Intelectual Property Law RA 8293 1

What is Intellectual Property?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works;
designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn
recognition or financial benefit from what they invent or create. By striking the right balance between the
interests of innovators and the wider public interest, the IP system aims to foster an environment in which
creativity and innovation can flourish.
Copyright
What is copyright?
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary
and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to
computer programs, databases, advertisements, maps, and technical drawings.
What can be protected using copyright?
Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or
mathematical concepts as such. Copyright may or may not be available for a number of objects such as
titles, slogans, or logos, depending on whether they contain sufficient authorship.
There are two types of rights under copyright:
economic rights, which allow the rights owner to derive financial reward from the use of their works by
others; and
moral rights, which protect the non-economic interests of the author.
Most copyright laws state that the rights owner has the economic right to authorize or prevent certain uses
in relation to a work or, in some cases, to receive remuneration for the use of their work (such as through
collective management). The economic rights owner of a work can prohibit or authorize: its reproduction in
various forms, such as printed publication or sound recording; its public performance, such as in a play or
musical work; its recording, for example, in the form of compact discs or DVDs; its broadcasting, by radio,
cable or satellite; its translation into other languages; and its adaptation, such as a novel into a film
screenplay.
Examples of widely recognized moral rights include the right to claim authorship of a work and the right to
oppose changes to a work that could harm the creator's reputation.
In the majority of countries, and according to the Berne Convention, copyright protection is obtained
automatically without the need for registration or other formalities.
Most countries nonetheless have a system in place to allow for the voluntary registration of works. Such
voluntary registration systems can help solve disputes over ownership or creation, as well as facilitate
financial transactions, sales, and the assignment and/or transfer of rights.
In the Philippines, copyright protection for artistic, literary and derivative works lasts during the lifetime of
the author plus 50 years after the author’s death. This term of protection also applies to posthumous works.
In the case of joint authorship, the economic rights shall be protected during the lifetime of the last surviving
author plus 50 years after such author’s death.
Patents
What is a patent?
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in
general, a new way of doing something, or offers a new technical solution to a problem. To get a patent,
technical information about the invention must be disclosed to the public in a patent application.
In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting
the patented invention. In other words, patent protection means that the invention cannot be commercially
made, used, distributed, imported or sold by others without the patent owner's consent.
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in
which a patent has been filed and granted, in accordance with the law of that country or region.
The protection is granted for a limited period, generally 20 years from the filing date of the application.
Trademarks
What is a trademark?
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other
enterprises. Trademarks are protected by intellectual property rights.
How can I protect my trademark?
At the national/regional level, trademark protection can be obtained through registration, by filing an
application for registration with the national/regional trademark office and paying the required fees. At the
international level, you have two options: either you can file a trademark application with the trademark
office of each country in which you are seeking protection, or you can use WIPO’s Madrid System.
WIPO – World Intellectual Property Organization
What rights does trademark registration provides?

In principle, a trademark registration will confer an exclusive right to the use of the registered trademark.
This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in
return for payment. Registration provides legal certainty and reinforces the position of the right holder, for
example, in case of litigation.
How long does trademark protection last?
The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on
payment of additional fees. Trademark rights are private rights and protection is enforced through court
orders.
What kinds of trademark can be registered?
A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But
trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and
packaging of goods, non-visible signs such as sounds or fragrances, or color shades used as distinguishing
features – the possibilities are almost limitless.
Intellectual Property Code of the Philippine (R.A 8293)

R.A 8293 also known as the Intellectual Property Code of the Philippines authored by the late senator Raul
S. Roco was signed into law on june 6 1997 and took effect on January 1, 1998.
The State recognizes that an effective intellectual and industrial property system is vital to the development
of domestic and creative activity, 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.
MANDATE & FUNCTION

IPOPHL (Intellectual Property office of the Philippines) is the government agency mandated to administer
and implement State policies on intellectual property (IP) to strengthen the protection of IP rights in the
country.
Coined as the "DREAM" mandate, IPOPHL performs the following functions to protect and secure the
exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and
creations.
Development-Oriented
Promote the use of patent information as a tool for technological development
Regulatory
Examine applications and grant patents, or register utility models, industrial designs,
trademarks, geographical indication, and integrated circuits;
Help protect copyright by assisting in the facilitation of deposit of work with the National Library
Register technology transfer arrangements
Enforcement
Undertake enforcement functions supported by concerned agencies such a the PNP, NBI,
Customs, OMB, LGUs, etc.
Conduct visits during reasonable hours to establishments and businesses engaging in activities
violating IPRs and provisions of the IP Code based on report, information or complaint received by the
Office.
Adjudicatory
Hear and decide cases relating to:
violations of IP Rights
Cancellations and oppositions to registration
Compulsory licensing
Settle disputes involving technology transfer payments
Policy-Making
Coordinate with relevant government agencies and the private sector efforts to formulate and
implement plans and policies to strengthen the protection of intellectual property rights in the country.
Develop and implement strategies to promote and facilitate technology transfer
Penalties
Patent - Under the old law, the penalties for repetition of infringement are: PhP10,000 and/or 5 years of
imprisonment and the offense prescribes in 2 years; under the present law, the penalties range from
PhP100,000 to PhP300,000 and/or 6 months to 3 years of imprisonment and the offense prescribes in 3
years.
Trade marks - Under the former law, penalties for infringement, unfair competition, false designation of
origin and false description or representation range from fine of PhP500 to PhP2,000 and/or 6 months to 3
years and 4 months of imprisonment; while under the latter law, the penalties range from fine of PhP50,000
to PhP200,000 and/or 2 to 5 years of imprisonment.
Copyright - The scheme of penalties for infringement has also been changed. From the previous fine of
Php200 to Php2,000 and/or imprisonment of 1 year, the current range of penalties are as follows:
For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3 years
For second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment of 3 to 6 years
For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million and/or imprisonment of
6 to 9 years.
In case of insolvency, the offender shall furthermore suffer subsidiary imprisonment.
References:
https://www.wipo.int/about-ip/en/
https://www.federislaw.com.ph/faqs-resources/copyright/
https://www.chanrobles.com/legal7code.htm#.Xn5V3YgzbIU
https://www.ipophil.gov.ph/mandate-function/
https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
https://www.youtube.com/watch?v=YlQFRzW6USQ

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Intelectual Property Law RA 8293 1

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What is Intellectual Property?

What rights does trademark registration provides?

Intellectual Property Code of the Philippine (R.A 8293)

MANDATE & FUNCTION

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