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
Group 2
Canopin, Carlota M.
Cruz, Tiffany Grace V.
Era, Emil D.
Salazar, Irish Nicole S.
Sunggayan, Krystel A.
Tan, Rose Marie B.
Introduction
Also known as the Intellectual Property Code of the Philippines
The Philippine government has made it a State policy to protect and promote
intellectual property rights. This policy was enshrined both in the 1973
Constitution which provides that the exclusive right to inventions, writings and
artistic creations shall be secured to inventors, authors, and artists for a limited
period and in the 1987 Constitution which explicitly mandates that the State
shall protect intellectual property.
The Philippines became a member of the World Intellectual Property
Organization [WIPO] in 1980. It was a signatory to a number of significant
multilateral international agreements and treaties for the protection and
promotion of intellectual property rights.
 PART I
THE INTELLECTUAL PROPERTY OFFICE
Section 1. Title. - This Act shall be known as the "Intellectual Property
Code of the Philippines.

Section 2. Declaration of State Policy. - 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.
Section 4. Definitions.
4.1. The term "intellectual property rights" consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information
Section 5. Functions of the Intellectual Property Office (IPO).

Section 6. The Organizational Structure of the IPO

6.1. The Office shall be headed by a Director General who shall be assisted by two
(2) Deputies Director General.
6.2. The Office shall be divided into six (6) Bureaus, each of which shall be headed
by a Director and assisted by an Assistant Director. These Bureaus are:
a) The Bureau of Patents;
b) The Bureau of Trademarks;
c) The Bureau of Legal Affairs;
d) The Documentation, Information and Technology Transfer Bureau;
e) The Management Information System and EDP Bureau; and
Section 7. The Director General and Deputies Director General.
7.1. Functions. - The Director General shall exercise the following powers and
functions:
a) Manage and direct all functions and activities of the Office
b) Exercise exclusive appellate jurisdiction over all decisions
c) Exercise original jurisdiction to resolve disputes relating to the terms of a license
involving the author's right to public performance or other communication of his
work.

7.2. Qualifications. The Director General and the Deputies Director General must
be natural born citizens of the Philippines, at least thirty-five (35) years of age on
the day of their appointment, holders of a college degree, and of proven
competence, integrity, probity and independence: Provided, That the Director
General and at least one (1) Deputy Director General shall be members of the
Philippine Bar who have engaged in the practice of law for at least ten (10) years.
Section 16. Seal of Office. The Office shall have a seal, the form and design of
which shall be approved by the Director General. (Sec. 4, R.A. No. 165a)

Section 17. Publication of Laws and Regulations. The Director General shall cause
to be printed and make available for distribution, pamphlet copies of this Act, other
pertinent laws, executive orders and information circulars relating to matters within
the jurisdiction of the Office. (Sec. 5, R.A. No. 165a)

Section 19. Disqualification of Officers and Employees of the Office. All officers and
employees of the Office shall not apply or act as an attorney or patent agent of an
application for a grant of patent, for the registration of a utility model, industrial
design or mark nor acquire, except by hereditary succession, any patent or utility
model, design registration, or mark or any right, title or interest therein during their
employment and for one (1) year thereafter. (Sec. 77, R.A. No. 165a)
 PART II
THE LAW ON PATENTS
Section 21. Patentable Inventions. Any technical solution of a problem in any field of
human activity which is new, involves an inventive step and is industrially applicable shall
be Patentable. It may be, or may relate to, a product, or process, or an improvement of any
of the foregoing. (Sec. 7, R.A. No. 165a)

Section 22. Non-Patentable Inventions.

The following shall be excluded from patent protection:
22.1. Discoveries, scientific theories and mathematical methods;
22.2. Schemes, rules and methods of performing mental acts, playing games or doing
business, and programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and
diagnostic methods practiced on the human or animal body.
22.4. Plant varieties or animal breeds or essentially biological process for the production of
plants or animals.
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality.
Section 28. Right to a Patent.
The right to a patent belongs to the inventor, his heirs, or assigns.
When two (2) or more persons have jointly made an invention, the
right to a patent shall belong to them jointly. (Sec. 10, R.A. No. 165a)

Section 29. First to File Rule.

If two (2) or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to the
person who filed an application for such invention, or where two or
more applications are filed for the same invention, to the applicant
who has the earliest filing date or, the earliest priority date. (3rd
sentence, Sec. 10, R.A. No. 165a.)
Section 32. The Application.
32.1. The patent application shall be in Filipino or English and shall
contain the following:
(a) A request for the grant of a patent;
(b) A description of the invention;
(c) Drawings necessary for the understanding of the invention;
(d) One or more claims; and
(e) An abstract.

Section 34. The Request. The request shall contain a petition for the
grant of the patent, the name and other data of the applicant, the
inventor and the agent and the title of the invention.
Section 45. Confidentiality Before Publication.
A patent application, which has not yet been published, and all related
documents, shall not be made available for inspection without the
consent of the applicant.

Section 50. Grant of Patent.

50.1. If the application meets the requirements of this Act, the Office
shall grant the patent: Provided, That all the fees are paid on time.

Section 54. Term of Patent.

The term of a patent shall be twenty (20) years from the filing date of
the application. (Sec. 21, R.A. No. 165a)
 PART III
THE LAW ON TRADEMARKS, SERVICE
MARKS AND TRADE NAMES
Section 121. Definitions.
As used in Part III, the following terms have the following meanings:
121.1. "Mark" means any visible sign capable of distinguishing the
goods (trademark) or services (service mark) of an enterprise and shall
include a stamped or marked container of goods; (Sec. 38, R.A. No.
166a)

A trademark is a tool used to differentiate goods and services from

each other. Part III of the IP Code states that the rights in a mark shall
be acquired through registration made validly in accordance with the
provisions of this law. The certificate of registration shall remain in
force for ten (10) years and may be renewed for periods of ten years at
its expiration upon payment of the prescribed fee and upon filing of a
request.
 PART IV
THE LAW ON COPYRIGHT
Copyright is the legal protection extended to the owner of the rights in an original
work, which may refer to every production in the literary, scientific, and artistic
domain. Among the literary and artistic works enumerated in the IP Code are:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether
or not reduced in writing or other material form;
(d) Letters;
(e) Dramatic or dramatico-musical compositions; choreographic works or
entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or
other works of art; models or designs for works of art;
(h) Original ornamental designs or models for articles of manufacture
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to
geography, topography, architecture or science;
(j) Drawings or plastic works of a scientific or technical character;
(k) Photographic works
(l) Audiovisual works and cinematographic works (m) Pictorial illustrations and
advertisements;
(n) Computer programs; and
(o) Other literary, scholarly, scientific and artistic works.

Section 213. Term of Protection.

213.1. Subject to the provisions of Subsections 213.2 to 213.5, the copyright in
works under Sections 172 and 173 shall be protected during the life of the author
and for fifty (50) years after his death. This rule also applies to posthumous works.
(Sec. 21, first sentence, P.D. No. 49a)
Section 217. Criminal Penalties.
217.1. Any person infringing any right secured by provisions of Part IV of this Act or
aiding or abetting such infringement shall be guilty of a crime punishable by:
(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from
Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for
the first offense.
(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine
ranging from One hundred fifty thousand pesos (P150,000) to Five hundred
thousand pesos (P500,000) for the second offense.
(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine
ranging from five hundred thousand pesos (P500,000) to One million five hundred
thousand pesos (P1,500,000) for the third and subsequent offenses.
(d) In all cases, subsidiary imprisonment in cases of insolvency.
 PART V
FINAL PROVISIONS
Section 231. Reverse Reciprocity of Foreign Laws.
Any condition, restriction, limitation, diminution, requirement, penalty
or any similar burden imposed by the law of a foreign country on a
Philippine national seeking protection of intellectual property rights in
that country, shall reciprocally be enforceable upon nationals of said
country, within Philippine jurisdiction.

Section 232. Appeals.

232.1. Appeals from decisions of regular courts shall be governed by
the Rules of Court. Unless restrained by a higher court, the judgment of
the trial court shall be executory even pending appeal under such
terms and conditions as the court may prescribe.
Repealed Laws
Republic Act 8293 repealed the following laws: R.A. No.165 or the
Patent Law (creating the patent office) and R.A. No. 166 or the
Trademark Law (providing for the registration and protection of trade-
marks, trade-names and service-marks) which were signed on June 20,
1947; Articles 188 (subsisting and altering trade-mark, trade-names, or
service marks) and 189 (unfair competition, fraudulent registration of
trade-mark, trade-name or service mark, fraudulent designation of
origin, and false description) of the Revised Penal Code; Presidential
Decree (P.D.) No. 49, signed November 14, 1972 (decree on the
protection of intellectual property); and P.D. No. 285, signed
September 3, 1973 (authorizing the compulsory licensing or reprinting
of educational, scientific or cultural books and materials).
Conclusion
With the continuous improvement in technology, our thoughts and
imaginations before are now real and continuously changing. The IP
Code is put in place to protect the creative minds of the Filipinos who
have endless innovative works. Further amending the IP Code is a
significant stride in the governments fight against piracy. The IP Code
does not only protect the outputs of the creators, but also safeguards
the general public from pirated merchandise, which may be cheaper
but may have harmful effects. The success of IP Code implementation
does not only rest on IPOPHL but also on the inventors and
creators. They should be watchful against illegal copying and
reproduction and at the same time responsible with their duties as
inventors and creators (e.g. payment of fees) in order to protect their
intellectual property.
End of Report
References

http://ap.fftc.agnet.org/ap_db.php?id=94
http://www.usep.edu.ph/ulrc/wp-
content/uploads/sites/22/2015/09/INTELLECTUAL-PROPERTY-CODE-
OF-THE-PHILIPPINES1.pdf
http://booksphilippines.gov.ph/wp-content/uploads/2016/03/ra-
8293.pdf
http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html