ip law codal

8/20/2019 IP LAW CODAL

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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Tenth Congress

Republic Act No. 8293 June 6, 199

AN ACT PR!"CR#$#N% T&! #NT!''!CT(A'PR)P!RT* C)+! AN+ !"TA$'#"N% T&!

#NT!''!CT(A' PR)P!RT* )#C!,PR)-#+#N% )R #T" P)!R" AN+

(NCT#)N", AN+ )R )T&!R P(RP)"!"

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

PART #T&! #NT!''!CT(A' PR)P!RT* )#C!

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

"ection 2. Declaration of State Policy. - The Statereconi!es that an effectie intellectual and industrialproperty syste# is ital to the deelop#ent of do#esticand creatie actiity$ facilitates transfer of technoloy$attracts forein inest#ents$ and ensures #arket accessfor our products. It shall protect and secure the e%clusie

rihts of scientists$ inentors$ artists and other iftedciti!ens to their intellectual property and creations$particularly when beneficial to the people$ for suchperiods as proided in this Act.

The use of intellectual property bears a social function.To this end$ the State shall pro#ote the diffusion ofknowlede and infor#ation for the pro#otion ofnational deelop#ent and proress and the co##onood.

It is also the policy of the State to strea#linead#inistratie procedures of reisterin patents$

trade#arks and copyriht$ to liberali!e the reistrationon the transfer of technoloy$ and to enhance theenforce#ent of intellectual property rihts in thePhilippines. &n'

"ection 3. International Conventions and Reciprocity.- Any person who is a national or who is do#iciled or hasa real and effectie industrial establish#ent in a country

which is a party to any conention$ treaty or aree#entrelatin to intellectual property rihts or the repressionof unfair co#petition$ to which the Philippines is also aparty$ or e%tends reciprocal rihts to nationals of thePhilippines by law$ shall be entitled to benefits to the

e%tent necessary to ie effect to any proision of suchconention$ treaty or reciprocal law$ in addition to therihts to which any owner of an intellectual propertyriht is otherwise entitled by this Act. &n'

"ection /. Definitions. - (.). The ter# "intellectualproperty rihts" consists of:

a' Copyriht and *elated *ihts+

b' Trade#arks and Serice Marks+

c' ,eoraphic Indications+

d' Industrial esins+

e' Patents+

f' ayout-esins &Toporaphies' of InteratedCircuits+ and

' Protection of /ndisclosed Infor#ation &n$T*IPS'.

(.0. The ter# "technoloy transfer arrane#ents" refersto contracts or aree#ents inolin the transfer ofsyste#atic knowlede for the #anufacture of a product$the application of a process$ or renderin of a sericeincludin #anae#ent contracts+ and the transfer$assin#ent or licensin of all for#s of intellectualproperty rihts$ includin licensin of co#puter softwaree%cept co#puter software deeloped for #ass #arket.

(.1. The ter# "2ffice" refers to the Intellectual Property2ffice created by this Act.

(.(. The ter# "IP2 ,a!ette" refers to the a!ettepublished by the 2ffice under this Act. &n'

"ection 0. unctions of the Intellectual Property !ffice"IP!#. - 3.). To ad#inister and i#ple#ent the Statepolicies declared in this Act$ there is hereby created theIntellectual Property 2ffice &IP2' which shall hae thefollowin functions:

a' 4%a#ine applications for rant of letterspatent for inentions and reister utility #odelsand industrial desins+

b' 4%a#ine applications for the reistration of#arks$ eoraphic indication$ interatedcircuits+

c' *eister technoloy transfer arrane#entsand settle disputes inolin technoloy transferpay#ents coered by the proisions of Part II$Chapter I5 on 6oluntary icensin and deelopand i#ple#ent strateies to pro#ote and

facilitate technoloy transfer+

d' Pro#ote the use of patent infor#ation as atool for technoloy deelop#ent+

e' Publish reularly in its own publication thepatents$ #arks$ utility #odels and industrialdesins$ issued and approed$ and thetechnoloy transfer arrane#ents reistered+

f' Ad#inistratiely ad7udicate contestedproceedins affectin intellectual propertyrihts+ and

' Coordinate with other oern#ent aenciesand the priate sector efforts to for#ulate andi#ple#ent plans and policies to strenthen theprotection of intellectual property rihts in thecountry.

3.0. The 2ffice shall hae custody of all records$ books$drawins$ specifications$ docu#ents$ and other papersand thins relatin to intellectual property rihtsapplications filed with the 2ffice. &n'


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"ection 6. The !rgani$ational Structure of the IP!. -8.). The 2ffice shall be headed by a irector ,eneral whoshall be assisted by two &0' eputies irector ,eneral.

8.0. The 2ffice shall be diided into si% &8' 9ureaus$ eachof which shall be headed by a irector and assisted by an

Assistant irector. These 9ureaus are:

a' The 9ureau of Patents+

b' The 9ureau of Trade#arks+

c' The 9ureau of eal Affairs+

d' The ocu#entation$ Infor#ation andTechnoloy Transfer 9ureau+

e' The Manae#ent Infor#ation Syste# and4P 9ureau+ and

f' The Ad#inistratie$ inancial and PersonnelSerices 9ureau.

8.1. The irector ,eneral$ eputies irector ,eneral$irectors and Assistant irectors shall be appointed bythe President$ and the other officers and e#ployees ofthe 2ffice by the Secretary of Trade and Industry$confor#ably with and under the Ciil Serice aw. &n'

"ection . The Director %eneral and Deputies Director%eneral . - ;.). unctions. - The irector ,eneral shalle%ercise the followin powers and functions:

a' Manae and direct all functions and actiities

of the 2ffice$ includin the pro#ulation of rulesand reulations to i#ple#ent the ob7ecties$policies$ plans$ prora#s and pro7ects of the2ffice: Proided$ That in the e%ercise of theauthority to propose policies and standards inrelation to the followin: &)' the effectie$efficient$ and econo#ical operations of the2ffice re


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)?.). Bear and decide opposition to the application forreistration of #arks+ cancellation of trade#arks+sub7ect to the proisions of Section 8($ cancellation ofpatents$ utility #odels$ and industrial desins+ andpetitions for co#pulsory licensin of patents+

)?.0. &a' 4%ercise oriinal 7urisdiction in ad#inistratieco#plaints for iolations of laws inolin intellectualproperty rihts: Proided$ That its 7urisdiction is li#itedto co#plaints where the total da#aes clai#ed are notless than Two hundred thousand pesos &P0??$???':Proided further$ That aail#ent of the proisionalre#edies #ay be ranted in accordance with the *ules of Court. The irector of eal Affairs shall hae the powerto hold and punish for conte#pt all those who disreardorders or writs issued in the course of the proceedins.&n'

&b' After for#al inestiation$ the irector foreal Affairs #ay i#pose one &)' or #ore of thefollowin ad#inistratie penalties:

&i' The issuance of a cease and desistorder which shall specify the acts thatthe respondent shall cease and desistfro# and shall re


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)).(. 4stablish workin relations with research anddeelop#ent institutions as well as with local andinternational intellectual property professional roupsand the like+

)).3. Perfor# state-of-the-art searches+

)).8. Pro#ote the use of patent infor#ation as aneffectie tool to facilitate the deelop#ent of technoloy

in the country+

)).;. Proide technical$ adisory$ and other sericesrelatin to the licensin and pro#otion of technoloy$and carry out an efficient and effectie prora# fortechnoloy transfer+ and

)).@. *eister technoloy transfer arrane#ents$ andsettle disputes inolin technoloy transfer pay#ents.&n'

"ection 12. The *anagement Information Servicesand +DP Bureau. - The Manae#ent Infor#ation

Serices and 4P 9ureau shall:

)0.). Conduct auto#ation plannin$ research anddeelop#ent$ testin of syste#s$ contracts with fir#s$contractin$ purchase and #aintenance of e


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"ection 19. Dis.ualification of !fficers and +mployeesof the !ffice. - All officers and e#ployees of the 2fficeshall not apply or act as an attorney or patent aent of anapplication for a rant of patent$ for the reistration of autility #odel$ industrial desin or #ark nor ac


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C&APT!R ###R#%&T T) A PAT!NT

"ection 28. Right to a Patent . - The riht to a patent belons to the inentor$ his heirs$ or assins. Fhen two&0' or #ore persons hae 7ointly #ade an inention$ theriht to a patent shall belon to the# 7ointly. &Sec. )?$*.A. o. )83a'

"ection 29. irst to ile Rule. - If two &0' or #orepersons hae #ade the inention separately andindependently of each other$ the riht to the patent shall

belon to the person who filed an application for suchinention$ or where two or #ore applications are filedfor the sa#e inention$ to the applicant who has theearliest filin date or$ the earliest priority date. &1rdsentence$ Sec. )?$ *.A. o. )83a.'

"ection 3. Inventions Created Pursuant to aCommission. - 1?.). The person who co##issions the

work shall own the patent$ unless otherwise proided inthe contract.

1?.0. In case the e#ployee #ade the inention in thecourse of his e#ploy#ent contract$ the patent shall

belon to:

&a' The e#ployee$ if the inentie actiity is nota part of his reular duties een if the e#ployeeuses the ti#e$ facilities and #aterials of thee#ployer.

&b' The e#ployer$ if the inention is the result of the perfor#ance of his reularly-assined duties$unless there is an aree#ent$ e%press or i#plied$

to the contrary. &n'

"ection 31. Right of Priority. . - An application forpatent filed by any person who has preiously applied forthe sa#e inention in another country which by treaty$conention$ or law affords si#ilar priilees to ilipinociti!ens$ shall be considered as filed as of the date offilin the forein application: Proided$ That: &a' thelocal application e%pressly clai#s priority+ &b' it is filed

within twele &)0' #onths fro# the date the earliestforein application was filed+ and &c' a certified copy ofthe forein application toether with an 4nlishtranslation is filed within si% &8' #onths fro# the date of

filin in the Philippines. &Sec. )3$ *.A. o. )83a'

C&APT!R #- PAT!NT APP'#CAT#)N

"ection 32. The (pplication. - 10.). The patentapplication shall be in ilipino or 4nlish and shallcontain the followin:

&a' A re


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the re


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3).0. The *eulations shall proide for the procedure by which an appeal fro# the order of refusal fro# theirector shall be undertaken. &n'

"ection 02. Publication ,pon %rant of Patent . - 30.).The rant of the patent toether with other relatedinfor#ation shall be published in the IP2 ,a!ette withinthe ti#e prescribed by the *eulations.

30.0. Any interested party #ay inspect the co#pletedescription$ clai#s$ and drawins of the patent on file with the 2ffice. &Sec. )@$ *.A. o. )83a'

"ection 03. Contents of Patent . - The patent shall beissued in the na#e of the *epublic of the Philippinesunder the seal of the 2ffice and shall be sined by theirector$ and reistered toether with the description$clai#s$ and drawins$ if any$ in books and records of the2ffice. &Secs. ) and 0?$ *.A. o. )83a'

"ection 0/. Term of Patent . - The ter# of a patent shall be twenty &0?' years fro# the filin date of the

application. &Sec. 0)$ *.A. o. )83a'

"ection 00. (nnual ees. - 33.). To #aintain the patentapplication or patent$ an annual fee shall be paid uponthe e%piration of four &(' years fro# the date theapplication was published pursuant to Section (( hereof$and on each subse


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8).0. Fhere the rounds for cancellation relate to so#eof the clai#s or parts of the clai#$ cancellation #ay beeffected to such e%tent only. &Secs. 0@ and 0$ *.A. o.)83a'

"ection 62. Re.uirement of the Petition. - The petitionfor cancellation shall be in writin$ erified by thepetitioner or by any person in his behalf who knows thefacts$ specify the rounds upon which it is based$ includea state#ent of the facts to be relied upon$ and filed withthe 2ffice. Copies of printed publications or of patents of other countries$ and other supportin docu#ents#entioned in the petition shall be attached thereto$toether with the translation thereof in 4nlish$ if not inthe 4nlish lanuae. &Sec. 1?$ *.A. o. )83'

"ection 63. /otice of Hearing. - /pon filin of apetition for cancellation$ the irector of eal Affairsshall forthwith sere notice of the filin thereof upon thepatentee and all persons hain rants or licenses$ or any other riht$ title or interest in and to the patent and theinention coered thereby$ as appears of record in the2ffice$ and of notice of the date of hearin thereon onsuch persons and the petitioner. otice of the filin ofthe petition shall be published in the IP2 ,a!ette. &Sec.1)$ *.A. o. )83a'

"ection 6/. Committee of Three. - In cases inolinhihly technical issues$ on #otion of any party$ theirector of eal Affairs #ay order that the petition beheard and decided by a co##ittee co#posed of theirector of eal Affairs as chair#an and two &0'#e#bers who hae the e%perience or e%pertise in thefield of technoloy to which the patent souht to becancelled relates. The decision of the co##ittee shall beappealable to the irector ,eneral. &n'

"ection 60. Cancellation of the Patent . - 83.). If theCo##ittee finds that a case for cancellation has beenproed$ it shall order the patent or any specified clai# orclai#s thereof cancelled.

83.0. If the Co##ittee finds that$ takin intoconsideration the a#end#ent #ade by the patenteedurin the cancellation proceedins$ the patent and theinention to which it relates #eet the re


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perfor#in$ without his authori!ation$ the acts referredto in Section ;) hereof in the followin circu#stances:

;0.). /sin a patented product which has been put onthe #arket in the Philippines by the owner of theproduct$ or with his e%press consent$ insofar as such useis perfor#ed after that product has been so put on thesaid #arket+

;0.0. Fhere the act is done priately and on a non-co##ercial scale or for a non-co##ercial purpose:Proided$ That it does not sinificantly pre7udice theecono#ic interests of the owner of the patent+

;0.1. Fhere the act consists of #akin or usine%clusiely for the purpose of e%peri#ents that relate tothe sub7ect #atter of the patented inention+

;0.(. Fhere the act consists of the preparation forindiidual cases$ in a phar#acy or by a #edicalprofessional$ of a #edicine in accordance with a #edicalprescription or acts concernin the #edicine so

prepared+

;0.3. Fhere the inention is used in any ship$ essel$aircraft$ or land ehicle of any other country enterin theterritory of the Philippines te#porarily or accidentally:Proided$ That such inention is used e%clusiely for theneeds of the ship$ essel$ aircraft$ or land ehicle and notused for the #anufacturin of anythin to be sold withinthe Philippines. &Secs. 1@ and 1$ *.A. o. )83a'

"ection 3. Prior ,ser. - ;1.). otwithstandin Section;0 hereof$ any prior user$ who$ in ood faith was usinthe inention or has undertaken serious preparations to

use the inention in his enterprise or business$ beforethe filin date or priority date of the application on

which a patent is ranted$ shall hae the riht tocontinue the use thereof as enisaed in suchpreparations within the territory where the patentproduces its effect.

;1.0. The riht of the prior user #ay only be transferredor assined toether with his enterprise or business$ or

with that part of his enterprise or business in which theuse or preparations for use hae been #ade. &Sec. (?$*.A. o. )83a'

"ection /. ,se of Invention by %overnment . - ;(.). A,oern#ent aency or third person authori!ed by the,oern#ent #ay e%ploit the inention een withoutaree#ent of the patent owner where:

&a' The public interest$ in particular$ nationalsecurity$ nutrition$ health or the deelop#ent ofother sectors$ as deter#ined by the appropriateaency of the oern#ent$ so re


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co##itted #ore than four &(' years before theinstitution of the action for infrine#ent. &Sec. (1$ *.A.o. )83'

"ection 8. Damages) Re.uirement of /otice. -a#aes cannot be recoered for acts of infrine#entco##itted before the infriner had known$ or hadreasonable rounds to know of the patent. It is presu#edthat the infriner had known of the patent if on thepatented product$ or on the container or packae in

which the article is supplied to the public$ or on theadertisin #aterial relatin to the patented product orprocess$ are placed the words "Philippine Patent" withthe nu#ber of the patent. &Sec. (($ *.A. o. )83a'

"ection 81. Defenses in (ction for Infringement . - Inan action for infrine#ent$ the defendant$ in addition toother defenses aailable to hi#$ #ay show the inalidityof the patent$ or any clai# thereof$ on any of the roundson which a petition of cancellation can be brouht underSection 8) hereof. &Sec. (3$ *.A. o. )83'

"ection 82. Patent ound Invalid *ay be Cancelled . -In an action for infrine#ent$ if the court shall find thepatent or any clai# to be inalid$ it shall cancel the sa#e$and the irector of eal Affairs upon receipt of the final

7ud#ent of cancellation by the court$ shall record thatfact in the reister of the 2ffice and shall publish a noticeto that effect in the IP2 ,a!ette. &Sec. (8$ *.A. o. )83a'

"ection 83. (ssessor in Infringement (ction. - @1.).Two &0' or #ore assessors #ay be appointed by thecourt. The assessors shall be possessed of the necessaryscientific and technical knowlede re


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fro# third party suits brouht about by the use of thelicensed product or the licensed technoloy+ and

@;.)3. 2ther clauses with e


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3.(. In the case of public non-co##ercial use$ wherethe oern#ent or contractor$ without #akin a patentsearch$ knows or has de#onstrable rounds to know thata alid patent is or will be used by or for the oern#ent$the riht holder shall be infor#ed pro#ptly. &n'

"ection 96. Compulsory 'icensing of Patents Involving Semi0Conductor Technology. - In the case ofco#pulsory licensin of patents inolin se#i-conductor technoloy$ the license #ay only be ranted incase of public non-co##ercial use or to re#edy apractice deter#ined after 7udicial or ad#inistratieprocess to be anti-co#petitie. &n'

"ection 9. Compulsory 'icense Based on Interdependence of Patents. - If the inention protected by a patent$ hereafter referred to as the "second patent$" within the country cannot be worked without infrininanother patent$ hereafter referred to as the "first patent$"ranted on a prior application or benefitin fro# anearlier priority$ a co#pulsory license #ay be ranted tothe owner of the second patent to the e%tent necessaryfor the workin of his inention$ sub7ect to the followinconditions:

;.). The inention clai#ed in the second patent inolesan i#portant technical adance of considerableecono#ic sinificance in relation to the first patent+

;.0. The owner of the first patent shall be entitled to across-license on reasonable ter#s to use the inentionclai#ed in the second patent+

;.1. The use authori!ed in respect of the first patentshall be non-assinable e%cept with the assin#ent of

the second patent+ and

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

"ection 98. orm and Contents of Petition. - Thepetition for co#pulsory licensin #ust be in writin$

erified by the petitioner and acco#panied by pay#entof the re


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hae receied as royalties under the license. &Sec. 13-4$*.A. o. )83a'

C&APT!R # A""#%N!NT AN+ TRAN"#""#)N )

R#%&T"

"ection 13. Transmission of Rights. - )?1.). Patentsor applications for patents and inention to which they

relate$ shall be protected in the sa#e way as the rihts ofother property under the Ciil Code.

)?1.0. Inentions and any riht$ title or interest in and topatents and inentions coered thereby$ #ay be assinedor trans#itted by inheritance or be


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C&APT!R ####N+("TR#A' +!"#%N

"ection 112. Definition of Industrial Design. - Anindustrial desin is any co#position of lines or colors orany three-di#ensional for#$ whether or not associated-

with lines or colors: Proided$ That such co#position orfor# ies a special appearance to and can sere aspattern for an industrial product or handicraft. &Sec. 33$*.A. o. )83a'

"ection 113. Substantive Conditions for Protection. -))1.). 2nly industrial desins that are new or oriinalshall benefit fro# protection under this Act.

))1.0. Industrial desins dictated essentially by technicalor functional considerations to obtain a technical resultor those that are contrary to public order$ health or#orals shall not be protected. &n'

"ection 11/. Contents of the (pplication. - ))(.). 4eryapplication for reistration of an industrial desin shall

contain:

&a' A re


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Section0;

-Inentions Created Pursuant to aCo##ission+

Section0@

- *iht to a Patent+

Section0

- irst to ile *ule+

Section 1)

-

*iht of Priority: Proided$ That theapplication for industrial desin shall be filed within si% &8' #onths fro# theearliest filin date of the correspondinforein application+

Section11

- Appoint#ent of Aent or*epresentatie+

Section 3) - *efusal of the Application+

Sections38 to 8?

-Surrender$ Correction of and Chanesin Patent+

CBAPT4* 6II

- *e#edies of a Person with a *iht toPatent+

CBAPT4* 6III

-*ihts of Patentees and Infrine#ent of Patents+ and

CBAPT4* 5I

- Assin#ent and Trans#ission of*ihts.

)).0. If the essential ele#ents of an industrial desin which is the sub7ect of an application hae been obtainedfro# the creation of another person without his consent$protection under this Chapter cannot be inoked aainst

the in7ured party. &n'

"ection 12. Cancellation of Design Registration. -)0?.). At any ti#e durin the ter# of the industrialdesin reistration$ any person upon pay#ent of there


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of the releant sector of the public$ rather thanof the public at lare$ includin knowlede in thePhilippines which has been obtained as a resultof the pro#otion of the #ark+

&f' Is identical with$ or confusinly si#ilar to$ orconstitutes a translation of a #ark considered

well-known in accordance with the precedinpararaph$ which is reistered in the Philippines

with respect to oods or serices which are notsi#ilar to those with respect to whichreistration is applied for: Proided$ That use ofthe #ark in relation to those oods or serices

would indicate a connection between thoseoods or serices$ and the owner of thereistered #ark: Proided further$ That theinterests of the owner of the reistered #ark arelikely to be da#aed by such use+

&' Is likely to #islead the public$ particularly asto the nature$


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re


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order$ and the applicant shall be infor#ed of theapplication nu#ber and the filin date of the application

will be dee#ed to hae been abandoned. &n'

"ection 133. +2amination and Publication. - )11.).2nce the application #eets the filin re


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in the records of the 2ffice upon the certificate ofreistration or$ if said certificate is lost or destroyed$upon a certified copy thereof &Sec. )($ *.A. o. )88'

"ection 1/1. Sealed and Certified Copies as +vidence. -Copies of any records$ books$ papers$ or drawins

belonin to the 2ffice relatin to #arks$ and copies ofreistrations$ when authenticated by the seal of the2ffice and certified by the irector of the Ad#inistratie$inancial and Bu#an *esource eelop#ent Serice9ureau or in his na#e by an e#ployee of the 2ffice dulyauthori!ed by said irector$ shall be eidence in all cases

wherein the oriinals would be eidence+ and any person who applies and pays the prescribed fee shall secure suchcopies. &n'

"ection 1/2. Correction of *ista&es *ade by the!ffice. - Fheneer a #aterial #istake in a reistrationincurred throuh the fault of the 2ffice is clearlydisclosed by the records of the 2ffice$ a certificate statinthe fact and nature of such #istake shall be issued

without chare$ recorded and a printed copy thereofshall be attached to each printed copy of the reistration.Such corrected reistration shall thereafter hae thesa#e effect as the oriinal certificate+ or in the discretionof the irector of the Ad#inistratie$ inancial andBu#an *esource eelop#ent Serice 9ureau a newcertificate of reistration #ay be issued without chare.

All certificates of correction heretofore issued inaccordance with the *eulations and the reistration to

which they are attached shall hae the sa#e force andeffect as if such certificates and their issuance had beenauthori!ed by this Act. &n'

"ection 1/3. Correction of *ista&es *ade by (pplicant . - Fheneer a #istake is #ade in a

reistration and such #istake occurred in ood faiththrouh the fault of the applicant$ the 2ffice #ay issue acertificate upon the pay#ent of the prescribed fee:Proided$ That the correction does not inole anychane in the reistration that re


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serices: Proided$ That such use is confined to thepurposes of #ere identification or infor#ation andcannot #islead the public as to the source of the oodsor serices. &n'

"ection 1/9. (ssignment and Transfer of (pplicationand Registration. - )(.). An application for reistrationof a #ark$ or its reistration$ #ay be assined ortransferred with or without the transfer of the businessusin the #ark. &n'

)(.0. Such assin#ent or transfer shall$ howeer$ benull and oid if it is liable to #islead the public$particularly as reards the nature$ source$ #anufacturinprocess$ characteristics$ or suitability for their purpose$of the oods or serices to which the #ark is applied.

)(.1. The assin#ent of the application for reistrationof a #ark$ or of its reistration$ shall be in writin andre


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ter#inate. otice of cancellation shall be published inthe IP2 ,a!ette. &Sec. )$ *.A. o. )88a'

"ection 100. Remedies3 Infringement . - Any person who shall$ without the consent of the owner of thereistered #ark:

)33.). /se in co##erce any reproduction$ counterfeit$copy$ or colorable i#itation of a reistered #ark or the

sa#e container or a do#inant feature thereof inconnection with the sale$ offerin for sale$ distribution$adertisin of any oods or serices includin otherpreparatory steps necessary to carry out the sale of anyoods or serices on or in connection with which suchuse is likely to cause confusion$ or to cause #istake$ or todeceie+ or

)33.0. *eproduce$ counterfeit$ copy or colorably i#itate areistered #ark or a do#inant feature thereof and applysuch reproduction$ counterfeit$ copy or colorablei#itation to labels$ sins$ prints$ packaes$ wrappers$receptacles or adertise#ents intended to be used in

co##erce upon or in connection with the sale$ offerinfor sale$ distribution$ or adertisin of oods or sericeson or in connection with which such use is likely to causeconfusion$ or to cause #istake$ or to deceie$ shall beliable in a ciil action for infrine#ent by the reistrantfor the re#edies hereinafter set forth: Proided$ That theinfrine#ent takes place at the #o#ent any of the actsstated in Subsection )33.) or this subsection areco##itted reardless of whether there is actual sale ofoods or serices usin the infrinin #aterial. &Sec. 00$*.A. o )88a'

"ection 106. (ctions) and Damages and In1unction for Infringement . - )38.). The owner of a reistered #ark#ay recoer da#aes fro# any person who infrines hisrihts$ and the #easure of the da#aes suffered shall beeither the reasonable profit which the co#plainin party

would hae #ade$ had the defendant not infrined hisrihts$ or the profit which the defendant actually #adeout of the infrine#ent$ or in the eent such #easure ofda#aes cannot be readily ascertained with reasonablecertainty$ then the court #ay award as da#aes areasonable percentae based upon the a#ount of rosssales of the defendant or the alue of the serices inconnection with which the #ark or trade na#e was usedin the infrine#ent of the rihts of the co#plaininparty. &Sec. 01$ first par.$ *.A. o. )88a'

)38.0. 2n application of the co#plainant$ the court #ayi#pound durin the pendency of the action$ salesinoices and other docu#ents eidencin sales. &n'

)38.1. In cases where actual intent to #islead the publicor to defraud the co#plainant is shown$ in the discretionof the court$ the da#aes #ay be doubled. &Sec. 01$ firstpar.$ *.A. o. )88'

)38.(. The co#plainant$ upon proper showin$ #ay also be ranted in7unction. &Sec. 01$ second par.$ *.A. o.)88a'

"ection 10. Po-er of Court to !rder Infringing *aterial Destroyed . - )3;.) In any action arisin underthis Act$ in which a iolation of any riht of the owner ofthe reistered #ark is established$ the court #ay orderthat oods found to be infrinin be$ withoutco#pensation of any sort$ disposed of outside thechannels of co##erce in such a #anner as to aoid anyhar# caused to the riht holder$ or destroyed+ and alllabels$ sins$ prints$ packaes$ wrappers$ receptacles andadertise#ents in the possession of the defendant$

bearin the reistered #ark or trade na#e or anyreproduction$ counterfeit$ copy or colorable i#itationthereof$ all plates$ #olds$ #atrices and other #eans of#akin the sa#e$ shall be deliered up and destroyed.

)3;.0. In reard to counterfeit oods$ the si#ple re#oalof the trade#ark affi%ed shall not be sufficient otherthan in e%ceptional cases which shall be deter#ined bythe *eulations$ to per#it the release of the oods intothe channels of co##erce. &Sec. 0($ *.A. o. )88a'

"ection 108. Damages3 Re.uirement of /otice. - Inany suit for infrine#ent$ the owner of the reistered#ark shall not be entitled to recoer profits or da#aesunless the acts hae been co##itted with knowledethat such i#itation is likely to cause confusion$ or tocause #istake$ or to deceie. Such knowlede ispresu#ed if the reistrant ies notice that his #ark isreistered by displayin with the #ark the words="*eistered Mark" or the letter * within a circle or if thedefendant had otherwise actual notice of the reistration.&Sec. 0)$ *.A. o. )88a'

"ection 109. 'imitations to (ctions for Infringement . -otwithstandin any other proision of this Act$ there#edies ien to the owner of a riht infrined underthis Act shall be li#ited as follows:

)3.). otwithstandin the proisions of Section )33hereof$ a reistered #ark shall hae no effect aainst any person who$ in ood faith$ before the filin date or thepriority date$ was usin the #ark for the purposes of his

business or enterprise: Proided$ That his riht #ay only be transferred or assined toether with his enterprise or business or with that part of his enterprise or business in which the #ark is used.

)3.0. Fhere an infriner who is enaed solely in the business of printin the #ark or other infrinin#aterials for others is an innocent infriner$ the ownerof the riht infrined shall be entitled as aainst suchinfriner only to an in7unction aainst future printin.

)3.1. Fhere the infrine#ent co#plained of iscontained in or is part of paid adertise#ent in anewspaper$ #aa!ine$ or other si#ilar periodical or inan electronic co##unication$ the re#edies of the ownerof the riht infrined as aainst the publisher ordistributor of such newspaper$ #aa!ine$ or othersi#ilar periodical or electronic co##unication shall beli#ited to an in7unction aainst the presentation of suchadertisin #atter in future issues of such newspapers$#aa!ines$ or other si#ilar periodicals or in futuretrans#issions of such electronic co##unications. Theli#itations of this subpararaph shall apply only toinnocent infriners: Proided$ That such in7unctie relief shall not be aailable to the owner of the riht infrined

with respect to an issue of a newspaper$ #aa!ine$ orother si#ilar periodical or an electronic co##unicationcontainin infrinin #atter where restrainin thedisse#ination of such infrinin #atter in any particularissue of such periodical or in an electronic

co##unication would delay the deliery of such issue ortrans#ission of such electronic co##unication iscusto#arily conducted in accordance with the sound

business practice$ and not due to any #ethod or deiceadopted to eade this section or to preent or delay theissuance of an in7unction or restrainin order withrespect to such infrinin #atter. &n'

"ection 16. Right of oreign Corporation to Sue inTrademar& or Service *ar& +nforcement (ction. - Anyforein national or 7uridical person who #eets there


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enae in business in the Philippines #ay brin a ciil orad#inistratie action hereunder for opposition$cancellation$ infrine#ent$ unfair co#petition$ or falsedesination of oriin and false description$ whether ornot it is licensed to do business in the Philippines undere%istin laws. &Sec. 0)-A$ *.A. o. )88a'

"ection 161. (uthority to Determine Right to Registration. - In any action inolin a reistered #ark$the court #ay deter#ine the riht to reistration$ orderthe cancellation of a reistration$ in whole or in part$ andotherwise rectify the reister with respect to thereistration of any party to the action in the e%ercise ofthis. Hud#ent and orders shall be certified by the courtto the irector$ who shall #ake appropriate entry uponthe records of the 9ureau$ and shall be controlledthereby. &Sec. 03$ *.A. o. )88a'

"ection 162. (ction for alse or raudulent Declaration. - Any person who shall procure reistrationin the 2ffice of a #ark by a false or fraudulentdeclaration or representation$ whether oral or in writin$or by any false #eans$ shall be liable in a ciil action byany person in7ured thereby for any da#aes sustained inconse


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of unfair co#petition$ and shall be sub7ect to an actiontherefor.

)[email protected]. In particular$ and without in any way li#itin thescope of protection aainst unfair co#petition$ thefollowin shall be dee#ed uilty of unfair co#petition:

&a' Any person$ who is sellin his oods andies the# the eneral appearance of oods of

another #anufacturer or dealer$ either as to theoods the#seles or in the wrappin of thepackaes in which they are contained$ or thedeices or words thereon$ or in any other featureof their appearance$ which would be likely toinfluence purchasers to beliee that the oodsoffered are those of a #anufacturer or dealer$other than the actual #anufacturer or dealer$ or

who otherwise clothes the oods with suchappearance as shall deceie the public anddefraud another of his leiti#ate trade$ or anysubse


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indiidually chosen by the#: Proided$ That aailabilityof such copies has been such$ as to satisfy the reasonablere


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dissertations$ pronounced$ read or rendered in courts of 7ustice$ before ad#inistratie aencies$ in deliberatieasse#blies and in #eetins of public character. &Sec. $first par.$ P.. o. ('

);8.0. The author of speeches$ lectures$ ser#ons$addresses$ and dissertations #entioned in the precedinpararaphs shall hae the e%clusie riht of #akin acollection of his works. &n'

);8.1. otwithstandin the foreoin proisions$ the,oern#ent is not precluded fro# receiin and holdincopyrihts transferred to it by assin#ent$ be


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transfer of the #aterial ob7ect. or shall a transfer orassin#ent of the sole copy or of one or seeral copies ofthe work i#ply transfer or assin#ent of the copyriht.&Sec. )8$ P.. o. ('

"ection 182. iling of (ssignment or 'icense. - Anassin#ent or e%clusie license #ay be filed in duplicate

with the ational ibrary upon pay#ent of theprescribed fee for reistration in books and records keptfor the purpose. /pon recordin$ a copy of theinstru#ent shall be returned to the sender with anotation of the fact of record. otice of the record shall

be published in the IP2 ,a!ette. &Sec. )$ P.. o. (a'

"ection 183. Designation of Society. - The copyrihtowners or their heirs #ay desinate a society of artists$

writers or co#posers to enforce their econo#ic rihtsand #oral rihts on their behalf. &Sec. 10$ P.. o. (a'

C&APT!R -###'##TAT#)N" )N C)P*R#%&T

"ection 18/. 'imitations on Copyright . - )@(.).otwithstandin the proisions of Chapter 6$ thefollowin acts shall not constitute infrine#ent ofcopyriht:

&a' The recitation or perfor#ance of a work$once it has been lawfully #ade accessible to thepublic$ if done priately and free of chare or if#ade strictly for a charitable or reliiousinstitution or society+ &Sec. )?&)'$ P.. o. ('

&b' The #akin of


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)@3.0. The fact that a work is unpublished shall not byitself bar a findin of fair use if such findin is #adeupon consideration of all the aboe factors.

"ection 186. 8or& of (rchitecture. - Copyriht in a work of architecture shall include the riht to control theerection of any buildin which reproduces the whole or asubstantial part of the work either in its oriinal for# orin any for# reconi!ably deried fro# the oriinal:Proided$ That the copyriht in any such work shall notinclude the riht to control the reconstruction orrehabilitation in the sa#e style as the oriinal of a

buildin to which that copyriht relates. &n'

"ection 18. Reproduction of Published 8or&. - )@;.).otwithstandin the proision of Section );;$ andsub7ect to the proisions of Subsection )@;.0$ the priatereproduction of a published work in a sinle copy$ wherethe reproduction is #ade by a natural person e%clusielyfor research and priate study$ shall be per#itted$

without the authori!ation of the owner of copyriht inthe work.

)@;.0. The per#ission ranted under Subsection )@;.)shall not e%tend to the reproduction of:

&a' A work of architecture in the for# of buildinor other construction+

&b' An entire book$ or a substantial part thereof$or of a #usical work in raphic for# byreproraphic #eans+

&c' A co#pilation of data and other #aterials+

&d' A co#puter prora# e%cept as proided inSection )@+ and

&e' Any work in cases where reproduction wouldunreasonably conflict with a nor#al e%ploitationof the work or would otherwise unreasonablypre7udice the leiti#ate interests of the author.&n'

"ection 188. Reprographic Reproduction by 'ibraries.- )@@.). otwithstandin the proisions of Subsection);;.8$ any library or archie whose actiities are not forprofit #ay$ without the authori!ation of the author of

copyriht owner$ #ake a sinle copy of the work byreproraphic reproduction:

&a' Fhere the work by reason of its frailecharacter or rarity cannot be lent to user in itsoriinal for#+

&b' Fhere the works are isolated articlescontained in co#posite works or brief portionsof other published works and the reproduction isnecessary to supply the#$ when this isconsidered e%pedient$ to persons re


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&b' Fhen such copies for# parts of libraries andpersonal baae belonin to persons orfa#ilies arriin fro# forein countries and arenot intended for sale: Proided$ That such copiesdo not e%ceed three &1'.

)?.0. Copies i#ported as allowed by this Section #aynot lawfully be used in any way to iolate the rihts ofowner the copyriht or annul or li#it the protectionsecured by this Act$ and such unlawful use shall bedee#ed an infrine#ent and shall be punishable as such

without pre7udice to the proprietor=s riht of action.

)?.1. Sub7ect to the approal of the Secretary ofinance$ the Co##issioner of Custo#s is herebye#powered to #ake rules and reulations for preentinthe i#portation of articles the i#portation of which isprohibited under this Section and under treaties andconentions to which the Philippines #ay be a party andfor sei!in and conde#nin and disposin of the sa#e incase they are discoered after they hae been i#ported.&Sec. 1?$ P.. o. ('

C&APT!R #+!P)"#T AN+ N)T#C!

"ection 191. Registration and Deposit -ith /ational 'ibrary and the Supreme Court 'ibrary. - After the firstpublic disse#ination of perfor#ance by authority of thecopyriht owner of a work fallin under Subsections);0.)$ );0.0 and );0.1 of this Act$ there shall$ for thepurpose of co#pletin the records of the ationalibrary and the Supre#e Court ibrary$ within three &1'

weeks$ be reistered and deposited with it$ by personaldeliery or by reistered #ail two &0' co#plete copies orreproductions of the work in such for# as the directorsof said libraries #ay prescribe. A certificate of depositshall be issued for which the prescribed fee shall becollected and the copyriht owner shall be e%e#pt fro##akin additional deposit of the works with the ationalibrary and the Supre#e Court ibrary under otherlaws. If$ within three &1' weeks after receipt by thecopyriht owner of a written de#and fro# the directorsfor such deposit$ the re


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chared with their enforce#ent to the sa#e rihts andre#edies aailable to a copyriht owner. In addition$da#aes which #ay be aailed of under the Ciil Code#ay also be recoered. Any da#ae recoered after thecreator=s death shall be held in trust for and re#itted tohis heirs$ and in default of the heirs$ shall belon to theoern#ent. &Sec. (?$ P o. ('

C&APT!R #R#%&T" T) PR)C!!+" #N "($"!5(!NT

TRAN"!R"

"ection 2. Sale or 'ease of 8or&. - In eery sale orlease of an oriinal work of paintin or sculpture or ofthe oriinal #anuscript of a writer or co#poser$subse


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perfor#ance$ the proisions of Sections 0?1 shall haeno further application.

0?3.0. The proisions of Section )@( and Section )@3shall apply #utatis #utandis to perfor#ers. &n'

"ection 26. (dditional Remuneration for Subse.uent Communications or Broadcasts. - /nless otherwiseproided in the contract$ in eery co##unication to the

public or broadcast of a perfor#ance subse


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always be dee#ed to bein on the first day of Hanuary ofthe year followin the eent which ae rise to the#.&Sec. 03$ P.. o. ('

"ection 210. Term of Protection for Performers) Producers and Broadcasting !rgani$ations. - 0)3.). Therihts ranted to perfor#ers and producers of soundrecordins under this law shall e%pire:

&a' or perfor#ances not incorporated inrecordins$ fifty &3?' years fro# the end of the year in which the perfor#ance took place+ and

&b' or sound or i#ae and sound recordinsand for perfor#ances incorporated therein$ fifty&3?' years fro# the end of the year in which therecordin took place.

0)3.0. In case of broadcasts$ the ter# shall be twenty&0?' years fro# the date the broadcast took place. Thee%tended ter# shall be applied only to old works withsubsistin protection under the prior law. &Sec. 33$ P..

o. (a'

C&APT!R -###NR#N%!!NT

"ection 216. Remedies for Infringement . - 0)8.). Anyperson infrinin a riht protected under this law shall

be liable:

&a' To an in7unction restrainin suchinfrine#ent. The court #ay also order thedefendant to desist fro# an infrine#ent$a#on others$ to preent the entry into the

channels of co##erce of i#ported oods thatinole an infrine#ent$ i##ediately aftercusto#s clearance of such oods.

&b' Pay to the copyriht proprietor or his assinsor heirs such actual da#aes$ includin lealcosts and other e%penses$ as he #ay haeincurred due to the infrine#ent as well as theprofits the infriner #ay hae #ade due to suchinfrine#ent$ and in proin profits the plaintiffshall be re


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contrary is proed$ and the court before whichsuch affidait is produced shall assu#e that theaffidait was #ade by or on behalf of the ownerof the copyriht.

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

&a' Copyriht shall be presu#ed to subsist in the work or other sub7ect #atter to which the action

relates if the defendant does not put in issue the


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"ection 226. Damages. - o da#aes #ay berecoered under this Act after four &(' years fro# theti#e the cause of action arose. &Sec. 3@$ P.. o. ('

C&APT!R #"C!''AN!)(" PR)-#"#)N"

"ection 22. !-nership of Deposit and Instruments. - All copies deposited and instru#ents in writin filed

with the ational ibrary and the Supre#e Courtibrary in accordance with the proisions of this Actshall beco#e the property of the ,oern#ent. &Sec. 8?$P.. o. ('

"ection 228. Public Records. - The section or diisionof the ational ibrary and the Supre#e Court ibrarychared with receiin copies and instru#ents depositedand with keepin records re


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01.0. Marks reistered under *epublic Act o. )88 shallre#ain in force but shall be dee#ed to hae beenranted under this Act and shall be due for renewal

within the period proided for under this Act and$ uponrenewal shall be reclassified in accordance with theInternational Classification. Trade na#es and #arksreistered in the Supple#ental *eister under *epublic

Act o. )88 shall re#ain in force but shall no loner besub7ect to renewal.

01.1. The proisions of this Act shall apply to works in which copyriht protection obtained prior to theeffectiity of this Act is subsistin: Proided$ That theapplication of this Act shall not result in the di#inutionof such protection. &n'

"ection 2/. Separability. - If any proision of this Actor the application of such proision to any circu#stancesis held inalid$ the re#ainder of the Act shall not beaffected thereby. &n'

"ection 2/1. +ffectivity. - This Act shall take effect on )Hanuary )@. &n'

Approed: June 6, 199

ip law codal

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