RA 8293 – INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES 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
Sec. 1. Title. - This Act shall be known as the “Intellectual Property necessary to give effect to any provision of such convention, treaty
Code of the Philippines”. or reciprocal law, in addition to the rights to which any owner of an
intellectual property right is otherwise entitled by this Act. (n)
Sec. 2. Declaration of State Policy. - The State recognizes that an
effective intellectual and industrial property system is vital to the Sec. 4. Definitions. - 4.1. The term “intellectual property rights”
consists of:
 development of domestic and creative activity,
 facilitates transfer of technology, a) Copyright and Related Rights;
 attracts foreign investments, and b) Trademarks and Service Marks;
 ensures market access for our products. c) Geographic Indications;
d) Industrial Designs;
It shall protect and secure the exclusive rights of scientists, e) Patents;
inventors, artists and other gifted citizens to their intellectual f) Layout-Designs (Topographies) of Integrated Circuits; and
property and creations, particularly when beneficial to the people, g) Protection of Undisclosed Information (n, TRIPS).
for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, 4.2. The term "technology transfer arrangements" refers to
the State shall promote the diffusion of knowledge and information contracts or agreements involving the transfer of systematic
for the promotion of national development and progress and the knowledge for the manufacture of a product, the application of a
common good. process, or rendering of a service including management contracts;
and the transfer, assignment or licensing of all forms of intellectual
It is also the policy of the State to streamline administrative property rights, including licensing of computer software except
procedures of registering patents, trademarks and copyright, to computer software developed for mass market.
liberalize the registration on the transfer of technology, and to
enhance the enforcement of intellectual property rights in the 4.3. The term "Office" refers to the Intellectual Property Office
Philippines. (n) created by this Act. 4.4. The term "IPO Gazette" refers to the
gazette published by the Office under this Act. (n)
Sec. 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 SEC. 5. FUNCTIONS OF THE INTELLECTUAL PROPERTY OFFICE (IPO).
convention, treaty or agreement relating to intellectual property
5.1. To administer and implement the State policies declared in this What is Intellectual Property?
Act, there is hereby created the Intellectual Property Office (IPO)
Principle #1: IP is the creations of the mind.
which shall have the following functions:
- Example: Inventions, literary and artistic works, designs,
a) Examine applications for grant of letters patent for inventions and
symbols, names, and images used in commerce
register utility models and industrial designs;
Principle #2: It is considered intangible property under Art. 712 of
b) Examine applications for the registration of marks, geographic
the Civil Code.
indication, integrated circuits;
- Hence, as a property, it can be owned, and the owner has
c) Register technology transfer arrangements and settle disputes
the right to enjoy and dispose of the same without other
involving technology transfer payments covered by the provisions of
limitations other than those established by law.
Part II, Chapter IX on Voluntary Licensing and develop and
- Like any other property, it can be sold, assigned, donate,
implement strategies to promote and facilitate technology transfer;
mortgaged, inherited, and appropriated.
d) Promote the use of patent information as a tool for technology - Consequently, if taken without consent of the owner, the
development; same is considered theft in its general sense.
- Incorporeal right and the material object subject to it can be
e) Publish regularly in its own publication the patents, marks, utility
separately be a subject of ownership.
models and industrial designs, issued and approved, and the
technology transfer arrangements registered; Principle #3: Intellectual Property is a right.

f) Administratively adjudicate contested proceedings affecting - It is a statutory right , the protection and enforcement of
intellectual property rights; and which depends on the set of rights conferred by law.
- It is a private rights can be enforced only by the rights
g) Coordinate with other government agencies and the private
holder or owner. Hence, they need to participate or
sector efforts to formulate and implement plans and policies to
cooperate in any and all investigations and prosecution
strengthen the protection of intellectual property rights in the
involving violations of intellectual property rights for
country.
purposes of establishing ownership of intellectual property,
5.2. The Office shall have custody of all records, books, drawings, and determining the lack of consent or authority in the
specifications, documents, and other papers and things relating to commission of any act that is deemed infringement.
intellectual property rights applications filed with the Office. (n) - Intellectual Right is not absolute, thus, subject to certain
limitations and exceptions.

Principle #4: Intellectual Property is a Policy Tool.

 - A country can define and set the limits of intellectual - XPN: internationally well-known for trademarks wherein a
property protection and enforcement in its jurisdiction with certain degree of protection is conferred or recognized.
the end view of creating a market environment conducive
Principle #7: Reciprocity Principle
to its level of social, technological, and economic
development. - If Filipino receive intellectual property protection in a
country which is a member of any treaty or convention
Principle #5: Intellectual Property is Non-Rivalrous.
wherein the Philippines is also a signatory, or said country
- Utilization by one individual of an intellectual property will extends reciprocal rights to nationals of the Philippines by
not prevent or exclude others from using the same law, the Philippines is bound to extend the same treatment
intellectual property. Neither will reduce or diminish the to the nationals of the said country.
utilization of the intellectual property. - Based on Section 160 of the IP Code, a foreign corporation
- Example: a music entitled “Alam mo ba Girl by Hev Abi” not doing business in the Philippines needs no license to sue
fixed in a compact disc is just a recording of a copyrightable before the Philippine courts for infringement of trademark
work in an optical medium. The same music can be and unfair competition.
recorded in other media and played in other places without - The disability of a foreign corporation from suing in the
diluting or limiting the music if played by other individual in Philippines is limited to suits “to enforce any legal or
other places even at the same time. The compact disc may contract, rights arising from, or growing out, of any business
be destroyed but the music can always be played and which it has transacted in the Philippine Island.
recorded any time. - On the other hand, where a purpose of a suit is to protect
its reputation, corporate name, its good will, whenever that
Principle #6: Principle of Territoriality.
reputation, corporate name, or good will, have through the
- The IP protection is territorial or limited only within the natural development of its trade, established themselves,
jurisdiction of the country or sovereign state that recognizes and unlicensed foreign corporation may sue in the
the same. Philippines.
- Subject to international conventions or treaties, IP is only
Principle #8: The use of IP bears a social function.
protected in the country where the right holder sought
protection. - The use of intellectual property needs to be balanced with
- GR: a trademark or patent registered in the Philippines I the needs of the society. There are limitations and
only protected in the Philippines. exemptions to observed to ensure the balance of interest of
- If the right holder wants to seek protection in the United the rights holders and the general public.
States or other countries, he has to apply and register said
trademark or invention in in said countries.
TWO (2) CATEGORIES OF INTELLECTUAL PROPERTY Example: A word or logo used on packaging for
product, or in connection with
1. Industrial Property – Primarily created for business services, to identify producer or seller of goods
purposes. . It includes inventions (patents), trademarks, or services
industrial designs, and the geographic indications of source. GEOGRAPHICA Indications which identify a good as originating
IP under this category, in order to be protected, it must be L INDICATION in the territory, or a region or locality in that
evaluated and registered in the IPO. territory, where a given quality, reputation or
2. Copyright – includes literary and artistic works such as other characteristics of the good is essentially
novel, poems, plays, films, musical works, artistic works attributable to its geographical origin.
such as drawings, paintings, photographs and sculptures,
and architectural designs. Rights related to copyright A geographical term associated with particular
include those of performing artists in their performance, product characteristics,
producers of phonograms in their recordings, and those of quality, or reputation
INDUSTRIAL Any composition of lines or colors or any
broadcasters in their radio and television programs.
DESIGN three-dimensional form, whether or not
Copyright are protected from the moment of creation.
associated with lines or colors, provided that
Knowing the categories is important to determine the nature of the such composition or form gives a special
intellectual property right as well as its mode of protection and appearance to and can serve as patter for an
enforcement. industrial product or handicraft. It must be
new or ornamental.
KINDS OF INTELLECTUAL PROPERTY RIGHTS
Constitutes the ornamental or aesthetic
COPYRIGHT Original and derivative intellectual creations in aspect of an article
-Originality the literary or artistic domain, protected from
the moment of their creation. Example: A design that gives a new or original
appearance to a useful item
Example: Painting, sculpture, song, movie, PATENT Any technical solution of a problem in any field
photograph, or software -Novelty, of human activity, which is new, involves an
TRADEMARK Any visible sign capable of distinguishing the inventive step inventive step and is industrially applicable. It
-Distinctiveness goods (trademark) or services (service mark) of and industrial may be, or may relate to, a product, or
one enterprise from those of other applicability process, or an improvement of any of the
enterprises. It shall include a stamped or foregoing.
marked container of goods.
Example: new mechanical or electrical device,
 chemical composition, or process, or living information to keep it secret
matter… TRADE SECRET Plan or process, tool, mechanism, or
LAYOUT Synonymous with ‘Topography’ and means compound known only to its owner and those
DESIGN the three-dimensional disposition, however of his employees to whom it is necessary to
expressed, of the elements, at least one of confide it. The definition also extends to:
which is an active element , and of some or all (i) A secret formula or process not
of the interconnections of an integrated patented, but known only to
circuit, or such a three-dimensional disposition certain individuals using it in
prepared for an integrated circuit intended for compounding some article of trade
manufacture.” having commercial value; or
INTEGRATED A product in its final form, or an intermediate (ii) Any formula, pattern, device, or
CIRCUIT form, in which the elements, at least one of compilation of information that:
which is an active element and some or all of (1) is used in one’ business; and (2)
the interconnections are integrally formed in gives the employer an opportunity
and/or on a piece of material, and which is to obtain an advantage over
intended to perform an electronic function competitors who not possess the
PROTECTION Protection of information lawfully hel from information.
OF being disclosed to, acquired by, or sed by
UNDISCLOSED others without their consent in a manner
INFORMATION contrary to thonest and commercial practices
so long as such information: IMPORTANCE OF INTELLECTUAL PROPERTY
(i) Is secret in the sense that it is not,
as a body or in the precise 1. IP makes innovation possible. IP recognize and reward
configuration and assembly of its inventors for their hardwork so they can have the financial
components, generally known resources to re-invest in the next generation of innovation.
among or readily accessible to 2. IP ensures quality. IP provides consumers with confidence
persons within the circles that in the authenticity and quality of products they purchase.
normally deal with the kind of For example, when a food product bears a trademark,
information in question;
consumers are assured that the product is genuine and
(ii) Has commercial value because it is
supported by company that owns the trademark.
secret;
(iii) Has been subject to reasonable 3. IP improves our daily lives. IP makes our lives more
steps under the circumstances, by productive, fun, and sustainable. For example, the morning
the person lawfully in control of te
 coffee brewed in a machine is protected by design rights as 2. To know the right of others on their IP and to build a culture
well as the Iphone. of respect on intellectual property
4. IP helps farmers grow. Farmers used IP-protected tools to 3. To be part of the whole-ofsociety approach in creating a
feed our communities. The first tractor patented in 1886 stronger and effective IP system in the Philippines
saved farmers 655 million hours of labor each year. IP
protected biotech crop varieties have added 420 million
tonnes to the global food supply since 1996.
5. IP entertains us. Artist used IP to protect their work or
counterfeiting, which ensures they are recognized for their
creativity and encouraged to keep producing new artistic
works for us to enjoy.
6. IP is for everyone. IP is for everyone to use to protect their
hardwork.

INTELLECTUAL PROPERTY PROCESS (C-P-C)

1. IP CREATION - The State shall encourage the society to be

more innovative and creative towards economic and socio-
cultural development
2. IP PROTECTION - The State shall protect and secure the
exclusive rights of scientists, inventors, artists and other
gifted citizens to their intellectual property and creations
3. IP COMMERCIALIZATION - The process of turning a creation
or invention into a commercially feasible product, service or
process

Why Knowledge on IP is important?

1. To know your rights as the creator of the intellectual

property and protect against intellectual property
infringement