Industrial Designs Law in Philippines
In the Philippines, industrial design protection is governed by the Intellectual Property Code of the Philippines (Republic Act No. 8293), specifically under Sections 112 to 117, and is administered by the Intellectual Property Office of the Philippines (IPOPHL).
🛡️ What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of an article. It may consist of three-dimensional features, such as the shape or surface of the article, or two-dimensional features, such as patterns, lines, or color. To qualify for protection, the design must be new or original.
✅ Requirements for Protection
To be eligible for registration, an industrial design must meet the following criteria:
Novelty: The design must be new or original.
Non-functionality: The design should not be dictated solely by technical or functional considerations to achieve a technical result.(
Non-separability: The design should not be merely a scheme of surface ornamentation existing separately from the industrial product or handicraft
Morality and Public Order: The design should not be contrary to public order, health, or morals.
These criteria are outlined in Section 113 of the Intellectual Property Code .
📝 Registration Process
Prepare the Application: Submit the following to IPOPHL:
A request for registration of the industrial design
Information identifying the applicant.
An indication of the kind of article of manufacture or handicraft to which the design will be applied.
A representation of the article by way of drawings, photographs, or other adequate graphic representation.
Examination: IPOPHL will examine the application to ensure compliance with the requirements.
Publication: Upon acceptance, the design will be published for public inspection.
Registration: If no opposition is filed, the design will be registered, and a certificate of registration will be issued.
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: The registration may be renewed for two consecutive periods of five years each, totaling a maximum of 15 years.
Renewal Fees: Applicable fees must be paid within the prescribed period to maintain the registration.
🌐 International Protection
The Philippines is set to join the Geneva Act of the Hague Agreement concerning the international registration of industrial designs. This will allow Filipino designers to seek protection for their designs in multiple countries through a single application .
⚖️ Enforcement and Legal Recourse
Design rights holders can enforce their rights through:
Administrative Actions: Filing complaints with IPOPHL for violations of design rights.
Judicial Actions: Pursuing legal action in courts for infringement and seeking remedies such as injunctions and damages.
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