PHILIPPINE LAWS: Republic Act 8293 as amended

REPUBLIC ACT 8293

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR
OTHER PURPOSES
{62/75}
Original (6 June 1997) :: Effective 1 January 1998 :: Amended by Republic Act 9105 (6 August 2001), Republic Act 9502 (6
June 2008), and Republic Act 10372 (28 February 2013)
See also Republic Act 9168 (7 June 2002) [Philippine Plant Variety Protection Act of 2002]; Republic Act 10055 (23 March
2010) [Philippine Technology Transfer Act of 2009]

PART I
THE INTELLECTUAL PROPERTY OFFICE

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

Section 2. Declaration of State Policy. – The State recognizes that an effective intellectual and industrial property
system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts
foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of
scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when
beneficial to the people, for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of
knowledge and information for the promotion of national development and progress and the common good.

It is also the policy of the State 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. (n)

Section 3. International Conventions and 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. (n)

Section 4. Definitions. –

4.1. The term "intellectual property rights" consists of:

a. Copyright and Related Rights;

b. Trademarks and Service Marks;

c. Geographic Indications;

d. Industrial Designs;

e. Patents;

f. Layout-Designs (Topographies) of Integrated Circuits; and

g. Protection of Undisclosed Information (n, TRIPS).

4.2. The term "technology transfer arrangements" refers to contracts or agreements involving the transfer of
systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service
including management contracts; and the transfer, assignment or licensing of all forms of intellectual property

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rights, including licensing of computer software except computer software developed for mass market.

4.3. The term "Office" refers to the Intellectual Property Office created by this Act.

4.4. The term "IPO Gazette" refers to the gazette published by the Office under this Act. (n)

Section 5. Functions of the Intellectual Property Office (IPO). –

5.1. To administer and implement the State policies declared in this Act, there is hereby created the Intellectual
Property Office (IPO) which shall have the following functions:

a. Examine applications for grant of letters patent for inventions and register utility models and industrial
designs;

b. Examine applications for the registration of marks, geographic indication, integrated circuits;

c. Register technology transfer arrangements and settle disputes involving technology transfer payments
covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement
strategies to promote and facilitate technology transfer;

d. Promote the use of patent information as a tool for technology development;

e. Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued
and approved, and the technology transfer arrangements registered;

f. Administratively adjudicate contested proceedings affecting intellectual property rights; and

g. Coordinate with other government agencies and the private sector efforts to formulate and implement plans
and policies to strengthen the protection of intellectual property rights in the country.

5.2. The Office shall have custody of all records, books, drawings, specifications, documents, and other papers
and things relating to intellectual property rights applications filed with the Office. (n)

Section 6. The Organizational Structure of the IPO. –

6.1. The Office shall be headed by a Director General who shall be assisted by two (2) Deputies Director
General.

6.2. The Office shall be divided into seven (7) Bureaus, each of which shall be headed by a Director and assisted
by an Assistant Director. These Bureaus are:

a. The Bureau of Patents;

b. The Bureau of Trademarks;

c. The Bureau of Legal Affairs;

d. The Documentation, Information and Technology Transfer Bureau;

e. The Management Information System and EDP Bureau;

f. The Administrative, Financial and Personnel Services Bureau; and

g. The Bureau of Copyright and Other Related Rights. [§1-RA10372[2013].apss] 1

6.3. The Director General, Deputies Director General, Directors and Assistant Directors shall be appointed by the
President, and the other officers and employees of the Office by the Secretary of Trade and Industry,

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conformably with and under the Civil Service law. (n)

Section 7. The Director General and Deputies Director General. –

7.1. Functions. – The Director General shall exercise the following powers and functions:

a. Manage and direct all functions and activities of the Office, including the promulgation of rules and
regulations to implement the objectives, policies, plans, programs and projects of the Office: Provided, That
in the exercise of the authority to propose policies and standards in relation to the following: (1) the effective,
efficient, and economical operations of the Office requiring statutory enactment; (2) coordination with other
agencies of government in relation to the enforcement of intellectual property rights; (3) the recognition of
attorneys, agents, or other persons representing applicants or other parties before the Office; and (4) the
establishment of fees for the filing and processing of an application for a patent, utility model or industrial
design or mark or a collective mark, geographic indication and other marks of ownership, and for all other
services performed and materials furnished by the Office, the Director General shall be subject to the
supervision of the Secretary of Trade and Industry;

b. Exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal Affairs, the
Director of Patents, the Director of Trademarks, the Director of Copyright and Other Related Rights, and the
Director of the Documentation, Information and Technology Transfer Bureau. The decisions of the Director
General in the exercise of his appellate jurisdiction in respect of the decisions of the Director of Patents, the
Director of Trademarks and the Director of Copyright and Other Related Rights shall be appealable to the
Court of Appeals in accordance with the Rules of Court; and those in respect of the decisions of the Director
of the Documentation, Information and Technology Transfer Bureau shall be appealable to the Secretary of
Trade and Industry;

c. Undertake enforcement functions supported by concerned agencies such as the Philippine National
Police, the National Bureau of Investigation, the Bureau of Customs, the Optical Media Board, and the local
government units, among others;

d. Conduct visits during reasonable hours to establishments and businesses engaging in activities violating
intellectual property rights and provisions of this Act based on report, information or complaint received by
the office; and

e. Such other functions in furtherance of protecting IP rights and objectives of this Act. [§2-
RA10372[2013].apss] 2

7.2. Qualifications. – The Director General and the Deputies Director General must be natural born citizens of
the Philippines, at least thirty-five (35) years of age on the day of their appointment, holders of a college degree,
and of proven competence, integrity, probity and independence: Provided, That the Director General and at least
one (1) Deputy Director General shall be members of the Philippine Bar who have engaged in the practice of law
for at least ten (10) years: Provided, further, That in the selection of the Director General and the Deputies
Director General, consideration shall be given to such qualifications as would result, as far as practicable, in the
balanced representation in the Directorate General of the various fields of intellectual property.

7.3. Term of Office. – The Director General and the Deputies Director General shall be appointed by the
President for a term of five (5) years and shall be eligible for reappointment only once: Provided, That the first
Director General shall have a first term of seven (7) years. Appointment to any vacancy shall be only for the
unexpired term of the predecessor.

7.4. The Office of the Director General. – The Office of the Director General shall consist of the Director
General and the Deputies Director General, their immediate staff and such Offices and Services that the Director
General will set up to support directly the Office of the Director General. (n)

Section 8. The Bureau of Patents. – The Bureau of Patents shall have the following functions:

8.1. Search and examination of patent applications and the grant of patents;

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8.2. Registration of utility models, industrial designs, and integrated circuits; and

8.3. Conduct studies and researches in the field of patents in order to assist the Director General in formulating
policies on the administration and examination of patents. (n)

Section 9. The Bureau of Trademarks. – The Bureau of Trademarks shall have the following functions:

9.1. Search and examination of the applications for the registration of marks, geographic indications and other
marks of ownership and the issuance of the certificates of registration; and

9.2. Conduct studies and researches in the field of trademarks in order to assist the Director General in
formulating policies on the administration and examination of trademarks. (n)

Section 9A. The Bureau of Copyright and Other Related Rights. – The Bureau of Copyright and Other Related
Rights shall have the following functions:

9A.1. Exercise original jurisdiction to resolve disputes relating to the terms of a license involving the author’s
right to public performance or other communication of his work;

9A.2. Accept, review and decide on applications for the accreditation of collective management organizations or
similar entities;

9A.3. Conduct studies and researches in the field of copyright and related rights; and

9A.4. Provide other copyright and related rights service and charge reasonable fees therefor. [§3-
RA10372[2013].adws] 3

Section 10. The Bureau of Legal Affairs. – The Bureau of Legal Affairs shall have the following functions:

10.1. Hear and decide opposition to the application for registration of marks; cancellation of trademarks; subject
to the provisions of Section 64, cancellation of patents, utility models, and industrial designs; and petitions for
compulsory licensing of patents;

10.2.

(a) Exercise original jurisdiction in administrative complaints for violations of laws involving intellectual
property rights. Provided, That its jurisdiction is limited to complaints where the total damages claimed are
not less than Two hundred thousand pesos (P200,000): Provided, further, That availment of the provisional
remedies may be granted in accordance with the Rules of Court. The Director of Legal Affairs shall have the
power to hold and punish for contempt all those who disregard orders or writs issued in the course of the
proceedings. (n)

(b) After formal investigation, the Director for Legal Affairs may impose one (1) or more of the following
administrative penalties;

a. The issuance of a cease and desist order which shall specify the acts that the respondent shall cease and
desist from and shall require him to submit a compliance report within a reasonable time which shall be
fixed in the order;

b. The acceptance of a voluntary assurance of compliance or discontinuance as may be imposed. Such

voluntary assurance may include one (1) or more of the following:

a. An assurance to comply with the provisions of the intellectual property law violated;

b. An assurance to refrain from engaging in unlawful and unfair acts and practices subject of the
formal investigation;

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c. An assurance to recall, replace, repair, or refund the money value of defective goods distributed in
commerce; and

d. An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case
in the Bureau of Legal Affairs.

The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and
file a bond to guarantee compliance of his undertaking;

c. The condemnation or seizure of products which are subject of the offense. The goods seized hereunder
shall be disposed of in such manner as may be deemed appropriate by the Director of Legal Affairs, such
as by sale, donation to distressed local governments or to charitable or relief institutions, exportation,
recycling into other goods, or any combination thereof, under such guidelines as he may provide;

d. The forfeiture of paraphernalia and all real and personal properties which have been used in the
commission of the offense;

e. The imposition of administrative fines in such amount as deemed reasonable by the Director of Legal
Affairs, which shall in no case be less than Five thousand pesos (P5,000) nor more than One hundred fifty
thousand pesos (P150,000). In addition, an additional fine of not more than One thousand pesos (P1,000)
shall be imposed for each day of continuing violation;

f. The cancellation of any permit, license, authority, or registration which may have been granted by the
Office, or the suspension of the validity thereof for such period of time as the Director of Legal Affairs
may deem reasonable which shall not exceed one (1) year;

g. The withholding of any permit, license, authority, or registration which is being secured by the
respondent from the Office;

h. The assessment of damages;

i. Censure; and

j. Other analogous penalties or sanctions. (Sec. 6, 7, 8, and 9, Executive Order No. 913 [1983]a)

10.3. The Director General may by regulations establish the procedure to govern the implementation of this
Section. (n)

Section 11. The Documentation, Information and Technology Transfer Bureau. – The Documentation, Information
and Technology Transfer Bureau shall have the following functions:

11.1. Support the search and examination activities of the Office through the following activities:

a. Maintain and upkeep classification systems whether they be national or international such as the
International Patent Classification (IPC) system;

b. Provide advisory services for the determination of search patterns;

c. Maintain search files and search rooms and reference libraries; and

d. Adapt and package industrial property information.

11.2. Establish networks or intermediaries or regional representatives;

11.3. Educate the public and build awareness on intellectual property through the conduct of seminars and
lectures, and other similar activities;

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11.4. Establish working relations with research and development institutions as well as with local and
international intellectual property professional groups and the like;

11.5. Perform state-of-the-art searches;

11.6. Promote the use of patent information as an effective tool to facilitate the development of technology in the
country;

11.7. Provide technical, advisory, and other services relating to the licensing and promotion of technology, and
carry out an efficient and effective program for technology transfer; and

11.8. Register technology transfer arrangements, and settle disputes involving technology transfer payments. (n)

Section 12. The Management Information Services and EDP Bureau. – The Management Information Services and
EDP Bureau shall:

12.1. Conduct automation planning, research and development, testing of systems, contracts with firms,
contracting, purchase and maintenance of equipment, design and maintenance of systems, user consultation, and
the like; and

12.2. Provide management information support and service to the Office. (n)

Section 13. The Administrative, Financial and Human Resource Development Service Bureau. –

13.1. The Administrative Service shall:

a. Provide services relative to procurement and allocation of supplies and equipment, transportation,
messengerial work, cashiering, payment of salaries and other Office's obligations, office maintenance, proper
safety and security, and other utility services; and comply with government regulatory requirements in the
areas of performance appraisal, compensation and benefits, employment records and reports;

b. Receive all applications filed with the Office and collect fees therefore; and

c. Publish patent applications and grants, trademark applications, and registration of marks, industrial
designs, utility models, geographic indication, and lay-out-designs of integrated circuits registrations.

13.2. The Patent and Trademark Administration Services shall perform the following functions among others:

a. Maintain registers of assignments, mergings, licenses, and bibliographic on patents and trademarks;

b. Collect maintenance fees, issue certified copies of documents in its custody and perform similar other
activities; and

c. Hold in custody all the applications filed with the office, and all patent grants, certificate of registrations
issued by the office, and the like.

13.3. The Financial Service shall formulate and manage a financial program to ensure availability and proper
utilization of funds; provide for an effective monitoring system of the financial operations of the Office; and

13.4. The Human Resource Development Service shall design and implement human resource development
plans and programs for the personnel of the Office; provide for present and future manpower needs of the
organization; maintain high morale nd favorable employee attitudes towards the organization through the
continuing design and implementation of employee development programs. (n)

Section 14. Use of Intellectual Property Rights Fees by the IPO. –

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14.1. For a more effective and expeditious implementation of this Act, the Director General shall be authorized
to retain, without need of a separate approval from any government agency, and subject only to the existing
accounting and auditing rules and regulations, all the fees, fines, royalties and other charges, collected by the
Office under this Act and the other laws that the Office will be mandated to administer, for use in its operations,
like upgrading of its facilities, equipment outlay, human resource development, and the acquisition of the
appropriate office space, among others, to improve the delivery of its services to the public. This amount, which
shall be in addition to the Office's annual budget, shall be deposited and maintained in a separate account or
fund, which may be used or disbursed directly by the Director General.

14.2. After five (5) years from the coming into force of this Act, the Director General shall, subject to the
approval of the Secretary of Trade and Industry; determine if the fees and charges mentioned in Subsection 14.1
hereof that the Office shall collect are sufficient to meet its budgetary requirements. If so, it shall retain all the
fees and charges it shall collect under the same conditions indicated in said Subsection 14.1 but shall forthwith,
cease to receive any funds from the annual budget of the National Government; if not, the provisions of said
Subsection 14.1 shall continue to apply until such time when the Director General, subject to the approval of the
Secretary of Trade and Industry, certifies that the above-stated fees and charges the Office shall collect are
enough to fund its operations. (n)

Section 15. Special Technical and Scientific Assistance. – The Director General is empowered to obtain the
assistance of technical, scientific or other qualified officers and employees of other departments, bureaus, offices,
agencies and instrumentalities of the Government, including corporations owned, controlled or operated by the
Government, when deemed necessary in the consideration of any matter submitted to the Office relative to the
enforcement of the provisions of this Act. (Sec. 3, R.A. No. 165a)

Section 16. Seal of Office. – The Office shall have a seal, the form and design of which shall be approved by the
Director General. (Sec. 4, R.A. No. 165a)

Section 17. Publication of Laws and Regulations. – The Director General shall cause to be printed and make
available for distribution, pamphlet copies of this Act, other pertinent laws, executive orders and information
circulars relating to matters within the jurisdiction of the Office. (Sec. 5, R.A. No. 165a)

Section 18. The IPO Gazette. – All matters required to be published under this Act shall be published in the Office's
own publication to be known as the IPO Gazette. (n)

Section 19. Disqualification of Officers and Employees of the Office. – All officers and employees of the Office
shall not apply or act as an attorney or patent agent of an application for a grant of patent, for the registration of a
utility model, industrial design or mark nor acquire, except by hereditary succession, any patent or utility model,
design registration, or mark or any right, title or interest therein during their employment and for one (1) year
thereafter. (Sec. 77, R.A. No. 165a)

PART II
THE LAW ON PATENTS

CHAPTER I.
GENERAL PROVISIONS

Section 20. Definition of Terms Used in Part II, The Law on Patents. – As used in Part II, the following terms shall
have the following meanings:

20.1. "Bureau" means the Bureau of Patents;

20.2. "Director" means the Director of Patents;

20.3. "Regulation" means the Rules of Practice in Patent Cases formulated by the Director of Patents and
promulgated by the Director General;

20.4. "Examiner" means the patent examiner;

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20.5. "Patent application" or "application" means an application for a patent for an invention except in Chapters
XII and XIII, where "application" means an application for a utility model and an industrial design, respectively;
and

20.6. "Priority date" means the date of filing of the foreign application for the same invention referred to in
Section 31 of this Act. (n)

CHAPTER II
PATENTABILITY

Section 21. Patentable Inventions. – Any technical solution of a problem in any field of human activity which is
new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a
product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)

Section 22. Non-Patentable Inventions. – The following shall be excluded from patent protection:

22.1. Discoveries, scientific theories and mathematical methods, and in the case of drugs and medicines, the
mere discovery of a new form or new property of a known substance which does not result in the enhancement
of the known efficacy of that substance, or the mere discovery of any new property or new use for a known
substance, or the mere use of a known process unless such known process results in a new product that employs
at least one new reactant.

For the purpose of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers,
mixtures of isomers, complexes, combinations, and other derivatives of a known substance shall be considered to
be the same substance, unless they differ significantly in properties with regard to efficacy; [§5-
RA9502[2008].awss] 4

22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for
computers;

22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods
practiced on the human or animal body. This provision shall not apply to products and composition for use in any
of these methods;

22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals.
This provision shall not apply to micro-organisms and non-biological and microbiological processes.

Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui
generic protection of plant varieties and animal breeds and a system of community intellectual rights protection;

22.5. Aesthetic creations; and

22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)

Section 23. Novelty. – An invention shall not be considered new if it forms part of a prior art. (Sec. 9, R.A. No.
165a)

Section 24. Prior Art. – Prior art shall consist of:

24.1. Everything which has been made available to the public anywhere in the world, before the filing date or the
priority date of the application claiming the invention; and

24.2. The whole contents of an application for a patent, utility model, or industrial design registration, published
in accordance with this Act, filed or effective in the Philippines, with a filing or priority date that is earlier than
the filing or priority date of the application: Provided, That the application which has validly claimed the filing
date of an earlier application under Section 31 of this Act, shall be prior art with effect as of the filing date of

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such earlier application:Provided, further, That the applicant or the inventor identified in both applications are
not one and the same. (Sec. 9, R.A. No. 165a)

Section 25. Non-Prejudicial Disclosure. –

25.1. The disclosure of information contained in the application during the twelve (12) months preceding the
filing date or the priority date of the application shall not prejudice the applicant on the ground of lack of novelty
if such disclosure was made by:

a. The inventor;

b. A patent office and the information was contained (a) in another application filed by the inventor and
should not have been disclosed by the office, or (b) in an application files without the knowledge or consent
of the inventor by a third party which obtained the information directly or indirectly from the inventor; or

c. A third party which obtained the information directly or indirectly from the inventor.

25.2. For the purposes of Subsection 25.1, "inventor" also means any person who, at the filing date of
application, had the right to the patent. (n)

Section 26. Inventive Step. –

26.1 An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled
in the art at the time of the filing date or priority date of the application claiming the invention. (n)

26.2. In the case of drugs and medicines, there is no inventive step if the invention results from the mere
discovery of a new form or new property of a known substance which does not result in the enhancement of the
known efficacy of that substance, or the mere discovery of any new property or new use for a known substance,
or the mere use of a known process unless such known process results in a new product that employs at least one
new reactant. [§6-RA9502[2008].aws] 5

Section 27. Industrial Applicability. – An invention that can be produced and used in any industry shall be
industrially applicable. (n)

CHAPTER III
RIGHT TO A PATENT

Section 28. Right to a Patent. – The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or
more persons have jointly made an invention, the right to a patent shall belong to them jointly. (Sec. 10, R.A. No.
165a)

Section 29. First to File Rule. – If two (2) or more persons have made the invention separately and independently of
each other, the right to the patent shall belong to the person who filed an application for such invention, or where
two (2) or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the
earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a)

Section 30. Inventions Created Pursuant to a Commission. –

30.1. The person who commissions the work shall own the patent, unless otherwise provided in the contract.

30.2. In case the employee made the invention in the course of his employment contract, the patent shall belong
to:

a. The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time,
facilities and materials of the employer; and

b. The employer, if the invention is the result of the performance of his regularly-assigned duties, unless there

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is an agreement, express or implied, to the contrary. (n)

Section 31. Right of Priority. – An application for patent filed by any person who has previously applied for the
same invention in another country which by treaty, convention, or law affords similar privileges to Filipino citizens,
shall be considered as filed as of the date of filing the foreign application: Provided, That: (a) the local application
expressly claims priority; (b) it is filed within twelve (12) months from the date the earliest foreign application was
filed; and (c) a certified copy of the foreign application together with an English translation is filed within six (6)
months from the date of filing in the Philippines. (Sec. 15, R.A. No. 165a)

CHAPTER IV
PATENT APPLICATION

Section 32. The Application. –

32.1. The patent application shall be in Filipino or English and shall contain the following:

a. A request for the grant of a patent;

b. A description of the invention;

c. Drawings necessary for the understanding of the invention;

d. One or more claims; and

e. An abstract.

32.2. No patent may be granted unless the application identifies the inventor. If the applicant is not the inventor,
the Office may require him to submit said authority. (Sec. 13, R. A. No. 165a)

Section 33. Appointment of Agent or Representative. – An applicant who is not a resident of the Philippines must
appoint and maintain a resident agent or representative in the Philippines upon whom notice or process for judicial
or administrative procedure relating to the application for patent or the patent may be served. (Sec. 11, R.A. No.
165a)

Section 34. The Request. – The request shall contain a petition for the grant of the patent, the name and other data of
the applicant, the inventor and the agent and the title of the invention. (n)

Section 35. Disclosure and Description of the Invention. –

35.1. Disclosure. – The application shall disclose the invention in a manner sufficiently clear and complete for it
to be carried out by a person skilled in the art. Where the application concerns a microbiological process or the
product thereof and involves the use of a micro-organism which cannot be sufficiently disclosed in the
application in such a way as to enable the invention to be carried out by a person skilled in the art, and such
material is not available to the public, the application shall be supplemented by a deposit of such material with
an international depository institution.

35.2. Description. – The Regulations shall prescribe the contents of the description and the order of presentation.
(Sec. 14, R.A. No. 165a)

Section 36. The Claims. –

36.1. The application shall contain one (1) or more claims which shall define the matter for which protection is
sought. Each claim shall be clear and concise, and shall be supported by the description.

36.2. The Regulations shall prescribe the manner of the presentation of claims. (n)

Section 37. The Abstract. – The abstract shall consist of a concise summary of the disclosure of the invention as

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contained in the description, claims and drawings in preferably not more than one hundred fifty (150) words. It must
be drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that
problem through the invention, and the principal use or uses of the invention. The abstract shall merely serve for
technical information. (n)

Section 38. Unity of Invention. –

38.1. The application shall relate to one (1) invention only or to a group of inventions forming a single general
inventive concept.

38.2. If several independent inventions which do not form a single general inventive concept are claimed in one
application, the Director may require that the application be restricted to a single invention. A later application
filed for an invention divided out shall be considered as having been filed on the same day as the first
application:Provided, That the later application is filed within four (4) months after the requirement to divide
becomes final, or within such additional time, not exceeding four (4) months, as may be granted: Provided,
further, That each divisional application shall not go beyond the disclosure in the initial application.

38.3. The fact that a patent has been granted on an application that did not comply with the requirement of unity
of invention shall not be a ground to cancel the patent. (Sec. 17, R.A. No. 165a)

Section 39. Information Concerning Corresponding Foreign Application for Patents. – The applicant shall, at the
request of the Director, furnish him with the date and number of any application for a patent filed by him abroad,
hereafter referred to as the "foreign application," relating to the same or essentially the same invention as that
claimed in the application filed with the Office and other documents relating to the foreign application. (n)

CHAPTER V
PROCEDURE FOR GRANT OF PATENT

Section 40. Filing Date Requirements. –

40.1. The filing date of a patent application shall be the date of receipt by the Office of at least the following
elements:

a. An express or implicit indication that a Philippine patent is sought;

b. Information identifying the applicant; and

c. Description of the invention and one (1) or more claims in Filipino or English.

40.2. If any of these elements is not submitted within the period set by the Regulations, the application shall be
considered withdrawn. (n)

Section 41. According a Filing Date. – The Office shall examine whether the patent application satisfies the
requirements for the grant of date of filing as provided in Section 40 hereof. If the date of filing cannot be accorded,
the applicant shall be given an opportunity to correct the deficiencies in accordance with the implementing
Regulations. If the application does not contain all the elements indicated in Section 40, the filing date should be that
date when all the elements are received. If the deficiencies are not remedied within the prescribed time limit, the
application shall be considered withdrawn. (n)

Section 42. Formality Examination. –

42.1. After the patent application has been accorded a filing date and the required fees have been paid on time in
accordance with the Regulations, the applicant shall comply with the formal requirements specified by Section
32 and the Regulations within the prescribed period, otherwise the application shall be considered withdrawn.

42.2. The Regulations shall determine the procedure for the re-examination and revival of an application as well
as the appeal to the Director of Patents from any final action by the examiner. (Sec. 16, R.A. No. 165a)

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Section 43. Classification and Search. – An application that has complied with the formal requirements shall be
classified and a search conducted to determine the prior art. (n)

Section 44. Publication of Patent Application. –

44.1. The patent application shall be published in the IPO Gazette together with a search document established
by or on behalf of the Office citing any documents that reflect prior art, after the expiration of eighteen (18)
months from the filing date or priority date.

44.2. After publication of a patent application, any interested party may inspect the application documents filed
with the Office.

44.3. The Director General, subject to the approval of the Secretary of Trade and Industry, may prohibit or
restrict the publication of an application, if in his opinion, to do so would be prejudicial to the national security
and interests of the Republic of the Philippines. (n)

Section 45. Confidentiality Before Publication. – A patent application, which has not yet been published, and all
related documents, shall not be made available for inspection without the consent of the applicant. (n)

Section 46. Rights Conferred by a Patent Application After Publication. – The applicant shall have all the rights of a
patentee under Section 76 against any person who, without his authorization, exercised any of the rights conferred
under Section 71 of this Act in relation to the invention claimed in the published patent application, as if a patent had
been granted for that invention: Provided, That the said person had:

46.1. Actual knowledge that the invention that he was using was the subject matter of a published application; or

46.2. Received written notice that the invention that he was using was the subject matter of a published
application being identified in the said notice by its serial number: Provided, That the action may not be filed
until after the grant of a patent on the published application and within four (4) years from the commission of the
acts complained of. (n)

Section 47. Observation by Third Parties. – Following the publication of the patent application, any person may
present observations in writing concerning the patentability of the invention. Such observations shall be
communicated to the applicant who may comment on them. The Office shall acknowledge and put such
observations and comment in the file of the application to which it relates. (n)

Section 48. Request for Substantive Examination. –

48.1. The application shall be deemed withdrawn unless within six (6) months from the date of publication under
Section 41, a written request to determine whether a patent application meets the requirements of Sections 21 to
27 and Sections 32 to 39 and the fees have been paid on time.

48.2. Withdrawal of the request for examination shall be irrevocable and shall not authorize the refund of any
fee. (n)

Section 49. Amendment of Application. – An applicant may amend the patent application during
examination:Provided, That such amendment shall not include new matter outside the scope of the disclosure
contained in the application as filed. (n)

Section 50. Grant of Patent. –

50.1. If the application meets the requirements of this Act, the Office shall grant the patent: Provided, That all the
fees are paid on time.

50.2. If the required fees for grant and printing are not paid in due time, the application shall be deemed to be
withdrawn.

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50.3. A patent shall take effect on the date of the publication of the grant of the patent in the IPO Gazette. (Sec.
18, R.A. No. 165a)

Section 51. Refusal of the Application. –

51.1. The final order of refusal of the examiner to grant the patent shall be appealable to the Director in
accordance with this Act.

51.2. The Regulations shall provide for the procedure by which an appeal from the order of refusal from the
Director shall be undertaken. (n)

Section 52. Publication Upon Grant of Patent. –

52.1. The grant of the patent together with other related information shall be published in the IPO Gazette within
the time prescribed by the Regulations.

52.2. Any interested party may inspect the complete description, claims, and drawings of the patent on file with
the Office. (Sec. 18, R.A. No. 165a)

Section 53. Contents of Patent. – The patent shall be issued in the name of the Republic of the Philippines under the
seal of the Office and shall be signed by the Director, and registered together with the description, claims, and
drawings, if any, in books and records of the Office. (Secs. 19 and 20, R.A. No. 165a)

Section 54. Term of Patent. – The term of a patent shall be twenty (20) years from the filing date of the application.
(Sec. 21, R.A. No. 165a)

Section 55. Annual Fees. –

55.1. To maintain the patent application or patent, an annual fee shall be paid upon the expiration of four (4)
years from the date the application was published pursuant to Section 44 hereof, and on each subsequent
anniversary of such date. Payment may be made within three (3) months before the due date. The obligation to
pay the annual fees shall terminate should the application be withdrawn, refused, or cancelled.

55.2. If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent considered as
lapsed from the day following the expiration of the period within which the annual fees were due. A notice that
the application is deemed withdrawn or the lapse of a patent for non-payment of any annual fee shall be
published in the IPO Gazette and the lapse shall be recorded in the Register of the Office.

55.3. A grace period of six (6) months shall be granted for the payment of the annual fee, upon payment of the
prescribed surcharge for delayed payment. (Sec. 22, R.A. No. 165a)

Section 56. Surrender of Patent. –

56.1. The owner of the patent, with the consent of all persons having grants or licenses or other right, title or
interest in and to the patent and the invention covered thereby, which have been recorded in the Office, may
surrender his patent or any claim or claims forming part thereof to the Office for cancellation.

56.2. A person may give notice to the Office of his opposition to the surrender of a patent under this section, and
if he does so, the Bureau shall notify the proprietor of the patent and determine the question.

56.3. If the Office is satisfied that the patent may properly be surrendered, he may accept the offer and, as from
the day when notice of his acceptance is published in the IPO Gazette, the patent shall cease to have effect, but
no action for infringement shall lie and no right compensation shall accrue for any use of the patented invention
before that day for the services of the government. (Sec. 24, R.A. No. 165a)

Section 57. Correction of Mistakes of the Office. – The Director shall have the power to correct, without fee, any

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mistake in a patent incurred through the fault of the Office when clearly disclosed in the records thereof, to make the
patent conform to the records. (Sec. 25, R.A. No. 165)

Section 58. Correction of Mistake in the Application. – On request of any interested person and payment of the
prescribed fee, the Director is authorized to correct any mistake in a patent of a formal and clerical nature, not
incurred through the fault of the Office. (Sec. 26, R.A. No. 165a)

Section 59. Changes in Patents. –

59.1. The owner of a patent shall have the right to request the Bureau to make the changes in the patent in order
to:

a. Limit the extent of the protection conferred by it;

b. Correct obvious mistakes or to correct clerical errors; and

c. Correct mistakes or errors, other than those referred to in letter (b), made in good faith: Provided, That
where the change would result in a broadening of the extent of protection conferred by the patent, no request
may be made after the expiration of two (2) years from the grant of a patent and the change shall not affect
the rights of any third party which has relied on the patent, as published.

59.2. No change in the patent shall be permitted under this section, where the change would result in the
disclosure contained in the patent going beyond the disclosure contained in the application filed.

59.3. If, and to the extent to which the Office changes the patent according to this section, it shall publish the
same. (n)

Section 60. Form and Publication of Amendment. – An amendment or correction of a patent shall be accomplished
by a certificate of such amendment or correction, authenticated by the seal of the Office and signed by the Director,
which certificate shall be attached to the patent. Notice of such amendment or correction shall be published in the
IPO Gazette and copies of the patent kept or furnished by the Office shall include a copy of the certificate of
amendment or correction. (Sec. 27, R.A. 165)

CHAPTER VI
CANCELLATION OF PATENTS AND SUBSTITUTION OF PATENTEE

Section 61. Cancellation of Patents. –

61.1. Any interested person may, upon payment of the required fee, petition to cancel the patent or any claim
thereof, or parts of the claim, on any of the following grounds:

a. That what is claimed as the invention is not new or patentable;

b. That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be
carried out by any person skilled in the art; or

c. That the patent is contrary to the public order or morality.

61.2. Where the grounds for cancellation relate to some of the claims or parts of the claim, cancellation may be
effected to such extent only. (Sec. 28, and 29, R.A. No. 165a)

Section 62. Requirement of the Petition. – The petition for cancellation shall be in writing, verified by the petitioner
or by any person in his behalf who knows the facts, specify the grounds upon which it is based, include a statement
of the facts to be relied upon, and filed with the Office. Copies of printed publications or of patents of other
countries, and other supporting documents mentioned in the petition shall be attached thereto, together with the
translation thereof in English, if not in the English language. (Sec. 30, R.A. No. 165)

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Section 63. Notice of Hearing. – Upon filing of a petition for cancellation, the Director of Legal Affairs shall
forthwith serve notice of the filing thereof upon the patentee and all persons having grants or licenses, or any other
right, title or interest in and to the patent and the invention covered thereby, as appears of record in the Office, and of
notice of the date of hearing thereon on such persons and the petitioner. Notice of the filing of the petition shall be
published in the IPO Gazette. (Sec. 31, R.A. No. 165a)

Section 64. Committee of Three. – In cases involving highly technical issues, on motion of any party, the Director of
Legal Affairs may order that the petition be heard and decided by a committee composed of the Director of Legal
Affairs as chairman and two (2) members who have the experience or expertise in the field of technology to which
the patent sought to be cancelled relates. The decision of the committee shall be appealable to the Director General.
(n)

Section 65. Cancellation of the Patent. –

65.1. If the Committee finds that a case for cancellation has been proved, it shall order the patent or any specified
claim or claims thereof cancelled.

65.2. If the Committee finds that, taking into consideration the amendment made by the patentee during the
cancellation proceedings, the patent and the invention to which it relates meet the requirement of this Act, it may
decide to maintain the patent as amended: Provided, That the fee for printing of a new patent is paid within the
time limit prescribed in the Regulations.

65.3. If the fee for the printing of a new patent is not paid in due time, the patent should be revoked.

65.4. If the patent is amended under Subsection 65.2 hereof, the Bureau shall, at the same time as it publishes the
mention of the cancellation decision, publish the abstract, representative claims and drawings indicating clearly
what the amendments consist of. (n)

Section 66. Effect of Cancellation of Patent or Claim. – The rights conferred by the patent or any specified claim or
claims cancelled shall terminate. Notice of the cancellation shall be published in the IPO Gazette. Unless restrained
by the Director General, the decision or order to cancel by Director of Legal Affairs shall be immediately executory
even pending appeal. (Sec. 32, R.A. No. 165a)

CHAPTER VII
REMEDIES OF A PERSON WITH A RIGHT TO A PATENT

Section 67. Patent Application by Persons Not Having the Right to a Patent. –

67.1. If a person referred to in Section 29 other than the applicant is declared by final court order or decision as
having the right to the patent, such person may, within three (3) months after the decision has become final:

a. Prosecute the application as his own application in place of the applicant;

b. File a new patent application in respect of the same invention;

c. Request that the application be refused; or

d. Seek cancellation of the patent, if one has already been issued.

67.2. The provisions of Subsection 38.2 shall apply mutatis mutandis to a new application filed under Subsection
67.1(b). (n)

Section 68. Remedies of the True and Actual Inventor. – If a person, who was deprived of the patent without his
consent or through fraud is declared by final court order or decision to be the true and actual inventor, the court shall
order for his substitution as patentee, or at the option of the true inventor, cancel the patent, and award actual and
other damages in his favor if warranted by the circumstances. (Sec. 33, R.A. No. 165a)

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Section 69. Publication of the Court Order. – The court shall furnish the Office a copy of the order or decision
referred to in Sections 67 and 68, which shall be published in the IPO Gazette within three (3) months from the date
such order or decision became final and executory, and shall be recorded in the register of the Office. (n)

Section 70. Time to File Action in Court. – The actions indicated in Sections 67 and 68 shall be filed within one (1)
year from the date of publication made in accordance with Sections 44 and 51, respectively. (n)

CHAPTER VIII
RIGHTS OF PATENTEES AND INFRINGEMENT OF PATENTS

Section 71. Rights Conferred by Patent. –

71.1. A patent shall confer on its owner the following exclusive rights:

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

b. Where the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person
or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or
importing any product obtained directly or indirectly from such process.

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

Section 72. Limitations of Patent Rights.— The owner of a patent has no right to prevent third parties from
performing, without his authorization, the acts referred to in Section 71 hereof in the following circumstances:

72.1. Using a patented product which has been put on the market in the Philippines by the owner of the product,
or with his express consent, insofar as such use is performed after that product has been so put on the said
market:Provided, That, with regard to drugs and medicines, the limitation on patent rights shall apply after a drug
or medicine has been introduced in the Philippines or anywhere else in the world by the patent owner, or by any
party authorized to use the invention: Provided, further, That the right to import the drugs and medicines
contemplated in this section shall be available to any government agency or any private third party;

72.2. Where the act is done privately and on a non-commercial scale or for a non-commercial purpose:
Provided,That it does not significantly prejudice the economic interests of the owner of the patent;

72.3. Where the act consists of making or using exclusively for experimental use of the invention for scientific
purposes or educational purposes and such other activities directly related to such scientific or educational
experimental use;

72.4. In the case of drugs and medicines, where the act includes testing, using, making or selling the invention
including any data related thereto, solely for purposes reasonably related to the development and submission of
information and issuance of approvals by government regulatory agencies required under any law of the
Philippines or of another country that regulates the manufacture, construction, use or sale of any
product:Provided, That, in order to protect the data submitted by the original patent holder from unfair
commercial use provided in Article 39.3 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement), the Intellectual Property Office, in consultation with the appropriate government
agencies, shall issue the appropriate rules and regulations necessary therein not later than one hundred twenty
(120) days after the enactment of this law;

72.5. Where the act consists of the preparation for individual cases, in a pharmacy or by a medical professional,
of a medicine in accordance with a medical presciption or acts concerning the medicine so prepared; and

72.6. Where the invention is used in any ship, vessel, aircraft, or land vehicle of any other country entering the
territory of the Philippines temporarily or accidentally": Provided, That such invention is used exclusively for
the needs of the ship, vessel, aircraft, or land vehicle and not used for the manufacturing of anything to be sold

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within the Philippines. (Secs. 38 and 39, R.A. No. 165a) [§7-RA9502[2008].aws] 6

Section 73. Prior User. –

73.1. Notwithstanding Section 72 hereof, any prior user, who, in good faith was using the invention or has
undertaken serious preparations to use the invention in his enterprise or business, before the filing date or
priority date of the application on which a patent is granted, shall have the right to continue the use thereof as
envisaged in such preparations within the territory where the patent produces its effect.

73.2. The right of the prior user may only be transferred or assigned together with his enterprise or business, or
with that part of his enterprise or business in which the use or preparations for use have been made. (Sec. 40,
R.A. No. 165a)

Section 74. Use of Invention by Government. –

74.1. A Government agency or third person authorized by the Government may exploit the invention even
without agreement of the patent owner where:

(a) The public interest, in particular, national security, nutrition, health or the development of other sectors, as
determined by the appropriate agency of the government, so requires; or

(b) A judicial or administrative body has determined that the manner of exploitation, by the owner of the
patent or his licensee, is anti-competitive; or

(c) In the case of drugs and medicines, there is a national emergenvy or other circumstance of extreme
urgency requiring the use of the invention; or

(d) In the case of drugs and medicines, there is public non-commercial use of the patent by the patentee,
without satisfactory reason; or

(e) In the case of drugs and medicines, the demand for the patented article in the Philippines is not being met
to an adequate extent and on reasonable terms, as determined by the Secretary of the Department of Health.

74.2. Unless otherwise provided herein, the use by the Government, or third person authorized by the
Government shall be subject, where applicable, to the following provisions:

(a) In situations of national emergency or other circumstances of extreme urgency as provided under Section
74.1 (c), the right holder shall be notified as soon as reasonably practicable;

(b) In the case of public non-commercial use of the patent by the patentee, without satisfactory reason, as
provided under Section 74.1 (d), the right holder shall be informed promptly: Provided, That, the
Government or third person authorized by the Government, without making a patent search, knows or has
demonstrable ground to know that a valid patent is or will be used by or for the Government;

(c) If the demand for the patented article in the Philippines is not being met to an adequate extent ad on
reasonable terms as provided under Section 74.1 (e), the right holder shall be informed promptly;

(d) The scope and duration of such use shall be limited to the purpose for which it was authorized;

(e) Such use shall be non-exclusive;

(f) The right holder shall be paid adequate remuneration in the circumstances of each case, taking into
account the economic value of the authorization; and

(g) The existence of a national emergency or other circumstances of extreme urgency, referred to under
Section 74.1 (c), shall be subject to the determination of the President of the Philippines for the purpose of
determining the need for such use or other exploitation, which shall be immediately executory.

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74.3. All cases arising from the implementation of this provision shall be cognizable by courts with appropriate
jurisdiction provided by law.

No court, except the Supreme Court of the Philippines, shall issue any temporary restraining order or preliminary
injunction or such other provisional remedies that will prevent its immediate execution.

74.4. The Intellectual Property Office (IPO), in consultation with the appropriate government agencies, shall
issue the appropriate implementing rules and regulations for the use or exploitation of patented inventions as
contemplated in this section within one hundred twenty (120) days after the effectivity of this law. [§8-
RA9502[2008].aws] 7

Section 75. Extent of Protection and Interpretation of Claims. –

75.1. The extent of protection conferred by the patent shall be determined by the claims, which are to be
interpreted in the light of the description and drawings.

75.2. For the purpose of determining the extent of protection conferred by the patent, due account shall be taken
of elements which are equivalent to the elements expressed in the claims, so that a claim shall be considered to
cover not only all the elements as expressed therein, but also equivalents. (n)

Section 76. Civil Action for Infringement. –

76.1. The making, using, offering for sale, selling, or importing a patented product or a product obtained directly
or indirectly from a patented process, or the use of a patented process without the authorization of the patentee
constitutes patent infringement: Provided, That, this shall not apply to instances covered by Sections 72.1 and
72.4 (Limitations of Patent Rights); Section 74 (Use of Invention by Government); Section 93.6 (Compulsory
Licensing); and Section 93-A (Procedures on Issuance of a Special Compulsory License under the TRIPS
Agreement) of this Code. [§9-RA9502[2008].awss] 8

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

76.3. If the damages are inadequate or cannot be readily ascertained with reasonable certainty, the court may
award by way of damages a sum equivalent to reasonable royalty.

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

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

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

Section 77. Infringement Action by a Foreign National. – Any foreign national or juridical entity who meets the
requirements of Section 3 and not engaged in business in the Philippines, to which a patent has been granted or
assigned under this Act, may bring an action for infringement of patent, whether or not it is licensed to do business
in the Philippines under existing law. (Sec. 41-A, R.A. No. 165a)

Section 78. Process Patents; Burden of Proof. – If the subject matter of a patent is a process for obtaining a product,
any identical product shall be presumed to have been obtained through the use of the patented process if the product

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is new or there is substantial likelihood that the identical product was made by the process and the owner of the
patent has been unable despite reasonable efforts, to determine the process actually used. In ordering the defendant
to prove that the process to obtain the identical product is different from the patented process, the court shall adopt
measures to protect, as far as practicable, his manufacturing and business secrets. (n)

Section 79. Limitation of Action for Damages. – No damages can be recovered for acts of infringement committed
more than four (4) years before the institution of the action for infringement. (Sec. 43, R.A. No. 165)

Section 80. Damages; Requirement of Notice. – Damages cannot be recovered for acts of infringement committed
before the infringer had known, or had reasonable grounds to know of the patent. It is presumed that the infringer
had known of the patent if on the patented product, or on the container or package in which the article is supplied to
the public, or on the advertising material relating to the patented product or process, are placed the words
"Philippine Patent" with the number of the patent. (Sec. 44, R.A. No. 165a)

Section 81. Defenses in Action for Infringement. – In an action for infringement, the defendant, in addition to other
defenses available to him, may show the invalidity of the patent, or any claim thereof, on any of the grounds on
which a petition of cancellation can be brought under Section 61 hereof. (Sec. 45, R.A. No. 165)

Section 82. Patent Found Invalid May be Cancelled. – In an action for infringement, if the court shall find the patent
or any claim to be invalid, it shall cancel the same, and the Director of Legal Affairs upon receipt of the final
judgment of cancellation by the court, shall record that fact in the register of the Office and shall publish a notice to
that effect in the IPO Gazette. (Sec. 46, R.A. No. 165a)

Section 83. Assessor in Infringement Action. –

83.1. Two (2) or more assessors may be appointed by the court. The assessors shall be possessed of the necessary
scientific and technical knowledge required by the subject matter in litigation. Either party may challenge the
fitness of any assessor proposed for appointment.

83.2. Each assessor shall receive a compensation in an amount to be fixed by the court and advanced by the
complaining party, which shall be awarded as part of his costs should he prevail in the action. (Sec. 47, R.A. No.
165a)

Section 84. Criminal Action for Repetition of Infringement. – If infringement is repeated by the infringer or by
anyone in connivance with him after finality of the judgment of the court against the infringer, the offenders shall,
without prejudice to the institution of a civil action for damages, be criminally liable therefore and, upon conviction,
shall suffer imprisonment for the period of not less than six (6) months but not more than three (3) years and/or a
fine of not less than One hundred thousand pesos (P100,000) but not more than Three hundred thousand pesos
(P300,000), at the discretion of the court. The criminal action herein provided shall prescribe in three (3) years from
the date of the commission of the crime. (Sec. 48, R.A. No. 165a)

CHAPTER IX
VOLUNTARY LICENSING

Section 85. Voluntary License Contract. – To encourage the transfer and dissemination of technology, prevent or
control practices and conditions that may in particular cases constitute an abuse of intellectual property rights having
an adverse effect on competition and trade, all technology transfer arrangements shall comply with the provisions of
this Chapter. (n)

Section 86. Jurisdiction to Settle Disputes on Royalties. – The Director of the Documentation, Information and
Technology Transfer Bureau shall exercise quasi-judicial jurisdiction in the settlement of disputes between parties to
a technology transfer arrangement arising from technology transfer payments, including the fixing of appropriate
amount or rate of royalty. (n)

Section 87. Prohibited Clauses. – Except in cases under Section 91, the following provisions shall be deemed prima
facie to have an adverse effect on competition and trade:

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87.1. Those which impose upon the licensee the obligation to acquire from a specific source capital goods,
intermediate products, raw materials, and other technologies, or of permanently employing personnel indicated
by the licensor;

87.2. Those pursuant to which the licensor reserves the right to fix the sale or resale prices of the products
manufactured on the basis of the license;

87.3. Those that contain restrictions regarding the volume and structure of production;

87.4. Those that prohibit the use of competitive technologies in a non-exclusive technology transfer agreement;

87.5. Those that establish a full or partial purchase option in favor of the licensor;

87.6. Those that obligate the licensee to transfer for free to the licensor the inventions or improvements that may
be obtained through the use of the licensed technology;

87.7. Those that require payment of royalties to the owners of patents for patents which are not used;

87.8. Those that prohibit the licensee to export the licensed product unless justified for the protection of the
legitimate interest of the licensor such as exports to countries where exclusive licenses to manufacture and/or
distribute the licensed product(s) have already been granted;

87.9. Those which restrict the use of the technology supplied after the expiration of the technology transfer
arrangement, except in cases of early termination of the technology transfer arrangement due to reason(s)
attributable to the licensee;

87.10. Those which require payments for patents and other industrial property rights after their expiration,
termination arrangement;

87.11. Those which require that the technology recipient shall not contest the validity of any of the patents of the
technology supplier;

87.12. Those which restrict the research and development activities of the licensee designed to absorb and adapt
the transferred technology to local conditions or to initiate research and development programs in connection
with new products, processes or equipment;

87.13. Those which prevent the licensee from adapting the imported technology to local conditions, or
introducing innovation to it, as long as it does not impair the quality standards prescribed by the licensor;

87.14. Those which exempt the licensor for liability for non-fulfillment of his responsibilities under the
technology transfer arrangement and/or liability arising from third party suits brought about by the use of the
licensed product or the licensed technology; and

87.15. Other clauses with equivalent effects. (Sec. 33-C (2), R.A. 165a)

Section 88. Mandatory Provisions. – The following provisions shall be included in voluntary license contracts:

88.1. That the laws of the Philippines shall govern the interpretation of the same and in the event of litigation, the
venue shall be the proper court in the place where the licensee has its principal office;

88.2. Continued access to improvements in techniques and processes related to the technology shall be made
available during the period of the technology transfer arrangement;

88.3. In the event the technology transfer arrangement shall provide for arbitration, the Procedure of Arbitration
of the Arbitration Law of the Philippines or the Arbitration Rules of the United Nations Commission on
International Trade Law (UNCITRAL) or the Rules of Conciliation and Arbitration of the International Chamber
of Commerce (ICC) shall apply and the venue of arbitration shall be the Philippines or any neutral country; and

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88.4. The Philippine taxes on all payments relating to the technology transfer arrangement shall be borne by the
licensor. (n)

Section 89. Rights of Licensor. – In the absence of any provision to the contrary in the technology transfer
arrangement, the grant of a license shall not prevent the licensor from granting further licenses to third person nor
from exploiting the subject matter of the technology transfer arrangement himself. (Sec. 33- B, R.A. 165a)

Section 90. Rights of Licensee. – The licensee shall be entitled to exploit the subject matter of the technology
transfer arrangement during the whole term of the technology transfer arrangement. (Sec. 33-C (1), R.A. 165a)

Section 91. Exceptional Cases. – In exceptional or meritorious cases where substantial benefits will accrue to the
economy, such as high technology content, increase in foreign exchange earnings, employment generation, regional
dispersal of industries and/or substitution with or use of local raw materials, or in the case of Board of Investments,
registered companies with pioneer status, exemption from any of the above requirements may be allowed by the
Documentation, Information and Technology Transfer Bureau after evaluation thereof on a case by case basis. (n)

Section 92. Non-Registration with the Documentation, Information and Technology Transfer Bureau. – Technology
transfer arrangements that conform with the provisions of Sections 86 and 87 need not be registered with the
Documentation, Information and Technology Transfer Bureau. Non-conformance with any of the provisions of
Sections 87 and 88, however, shall automatically render the technology transfer arrangement unenforceable, unless
said technology transfer arrangement is approved and registered with the Documentation, Information and
Technology Transfer Bureau under the provisions of Section 91 on exceptional cases. (n)

CHAPTER X
COMPULSORY LICENSING

Section 93. Grounds for Compulsory Licensing. – The Director General of the Intellectual Property Office may
grant a license to exploit a patented invention, even without the agreement of the patent owner, in favor of any
person who has shown his capability to exploit the invention, under any of the following circumstances:

93.1. National emergency or other circumstances of extreme urgency;

93.2. Where the public interest, in particular, national security, nutrition, health or the development of other vital
sectors of the national economy as determined by the appropriate agency of the Government, so requires; or

93.3. Where a judicial or administrative body has determined that the manner of exploitation by the owner of the
patent or his licensee is anti-competitive; or

93.4. In case of public non-commercial use of the patent by the patentee, without satisfactory reason;

93.5. If the patented invention is not being worked in the Philippines on a commercial scale, although capable of
being worked, without satisfactory reason: Provided, That the importation of the patented article shall constitute
working or using the patent; (Secs. 34, 34-A, 34-B, R.A. No. 165a) and

93.6. Where the demand for patented drugs and medicines is not being met to an adequate extent and on
reasonable terms, as determined by the Secretary of the Department of Health. [§10-RA9502[2008].aws] 9

Section 93-A. Procedures on Issuance of a Special Compulsory License under the TRIPS Agreement. —

93-A.1. The Director General of the Intellectual Property Office, upon the written recommendation of the
Secretary of the Department of Health, shall, upon filing of a petition, grant a special compulsory license for the
importation of patented drugs and medicines. The special compulsory license for the importation contemplated
under this provision shall be an additional special alternative procedure to ensure access to quality affordable
medicines and shall be primarily for domestic consumption: Provided, That adequate remuneration shall be paid
to the patent owner either by the exporting or importing country. The compulsory license shall also contain a
provision directing the grantee the license to exercise reasonable measures to prevent the re-exportation of the

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products imported under this provision.

The grant of a special compulsory license under this provision shall be an exception to Sections 100.4 and 100.6
of Republic Act No. 8293 and shall be immediately executory.

No court, except the Supreme Court of the Philippines, shall issue any temporary restraining order or preliminary
injunction or such other provisional remedies that will prevent the grant of the special compulsory license.

93-A.2. A compulsory license shall also be available for the manufacture and export of drugs and medicines to
any country having insufficient or no manufacturing capacity in the pharmaceutical sector to address public
health problems: Provided, That, a compulsory license has been granted by such country or such country has, by
notification or otherwise, allowed importation into its jurisdiction of the patented drugs and medicines from the
Philippines in compliance with the TRIPS Agreement.

93-A.3. The right to grant a special compulsory license under this section shall not limit or prejudice the rights,
obligations and flexibilities provided under the TRIPS Agreement and under Philippine laws, particularly
Section 72.1 and Section 74 of the Intellectual Property Code, as amended under this Act. It is also without
prejudice to the extent to which drugs and medicines produced under a compulsory license can be exported as
allowed in the TRIPS Agreement and applicable laws. [§11-RA9502[2008].adws] 10

Section 94. Period for Filing a Petition for a Compulsory License. –

94.1. A compulsory license may not be applied for on the ground stated in Subsection 93.5 before the expiration
of a period of four (4) years from the date of filing of the application or three (3) years from the date of the
patent whichever period expires last.

94.2. A compulsory license which is applied for on any of the grounds stated in Subsections 93.2, 93.3, 93.4, and
93.6 and Section 97 may be applied for at any time after the grant of the patent. (Sec. 34(1), R.A. No. 165) [§12-
RA9502[2008].aws] 11

Section 95. Requirement to Obtain a License on Reasonable Commercial Terms. –

95.1. The license will only be granted after the petitioner has made efforts to obtain authorization from the patent
owner on reasonable commercial terms and conditions but such efforts have not been successful within a
reasonable period of time.

95.2. The requirement under Subsection 95.1 shall not apply in any of the following cases:

(a) Where the petition for compulsory license seeks to remedy a practice determined after judicial or
administrative process to be anti-competitive;

(b) In situations of national emergency or other circumstances of extreme urgency;

(c) In cases of public non-commercial use; and

(d) In cases where the demand for the patented drugs and medicines in the Philippines is not being met to an
adequate extent and on reasonable terms, as determined by the Secretary of the Department of Health.

95.3. In situations of national emergency or other circumstances of extreme urgency, the right holder shall be
notified as soon as reasonably practicable.

95.4. In the case of public non-commercial use, where the government or contractor, without making a patent
search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly. (n)

95.5. Where the demand for the patented drugs and medicines in the Philippines is not being met to an adequate
extent and on reasonable terms, as determined by the Secretary of the Department of Health, the right holder

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shall be informed promptly. [§13-RA9502[2008].aws] 12

Section 96. Compulsory Licensing of Patents Involving Semi- Conductor Technology. – In the case of compulsory
licensing of patents involving semi-conductor technology, the license may only be granted in case of public non-
commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive.
(n)

Section 97. Compulsory License Based on Interdependence of Patents. – If the invention protected by a patent,
hereafter referred to as the "second patent", within the country cannot be worked without infringing another patent,
hereafter referred to as the "first patent", granted on a prior application or benefiting from an earlier priority, a
compulsory license may be granted to the owner of the second patent to the extent necessary for the working of his
invention, subject to the following conditions:

97.1. The invention claimed in the second patent involves an important technical advance of considerable
economic significance in relation to the first patent;

97.2. The owner of the first patent shall be entitled to a cross-license on reasonable terms to use the invention
claimed in the second patent;

97.3. The use authorized in respect of the first patent shall be non-assignable except with the assignment of the
second patent; and

97.4. The terms and conditions of Sections 95, 96 and 98 to 100 of this Act. (Sec. 34-C, R.A. No. 165a)

Section 98. Form and Contents of Petition. – The petition for compulsory licensing must be in writing, verified by
the petitioner and accompanied by payment of the required filing fee. It shall contain the name and address of the
petitioner as well as those of the respondents, the number and date of issue of the patent in connection with which
compulsory license is sought, the name of the patentee, the title of the invention, the statutory grounds upon which
compulsory license is sought, the ultimate facts constituting the petitioner's cause of action, and the relief prayed for.
(Sec. 34-D, R.A. No. 165)

Section 99. Notice of Hearing. –

99.1. Upon filing of a petition, the Director of Legal Affairs shall forthwith serve notice of the filing thereof
upon the patent owner and all persons having grants or licenses, or any other right, title or interest in and to the
patent and invention covered thereby as appears of record in the Office, and of notice of the date of hearing
thereon, on such persons and petitioner. The resident agent or representative appointed in accordance with
Section 33 hereof, shall be bound to accept service of notice of the filing of the petition within the meaning of
this Section.

99.2. In every case, the notice shall be published by the said Office in a newspaper of general circulation, once a
week for three (3) consecutive weeks and once in the IPO Gazette at applicant's expense. (Sec. 34-E, R.A. No.
165)

Section 100. Terms and Conditions of Compulsory License. – The basic terms and conditions including the rate of
royalties of a compulsory license shall be fixed by the Director of Legal Affairs subject to the following conditions:

100.1. The scope and duration of such license shall be limited to the purpose for which it was authorized;

100.2. The license shall be non-exclusive;

100.3. The license shall be non-assignable, except with that part of the enterprise or business with which the
invention is being exploited;

100.4. Use of the subject matter of the license shall be devoted predominantly for the supply of the Philippine
market; Provided, that this limitation shall not apply where the grant of the license is based on the ground that
the patentee's manner of exploiting the patent is determined by judicial or administrative process, to be anti-

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competitive.

100.5. The license may be determined upon proper showing that circumstances which led to its grant have
ceased to exist and are unlikely to recur; Provided, That adequate protection shall be afforded to the legitimate
interest of the licensee; and

100.6. The patentee shall be paid adequate remuneration taking into account the economic value of the grant or
authorization, except that in cases where the license was granted to remedy a practice which was determined
after judicial or administrative process, to be anti-competitive, the need to correct the anti-competitive practice
may be taken into account in fixing the amount of remuneration. (Sec. 35-B, R.A. No. 165a)

Section 101. Amendment, Cancellation, Surrender of Compulsory License. –

101.1. Upon the request of the patentee or the licensee, the Director of Legal Affairs may amend the decision
granting the compulsory license, upon proper showing of new facts or circumstances justifying such amendment.

101.2. Upon the request of the patentee, the said Director may cancel the compulsory license:

a. If the ground for the grant of the compulsory license no longer exists and is unlikely to recur;

b. If the licensee has neither begun to supply the domestic market nor made serious preparation therefore;

c. If the licensee has not complied with the prescribed terms of the license;
101.3. The licensee may surrender the license by a written declaration submitted to the Office.

101.4. The said Director shall cause the amendment, surrender, or cancellation in the Register, notify the
patentee, and/or the licensee, and cause notice thereof to be published in the IPO Gazette. (Sec. 35-D, R.A. No.
165a)

Section 102. Licensee's Exemption from Liability. – Any person who works a patented product, substance and/or
process under a license granted under this Chapter, shall be free from any liability for infringement: Provided,
however, That in the case of voluntary licensing, no collusion with the licensor is proven. This is without prejudice
to the right of the rightful owner of the patent to recover from the licensor whatever he may have received as
royalties under the license. (Sec. 35-E, R.A. No. 165a)

CHAPTER XI
ASSIGNMENT AND TRANSMISSION OF RIGHTS

Section 103. Transmission of Rights. –

103.1. Patents or applications for patents and invention to which they relate, shall be protected in the same way
as the rights of other property under the Civil Code.

103.2. Inventions and any right, title or interest in and to patents and inventions covered thereby, may be
assigned or transmitted by inheritance or bequest or may be the subject of a license contract. (Sec. 50, R.A. No.
165a)

Section 104. Assignment of Inventions. – An assignment may be of the entire right, title or interest in and to the
patent and the invention covered thereby, or of an undivided share of the entire patent and invention, in which event
the parties become joint owners thereof. An assignment may be limited to a specified territory. (Sec. 51, R.A. No.
165)

Section 105. Form of Assignment. – The assignment must be in writing, acknowledged before a notary public or
other officer authorized to administer oath or perform notarial acts, and certified under the hand and official seal of
the notary or such other officer. (Sec. 52, R.A. No. 165)

Section 106. Recording. –

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106.1. The Office shall record assignments, licenses and other instruments relating to the transmission of any
right, title or interest in and to inventions, and patents or application for patents or inventions to which they
relate, which are presented in due form to the Office for registration, in books and records kept for the purpose.
The original documents together with a signed duplicate thereof shall be filed, and the contents thereof should be
kept confidential. If the original is not available, an authenticated copy thereof in duplicate may be filed. Upon
recording, the Office shall retain the duplicate, return the original or the authenticated copy to the party who filed
the same and notice of the recording shall be published in the IPO Gazette.

106.2. Such instruments shall be void as against any subsequent purchaser or mortgagee for valuable
consideration and without notice, unless, it is so recorded in the Office, within three (3) months from the date of
said instrument, or prior to the subsequent purchase or mortgage. (Sec. 53, R.A. No. 165a)

Section 107. Rights of Joint Owners. – If two (2) or more persons jointly own a patent and the invention covered
thereby, either by the issuance of the patent in their joint favor or by reason of the assignment of an undivided share
in the patent and invention or by reason of the succession in title to such share, each of the joint owners shall be
entitled to personally make, use, sell, or import the invention for his own profit: Provided, however, That neither of
the joint owners shall be entitled to grant licenses or to assign his right, title or interest or part thereof without the
consent of the other owner or owners, or without proportionally dividing the proceeds with such other owner or
owners. (Sec. 54, R.A. No. 165)

CHAPTER XII
REGISTRATION OF UTILITY MODELS

Section 108. Applicability of Provisions Relating to Patents. –

108.1. Subject to Section 109, the provisions governing patents shall apply, mutatis mutandis, to the registration
of utility models.

108.2. Where the right to a patent conflicts with the right to a utility model registration in the case referred to in
Section 29, the said provision shall apply as if the word "patent" were replaced by the words "patent or utility
model registration." (Sec. 55, R.A. No. 165a)

Section 109. Special Provisions Relating to Utility Models. –

109.1.

(a) An invention qualifies for registration as a utility model if it is new and industrially applicable.

(b) Section 21, "Patentable Inventions," shall apply except the reference to inventive step as a condition of
protection.

109.2. Sections 43 to 49 shall not apply in the case of applications for registration of a utility model.

109.3. A utility model registration shall expire, without any possibility of renewal, at the end of the seventh year
after the date of the filing of the application.

109.4. In proceedings under Sections 61 to 64, the utility model registration shall be cancelled on the following
grounds:

a. That the claimed invention does not qualify for registration as a utility model and does not meet the
requirements of registrability, in particular having regard to Subsection 109.1 and Sections 22, 23, 24 and 27;

b. That the description and the claims do not comply with the prescribed requirements;

c. That any drawing which is necessary for the understanding of the invention has not been furnished;

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d. That the owner of the utility model registration is not the inventor or his successor in title. (Secs. 55, 56,
and 57, R.A. No. 165a)

Section 110. Conversion of Patent Applications or Applications for Utility Model Registration. –

110.1. At any time before the grant or refusal of a patent, an applicant for a patent may, upon payment of the
prescribed fee, convert his application into an application for registration of a utility model, which shall be
accorded the filing date of the initial application. An application may be converted only once.

110.2. At any time before the grant or refusal of a utility model registration, an applicant for a utility model
registration may, upon payment of the prescribed fee, convert his application into a patent application, which
shall be accorded the filing date of the initial application. (Sec. 58, R.A. No. 165a)

Section 111. Prohibition against Filing of Parallel Applications. – An applicant may not file two (2) applications for
the same subject, one for utility model registration and the other for the grant of a patent whether simultaneously or
consecutively. (Sec. 59, R.A. No. 165a)

CHAPTER XIII
INDUSTRIAL DESIGN AND LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS
[§1-RA9150[2001].at] 13

Section 112. Definition of Terms:

1. An Industrial Design is any composition of lines or colors or any three-dimensional form, whether or not
associated with lines or colors: Provided, That such composition or form gives a special appearance to and can
serve as pattern for an industrial product or handicraft;

2. Integrated Circuit means a product, in its final form, or an intermediate form, in which the elements, at least
one of which is an active element and some or all of the interconnections are integrally formed in and/or on a
piece of material, and which is intended to perform an electronic function; and

3. Layout-Design is synonymous With 'Topography' and means the three-dimensional disposition, however
expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections
of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for
manufacture. [§1-RA9150[2001].aws] 14

Section 113. Substantive Conditions/or Protection. -

113.1. Only industrial designs that are new or ornamental shall benefit from protection under this Act.

113.2. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result
or those that are contrary to public order, health or morals shall not be protected.

113.3. Only layout -designs of integrated circuits that are original shall benefit from protection under this Act. A
layout-design shall be considered original if it is the result of its creator's own intellectual effort and is not
commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its
creation.

113.4. A layout-design consisting of a combination of elements and interconnections that are commonplace shall
be protected only if the combination, taken as a whole, is original. [§1-RA9150[2001].aws] 15

Section 114. Contents of the Application. –

114.1. Every application for registration of an industrial design or layout-design shall contain:

(a) A request for registration of the industrial design or layout-design;

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(b) Information identifying the applicant;

(c) An indication of the kind of article of manufacture or handicraft to which the industrial design or layout-
design shall be applied;

(d) A representation of the article of manufacture or handicraft by way of drawings, photographs or adequate
graphic representation of the industrial design or of the layout-design as applied to the article of manufacture
or handicraft which clearly and fully discloses those features for which protection is claimed; and

(e) The name and address of the creator, or where the applicant is not the creator, a statement indicating the
origin of the right to the industrial design or layout-design registration.

114.2. The application may be accompanied by a specimen of the article embodying the industrial design or
layout-design and shall be subject to the payment of the prescribed fee. [§1-RA9150[2001].aws] 16

Section 115. Several Industrial Designs in One Application. – Two (2) or more industrial designs may be the subject
of the same application: Provided, That they relate to the same subclass of the International Classification or to the
same set or composition of articles. (n)

Section 116. Examination. -

116.1. The Office shall accord as the filing date the date of receipt of the application containing indications
allowing the identity of the applicant to be established and a representation of the article embodying the
industrial design or the layout -design or a pictorial representation thereof.

116.2. If the application does not meet these requirements, the filing date should be that date when all the
elements specified in Sec. 114 are filed or the mistakes corrected. Otherwise, if the requirements are not
complied within the prescribed period, the application shall be considered withdrawn.

116.3. After the application has been accorded a filing date and the required fees paid on time, the applicant shall
comply with the requirements of Sec. 114 within the prescribed period, otherwise the application shall be
considered withdrawn.

116.4. The Office shall examine whether the industrial design or layout-design complies with requirements of
Sec. 112 (Definitions) and Sec. 113 (Substantive Conditions for Protection). [§1-RA9150[2001].aws] 17

Section 117. Registration. –

117.1. Where the Office finds that the conditions referred to in Sec. 113 are fulfilled, it shall order that
registration be effected in the industrial design or layout-design register and cause the issuance of an industrial
design or layout-design certificate of registration; otherwise, it shall refuse the application.

117.2. The form and contents of an industrial design or layout-design certificate shall be established by the
Registrations: Provided, That the name and address of the creator shall be mentioned in every case.

117.3. Registration shall be published in the form and within the period fixed by the Regulations.

117.4. The Office shall record in the register any change in the identity of the proprietor of the industrial design
or layout design or his representative, if proof thereof is furnished to it. A fee shall be paid, with the request to
record the change in the identity of the proprietor, if the fee is not paid, the request shall be deemed not to have
been filed. In such case, the former proprietor and the former representative shall remain subject to the rights and
obligations as provided in this Act.

117.5. Anyone may inspect the Register and the files of registered industrial designs or layout-designs including
files of cancellation proceedings. [§1-RA9150[2001].aws] 18

Section 118. The Term of Industrial Design or Layout-Design Registration. –

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118.1. The registration of an industrial design shall be for a period of five (5) years from the filing date of the
application.

118.2. The registration of an industrial design may be renewed for not more than two (2) consecutive periods of
five (5) years each, by paying the renewal fee.

118.3. The renewal fee shall be paid within twelve (12) months preceding the expiration of the period of
registration. However, a grace period of six (6) months shall be granted for payment of the fees after such
expiration, upon payment of a surcharge.

118.4. The Regulations shall fix the amount of renewal fee, the surcharge and other requirements regarding the
recording of renewals of registration.

118.5. Registration of a layout-design shall be valid for a period often (10) years, without renewal, and such
validity to be counted from the date of commencement of the protection accorded to the layout-design. The
protection of a layout-design under this Act shall commence:

a) on the date of the first commercial exploitation, anywhere in the world, of the layout-design by or with the
consent of the right holder: Provided, That an application for registration is filed with the Intellectual
Property Office within two (2) years from such date of first commercial exploitation; or

b) on the filing date accorded to the application for the registration of the layout-design if the layout-design
has not been previously exploited commercially anywhere in the world. [§1-RA9150[2001].aws] 19

Section 119. Application of Other Sections and Chapters. –

119.1. The following provisions relating to patents shall apply mutatis mutandis to an industrial design
registration.

SECTION21 - Novelty;

SECTION 24 - Prior art: Provided, That the disclosure is contained in printed documents or in any tangible
form;

SECTION 25 - Non-prejudicial Disclosure;

SECTION 28 - Right to a Patent;

SECTION 29 - First to File Rule;

SECTION 30 - Inventions Created Pursuant to a Commission;

SECTION 31 - Right of Priority: Provided, That the application for industrial design shall be filed within six
(6) months from the earliest filing date of the corresponding foreign application;

SECTION 33 - Appointment of Agent or Representative;

SECTION 51 - Refusal of the Application;

SECTION 56 to 60 - Surrender, Correction of and Changes in Patent;

CHAPTER VII - Remedies of a Person with a Right to Patent;

CHAPTER VIII - Rights of Patentees and Infringement of Patents; and

CHAPTER XI - Assignment and Transmission of Rights

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119.2. If the essential elements of an industrial design which is the subject of an application have been obtained
from the creation of another person without his consent, protection under this Chapter cannot be invoked against
the injured party.

119.3. The following provisions relating to patents shall apply mutatis mutandis to a layout -design of integrated
circuits registration:

SECTION 28 - Right to a Patent;

SECTION 29 - First to File Rule;

SECTION 30 - Inventions Created Pursuant to a Commission;

SECTION 33 - Appointment of Agent or Representative;

SECTION 56 - Surrender of Patent;

SECTION 57 - Correction of Mistakes of the Office;

SECTION 58 - Correction of Mistakes in the Application;

SECTION 59 - Changes in Patents;

SECTION 60 - Form and Publication of Amendment;

CHAPTER VII - Remedies of a Person with a Right to Patent;

CHAPTER VIII - Rights of Patentees and Infringement of Patents: Provided, That the layout-design rights
and limitation of layout-design rights provided hereunder shall govern:

CHAPTER X - Compulsory Licensing;

CHAPTER XI - Assignment and Transmission of Rights

119.4. Rights Conferred to the Owner of a Layout-Design Registration. - The owner of a layout-design
registration shall enjoy the following rights:

(1) to reproduce, whether by incorporation in an integrated circuit or otherwise, the registered layout-design
in its entirety or any part thereof, except the act of reproducing any part that does not comply with the
requirement of originality; and

(2) to sell or otherwise distribute for commercial purposes the registered layout design, an article or an
integrated circuit in which the registered layout-design is incorporated.

119.5. Limitations of Layout Rights. - The owner of a layout design has no right to prevent third parties from
reproducing, selling or otherwise distributing for commercial purposes the registered layout-design in the
following circumstances:

(1) Reproduction of the registered layout-design for private purposes or for the sole purpose of evaluation,
analysis, research or teaching;

(2) Where the act is performed in respect of a layout-design created on the basis of such analysis or
evaluation and which is itself original in the meaning as provided herein;

(3) Where the act is performed in respect of a registered lay-out-design, or in respect of an integrated circuit
in which such a layout-design is incorporated, that has been put on the market by or with the consent of the

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right holder;

(4) In respect of an integrated circuit where the person performing or ordering such an act did not know and
had no reasonable ground to know when acquiring the integrated circuit or the article incorporating such an
integrated circuit, that it incorporated an unlawfully reproduced layout-design: Provided, however, That after
the time that such person has received sufficient notice that the layout-design was unlawfully reproduced,
that person may perform any of the said acts only with respect to the stock on hand or ordered before such
time and shall be liable to pay to the right holder a sum equivalent to at least 5% of net sales or such other
reasonable royalty as would be payable under a freely negotiated license in respect of such layout-design; or

(5) Where the act is performed in respect of an identical layout-design which is original and has been created
independently by a third party. [§1-RA9150[2001].aws] 20

Section 120. Cancellation of Design Registration. –

120.1. At any time during the term of the industrial design registration, any person upon payment of the required
fee, may petition the Director of Legal Affairs to cancel the industrial design on any of the following grounds:

(a) If the subject matter of the industrial design is not registerable within the terms of Sections 112 and 113;

(b) If the subject matter is not new; or

(c) If the subject matter of the industrial design extends beyond the content of the application as originally
filed.

120.2. Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected to
such extent only. The restriction may be effected in the form of an alteration of the effected features of the
design.

120.3. Grounds for Cancellation of Layout-Design of Integrated Circuits.- Any interested person may petition
that the registration of a layout-design be cancelled on the ground that:

(i) the layout-design is not protectable under this Act;

(ii) the right holder is not entitled to protection under this Act; or

(iii) where the application for registration of the layout-design, was not filed within two (2) years from its
first commercial exploitation anywhere in the world.

Where the grounds for cancellation are established with respect only to a part of the layout-design, only the
corresponding part of the registration shall be cancelled.

Any cancelled layout-design registration or part thereof, shall be regarded as null and void from the beginning
and may be expunged from the records of the Intellectual Property Office. Reference to all cancelled layout-
design registration shall be published in the IPO Gazette. [§1-RA9150[2001].aws] 21

PART III
THE LAW ON TRADEMARKS, SERVICE MARKS AND TRADE NAMES

Section 121. Definitions. – As used in Part III, the following terms have the following meanings:

121.1. "Mark" means any visible sign capable of distinguishing the goods (trademark) or services (service mark)
of an enterprise and shall include a stamped or marked container of goods; (Sec. 38, R.A. No. 166a)

121.2. "Collective mark" means any visible sign designated as such in the application for registration and
capable of distinguishing the origin or any other common characteristic; including the quality of goods or
services of different enterprises which use the sign under the control of the registered owner of the collective

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mark; (Sec. 40, R.A. No. 166a)

121.3. "Trade name" means the name or designation identifying or distinguishing an enterprise; (Sec. 38, R.A.
No. 166a)

121.4. "Bureau" means the Bureau of Trademarks;

121.5. "Director" means the Director of Trademarks;

121.6. "Regulations" mean the Rules of Practice in Trademarks and Service Marks formulated by the Director of
Trademarks and approved by the Director General; and

121.7. "Examiner" means the trademark examiner. (Sec. 38, R.A. No. 166a)

Section 122. How Marks are Acquired. – The rights in a mark shall be acquired through registration made validly in
accordance with the provisions of this law. (Sec. 2-A, R.A. No. 166a)

Section 123. Registrability. –

123.1. A mark cannot be registered if it:

a. Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a
connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into
contempt or disrepute;

b. Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions,
or of any foreign nation, or any simulation thereof;

c. Consists of a name, portrait or signature identifying a particular living individual except by his written
consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his
widow, if any, except by written consent of the widow;

d. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or
priority date, in respect of:

a. The same goods or services; or

b. Closely related goods or services, or

c. If it nearly resembles such a mark as to be likely to deceive or cause confusion;

e. Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the
competent authority of the Philippines to be well-known internationally and in the Philippines, whether or
not it is registered here, as being already the mark of a person other than the applicant for registration, and
used for identical or similar goods or services: Provided, That in determining whether a mark is well-known,
account shall be taken of the knowledge of the relevant sector of the public, rather than of the public at large,
including knowledge in the Philippines which has been obtained as a result of the promotion of the mark;

f. Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in
accordance with the preceding paragraph, which is registered in the Philippines with respect to goods or
services which are not similar to those with respect to which registration is applied for: Provided, That use of
the mark in relation to those goods or services would indicate a connection between those goods or services,
and the owner of the registered mark: Provided, further, That the interests of the owner of the registered mark
are likely to be damaged by such use;

g. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin
of the goods or services;

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h. Consists exclusively of signs that are generic for the goods or services that they seek to identify;

i. Consists exclusively of signs or of indications that have become customary or usual to designate the goods
or services in everyday language or in bona fide and established trade practice;

j. Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality,
quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the
services, or other characteristics of the goods or services;

k. Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves
or factors that affect their intrinsic value;

l. Consists of color alone, unless defined by a given form; or

m. Is contrary to public order or morality.

123.2. As regards signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall prevent the registration
of any such sign or device which has become distinctive in relation to the goods for which registration is
requested as a result of the use that have been made of it in commerce in the Philippines. The Office may accept
as prima facie evidence that the mark has become distinctive, as used in connection with the applicant's goods or
services in commerce, proof of substantially exclusive and continuous use thereof by the applicant in commerce
in the Philippines for five (5) years before the date on which the claim of distinctiveness is made.

123.3. The nature of the goods to which the mark is applied will not constitute an obstacle to registration. (Sec.
4, R.A. No.166a)

Section 124. Requirements of Application. –

124.1. The application for the registration of the mark shall be in Filipino or in English and shall contain the
following:

a. A request for registration;

b. The name and address of the applicant;

c. The name of a State of which the applicant is a national or where he has domicile; and the name of a State
in which the applicant has a real and effective industrial or commercial establishment, if any;

d. Where the applicant is a juridical entity, the law under which it is organized and existing;

e. The appointment of an agent or representative, if the applicant is not domiciled in the Philippines;

f. Where the applicant claims the priority of an earlier application, an indication of:

a. The name of the State with whose national office the earlier application was filed or if filed with an
office other than a national office, the name of that office,

b. The date on which the earlier application was filed, and

c. Where available, the application number of the earlier application;

g. Where the applicant claims color as a distinctive feature of the mark, a statement to that effect as well as
the name or names of the color or colors claimed and an indication, in respect of each color, of the principal
parts of the mark which are in that color;

h. Where the mark is a three-dimensional mark, a statement to that effect;

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i. One or more reproductions of the mark, as prescribed in the Regulations;

j. A transliteration or translation of the mark or of some parts of the mark, as prescribed in the Regulations;

k. The names of the goods or services for which the registration is sought, grouped according to the classes of
the Nice Classification, together with the number of the class of the said Classification to which each group
of goods or services belongs; and

l. A signature by, or other self-identification of, the applicant or his representative.

124.2. The applicant or the registrant shall file a declaration of actual use of the mark with evidence to that
effect, as prescribed by the Regulations within three (3) years from the filing date of the application. Otherwise,
the application shall be refused or the mark shall be removed from the Register by the Director.

124.3. One (1) application may relate to several goods and/ or services, whether they belong to one (1) class or to
several classes of the Nice Classification.

124.4. If during the examination of the application, the Office finds factual basis to reasonably doubt the veracity
of any indication or element in the application, it may require the applicant to submit sufficient evidence to
remove the doubt. (Sec. 5, R.A. No. 166a)

Section 125. Representation; Address for Service. – If the applicant is not domiciled or has no real and effective
commercial establishment in the Philippines, he shall designate by a written document filed in the Office, the name
and address of a Philippine resident who may be served notices or process in proceedings affecting the mark. Such
notices or services may be served upon the person so designated by leaving a copy thereof at the address specified in
the last designation filed. If the person so designated cannot be found at the address given in the last designation,
such notice or process may be served upon the Director. (Sec. 3, R.A. No. 166a)

Section 126. Disclaimers. – The Office may allow or require the applicant to disclaim an unregistrable component
of an otherwise registrable mark but such disclaimer shall not prejudice or affect the applicant's or owner's rights
then existing or thereafter arising in the disclaimed matter, nor such shall disclaimer prejudice or affect the
applicant's or owner's right on another application of later date if the disclaimed matter became distinctive of the
applicant's or owner's goods, business or services. (Sec. 13, R.A. No. 166a)

Section 127. Filing Date. –

127.1. Requirements. – The filing date of an application shall be the date on which the Office received the
following indications and elements in English or Filipino:

a. An express or implicit indication that the registration of a mark is sought;

b. The identity of the applicant;

c. Indications sufficient to contact the applicant or his representative, if any;

d. A reproduction of the mark those registration is sought; and

e. The list of the goods or services for which the registration is sought.

127.2. No filing date shall be accorded until the required fee is paid. (n)

Section 128. Single Registration for Goods and/or Services. – Where goods and/or services belonging to several
class of the Nice Classification have been included in one (1) application, such an application shall result in one
registration. (n)

Section 129. Division of Application. – Any application referring to several goods or services, hereafter referred to

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as the "initial application," may be divided by the applicant into two (2) or more applications, hereafter referred to as
the "divisional applications," by distributing among the latter the goods or services referred to in the initial
application. The divisional applications shall preserve the filing date of the initial application or the benefit of the
right of priority. (n)

Section 130. Signature and Other Means of Self-Identification. –

130.1. Where a signature is required, the Office shall accept:

a. A hand written signature; or

b. The use of other forms of signature, such as a printed or stamped signature, or the use of a seal, instead of
a hand-written signature: Provided, that where a seal is used, it should be accompanied by an indication in
letters of the name of the signatory.

130.2. The Office shall accept communications to it by telecopier, or by electronic means subject to the
conditions or requirements that will be prescribed by the Regulations. When communications are made by
telefacsimile, the reproduction of the signature, or the reproduction of the seal together with, where required, the
indication in letters of the name of the natural person whose seal is used, appears. The original communications
must be received by the Office within thirty (30) days from date of receipt of the telefacsimile.

130.3. No attestation, notarization, authentication, legalization or other certification of any signature or other
means of self-identification referred to in the preceding paragraphs, will be required, except, where the signature
concerns the surrender of a registration. (n)

Section 131. Priority Right. –

131.1. An application for registration of a mark filed in the Philippines by a person referred to in Section 3, and
who previously duly filed an application for registration of the same mark in one of those countries, shall be
considered as filed as of the day the application was first filed in the foreign country.

131.2. No registration of a mark in the Philippines by a person described in this section shall be granted until
such mark has been registered in the country of origin of the applicant.

131.3. Nothing in this section shall entitle the owner of a registration granted under this section to sue for acts
committed prior to the date on which his mark was registered in this country. Provided, That, notwithstanding the
foregoing, the owner of a well-known mark is defined in Section 123.1 (e) of this Act, that is not registered in the
Philippines, may, against an identical or confusingly similar mark, oppose its registration, or petition the
cancellation of its registration or sue for unfair competition, without prejudice to availing himself of other
remedies provided for under the law.

131.4. In like manner and subject to the same conditions and requirements, the right provided in this section may
be based upon a subsequent regularly filed application in the same foreign country: Provided, That any foreign
application filed prior to such subsequent application has been withdrawn, abandoned, or otherwise disposed of,
without having been laid open to public inspection and without leaving any rights outstanding, and has not
served, nor thereafter shall serve, as a basis for claiming a right of priority. (Sec. 37, R.A. No. 166a)

Section 132. Application Number and Filing Date. –

132.1. The Office shall examine whether the application satisfies the requirements for the grant of a filing date as
provided in Section 127 and Regulations relating thereto. If the application does not satisfy the filing
requirements, the Office shall notify the applicant who shall within a period fixed by the Regulations complete or
correct the application as required, otherwise, the application shall be considered withdrawn.

132.2. Once an application meets the filing requirements of Section 127, it shall be numbered in the sequential
order, and the applicant shall be informed of the application number and the filing date of the application will be
deemed to have been abandoned. (n)

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Section 133. Examination and Publication. –

133.1. Once the application meets the filing requirements of Section 127, the Office shall examine whether the
application meets the requirements of Section 124 and the mark as defined in Section 121 is registrable under
Section 123.

133.2. Where the Office finds that the conditions referred to in Subsection 133.1 are fulfilled, it shall, upon
payment of the prescribed fee, forthwith cause the application, as filed, to be published in the prescribed manner.

133.3. If after the examination, the applicant is not entitled to registration for any reason, the Office shall advise
the applicant thereof and the reasons therefore. The applicant shall have a period of four (4) months in which to
reply or amend his application, which shall then be re-examined. The Regulations shall determine the procedure
for the re-examination or revival of an application as well as the appeal to the Director of Trademarks from any
final action by the Examiner.

133.4. An abandoned application may be revived as a pending application within three (3) months from the date
of abandonment, upon good cause shown and the payment of the required fee.

133.5. The final decision of refusal of the Director of Trademarks shall be appealable to the Director General in
accordance with the procedure fixed by the Regulations. (Sec. 7, R.A. No. 166a)

Section 134. Opposition. – Any person who believes that he could be damaged by the registration of a mark may,
upon payment of the required fee, and within thirty (30) days after the publication referred to in Subsection 133.2,
file with the Office an opposition to the application. Such opposition shall be in writing and verified by the oppositor
or by any person on his behalf who knows the facts, and shall specify the grounds on which it is based and include a
statement of the facts relied upon. Copies of certificates of registration of marks registered in other countries or other
supporting documents mentioned in the opposition shall be filed therewith, together with the translation in English,
if not in the English language. For good cause shown and upon payment of the required surcharge, the time for filing
an opposition may be extended by the Director of Legal Affairs, who shall notify the applicant of such extension.
The Regulations shall fix the maximum period of time within which to file the opposition. (Sec. 8, R.A. No. 165a)

Section 135. Notice and Hearing. – Upon the filing of an opposition, the Office shall serve notice of the filing on the
applicant, and of the date of the hearing thereof upon the applicant and the oppositor and all other persons having
any right, title or interest in the mark covered by the application, as appear of record in the Office. (Sec. 9, R.A. No.
165)

Section 136. Issuance and Publication of Certificate. – When the period for filing the opposition has expired, or
when the Director of Legal Affairs shall have denied the opposition, the Office upon payment of the required fee,
shall issue the certificate of registration. Upon issuance of a certificate of registration, notice thereof making
reference to the publication of the application shall be published in the IPO Gazette. (Sec. 10, R.A. No. 165)

Section 137. Registration of Mark and Issuance of a Certificate to the Owner or his Assignee. –

137.1. The Office shall maintain a Register in which shall be registered marks, numbered in the order of their
registration, and all transactions in respect of each mark, required to be recorded by virtue of this law.

137.2. The registration of a mark shall include a reproduction of the mark and shall mention: its number, the
name and address of the registered owner and, if the registered owner's address is outside the country, his address
for service within the country; the dates of application and registration; if priority is claimed, an indication of this
fact, and the number, date and country of the application, basis of the priority claims; the list of goods or services
in respect of which registration has been granted, with the indication of the corresponding class or classes; and
such other data as the Regulations may prescribe from time to time.

137.3. A certificate of registration of a mark may be issued to the assignee of the applicant: Provided, that the
assignment is recorded in the Office. In case of a change of ownership, the Office shall at the written request
signed by the owner, or his representative, or by the new owner, or his representative and upon a proper showing

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and the payment of the prescribed fee, issue to such assignee a new certificate of registration of the said mark in
the name of such assignee, and for the unexpired part of the original period.

137.4. The Office shall record any change of address, or address for service, which shall be notified to it by the
registered owner.

137.5. In the absence of any provision to the contrary in this Act, communications to be made to the registered
owner by virtue of this Act shall be sent to him at his last recorded address and, at the same, at his last recorded
address for service. (Sec. 19, R.A. No. 166a)

Section 138. Certificates of Registration. – A certificate of registration of a mark shall be prima facie evidence of the
validity of the registration, the registrant's ownership of the mark, and of the registrant's exclusive right to use the
same in connection with the goods or services and those that are related thereto specified in the certificate. (Sec. 20,
R.A. No. 165)

Section 139. Publication of Registered Marks; Inspection of Register. –

139.1. The Office shall publish, in the form and within the period fixed by the Regulations, the marks registered,
in the order of their registration, reproducing all the particulars referred to in Subsection 137.2.

139.2. Marks registered at the Office may be inspected free of charge and any person may obtain copies thereof
at his own expense. This provision shall also be applicable to transactions recorded in respect of any registered
mark. (n)

Section 140. Cancellation upon Application by Registrant; Amendment or Disclaimer of Registration. – Upon
application of the registrant, the Office may permit any registration to be surrendered for cancellation, and upon
cancellation the appropriate entry shall be made in the records of the Office. Upon application of the registrant and
payment of the prescribed fee, the Office for good cause may permit any registration to be amended or to be
disclaimed in part: Provided, That the amendment or disclaimer does not alter materially the character of the mark.
Appropriate entry shall be made in the records of the Office upon the certificate of registration or, if said certificate
is lost or destroyed, upon a certified copy thereof. (Sec. 14, R.A. No. 166)

Section 141. Sealed and Certified Copies as Evidence. – Copies of any records, books, papers, or drawings
belonging to the Office relating to marks, and copies of registrations, when authenticated by the seal of the Office
and certified by the Director of the Administrative, Financial and Human Resource Development Service Bureau or
in his name by an employee of the Office duly authorized by said Director, shall be evidence in all cases wherein the
originals would be evidence; and any person who applies and pays the prescribed fee shall secure such copies. (n)

Section 142. Correction of Mistakes Made by the Office. – Whenever a material mistake in a registration incurred
through the fault of the Office is clearly disclosed by the records of the Office, a certificate stating the fact and
nature of such mistake shall be issued without charge, recorded and a printed copy thereof shall be attached to each
printed copy of the registration. Such corrected registration shall thereafter have the same effect as the original
certificate; or in the discretion of the Director of the Administrative, Financial and Human Resource Development
Service Bureau a new certificate of registration may be issued without charge. All certificates of correction
heretofore issued in accordance with the Regulations and the registration to which they are attached shall have the
same force and effect as if such certificates and their issuance had been authorized by this Act. (n)

Section 143. Correction of Mistakes Made by Applicant. – Whenever a mistake is made in a registration and such
mistake occurred in good faith through the fault of the applicant, the Office may issue a certificate upon the payment
of the prescribed fee; Provided, that the correction does not involve any change in the registration that requires
republication of the mark. (n)

Section 144. Classification of Goods and Services. –

144.1. Each registration, and any publication of the Office which concerns an application or registration effected
by the Office shall indicate the goods or services by their names, grouped according to the classes of the Nice
Classification, and each group shall be preceded by the number of the class of that Classification to which that

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group of goods or services belongs, presented in the order of the classes of the said Classification.

144.2. Goods or services may not be considered as being similar or dissimilar to each other on the ground that, in
any registration or publication by the Office, they appear in different classes of the Nice Classification. (Sec. 6,
R.A. No. 166a)

Section 145. Duration. – A certificate of registration shall remain in force for ten (10) years: Provided, That the
registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based on the
existence of obstacles to such use, as prescribed by the Regulations, within one (1) year from the fifth anniversary of
the date of the registration of the mark. Otherwise, the mark shall be removed from the Register by the Office. (Sec.
12, R.A. No. 166a)

Section 146. Renewal. –

146.1. A certificate of registration may be renewed for periods of ten (10) years at its expiration upon payment of
the prescribed fee and upon filing of a request. The request shall contain the following indications:

a. An indication that renewal is sought;

b. The name and address of the registrant or his successor-in-interest, hereafter referred to as the "right
holder",

c. The registration number of the registration concerned;

d. The filing date of the application which resulted in the registration concerned to be renewed;

e. Where the right holder has a representative, the name and address of that representative;

f. The names of the recorded goods or services for which the renewal is requested or the names of the
recorded goods or services for which the renewal is not requested, grouped according to the classes of the
Nice Classification to which that group of goods or services belongs and presented in the order of the classes
of the said Classification; and

g. A signature by the right holder or his representative.

146.2. Such request shall be in Filipino or English and may be made at any time within six (6) months before the
expiration of the period for which the registration was issued or renewed, or it may be made within six (6)
months after such expiration on payment of the additional fee herein prescribed.

146.3. If the Office refuses to renew the registration, it shall notify the registrant of his refusal and the reasons
therefore.

146.4. An applicant for renewal not domiciled in the Philippines shall be subject to and comply with the
requirements of this Act. (Sec. 15, R.A. No. 166a)

Section 147. Rights Conferred. –

147.1. Except in cases of importation of drugs and medicines allowed under Section 72.1 of this Act and of off-
patent drugs and medicines, the owner of a registered mark shall have the exclusive right to prevent all third
parties not having the owner’s consent from using in the course of trade identical or similar signs or containers
for goods or services which are identical or similar to those in respect of which the trademark is registered where
such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or
services, a likelihood of confusion shall be presumed.

There shall be no infringement of trademarks or tradenames of imported or sold patented drugs and medicines
allowed under Section 72.1 of this Act, as well as imported or sold off-patent drugs and medicines: Provided,
That, said drugs and medicines bear the registered marks that have not been tampered, unlawfully modified, or

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infringed upon, under Section 155 of this Code. [§14-RA9502[2008].awss] 22

147.2. The exclusive right of the owner of a well-known mark defined in Subsection 123.1(e) which is registered
in the Philippines, shall extend to goods and services which are not similar to those in respect of which the mark
is registered: Provided, That use of that mark in relation to those goods or services would indicate a connection
between those goods or services and the owner of the registered mark: Provided, further, That the interests of the
owner of the registered mark are likely to be damaged by such use. (n)

Section 148. Use of Indications by Third Parties for Purposes Other than those for which the Mark is Used.–
Registration of the mark shall not confer on the registered owner the right to preclude third parties from using bona
fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind, quality,
quantity, destination, value, place of origin, or time of production or of supply, of their goods or services:Provided,
That such use is confined to the purposes of mere identification or information and cannot mislead the public as to
the source of the goods or services. (n)

Section 149. Assignment and Transfer of Application and Registration. –

149.1. An application for registration of a mark, or its registration, may be assigned or transferred with or
without the transfer of the business using the mark. (n)

149.2. Such assignment or transfer shall, however, be null and void if it is liable to mislead the public,
particularly as regards the nature, source, manufacturing process, characteristics, or suitability for their purpose,
of the goods or services to which the mark is applied.

149.3. The assignment of the application for registration of a mark, or of its registration, shall be in writing and
require the signatures of the contracting parties. Transfers by mergers or other forms of succession may be made
by any document supporting such transfer.

149.4. Assignments and transfers of registrations of marks shall be recorded at the Office on payment of the
prescribed fee; assignment and transfers of applications for registration, on payment of the same fee, be
provisionally recorded, and the mark, when registered, shall be in the name of the assignee or transferee.

149.5. Assignments and transfers shall have no effect against third parties until they are recorded at the Office.
(Sec. 31, R.A. No. 166a)

Section 150. License Contracts. –

150.1. Any license contract concerning the registration of a mark, or an application therefore, shall provide for
effective control by the licensor of the quality of the goods or services of the license in connection with which
the mark is used. If the license contract does not provide for such quality control, or if such quality control is not
effectively carried out, the license contract shall not be valid.

150.2. A license contract shall be submitted to the Office which shall keep its contents confidential but shall
record it and publish a reference thereto. A license contract shall have no effect against third parties until such
recording is effected. The Regulations shall fix the procedure for the recording of the license contract. (n)

Section 151. Cancellation. –

151.1. A petition to cancel a registration of a mark under this Act may be filed with the Bureau of Legal Affairs
by any person who believes that he is or will be damaged by the registration of a mark under this Act as follows:

a. Within five (5) years from the date of the registration of the mark under this Act.

b. At any time, if the registered mark becomes the generic name for the goods or services, or a portion
thereof, for which it is registered, or has been abandoned, or its registration was obtained fraudulently or
contrary to the provisions of this Act, or if the registered mark is being used by, or with the permission of, the
registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is

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used. If the registered mark becomes the generic name for less than all of the goods or services for which it is
registered, a petition to cancel the registration for only those goods or services may be filed. A registered
mark shall not be deemed to be the generic name of goods or services solely because such mark is also used
as a name of or to identify a unique product or service. The primary significance of the registered mark to the
relevant public rather than purchaser motivation shall be the test for determining whether the registered mark
has become the generic name of goods or services on or in connection with which it has been used. (n)

c. At any time, if the registered owner of the mark without legitimate reason fails to use the mark within the
Philippines, or to cause it to be used in the Philippines by virtue of a license during an uninterrupted period of
three (3) years or longer.

151.2. Notwithstanding the foregoing provisions, the court or the administrative agency vested with jurisdiction
to hear and adjudicate any action to enforce the rights to a registered mark shall likewise exercise jurisdiction to
determine whether the registration of said mark may be cancelled in accordance with this Act. The filing of a suit
to enforce the registered mark with the proper court or agency shall exclude any other court or agency from
assuming jurisdiction over a subsequently filed petition to cancel the same mark. On the other hand, the earlier
filing of petition to cancel the mark with the Bureau of Legal Affairs shall not constitute a prejudicial question
that must be resolved before an action to enforce the rights to same registered mark may be decided. (Sec. 17,
R.A. No. 166a)

Section 152. Non-use of a Mark When Excused. –

152.1. Non-use of a mark may be excused if caused by circumstances arising independently of the will of the
trademark owner. Lack of funds shall not excuse non-use of a mark.

152.2. The use of the mark in a form different from the form in which it is registered, which does not alter its
distinctive character, shall not be ground for cancellation or removal of the mark and shall not diminish the
protection granted to the mark.

152.3. The use of a mark in connection with one (1) or more of the goods or services belonging to the class in
respect of which the mark is registered shall prevent its cancellation or removal in respect of all other goods or
services of the same class.

152.4. The use of a mark by a company related with the registrant or applicant shall inure to the latter's benefit,
and such use shall not affect the validity of such mark or of its registration: Provided, that such mark is not used
in such manner as to deceive the public. If use of a mark by a person is controlled by the registrant or applicant
with respect to the nature and quality of the goods or services, such use shall inure to the benefit of the registrant
or applicant. (n)

Section 153. Requirements of Petition; Notice and Hearing. – Insofar as applicable, the petition for cancellation
shall be in the same form as that provided in Section 134 hereof, and notice and hearing shall be as provided in
Section 135 hereof.

Section 154. Cancellation of Registration. – If the Bureau of Legal Affairs finds that a case for cancellation has been
made out, it shall order the cancellation of the registration. When the order or judgment becomes final, any right
conferred by such registration upon the registrant or any person in interest of record shall terminate. Notice of
cancellation shall be published in the IPO Gazette. (Sec. 19, R.A. No. 166a)

Section 155. Remedies; Infringement. – Any person who shall, without the consent of the owner of the registered
mark:

155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the
same container or a dominant feature thereof in connection with the sale, offering for sale, distribution,
advertising of any goods or services including other preparatory steps necessary to carry out the sale of any
goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to
deceive; or

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155.2. Reproduce, counterfeit, copy or colorable imitate a registered mark or a dominant feature thereof and
apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers,
receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for
sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause
confusion, or to cause mistake, or to deceive, shall be liable in a civil action for infringement by the registrant for
the remedies hereinafter set forth: Provided, That the infringement takes place at the moment any of the acts
stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or
services using the infringing material. (Sec. 22, R.A. No. 166a)

Section 156. Actions, and Damages and Injunction for Infringement. –

156.1. The owner of a registered mark may recover damages from any person who infringes his rights, and the
measure of the damages suffered shall be either the reasonable profit which the complaining party would have
made, had the defendant not infringed his rights, or the profit which the defendant actually made out of the
infringement, or in the event such measure of damages cannot be readily ascertained with reasonable certainty,
then the court may award as damages a reasonable percentage based upon the amount of gross sales of the
defendant or the value of the services in connection with which the mark or trade name was used in the
infringement of the rights of the complaining party. (Sec. 23, first par., R.A. No. 166a)

156.2. On application of the complainant, the court may impound during the pendency of the action, sales
invoices and other documents evidencing sales. (n)

156.3. In cases where actual intent to mislead the public or to defraud the complainant is shown, in the discretion
of the court, the damages may be doubled. (Sec. 23, par., R.A. No. 166a)

156.4. The complainant, upon proper showing, may also be granted injunction. (Sec. 23, second par., R.A. No.
166a)

Section 157. Power of Court to Order Infringing Material Destroyed. –

157.1. In any action arising under this Act, in which a violation of any right of the owner of the registered mark
is established, the court may order that goods found to be infringing be, without compensation of any sort,
disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder,
or destroyed; and all labels, signs, prints, packages, wrappers, receptacles and advertisements in the possession
of the defendant, bearing the registered mark or trade name or any reproduction, counterfeit, copy or colorable
imitation thereof, all plates, molds, matrices and other means of making the same, shall be delivered up and
destroyed.

157.2. In regard to counterfeit goods, the simple removal of the trademark affixed shall not be sufficient other
than in exceptional cases which shall be determined by the Regulations, to permit the release of the goods into
the channels of commerce. (Sec. 24, R.A. No. 166a)

Section 158. Damages; Requirement of Notice. – In any suit for infringement, the owner of the registered mark shall
not be entitled to recover profits or damages unless the acts have been committed with knowledge that such
imitation is likely to cause confusion, or to cause mistake, or to deceive. Such knowledge is presumed if the
registrant gives notice that his mark is registered by displaying with the mark the words "Registered Mark" or the
letter R within a circle or if the defendant had otherwise actual notice of the registration. (Sec. 21, R.A. No. 166a)

Section 159. Limitations to Actions for Infringement. – Notwithstanding any other provision of this Act, the
remedies given to the owner of a right infringed under this Act shall be limited as follows:

159.1. Notwithstanding the provisions of Section 155 hereof, a registered mark shall have no effect against any
person who, in good faith, before the filing date or the priority date, was using the mark for the purposes of his
business or enterprise: Provided, That his right may only be transferred or assigned together with his enterprise
or business or with that part of his enterprise or business in which the mark is used.

159.2. Where an infringer who is engaged solely in the business of printing the mark or other infringing

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materials for others is an innocent infringer, the owner of the right infringed shall be entitled as against such
infringer only to an injunction against future printing.

159.3. Where the infringement complained of is contained in or is part of paid advertisement in a newspaper,
magazine, or other similar periodical or in an electronic communication, the remedies of the owner of the right
infringed as against the publisher or distributor of such newspaper, magazine, or other similar periodical or
electronic communication shall be limited to an injunction against the presentation of such advertising matter in
future issues of such newspapers, magazines, or other similar periodicals or in future transmissions of such
electronic communications. The limitations of this subparagraph shall apply only to innocent infringers:
Provided, That such injunctive relief shall not be available to the owner of the right infringed with respect to an
issue of a newspaper, magazine, or other similar periodical or an electronic communication containing infringing
matter where restraining the dissemination of such infringing matter in any particular issue of such periodical or
in an electronic communication would delay the delivery of such issue or transmission of such electronic
communication is customarily conducted in accordance with the sound business practice, and not due to any
method or device adopted to evade this section or to prevent or delay the issuance of an injunction or restraining
order with respect to such infringing matter. (n)

159.4 There shall be no infringement of trademarks or tradenames of imported or sold drugs and medicines
allowed under Section 72.1 of this Act, as well as imported or sold off-patent drugs and medicines: Provided,
That said drugs and medicines bear the registered marks that have not been tampered, unlawfully modified, or
infringed upon as defined under Section 155 of this Code. [§15-RA9502[2008].adwss] 23

Section 160. Right of Foreign Corporation to Sue in Trademark or Service Mark Enforcement Action. – Any foreign
national or juridical person who meets the requirements of Section 3 of this Act and does not engage in business in
the Philippines may bring a civil or administrative action hereunder for opposition, cancellation, infringement, unfair
competition, or false designation of origin and false description, whether or not it is licensed to do business in the
Philippines under existing laws. (Sec. 21-A, R.A. No. 166a)

Section 161. Authority to Determine Right to Registration. – In any action involving a registered mark, the court
may determine the right to registration, order the cancellation of a registration, in whole or in part, and otherwise
rectify the register with respect to the registration of any party to the action in the exercise of this. Judgment and
orders shall be certified by the court to the Director, who shall make appropriate entry upon the records of the
Bureau, and shall be controlled thereby. (Sec. 25, R.A. No. 166a)

Section 162. Action for False or Fraudulent Declaration. – Any person who shall procure registration in the Office
of a mark by a false or fraudulent declaration or representation, whether oral or in writing, or by any false means,
shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof.
(Sec. 26, R.A. No. 166)

Section 163. Jurisdiction of Court. – All actions under Sections 150, 155, 164, and 166 to 169 shall be brought
before the proper courts with appropriate jurisdiction under existing laws. (Sec. 27, R.A. No. 166)

Section 164. Notice of Filing Suit Given to the Director. – It shall be the duty of the clerks of such courts within one
(1) month after the filing of any action, suit, or proceeding involving a mark registered under the provisions of this
Act, to notify the Director in writing setting forth: the names and addresses of the litigants and designating the
number of the registration or registrations and within one (1) month after the judgment is entered or an appeal is
taken, the clerk of court shall give notice thereof to the Office, and the latter shall endorse the same upon the file
wrapper of the said registration or registrations and incorporate the same as a part of the contents of said file
wrapper. (n)

Section 165. Trade Names or Business Names. –

165.1. A name or designation may not be used as a trade name if by its nature or the use to which such name or
designation may be put, it is contrary to public order or morals and if, in particular, it is liable to deceive trade
circles or the public as to the nature of the enterprise identified by that name.

165.2.

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(a) Notwithstanding any laws or regulations providing for any obligation to register trade names, such names
shall be protected, even prior to or without registration, against any unlawful act committed by third parties.

(b) In particular, any subsequent use of the trade name by a third party, whether as a trade name or a mark or
collective mark, or any such use of a similar trade name or mark, likely to mislead the public, shall be
deemed unlawful.

165.3. The remedies provided for in Sections 153 to 156 and Sections 166 and 167 shall apply mutatis mutandis.

165.4. Any change in the ownership of a trade name shall be made with the transfer of the enterprise or part
thereof identified by that name. The provisions of Subsections 149.2 to 149.4 shall apply mutatis mutandis.

Section 166. Goods Bearing Infringing Marks or Trade Names. – No article of imported merchandise which shall
copy or simulate the name of any domestic product, or manufacturer, or dealer, or which shall copy or simulate a
mark registered in accordance with the provisions of this Act, or shall bear a mark or trade name calculated to induce
the public to believe that the article is manufactured in the Philippines, or that it is manufactured in any foreign
country or locality other than the country or locality where it is in fact manufactured, shall be admitted to entry at
any customhouse of the Philippines. In order to aid the officers of the customs service in enforcing this prohibition,
any person who is entitled to the benefits of this Act, may require that his name and residence, and the name of the
locality in which his goods are manufactured, a copy of the certificate of registration of his mark or trade name, to
be recorded in books which shall be kept for this purpose in the Bureau of Customs, under such regulations as the
Collector of Customs with the approval of the Secretary of Finance shall prescribe, and may furnish to the said
Bureau facsimiles of his name, the name of the locality in which his goods are manufactured, or his registered mark
or trade name, and thereupon the Collector of Customs shall cause one (1) or more copies of the same to be
transmitted to each collector or to other proper officer of the Bureau of Customs. (Sec. 35, R.A. No. 166)

Section 167. Collective Marks. –

167.1. Subject to Subsections 167.2 and 167.3, Sections 122 to 164 and 166 shall apply to collective marks,
except that references therein to "mark" shall be read as "collective mark."
167.2.

(a) An application for registration of a collective mark shall designate the mark as a collective mark and shall
be accompanied by a copy of the agreement, if any, governing the use of the collective mark.

(b) The registered owner of a collective mark shall notify the Director of any changes made in respect of the
agreement referred to in paragraph (a).

167.3. In addition to the grounds provided in Section 149, the Court shall cancel the registration of a collective
mark if the person requesting the cancellation proves that only the registered owner uses the mark, or that he
uses or permits its use in contravention of the agreements referred to in Subsection 166.2 or that he uses or
permits its use in a manner liable to deceive trade circles or the public as to the origin or any other common
characteristics of the goods or services concerned.

167.4. The registration of a collective mark or an application therefor shall not be the subject of a license
contract. (Sec. 40, R.A. No. 166a)

Section 168. Unfair Competition, Rights, Regulation and Remedies. –

168.1. A person who has identified in the mind of the public the goods he manufactures or deals in, his business
or services from those of others, whether or not a registered mark is employed, has a property right in the
goodwill of the said goods, business or services so identified, which will be protected in the same manner as
other property rights.

168.2. Any person who shall employ deception or any other means contrary to good faith by which he shall pass
off the goods manufactured by him or in which he deals, or his business, or services for those of the one having

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established such goodwill, or who shall commit any acts calculated to produce said result, shall be guilty of
unfair competition, and shall be subject to an action therefor.

168.3. In particular, and without in any way limiting the scope of protection against unfair competition, the
following shall be deemed guilty of unfair competition:

a. Any person, who is selling his goods and gives them the general appearance of goods of another
manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which they
are contained, or the devices or words thereon, or in any other feature of their appearance, which would be
likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other
than the actual manufacturer or dealer, or who otherwise clothes the goods with such appearance as shall
deceive the public and defraud another of his legitimate trade, or any subsequent vendor of such goods or any
agent of any vendor engaged in selling such goods with a like purpose;

b. Any person who by any artifice, or device, or who employs any other means calculated to induce the false
belief that such person is offering the services of another who has identified such services in the mind of the
public; or

c. Any person who shall make any false statement in the course of trade or who shall commit any other act
contrary to good faith of a nature calculated to discredit the goods, business or services of another.

168.4. The remedies provided by Sections 156, 157 and 161 shall apply mutatis mutandis. (Sec. 29, R.A. No.
166a)

Section 169. False Designations of Origin; False Description or Representation. –

169.1. Any person who, on or in connection with any goods or services, or any container for goods, uses in
commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of
origin, false or misleading description of fact, or false or misleading representation of fact, which:

a. Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or

association of such person with another person, or as to the origin, sponsorship, or approval of his or her
goods, services, or commercial activities by another person; or

b. In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic

origin of his or her or another person's goods, services, or commercial activities, shall be liable to a civil
action for damages and injunction provided in Sections 156 and 157 of this Act by any person who believes
that he or she is or is likely to be damaged by such act.

169.2. Any goods marked or labeled in contravention of the provisions of this Section shall not be imported into
the Philippines or admitted entry at any customhouse of the Philippines. The owner, importer, or consignee of
goods refused entry at any customhouse under this section may have any recourse under the customs revenue
laws or may have the remedy given by this Act in cases involving goods refused entry or seized. (Sec. 30, R.A.
No. 166a)

Section 170. Penalties. – Independent of the civil and administrative sanctions imposed by law, a criminal penalty of
imprisonment from two (2) years to five (5) years and a fine ranging from Fifty thousand pesos (P50,000) to Two
hundred thousand pesos (P200,000), shall be imposed on any person who is found guilty of committing any of the
acts mentioned in Section 155, Section 168 and Subsection 169.1. (Arts. 188 and 189, Revised Penal Code)

PART IV
THE LAW ON COPYRIGHT

CHAPTER I
PRELIMINARY PROVISIONS

Section 171. Definitions. – For the purpose of this Act, the following terms have the following meaning:

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171.1. "Author" is the natural person who has created the work;

171.2. A "collective work" is a work which has been created by two (2) or more natural persons at the initiative
and under the direction of another with the understanding that it will be disclosed by the latter under his own
name and that contributing natural persons will not be identified;

171.3. "Communication to the public" or "communicate to the public" means any communication to the public,
including broadcasting, rebroadcasting, retransmitting by cable, broadcasting and retransmitting by satellite, and
includes the making of a work available to the public by wire or wireless means in such a way that members of
the public may access these works from a place and time individually chosen by them; [§4-
RA10372[2013].awss] 24

171.4. A "computer" is an electronic or similar device having information-processing capabilities, and a

"computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is
capable when incorporated in a medium that the computer can read, of causing the computer to perform or
achieve a particular task or result;

171.5. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a
limited period, for non-profit purposes, by an institution, the services of which are available to the public, such
as public library or archive;

171.6. "Public performance," in the case of a work other than an audiovisual work, is the recitation, playing,
dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the
case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying
it audible; and, in the case of a sound recording, making the recorded sounds audible at a place or at places
where persons outside the normal circle of a family and that family's closest social acquaintances are or can be
present, irrespective of whether they are or can be present at the same place and at the same time, or at different
places and/or at different times, and where the performance can be perceived without the need for
communication within the meaning of Subsection 171.3;

171.7. "Published works" mean works, which with the consent of the authors, are made available to the public by
wire or wireless means in such a way that members of the public may access these works from a place and time
individually chosen by them: Provided, That availability of such copies has been such, as to satisfy the
reasonable requirements of the public, having regard to the nature of the work;

171.8. "Rental" is the transfer of the possession of the original or a copy of a work or a sound recording for a
limited period of time, for profit-making purposes;

171.9. "Reproduction" is the making of one (1) or more copies, temporary or permanent, in whole or in part, of a
work or a sound recording in any manner or form without prejudice to the provisions of Section 185 of this Act;
(Sec. 41 (E), P.D. No. 49a) [§5-RA10372[2013].awss] 25

171.10. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article,
whether made by hand or produced on an industrial scale;

171.11. A "work of the Government of the Philippines" is a work created by an officer or employee of the
Philippine Government or any of its subdivisions and instrumentalities, including government-owned or
controlled corporations as a part of his regularly prescribed official duties.

171.12. "Technological measure" means any technology, device or component that, in the normal course of its
operation, restricts acts in respect of a work, performance or sound recording, which are not authorized by the
authors, performers or producers of sound recordings concerned or permitted by law; [§6-
RA10372[2013].adwss] 26

171.13. "Rights management information" means information which identifies the work, sound recording or
performance; the author of the work, producer of the sound recording or performer of the performance; the

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owner of any right in the work, sound recording or performance; or information about the terms and conditions
of the use of the work, sound recording or performance; and any number or code that represent such information,
when any of these items is attached to a copy of the work, sound recording or fixation of performance or appears
in conjunction with the communication to the public of a work, sound recording or performance. [§6-
RA10372[2013].adwss] 27

CHAPTER II
ORIGINAL WORKS

Section 172. Literary and Artistic Works. –

172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the
literary and artistic domain protected from the moment of their creation and shall include in particular:

a. Books, pamphlets, articles and other writings;

b. Periodicals and newspapers;

c. Lectures, sermons, addresses, dissertations prepared for oral delivery whether or not reduced in writing or
other material form;

d. Letters;

e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;

f. Musical compositions, with or without words;

g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models
or designs for works of art;

h. Original ornamental designs or models for articles of manufacture, whether or not registrable as an
industrial design, and other works of applied art;

i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography,
architecture or science;

j. Drawings or plastic works of a scientific or technical character;

k. Photographic works including works produced by a process analogous to photography; lantern slides;

l. Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings;

m. Pictorial illustrations and advertisements;

n. Computer programs; and

o. Other literary, scholarly, scientific and artistic works.

172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as
well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a)

CHAPTER III
DERIVATIVE WORKS

Section 173. Derivative Works. –

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173.1. The following derivative works shall also be protected by copyright:

a. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or

artistic works; and

b. Collections of literary, scholarly or artistic works, and compilations of data and other materials which are
original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, (P) and (Q), P.D.
No. 49)

173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new
works:Provided however, That such new work shall not affect the force of any subsisting copyright upon the
original works employed or any part thereof, or be construed to imply any right to such use of the original works,
or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10, TRIPS)

Section 174. Published Edition of Work. – In addition to the right to publish granted by the author, his heirs, or
assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the typographical
arrangement of the published edition of the work. (n)

CHAPTER IV
WORKS NOT PROTECTED

Section 175. Unprotected Subject Matter. – Notwithstanding the provisions of Sections 172 and 173, no protection
shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle, discovery or
mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and
other miscellaneous facts having the character of mere items of press information; or any official text of a
legislative, administrative or legal nature, as well as any official translation thereof. (n)

Section 176. Works of the Government. –

176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of
the government agency or office wherein the work is created shall be necessary for exploitation of such work for
profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior
approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and
speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice,
before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, first par.,
P.D. No. 49)

176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding
paragraphs shall have the exclusive right of making a collection of his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding
copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the
Government in a public document of any work in which copyright is subsisting be taken to cause any abridgment
or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the
copyright owner. (Sec. 9, third par., P.D. No. 49)

CHAPTER V
COPYRIGHT OR ECONOMIC RIGHTS

Section 177. Copyright or Economic Rights. – Subject to the provisions of Chapter VIII, copyright or economic
rights shall consist of the exclusive right to carry out authorize or prevent the following acts:

177.1. Reproduction of the work or substantial portion of the work;

177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;

177.3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of

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ownership;

177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound
recording, a computer program, a compilation of data and other materials or a musical work in graphic form,
irrespective of the ownership of the original or the copy which is the subject of the rental, (n)

177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

177.7. Other communication to the public of the work. (Sec. 5, P.D. No. 49a)

CHAPTER VI
OWNERSHIP OF COPYRIGHT

Section 178. Rules on Copyright Ownership. – Copyright ownership shall be governed by the following rules:

178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall
belong to the author of the work;

178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in
the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of
joint authorship consists of parts that can be used separately and the author of each part can be identified, the
author of each part shall be the original owner of the copyright in the part that he has created;

178.3. In the case of work created by an author during and in the course of his employment, the copyright shall
belong to:

a. The employee, if the creation of the object of copyright is not a part of his regular duties even if the
employee uses the time, facilities and materials of the employer.

b. The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is
an agreement, expressed or implied, to the contrary.

178.4. In the case of a work commissioned by a person other than an employer of the author and who pays for it
and the work is made in pursuance of the commission, the person who so commissioned the work shall have
ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written
stipulation to the contrary;

178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the
composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or
other stipulations among the creators, the producer shall exercise the copyright to an extent required for the
exhibition of the work in any manner, except for the right to collect performing license fees for the performance
of musical compositions, with or without words, which are incorporated into the work; and

178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of Article 723 of the
Civil Code. (Sec. 6, P.D. No. 49a)

Section 179. Anonymous and Pseudonymous Works. – For purposes of this Act, the publishers shall be deemed to
represent the authors of articles and other writings published without the names of the authors or under pseudonyms,
unless the contrary appears, or the pseudonyms or adopted name leaves no doubt as to the author's identity, or if the
author of the anonymous works discloses his identity. (Sec. 7, P.D. 49)

CHAPTER VII
TRANSFER, ASSIGNMENT AND LICENSING OF COPYRIGHT
[§7-RA10372[2013].at] 28

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Section 180. Rights of Assignee or Licensee. –

180.1. The copyright may be assigned or licensed in whole or in part. Within the scope of the assignment or
license, the assignee or licensee is entitled to all the rights and remedies which the assignor or licensor had with
respect to the copyright.

180.2. The copyright is not deemed assigned or licensed inter vivos, in whole or in part, unless there is a written
indication of such intention.

180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for
publication shall constitute only a license to make a single publication unless a greater right is expressly granted.
If two (2) or more persons jointly own a copyright or any part thereof, neither of the owners shall be entitled to
grant licenses without the prior written consent of the other owner or owners. (Sec. 15, P.D. No. 49a)

180.4. Any exclusivity in the economic rights in a work may be exclusively licensed. Within the scope of the
exclusive license, the licensee is entitled to all the rights and remedies which the licensor had with respect to the
copyright.

180.5. The copyright owner has the right to regular statements of accounts from the assignee or the licensee with
regard to assigned or licensed work. [§8-RA10372[2013].apws] 29

Section 181. Copyright and Material Object. – The copyright is distinct from the property in the material object
subject to it. Consequently, the transfer, assignment or licensing of the copyright shall not itself constitute a transfer
of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work
imply transfer, assignment or licensing of the copyright. (Sec. 16, P.D. No. 49) [§9-RA10372[2013].aws] 30

Section 182. Filing of Assignment or License. – An assignment or exclusive license may be filed in duplicate with
the National Library upon payment of the prescribed fee for registration in books and records kept for the purpose.
Upon recording, a copy of the instrument shall be returned to the sender with a notation of the fact of record. Notice
of the record shall be published in the IPO Gazette. (Sec. 19, P.D. No. 49a)

Section 183. Designation of Society. – The owners of copyright and related rights or their heirs may designate a
society of artists, writers, composers and other right-holders to collectively manage their economic or moral rights
on their behalf. For the said societies to enforce the rights of their members, they shall first secure the necessary
accreditation from the Intellectual Property Office. (Sec. 32, P.D. No. 49a) [§10-RA10372[2013].aws] 31

CHAPTER VIII
LIMITATIONS ON COPYRIGHT

Section 184. Limitations on Copyright. –

184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of
copyright:

a. The recitation or performance of a work, once it has been lawfully made accessible to the public, if done
privately and free of charge or if made strictly for a charitable or religious institution or society; (Sec. 10(1),
P.D. No. 49)

b. The making of quotations from a published work if they are compatible with fair use and only to the extent
justified for the purpose, including quotations from newspaper articles and periodicals in the form of press
summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned;
(Sec. 11, third par., P.D. No. 49)

c. The reproduction or communication to the public by mass media of articles on current political, social,
economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are
delivered in public if such use is for information purposes and has not been expressly reserved: Provided,
That the source is clearly indicated; (Sec. 11, P.D. No. 49)

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d. The reproduction and communication to the public of literary, scientific or artistic works as part of reports
of current events by means of photography, cinematography or broadcasting to the extent necessary for the
purpose; (Sec. 12, P.D. No. 49)

e. The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording
or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair
use:Provided, That the source and of the name of the author, if appearing in the work, are mentioned;

f. The recording made in schools, universities, or educational institutions of a work included in a broadcast
for the use of such schools, universities or educational institutions: Provided, That such recording must be
deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may
not be made from audiovisual works which are part of the general cinema repertoire of feature films except
for brief excerpts of the work;

g. The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for
use in its own broadcast;

h. The use made of a work by or under the direction or control of the Government, by the National Library or
by educational, scientific or professional institutions where such use is in the public interest and is
compatible with fair use;

i. The public performance or the communication to the public of a work, in a place where no admission fee is
charged in respect of such public performance or communication, by a club or institution for charitable or
educational purpose only, whose aim is not profit making, subject to such other limitations as may be
provided in the Regulations; (n)

j. Public display of the original or a copy of the work not made by means of a film, slide, television image or
otherwise on screen or by means of any other device or process: Provided, That either the work has been
published, or, that the original or the copy displayed has been sold, given away or otherwise transferred to
another person by the author or his successor in title; and

k. Any use made of a work for the purpose of any judicial proceedings or for the giving of professional
advice by a legal practitioner.

l. The reproduction or distribution of published articles or materials in a specialized format exclusively for
the use of the blind, visually- and reading-impaired persons: Provided, That such copies and distribution shall
be made on a nonprofit basis and shall indicate the copyright owner and the date of the original publication.
[§11-RA10372[2013].adwss] 32

184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used in a
manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice
the right holder's legitimate interests.

Section 185. Fair Use of a Copyrighted Work. –

185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited
number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of
copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the
forms of a computer program to achieve the interoperability of an independently created computer program with
other programs may also constitute fair use under the criteria established by this section, to the extent that such
decompilation is done for the purpose of obtaining the information necessary to achieve such interoperability.

In determining whether the use made of a work in any particular case is fair use, the factors to be considered
shall include:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-

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profit educational purposes;

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The effect of the use upon the potential market for or value of the copyrighted work. [§12-
RA10372[2013].apss] 33

185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon
consideration of all the above factors.

Section 186. Work of Architecture. – Copyright in a work of architecture shall include the right to control the
erection of any building which reproduces the whole or a substantial part of the work either in its original form or in
any form recognizably derived from the original: Provided, That the copyright in any such work shall not include the
right to control the reconstruction or rehabilitation in the same style as the original of a building to which that
copyright relates. (n)

Section 187. Reproduction of Published Work. –

187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2, the
private reproduction of a published work in a single copy, where the reproduction is made by a natural person
exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright
in the work.

187.2. The permission granted under Subsection 187.1 shall not extend to the reproduction of:

a. A work of architecture in the form of building or other construction;

b. An entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means;

c. A compilation of data and other materials;

d. A computer program except as provided in Section 189; and

e. Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work
or would otherwise unreasonably prejudice the legitimate interests of the author. (n)

Section 188. Reprographic Reproduction by Libraries. –

188.1. Notwithstanding the provisions of Subsection 177.1., any library or archive whose activities are not for
profit may, without the authorization of the author or copyright owner, make a limited number of copies of the
work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:

a. Where the work by reason of its fragile character or rarity cannot be lent to user in its original form;

b. Where the works are isolated articles contained in composite works or brief portions of other published
works and the reproduction is necessary to supply them, when this is considered expedient, to persons
requesting their loan for purposes of research or study instead of lending the volumes or booklets which
contain them; and

c. Where the making of such limited copies is in order to preserve and, if necessary in the event that it is lost,
destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar
library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available
with the publisher. [§13-RA10372[2013].apss] 34

188.2. Notwithstanding the above provisions, it shall not be permissible to produce a volume of a work

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published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the
volume, tome or part is out of stock: Provided, That every library which, by law, is entitled to receive copies of a
printed work, shall be entitled, when special reasons so require, to reproduce a copy of a published work which
is considered necessary for the collection of the library but which is out of stock. (Sec. 13, P.D. 49a)

Section 189. Reproduction of Computer Program. –

189.1. Notwithstanding the provisions of Section 177, the reproduction in one (1) back-up copy or adaptation of
a computer program shall be permitted, without the authorization of the author of, or other owner of copyright in,
a computer program, by the lawful owner of that computer program: Provided, That the copy or adaptation is
necessary for:

a. The use of the computer program in conjunction with a computer for the purpose, and to the extent, for
which the computer program has been obtained; and

b. Archival purposes, and, for the replacement of the lawfully owned copy of the computer program in the
event that the lawfully obtained copy of the computer program is lost, destroyed or rendered unusable.

189.2. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones
determined in this Section, and any such copy or adaptation shall be destroyed in the event that continued
possession of the copy of the computer program ceases to be lawful.

189.3. This provision shall be without prejudice to the application of Section 185 whenever appropriate. (n)

Section 190. Importation and Exportation of Infringing Materials.– Importation and Exportation of Infringing
Materials. – Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby empowered
to make rules and regulations for preventing the importation or exportation of infringing articles prohibited under
Part IV of this Act and under relevant treaties and conventions to which the Philippines may be a party and for
seizing and condemning and disposing of the same in case they are discovered after they have been imported or
before they are exported. (Sec. 30, P.D. No. 49) [§§14 and 15-RA10372[2013].aws] 35

CHAPTER IX
DEPOSIT AND NOTICE

Section 191. Deposit and Notice of Deposit with the National Library and the Supreme Court Library. – At any time
during the subsistence of the copyright, the owner of the copyright or of any exclusive right in the work may, for the
purpose of completing the records of the National Library and the Supreme Court Library, register and deposit with
them, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form
as the Directors of the said libraries may prescribe in accordance with regulations: Provided, That only works in the
field of law shall be deposited with the Supreme Court Library. Such registration and deposit is not a condition of
copyright protection. (Sec. 26, P.D. No. 49a) [§16-RA10372[2013].aws] 36

Section 192. Notice of Copyright. – Each copy of a work published or offered for sale may contain a notice bearing
the name of the copyright owner, and the year of its first publication, and, in copies produced after the creator's
death, the year of such death. (Sec. 27, P.D. No. 49a)

CHAPTER X
MORAL RIGHTS

Section 193. Scope of Moral Rights. – The author of a work shall, independently of the economic rights in Section
177 or the grant of an assignment or license with respect to such right, have the right:

193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as
far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his
work;

193.2. To make any alterations of his work prior to, or to withhold it from publication;

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193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to,
his work which would be prejudicial to his honor or reputation; and

193.4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version
of his work. (Sec. 34, P.D. No. 49)

Section 194. Breach of Contract. – An author cannot be compelled to perform his contract to create a work or for the
publication of his work already in existence. However, he may be held liable for damages for breach of such
contract. (Sec. 35, P.D. No. 49)

Section 195. Waiver of Moral Rights. – An author may waive his rights mentioned in Section 193 by a written
instrument, but no such waiver shall be valid where its effects is to permit another:

195.1. To use the name of the author, or the title of his work, or otherwise to make use of his reputation with
respect to any version or adaptation of his work which, because of alterations therein, would substantially tend to
injure the literary or artistic reputation of another author; or

195.2. To use the name of the author with respect to a work he did not create. (Sec. 36, P.D. No. 49)

Section 196. Contribution to Collective Work. – When an author contributes to a collective work, his right to have
his contribution attributed to him is deemed waived unless he expressly reserves it. (Sec. 37, P.D. No. 49)

Section 197. Editing, Arranging and Adaptation of Work. – In the absence of a contrary stipulation at the time an
author licenses or permits another to use his work, the necessary editing, arranging or adaptation of such work, for
publication, broadcast, use in a motion picture, dramatization, or mechanical or electrical reproduction in accordance
with the reasonable and customary standards or requirements of the medium in which the work is to be used, shall
not be deemed to contravene the author's rights secured by this chapter. Nor shall complete destruction of a work
unconditionally transferred by the author be deemed to violate such rights. (Sec. 38, P.D. No. 49)

Section 198. Term of Moral Rights. –

198.1. The right of an author under Section 193.1. shall last during the lifetime of the author and in perpetuity
after his death while the rights under Sections 193.2. 193.3. and 193.4. shall be coterminous with the economic
rights, the moral rights shall not be assignable or subject to license. The person or persons to be charged with the
posthumous enforcement of these rights shall be named in a written instrument which shall be filed with the
National Library. In default of such person or persons, such enforcement shall devolve upon either the author’s
heirs, and in default of the heirs, the Director of the National Library. [§17-RA10372[2013].awss] 37

198.2. For purposes of this Section, "Person" shall mean any individual, partnership, corporation, association, or
society. The Director of the National Library may prescribe reasonable fees to be charged for his services in the
application of provisions of this Section. (Sec. 39, P.D. No. 49)

Section 199. Enforcement Remedies. – Violation of any of the rights conferred by this Chapter shall entitle those
charged with their enforcement to the same rights and remedies available to a copyright owner. In addition, damages
which may be availed of under the Civil Code may also be recovered. Any damage recovered after the creator's
death shall be held in trust for and remitted to his heirs, and in default of the heirs, shall belong to the government.
(Sec. 40, P.D. No. 49)

CHAPTER XI
RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS

Section 200. Sale or Lease of Work. – In every sale or lease of an original work of painting or sculpture or of the
original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or
his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of five
percent (5%). This right shall exist during the lifetime of the author and for fifty (50) years after his death. (Sec. 31,
P.D. No. 49)

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Section 201. Works Not Covered. – The provisions of this Chapter shall not apply to prints, etchings, engravings,
works of applied art, or works of similar kind wherein the author primarily derives gain from the proceeds of
reproductions. (Sec. 33, P.D. No. 49)

CHAPTER XII
RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING
ORGANIZATIONS

Section 202. Definitions. – For the purpose of this Act, the following terms shall have the following meanings:

202.1. "Performers" are actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in,
interpret, or otherwise perform literary and artistic work;

202.2. "Sound recording" means the fixation of the sounds of a performance or of other sounds, or representation
of sound, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;

202.3. An "audiovisual work or fixation" is a work that consists of a series of related images which impart the
impression of motion, with or without accompanying sounds, susceptible of being made visible and, where
accompanied by sounds, susceptible of being made audible;

202.4. "Fixation" means the embodiment of sounds, or of the representations thereof, from which they can be
perceived, reproduced or communicated through a device;

202.5. "Producer of a sound recording" means the person, or the legal entity, who or which takes the initiative
and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the
representation of sounds;

202.6. "Publication of a fixed performance or a sound recording" means the offering of copies of the fixed
performance or the sound recording to the public, with the consent of the right holder: Provided, that copies are
offered to the public in reasonable quality;

202.7. "Broadcasting" means the transmission by wireless means for the public reception of sounds or of images
or of representations thereof; such transmission by satellite is also "broadcasting" where the means for
decrypting are provided to the public by the broadcasting organization or with its consent;

202.8. "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage
in broadcasting; and

202.9. "Communication to the public of a performance or a sound recording" means the transmission to the
public, by any medium, otherwise than by broadcasting, of sounds of a performance or the representations of
sounds fixed in a sound recording. For purposes of Section 209, "communication to the public" includes making
the sounds or representations of sounds fixed in a sound recording audible to the public.

Section 203. Scope of Performers' Rights. – Subject to the provisions of Section 212, performers shall enjoy the
following exclusive rights:

203.1. As regards their performances, the right of authorizing:

a. The broadcasting and other communication to the public of their performance; and

b. The fixation of their unfixed performance.

203.2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound
recordings or audiovisual works or fixations in any manner or form;

203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original

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and copies of their performance fixed in sound recordings or audiovisual works or fixations through sale or
rental of other forms of transfer of ownership;

203.4. The right of authorizing the commercial rental to the public of the original and copies of their
performances fixed in sound recordings or audiovisual works or fixations, even after distribution of them by, or
pursuant to the authorization by the performer; and

203.5. The right of authorizing the making available to the public of their performances fixed in sound
recordings or audiovisual works or fixations, by wire or wireless means, in such a way that members of the
public may access them from a place and time individually chosen by them. (Sec. 42, P.D. No. 49a) [§18-
RA10372[2013].aps] 38

Section 204. Moral Rights of Performers. –

204.1. Independently of a performer’s economic rights, the performer shall, as regards his live aural
performances or performances fixed in sound recordings or in audiovisual works or fixations, have the right to
claim to be identified as the performer of his performances, except where the omission is dictated by the manner
of the use of the performance, and to object to any distortion, mutilation or other modification of his
performances that would be prejudicial to his reputation. [§19-RA10372[2013].apss] 39

204.2. The rights granted to a performer in accordance with Subsection 203.1 shall be maintained and exercised
fifty (50) years after his death, by his heirs, and in default of heirs, the Government, where protection is claimed.
(Sec. 43, P.D. No. 49)

Section 205. Limitation on Right. –

205.1. Subject to the provisions of Section 206, once the performer has authorized the broadcasting or fixation of
his performance, the provisions of Sections 203 shall have no further application.

205.2. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. (n)

Section 206. Additional Remuneration for Subsequent Communications or Broadcasts. – Unless otherwise provided
in the contract, in every communication to the public or broadcast of a performance subsequent to the first
communication or broadcast thereof by the broadcasting organization, the performer shall be entitled to an
additional remuneration equivalent to at least five percent (5%) of the original compensation he or she received for
the first communication or broadcast. (n)

Section 207. Contract Terms. – Nothing in this Chapter shall be construed to deprive performers of the right to agree
by contracts on terms and conditions more favorable for them in respect of any use of their performance. (n)

CHAPTER XIII
PRODUCERS OF SOUND RECORDINGS

Section 208. Scope of Right. – Subject to the provisions of Section 212, producers of sound recordings shall enjoy
the following exclusive rights:

208.1. The right to authorize the direct or indirect reproduction of their sound recordings, in any manner or form;
the placing of these reproductions in the market and the right of rental or lending;

208.2. The right to authorize the first public distribution of the original and copies of their sound recordings
through sale or rental or other forms of transferring ownership; and

208.3. The right to authorize the commercial rental to the public of the original and copies of their sound
recordings, even after distribution by them by or pursuant to authorization by the producer. (Sec. 46, P.D. No.
49a)

208.4. The right to authorize the making available to the public of their sound recordings in such a way that

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members of the public may access the sound recording from a place and at a time individually chosen or selected
by them, as well as other transmissions of a sound recording with like effect. [§20-RA10372[2013].adwss] 40

Section 209. Communication to the Public. – If a sound recording published for commercial purposes, or a
reproduction of such sound recording, is used directly for broadcasting or for other communication to the public, or
is publicly performed with the intention of making and enhancing profit, a single equitable remuneration for the
performer or performers, and the producer of the sound recording shall be paid by the user to both the performers
and the producer, who, in the absence of any agreement shall share equally. (Sec. 47, P.D. No. 49a)

Section 210. Limitation of Right. – Sections 184 and 185 shall apply mutatis mutandis to the producer of sound
recordings. (Sec. 48, P.D. No. 49a)

CHAPTER XIV
BROADCASTING ORGANIZATIONS

Section 211. Scope of Right. – Subject to the provisions of Section 212, broadcasting organizations shall enjoy the
exclusive right to carry out, authorize or prevent any of the following acts:

211.1. The rebroadcasting of their broadcasts;

211.2. The recording in any manner, including the making of films or the use of video tape, of their broadcasts
for the purpose of communication to the public of television broadcasts of the same; and

211.3. The use of such records for fresh transmissions or for fresh recording. (Sec. 52, P.D. No. 49)

CHAPTER XV
LIMITATIONS ON PROTECTION

Section 212. Limitations on Rights. – The provisions of Chapter VIII shall apply mutatis mutandis to the rights of
performers, producers of sound recordings and broadcasting organizations. [§21-RA10372[2013].aws] 41

CHAPTER XVI
TERM OF PROTECTION
Section 213. Term of Protection. –

213.1. Subject to the provisions of Subsections 213.2 to 213.5, the copyright in works under Sections 172 and
173 shall be protected during the life of the author and for fifty (50) years after his death. This rule also applies
to posthumous works. (Sec. 21, first sentence, P.D. No. 49a)

213.2. In case of works of joint authorship, the economic rights shall be protected during the life of the last
surviving author and for fifty (50) years after his death. (Sec. 21, second sentence, P.D. No. 49)

213.3. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from
the date on which the work was first lawfully published: Provided, That where, before the expiration of the said
period, the author's identity is revealed or is no longer in doubt, the provisions of Subsections 213.1 and 213.2
shall apply, as the case maybe: Provided, further, That such works if not published before shall be protected for
fifty (50) years counted from the making of the work. (Sec. 23, P.D. No. 49)

213.4. In case of works of applied art, the protection shall be for a period of twenty-five (25) years from the date
of making. (Sec. 24(B), P.D. No. 49a)

213.5. In case of photographic works, the protection shall be for fifty (50) years from publication of the work
and, if unpublished, fifty (50) years from the making. (Sec. 24(C), P.D. 49a)

213.6. In case of audio-visual works including those produced by process analogous to photography or any
process for making audio-visual recordings, the term shall be fifty (50) years from the date of publication and, if
unpublished, from the date of making. (Sec. 24(C), P.D. No. 49a)

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Section 214. Calculation of Term. – The term of protection subsequent to the death of the author provided in the
preceding Section shall run from the date of his death or of publication, but such terms shall always be deemed to
begin on the first day of January of the year following the event which gave rise to them. (Sec. 25, P.D. No. 49)

Section 215. Term of Protection for Performers, Producers and Broadcasting Organizations. –

215.1. The rights granted to performers and producers of sound recordings under this law shall expire:

a. For performances not incorporated in recordings, fifty (50) years from the end of the year in which the
performance took place; and

b. For sound or image and sound recordings and for performances incorporated therein, fifty (50) years from
the end of the year in which the recording took place.

215.2. In case of broadcasts, the term shall be twenty (20) years from the date the broadcast took place. The
extended term shall be applied only to old works with subsisting protection under the prior law. (Sec. 55, P.D.
No. 49a)

CHAPTER XVII
INFRINGEMENT

Section 216. Infringement. – A person infringes a right protected under this Act when one:

(a) Directly commits an infringement;

(b) Benefits from the infringing activity of another person who commits an infringement if the person
benefiting has been given notice of the infringing activity and has the right and ability to control the activities
of the other person;

(c) With knowledge of infringing activity, induces, causes or materially contributes to the infringing conduct
of another.

216.1. Remedies for Infringement. – Any person infringing a right protected under this law shall be liable:

a. To an injunction restraining such infringement. The court may also order the defendant to desist from an
infringement, among others, to prevent the entry into the channels of commerce of imported goods that
involve an infringement, immediately after customs clearance of such goods.

b. To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and
other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have
made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and
the defendant shall be required to prove every element of cost which he claims, or, in lieu of actual damages
and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty:
Provided, That the amount of damages to be awarded shall be doubled against any person who:

(i) Circumvents effective technological measures; or

(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement,
remove or alter any electronic rights management information from a copy of a work, sound recording, or
fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public
works or copies of works without authority, knowing that electronic rights management information has
been removed or altered without authority.

xxx

The copyright owner may elect, at any time before final judgment is rendered, to recover instead of actual

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damages and profits, an award of statutory damages for all infringements involved in an action in a sum
equivalent to the filing fee of the infringement action but not less than Fifty thousand pesos (Php50,000.00).
In awarding statutory damages, the court may consider the following factors:

(1) The nature and purpose of the infringing act;

(2) The flagrancy of the infringement;

(3) Whether the defendant acted in bad faith;

(4) The need for deterrence;

(5) Any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and

(6) Any benefit shown to have accrued to the defendant by reason of the infringement.

In case the infringer was not aware and had no reason to believe that his acts constitute an infringement of
copyright, the court in its discretion may reduce the award of statutory damages to a sum of not more than
Ten thousand pesos (Php10,000.00): Provided, That the amount of damages to be awarded shall be doubled
against any person who:

(i) Circumvents effective technological measures; or

(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement,
remove or alter any electronic rights management information from a copy of a work, sound recording, or
fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public
works or copies of works without authority, knowing that electronic rights management information has
been removed or altered without authority.

c. Deliver under oath, for impounding during the pendency of the action, upon such terms and conditions as
the court may prescribe, sales invoices and other documents evidencing sales, all articles and their packaging
alleged to infringe a copyright and implements for making them.

d. Deliver under oath for destruction without any compensation all infringing copies or devices, as well as all
plates, molds, or other means for making such infringing copies as the court may order.

e. Such other terms and conditions, including the payment of moral and exemplary damages, which the court
may deem proper, wise and equitable and the destruction of infringing copies of the work even in the event of
acquittal in a criminal case.

216.2. In an infringement action, the court shall also have the power to order the seizure and impounding of any
article which may serve as evidence in the court proceedings, in accordance with the rules on search and seizure
involving violations of intellectual property rights issued by the Supreme Court. (Sec. 28, P.D. No. 49a)

The foregoing shall not preclude an independent suit for relief by the injured party by way of damages,
injunction, accounts or otherwise. [§22-RA10372[2013].aps] 42

Section 217. Criminal Penalties. –

217.1. Any person infringing any right secured by provisions of Part IV of this Act or aiding or abetting such
infringement shall be guilty of a crime punishable by:

a. Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50,000) to
One hundred fifty thousand pesos (P150,000) for the first offense.

b. Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty
thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the second offense.

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c. Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from Five hundred
thousand pesos (P500,000) to One million five hundred thousand pesos (P1,500,000) for the third and
subsequent offenses.

d. In all cases, subsidiary imprisonment in cases of insolvency.

217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the
value of the infringing materials that the defendant has produced or manufactured and the damage that the
copyright owner has suffered by reason of the infringement: Provided, That the respective maximum penalty
stated in Section 217.1. (a), (b) and (c) herein for the first, second, third and subsequent offense, shall be
imposed when the infringement is committed by:

(a) The circumvention of effective technological measures;

(b) The removal or alteration of any electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, by a person, knowingly and without authority; or

(c) The distribution, importation for distribution, broadcast, or communication to the public of works or
copies of works, by a person without authority, knowing that electronic rights management information has
been removed or altered without authority. [§23-RA10372[2013].awss] 43

217.3. Any person who at the time when copyright subsists in a work has in his possession an article which he
knows, or ought to know, to be an infringing copy of the work for the purpose of:

a. Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article;

b. Distributing the article for purpose of trade, or for any other purpose to an extent that will prejudice the
rights of the copyright owner in the work; or

c. Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on conviction to
imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a)

Section 218. Affidavit Evidence. –

218.1. In an action under this Chapter, an affidavit made before a notary public by or on behalf of the owner of
the copyright in any work or other subject matter and stating that:

a. At the time specified therein, copyright subsisted in the work or other subject matter;

b. He or the person named therein is the owner of the copyright; and

c. The copy of the work or other subject matter annexed thereto is a true copy thereof.

The affidavit shall be admitted in evidence in any proceedings under this Chapter and shall be prima facie
proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is
produced shall assume that the affidavit was made by or on behalf of the owner of the copyright. [§24-
RA10372[2013].apss] 44

218.2. In an action under this Chapter:

a. Copyright shall be presumed to subsist in the work or other subject matter to which the action relates if the
defendant does not put in issue the question whether copyright subsists in the work or other subject matter;

b. Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the owner of the
copyright if he claims to be the owner of the copyright and the defendant does not put in issue the question of
his ownership.

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c. Where the defendant, without good faith, puts in issue the questions of whether copyright subsists in a
work or other subject matter to which the action relates, or the ownership of copyright in such work or
subject matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that
any costs to the defendant in respect of the action shall not be allowed by him and that any costs occasioned
by the defendant to other parties shall be paid by him to such other parties. (n)

Section 219. Presumption of Authorship. –

219.1. The natural person whose name is indicated on a work in the usual manner as the author shall, in the
absence of proof to the contrary, be presumed to be the author of the work. This provision shall be applicable
even if the name is a pseudonym, where the pseudonym leaves no doubt as to the identity of the author.

219.2. The person or body corporate whose name appears on an audio-visual work in the usual manner shall, in
the absence of proof to the contrary, be presumed to be the maker of said work. (n)

Section 220. International Registration of Works. – A statement concerning a work, recorded in an international
register in accordance with an international treaty to which the Philippines is or may become a party, shall be
construed as true until the contrary is proved except:

220.1. Where the statement cannot be valid under this Act or any other law concerning intellectual property.

220.2. Where the statement is contradicted by another statement recorded in the international register. (n)

Section 220A. Disclosure of Information. – Where any article or its packaging or an implement for making it is
seized or detained under a valid search and seizure under this Act is, or is reasonably suspected to be, by an
authorized enforcement officer, in violation of this Act, the said officer, shall, wherever reasonably practicable,
notify the owner of the copyright in question or his authorized agent of the seizure or detention, as the case may be.
[§25-RA10372[2013].adws] 45

CHAPTER XVIII
SCOPE OF APPLICATION

Section 221. Points of Attachment for Works under Sections 172 and 173. –

221.1. The protection afforded by this Act to copyrightable works under Sections 172 and 173 shall apply to:

a. Works of authors who are nationals of, or have their habitual residence in, the Philippines;

b. Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines;

c. Works of architecture erected in the Philippines or other artistic works incorporated in a building or other
structure located in the Philippines;

d. Works first published in the Philippines; and

e. Works first published in another country but also published in the Philippines within thirty days,
irrespective of the nationality or residence of the authors.

221.2. The provisions of this Act shall also apply to works that are to be protected by virtue of and in accordance
with any international convention or other international agreement to which the Philippines is a party. (n)

Section 222. Points of Attachment for Performers. – The provisions of this Act on the protection of performers shall
apply to:

222.1. Performers who are nationals of the Philippines;

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222.2. Performers who are not nationals of the Philippines but whose performances:

a. Take place in the Philippines; or

b. Are incorporated in sound recordings that are protected under this Act; or

c. Which has not been fixed in sound recording but are carried by broadcast qualifying for protection under
this Act. (n)

Section 223. Points of Attachment for Sound Recordings. – The provisions of this Act on the protection of sound
recordings shall apply to:

223.1. Sound recordings the producers of which are nationals of the Philippines; and

223.2. Sound recordings that were first published in the Philippines. (n)

Section 224. Points of Attachment for Broadcasts. –

224.1, The provisions of this Act on the protection of broadcasts shall apply to:

a. Broadcasts of broadcasting organizations the headquarters of which are situated in the Philippines; and

b. Broadcasts transmitted from transmitters situated in the Philippines.

224.2. The provisions of this Act shall also apply to performers who, and to producers of sound recordings and
broadcasting organizations which, are to be protected by virtue of and in accordance with any international
convention or other international agreement to which the Philippines is a party. (n)

CHAPTER XIX
INSTITUTION OF ACTIONS

Section 225. Jurisdiction. – Without prejudice to the provisions of Subsection 7.1(c), actions under this Act shall be
cognizable by the courts with appropriate jurisdiction under existing law. (Sec. 57, P.D. No. 49a)

Section 226. Damages. – No damages may be recovered under this Act after the lapse of four (4) years from the
time the cause of action arose. (Sec. 58, P.D. No. 49) [§26-RA10372[2013].aws] 46

CHAPTER XX
MISCELLANEOUS PROVISIONS

Section 227. Ownership of Deposit and Instruments. – All copies deposited and instruments in writing filed with the
National Library and the Supreme Court Library in accordance with the provisions of this Act shall become the
property of the Government. (Sec. 60, P.D. No. 49)

Section 228. Public Records. – The section or division of the National Library and the Supreme Court Library
charged with receiving copies and instruments deposited and with keeping records required under this Act and
everything in it shall be opened to public inspection. The Director of the National Library is empowered to issue
such safeguards and regulations as may be necessary to implement this Section and other provisions of this Act.
(Sec. 61, P.D. No. 49)

Section 229. Copyright Division; Fees. – The Copyright Section of the National Library shall be classified as a
Division upon the effectivity of this Act. The National Library shall have the power to collect, for the discharge of
its services under this Act, such fees as may be promulgated by it from time to time subject to the approval of the
Department Head. (Sec. 62, P.D. 49a)

Section 230. Adoption of Intellectual Property (IP) Policies. – Schools and universities shall adopt intellectual
property policies that would govern the use and creation of intellectual property with the purpose of safeguarding the

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intellectual creations of the learning institution and its employees, and adopting locally-established industry practice
fair use guidelines. These policies may be developed in relation to licensing agreements entered into by the learning
institution with a collective licensing organization. [§27-RA10372[2013].adws] 47

PART V
FINAL PROVISIONS

Section 231. Equitable Principles to Govern Proceedings. – In all inter partes proceedings in the Office under this
Act, the equitable principles of laches, estoppel, and acquiescence where applicable, may be considered and applied.
(Sec. 9-A, R.A. No.165) [§28-RA10372[2013].num.prev230]

Section 232. Reverse Reciprocity of Foreign Laws. – Any condition, restriction, limitation, diminution, requirement,
penalty or any similar burden imposed by the law of a foreign country on a Philippine national seeking protection of
intellectual property rights in that country, shall reciprocally be enforceable upon nationals of said country, within
Philippine jurisdiction. (n) [§28-RA10372[2013].num.prev231]

Section 233. Appeals. –

233.1. Appeals from decisions of regular courts shall be governed by the Rules of Court. Unless restrained by a
higher court, the judgment of the trial court shall be executory even pending appeal under such terms and
conditions as the court may prescribe.

233.2. Unless expressly provided in this Act or other statutes, appeals from decisions of administrative officials
shall be provided in the Regulations. (n) [§28-RA10372[2013].num.prev232]

Section 234. Organization of the Office; Exemption from the Salary Standardization Law and the Attrition Law. –

234.1.The Office shall be organized within one (1) year after the approval of this Act. It shall not be subject to
the provisions of Republic Act No. 7430.

234.2. The Office shall institute its own compensation structure: Provided, That the Office shall make its own
system conform as closely as possible with the principles provided for under Republic Act No. 6758. (n) [§28-
RA10372[2013].num.prev233]

Section 235. Abolition of the Bureau of Patents, Trademarks, and Technology Transfer. – The Bureau of Patents,
Trademarks, and Technology Transfer under the Department of Trade and Industry is hereby abolished. All
unexpended funds and fees, fines, royalties and other charges collected for the calendar year, properties, equipment
and records of the Bureau of Patents, Trademarks and Technology Transfer, and such personnel as may be necessary
are hereby transferred to the Office. Personnel not absorbed or transferred to the Office shall enjoy the retirement
benefits granted under existing law, otherwise, they shall be paid the equivalent of one month basic salary for every
year of service, or the equivalent nearest fractions thereof favorable to them on the basis of the highest salary
received. (n) [§28-RA10372[2013].num.prev234]

Section 236. Applications Pending on Effective Date of Act. –

236.1. All applications for patents pending in the Bureau of Patents, Trademarks and Technology Transfer shall
be proceeded with and patents thereon granted in accordance with the Acts under which said applications were
filed, and said Acts are hereby continued to be enforced, to this extent and for this purpose only, notwithstanding
the foregoing general repeal thereof: Provided, That applications for utility models or industrial designs pending
at the effective date of this Act, shall be proceeded with in accordance with the provisions of this Act, unless the
applicants elect to prosecute said applications in accordance with the Acts under which they were filed.

236.2. All applications for registration of marks or trade names pending in the Bureau of Patents, Trademarks
and Technology Transfer at the effective date of this Act may be amended, if practicable to bring them under the
provisions of this Act. The prosecution of such applications so amended and the grant of registrations thereon
shall be proceeded with in accordance with the provisions of this Act. If such amendments are not made, the
prosecution of said applications shall be proceeded with and registrations thereon granted in accordance with the

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Acts under which said applications were filed, and said Acts are hereby continued in force to this extent for this
purpose only, notwithstanding the foregoing general repeal thereof. (n) [§28-RA10372[2013].num.prev235]

Section 237. Preservation of Existing Rights. –Nothing herein shall adversely affect the rights on the enforcement of
rights in patents, utility models, industrial designs, marks and works, acquired in good faith prior to the effective
date of this Act. (n) [§28-RA10372[2013].num.prev236]

Section 238. Notification on Berne Appendix. – The Philippines shall by proper compliance with the requirements
set forth under the Appendix of the Berne Convention (Paris Act, 1971) avail itself of the special provisions
regarding developing countries, including provisions for licenses grantable by competent authority under the
Appendix. (n) [§28-RA10372[2013].num.prev237]

Section 239. Appropriations. – The funds needed to carry out the provisions of this Act shall be charged to the
appropriations of the Bureau of Patents, Trademarks, and Technology Transfer under the current General
Appropriations Act and the fees, fines, royalties and other charges collected by the Bureau for the calendar year
pursuant to Sections 14.1 and 234 of this Act. Thereafter such sums as may be necessary for its continued
implementations shall be included in the annual General Appropriations Act. (n) [§28-
RA10372[2013].num.prev238]

Section 240. Repeals. –

240.1. All Acts and parts of Acts inconsistent herewith, more particularly Republic Act No. 165, as amended;
Republic Act No. 166, as amended; and Articles 188 and 189 of the Revised Penal Code; Presidential Decree No.
49, including Presidential Decree No. 285, as amended, are hereby repealed.

240.2 Marks registered under Republic Act No. 166 shall remain in force but shall be deemed to have been
granted under this Act and shall be due for renewal within the period provided for under this Act and, upon
renewal, shall be reclassified in accordance with the International Classification. Trade names and marks
registered in the Supplemental Register under Republic Act No. 166 shall remain in force but shall no longer be
subject to renewal.

240.3. The provisions of this Act shall apply to works in which copyright protection obtained prior to the
effectivity of this Act is subsisting: Provided, That the application of this Act shall not result in the diminution of
such protection. (n) [§28-RA10372[2013].num.prev239]

Section 241. Separability. – If any provision of this Act or the application of such provision to any circumstances is
held invalid, the remainder of the Act shall not be affected thereby. (n) [§28-RA10372[2013].num.prev240]

Section 242. Effectivity. – This Act shall take effect on 1 January 1998. (n) [§28-RA10372[2013].num.prev241]

Approved, June 6, 1997.

Prepared by BerneGuerrero (1.Mar.2014)

In case of conflict or inconsistencies with versions provided by the Philippine government, the version of the Government of the Republic of the
Philippines prevails.

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1 (1) Original (RA 8293 [1997]):

6.2. The Office shall be divided into six (6) Bureaus, each of which shall be headed by a Director and assisted by an Assistant Director. These
Bureaus are:
a. The Bureau of Patents;
b. The Bureau of Trademarks;
c. The Bureau of Legal Affairs;
d. The Documentation, Information and Technology Transfer Bureau;
e. The Management Information System and EDP Bureau; and
f. The Administrative, Financial and Personnel Services Bureau.

(2) Amendment (RA 10372 [2013]):

6.2. The Office shall be divided into seven (7) Bureaus, each of which shall be headed by a Director and assisted by an Assistant Director. These
Bureaus are:
xxx
f. The Administrative, Financial and Personnel Services Bureau; and
g. The Bureau of Copyright and Other Related Rights.
2 (1) Original (RA 8293 [1997]):

7.1. Functions. – The Director General shall exercise the following powers and functions:
a. Manage and direct all functions and activities of the Office, including the promulgation of rules and regulations to implement the
objectives, policies, plans, programs and projects of the Office: Provided, That in the exercise of the authority to propose policies and
standards in relation to the following: (1) the effective, efficient, and economical operations of the Office requiring statutory enactment; (2)
coordination with other agencies of government in relation to the enforcement of intellectual property rights; (3) the recognition of attorneys,
agents, or other persons representing applicants or other parties before the Office; and (4) the establishment of fees for the filing and
processing of an application for a patent, utility model or industrial design or mark or a collective mark, geographic indication and other
marks of ownership, and for all other services performed and materials furnished by the Office, the Director General shall be subject to the
supervision of the Secretary of Trade and Industry;
b. Exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal Affairs, the Director of Patents, the Director
of Trademarks, and the Director of the Documentation, Information and Technology Transfer Bureau. The decisions of the Director General
in the exercise of his appellate jurisdiction in respect of the decisions of the Director of Patents, and the Director of Trademarks shall be
appealable to the Court of Appeals in accordance with the Rules of Court; and those in respect of the decisions of the Director of
Documentation, Information and Technology Transfer Bureau shall be appealable to the Secretary of Trade and Industry; and
c. Exercise original jurisdiction to resolve disputes relating to the terms of a license involving the author's right to public performance or other
communication of his work. The decisions of the Director General in these cases shall be appealable to the Secretary of Trade and Industry.

(2) Amendment (RA 10372 [2013]):

7.1. Functions. – The Director General shall exercise the following powers and functions:
xxx
b. Exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal Affairs, the Director of Patents, the Director
of Trademarks, the Director of Copyright and Other Related Rights, and the Director of the Documentation, Information and Technology
Transfer Bureau. The decisions of the Director General in the exercise of his appellate jurisdiction in respect of the decisions of the Director
of Patents, the Director of Trademarks and the Director of Copyright and Other Related Rights shall be appealable to the Court of Appeals in
accordance with the Rules of Court; and those in respect of the decisions of the Director of the Documentation, Information and Technology
Transfer Bureau shall be appealable to the Secretary of Trade and Industry;
c. Undertake enforcement functions supported by concerned agencies such as the Philippine National Police, the National Bureau of
Investigation, the Bureau of Customs, the Optical Media Board, and the local government units, among others;
d. Conduct visits during reasonable hours to establishments and businesses engaging in activities violating intellectual property rights and
provisions of this Act based on report, information or complaint received by the office; and
e. Such other functions in furtherance of protecting IP rights and objectives of this Act.
3 (1) Addition (RA 10372 [2013]):

Section 9A. The Bureau of Copyright and Other Related Rights. – The Bureau of Copyright and Other Related Rights shall have the following
functions:
9A.1. Exercise original jurisdiction to resolve disputes relating to the terms of a license involving the author’s right to public performance or
other communication of his work;
9A.2. Accept, review and decide on applications for the accreditation of collective management organizations or similar entities;
9A.3. Conduct studies and researches in the field of copyright and related rights; and
9A.4. Provide other copyright and related rights service and charge reasonable fees therefor.
4 (1) Original (RA 8293 [1997]):

22.1Discoveries, scientific theories and mathematical methods;

(2) Amendment (RA 9502 [2008]):

22.1Discoveries, scientific theories and mathematical methods, and in the case of drugs and medicines, the mere discovery of a new form or new
property of a known substance which does not result in the enhancement of the known efficacy of that substance, or the mere discovery of any
new property or new use for a known substance, or the mere use of a known process unless such known process results in a new product that
employs at least one new reactant.

For the purpose of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes,
 combinations, and other derivatives of a known substance shall be considered to be the same substance, unless they differ significantly in
properties with regard to efficacy;
5 (1) Original (RA 8293 [1997]):

Section 26. Inventive Step. – An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at
the time of the filing date or priority date of the application claiming the invention. (n)

(2) Amendment (RA 9502 [2008]):

Section 26. Inventive Step. –

26.1. An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of the
filing date or priority date of the application claiming the invention. (n)
26.2. In the case of drugs and medicines, there is no inventive step if the invention results from the mere discovery of a new form or new
property of a known substance which does not result in the enhancement of the known efficacy of that substance, or the mere discovery of
any new property or new use for a known substance, or the mere use of a known process unless such known process results in a new product
that employs at least one new reactant.
6 (1) Original (RA 8293 [1997]):

Section 72. Limitations of Patent Rights. – The owner of a patent has no right to prevent third parties from performing, without his authorization,
the acts referred to in Section 71 hereof in the following circumstances:
72.1. Using a patented product which has been put on the market in the Philippines by the owner of the product, or with his express consent,
insofar as such use is performed after that product has been so put on the said market;
72.2. Where the act is done privately and on a noncommercial scale or for a non-commercial purpose: Provided, that it does not significantly
prejudice the economic interests of the owner of the patent;
72.3. Where the act consists of making or using exclusively for the purpose of experiments that relate to the subject matter of the patented
invention;
72.4. Where the act consists of the preparation for individual cases, in a pharmacy or by a medical professional, of a medicine in accordance
with a medical prescription or acts concerning the medicine so prepared;
72.5. Where the invention is used in any ship, vessel, aircraft, or land vehicle of any other country entering the territory of the Philippines
temporarily or accidentally: Provided, that such invention is used exclusively for the needs of the ship, vessel, aircraft, or land vehicle and not
used for the manufacturing of anything to be sold within the Philippines. (Secs. 38 and 39, R.A. No. 165a)

(2) Amendment (RA 9502 [2008]):

Section 72. Limitations of Patent Rights. — The owner of a patent has no right to prevent third parties from performing, without his authorization,
the acts referred to in Section 71 hereof in the following circumstances:
72.1. Using a patented product which has been put on the market in the Philippines by the owner of the product, or with his express consent,
insofar as such use is performed after that product has been so put on the said market:Provided, That, with regard to drugs and medicines, the
limitation on patent rights shall apply after a drug or medicine has been introduced in the Philippines or anywhere else in the world by the
patent owner, or by any party authorized to use the invention: Provided, further, That the right to import the drugs and medicines
contemplated in this section shall be available to any government agency or any private third party;
72.2. Where the act is done privately and on a non-commercial scale or for a non-commercial purpose: Provided,That it does not significantly
prejudice the economic interests of the owner of the patent;
72.3. Where the act consists of making or using exclusively for experimental use of the invention for scientific purposes or educational
purposes and such other activities directly related to such scientific or educational experimental use;
72.4. In the case of drugs and medicines, where the act includes testing, using, making or selling the invention including any data related
thereto, solely for purposes reasonably related to the development and submission of information and issuance of approvals by government
regulatory agencies required under any law of the Philippines or of another country that regulates the manufacture, construction, use or sale of
any product:Provided, That, in order to protect the data submitted by the original patent holder from unfair commercial use provided in
Article 39.3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Intellectual Property Office,
in consultation with the appropriate government agencies, shall issue the appropriate rules and regulations necessary therein not later than one
hundred twenty (120) days after the enactment of this law;
72.5. Where the act consists of the preparation for individual cases, in a pharmacy or by a medical professional, of a medicine in accordance
with a medical presciption or acts concerning the medicine so prepared; and
72.6. Where the invention is used in any ship, vessel, aircraft, or land vehicle of any other country entering the territory of the Philippines
temporarily or accidentally": Provided, That such invention is used exclusively for the needs of the ship, vessel, aircraft, or land vehicle and
not used for the manufacturing of anything to be sold within the Philippines. (Secs. 38 and 39, R.A. No. 165a)
7 (1) Original (RA 8293 [1997]):

Section 74. Use of Invention by Government. –

74.1. A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent
owner where:
a. The public interest, in particular, national security, nutrition, health or the development of other sectors, as determined by the
appropriate agency of the government, so requires; or
b. A judicial or administrative body has determined that the manner of exploitation, by the owner of the patent or his licensee is anti-
competitive.
74.2. The use by the Government, or third person authorized by the Government shall be subject, mutatis mutandis, to the conditions set forth
in Sections 95 to 97 and 100 to 102.

(2) Amendment (RA 9502 [2008]):

Section 74. Use of Invention by Government. –

74.1. A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent
 owner where:
(a) The public interest, in particular, national security, nutrition, health or the development of other sectors, as determined by the
appropriate agency of the government, so requires; or
(b) A judicial or administrative body has determined that the manner of exploitation, by the owner of the patent or his licensee, is anti-
competitive; or
(c) In the case of drugs and medicines, there is a national emergenvy or other circumstance of extreme urgency requiring the use of the
invention; or
(d) In the case of drugs and medicines, there is public non-commercial use of the patent by the patentee, without satisfactory reason; or
(e) In the case of drugs and medicines, the demand for the patented article in the Philippines is not being met to an adequate extent and
on reasonable terms, as determined by the Secretary of the Department of Health."
74.2. Unless otherwise provided herein, the use by the Government, or third person authorized by the Government shall be subject, where
applicable, to the following provisions:
(a) In situations of national emergency or other circumstances of extreme urgency as provided under Section 74.1 (c), the right holder
shall be notified as soon as reasonably practicable;
(b) In the case of public non-commercial use of the patent by the patentee, without satisfactory reason, as provided under Section 74.1
(d), the right holder shall be informed promptly: Provided, That, the Government or third person authorized by the Government, without
making a patent search, knows or has demonstrable ground to know that a valid patent is or will be used by or for the Government;
(c) If the demand for the patented article in the Philippines is not being met to an adequate extent ad on reasonable terms as provided
under Section 74.1 (e), the right holder shall be informed promptly;
(d) The scope and duration of such use shall be limited to the purpose for which it was authorized;
(e) Such use shall be non-exclusive;
(f) The right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the
authorization; and
(g) The existence of a national emergency or other circumstances of extreme urgency, referred to under Section 74.1 (c), shall be subject
to the determination of the President of the Philippines for the purpose of determining the need for such use or other exploitation, which
shall be immediately executory.
74.3. All cases arising from the implementation of this provision shall be cognizable by courts with appropriate jurisdiction provided by law.
No court, except the Supreme Court of the Philippines, shall issue any temporary restraining order or preliminary injunction or such other
provisional remedies that will prevent its immediate execution.
74.4. The Intellectual Property Office (IPO), in consultation with the appropriate government agencies, shall issue the appropriate
implementing rules and regulations for the use or exploitation of patented inventions as contemplated in this section within one hundred
twenty (120) days after the effectivity of this law.
8 (1) Original (RA 8293 [1997]):

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

(2) Amendment (RA 9502 [2008]):

76.1. The making, using, offering for sale, selling, or importing a patented product or a product obtained directly or indirectly from a patented
process, or the use of a patented process without the authorization of the patentee constitutes patent infringement: Provided, That, this shall not
apply to instances covered by Sections 72.1 and 72.4 (Limitations of Patent Rights); Section 74 (Use of Invention by Government); Section 93.6
(Compulsory Licensing); and Section 93-A (Procedures on Issuance of a Special Compulsory License under the TRIPS Agreement) of this Code.
9 (1) Original (RA 8293 [1997]):

Section 93. Grounds for Compulsory Licensing. – The Director of Legal Affairs may grant a license to exploit a patented invention, even without
the agreement of the patent owner, in favor of any person who has shown his capability to exploit the invention, under any of the following
circumstances:
93.1. National emergency or other circumstances of extreme urgency;
93.2. Where the public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national
economy as determined by the appropriate agency of the Government, so requires; or
93.3. Where a judicial or administrative body has determined that the manner of exploitation by the owner of the patent or his licensee is anti-
competitive; or
93.4. In case of public non-commercial use of the patent by the patentee, without satisfactory reason;
93.5. If the patented invention is not being worked in the Philippines on a commercial scale, although capable of being worked, without
satisfactory reason: Provided, That the importation of the patented article shall constitute working or using the patent. (Secs. 34, 34-A, 34-B,
R.A. No. 165a)

(2) Amendment (RA 9502 [2008]):

Section 93. Grounds for Compulsory Licensing. — The Director General of the Intellectual Property Office may grant a license to exploit a
patented invention, even without the agreement of the patent owner, in favor of any person who has shown his capability to exploit the invention,
under any of the following circumstances:
93.1. National emergency or other circumstances of extreme urgency;
93.2. Where the public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national
economy as determined by the appropriate agency of the Government, so requires; or
93.3. Where a judicial or administrative body has determined that the manner of exploitation by the owner of the patent or his licensee is anti-
competitive; or
93.4. In case of public non-commercial use of the patent by the patentee, without satisfactory reason;
93.5. If the patented invention is not being worked in the Philippines on a commercial scale, although capable of being worked, without
satisfactory reason: Provided, That the importation of the patented article shall constitute working or using the patent; (Secs. 34, 34-A, 34-B,
R.A. No. 165a) and
93.6. Where the demand for patented drugs and medicines is not being met to an adequate extent and on reasonable terms, as determined by
 the Secretary of the Department of Health.
10 (1) Addition (RA 9502 [2008]):

Section 93-A. Procedures on Issuance of a Special Compulsory License under the TRIPS Agreement.—

93-A.1. The Director General of the Intellectual Property Office, upon the written recommendation of the Secretary of the Department of
Health, shall, upon filing of a petition, grant a special compulsory license for the importation of patented drugs and medicines. The special
compulsory license for the importation contemplated under this provision shall be an additional special alternative procedure to ensure access
to quality affordable medicines and shall be primarily for domestic consumption: Provided, That adequate remuneration shall be paid to the
patent owner either by the exporting or importing country. The compulsory license shall also contain a provision directing the grantee the
license to exercise reasonable measures to prevent the re-exportation of the products imported under this provision.

The grant of a special compulsory license under this provision shall be an exception to Sections 100.4 and 100.6 of Republic Act No. 8293
and shall be immediately executory.

No court, except the Supreme Court of the Philippines, shall issue any temporary restraining order or preliminary injunction or such other
provisional remedies that will prevent the grant of the special compulsory license.

93-A.2. A compulsory license shall also be available for the manufacture and export of drugs and medicines to any country having
insufficient or no manufacturing capacity in the pharmaceutical sector to address public health problems: Provided, That, a compulsory
license has been granted by such country or such country has, by notification or otherwise, allowed importation into its jurisdiction of the
patented drugs and medicines from the Philippines in compliance with the TRIPS Agreement.

93-A.3. The right to grant a special compulsory license under this section shall not limit or prejudice the rights, obligations and flexibilities
provided under the TRIPS Agreement and under Philippine laws, particularly Section 72.1 and Section 74 of the Intellectual Property Code,
as amended under this Act. It is also without prejudice to the extent to which drugs and medicines produced under a compulsory license can
be exported as allowed in the TRIPS Agreement and applicable laws.
11 (1) Original (RA 8293 [1997]):

Section 94. Period for Filing a Petition for a Compulsory License. –

94.1. A compulsory license may not be applied for on the ground stated in Subsection 93.5 before the expiration of a period of four (4) years
from the date of filing of the application or three (3) years from the date of the patent whichever period expires last.
94.2. A compulsory license which is applied for on any of the grounds stated in Subsections 93.2, 93.3, and 93.4 and Section 97 may be
applied for at any time after the grant of the patent. (Sec. 34(1), R.A. No. 165)

(2) Amendment (RA 9502 [2008]):

Section 94. Period for Filing a Petition for a Compulsory License.—

94.1. A compulsory license may not be applied for on the ground stated in Subsection 93.5 before the expiration of a period of four (4) years
from the date of filing of the application or three (3) years from the date of the patent whichever period expires last.
94.2. A compulsory license which is applied for on any of the grounds stated in Subsections 93.2, 93.3, 93.4, and 93.6 and Section 97 may be
applied for at any time after the grant of the patent. (Sec. 34(1), R. A. No. 165)
12 (1) Original (RA 8293 [1997]):

Section 95. Requirement to Obtain a License on Reasonable Commercial Terms. –

95.1. The license will only be granted after the petitioner has made efforts to obtain authorization from the patent owner on reasonable
commercial terms and conditions but such efforts have not been successful within a reasonable period of time.
95.2. The requirement under Subsection 95.1 shall not apply in the following cases:
a. Where the petition for compulsory license seeks to remedy a practice determined after judicial or administrative process to be anti-
competitive;
b. In situations of national emergency or other circumstances of extreme urgency; and
c. In cases of public non-commercial use.
95.3. In situations of national emergency or other circumstances of extreme urgency, the right holder shall be notified as soon as reasonably
practicable.
95.4. In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has
demonstrable grounds to know that a valid patent is or will be used by or for the government, the right holder shall be informed promptly. (n)

(2) Amendment (RA 9502 [2008]):

Section 95. Requirement to Obtain a License on Reasonable Commercial Terms. —

95.1. The license will only be granted after the petitioner has made efforts to obtain authorization from the patent owner on reasonable
commercial terms and conditions but such efforts have not been successful within a reasonable period of time.
95.2. The requirement under Subsection 95.1 shall not apply in any of the following cases:
(a) Where the petition for compulsory license seeks to remedy a practice determined after judicial or administrative process to be anti-
competitive;
(b) In situations of national emergency or other circumstances of extreme urgency;
(c) In cases of public non-commercial use; and
(d) In cases where the demand for the patented drugs and medicines in the Philippines is not being met to an adequate extent and on
reasonable terms, as determined by the Secretary of the Department of Health.
95.3. In situations of national emergency or other circumstances of extreme urgency, the right holder shall be notified as soon as reasonably
practicable.
95.4. In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has
demonstrable grounds to know that a valid patent is or will be used by or for the government, the right holder shall be informed promptly. (n)
 95.5. Where the demand for the patented drugs and medicines in the Philippines is not being met to an adequate extent and on reasonable
terms, as determined by the Secretary of the Department of Health, the right holder shall be informed promptly.
13 (1) Original (RA 8293 [1997]):

CHAPTER XIII
INDUSTRIAL DESIGN

(2) Amendment (RA 9150 [2001]):

CHAPTER XIII
INDUSTRIAL DESIGN AND LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS
14 (1) Original (RA 8293 [1997]):

Section 112. Definition of Industrial Design. – An industrial design is any composition of lines or colors or any three dimensional form, whether
or not associated with lines or colors: Provided, That such composition or form gives a special appearance to and can serve as pattern for an
industrial product or handicraft. (Sec. 55, R.A. No. 165a)

(2) Amendment (RA 9150 [2001]):

Section 112. Definition of Terms:

1. An Industrial Design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors:
Provided, That such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft;
2. Integrated Circuit means a product, in its final form, or an intermediate form, in which the elements, at least one of which is an active
element and some or all of the interconnections are integrally formed in and/or on a piece of material, and which is intended to perform an
electronic function; and
3. Layout-Design is synonymous With 'Topography' and means the three-dimensional disposition, however expressed, of the elements, at
least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional
disposition prepared for an integrated circuit intended for manufacture.
15 (1) Original (RA 8293 [1997]):

Section 113. Substantive Conditions for Protection. –

113.1. Only industrial designs that are new or original shall benefit from protection under this Act.
113.2. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to
public order, health or morals shall not be protected. (n)

(2) Amendment (RA 9150 [2001]):

Section 113. Substantive Conditions/or Protection. -

113.1. Only industrial designs that are new or ornamental shall benefit from protection under this Act.
113.2. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to
public order, health or morals shall not be protected.
113.3. Only layout -designs of integrated circuits that are original shall benefit from protection under this Act. A layout-design shall be
considered original if it is the result of its creator's own intellectual effort and is not commonplace among creators of layout-designs and
manufacturers of integrated circuits at the time of its creation.
113.4. A layout-design consisting of a combination of elements and interconnections that are commonplace shall be protected only if the
combination, taken as a whole, is original.
16 (1) Original (RA 8293 [1997]):

Section 114. Contents of the Application. -

114.1. Every application for registration of an industrial design shall contain:
a. A request for registration of the industrial design;
b. Information identifying the applicant;
c. An indication of the kind of article of manufacture or handicraft to which the design shall be applied;
d. A representation of the article of manufacture or handicraft by way of drawings, photographs or other adequate graphic representation
of the design as applied to the article of manufacture or handicraft which clearly and fully discloses those features for which design
protection is claimed; and
e. The name and address of the creator, or where the applicant is not the creator, a statement indicating the origin of the right to the
industrial design registration.
114.2. The application may be accompanied by a specimen of the article embodying the industrial design and shall be subject to the payment
of the prescribed fee. (n)

(2) Amendment (RA 9150 [2001]):

Section 114. Contents of the Application. -

114.1. Every application for registration of an industrial design or layout-design shall contain:
(a) A request for registration of the industrial design or layout-design;
(b) Information identifying the applicant;
(c) An indication of the kind of article of manufacture or handicraft to which the industrial design or layout-design shall be applied;
(d) A representation of the article of manufacture or handicraft by way of drawings, photographs or adequate graphic representation of
the industrial design or of the layout-design as applied to the article of manufacture or handicraft which clearly and fully discloses those
features for which protection is claimed; and
(e) The name and address of the creator, or where the applicant is not the creator, a statement indicating the origin of the right to the
industrial design or layout-design registration.
 114.2. The application may be accompanied by a specimen of the article embodying the industrial design or layout-design and shall be subject
to the payment of the prescribed fee.
17 (1) Original (RA 8293 [1997]):

Section 116. Examination. –

116.1. The Office shall accord as the filing date the date of receipt of the application containing indications allowing the identity of the
applicant to be established and a representation of the article embodying the industrial design or a pictorial representation thereof.
116.2. If the application does not meet these requirements the filing date should be that date when all the elements specified in Section 105
are filed or the mistakes corrected. Otherwise if the requirements are not complied within the prescribed period, the application shall be
considered withdrawn.
116.3. After the application has been accorded a filing date and the required fees paid on time, the applicant shall comply with the
requirements of Section 114 within the prescribed period, otherwise the application shall be considered withdrawn.
116.4. The Office shall examine whether the industrial design complies with requirements of Section 112 and Subsections 113.2 and 113.3.
(n)

(2) Amendment (RA 9150 [2001]):

Section 116. Examination. -

116.1. The Office shall accord as the filing date the date of receipt of the application containing indications allowing the identity of the
applicant to be established and a representation of the article embodying the industrial design or the layout -design or a pictorial
representation thereof.
116.2. If the application does not meet these requirements, the filing date should be that date when all the elements specified in Sec. 114 are
filed or the mistakes corrected. Otherwise, if the requirements are not complied within the prescribed period, the application shall be
considered withdrawn.
116.3. After the application has been accorded a filing date and the required fees paid on time, the applicant shall comply with the
requirements of Sec. 114 within the prescribed period, otherwise the application shall be considered withdrawn.
116.4. The Office shall examine whether the industrial design or layout-design complies with requirements of Sec. 112 (Definitions) and Sec.
113 (Substantive Conditions for Protection).
18 (1) Original (RA 8293 [1997]):

Section 117. Registration. –

117.1. Where the Office finds that the conditions referred to in Section 113 are fulfilled, it shall order that registration be effected in the
industrial design register and cause the issuance of an industrial design certificate of registration, otherwise, it shall refuse the application.
117.2. The form and contents of an industrial design certificate shall be established by the Regulations: Provided, that the name and address
of the creator shall be mentioned in every case.
117.3 Registration shall be published in the form and within the period fixed by the Regulations.
117.4. The Office shall record in the register any change in the identity of the proprietor of the industrial design or his representative, if proof
thereof is furnished to it. A fee shall be paid, with the request to record the change in the identity of the proprietor. If the fee is not paid, the
request shall be deemed not to have been filed. In such case, the former proprietor and the former representative shall remain subject to the
rights and obligations as provided in this Act.
117.5. Anyone may inspect the Register and the files of registered industrial designs including the files of cancellation proceedings. (n)

(2) Amendment (RA 9150 [2001]):

Section 117. Registration. –

117.1. Where the Office finds that the conditions referred to in Sec. 113 are fulfilled, it shall order that registration be effected in the industrial
design or layout-design register and cause the issuance of an industrial design or layout-design certificate of registration; otherwise, it shall
refuse the application.
117.2. The form and contents of an industrial design or layout-design certificate shall be established by the Registrations: Provided, That the
name and address of the creator shall be mentioned in every case.
117.3. Registration shall be published in the form and within the period fixed by the Regulations.
117.4. The Office shall record in the register any change in the identity of the proprietor of the industrial design or layout design or his
representative, if proof thereof is furnished to it. A fee shall be paid, with the request to record the change in the identity of the proprietor, if
the fee is not paid, the request shall be deemed not to have been filed. In such case, the former proprietor and the former representative shall
remain subject to the rights and obligations as provided in this Act.
117.5. Anyone may inspect the Register and the files of registered industrial designs or layout-designs including files of cancellation
proceedings.
19 (1) Original (RA 8293 [1997]):

Section 118. The Term of Industrial Design Registration. –

118.1. The registration of an industrial design shall be for a period of five (5) years from the filing date of the application.
118.2. The registration of an industrial design may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying
the renewal fee.
118.3. The renewal fee shall be paid within twelve (12) months preceding the expiration of the period of registration. However, a grace period
of six (6) months shall be granted for payment of the fees after such expiration, upon payment of a surcharge.
118.4. The Regulations shall fix the amount of renewal fee, the surcharge and other requirements regarding the recording of renewals of
registration.

(2) Amendment (RA 9150 [2001]):

Section 118. The Term of Industrial Design or Layout-Design Registration. –

118.1. The registration of an industrial design shall be for a period of five (5) years from the filing date of the application.
118.2. The registration of an industrial design may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying
 the renewal fee.
118.3. The renewal fee shall be paid within twelve (12) months preceding the expiration of the period of registration. However, a grace period
of six (6) months shall be granted for payment of the fees after such expiration, upon payment of a surcharge.
118.4. The Regulations shall fix the amount of renewal fee, the surcharge and other requirements regarding the recording of renewals of
registration.
118.5. Registration of a layout-design shall be valid for a period often (10) years, without renewal, and such validity to be counted from the
date of commencement of the protection accorded to the layout-design. The protection of a layout-design under this Act shall commence:
a) on the date of the first commercial exploitation, anywhere in the world, of the layout-design by or with the consent of the right holder:
Provided, That an application for registration is filed with the Intellectual Property Office within two (2) years from such date of first
commercial exploitation; or
b) on the filing date accorded to the application for the registration of the layout-design if the layout-design has not been previously
exploited commercially anywhere in the world.
20 (1) Original (RA 8293 [1997]):

Section 119. Application of Other Sections and Chapters. –

119.1. The following provisions relating to patents shall apply mutatis mutandis to an industrial design registration:
Section 21 - Novelty;
Section 24 - Prior art: Provided, that the disclosure is contained in printed documents or in any tangible form;
Section 25 - Non-prejudicial Disclosure;
Section 27 - Inventions Created Pursuant to a Commission;
Section 28 - Right to a Patent;
Section 29 - First to File Rule;
Section 31 - Right of Priority: Provided, That the application for industrial design shall be filed within six (6) months from the earliest
filing date of the corresponding foreign application;
Section 33 - Appointment of Agent or Representative;
Section 51 - Refusal of the Application;
Sections 56 to 60 - Surrender, Correction of and Changes in Patent;
Chapter VII - Remedies of a Person with a Right to Patent;
Chapter VIII- Rights of Patentees and Infringement of Patents; and
Chapter XI - Assignment and Transmission of Rights.
119.2. If the essential elements of an industrial design which is the subject of an application have been obtained from the creation of another
person without his consent, protection under this Chapter cannot be invoked against the injured party. (n)

(2) Amendment (RA 9150 [2001]):

Section 119. Application of Other Sections and Chapters. –

119.1. The following provisions relating to patents shall apply mutatis mutandis to an industrial design registration.
SECTION21 - Novelty;
SECTION 24 - Prior art: Provided, That the disclosure is contained in printed documents or in any tangible form;
SECTION 25 - Non-prejudicial Disclosure;
SECTION 28 - Right to a Patent;
SECTION 29 - First to File Rule;
SECTION 30 - Inventions Created Pursuant to a Commission;
SECTION 31 - Right of Priority: Provided, That the application for industrial design shall be filed within six (6) months from the earliest
filing date of the corresponding foreign application;
SECTION 33 - Appointment of Agent or Representative;
SECTION 51 - Refusal of the Application;
SECTION 56 to 60 - Surrender, Correction of and Changes in Patent;
CHAPTER VII - Remedies of a Person with a Right to Patent;
CHAPTER VIII - Rights of Patentees and Infringement of Patents; and
CHAPTER XI - Assignment and Transmission of Rights
119.2. If the essential elements of an industrial design which is the subject of an application have been obtained from the creation of another
person without his consent, protection under this Chapter cannot be invoked against the injured party.
119.3. The following provisions relating to patents shall apply mutatis mutandis to a layout -design of integrated circuits registration:
SECTION 28 - Right to a Patent;
SECTION 29 - First to File Rule;
SECTION 30 - Inventions Created Pursuant to a Commission;
SECTION 33 - Appointment of Agent or Representative;
SECTION 56 - Surrender of Patent;
SECTION 57 - Correction of Mistakes of the Office;
SECTION 58 - Correction of Mistakes in the Application;
SECTION 59 - Changes in Patents;
SECTION 60 - Form and Publication of Amendment;
CHAPTER VII - Remedies of a Person with a Right to Patent;
CHAPTER VIII - Rights of Patentees and Infringement of Patents: Provided, That the layout-design rights and limitation of layout-
design rights provided hereunder shall govern:
CHAPTER X - Compulsory Licensing;
CHAPTER XI - Assignment and Transmission of Rights
119.4. Rights Conferred to the Owner of a Layout-Design Registration. - The owner of a layout-design registration shall enjoy the following
rights:
(1) to reproduce, whether by incorporation in an integrated circuit or otherwise, the registered layout-design in its entirety or any part
thereof, except the act of reproducing any part that does not comply with the requirement of originality; and
(2) to sell or otherwise distribute for commercial purposes the registered layout design, an article or an integrated circuit in which the
 registered layout-design is incorporated.
119.5. Limitations of Layout Rights. - The owner of a layout design has no right to prevent third parties from reproducing, selling or
otherwise distributing for commercial purposes the registered layout-design in the following circumstances:
(1) Reproduction of the registered layout-design for private purposes or for the sole purpose of evaluation, analysis, research or teaching;
(2) Where the act is performed in respect of a layout-design created on the basis of such analysis or evaluation and which is itself original
in the meaning as provided herein;
(3) Where the act is performed in respect of a registered lay-out-design, or in respect of an integrated circuit in which such a layout-
design is incorporated, that has been put on the market by or with the consent of the right holder;
(4) In respect of an integrated circuit where the person performing or ordering such an act did not know and had no reasonable ground to
know when acquiring the integrated circuit or the article incorporating such an integrated circuit, that it incorporated an unlawfully
reproduced layout-design: Provided, however, That after the time that such person has received sufficient notice that the layout-design
was unlawfully reproduced, that person may perform any of the said acts only with respect to the stock on hand or ordered before such
time and shall be liable to pay to the right holder a sum equivalent to at least 5% of net sales or such other reasonable royalty as would be
payable under a freely negotiated license in respect of such layout-design; or
(5) Where the act is performed in respect of an identical layout-design which is original and has been created independently by a third
party.
21 (1) Original (RA 8293 [1997]):

Section 120. Cancellation of Design Registration. –

120.1. At any time during the term of the industrial design registration, any person upon payment of the required fee, may petition the
Director of Legal Affairs to cancel the industrial design on any of the following grounds:
a. If the subject matter of the industrial design is not registrable within the terms of Sections 112 and 113;
b. If the subject matter is not new; or
c. If the subject matter of the industrial design extends beyond the content of the application as originally filed.
120.2. Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected to such extent only. The
restriction may be effected in the form of an alteration of the effected features of the design. (n)

(2) Amendment (RA 9150 [2001]):

Section 120. Cancellation of Design Registration. –

120.1. At any time during the term of the industrial design registration, any person upon payment of the required fee, may petition the
Director of Legal Affairs to cancel the industrial design on any of the following grounds:
(a) If the subject matter of the industrial design is not registerable within the terms of Sections 112 and 113;
(b) If the subject matter is not new; or
(c) If the subject matter of the industrial design extends beyond the content of the application as originally filed.
120.2. Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected to such extent only. The
restriction may be effected in the form of an alteration of the effected features of the design.
120.3. Grounds for Cancellation of Layout-Design of Integrated Circuits.- Any interested person may petition that the registration of a layout-
design be cancelled on the ground that:
(i) the layout-design is not protectable under this Act;
(ii) the right holder is not entitled to protection under this Act; or
(iii) where the application for registration of the layout-design, was not filed within two (2) years from its first commercial exploitation
anywhere in the world.
Where the grounds for cancellation are established with respect only to a part of the layout-design, only the corresponding part of the
registration shall be cancelled.
Any cancelled layout-design registration or part thereof, shall be regarded as null and void from the beginning and may be expunged from the
records of the Intellectual Property Office. Reference to all cancelled layout-design registration shall be published in the IPO Gazette.
22 (1) Original (RA 8293 [1997]):

147.1. The owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the
course of trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the
trademark is registered where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or
services, a likelihood of confusion shall be presumed.

(2) Amendment (RA 9502 [2008]):

147.1. Except in cases of importation of drugs and medicines allowed under Section 72.1 of this Act and of off-patent drugs and medicines, the
owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner’s consent from using in the course of
trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the trademark is
registered where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or services, a
likelihood of confusion shall be presumed.

There shall be no infringement of trademarks or tradenames of imported or sold patented drugs and medicines allowed under Section 72.1 of this
Act, as well as imported or sold off-patent drugs and medicines: Provided, That, said drugs and medicines bear the registered marks that have not
been tampered, unlawfully modified, or infringed upon, under Section 155 of this Code.
23 (1) Addition (RA 9502 [2008]):

159.4 There shall be no infringement of trademarks or tradenames of imported or sold drugs and medicines allowed under Section 72.1 of this
Act, as well as imported or sold off-patent drugs and medicines: Provided, That said drugs and medicines bear the registered marks that have not
been tampered, unlawfully modified, or infringed upon as defined under Section 155 of this Code.
24 (1) Original (RA 8293 [1997]):

171.3. "Communication to the public" or "communicate to the public" means the making of a work available to the public by wire or wireless
 means in such a way that members of the public may access these works from a place and time individually chosen by them;

(2) Amendment (RA 10372 [2013]):

171.3. "Communication to the public" or "communicate to the public" means any communication to the public, including broadcasting,
rebroadcasting, retransmitting by cable, broadcasting and retransmitting by satellite, and includes the making of a work available to the public by
wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them;
25 (1) Original (RA 8293 [1997]):

171.9. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner or form.

(2) Amendment (RA 10372 [2013]):

171.9. "Reproduction" is the making of one (1) or more copies, temporary or permanent, in whole or in part, of a work or a sound recording in any
manner or form without prejudice to the provisions of Section 185 of this Act;
26 (1) Addition (RA 10372 [2013]):

171.12. "Technological measure" means any technology, device or component that, in the normal course of its operation, restricts acts in respect
of a work, performance or sound recording, which are not authorized by the authors, performers or producers of sound recordings concerned or
permitted by law;
27 (1) Addition (RA 10372 [2013]):

171.13. "Rights management information" means information which identifies the work, sound recording or performance; the author of the work,
producer of the sound recording or performer of the performance; the owner of any right in the work, sound recording or performance; or
information about the terms and conditions of the use of the work, sound recording or performance; and any number or code that represent such
information, when any of these items is attached to a copy of the work, sound recording or fixation of performance or appears in conjunction with
the communication to the public of a work, sound recording or performance.
28 (1) Original (RA 8293 [1997]):

CHAPTER VII
TRANSFER OR ASSIGNMENT OF COPYRIGHT

(2) Amendment (RA 10372 [2013]):

CHAPTER VII
TRANSFER, ASSIGNMENT AND LICENSING OF COPYRIGHT
29 (1) Original (RA 8293 [1997]):

Section 180. Rights of Assignee. –

180.1. The copyright may be assigned in whole or in part. Within the scope of the assignment, the assignee is entitled to all the rights and
remedies which the assignor had with respect to the copyright.
180.2. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention.
180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only
a license to make a single publication unless a greater right is expressly granted. If two (2) or more persons jointly own a copyright or any
part thereof, neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. (Sec. 15,
P.D. No. 49a)

(2) Amendment (RA 10372 [2013]):

Section 180. Rights of Assignee or Licensee. –

180.1. The copyright may be assigned or licensed in whole or in part. Within the scope of the assignment or license, the assignee or licensee
is entitled to all the rights and remedies which the assignor or licensor had with respect to the copyright.
180.2. The copyright is not deemed assigned or licensed inter vivos, in whole or in part, unless there is a written indication of such intention.
xxx
180.4. Any exclusivity in the economic rights in a work may be exclusively licensed. Within the scope of the exclusive license, the licensee is
entitled to all the rights and remedies which the licensor had with respect to the copyright.
180.5. The copyright owner has the right to regular statements of accounts from the assignee or the licensee with regard to assigned or
licensed work.
30 (1) Original (RA 8293 [1997]):

Section 181. Copyright and Material Object. – The copyright is distinct from the property in the material object subject to it. Consequently, the
transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole
copy or of one or several copies of the work imply transfer or assignment of the copyright. (Sec. 16, P.D. No. 49)

(2) Amendment (RA 10372 [2013]):

Section 181. Copyright and Material Object. – The copyright is distinct from the property in the material object subject to it. Consequently, the
transfer, assignment or licensing of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of
the sole copy or of one or several copies of the work imply transfer, assignment or licensing of the copyright. (Sec. 16, P.D. No. 49)
31 (1) Original (RA 8293 [1997]):

Section 183. Designation of Society. – The copyright owners or their heirs may designate a society of artists, writers or composers to enforce their
economic rights and moral rights on their behalf. (Sec. 32, P.D. No. 49a)
 (2) Amendment (RA 10372 [2013]):

Section 183. Designation of Society. – The owners of copyright and related rights or their heirs may designate a society of artists, writers,
composers and other right-holders to collectively manage their economic or moral rights on their behalf. For the said societies to enforce the rights
of their members, they shall first secure the necessary accreditation from the Intellectual Property Office. (Sec. 32, P.D. No. 49a)
32 (1) Addition (RA 10372 [2013]):

l. The reproduction or distribution of published articles or materials in a specialized format exclusively for the use of the blind, visually- and
reading-impaired persons: Provided, That such copies and distribution shall be made on a nonprofit basis and shall indicate the copyright owner
and the date of the original publication.
33 (1) Original (RA 8293 [1997]):

185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use,
scholarship, research, and similar purposes is not an infringement of copyright. Recompilation, which is understood here to be the reproduction of
the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with
other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be
considered shall include:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

(2) Amendment (RA 10372 [2013]):

185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use,
scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of
the code and translation of the forms of a computer program to achieve the interoperability of an independently created computer program with
other programs may also constitute fair use under the criteria established by this section, to the extent that such decompilation is done for the
purpose of obtaining the information necessary to achieve such interoperability.

xxx
34 (1) Original (RA 8293 [1997]):

Section 188. Reprographic Reproduction by Libraries. –

188.1. Notwithstanding the provisions of Subsection 177.6, any library or archive whose activities are not for profit may, without the
authorization of the author of copyright owner, make a single copy of the work by reprographic reproduction:
a. Where the work by reason of its fragile character or rarity cannot be lent to user in its original form;
b. Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is
necessary to supply them, when this is considered expedient, to persons requesting their loan for purposes of research or study instead of
lending the volumes or booklets which contain them; and
c. Where the making of such a copy is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable,
replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or
rendered unusable and copies are not available with the publisher.

(2) Amendment (RA 10372 [2013]):

Section 188. Reprographic Reproduction by Libraries. –

188.1. Notwithstanding the provisions of Subsection 177.1., any library or archive whose activities are not for profit may, without the
authorization of the author or copyright owner, make a limited number of copies of the work, as may be necessary for such institutions to
fulfill their mandate, by reprographic reproduction:
xxx
c. Where the making of such limited copies is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered
unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost,
destroyed or rendered unusable and copies are not available with the publisher.
35 (1) Original (RA 8293 [1997]):

Section 190. Importation for Personal Purposes. –

190.1. Notwithstanding the provision of Subsection 177.6, but subject to the limitation under the Subsection 185.2, the importation of a copy
of a work by an individual for his personal purposes shall be permitted without the authorization of the author of, or other owner of copyright
in, the work under the following circumstances:
a. When copies of the work are not available in the Philippines and:
1. Not more than one (1) copy at one time is imported for strictly individual use only; or
2. The importation is by authority of and for the use of the Philippine Government; or
3. The importation, consisting of not more than three (3) such copies or likenesses in any one invoice, is not for sale but for the use
only of any religious, charitable, or educational society or institution duly incorporated or registered, or is for the encouragement of
the fine arts, or for any state school, college, university, or free public library in the Philippines.
b. When such copies form parts of libraries and personal baggage belonging to persons or families arriving from foreign countries and
are not intended for sale: Provided, That such copies do not exceed three (3).
190.2. Copies imported as allowed by this Section may not lawfully be used in any way to violate the rights of owner the copyright or annul
or limit the protection secured by this Act, and such unlawful use shall be deemed an infringement and shall be punishable as such without
prejudice to the proprietor's right of action.
190.3. Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby empowered to make rules and regulations
 for preventing the importation of articles, the importation of which is prohibited under this Section and under treaties and conventions to
which the Philippines may be a party and for seizing and condemning and disposing of the same in case they are discovered after they have
been imported. (Sec. 30, P.D. No. 49)

(2) Amendment (RA 10372 [2013]):

Section 190. Importation and Exportation of Infringing Materials. – Subject to the approval of the Secretary of Finance, the Commissioner of
Customs is hereby empowered to make rules and regulations for preventing the importation or exportation of infringing articles prohibited under
Part IV of this Act and under relevant treaties and conventions to which the Philippines may be a party and for seizing and condemning and
disposing of the same in case they are discovered after they have been imported or before they are exported.
36 (1) Original (RA 8293 [1997]):

Section 191. Registration and Deposit with National Library and the Supreme Court Library. – After the first public dissemination of performance
by authority of the copyright owner of a work falling under Subsections 172.1, 172.2 and 172.3 of this Act, there shall, for the purpose of
completing the records of the National Library and the Supreme Court Library, within three (3) weeks, be registered and deposited with it, by
personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the directors of said libraries may
prescribe. A certificate of deposit shall be issued for which the prescribed fee shall be collected and the copyright owner shall be exempt from
making additional deposit of the works with the National Library and the Supreme Court Library under other laws. If, within three (3) weeks after
receipt by the copyright owner of a written demand from the directors for such deposit, the required copies or reproductions are not delivered and
the fee is not paid, the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to the National
Library and the Supreme Court Library the amount of the retail price of the best edition of the work. Only the above mentioned classes of work
shall be accepted for deposit by the National Library and the Supreme Court Library. (Sec. 26, P.D. No. 49a)

(2) Amendment (RA 10372 [2013]):

Section 191. Deposit and Notice of Deposit with the National Library and the Supreme Court Library. – At any time during the subsistence of the
copyright, the owner of the copyright or of any exclusive right in the work may, for the purpose of completing the records of the National Library
and the Supreme Court Library, register and deposit with them, by personal delivery or by registered mail, two (2) complete copies or
reproductions of the work in such form as the Directors of the said libraries may prescribe in accordance with regulations: Provided, That only
works in the field of law shall be deposited with the Supreme Court Library. Such registration and deposit is not a condition of copyright
protection.
37 (1) Original (RA 8293 [1997]):

198.1. The rights of an author under this chapter shall last during the lifetime of the author and for fifty (50) years after his death and shall not be
assignable or subject to license. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to
be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the author's heirs, and in
default of the heirs, the Director of the National Library.

(2) Amendment (RA 10372 [2013]):

198.1. The right of an author under Section 193.1. shall last during the lifetime of the author and in perpetuity after his death while the rights
under Sections 193.2. 193.3. and 193.4. shall be coterminous with the economic rights, the moral rights shall not be assignable or subject to
license. The person or persons to be charged with the posthumous enforcement of these rights shall be named in a written instrument which shall
be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the author’s heirs, and in
default of the heirs, the Director of the National Library.
38 (1) Original (RA 8293 [1997]):

Section 203. Scope of Performers' Rights. – Subject to the provisions of Section 212, performers shall enjoy the following exclusive rights:
203.1. As regards their performances, the right of authorizing:
a. The broadcasting and other communication to the public of their performance; and
b. The fixation of their unfixed performance.
203.2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings, in any manner or form;
203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their
performance fixed in the sound recording through sale or rental or other forms of transfer of ownership;
203.4. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings,
even after distribution of them by, or pursuant to the authorization by the performer; and
203.5. The right of authorizing the making available to the public of their performances fixed in sound recordings, by wire or wireless means,
in such a way those members of the public may access them from a place and time individually chosen by them. (Sec. 42, P.D. No. 49a)

(2) Amendment (RA 10372 [2013]):

xxx
203.2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings or audiovisual works or
fixations in any manner or form;
203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their
performance fixed in sound recordings or audiovisual works or fixations through sale or rental of other forms of transfer of ownership;
203.4. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings
or audiovisual works or fixations, even after distribution of them by, or pursuant to the authorization by the performer; and
203.5. The right of authorizing the making available to the public of their performances fixed in sound recordings or audiovisual works or
fixations, by wire or wireless means, in such a way that members of the public may access them from a place and time individually chosen by
them. (Sec. 42, P.D. No. 49a)
39 (1) Original (RA 8293 [1997]):
 204.1. Independently of a performer's economic rights, the performer, shall, as regards his live aural performances or performances fixed in sound
recordings, have the right to claim to be identified as the performer of his performances, except where the omission is dictated by the manner of
the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his
reputation.

(2) Amendment (RA 10372 [2013]):

204.1. Independently of a performer’s economic rights, the performer shall, as regards his live aural performances or performances fixed in sound
recordings or in audiovisual works or fixations, have the right to claim to be identified as the performer of his performances, except where the
omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his
performances that would be prejudicial to his reputation.
40 (1) Addition (RA 10372 [2013]):

208.4. The right to authorize the making available to the public of their sound recordings in such a way that members of the public may access the
sound recording from a place and at a time individually chosen or selected by them, as well as other transmissions of a sound recording with like
effect.
41 (1) Original (RA 8293 [1997]):

Section 212. Limitations on Rights. – Sections 203, 208 and 209 shall not apply where the acts referred to in those Sections are related to:
212.1. The use by a natural person exclusively for his own personal purposes;
212.2. Using short excerpts for reporting current events;
212.3. Use solely for the purpose of teaching or for scientific research; and
212.4. Fair use of the broadcast subject to the conditions under Section 185. (Sec. 44, P.D. No. 49a)

(2) Amendment (RA 10372 [2013]):

Section 212. Limitations on Rights. – The provisions of Chapter VIII shall apply mutatis mutandis to the rights of performers, producers of sound
recordings and broadcasting organizations.
42 (1) Original (RA 8293 [1997]):

Section 216. Remedies for Infringement. –

216.1. Any person infringing a right protected under this law shall be liable:
a. To an injunction restraining such infringement. The court may also order the defendant to desist from an infringement, among others,
to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance
of such goods.
b. Pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have
incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the
plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in
lieu of actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty.
c. Deliver under oath, for impounding during the pendency of the action, upon such terms and conditions as the court may prescribe,
sales invoices and other documents evidencing sales, all articles and their packaging alleged to infringe a copyright and implements for
making them.
d. Deliver under oath for destruction without any compensation all infringing copies or devices, as well as all plates, molds, or other
means for making such infringing copies as the court may order.
e. Such other terms and conditions, including the payment of moral and exemplary damages, which the court may deem proper, wise and
equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case.
216.2. In an infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as
evidence in the court proceedings. (Sec. 28, P.D. No. 49a)

(2) Amendment (RA 10372 [2013]):

Section 216. Infringement.– A person infringes a right protected under this Act when one:
(a) Directly commits an infringement;
(b) Benefits from the infringing activity of another person who commits an infringement if the person benefiting has been given notice of the
infringing activity and has the right and ability to control the activities of the other person;
(c) With knowledge of infringing activity, induces, causes or materially contributes to the infringing conduct of another.

216.1. Remedies for Infringement.– Any person infringing a right protected under this law shall be liable:
xxx
(b) To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have
incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the
plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieu of
actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty: Provided, That the
amount of damages to be awarded shall be doubled against any person who:
(i) Circumvents effective technological measures; or
(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic
rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for
distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights
management information has been removed or altered without authority.
xxx
The copyright owner may elect, at any time before final judgment is rendered, to recover instead of actual damages and profits, an award of
statutory damages for all infringements involved in an action in a sum equivalent to the filing fee of the infringement action but not less than
Fifty thousand pesos (Php50,000.00). In awarding statutory damages, the court may consider the following factors:
 (1) The nature and purpose of the infringing act;
(2) The flagrancy of the infringement;
(3) Whether the defendant acted in bad faith;
(4) The need for deterrence;
(5) Any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and
(6) Any benefit shown to have accrued to the defendant by reason of the infringement.
In case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court in its
discretion may reduce the award of statutory damages to a sum of not more than Ten thousand pesos (Php10,000.00): Provided, That the
amount of damages to be awarded shall be doubled against any person who:
(i) Circumvents effective technological measures; or
(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic
rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for
distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights
management information has been removed or altered without authority.
xxx
216.2. In an infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as
evidence in the court proceedings, in accordance with the rules on search and seizure involving violations of intellectual property rights issued by
the Supreme Court. (Sec. 28, P.D. No. 49a)
The foregoing shall not preclude an independent suit for relief by the injured party by way of damages, injunction, accounts or otherwise.
43 (1) Original (RA 8293 [1997]):

217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials
that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement.

(2) Amendment (RA 10372 [2013]):

217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials
that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement: Provided,
That the respective maximum penalty stated in Section 217.1. (a), (b) and (c) herein for the first, second, third and subsequent offense, shall be
imposed when the infringement is committed by:
(a) The circumvention of effective technological measures;
(b) The removal or alteration of any electronic rights management information from a copy of a work, sound recording, or fixation of a
performance, by a person, knowingly and without authority; or
(c) The distribution, importation for distribution, broadcast, or communication to the public of works or copies of works, by a person without
authority, knowing that electronic rights management information has been removed or altered without authority.
44 (1) Original (RA 8293 [1997]):

c. The copy of the work or other subject matter annexed thereto is a true copy thereof, shall be admitted in evidence in any proceedings for an
offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such
affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright.

(2) Amendment (RA 10372 [2013]):

c. The copy of the work or other subject matter annexed thereto is a true copy thereof.
The affidavit shall be admitted in evidence in any proceedings under this Chapter and shall be prima facie proof of the matters therein stated until
the contrary is proved, and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner
of the copyright.
45 (1) Addition (RA 10372 [2013]):

Section 220A. Disclosure of Information. – Where any article or its packaging or an implement for making it is seized or detained under a valid
search and seizure under this Act is, or is reasonably suspected to be, by an authorized enforcement officer, in violation of this Act, the said
officer, shall, wherever reasonably practicable, notify the owner of the copyright in question or his authorized agent of the seizure or detention, as
the case may be.
46 (1) Original (RA 8293 [1997]):

Section 226. Damages. – No damages may be recovered under this Act after four (4) years from the time the cause of action arose. (Sec. 58, P.D.
No. 49)

(2) Amendment (RA 10372 [2013]):

Section 226. Damages. – No damages may be recovered under this Act after the lapse of four (4) years from the time the cause of action arose.
(Sec. 58, P.D. No. 49).”
47 (1) Addition (RA 10372 [2013]):

Section 230.Adoption of Intellectual Property (IP) Policies. – Schools and universities shall adopt intellectual property policies that would govern
the use and creation of intellectual property with the purpose of safeguarding the intellectual creations of the learning institution and its
employees, and adopting locally-established industry practice fair use guidelines. These policies may be developed in relation to licensing
agreements entered into by the learning institution with a collective licensing organization.