Intellectual Property Laws at Philippines
The Intellectual Property Code of the Philippines (Republic Act No. 8293), enacted on June 6, 1997, serves as the cornerstone of the country's intellectual property (IP) legal framework. It establishes the Intellectual Property Office of the Philippines (IPOPHL) and outlines the rights and responsibilities concerning various forms of IP, including patents, trademarks, copyrights, and more.
🏛️ Key Provisions of RA 8293
1. Establishment of IPOPHL The Act created IPOPHL to oversee the administration and enforcement of IP laws in the Philippines IPOPHL is responsible for IP registration, policy formulation, and public awareness initiatives
2. Intellectual Property Rights Covered RA 8293 defines and protects the following IP rights
Copyright and Related Rights
Trademarks and Service Marks
Geographical Indications
Industrial Designs
Patents
Layout-Designs (Topographies) of Integrated Circuits
Protection of Undisclosed Information
3. International Conventions and Reciprocity The Act ensures that individuals and entities from countries that are parties to international IP treaties to which the Philippines is also a signatory are entitled to the same IP protections as Filipino nationals This includes adherence to conventions such as the Paris Convention and the Berne Convention
📄 Types of Intellectual Property Protection
1. Trademarks
Eligibility Distinctive signs capable of distinguishing goods or service.
Duration 10 years from the registration date, renewable indefinitely.
2. Patents
Eligibility Inventions that are new, involve an inventive step, and are industrially applicable.
Duration 20 years from the filing dat.
3. Industrial Designs
Eligibility The aesthetic aspects of a product that are new and original.
Duration 5 years from the registration date, renewable up to 25 year.
4. Copyright
Eligibility Original works in the fields of literature, science, and ar.
Duration Life of the author plus 50 years.
⚖️ Enforcement and Legal Actions
IP enforcement in the Philippines involves various government agencies, including IPOPHL, the National Bureau of Investigation (NBI), and the **Philippine National Police (PNP)*. These agencies collaborate to address IP violations through investigations, raids, and legal proceeding.
🔄 Amendments and Update
In 2013, Republic Act No. 10372 amended RA 8293 to enhance IP protection and enforcement. Key amendments include:
Establishment of the Bureau of Copyright and Other Related Rights within IPOPHL.
Granting specific enforcement functions to the Director General of IPOPHL and deputies.
Implementation of technological protection measures and rights management information for copyrighted works disseminated through the internet.
Copyright limitations and exceptions for the benefit of visually-impaired persons.
Clarifications on copyright infringements.
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