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Lesson 5 - Overview of IP System

The document provides an overview of intellectual property laws in the Philippines through a timeline from 1879-2012. It outlines key intellectual property laws passed, including the country joining international IP organizations. It also describes the Intellectual Property Code of 1997 as the main law, and features of the Code like changing to a first-to-file system and increased patent terms. The Intellectual Property Office of the Philippines is established to implement the Code across six bureaus.

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Kimberly Marbella
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125 views16 pages

Lesson 5 - Overview of IP System

The document provides an overview of intellectual property laws in the Philippines through a timeline from 1879-2012. It outlines key intellectual property laws passed, including the country joining international IP organizations. It also describes the Intellectual Property Code of 1997 as the main law, and features of the Code like changing to a first-to-file system and increased patent terms. The Intellectual Property Office of the Philippines is established to implement the Code across six bureaus.

Uploaded by

Kimberly Marbella
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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OVERVIEW OF THE

INTELLECTUAL PROPERTY
SYSTEM
TIMELINE OF INTELLECTUAL PROPERTY LAWS IN THE
PHILIPPINES

• The Spanish Law on Intellectual Property , the first known


1879 copyright law in the Philippines, was approved.

• The Spanish Law on Intellectual Property came into force.


1880

• The Treaty of Paris was signed between the European country


1896 and the United states to formalise the end of hostilities.

• The PH legislature passed RA No. 2235 making United States’


1913 patent laws applicable in the PH.
TIMELINE OF INTELLECTUAL PROPERTY LAWS IN THE
PHILIPPINES

RA No. 3134 entitled, “An Act to Protect Intellectual Property” was


1924 • passed. making it the main intellectual property law in effect until
after Philippine independence from the US in 1945

• The PH entered into international conventions.


1940s

RA No.165 – “Act Creating a Patent Office, Prescribing Powers and Duties


, Regulating the Issuance of Patents and Appropriating Funds Therefore”,

1947 • and RA No. 166 – “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’ was signed into law.
TIMELINE OF INTELLECTUAL PROPERTY LAWS IN THE
PHILIPPINES

the Philippines also entered into the Berne Convention for


• the Protection of Literary and Artistic Works
1951

the Philippines become a member of Rome Convention of International


1964 • Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organizations.

The convention establishing the word Intellectual Property


• Organisation came into force.
1980
TIMELINE OF INTELLECTUAL PROPERTY LAWS IN THE
PHILIPPINES

• The Establishment of BPTTT.


1987

The PH adhered to the agreement on the Trade –Related Aspects of


• IP Rights, following its entry into the World Trade Organization in the
1995 same year.

• The Intellectual Property Code, known as RA No. 8293, was signed


1997 into law.

• The Intellectual Property Code was passed and enforced.


1998

• The Revised Intellectual Property Code was passed and enforced.


2012
The IP Code of the Philippines

• Republic Act No. 8293 (An Act Prescribing


the Intellectual Property Code and
Establishing the Intellectual Property Office ,
Providing for its Powers and Functions, and
for Other Purposes) otherwise known as the
Intellectual Property Code of the Philippines.
State Policy Declaration:

• The state recognizes that an effective intellectual


and industrial property system is vital to the
development of domestic and creativity, facilitates
transfer of technology, attracts foreign investments ,
and ensures market access for our products.

• It shall protect and secure the exclusive rights of


scientists, inventors, artists and other gifted citizens
to their intellectual property and creations,
particularly when beneficial to the people, for such
periods as provided in this Act.
State Policy Declaration:

• The use of intellectual property bears a social function.


• The State shall promote the diffusion of knowledge and
information for the promotion of national development
and progress of the common good.
• It is also the policy of the State to streamline administrative
procedures of registering patents, trademarks and
copyright, to liberalize the registration on the transfer of
technology, and to enhance the enforcement of intellectual
property rights in the Philippines.
Significant features of the law:

• A shift was made from the “first-to-invent system”


under R.A. 165 [old law] to “first-to-file system” under
the new law.
• In the case of inventions, the period of the grant was
increased from 17 years from grant under the old law
to 20 years from date of filing under the new law.
• In the case of utility models, the previous grant of 5
years plus renewals of 5 years each under the old law
was changed to 7 years without renewal under the
new law.
• In the case of utility models, the previous grant of 5
years plus renewals of 5 years each was maintained.
Significant features of the law:
• Under the old law , there was no opposition
proceedings and the examination is mandatory; under
the new law, the examination is made only upon
request [possibly with or without examination].
• Under the old law, publication is made after the grant;
under the new law, publication is effected after 18
months from filing date or priority date.
• Under the old law, the penalties for the repetition of
infringement are; PhP 10,000 and/or 5 years of
imprisonment and the offense prescribes in 2 years;
under the present law, the penalties range from PhP
100,000 to PhP 300,000 and/or 6 months to 3 years of
imprisonment and the offense and the offense
prescribes in 3 years.
The Intellectual Property Office of the Philippines

• The agency of the government in charge of the implementation


of the Intellectual Property Code is the Intellectual Property
Office which is replaced the Bureau of Patents, Trademarks and
Technology Transfer. It is divided into six (6) Bureaus, namely;

[1] Bureau of Patents;


[2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
[4] Documentation, Information and Technology Transfer
Bureau
[5] Management Information System and EDP Bureau; and
[6] Administrative, Financial and Personnel Services Bureau.
What is Intellectual Property?
• Intellectual property refers to creations of the mind;
inventions; literary and artistic works; and symbols, names
and images used in commerce.

• Intellectual property is divided into two categories: Industrial


Property includes patents for inventions, trademarks,
industrial designs and geographical indications.

• Copyright covers literary works (such as novels, poems and


plays), films, music, artistic works (e.g., drawings, paintings,
photographs and sculptures) and architectural design. Right
related to copyright include those of performing artists in
their performances, procedures of phonograms in their
recordings, and broadcasters in their radio and television
programs. (www.wipo.int.)
What is IP? IPR?

• Anything created by or product of


the human mind and intellect that is

IP fixed in tangible form and thus


capable of expression,
communication, application,
reproduction and distribution

• Rights attached to IP; metes and


bounds of ownership and other

IPR legal rights on IP


Intellectual Property Process
idea

intellectual image

creation of the mind

INTELLECTUAL PROPERTY
Essential feature of IPR

Exclusive Territory-
Time-Limited
Rights Specific
• an exclusive right • Enforce your • Period of
to prevent others right at the Protection
from copying, country where
making, selling, your IP is
offering for sale protected
and distributing
the work
Under the IP Code, IPR consists of:

Copyright
and related Patents and Utility
Model Industrial Design
rights

Lay-out
Trademarks Geographical
Designs of IC
Indications

Protection of undisclosed information

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