REPUBLIC ACT NO.7459 Incentives To Filipino Investor

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REPUBLIC ACT NO. 7459

AN ACT PROVIDING INCENTIVES TO FILIPINO
INVESTORS AND EXPANDING THE FUNCTIONS
OF THE TECHNOLOGY APPLICATION AND
PROMOTION INSTITUTE, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES.
ARTICLE I
TITLE, POLICY PROGRAM AND DEFINITION OF TERMS
Section 1. Title. This Act shall be known as the "Investors and
Invention
Incentives
Act
of
the
Philippines."
chan robles virtual law library
Sec. 2. Declaration of National Policy and Program. It is hereby

declared to be the national policy to give priority to invention and its
utilization on the country's productive systems and national life; and to
this end provide incentives to investors and protect their exclusive right
to their invention, particularly when the invention is beneficial to the
people and contributes to national development and progress.
Pursuant to the national policy, the Government shall provide a program
to set up a climate conducive to invention and innovation, give
encouragement and support to inventors who are creative and resourceful,
as well as the imbued with a deep sense of nationalism, and maximize the
capability and productivity and inventors through incentives and other
forms of assistance and support.
Sec. 3. Definition of Terms. chan robles virtual law library
(a) Inventor refers to, for purpose of this Act, any patented machine,
product, process including implements or tools and other related gadgets
of invention, utility model and industrial design patents.
(b) Investor refers to the patentee/s, heir/s, assignment/s, of an Invention

letters patent, Utility Model letters or Industrial Design letters patent.
(c) Technology means the application of knowledge or science which shall
include all others such an inventions, innovations and results of
researches.
(d) Department refers to the Department of Science and Technology.
(e) Institute refers to the
Institute. chan robles virtual law library
Technology
Application
and
Promotion
(f) Patent Office refers to the Bureau of Patent, Trademark and Technology
Transfer.
(g) RDI's refer to the Research and Development Institute of the
Department of Science and Technology.
ARTICLE II
CASH REWARDS
Sec. 4. Presidential Awards for Inventions. Presidential awards for
inventions consisting of Cash Rewards shall be granted to patented
inventions in the Philippines to be chosen by a screening committee with
members consisting of technical representatives from the Department of
Science and Technology, the Filipino Inventors Society, and the
Department of Environment and Natural Resources.
Outstanding investors shall be divided into four (4) categories with the
corresponding cash rewards as follows:
(1) Inventions. (i) First Prize, One hundred thousand pesos (P100,000.00):
(ii) Second prize, Fifty thousand pesos (P50,000.00); and (iii) Third prize,
Twenty thousand pesos (P20,000.00);
(2) Utility Models. (i) First Prize, Fifty thousand pesos (P50,000.00); (ii)
Second prize, Twenty thousand pesos (P20,000.00); and (iii) Third prize,
Ten thousand pesos (P10,000.00):
(3) Industrial Design. (i) First Prize, Fifty thousand pesos (P50,000.00); (ii)
Second Prize, Twenty thousand pesos (P20,000.00); and (iii) Third prize,
Ten thousand pesos (P10,000.00);
(4) Creative Research, (i) First prize, Twenty thousand pesos (P20,000.00);
(ii) Second Prize, Ten thousand pesos (P10,000.00); and (iii) Third prize,
Five thousand pesos (P5,000.00); chan robles virtual law library
A round-trip ticket fare in addition to necessary and reasonable expenses
but not more than Three Hundred Pesos (P300.00) a day shall be provided
to all provincial awardees. Upon recommendation of the Screening
Committee, all winners may be sent by the Philippine Government to
other countries where their winning inventions or areas of interest are
advanced.
The Screening Committee may adjust the cash awards and the additional
expenses aforecited subject to the approval of the Institute.
ARTICLE III
TAX INCENTIVES AND TAX EXEMPTIONS
Sec. 5. Tax Incentives. Inventors, as certified by the Filipino Inventors
Society and duly confirmed by the Screening Committee, shall be exempt
from payment of license fees, permit fees and other business taxes in the
development of their particular inventions. This is an exception to the
taxing power of the local government units. The certification shall state
that the manufacture of the invention is made on a commercial scale.
Inventors shall exempt from paying any fees involved in their application
for registration of their inventions.
Sec. 6. Tax Exemption. To promote, encourage, develop and accelerate
commercialization of technologies developed by local researchers or
adapted locally from foreign sources including inventions, any income
derived from these technologies shall be exempted from all kinds of taxes
during the first ten (10) years from the date of the first sale, subject to
the rules and regulations of the Department of Finance: Provided, that
this tax exemption privilege pertaining to invention shall be extended to
the legal heir or assignee upon the death of the inventor. chan robles virtual law library
The technologies, their manufacture or sale, shall also be exempt from
payment of license, permit fees, customs duties and charges on imports.
ARTICLE IV
INVENTION DEVELOPMENT ASSISTANCE FUND
Sec. 7. Inventions Development Assistance Fund. There is hereby
established an Invention Development Assistance Fund from the
operations of the Technology Application and Promotion Institute in the
amount of at least twelve percent (12%) of the annual operations fund of
the Institute and from donations, bequests, and other sources, public,
private or domestic or foreign, for assisting potential or actual inventors
in the initial experiments and prototype development and other inventordevelopment related activities of invention or innovation. The Fund shall
be administered by the Institute and in the performance of the advisory
board of inventors from the public and private sector. All donations to the
Assistance Fund shall be tax exempt or tax deductible.
Sec. 8. Expanded Functions of the Institute. In order to carry out the
Incentives in this Act, the Institute shall have the following expanded
functions; chan robles virtual law library
(a) Assist technologies, inventors and researches, avail of the laboratories
and other facilities of the RDI's including regional offices and other
government agencies, offices and instrumentalities upon recommendation
of the Director of the Institute: Provided, That the receipt of such
assistance agree to give to the Institute at least one-tenth (1/10) of all
royalties arising from the technology or invention depending upon the
extent of facility or services utilized to help maintain the research
laboratories; and
(b) Accredit
activities.
and
recognize
inventor
organization
throughout
their
ARTICLE V
INVENTION GUARANTEE FUND
Sec. 9. Invention Guarantee Fund. For the effective implementation of
this Act, the Invention Guarantee Fund (IGF) created by Republic Act No.
3850, as amended, deposited with the Development Bank of the
Philippines, and the interest earnings thereof, shall be made available to
finance and guarantee the loan assistance of any patented Filipino
invention duly certified by the Filipino Investors Society and by the
Screening Committee created under Section 4 of this Act. Appropriations
under this Act and interest earnings of the Fund shall form part of the
Fund to pay for the finance and guarantee of loan assistance, cash
rewards and other incentives to investors provided under this Act.
A continuing annual appropriation in the amount of not less than Ten
Million Pesos (P10,000,000.00) shall also be provided for this purpose in
the annual budget of the Department of Science and Technology. The
Fund shall also be used for special financing programs for Filipino
inventions pursuant under this Act.
Sec. 10. Financial and Loan Assistance from Government Banks. Loan
assistance for the commercial production of an invention, either locally or
for export and duly certified by the Filipino Inventors Society and the
Screening Committee created under Section 4, shall be extended by
government banks: Provided, That said invention meets the criteria that
would enhance the economy of the country such as profitability and
viability, dollar-earning capacity, and generation of employment
opportunities for Filipinos: Provided, further, That said loan shall be
guaranteed by the IGF. chan robles virtual law library
Loans under this Section of not more than Two Hundred Thousand Pesos
(P200,000.00) shall be granted without a need of real estate collateral:
Provided, however, That an assignment of rights to the invention shall be
executed in favor of the bank or financing institution, subject to other
lending terms, conditions and availability of loanable funds by the bank.
No limit to the amount of loan applied for shall be granted to the inventor
who can provide fifteen per centum (15%) equity of the loan applied for:
Provided, that acceptable collaterals can be presented to fully secure his

loan.
However, when there is existing foreign irrevocable letter of credit issued
in favor of the inventor or the duly registered company producing his
invention for export, all government banks, after verification of the
commercial production and availability of such products covered by the
letter of credit, shall grant up to eighty per centum (80%) of the peso
value of the foreign letter of credit: Provided, however, That the inventor
of the manufacturing company assigns the letter of credit to the bank
where the loan is arranged and whatever goods that the inventor or his
company will produce, or warehouse receipts, if any, to show evidence
that the goods have been partially produced.
Sec. 11. Government Agencies Assistance. In order to facilitate the
granting of loans or financial assistance by any government bank, all
government agencies concerned are required to extend all possible
assistance, such as the use of its facilities in the preparation of project
feasibility studies and evaluations and products to be produced by the
inventor. chan robles virtual law library
ARTICLE VI
RULES AND REGULATIONS, COMMON PROVISIONS
Sec. 12. Rules and Regulations. Subject to the approval of the
Secretary of the Department, the Institute, in consultation with the
Filipino Inventors Society, shall promulgate rules and regulations
necessary to carry out the purposes of this Act.
All rules and regulations, orders and other issuance, awards to loan
recipients, and other acts affecting third persons or requiring the award of
funds under this Act, shall take effect after their publication in a national
newspaper of general circulation.
Sec. 13. Separability Clause. If any part or provisions of this Act be
held unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby shall continue in full force and effect.
Sec. 14. Repealing Clause. Any law, decree, rules, or regulations,

executive orders or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.chan robles virtual law library
Sec. 15. Effectivity. This Act shall take effect upon its publication in at
least two (2) national newspapers of general circulation.
Approved: April 28, 1992

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REPUBLIC ACT NO. 7459

Sec. 2. Declaration of National Policy and Program. It is hereby

(b) Investor refers to the patentee/s, heir/s, assignment/s, of an Invention

Provided, that acceptable collaterals can be presented to fully secure his

Sec. 14. Repealing Clause. Any law, decree, rules, or regulations,

Approved: April 28, 1992

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