republic act no. 8293 intellectual property code.docx

7/25/2019 Republic Act No. 8293 Intellectual Property Code.docx

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Republic Act No. 8293 June 6, 1997

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

'$R $T!ER P#RP$SES

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled::

PART I

T!E INTE""ECT#A" PR$PERT% $''ICE

Section 1.Title. - This Act shall be known as the "Intellectual Property Code of the Philippines."

Section 2.Declaration of State Policy. - The State recognies that an effecti!e intellectual andindustrial property syste is !ital to the de!elopent of doestic and creati!e acti!ity# facilitatestransfer of technology# attracts foreign in!estents# and ensures arket access for our products. It

shall protect and secure the e$clusi!e rights of scientists# in!entors# artists and other gifted citiensto their intellectual property and creations# particularly when beneficial to the people# for suchperiods as pro!ided in this Act.

The use of intellectual property bears a social function. To this end# the State shall proote thediffusion of knowledge and inforation for the prootion of national de!elopent and progress andthe coon good.

It is also the policy of the State to strealine adinistrati!e procedures of registering patents#tradearks and copyright# to liberalie the registration on the transfer of technology# and to enhancethe enforceent of intellectual property rights in the Philippines. %n&

Section 3.International Conventions and Reciprocity. - Any person who is a national or who isdoiciled or has a real and effecti!e industrial establishent in a country which is a party to anycon!ention# treaty or agreeent relating to intellectual property rights or the repression of unfaircopetition# to which the Philippines is also a party# or e$tends reciprocal rights to nationals of thePhilippines by law# shall be entitled to benefits to the e$tent necessary to gi!e effect to any pro!isionof such con!ention# treaty or reciprocal law# in addition to the rights to which any owner of anintellectual property right is otherwise entitled by this Act. %n&

Section *.Definitions. - '.(. The ter "intellectual property rights" consists of:

a& Copyright and )elated )ights*

b& Tradearks and Ser!ice +arks*

c& ,eographic Indications*

d& Industrial esigns*

e& Patents*

f& ayout-esigns %Topographies& of Integrated Circuits* and


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g& Protection of /ndisclosed Inforation %n# T)IPS&.

'.0. The ter "technology transfer arrangeents" refers to contracts or agreeents in!ol!ing thetransfer of systeatic knowledge for the anufacture of a product# the application of a process# orrendering of a ser!ice including anageent contracts* and the transfer# assignent or licensing ofall fors of intellectual property rights# including licensing of coputer software e$cept coputer

software de!eloped for ass arket.

'.1. The ter "2ffice" refers to the Intellectual Property 2ffice created by this Act.

'.'. The ter "IP2 ,aette" refers to the gaette published by the 2ffice under this Act. %n&

Section +.unctions of the Intellectual Property !ffice "IP!#. - 3.(. To adinister and ipleent theState policies declared in this Act# there is hereby created the Intellectual Property 2ffice %IP2& whichshall ha!e the following functions:

a& 4$aine applications for grant of letters patent for in!entions and register utility odelsand industrial designs*

b& 4$aine applications for the registration of arks# geographic indication# integratedcircuits*

c& )egister technology transfer arrangeents and settle disputes in!ol!ing technologytransfer payents co!ered by the pro!isions of Part II# Chapter I5 on 6oluntary icensingand de!elop and ipleent strategies to proote and facilitate technology transfer*

d& Proote the use of patent inforation as a tool for technology de!elopent*

e& Publish regularly in its own publication the patents# arks# utility odels and industrialdesigns# issued and appro!ed# and the technology transfer arrangeents registered*

f& Adinistrati!ely ad7udicate contested proceedings affecting intellectual property rights* and

g& Coordinate with other go!ernent agencies and the pri!ate sector efforts to forulate andipleent plans and policies to strengthen the protection of intellectual property rights in thecountry.

3.0. The 2ffice shall ha!e custody of all records# books# drawings# specifications# docuents# andother papers and things relating to intellectual property rights applications filed with the 2ffice. %n&

Section 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 andassisted by an Assistant irector. These 9ureaus are:

a& The 9ureau of Patents*

b& The 9ureau of Tradearks*


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c& The 9ureau of egal Affairs*

d& The ocuentation# Inforation and Technology Transfer 9ureau*

e& The +anageent Inforation Syste and 4P 9ureau* and

f& The Adinistrati!e# inancial and Personnel Ser!ices 9ureau.

8.1. The irector ,eneral# eputies irector ,eneral# irectors and Assistant irectors shall beappointed by the President# and the other officers and eployees of the 2ffice by the Secretary ofTrade and Industry# conforably with and under the Ci!il Ser!ice aw. %n&

Section 7.The Director %eneral and Deputies Director %eneral. - ;.(. unctions. - The irector,eneral shall e$ercise the following powers and functions:

a& +anage and direct all functions and acti!ities of the 2ffice# including the proulgation ofrules and regulations to ipleent the ob7ecti!es# policies# plans# progras and pro7ects ofthe 2ffice: Pro!ided# That in the e$ercise of the authority to propose policies and standards

in relation to the following: %(& the effecti!e# efficient# and econoical operations of the 2fficere


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;.1. Ter of 2ffice. - The irector ,eneral and the eputies irector ,eneral shall be appointed bythe President for a ter of fi!e %3& years and shall be eligible for reappointent only once: Pro!ided#That the first irector ,eneral shall ha!e a first ter of se!en %;& years. Appointent to any !acancyshall 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 iediate staff and such 2ffices andSer!ices that the irector ,eneral will set up to support directly the 2ffice of the irector ,eneral.%n&

Section 8.The Bureau of Patents. - The 9ureau of Patents shall ha!e the following functions:

@.(. Search and e$aination of patent applications and the grant of patents*

@.0. )egistration of utility odels# industrial designs# and integrated circuits* and

@.1. Conduct studies and researches in the field of patents in order to assist the irector ,eneral inforulating policies on the adinistration and e$aination of patents. %n&

Section 9.The Bureau of Trademar&s. - The 9ureau of Tradearks shall ha!e the followingfunctions:

.(. Search and e$aination of the applications for the registration of arks# geographic indicationsand other arks of ownership and the issuance of the certificates of registration* and

.0. Conduct studies and researches in the field of tradearks in order to assist the irector ,eneralin forulating policies on the adinistration and e$aination of tradearks. %n&

Section 1.The Bureau of 'egal (ffairs. - The 9ureau of egal Affairs shall ha!e the followingfunctions:

(?.(. Bear and decide opposition to the application for registration of arks* cancellation oftradearks* sub7ect to the pro!isions of Section 8'# cancellation of patents# utility odels# andindustrial designs* and petitions for copulsory licensing of patents*

(?.0. %a& 4$ercise original 7urisdiction in adinistrati!e coplaints for !iolations of laws in!ol!ingintellectual property rights: Pro!ided# That its 7urisdiction is liited to coplaints where the totaldaages claied are not less than Two hundred thousand pesos %P0??#???&: Pro!ided further# Thata!ailent of the pro!isional reedies ay be granted in accordance with the )ules of Court. Theirector of egal Affairs shall ha!e the power to hold and punish for contept all those whodisregard orders or writs issued in the course of the proceedings. %n&

%b& After foral in!estigation# the irector for egal Affairs ay ipose one %(& or ore of thefollowing adinistrati!e penalties:

%i& The issuance of a cease and desist order which shall specify the acts that therespondent shall cease and desist fro and shall re


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%ii& The acceptance of a !oluntary assurance of copliance or discontinuance asay be iposed. Such !oluntary assurance ay include one or ore of thefollowing:

%(& An assurance to coply with the pro!isions of the intellectual property law!iolated*

%0& An assurance to refrain fro engaging in unlawful and unfair acts andpractices sub7ect of the foral in!estigation*

%1& An assurance to recall# replace# repair# or refund the oney !alue ofdefecti!e goods distributed in coerce* and

%'& An assurance to reiburse the coplainant the e$penses and costsincurred in prosecuting the case in the 9ureau of egal Affairs.

The irector of egal Affairs ay also re


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Section 11.The Documentation) Information and Technology Transfer Bureau. - Theocuentation# Inforation and Technology Transfer 9ureau shall ha!e the following functions:

((.(. Support the search and e$aination acti!ities of the 2ffice through the following acti!ities:

%a& +aintain and upkeep classification systes whether they be national or international

such as the International Patent Classification %IPC& syste*

%b& Pro!ide ad!isory ser!ices for the deterination of search patterns*

%c& +aintain search files and search roos and reference libraries* and

%d& Adapt and package industrial property inforation.

((.0. 4stablish networks or interediaries or regional representati!es*

((.1. 4ducate the public and build awareness on intellectual property through the conduct ofseinars and lectures# and other siilar acti!ities*

((.'. 4stablish working relations with research and de!elopent institutions as well as with local andinternational intellectual property professional groups and the like*

((.3. Perfor state-of-the-art searches*

((.8. Proote the use of patent inforation as an effecti!e tool to facilitate the de!elopent oftechnology in the country*

((.;. Pro!ide technical# ad!isory# and other ser!ices relating to the licensing and prootion oftechnology# and carry out an efficient and effecti!e progra for technology transfer* and

((.@. )egister technology transfer arrangeents# and settle disputes in!ol!ing technology transferpayents. %n&

Section 12.The *anagement Information Services and +DP Bureau. - The +anageentInforation Ser!ices and 4P 9ureau shall:

(0.(. Conduct autoation planning# research and de!elopent# testing of systes# contracts withfirs# contracting# purchase and aintenance of e


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%c& Publish patent applications and grants# tradeark applications# and registration of arks#industrial designs# utility odels# geographic indication# and lay-out-designs of integratedcircuits registrations.

(1.0. The Patent and Tradeark Adinistration Ser!ices shall perfor the following functionsaong others:

%a& +aintain registers of assignents# ergings# licenses# and bibliographic on patents andtradearks*

%b& Collect aintenance fees# issue certified copies of docuents in its custody and perforsiilar other acti!ities* and

%c& Bold in custody all the applications filed with the office# and all patent grants# certificate ofregistrations issued by the office# and the like.

(1.1. The inancial Ser!ice shall forulate and anage a financial progra to ensure a!ailabilityand proper utiliation of funds* pro!ide for an effecti!e onitoring syste of the financial operations

of the 2ffice* and

(1.'. The Buan )esource e!elopent Ser!ice shall design and ipleent huan resourcede!elopent plans and progras for the personnel of the 2ffice* pro!ide for present and futureanpower needs of the organiation* aintain high orale and fa!orable eployee attitudestowards the organiation through the continuing design and ipleentation of eployeede!elopent progras. %n&

Section 1*.,se of Intellectual Property Rights ees by the IP!. - ('.(. or a ore effecti!e ande$peditious ipleentation of this Act# the irector ,eneral shall be authoried to retain# withoutneed of a separate appro!al fro any go!ernent agency# and sub7ect only to the e$istingaccounting and auditing rules and regulations# all the fees# fines# royalties and other charges#

collected by the 2ffice under this Act and the other laws that the 2ffice will be andated toadinister# for use in its operations# like upgrading of its facilities# e


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consideration of any atter subitted to the 2ffice relati!e to the enforceent of the pro!isions ofthis Act. %Sec. 1# ).A. o. (83a&

Section 16.Seal of !ffice. - The 2ffice shall ha!e a seal# the for and design of which shall beappro!ed by the irector ,eneral. %Sec. '# ).A. o. (83a&

Section 17.Publication of 'a-s and Regulations. - The irector ,eneral shall cause to be printedand ake a!ailable for distribution# paphlet copies of this Act# other pertinent laws# e$ecuti!eorders and inforation circulars relating to atters within the 7urisdiction of the 2ffice. %Sec. 3# ).A.o. (83a&

Section 18.The IP! %a$ette. - All atters re


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ay be# or ay relate to# a product# or process# or an ipro!eent of any of the foregoing. %Sec. ;#).A. o. (83a&

Section 22./on0Patentable Inventions. - The following shall be e$cluded fro patent protection:

00.(. isco!eries# scientific theories and atheatical ethods*

00.0. Schees# rules and ethods of perforing ental acts# playing gaes or doing business# andprogras for coputers*

00.1. +ethods for treatent of the huan or anial body by surgery or therapy and diagnosticethods practiced on the huan or anial body. This pro!ision shall not apply to products andcoposition for use in any of these ethods*

00.'. Plant !arieties or anial breeds or essentially biological process for the production of plants oranials. This pro!ision shall not apply to icro-organiss and non-biological and icrobiologicalprocesses.

Pro!isions under this subsection shall not preclude Congress to consider the enactent of a lawpro!iding sui generis protection of plant !arieties and anial breeds and a syste of counityintellectual rights protection:

00.3. Aesthetic creations* and

00.8. Anything which is contrary to public order or orality. %Sec. @# ).A. o. (83a&

Section 23./ovelty. . - An in!ention shall not be considered new if it fors part of a prior art. %Sec.# ).A. o. (83a&

Section 2*.Prior (rt. - Prior art shall consist of:

0'.(. 4!erything which has been ade a!ailable to the public anywhere in the world# before the filingdate or the priority date of the application claiing the in!ention* and

0'.0. The whole contents of an application for a patent# utility odel# or industrial design registration#published in accordance with this Act# filed or effecti!e in the Philippines# with a filing or priority datethat is earlier than the filing or priority date of the application: Pro!ided# That the application whichhas !alidly claied the filing date of an earlier application under Section 1( of this Act# shall be priorart with effect as of the filing date of such earlier application: Pro!ided further# That the applicant orthe in!entor identified in both applications are not one and the sae. %Sec. # ).A. o. (83a&

Section 2+./on0Pre1udicial Disclosure. . - 03.(. The disclosure of inforation contained in the

application during the twel!e %(0& onths preceding the filing date or the priority date of theapplication shall not pre7udice the applicant on the ground of lack of no!elty if such disclosure wasade by:

%a& The in!entor*

%b& A patent office and the inforation was contained %a& in another application filed by thein!entor and should not ha!e been disclosed by the office# or %b& in an application filed


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without the knowledge or consent of the in!entor by a third party which obtained theinforation directly or indirectly fro the in!entor* or

%c& A third party which obtained the inforation directly or indirectly fro the in!entor.

03.0. or the purposes of Subsection 03.(# "in!entor" also eans any person who# at the filing date

of application# had the right to the patent. %n&

Section 26.Inventive Step. - An in!ention in!ol!es an in!enti!e step if# ha!ing regard to prior art# it isnot ob!ious to a person skilled in the art at the tie of the filing date or priority date of the applicationclaiing the in!ention. %n&

Section 27.Industrial (pplicability. - An in!ention that can be produced and used in any industryshall be industrially applicable. %n&

C!APTER IIIRI!T T$ A PATENT

Section 28.Right to a Patent. - The right to a patent belongs to the in!entor# his heirs# or assigns.Fhen two %0& or ore persons ha!e 7ointly ade an in!ention# the right to a patent shall belong tothe 7ointly. %Sec. (?# ).A. o. (83a&

Section 29.irst to ile Rule. - If two %0& or ore persons ha!e ade the in!ention separately andindependently of each other# the right to the patent shall belong to the person who filed anapplication for such in!ention# or where two or ore applications are filed for the sae in!ention# tothe applicant who has the earliest filing date or# the earliest priority date. %1rd sentence# Sec. (?#).A. o. (83a.&

Section 3.Inventions Created Pursuant to a Commission. - 1?.(. The person who coissions thework shall own the patent# unless otherwise pro!ided in the contract.

1?.0. In case the eployee ade the in!ention in the course of his eployent contract# the patentshall belong to:

%a& The eployee# if the in!enti!e acti!ity is not a part of his regular duties e!en if theeployee uses the tie# facilities and aterials of the eployer.

%b& The eployer# if the in!ention is the result of the perforance of his regularly-assignedduties# unless there is an agreeent# e$press or iplied# to the contrary. %n&

Section 31.Right of Priority. . - An application for patent filed by any person who has pre!iouslyapplied for the sae in!ention in another country which by treaty# con!ention# or law affords siilar

pri!ileges to ilipino citiens# shall be considered as filed as of the date of filing the foreignapplication: Pro!ided# That: %a& the local application e$pressly clais priority* %b& it is filed withintwel!e %(0& onths fro the date the earliest foreign application was filed* and %c& a certified copy ofthe foreign application together with an 4nglish translation is filed within si$ %8& onths fro the dateof filing in the Philippines. %Sec. (3# ).A. o. (83a&

C!APTER I(PATENT APP"ICATI$N


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Section 32.The (pplication. - 10.(. The patent application shall be in ilipino or 4nglish and shallcontain the following:

%a& A re


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[email protected]. If se!eral independent in!entions which do not for a single general in!enti!e concept areclaied in one application# the irector ay re


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Section **.Publication of Patent (pplication. - ''.(. The patent application shall be published in theIP2 ,aette together with a search docuent established by or on behalf of the 2ffice citing anydocuents that reflect prior art# after the e$piration of eighteen % (@& onths fro the filing date orpriority date.

''.0. After publication of a patent application# any interested party ay inspect the application

docuents filed with the 2ffice.

''.1. The irector ,eneral sub7ect to the appro!al of the Secretary of Trade and Industry# ayprohibit or restrict the publication of an application# if in his opinion# to do so would be pre7udicial tothe national security and interests of the )epublic of the Philippines. %n&

Section *+.Confidentiality Before Publication. - A patent application# which has not yet beenpublished# and all related docuents# shall not be ade a!ailable for inspection without the consentof the applicant. %n&

Section *6.Rights Conferred by a Patent (pplication (fter Publication. - The applicant shall ha!e allthe rights of a patentee under Section ;8 against any person who# without his authoriation#

e$ercised any of the rights conferred under Section ;( of this Act in relation to the in!ention claiedin the published patent application# as if a patent had been granted for that in!ention: Pro!ided# Thatthe said person had:

'8.(. Actual knowledge that the in!ention that he was using was the sub7ect atter of a publishedapplication* or

'8.0. )ecei!ed written notice that the in!ention that he was using was the sub7ect atter of apublished application being identified in the said notice by its serial nuber: Pro!ided# That theaction ay not be filed until after the grant of a patent on the published application and within four%'& years fro the coission of the acts coplained of. %n&

Section *7.!bservation by Third Parties. - ollowing the publication of the patent application# anyperson ay present obser!ations in writing concerning the patentability of the in!ention. Suchobser!ations shall be counicated to the applicant who ay coent on the. The 2ffice shallacknowledge and put such obser!ations and coent in the file of the application to which it relates.%n&

Section *8.Re.uest for Substantive +2amination. - '@.(. The application shall be deeedwithdrawn unless within si$ %8& onths fro the date of publication under Section '(# a writtenre


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3?.0. If the re


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38.1. If the 2ffice is satisfied that the patent ay properly be surrendered# he ay accept the offerand# as fro the day when notice of his acceptance is published in the IP2 ,aette# the patent shallcease to ha!e effect# but no action for infringeent shall lie and no right copensation shall accruefor any use of the patented in!ention before that day for the ser!ices of the go!ernent. %Sec. 0'#).A. o. (83a&

Section +7.Correction of *ista&es of the !ffice. - The irector shall ha!e the power to correct#without fee# any istake in a patent incurred through the fault of the 2ffice when clearly disclosed inthe records thereof# to ake the patent confor to the records. %Sec. 03# ).A. o. (83&

Section +8.Correction of *ista&e in the (pplication. - 2n re


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%b& That the patent does not disclose the in!ention in a anner sufficiently clear andcoplete 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 grounds for cancellation relate to soe of the clais or parts of the clai#

cancellation ay be effected to such e$tent only. %Secs. 0@ and 0# ).A. o. (83a&

Section 62.Re.uirement of the Petition. - The petition for cancellation shall be in writing# !erified bythe petitioner or by any person in his behalf who knows the facts# specify the grounds upon which itis based# include a stateent of the facts to be relied upon# and filed with the 2ffice. Copies ofprinted publications or of patents of other countries# and other supporting docuents entioned inthe petition shall be attached thereto# together with the translation thereof in 4nglish# if not in the4nglish language. %Sec. 1?# ).A. o. (83&

Section 63./otice of Hearing. - /pon filing of a petition for cancellation# the irector of egal Affairsshall forthwith ser!e notice of the filing thereof upon the patentee and all persons ha!ing grants orlicenses# or any other right# 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 hearing thereon on such persons and thepetitioner. otice of the filing of the petition shall be published in the IP2 ,aette. %Sec. 1(# ).A. o.(83a&

Section 6*.Committee of Three. - In cases in!ol!ing highly technical issues# on otion of any party#the irector of egal Affairs ay order that the petition be heard and decided by a coitteecoposed of the irector of egal Affairs as chairan and two %0& ebers who ha!e thee$perience or e$pertise in the field of technology to which the patent sought to be cancelled relates.The decision of the coittee shall be appealable to the irector ,eneral. %n&

Section 6+.Cancellation of the Patent. - 83.(. If the Coittee finds that a case for cancellation hasbeen pro!ed# it shall order the patent or any specified clai or clais thereof cancelled.

83.0. If the Coittee finds that# taking into consideration the aendent ade by the patenteeduring the cancellation proceedings# the patent and the in!ention to which it relates eet there


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Section 67.Patent (pplication by Persons /ot Having the Right to a Patent. . - 8;.(. If a personreferred to in Section 0 other than the applicant# is declared by final court order or decision asha!ing the right to the patent# such person ay# within three %1& onths after the decision hasbecoe final:

%a& Prosecute the application as his own application in place of the applicant*

%b& ile a new patent application in respect of the sae in!ention*

%c& )e


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Section 72.'imitations of Patent Rights. - The owner of a patent has no right to pre!ent third partiesfro perforing# without his authoriation# the acts referred to in Section ;( hereof in the followingcircustances:

;0.(. /sing a patented product which has been put on the arket in the Philippines by the owner ofthe product# or with his e$press consent# insofar as such use is perfored after that product has

been so put on the said arket*

;0.0. Fhere the act is done pri!ately and on a non-coercial scale or for a non-coercialpurpose: Pro!ided# That it does not significantly pre7udice the econoic interests of the owner of thepatent*

;0.1. Fhere the act consists of aking or using e$clusi!ely for the purpose of e$perients thatrelate to the sub7ect atter of the patented in!ention*

;0.'. Fhere the act consists of the preparation for indi!idual cases# in a pharacy or by a edicalprofessional# of a edicine in accordance with a edical prescription or acts concerning theedicine so prepared*

;0.3. Fhere the in!ention is used in any ship# !essel# aircraft# or land !ehicle of any other countryentering the territory of the Philippines teporarily or accidentally: Pro!ided# That such in!ention isused e$clusi!ely for the needs of the ship# !essel# aircraft# or land !ehicle and not used for theanufacturing of anything to be sold within the Philippines. %Secs. 1@ and 1# ).A. o. (83a&

Section 73.Prior ,ser. - ;1.(. otwithstanding Section ;0 hereof# any prior user# who# in good faithwas using the in!ention or has undertaken serious preparations to use the in!ention in his enterpriseor business# before the filing date or priority date of the application on which a patent is granted#shall ha!e the right to continue the use thereof as en!isaged in such preparations within the territorywhere the patent produces its effect.

;1.0. The right of the prior user ay only be transferred or assigned together with his enterprise orbusiness# or with that part of his enterprise or business in which the use or preparations for use ha!ebeen ade. %Sec. '?# ).A. o. (83a&

Section 7*.,se of Invention by %overnment. - ;'.(. A ,o!ernent agency or third personauthoried by the ,o!ernent ay e$ploit the in!ention e!en without agreeent of the patent ownerwhere:

%a& The public interest# in particular# national security# nutrition# health or the de!elopent ofother sectors# as deterined by the appropriate agency of the go!ernent# so re


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;3.0. or the purpose of deterining the e$tent of protection conferred by the patent# due accountshall be taken of eleents which are e


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Section 8.Damages) Re.uirement of /otice. - aages cannot be reco!ered for acts ofinfringeent coitted before the infringer had known# or had reasonable grounds to know of thepatent. It is presued that the infringer had known of the patent if on the patented product# or on thecontainer or package in which the article is supplied to the public# or on the ad!ertising aterialrelating to the patented product or process# are placed the words "Philippine Patent" with the nuberof the patent. %Sec. ''# ).A. o. (83a&

Section 81.Defenses in (ction for Infringement. - In an action for infringeent# the defendant# inaddition to other defenses a!ailable to hi# ay show the in!alidity of the patent# or any claithereof# on any of the grounds on which a petition of cancellation can be brought under Section 8(hereof. %Sec. '3# ).A. o. (83&

Section 82.Patent ound Invalid *ay be Cancelled. - In an action for infringeent# if the court shallfind the patent or any clai to be in!alid# it shall cancel the sae# and the irector of egal Affairsupon receipt of the final 7udgent of cancellation by the court# shall record that fact in the register ofthe 2ffice and shall publish a notice to that effect in the IP2 ,aette. %Sec. '8# ).A. o. (83a&

Section 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 knowledgere


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@;.(. Those which ipose upon the licensee the obligation to ac


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@@.(. That the laws of the Philippines shall go!ern the interpretation of the sae and in the e!ent oflitigation# the !enue shall be the proper court in the place where the licensee has its principal office*

@@.0. Continued access to ipro!eents in techni


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1.1. Fhere a 7udicial or adinistrati!e body has deterined that the anner of e$ploitation by theowner of the patent or his licensee is anti-copetiti!e* or

1.'. In case of public non-coercial use of the patent by the patentee# without satisfactoryreason*

1.3. If the patented in!ention is not being worked in the Philippines on a coercial scale# althoughcapable of being worked# without satisfactory reason: Pro!ided# That the iportation of the patentedarticle shall constitute working or using the patent. %Secs. 1'# 1'-A# 1'-9# ).A. o. (83a&

Section 9*.Period for iling a Petition for a Compulsory 'icense. - '.(. A copulsory license aynot be applied for on the ground stated in Subsection 1.3 before the e$piration of a period of four%'& years fro the date of filing of the application or three %1& years fro the date of the patentwhiche!er period e$pires last.

'.0. A copulsory license which is applied for on any of the grounds stated in Subsections 1.0#1.1# and 1.' and Section ; ay be applied for at any tie after the grant of the patent. %Sec.1'%( ).A. o. (83&

Section 9+.Re.uirement to !btain a 'icense on Reasonable Commercial Terms. - 3.(. Thelicense will only be granted after the petitioner has ade efforts to obtain authoriation fro thepatent owner on reasonable coercial ters and conditions but such efforts ha!e not beensuccessful within a reasonable period of tie.

3.0. The re


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;.(. The in!ention claied in the second patent in!ol!es an iportant technical ad!ance ofconsiderable econoic significance in relation to the first patent*

;.0. The owner of the first patent shall be entitled to a cross-license on reasonable ters to use thein!ention claied in the second patent*

;.1. The use authoried in respect of the first patent shall be non-assignable e$cept with theassignent of the second patent* and

;.'. The ters and conditions of Sections 3# 8 and @ to (?? of this Act. %Sec. 1'-C# ).A. o.(83a&

Section 98.orm and Contents of Petition. - The petition for copulsory licensing ust be in writing#!erified by the petitioner and accopanied by payent of the re


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(??.8. The patentee shall be paid ade


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Section 1+.orm of (ssignment. - The assignent ust be in writing# acknowledged before anotary public or other officer authoried to adinister oath or perfor notarial acts# and certifiedunder the hand and official seal of the notary or such other officer. %Sec. 30# ).A. o. (83&

Section 16.Recording. - (?8.(. The 2ffice shall record assignents# licenses and otherinstruents relating to the transission of any right# 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 the2ffice for registration# in books and records kept for the purpose. The original docuents togetherwith a signed duplicate thereof shall be filed# and the contents thereof should be kept confidential. Ifthe original is not a!ailable# an authenticated copy thereof in duplicate ay be filed. /pon recording#the 2ffice shall retain the duplicate# return the original or the authenticated copy to the party whofiled the sae and notice of the recording shall be published in the IP2 ,aette.

(?8.0. Such instruents shall be !oid as against any subse


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%a& That the claied in!ention does not


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of anufacture or handicraft which clearly and fully discloses those features for which designprotection is claied* and

%e& The nae and address of the creator# or where the applicant is not the creator# astateent indicating the origin of the right to the industrial design registration.

(('.0. The application ay be accopanied by a specien of the article ebodying the industrialdesign and shall be sub7ect to the payent of the prescribed fee.%n&

Section 11+.Several Industrial Designs in !ne (pplication. - Two %0& or ore industrial designs aybe the sub7ect of the sae application: Pro!ided# That they relate to the sae sub-class of theInternational Classification or to the sae set or coposition of articles. %n&

Section 116.+2amination. - ((8.(. The 2ffice shall accord as the filing date the date of receipt of theapplication containing indications allowing the identity of the applicant to be established and arepresentation of the article ebodying the industrial design or a pictorial representation thereof.

((8.0. If the application does not eet these re


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((@.0. The registration of an industrial design ay be renewed for not ore than two %0& consecuti!eperiods of fi!e %3& years each# by paying the renewal fee.

((@.1. The renewal fee shall be paid within twel!e %(0& onths preceding the e$piration of the periodof registration. Bowe!er# a grace period of si$ %8& onths shall be granted for payent of the feesafter such e$piration# upon payent of a surcharge

((@.'. The )egulations shall fi$ the aount of renewal fee# the surcharge and other re


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%a& If the sub7ect atter of the industrial design is not registrable within the ters of Sections((0 and ((1*

%b& If the sub7ect atter is not new* or

%c& If the sub7ect atter of the industrial design e$tends beyond the content of the application

as originally filed.

(0?.0. Fhere the grounds for cancellation relate to a part of the industrial design# cancellation aybe effected to such e$tent only. The restriction ay be effected in the for of an alteration of theeffected features of the design. %n&

PART IIIT!E "A) $N TRA&E-AR/S, SER(ICE -AR/S AN& TRA&E NA-ES

Section 121.Definitions. - As used in Part III# the following ters ha!e the following eanings:

(0(.(. "+ark" eans any !isible sign capable of distinguishing the goods %tradeark& or ser!ices

%ser!ice ark& of an enterprise and shall include a staped or arked container of goods* %Sec. 1@#).A. o. (88a&

(0(.0. "Collecti!e ark" eans any !isible sign designated as such in the application for registrationand capable of distinguishing the origin or any other coon characteristic# including the


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%c& Consists of a nae# portrait or signature identifying a particular li!ing indi!idual e$cept byhis written consent# or the nae# signature# or portrait of a deceased President of thePhilippines# during the life of his widow# if any# e$cept by written consent of the widow*

%d& Is identical with a registered ark belonging to a different proprietor or a ark with anearlier filing or priority date# in respect of:

%i& The sae goods or ser!ices# or

%ii& Closely related goods or ser!ices# or

%iii& If it nearly resebles such a ark as to be likely to decei!e or cause confusion*

%e& Is identical with# or confusingly siilar to# or constitutes a translation of a ark which isconsidered by the copetent authority of the Philippines to be well-known internationally andin the Philippines# whether or not it is registered here# as being already the ark of a personother than the applicant for registration# and used for identical or siilar goods or ser!ices:Pro!ided# That in deterining whether a ark is well-known# account shall be taken of the

knowledge of the rele!ant sector of the public# rather than of the public at large# includingknowledge in the Philippines which has been obtained as a result of the prootion of theark*

%f& Is identical with# or confusingly siilar to# or constitutes a translation of a ark consideredwell-known in accordance with the preceding paragraph# which is registered in thePhilippines with respect to goods or ser!ices which are not siilar to those with respect towhich registration is applied for: Pro!ided# That use of the ark in relation to those goods orser!ices would indicate a connection between those goods or ser!ices# and the owner of theregistered ark: Pro!ided further# That the interests of the owner of the registered ark arelikely to be daaged by such use*

%g& Is likely to islead the public# particularly as to the nature#


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(01.0. As regards signs or de!ices entioned in paragraphs %7 %k and %l nothing shall pre!ent theregistration of any such sign or de!ice which has becoe distincti!e in relation to the goods forwhich registration is re


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%l& A signature by# or other self-identification of# the applicant or his representati!e.

(0'.0. The applicant or the registrant shall file a declaration of actual use of the ark with e!idenceto that effect# as prescribed by the )egulations within three %1& years fro the filing date of theapplication. 2therwise# the application shall be refused or the ark shall be reo!ed fro the)egister by the irector.

(0'.1. 2ne %(& application ay relate to se!eral goods andGor ser!ices# whether they belong to one%(& class or to se!eral classes of the ice Classification.

(0'.'. If during the e$aination of the application# the 2ffice finds factual basis to reasonably doubtthe !eracity of any indication or eleent in the application# it ay re


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goods or ser!ices referred to in the initial application. The di!isional applications shall preser!e thefiling date of the initial application or the benefit of the right of priority. %n&

Section 13.Signature and !ther *eans of Self0Identification. - (1?.(. Fhere a signature isre


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(10.0 2nce an application eets the filing re


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(1;.0. The registration of a ark shall include a reproduction of the ark and shall ention: itsnuber* the nae and address of the registered owner and# if the registered owner=s address isoutside the country# his address for ser!ice within the country* the dates of application andregistration* if priority is claied# an indication of this fact# and the nuber# date and country of theapplication# basis of the priority clais* the list of goods or ser!ices in respect of which registrationhas been granted# with the indication of the corresponding class or classes* and such other data as

the )egulations ay prescribe fro tie to tie.

(1;.1. A certificate of registration of a ark ay be issued to the assignee of the applicant:Pro!ided# That the assignent is recorded in the 2ffice. In case of a change of ownership# the 2fficeshall at the written re


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Section 1*2.Correction of *ista&es *ade by the !ffice. - Fhene!er a aterial istake in aregistration incurred through the fault of the 2ffice is clearly disclosed by the records of the 2ffice# acertificate stating the fact and nature of such istake shall be issued without charge# recorded and aprinted copy thereof shall be attached to each printed copy of the registration. Such correctedregistration shall thereafter ha!e the sae effect as the original certificate* or in the discretion of theirector of the Adinistrati!e# inancial and Buan )esource e!elopent Ser!ice 9ureau a new

certificate of registration ay be issued without charge. All certificates of correction heretoforeissued in accordance with the )egulations and the registration to which they are attached shall ha!ethe sae force and effect as if such certificates and their issuance had been authoried by this Act.%n&

Section 1*3.Correction of *ista&es *ade by (pplicant. - Fhene!er a istake is ade in aregistration and such istake occurred in good faith through the fault of the applicant# the 2ffice ayissue a certificate upon the payent of the prescribed fee: Pro!ided# That the correction does notin!ol!e any change in the registration that re


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according to the classes of the ice Classification to which that group of goods or ser!icesbelongs and presented in the order of the classes of the said Classification* and

%g& A signature by the right holder or his representati!e.

('8.0. Such re


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('.'. Assignents and transfers of registrations of arks shall be recorded at the 2ffice onpayent of the prescribed fee* assignent and transfers of applications for registration shall# onpayent of the sae fee# be pro!isionally recorded# and the ark# when registered# shall be in thenae of the assignee or transferee.

('.3. Assignents and transfers shall ha!e no effect against third parties until they are recorded at

the 2ffice. %Sec. 1(# ).A. o. (88a&

Section 1+.'icense Contracts. - (3?.(. Any license contract concerning the registration of a ark#or an application therefor# shall pro!ide for effecti!e control by the licensor of the


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Section 1+2./on0use of a *ar& 8hen +2cused. - (30.(. on-use of a ark ay be e$cused ifcaused by circustances arising independently of the will of the tradeark owner. ack of fundsshall not e$cuse non-use of a ark.

(30.0. The use of the ark in a for different fro the for in which it is registered# which does notalter its distincti!e character# shall not be ground for cancellation or reo!al of the ark and shall

not diinish the protection granted to the ark.

(30.1. The use of a ark in connection with one or ore of the goods or ser!ices belonging to theclass in respect of which the ark is registered shall pre!ent its cancellation or reo!al in respect ofall other goods or ser!ices of the sae class.

(30.'. The use of a ark by a copany related with the registrant or applicant shall inure to thelatter=s benefit# and such use shall not affect the !alidity of such ark or of its registration: 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 iscontrolled by the registrant or applicant with respect to the nature and


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reasonable certainty# then the court ay award as daages a reasonable percentage based uponthe aount of gross sales of the defendant or the !alue of the ser!ices in connection with which theark or trade nae was used in the infringeent of the rights of the coplaining party. %Sec. 01# firstpar.# ).A. o. (88a&

(38.0. 2n application of the coplainant# the court ay ipound during the pendency of the action#

sales in!oices and other docuents e!idencing sales. %n&

(38.1. In cases where actual intent to islead the public or to defraud the coplainant is shown# inthe discretion of the court# the daages ay be doubled. %Sec. 01# first par.# ).A. o. (88&

(38.'. The coplainant# upon proper showing# ay also be granted in7unction. %Sec. 01# secondpar.# ).A. o. (88a&

Section 1+7.Po-er of Court to !rder Infringing *aterial Destroyed. - (3;.( In any action arisingunder this Act# in which a !iolation of any right of the owner of the registered ark is established# thecourt ay order that goods found to be infringing be# without copensation of any sort# disposed ofoutside the channels of coerce in such a anner as to a!oid any har caused to the right holder#

or destroyed* and all labels# signs# prints# packages# wrappers# receptacles and ad!ertiseents inthe possession of the defendant# bearing the registered ark or trade nae or any reproduction#counterfeit# copy or colorable iitation thereof# all plates# olds# atrices and other eans ofaking the sae# shall be deli!ered up and destroyed.

(3;.0. In regard to counterfeit goods# the siple reo!al of the tradeark affi$ed shall not besufficient other than in e$ceptional cases which shall be deterined by the )egulations# to perit therelease of the goods into the channels of coerce. %Sec. 0'# ).A. o. (88a&

Section 1+8.Damages3 Re.uirement of /otice. - In any suit for infringeent# the owner of theregistered ark shall not be entitled to reco!er profits or daages unless the acts ha!e beencoitted with knowledge that such iitation is likely to cause confusion# or to cause istake# or to

decei!e. Such knowledge is presued if the registrant gi!es notice that his ark is registered bydisplaying with the ark the words =")egistered +ark" or the letter ) within a circle or if thedefendant had otherwise actual notice of the registration. %Sec. 0(# ).A. o. (88a&

Section 1+9.'imitations to (ctions for Infringement. - otwithstanding any other pro!ision of thisAct# the reedies gi!en to the owner of a right infringed under this Act shall be liited as follows:

(3.(. otwithstanding the pro!isions of Section (33 hereof# a registered ark shall ha!e no effectagainst any person who# in good faith# before the filing date or the priority date# was using the arkfor the purposes of his business or enterprise: Pro!ided# That his right ay only be transferred orassigned together with his enterprise or business or with that part of his enterprise or business inwhich the ark is used.

(3.0. Fhere an infringer who is engaged solely in the business of printing the ark or otherinfringing aterials for others is an innocent infringer# the owner of the right infringed shall be entitledas against such infringer only to an in7unction against future printing.

(3.1. Fhere the infringeent coplained of is contained in or is part of paid ad!ertiseent in anewspaper# againe# or other siilar periodical or in an electronic counication# the reedies ofthe owner of the right infringed as against the publisher or distributor of such newspaper# againe#or other siilar periodical or electronic counication shall be liited to an in7unction against the


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presentation of such ad!ertising atter in future issues of such newspapers# againes# or othersiilar periodicals or in future transissions of such electronic counications. The liitations ofthis subparagraph shall apply only to innocent infringers: Pro!ided# That such in7uncti!e relief shallnot be a!ailable to the owner of the right infringed with respect to an issue of a newspaper#againe# or other siilar periodical or an electronic counication containing infringing atterwhere restraining the disseination of such infringing atter in any particular issue of such

periodical or in an electronic counication would delay the deli!ery of such issue or transissionof such electronic counication is custoarily conducted in accordance with the sound businesspractice# and not due to any ethod or de!ice adopted to e!ade this section or to pre!ent or delaythe issuance of an in7unction or restraining order with respect to such infringing atter. %n&

Section 16.Right of oreign Corporation to Sue in Trademar& or Service *ar& +nforcement (ction.- Any foreign national or 7uridical person who eets the re


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%b& In particular# any subse


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([email protected]. Any person who shall eploy deception or any other eans contrary to good faith by whichhe shall pass off the goods anufactured by hi or in which he deals# or his business# or ser!icesfor those of the one ha!ing established such goodwill# or who shall coit any acts calculated toproduce said result# shall be guilty of unfair copetition# and shall be sub7ect to an action therefor.

([email protected]. In particular# and without in any way liiting the scope of protection against unfair

copetition# the following shall be deeed guilty of unfair copetition:

%a& Any person# who is selling his goods and gi!es the the general appearance of goods ofanother anufacturer or dealer# either as to the goods thesel!es or in the wrapping of thepackages in which they are contained# or the de!ices or words thereon# or in any otherfeature of their appearance# which would be likely to influence purchasers to belie!e that thegoods offered are those of a anufacturer or dealer# other than the actual anufacturer ordealer# or who otherwise clothes the goods with such appearance as shall decei!e the publicand defraud another of his legitiate trade# or any subse


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Section 17.Penalties. - Independent of the ci!il and adinistrati!e sanctions iposed by law# acriinal penalty of iprisonent fro two %0& years to fi!e %3& years and a fine ranging fro iftythousand pesos %P3?#???& to Two hundred thousand pesos%P0??#??? shall be iposed on anyperson who is found guilty of coitting any of the acts entioned in Section (33# Section (8@ andSubsection (8.(. %Arts. (@@ and (@# )e!ised Penal Code&

PART I(T!E "A) $N C$P%RI!T

C!APTER IPRE"I-INAR% PR$(ISI$NS

Section 171.Definitions. - or the purpose of this Act# the following ters ha!e the followingeaning:

(;(.(. "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 understanding that it will be disclosed by thelatter under his own nae and that contributing natural persons will not be identified*

(;(.1. "Counication to the public" or "counicate to the public" eans the aking of a worka!ailable to the public by wire or wireless eans in such a way that ebers of the public ayaccess these works fro a place and tie indi!idually chosen by the*

(;(.'. A "coputer" is an electronic or siilar de!ice ha!ing inforation-processing capabilities# anda "coputer progra" is a set of instructions e$pressed in words# codes# schees or in any otherfor# which is capable when incorporated in a ediu that the coputer can read# of causing thecoputer to perfor or achie!e a particular task or result*

(;(.3. "Public lending" is the transfer of possession of the original or a copy of a work or soundrecording for a liited period# for non-profit purposes# by an institution the ser!ices of which area!ailable to the public# such as public library or archi!e*

(;(.8. "Public perforance"# in the case of a work other than an audio!isual work# is the recitation#playing# dancing# acting or otherwise perforing the work# either directly or by eans of any de!iceor process* in the case of an audio!isual work# the showing of its iages in se


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(;(.@. ")ental" is the transfer of the possession of the original or a copy of a work or a soundrecording for a liited period of tie# for profit-aking purposes*

(;(.. ")eproduction" is the aking of one %(& or ore copies of a work or a sound recording in anyanner or for %Sec. '( %4 P.. o. ' a&*

(;(.(?. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in auseful article# whether ade by hand or produced on an industrial scale*

(;(.((. A "work of the ,o!ernent of the Philippines" is a work created by an officer or eployee ofthe Philippine ,o!ernent or any of its subdi!isions and instruentalities# including go!ernent-owned or controlled corporations as a part of his regularly prescribed official duties.

C!APTER II$RIINA" )$R/S

Section 172.'iterary and (rtistic 8or&s. - (;0.(. iterary and artistic works# hereinafter referred toas "works"# are original intellectual creations in the literary and artistic doain protected fro the

oent of their creation and shall include in particular:

%a& 9ooks# paphlets# articles and other writings*

%b& Periodicals and newspapers*

%c& ectures# serons# addresses# dissertations prepared for oral deli!ery# whether or notreduced in writing or other aterial for*

%d& etters*

%e& raatic or draatico-usical copositions* choreographic works or entertainent in

dub shows*

%f& +usical copositions# with or without words*

%g& Forks of drawing# painting# architecture# sculpture# engra!ing# lithography or other worksof art* odels or designs for works of art*

%h& 2riginal ornaental designs or odels for articles of anufacture# whether or notregistrable as an industrial design# and other works of applied art*

%i& Illustrations# aps# plans# sketches# charts and three-diensional works relati!e togeography# topography# architecture or science*

%7& rawings or plastic works of a scientific or technical character*

%k& Photographic works including works produced by a process analogous to photography*lantern slides*

%l& Audio!isual works and cineatographic works and works produced by a processanalogous to cineatography or any process for aking audio-!isual recordings*


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%& Pictorial illustrations and ad!ertiseents*

%n& Coputer progras* 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 ofe$pression# as well as of their content#


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(;8.0. The author of speeches# lectures# serons# addresses# and dissertations entioned in thepreceding paragraphs shall ha!e the e$clusi!e right of aking a collection of his works. %n&

(;8.1. otwithstanding the foregoing pro!isions# the ,o!ernent is not precluded fro recei!ingand holding copyrights transferred to it by assignent# be


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(;@.1. In the case of work created by an author during and in the course of his eployent# thecopyright shall belong to:

%a& The eployee# if the creation of the ob7ect of copyright is not a part of his regular dutiese!en if the eployee uses the tie# facilities and aterials of the eployer.

%b& The eployer# if the work is the result of the perforance of his regularly-assigned duties#unless there is an agreeent# e$press or iplied# to the contrary.

(;@.'. In the case of a work coissioned by a person other than an eployer of the author andwho pays for it and the work is ade in pursuance of the coission# the person who socoissioned the work shall ha!e ownership of the work# but the copyright thereto shall reain withthe creator# unless there is a written stipulation to the contrary*

(;@.3. In the case of audio!isual work# the copyright shall belong to the producer# the author of thescenario# the coposer of the usic# the fil director# and the author of the work so adapted.Bowe!er# sub7ect to contrary or other stipulations aong the creators# the producer shall e$ercisethe copyright to an e$tent re


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Section 182.iling of (ssignment or 'icense. - An assignent or e$clusi!e license ay be filed induplicate with the ational ibrary upon payent of the prescribed fee for registration in books andrecords kept for the purpose. /pon recording# a copy of the instruent shall be returned to thesender with a notation of the fact of record. otice of the record shall be published in the IP2,aette. %Sec. (# P.. o. 'a&

Section 183.Designation of Society. - The copyright owners or their heirs ay designate a societyof artists# writers or coposers to enforce their econoic rights and oral rights on their behalf.%Sec. 10# P.. o. 'a&

C!APTER (III

"I-ITATI$NS $N C$P%RI!T

Section 18*.'imitations on Copyright. - (@'.(. otwithstanding the pro!isions of Chapter 6# thefollowing acts shall not constitute infringeent of copyright:

%a& The recitation or perforance of a work# once it has been lawfully ade accessible to thepublic# if done pri!ately and free of charge or if ade strictly for a charitable or religious

institution or society* %Sec. (?%( P.. o. '&

%b& The aking of


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%h& The use ade of a work by or under the direction or control of the ,o!ernent# by theational ibrary or by educational# scientific or professional institutions where such use is inthe public interest and is copatible with fair use*

%i& The public perforance or the counication to the public of a work# in a place where noadission fee is charged in respect of such public perforance or counication# by a club

or institution for charitable or educational purpose only# whose ai is not profit aking#sub7ect to such other liitations as ay be pro!ided in the )egulations* %n&

%7& Public display of the original or a copy of the work not ade by eans of a fil# slide#tele!ision iage 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 original or the copy displayedhas been sold# gi!en away or otherwise transferred to another person by the author or hissuccessor in title* and

%k& Any use ade of a work for the purpose of any 7udicial proceedings or for the gi!ing ofprofessional ad!ice by a legal practitioner.

(@'.0. The pro!isions of this section shall be interpreted in such a way as to allow the work to beused in a anner which does not conflict with the noral e$ploitation of the work and does notunreasonably pre7udice the right holder=s legitiate interests.

Section 18+.air ,se of a Copyrighted 8or&. - (@3.(. The fair use of a copyrighted work forcriticis# coent# news reporting# teaching including ultiple copies for classroo use#scholarship# research# and siilar purposes is not an infringeent of copyright. ecopilation#which is understood here to be the reproduction of the code and translation of the fors of thecoputer progra to achie!e the inter-operability of an independently created coputer prograwith other progras ay also constitute fair use. In deterining whether the use ade of a work inany particular case is fair use# the factors to be considered shall include:

%a& The purpose and character of the use# including whether such use is of a coercialnature or is for non-profit educational purposes*

%b& The nature of the copyrighted work*

%c& The aount and substantiality of the portion used in relation to the copyrighted work as awhole* and

%d& The effect of the use upon the potential arket for or !alue of the copyrighted work.

(@3.0. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding isade upon consideration of all the abo!e factors.

Section 186.8or& of (rchitecture. - Copyright in a work of architecture shall include the right tocontrol the erection of any building which reproduces the whole or a substantial part of the workeither in its original for or in any for recogniably deri!ed fro the original: Pro!ided# That thecopyright in any such work shall not include the right to control the reconstruction or rehabilitation inthe sae style as the original of a building to which that copyright relates. %n&

Section 187.Reproduction of Published 8or&. - (@;.(. otwithstanding the pro!ision of Section(;;# and sub7ect to the pro!isions of Subsection (@;.0# the pri!ate reproduction of a published work


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in a single copy# where the reproduction is ade by a natural person e$clusi!ely for research andpri!ate study# shall be peritted# without the authoriation of the owner of copyright in the work.

(@;.0. The perission granted under Subsection (@;.( shall not e$tend to the reproduction of:

%a& A work of architecture in the for of building or other construction*

%b& An entire book# or a substantial part thereof# or of a usical work in graphic for byreprographic eans*

%c& A copilation of data and other aterials*

%d& A coputer progra e$cept as pro!ided in Section (@* and

%e& Any work in cases where reproduction would unreasonably conflict with a norale$ploitation of the work or would otherwise unreasonably pre7udice the legitiate interests ofthe author. %n&

Section 188.Reprographic Reproduction by 'ibraries. - (@@.(. otwithstanding the pro!isions ofSubsection (;;.8# any library or archi!e whose acti!ities are not for profit ay# without theauthoriation of the author of copyright owner# ake a single copy of the work by reprographicreproduction:

%a& Fhere the work by reason of its fragile character or rarity cannot be lent to user in itsoriginal for*

%b& Fhere the works are isolated articles contained in coposite works or brief portions ofother published works and the reproduction is necessary to supply the# when this isconsidered e$pedient# to persons re


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%b& Archi!al purposes# and# for the replaceent of the lawfully owned copy of the coputerprogra in the e!ent that the lawfully obtained copy of the coputer progra is lost#destroyed or rendered unusable.

(@.0. o copy or adaptation entioned in this Section shall be used for any purpose other than theones deterined in this Section# and any such copy or adaptation shall be destroyed in the e!ent

that continued possession of the copy of the coputer progra ceases to be lawful.

(@.1. This pro!ision shall be without pre7udice to the application of Section (@3 whene!erappropriate. %n&

Section 19.Importation for Personal Purposes. - (?.(. otwithstanding the pro!ision ofSubsection (;;.8# but sub7ect to the liitation under the Subsection (@3.0# the iportation of a copyof a work by an indi!idual for his personal purposes shall be peritted without the authoriation ofthe author of# or other owner of copyright in# the work under the following circustances:

%a& Fhen copies of the work are not a!ailable in the Philippines and:

%i& ot ore than one %(& copy at one tie is iported for strictly indi!idual use only*or

%ii& The iportation is by authority of and for the use of the Philippine ,o!ernent* or

%iii& The iportation# consisting of not ore than three %1& such copies or likenessesin any one in!oice# is not for sale but for the use only of any religious# charitable# oreducational society or institution duly incorporated or registered# or is for theencourageent of the fine arts# or for any state school# college# uni!ersity# or freepublic library in the Philippines.

%b& Fhen such copies for parts of libraries and personal baggage belonging to persons or

failies arri!ing fro foreign countries and are not intended for sale: Pro!ided# That suchcopies do not e$ceed three %1&.

(?.0. Copies iported as allowed by this Section ay not lawfully be used in any way to !iolate therights of owner the copyright or annul or liit the protection secured by this Act# and such unlawfuluse shall be deeed an infringeent and shall be punishable as such without pre7udice to theproprietor=s right of action.

(?.1. Sub7ect to the appro!al of the Secretary of inance# the Coissioner of Custos is herebyepowered to ake rules and regulations for pre!enting the iportation of articles the iportation ofwhich is prohibited under this Section and under treaties and con!entions to which the Philippinesay be a party and for seiing and condening and disposing of the sae in case they are

disco!ered after they ha!e been iported. %Sec. 1?# P.. o. '&

C!APTER I&EP$SIT AN& N$TICE

Section 191.Registration and Deposit -ith /ational 'ibrary and the Supreme Court 'ibrary. - Afterthe first public disseination of perforance by authority of the copyright owner of a work fallingunder Subsections (;0.(# (;0.0 and (;0.1 of this Act# there shall# for the purpose of copleting therecords of the ational ibrary and the Supree Court ibrary# within three %1& weeks# be registered


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and deposited with it# by personal deli!ery or by registered ail two %0& coplete copies orreproductions of the work in such for as the directors of said libraries ay prescribe. A certificate ofdeposit shall be issued for which the prescribed fee shall be collected and the copyright owner shallbe e$ept fro aking additional deposit of the works with the ational ibrary and the SupreeCourt ibrary under other laws. If# within three %1& weeks after receipt by the copyright owner of awritten deand fro the directors for such deposit# the re


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Section 197.+diting) (rranging and (daptation of 8or&. - In the absence of a contrary stipulation atthe tie an author licenses or perits another to use his work# the necessary editing# arranging oradaptation of such work# for publication# broadcast# use in a otion picture# draatiation# orechanical or electrical reproduction in accordance with the reasonable and custoary standards orre


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0?0.1. An "audio!isual work or fi$ation" is a work that consists of a series of related iages whichipart the ipression of otion# with or without accopanying sounds# susceptible of being ade!isible and# where accopanied by sounds# susceptible of being ade audible*

0?0.'. "i$ation" eans the ebodient of sounds# or of the representations thereof# fro whichthey can be percei!ed# reproduced or counicated through a de!ice*

0?0. 3. "Producer of a sound recording" eans the person# or the legal entity# who or which takesthe initiati!e and has the responsibility for the first fi$ation of the sounds of a perforance or othersounds# or the representation of sounds*

0?0.8. "Publication of a fi$ed perforance or a sound recording" eans the offering of copies of thefi$ed perforance or the sound recording to the public# with the consent of the right holder:Pro!ided# That copies are offered to the public in reasonable


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0?1.3. The right of authoriing the aking a!ailable to the public of their perforances fi$ed in soundrecordings# by wire or wireless eans# in such a way that ebers of the public ay access thefro a place and tie indi!idually chosen by the. %Sec. '0# P.. o. 'a&

Section 2*.*oral Rights of Performers. - 0?'.(. Independently of a perforer=s econoic rights#the perforer# shall# as regards his li!e aural perforances or perforances fi$ed in sound

recordings# ha!e the right to clai to be identified as the perforer of his perforances# e$ceptwhere the oission is dictated by the anner of the use of the perforance# and to ob7ect to anydistortion# utilation or other odification of his perforances that would be pre7udicial to hisreputation.

0?'.0. The rights granted to a perforer in accordance with Subsection 0?1.( shall be aintainedand e$ercised fifty %3?& years after his death# by his heirs# and in default of heirs# the go!ernent#where protection is claied. %Sec. '1# P.. o. '&

Section 2+.'imitation on Right. - 0?3.(. Sub7ect to the pro!isions of Section 0?8# once theperforer has authoried the broadcasting or fi$ation of his perforance# the pro!isions of Sections0?1 shall ha!e no further application.

0?3.0. The pro!isions of Section (@' and Section (@3 shall apply utatis utandis to perforers.%n&

Section 26.(dditional Remuneration for Subse.uent Communications or Broadcasts. - /nlessotherwise pro!ided in the contract# in e!ery counication to the public or broadcast of aperforance subse


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counication to the public# or is publicly perfored with the intention of aking and enhancingprofit# a single e


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if not published before shall be protected for fifty %3?& years counted fro the aking of the work.%Sec. 01# P.. o. '&

0(1.'. In case of works of applied art the protection shall be for a period of twenty-fi!e %03& yearsfro the date of aking. %Sec. 0'%9 P.. o. 'a&

0(1.3. In case of photographic works# the protection shall be for fifty %3?& years fro publication ofthe work and# if unpublished# fifty %3?& years fro the aking. %Sec. 0'%C P.. 'a&

0(1.8. In case of audio-!isual works including those produced by process analogous to photographyor any process for aking audio-!isual recordings# the ter shall be fifty %3?& years fro date ofpublication and# if unpublished# fro the date of aking. %Sec. 0'%C P.. o. 'a&

Section 21*.Calculation of Term. - The ter of protection subse


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sales# all articles and their packaging alleged to infringe a copyright and ipleents foraking the.

%d& eli!er under oath for destruction without any copensation all infringing copies orde!ices# as well as all plates# olds# or other eans for aking such infringing copies as thecourt ay order.

%e& Such other ters and conditions# including the payent of oral and e$eplarydaages# which the court ay dee proper# wise and e


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%b& Be or the person naed therein is the owner of the copyright* and

%c& The copy of the work or other sub7ect atter anne$ed thereto is a true copy thereof# shallbe aditted in e!idence in any proceedings for an offense under this Chapter and shall bepria facie proof of the atters therein stated until the contrary is pro!ed# and the courtbefore which such affida!it is produced shall assue that the affida!it was ade by or on

behalf of the owner of the copyright.

0(@.0. In an action under this Chapter:

%a& Copyright shall be presued to subsist in the work or other sub7ect atter to which theaction relates if the defendant does not put in issue the


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%b& Audio-!isual works the producer of which has his head


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C!APTER IINSTIT#TI$N $' ACTI$NS

Section 22+.5urisdiction. - Fithout pre7udice to the pro!isions of Subsection ;.(%c actions underthis Act shall be cogniable by the courts with appropriate 7urisdiction under e$isting law. %Sec. 3;#P.. o. 'a&

Section 226.Damages. - o daages ay be reco!ered under this Act after four %'& years fro thetie the cause of action arose. %Sec. 3@# P.. o. '&

C!APTER

-ISCE""ANE$#S PR$(ISI$NS

Section 227.!-nership of Deposit and Instruments. - All copies deposited and instruents inwriting filed with the ational ibrary and the Supree Court ibrary in accordance with thepro!isions of this Act shall becoe the property of the ,o!ernent. %Sec. 8?# P.. o. '&

Section 228.Public Records. - The section or di!ision of the ational ibrary and the Supree

Court ibrary charged with recei!ing copies and instruents deposited and with keeping recordsre


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011.0. The 2ffice shall institute its own copensation structure: Pro!ided# That the 2ffice shall akeits own syste confor as closely as possible with the principles pro!ided for under )epublic Acto. 8;3@. %n&

Section 23*.(bolition of the Bureau of Patents) Trademar&s) and Technology Transfer. - The9ureau of Patents# Tradearks# and Technology Transfer under the epartent of Trade and

Industry is hereby abolished. All une$pended funds and fees# fines# royalties and other chargescollected for the calendar year# properties# e


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01.0. +arks registered under )epublic Act o. (88 shall reain in force but shall be deeed toha!e been granted under this Act and shall be due for renewal within the period pro!ided for underthis Act and# upon renewal shall be reclassified in accordance with the International Classification.Trade naes and arks registered in the Suppleental )egister under )epublic Act o. (88 shallreain in force but shall no longer be sub7ect to renewal.

01.1. The pro!isions of this Act shall apply to works in which copyright protection obtained prior tothe effecti!ity of this Act is subsisting: Pro!ided# That the application of this Act shall not result in thediinution of such protection. %n&

Section 2*.Separability. - If any pro!ision of this Act or the application of such pro!ision to anycircustances is held in!alid# the reainder of the Act shall not be affected thereby. %n&

Section 2*1.+ffectivity. - This Act shall take effect on ( Hanuary (@. %n&

Appro!ed: June 6, 1997

republic act no. 8293 intellectual property code.docx

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