Chapter 9 - Intellectual Property Rights

Early Laws and Issuances on IPR | Significant Developments in IP Law
International IPR Treaties | Government Agencies

It is State policy to protect and promote intellectual property rights in the Philippines. This was enshrined in both the 1973 Constitution and the 1987 Constitution. The former provides that "the exclusive right to inventions, writings and artistic creations shall be secured to inventors, authors, and artists for a limited period", while the latter explicitly mandates that "the State shall protect intellectual property."

As in many parts of the world however there is a world of difference between what is enshrined in the legal code and actual practice in the market. Problems encountered with intellectual property protection continue to be a major problem for a number of companies.

Counterfeit goods are freely available on the market from sidewalk vendors as are pirated video and audio CDs and software. These problems are not so evident in established retail enterprises although some do stock fake goods. it is understood that often in the spare parts industry, pass-offs are a problem.

Companies with intellectual property or a brand name to protect should take the usual precautions and obtain and retain proper legal advice from a qualified attorney. A good place to start in the search is the Pipers virtual IP library. The Philippine area of this website can be found at www.piperpat.co.nz/asia/ph.html.

The Philippines regularly features in the US Congress Special 301 reports as a result of its failure to properly enforce its own IP regulations. In fairness the government is making an effort - especially in the more visible and high profile areas but the problem is enormous and will take time to overcome given competing priorities.

In fact dealing with intellectual property violations through legal channels can be a time consuming and expensive business and a case can drag on through the courts for many years. Some 85% of all IP cases are eventually settled out of court.

There are other alternatives to legal redress and increasingly companies are turning to specialist consultancies that are able to draw up strategies to manage the problem before it becomes a legal issue.

Early Laws and Issuances on IPR

The first laws protecting intellectual property rights were enacted in the Philippines in 1947, these were:

Republic Act No. 165 otherwise known as "An Act Creating a Patent Office, Prescribing its Powers and Duties, Regulating the Issuance of Patents and Appropriating Funds Therefore."

Republic Act No. 166 otherwise known as "An Act to Provide for the Registration and Protection of Trade Marks, Trade Names and Service Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same, and for other Purposes."

The following additional laws and executive issuances were also enacted to further promote and protect intellectual property rights:

Republic Act No. 422 transferring the examination of copyright applications to the Bureau of Public Libraries.

Republic Act No. 623 regulating the use of duly stamped or marked bottles, boxes, casks, kegs, barrels, and other similar containers; providing, in the case of foreign applicants, for reciprocity and recognition of their priority rights; establishing, in the case of trademarks, principal and supplemental as well as interference proceedings; extending protection of utility models and industrial designs under the patent system; and providing, in the case of trademark registration, for reciprocity arrangements with other countries.

Republic Act No. 5434 providing for a uniform procedure for appeals from the decision of quasi-judicial officers including the Director of Patents.

Administrative Order No. 94 [November 20, 1967] creating a committee to review the Philippine patent system and recommend amendatory laws to further upgrade it.

Presidential Decree No. 721 creating the Legal Services Division and the Research and Information Division in the Philippine Patent Office. Subsequently, major reorganization of the various Divisions was made in the 1980's.The General Organic Chemistry Division and the Chemical Technology Division were merged to form the Chemical Division. The Mechanical-Electrical Division was merged with the Mechanical, Design, Utility Model Division and Electrical Division to form the Mechanical and Electrical Examining Division.

Presidential Decree No. 1263 amending Republic Acts Nos. 165 and 166, granting authority to the Philippine Patent Office to increase its fees and to spend a portion of its income for priority projects; exempting indigent inventors who filed their application for patent through the Philippine Inventor's Commission from all fees charged by the Philippine Patent Office; and shortening the period for the grant of a compulsory license from one hundred eighty [180] days to one hundred twenty [120] days from the date the petition is filed in cases where the compulsory license applied for is on a patented product or process involving any project approved by the Board of Investments [BOI].

Executive Order No. 133 [February 27, 1987] merging the Philippine Patent Office with the then Technology Transfer Board thereby creating the Bureau of Patents, Trademarks and Technology Transfer [BPTTT].

Executive Order No. 60 was issued in 1993 creating the Inter-Agency Committee on Intellectual Property Rights [IAC-IPR] under the Office of the President of the Philippines.

Department Administrative Orders Nos. 5 and 6 introduced amendments to the Rules of Practice in Patent and Trademark Cases and the Rules of Procedures of the Technology Transfer Registry effective on March 15, 1993.

Presidential Decree No. 1987 [Decree Creating the Videogram Regulatory Board].

Executive Order No. 60 issued on February 26, 1993, creating the Presidential Inter-Agency Committee on Intellectual Property Rights. Several member-agencies of this Committee have created special task forces on IPR such as the Department of Trade and Industry [DTI], Department of Justice [DOJ], National Bureau of Investigation [NBI], Bureau of Customs [BOC] and the Philippine National Police [PNP].

Republic Act No. 8293 otherwise known as the "Intellectual Property Code of the Philippines" was enacted and signed into law in 1997. It took effect on January 1, 1998.) This Act repealed all earlier Acts and parts of Acts inconsistent therewith, more particularly:

- Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing its Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds;

- Republic Act No. 166, as amended [An Act to Provide for the Registration and Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same, and for Other Purposes];

- Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];

- Presidential Decree No. 285, as amended [Decree on the Protection of Intellectual Property];

- Articles 188 and 189 of the Revised Penal Code of the Philippines.



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