Ciil Code.

B3.2. Inentions and any right$ title or interest in and to patents andentions coered thereby$ #ay be assigned or trans#itted byheritance or be?uest or #ay be the subect of a license contract.ec. 6B$ +.A. @o. *;6a(ection 1+0.+ssignment of Inventions. - An assign#ent #ay be ofe entire right$ title or interest in and to the patent and the inentionered thereby$ or of an undiided share of the entire patent andention$ in which eent the parties beco#e oint owners thereof. Ansign#ent #ay be li#ited to a speci&ed territory. 'Sec. 6*$ +.A. @o.

;6(ection 1+.!orm of +ssignment. - The assign#ent #ust be inriting$ acknowledged before a notary public or other o5ceruthoried to ad#inister oath or perfor# notarial acts$ and certi&ednder the hand and o5cial seal of the notary or such other o5cer.ec. 62$ +.A. @o. *;6(ection 1+6.Recording. - *B;.*. The 45ce shall record assign#ents$enses and other instru#ents relating to the trans#ission of any

ght$ title or interest in and to inentions$ and patents or applicationr patents or inentions to which they relate$ which are presented inue for# to the 45ce for registration$ in books and records kept fore purpose. The original docu#ents together with a signed duplicateereof shall be &led$ and the contents thereof should be kept

n&dential. If the original is not aailable$ an authenticated copyereof in duplicate #ay be &led. 1pon recording$ the 45ce shalltain the duplicate$ return the original or the authenticated copy toe party who &led the sa#e and notice of the recording shall be

ublished in the IP4 aette.B;.2. Such instru#ents shall be oid as against any subse?uenturchaser or #ortgagee for aluable consideration and without notice$nless$ it is so recorded in the 45ce$ within three '3( #onths fro# theate of said instru#ent$ or prior to the subse?uent purchase orortgage. 'Sec. 63$ +.A. @o. *;6a(ection 1+7.Rights of 9oint "1ners. - If two '2( or #ore personsntly own a patent and the inention coered thereby$ either by the

suance of the patent in their oint faor or by reason of thesign#ent of an undiided share in the patent and inention or byason of the succession in title to such share$ each of the oint ownersall be entitled to personally #ake$ use$ sell$ or i#port the inention

r his own pro&t: Proided$ howeer$ That neither of the oint ownersall be entitled to grant licenses or to assign his right$ title or interestpart thereof without the consent of the other owner or owners$ orthout proportionally diiding the proceeds with such other owner or

wners. 'Sec. 6)$ +.A. @o. *;6(

C!APTER IIREISTRATI$N $' #TI"IT% $&E"S

ection 1+8.+pplicability of Provisions Relating to Patents. - *B.*.ubect to Section *BD$ the proisions goerning patents shall apply$utatis #utandis$ to the registration of utility #odels.

B.2. Khere the right to a patent conLicts with the right to a utilityodel registration in the case referred to in Section 2D$ the saidoision shall apply as if the word "patent" were replaced by theords "patent or utility #odel registration". 'Sec. 66$ +.A. @o. *;6a(

Section 1+9.Special Provisions Relating to 0tility .odels. - *BD.An inention ?uali&es for registration as a utility #odel if it is newindustrially applicable.

'b( Section 2*$ "Patentable Inentions"$ shall apply e%cepreference to inentie step as a condition of protection.

*BD.2. Sections )3 to )D shall not apply in the case of applicationsregistration of a utility #odel.*BD.3. A utility #odel registration shall e%pire$ without any possibof renewal$ at the end of the seenth year after the date of the &lthe application.*BD.). In proceedings under Sections ;* to ;)$ the utility #odelregistration shall be canceled on the following grounds:

'a( That the clai#ed inention does not ?ualify for registas a utility #odel and does not #eet the re?uire#ents of

registrability$ in particular haing regard to Subsection *and Sections 22$ 23$ 2) and 2

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e not co#plied within the prescribed period$ the application shall bensidered withdrawn.

*;.3. After the application has been accorded a &ling date and the?uired fees paid on ti#e$ the applicant shall co#ply with the?uire#ents of Section **) within the prescribed period$ otherwisee application shall be considered withdrawn.

*;.). The 45ce shall e%a#ine whether the industrial design co#pliesth re?uire#ents of Section **2 and Subsections **3.2 and **3.3. 'n(

ection 117.Registration. - **

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'h( Consists e%clusiely of signs that are generic for the goodsor serices that they seek to identify,'i( Consists e%clusiely of signs or of indications that haebeco#e custo#ary or usual to designate the goods orserices in eeryday language or in bona &de and establishedtrade practice,'( Consists e%clusiely of signs or of indications that #aysere in trade to designate the kind$ ?uality$ ?uantity$intended purpose$ alue$ geographical origin$ ti#e orproduction of the goods or rendering of the serices$ or othercharacteristics of the goods or serices,'k( Consists of shapes that #ay be necessitated by technicalfactors or by the nature of the goods the#seles or factorsthat a!ect their intrinsic alue,

'l( Consists of color alone$ unless de&ned by a gien for#, or'#( Is contrary to public order or #orality.23.2. As regards signs or deices #entioned in paragraphs '($ 'k($nd 'l($ nothing shall preent the registration of any such sign oreice which has beco#e distinctie in relation to the goods for whichgistration is re?uested as a result of the use that hae been #ade ofin co##erce in the Philippines. The 45ce #ay accept as pri#a facie

idence that the #ark has beco#e distinctie$ as used in connectionth the applicantJs goods or serices in co##erce$ proof ofbstantially e%clusie and continuous use thereof by the applicant in##erce in the Philippines for &e '6( years before the date on whiche clai# of distinctieness is #ade.

23.3. The nature of the goods to which the #ark is applied will notnstitute an obstacle to registration. 'Sec. )$ +.A. @o. *;;a(

ection 120.Re2uirements of +pplication. - *2).*. The application fore registration of the #ark shall be in >ilipino or in 7nglish and shallntain the following:

'a( A re?uest for registration,'b( The na#e and address of the applicant,'c( The na#e of a State of which the applicant is a national orwhere he has do#icile, and the na#e of a State in which theapplicant has a real and e!ectie industrial or co##ercialestablish#ent$ if any,'d( Khere the applicant is a uridical entity$ the law underwhich it is organied and e%isting,'e( The appoint#ent of an agent or representatie$ if theapplicant is not do#iciled in the Philippines,'f( Khere the applicant clai#s the priority of an earlierapplication$ an indication of:

i( The na#e of the State with whose national o5cethe earlier application was &led or if &led with ano5ce other than a national o5ce$ the na#e of thato5ce$

ii( The date on which the earlier application was &led$andiii( Khere aailable$ the application nu#ber of theearlier application,

'g( Khere the applicant clai#s color as a distinctie feature ofthe #ark$ a state#ent to that e!ect as well as the na#e orna#es of the color or colors clai#ed and an indication$ inrespect of each color$ of the principal parts of the #ark whichare in that color,'h( Khere the #ark is a three-di#ensional #ark$ a state#entto that e!ect,'i( 4ne or #ore reproductions of the #ark$ as prescribed inthe +egulations,'( A transliteration or translation of the #ark or of so#e partsof the #ark$ as prescribed in the +egulations,'k( The na#es of the goods or serices for which the

registration is sought$ grouped according to the classes of the@ice Classi&cation$ together with the nu#ber of the class ofthe said Classi&cation to which each group of goods orserices belongs, and'l( A signature by$ or other self-identi&cation of$ the applicantor his representatie.

2).2. The applicant or the registrant shall &le a declaration of actuale of the #ark with eidence to that e!ect$ as prescribed by the

egulations within three '3( years fro# the &ling date of thepplication. 4therwise$ the application shall be refused or the #arkall be re#oed fro# the +egister by the /irector.

2).3. 4ne '*( application #ay relate to seeral goods andMor serices$hether they belong to one '*( class or to seeral classes of the @iceassi&cation.

2).). If during the e%a#ination of the application$ the 45ce &ndsctual basis to reasonably doubt the eracity of any indication ore#ent in the application$ it #ay re?uire the applicant to sub#it5cient eidence to re#oe the doubt. 'Sec. 6$ +.A. @o. *;;a(

Section 12.Representation7 +ddress for Service. - If the applicanot do#iciled or has no real and e!ectie co##ercial establish#ethe Philippines$ he shall designate by a written docu#ent &led in 45ce$ the na#e and address of a Philippine resident who #ay besered notices or process in proceedings a!ecting the #ark. Suchnotices or serices #ay be sered upon the person so designatedleaing a copy thereof at the address speci&ed in the last designa&led. If the person so designated cannot be found at the address gin the last designation$ such notice or process #ay be sered upo/irector. 'Sec. 3$ +.A. @o. *;;a(Section 126.Disclaimers. - The 45ce #ay allow or re?uire theapplicant to disclai# an unregistrable co#ponent of an otherwiseregistrable #ark but such disclai#er shall not preudice or a!ect tapplicantJs or ownerJs rights then e%isting or thereafter arising in

disclai#ed #atter$ nor such shall disclai#er preudice or a!ect thapplicantJs or ownerJs right on another application of later date if disclai#ed #atter beca#e distinctie of the applicantJs or ownerJgoods$ business or serices. 'Sec. *3$ +.A. @o. *;;a(Section 127.!iling Date. - *2ilipino:

'a( An e%press or i#plicit indication that the registration #ark is sought,'b( The identity of the applicant,'c( Indications su5cient to contact the applicant or hisrepresentatie$ if any,'d( A reproduction of the #ark whose registration is sougand'e( The list of the goods or serices for which the registrais sought.

*2

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bse?uent regularly &led application in the sa#e foreign country:oided$ That any foreign application &led prior to such subse?uent

pplication has been withdrawn$ abandoned$ or otherwise disposed of$thout haing been laid open to public inspection and without leaing

ny rights outstanding$ and has not sered$ nor thereafter shall sere$ a basis for clai#ing a right of priority. 'Sec. 3inancial and Gu#+esource /eelop#ent Serice =ureau a new certi&cate of registr#ay be issued without charge. All certi&cates of correction heretoissued in accordance with the +egulations and the registration to

they are attached shall hae the sa#e force and e!ect as if suchcerti&cates and their issuance had been authoried by this Act. 'nSection 103.Correction of .ista(es .ade by +pplicant. - Khene#istake is #ade in a registration and such #istake occurred in gofaith through the fault of the applicant$ the 45ce #ay issue acerti&cate upon the pay#ent of the prescribed fee: Proided$ Thatcorrection does not inole any change in the registration that re?republication of the #ark. 'n(Section 100.Classication of 'oods and Services. - *)).*. 7achregistration$ and any publication of the 45ce which concerns anapplication or registration e!ected by the 45ce shall indicate thegoods or serices by their na#es$ grouped according to the classethe @ice Classi&cation$ and each group shall be preceded by thenu#ber of the class of that Classi&cation to which that group of gor serices belongs$ presented in the order of the classes of the saClassi&cation.*)).2. oods or serices #ay not be considered as being si#ilar odissi#ilar to each other on the ground that$ in any registration or

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ublication by the 45ce$ they appear in di!erent classes of the @iceassi&cation. 'Sec. ;$ +.A. @o. *;;a(ection 10.Duration. - A certi&cate of registration shall re#ain inrce for ten '*B( years: Proided$ That the registrant shall &le aeclaration of actual use and eidence to that e!ect$ or shall showlid reasons based on the e%istence of obstacles to such use$ asescribed by the +egulations$ within one '*( year fro# the &fth

nniersary of the date of the registration of the #ark. 4therwise$ theark shall be re#oed fro# the +egister by the 45ce. 'Sec. *2$ +.A.o. *;;a(ection 106.Rene1al. - *);.*. A certi&cate of registration #ay benewed for periods of ten '*B( years at its e%piration upon pay#ent ofe prescribed fee and upon &ling of a re?uest. The re?uest shallntain the following indications:

'a( An indication that renewal is sought,'b( The na#e and address of the registrant or his successor-in-interest$ hereafter referred to as the "right holder",'c( The registration nu#ber of the registration concerned,'d( The &ling date of the application which resulted in theregistration concerned to be renewed,'e( Khere the right holder has a representatie$ the na#e andaddress of that representatie,'f( The na#es of the recorded goods or serices for which therenewal is re?uested or the na#es of the recorded goods orserices for which the renewal is not re?uested$ groupedaccording to the classes of the @ice Classi&cation to whichthat group of goods or serices belongs and presented in theorder of the classes of the said Classi&cation, and'g( A signature by the right holder or his representatie.

);.2. Such re?uest shall be in >ilipino or 7nglish and #ay be #ade atny ti#e within si% ';( #onths before the e%piration of the period forhich the registration was issued or renewed$ or it #ay be #adethin si% ';( #onths after such e%piration on pay#ent of the

dditional fee herein prescribed.);.3. If the 45ce refuses to renew the registration$ it shall notify thegistrant of his refusal and the reasons therefor.

);.). An applicant for renewal not do#iciled in the Philippines shalle subect to and co#ply with the re?uire#ents of this Act. 'Sec. *6$A. @o. *;;a(ection 107.Rights Conferred. - *)

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eco#es &nal$ any right conferred by such registration upon thegistrant or any person in interest of record shall ter#inate. @otice ofncellation shall be published in the IP4 aette. 'Sec. *D$ +.A. @o.

;;a(ection 1.Remedies7 Infringement. - Any person who shall$ withoute consent of the owner of the registered #ark:

66.*. 1se in co##erce any reproduction$ counterfeit$ copy$ orlorable i#itation of a registered #ark or the sa#e container or a

o#inant feature thereof in connection with the sale$ o!ering for sale$stribution$ adertising of any goods or serices including othereparatory steps necessary to carry out the sale of any goods orrices on or in connection with which such use is likely to causenfusion$ or to cause #istake$ or to deceie, or

66.2. +eproduce$ counterfeit$ copy or colorably i#itate a registered

ark or a do#inant feature thereof and apply such reproduction$unterfeit$ copy or colorable i#itation to labels$ signs$ prints$ackages$ wrappers$ receptacles or adertise#ents intended to beed in co##erce upon or in connection with the sale$ o!ering forle$ distribution$ or adertising of goods or serices on or innnection with which such use is likely to cause confusion$ or to causeistake$ or to deceie$ shall be liable in a ciil action for infringe#ent

y the registrant for the re#edies hereinafter set forth: Proided$ Thate infringe#ent takes place at the #o#ent any of the acts stated in

ubsection *66.* or this subsection are co##itted regardless ofhether there is actual sale of goods or serices using the infringingaterial. 'Sec. 22$ +.A. @o *;;a(ection 16.+ctions- and Damages and In5unction for Infringement. -6;.*. The owner of a registered #ark #ay recoer da#ages fro# anyerson who infringes his rights$ and the #easure of the da#ages!ered shall be either the reasonable pro&t which the co#plaining

arty would hae #ade$ had the defendant not infringed his rights$ ore pro&t which the defendant actually #ade out of the infringe#ent$in the eent such #easure of da#ages cannot be readilycertained with reasonable certainty$ then the court #ay award as

a#ages a reasonable percentage based upon the a#ount of grossles of the defendant or the alue of the serices in connection withhich the #ark or trade na#e was used in the infringe#ent of theghts of the co#plaining party. 'Sec. 23$ &rst par.$ +.A. @o. *;;a(6;.2. 4n application of the co#plainant$ the court #ay i#pounduring the pendency of the action$ sales inoices and other docu#entsidencing sales. 'n(6;.3. In cases where actual intent to #islead the public or to defraude co#plainant is shown$ in the discretion of the court$ the da#agesay be doubled. 'Sec. 23$ &rst par.$ +.A. @o. *;;(

6;.). The co#plainant$ upon proper showing$ #ay also be grantedunction. 'Sec. 23$ second par.$ +.A. @o. *;;a(

ection 17.Po1er of Court to "rder Infringing .aterial Destroyed . -

6

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ection 166.'oods Bearing Infringing .ar(s or Trade 3ames. - @oticle of i#ported #erchandise which shall copy or si#ulate the na#eany do#estic product$ or #anufacturer$ or dealer$ or which shallpy or si#ulate a #ark registered in accordance with the proisionsthis Act$ or shall bear a #ark or trade na#e calculated to induce the

ublic to beliee that the article is #anufactured in the Philippines$ orat it is #anufactured in any foreign country or locality other than theuntry or locality where it is in fact #anufactured$ shall be ad#ittedentry at any custo#house of the Philippines. In order to aid the

5cers of the custo#s serice in enforcing this prohibition$ any personho is entitled to the bene&ts of this Act$ #ay re?uire that his na#end residence$ and the na#e of the locality in which his goods areanufactured$ a copy of the certi&cate of registration of his #ark orade na#e$ to be recorded in books which shall be kept for this

urpose in the =ureau of Custo#s$ under such regulations as theollector of Custo#s with the approal of the Secretary of >inanceall prescribe$ and #ay furnish to the said =ureau facsi#iles of his

a#e$ the na#e of the locality in which his goods are #anufactured$his registered #ark or trade na#e$ and thereupon the Collector of

usto#s shall cause one '*( or #ore copies of the sa#e to beans#itted to each collector or to other proper o5cer of the =ureau ofusto#s. 'Sec. 36$ +.A. @o. *;;(ection 167.Collective .ar(s. - *;or the purpose of this Act$ the followter#s hae the following #eaning:*

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ach part shall be the original owner of the copyright in the part thate has created,or the said societies toenforce the rights of their #e#bers$ they shall &rst secure thenecessary accreditation fro# the Intellectual Property 45ce. 'SecP./. @o. )Da("

C!APTER (III"IITATI$NS $N C$P%RI!T

Section 180.*imitations on Copyright. - *).*. @otwithstanding proisions of Chapter 9$ the following acts shall not constituteinfringe#ent of copyright:

'a( The recitation or perfor#ance of a work$ once it has blawfully #ade accessible to the public$ if done priately afree of charge or if #ade strictly for a charitable or religiinstitution or society, 'Sec. *B'*($ P./. @o. )D('b( The #aking of ?uotations fro# a published work if thare co#patible with fair use and only to the e%tent usti&for the purpose$ including ?uotations fro# newspaper arand periodicals in the for# of press su##aries: ProidedThat the source and the na#e of the author$ if appearingthe work$ are #entioned, 'Sec. **$ third par.$ P./. @o. )D('c( The reproduction or co##unication to the public by ##edia of articles on current political$ social$ econo#ic$scienti&c or religious topic$ lectures$ addresses and otheworks of the sa#e nature$ which are deliered in public isuch use is for infor#ation purposes and has not beene%pressly resered: Proided$ That the source is clearlyindicated, 'Sec. **$ P./. @o. )D('d( The reproduction and co##unication to the public ofliterary$ scienti&c or artistic works as part of reports of cueents by #eans of photography$ cine#atography orbroadcasting to the e%tent necessary for the purpose, 'S*2$ P./. @o. )D('e( The inclusion of a work in a publication$ broadcast$ orother co##unication to the public$ sound recording or &such inclusion is #ade by way of illustration for teachingpurposes and is co#patible with fair use: Proided$ That source and of the na#e of the author$ if appearing in thework$ are #entioned,'f( The recording #ade in schools$ uniersities$ or educatinstitutions of a work included in a broadcast for the use

such schools$ uniersities or educational institutions:Proided$ That such recording #ust be deleted within areasonable period after they were &rst broadcast: Proidfurther$ That such recording #ay not be #ade fro#audioisual works which are part of the general cine#arepertoire of feature &l#s e%cept for brief e%cerpts of thework,'g( The #aking of ephe#eral recordings by a broadcastinorganiation by #eans of its own facilities and for use in own broadcast,'h( The use #ade of a work by or under the direction orcontrol of the oern#ent$ by the @ational 0ibrary or byeducational$ scienti&c or professional institutions where suse is in the public interest and is co#patible with fair us'i( The public perfor#ance or the co##unication to the pof a work$ in a place where no ad#ission fee is charged i

respect of such public perfor#ance or co##unication$ byclub or institution for charitable or educational purpose owhose ai# is not pro&t #aking$ subect to such otherli#itations as #ay be proided in the +egulations, 'n('( Public display of the original or a copy of the work not#ade by #eans of a &l#$ slide$ teleision i#age or otheron screen or by #eans of any other deice or process:Proided$ That either the work has been published$ or$ ththe original or the copy displayed has been sold$ gien aor otherwise transferred to another person by the authorhis successor in title, and'k( Any use #ade of a work for the purpose of any udiciaproceedings or for the giing of professional adice by a practitioner.'l( the reproduction or distribution of published articles o#aterials in a specialied for#at e%clusiely for the use oblind$ isually- and reading-i#paired persons: Provided-Tsuch copies and distribution shall be #ade on a nonpro&

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basis and shall indicate the copyright owner and the date ofthe original publication.

).2. The proisions of this section shall be interpreted in such a way to allow the work to be used in a #anner which does not conLictth the nor#al e%ploitation of the work and does not unreasonablyeudice the right holderJs legiti#ate interests.

7C. *6. !air 0se of a Copyrighted

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daptation of such work$ for publication$ broadcast$ use in a #otioncture$ dra#atiation$ or #echanical or electrical reproduction incordance with the reasonable and custo#ary standards or?uire#ents of the #ediu# in which the work is to be used$ shall not

e dee#ed to contraene the authorJs rights secured by this chapter.or shall co#plete destruction of a work unconditionally transferred bye author be dee#ed to iolate such rights. 'Sec. 3$ P./. @o. )D(

7C. *D. Term of .oral Rights)E *D.*. the right of an author underection *D3.*. shall last during the lifeti#e of the author and inerpetuity after his death while the rights under Sections *D3.2. *D3.3.nd *D3.). shall be coter#inous with the econo#ic rights$ the #oralghts shall not be assignable or subect to license. the person orersons to be charged with the posthu#ous enforce#ent of theseghts shall be na#ed in a written instru#ent which shall be &led with

e @ational 0ibrary. In default of such person or persons$ suchnforce#ent shall deole upon either the authorFs heirs$ and inefault of the heirs$ the /irector of the @ational 0ibrary.ection 199./nforcement Remedies. - 9iolation of any of the rightsnferred by this Chapter shall entitle those charged with their

nforce#ent to the sa#e rights and re#edies aailable to a copyrightwner. In addition$ da#ages which #ay be aailed of under the Ciilode #ay also be recoered. Any da#age recoered after theeatorJs death shall be held in trust for and re#itted to his heirs$ anddefault of the heirs$ shall belong to the goern#ent. 'Sec. )B$ P /

o. )D(C!APTER I

RI!TS T$ PR$CEE&S IN S#BSE#ENT TRANS'ERSection 2++.Sale or *ease of

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ection 2+9.Communication to the Public. - If a sound recordingublished for co##ercial purposes$ or a reproduction of such soundcording$ is used directly for broadcasting or for other co##unicationthe public$ or is publicly perfor#ed with the intention of #aking and

nhancing pro&t$ a single e?uitable re#uneration for the perfor#er orerfor#ers$ and the producer of the sound recording shall be paid bye user to both the perfor#ers and the producer$ who$ in the absenceany agree#ent shall share e?ually. 'Sec. )

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"'2( the Lagrancy of the infringe#ent,

"'3( Khether the defendant acted in bad faith,

"')( the need for deterrence,

"'6( Any loss that the plainti! has su!ered or is likely to su!er

by reason of the infringe#ent, and

"';( Any bene&t shown to hae accrued to the defendant by

reason of the infringe#ent.

n case the infringer was not aware and had no reason to beliee that

s acts constitute an infringe#ent of copyright$ the court in its

scretion #ay reduce the award of statutory da#ages to a su# of not

ore than Ten thousand pesos 'Php*B$BBB.BB(: Provided-That the

#ount of da#ages to be awarded shall be doubled against any

erson who:

"'i( Circu#ents e!ectie technological #easures, or

"'ii( Gaing reasonable grounds to know that it will induce$

enable$ facilitate or conceal the infringe#ent$ re#oe or alter

any electronic rights #anage#ent infor#ation fro# a copy of

a work$ sound recording$ or &%ation of a perfor#ance$ or

distribute$ i#port for distribution$ broadcast$ or co##unicate

to the public works or copies of works without authority$

knowing that electronic rights #anage#ent infor#ation has

been re#oed or altered without authority.

*;.2. In an infringe#ent action$ the court shall also hae the power to

der the seiure and i#pounding of any article which #ay sere as

idence in the court proceedings$ in accordance with the rules on

arch and seiure inoling iolations of intellectual property rights

sued by the Supre#e Court. 'Sec. 2$ P./. @o. )Da(

he foregoing shall not preclude an independent suit for relief by the

ured party by way of da#ages$ inunction$ accounts or otherwise.

ection 217.Criminal Penalties. - 2*ie hundred thousand pesos 'P6BB$BBB(for the second o!ense.'c( I#prison#ent of si% ';( years and one '*( day to nine 'D(years plus a &ne ranging fro# &e hundred thousand pesos'P6BB$BBB( to 4ne #illion &e hundred thousand pesos'P*$6BB$BBB( for the third and subse?uent o!enses.'d( In all cases$ subsidiary i#prison#ent in cases of

insolency.

*

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e copyright in ?uestion or his authoried agent of the seiure oretention$ as the case #ay be.

C!APTER (IIISC$PE $' APP"ICATI$N

ection 221.Points of +ttachment for ? and>@. - 22*.*. The protection a!orded by this Act to copyrightableorks under Sections *

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ecessary for its continued i#ple#entations shall be included in thennual eneral Appropriations Act. 'n(ection 20+.Repeals. - 23D.*. All Acts and parts of Acts inconsistenterewith$ #ore particularly +epublic Act @o. *;6$ as a#ended,epublic Act @o. *;;$ as a#ended, and Articles * and *D of theeised Penal Code, Presidential /ecree @o. )D$ including Presidentialecree @o. 26$ as a#ended$ are hereby repealed.3D.2. arks registered under +epublic Act @o. *;; shall re#ain inrce but shall be dee#ed to hae been granted under this Act andall be due for renewal within the period proided for under this Act

nd$ upon renewal shall be reclassi&ed in accordance with theternational Classi&cation. Trade na#es and #arks registered in the

Supple#ental +egister under +epublic Act @o. *;; shall re#ain inbut shall no longer be subect to renewal.23D.3. The proisions of this Act shall apply to works in whichcopyright protection obtained prior to the e!ectiity of this Act issubsisting: Proided$ That the application of this Act shall not resuthe di#inution of such protection. 'n(Section 201.Separability. - If any proision of this Act or theapplication of such proision to any circu#stances is held inalid$ re#ainder of the Act shall not be a!ected thereby. 'n(Section 202./,ectivity. - This Act shall take e!ect on * Nanuary 'n(Approed:June 6, 1997