Intellectual property protection in the Philippines

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Intellectual property protection in the Philippines is recognized by the Philippine government as vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. Hence, the government resolves to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people. The use of intellectual property bears a social function. As such, the government promotes the diffusion of knowledge and information for the promotion of national development and progess and the common good. The government policy is to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.

The U.S. Trade Representative removed the Philippines from its Special 301 Priority Watchlist in 2006, reflecting improvement in its enforcement of intellectual property rights protection. ^[1]

1 Legislation
2 Reference

[edit] Legislation

Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, is an act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes.

[edit] Effect on international conventions and on principle of reciprocity

Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act.

[edit] Laws repealed

Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more particularly:

Republic Act No. 165, as amended - An Act Creating a Patent Office, Prescribing its Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds Therefor;
Republic Act No. 166, as amended An Act to Provide for the Registration and Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same, and for Other Purposes.
Presidential Decree No. 49 Decree on the Protection of Intellectual Property
Presidential Decree No. 285, as amended [Decree on the Protection of Intellectual Property];
Articles 188 and 189 of the Revised Penal Code of the Philippines.

[edit] Parts of the law

The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit:

The Intellectual Property Office
The Law on Patents
The Law on Trademarks, Service Marks and Trade Names
The Law on Copyright
Final Provisions

[edit] Intellectual property rights

Copyright and related rights;
Trademarks and service marks;
Geographic indications;
Industrial designs;
Patents;
Layout designs [topographies] of integrated circuits; and
Protection of undisclosed information.

[edit] Government agencies

The agency of the government in charge of the implementation of the Intellectual Property Code is the Intellectual Property Office which replaced the Bureau of Patents, Trademarks and Technology Transfer. It is divided into six [6] Bureaus, namely: Bureau of Patents; Bureau of Trademarks; Bureau of Legal Affairs; Documentation, Information and Technology Transfer Bureau; Management Information System and EDP Bureau; and Administrative, Financial and Personnel Services Bureau.