SOUTHERN LEYTE STATE UNIVERSITY

INSTITUTE OF ARTS AND SCIENCES

MODULE 1

UNIT 1: FOUNDATION OF IPR

COURSE OVERVIEW

Course No. 212

Course Code InduTech

Descriptive Title Intellectual Property Rights

Credit Units 3 Units

School Year/Term 1st Semester, AY: 2022-2023

Mode of Delivery Flexible Learning Modality

Name of Instructor/ Geneza T. Suhillo

Professor
Course Outcomes Discuss the nature, concept and application of Intellectual Property Rights

SLSU Vision By 2040, Southern Leyte University is a leading higher education institution
that advances knowledge and will be known for innovation and compassion
for humanity, creating an inclusive society and sustainable world

SLSU Mission We commit to be smart and green University that advances education,
technological and professional instruction, research and innovation,
community engagement services and progressive leadership in arts, sciences
and technology that are relevant to the needs of the global communities. We
produce graduates and life-long learners equipped with knowledge that
enhances lives and invigorates economic development

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

MODULE GUIDE

In this module, we will discuss the concept, nature, philosophy theories, history, treaties,
and reciprocities of the Intellectual Property in relation to R.A. 8293. and all other related topics
that will give way to the understanding of this law. Students are expected to assimilate the
provisions, guidelines underlying this module.

This module is divided into seven (7) separate lessons or topic namely; 1.) Basic concept of
Intellectual Property 2.) Nature of Intellectual Property Rights 3.) Philosophy of Protection of
Intellectual Property Right, 4.) Historical Background of Intellectual Property Law in the
Philippines, 5.) Non-retroactivity of IPR law, 6.) International Convention and Reciprocity, and 7.)
The Intellectual Property Office. It is my earnest desire to complete the topics within the scheduled
dates.

PRE-TEST

Test I. True or False

1. Any foreign national or juridical entity not engaged in business in the Philippines, to which a
patent has been granted or assigned by IP law, may bring action for infringement of patent,
whether or not it is a licensed to do business in the Philippines.

2. That intellectual property is considered as property and therefore it must be protected.

3. Karl Marx was the proponent of labor theory on property who said that “when a person
works, that labor enters into the object, thus, the object becomes the property of that person”.

4. The overall head of Intellectual Property Office which all decisions of the Directors of different
Bureaus can be appealed is the Director General.
5. Intellectual property right is considered as an asset that can be valued, traded, and subject to
an agreement.

6. Basically, Intellectual Property broadly refers to the creations of human ingenuity and
creativity. It means a product of human mind and intellect which if exploited, can be subject
for commercial usage.

Test II. MCQ

1. Intellectual Property refers also to knowledge and information which can be incorporated in
______ and can be commercially exploited by giving a right of usage on the holder of the right
over such property.
a. household objects
b. tangible property
c. tangible objects

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

2. All IPR products solve ___________, provides convenience, safety, speedy process, efficient
productivity, and luxury.
a. Personal problem
b. Personal difficulties
c. Human problem

3. _____ are those original creative work protected from moment of creations.
a. Patent
b. Trademark
c. Copyright

4. Director General shall be subject to the supervision of the Secretary of Department of _____.
a. Agriculture
b. Labor and Employment
c. Trade and Industry

5. The Bureau of _________hears and decide opposition to the application for registration of
marks; cancellation of trademarks; cancellation of patents, utility models, and industrial
designs; and petitions for compulsory licensing of patents.
a. Patent
b. Trademark
c. Legal affairs

6. The Intellectual property right is considered as property right which must be protected in
order to exclude the others from_______.
a. commercial exploitation
b. commercial trading
c. business opportunity

7. _____ of the Treaty of Paris specifically made mention of the existent intellectual property
system in the Philippines: “The rights of property secured by copyrights and patents acquired
by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other ceded
territories, at the time of the exchange of the ratifications of this treaty, shall continue to be
respected…”
a. Article III
b. Article II
c. Article XIII

8. The Director General and the Deputies Director General must be _____ of the Philippines.
a. 35 years of age
b. Lawyer
c. Natural-born citizen

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

MODULE 1
CONCEPT OF INTELLECTUAL PROPERTY RIGHTS AND IPO

LEARNING PLAN

Intended Learning Outcomes:

1. Explain the fundamental concepts, history, philosophy, reciprocity, non-retroactivity,
state policies, treaties of Intellectual Property Rights.

2. State the distinctions of Copyrights, Patents, and Trademark

3. Identify the functions and powers of IP office and its Bureaus

Week 1-LESSON 1: The Basic Concept of Intellectual Property

Introduction
Before we are going to discuss about what rights do Intellectual Property have, we need to
understand the basic concept of Intellectual Property. Now, you may ask yourself “What is
Intellectual Property? Why there is a right that needs to be protected over the said Intellectual
Property?
Basically, Intellectual Property broadly refers to the creations of human ingenuity and creativity.
It means a product of human mind and intellect which if exploited, can be subject for commercial
usage. When we say “product”, it refers to things that has been tangible and visible to our human
senses.

Intellectual Property refers also to knowledge and information which can be incorporated in
tangible objects and can be commercially exploited by giving a right of usage on the holder of the
right over such property.

Most of the things that we are using today are all products of human ingenuity, from Airplanes,
Ships, Vehicles, motorcycles, machines, powers tools, farm machineries, electronic products such
as your sophisticated mobile phones, laptops, personal computers, tablets, the software’s, your
smart TV, those household products and utensils, furniture, home decors, and fixtures, software
that run the said gadgets, medicines to cure diseases etc. as I mentioned before these are all
product of intellectual property. Indeed, all these products solve human problems, provides
convenience, safety, speedy process, efficient productivity, and luxury.

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INSTITUTE OF ARTS AND SCIENCES

Fig. 1. Above are IPR products and marks that are commonly used by consumers.

Figure 2. CONCEPTUAL FRAMEWORK:

Industry Inter - relationship in the Economy

Pharmaceutical
Industry

Biotechnology
Chemica l Industry
Industry
Licensing
Patents

Licensing Licensing
Patents Patents

Copyr ight Movie

Manufacturing Trademarks Industry
Industry Patents
INTELLECTUAL
PROPERTY
RIGHTS

C opyrigh t Copyright
Licensing

Information
Technology Copyright Music Industry
Software Industry

Literary/
Publishing
Industry

Source: COPYRIGHT IN THE PHILIPPINES 2004

The IPC Philippine Report Series

Now, you have already knew the concept of Intellectual Property. Let us continue to answer the
second question, though this is discussed in detailed in the in below, why there is a right that
needs to be protected over the said Intellectual Property? Remember that these products are
original inventions, creative works, and trademark of the inventor, author, and maker
respectively. This was not done overnight, it took a lot of effort, labor, personal money, time just
to finish and produce an original, novel, innovative product. It is very basic that the society, as a
whole, must recognized that the ownership of the product belongs to the inventor, author or the
maker.

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INSTITUTE OF ARTS AND SCIENCES

Unless, one simply copied it from the others, it is basic in the law that any Intellectual Property
must be protected and secured to prevent infringement or piracy.
Therefore, the law of intellectual property deals with legal and exclusive rights associated with
innovative or creative novel product created. It covers all rights resulting from intellectual
activity in the industrial, scientific, literary or artistic fields.

In the Philippines, the Constitution guarantees the protection of the property rights. This is the
reason that the Intellectual property rights law or R.A. 8293 otherwise known as Intellectual
Property Code of the Philippines was coded that classifies Intellectual properties rights that are
protected under the said law. These are the following:
i. Patent - simply refers to the patentable inventions. Only when the invention is patented
will be given protection under the law.
a. The Utility Model – is a petty Patent which does not involved an inventive step
b. Industrial Designs – which refers to any novel and creative designs of a product
c. Layout Designs – Topographies
d. Integrated circuits –

ii. Trademark and Service Mark – Are those visible and distinctive mark to signify
authenticity or originality of a product of particular producer/manufacturer.
a. Geographic Indications
b. Protection of undisclosed information

iii. Copyright – Are those original creative work protected from moment of creations.

………………………………………………………………………………………………………………………………………………..

Lesson Task 1

Name: ______________________________ Course/Year/Section: ____________ Time: ___________ Date:______

1. Activity: Extract 5 Keywords from the lesson and browse their meanings from the
dictionary.
1) __________________________________-

2) __________________________________-

3) __________________________________-

4) __________________________________-

5) __________________________________-

II. Activity 2: Insights learnt. 2 sentences

______________________________________________________________________________________________________________

______________________________________________________________________________________________________________

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

Week 2-1LESSON 2: The Nature of Intellectual Property Rights

IP are Intangible Rights over Tangible Property

The major feature that distinguishes IP from other forms of property is its intangibility. As per
Lionel Bently and Brad Sherman (IP law Oxford University Press, Oxford, 2003), while there
are a number of important differences between the various forms of IP, one factor that they share
in common is that they establish property protection over intangible things such as ideas
invention, signs and information while there is a close relationship between intangible property
and the tangible object in which they are embodied. Intellectual property law does not address
the tangible, material object in which the creation of the mind has been embodied. Intellectual
property relates to the capacity of a man to produce a new thing and present that thing so
produced before public to use. There is no property as such in the thing so produced but in the
skill, judgment and labor of the mind which is incorporated in the product. It creates more
abstract property interests in the tangible. IPR is conferred for the embodiment of ideas in a
particular work of authorship invention, symbol, design and so on. The abstract ideas remain free
from intellectual property rights. IPRs are distinct and separate from property rights in tangible
goods.

Thus, intellectual property of whatever species is in the nature of intangible incorporate property.
It is intangible property in the tangible objects. This type of property cannot be seen but can be
felt by senses. IPRs basically give rise to a form of intangible property which commands a material
value that can also be higher than the value of a tangible asset or property. It allows the creators
or owners to have the benefits from their works when these are exploited commercially.

IP gives rise not only to property rights but duties also. The owner of IP has right to do certain
acts in respect of his work/product. He has the exclusive right to produce the work, make copies
of the work, market the work etc. He also has the right to exclude third parties from exercising
his statutory rights. In this sense, law of IPR, guarantees exclusive right to the owner to the
exclusion of all others. The legal basis of this right is the constitutional provision under Art. III,
Sec. 1 of the 1987 Philippine Constitution which state that:

“No person shall be deprived of life, liberty, and property without due process of law”

The Intellectual property right is considered as property right which must be protected in order
to exclude the others from commercial exploitation. Any person other than the owner, is duty
bound to respect the latter’s right over the said property and if someone infringe his right, the
arms of the law will be used to defend and protect the original owner.

So what action available for the owner? He can file a case for criminal action for Infringement
against the violator and demand for damages. Specifically discussed in R.A. 8293 as an enabling
law for IPR.

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

Week3-LESSON 3: The Philosophy of Protection of Intellectual Property

Rights
Labor Theory

This theory claims for intellectual property in general are based upon arguments of labor or the
instrumentalist justification and individual self-assertion by John Locke. According to John
Locke’s labor theory of property is a natural law theory which holds that property originally
comes about by the exertion of labor upon natural resources. A person who labors upon resources
that are held in common has a natural property right to the fruits of his efforts, and the state has
a duty to respect and enforce that natural right. Persons own themselves and therefore their own
labor. When a person works, that labor enters into the object. Thus, the object becomes the
property of that person. Locke used his theory to make the bridge from common to private
property. According to Locke, man can call his property private and thus he has exclusive use and
disposal rights, by using his labor. He beautifully explains his theory in the following lines:
“God, who hath given the world to men in common, hath also given them reason to make use of it to the best
advantage of life, and convenience… The labor of his body, and the work of his hands, we may say, are his
property”

The raw material is deemed to be held in common and the labor contributes to the value of
finished products. The labor theory of property holds that a person’s productive work is the basis
for a property claim. People are entitled to claim what they make or create as their own.
Who opposed Labor and Self-development Theory?
It is Karl Marx where he explained the history of class struggles between the capitalist and the
working class. Marx strongly assert that all properties should not be monopolized, but rather
should own in common as it will result to inequality.
Self-Development Theory

Another argument is based on the self-development justification. The self-development

justification is rooted in Hegel’s idea that the legitimacy of property is inseparably linked to the
existence of the free individual and the recognition of the free individual by the rest of society.
According to this argument, the recognition of property rights is an integral part of freedom of
individuals since the respect by others by not trespassing on it reflects their acceptance of him as
a person.

………………………………………………………………………………………………………………………………………………..
Lesson Task 2,3

Name: ______________________________ Course/Year/Section: ____________ Time: ___________ Date:______

1.Activity: Extract 5 Keywords from the lesson and browse their meanings from the dictionary.

1) __________________________________-
2) __________________________________-
3) __________________________________-
4) __________________________________-
5) __________________________________-

II. Activity 2: Insights learnt. 2 sentences

______________________________________________________________________________________________________________
______________________________________________________________________________________________________________

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

*Week 4-LESSON 4: Historical Background of Intellectual Property Law in

the Philippines (R.A. 8293)
The Intellectual Property Code of the Philippines was signed into law 22 years ago today and
became effective on January 1, 1998. But did you know the intellectual property system in the
Philippines existed before the country even declared itself an independent state?

The Spanish Law on Intellectual Property, approved on January 10, 1879 and came into force in
1880, was the first known copyright law in the Philippines. Under Spanish laws, copyright is
deemed as a property right and governed by civil law but with special legislative provisions.

On Patents, even if historical records can’t confirm when the Spanish Patent law of 1826 was
administered and adopted in the Philippines, some royal decrees pertaining to the colonies
passed in that period, saw the question of patents placed under the jurisdiction of ordinary
tribunals in the Philippines. Patent applications from the Philippines had to be sent to Spain for
examination and grant.

Following the outbreak of the Philippine revolution in 1896 and the defeat of Spain in the Spanish-
American War, the Treaty of Paris was signed between the European country and the United
States to formalize the end of hostilities.

The Treaty of Paris, signed in December of 1898 ended 300 years of Spanish colonial rule in the
Philippines, and dictated the cessation of the Philippines and Guam from Spanish dominion to the
American colonial order.

Article 13 of the Treaty of Paris specifically made mention of the existent intellectual property
system in the Philippines:

“The rights of property secured by copyrights and patents acquired by Spaniards in the
Island of Cuba and in Porto Rico, the Philippines and other ceded territories, at the time of the
exchange of the ratifications of this treaty, shall continue to be respected…”

In 1913, the Philippine legislature passed Act No. 2235 making United States’ patent laws
applicable in the Philippines. Act No. 3134, entitled, "An Act to Protect Intellectual Property” was
passed in 1924, making it the main intellectual property law in effect until after Philippine
independence from the US in 1945. Act. No. 3134 was based on the U.S. Copyright Law of 1909.

As a newly independent state, the Philippines enacted two laws strengthening the IP system in:
Republic Act 165 and Republic Act 166, establishing a patent office and allowing for registration
and protection of trademarks, trade names, and service marks respectively, in 1947.

During the Marcos administration, Presidential Decree No. 49, which governed copyright works,
was passed and superseded Act No. 3134.

As a politically independent state from the mid-1940s onwards, the Philippines also entered into
international conventions that laid out the foundations of the intellectual property system we
know today: the Berne Convention for the Protection of Literary and Artistic Works (1951), and
the Rome Convention of International Convention for the

Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1964).

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INSTITUTE OF ARTS AND SCIENCES

The Convention establishing the World Intellectual Property Organization (WIPO), came into
force in 1980, of which the Philippines was already a signatory of since the 1960s.

More significantly, the Philippine Constitution promulgated in 1987 recognized the importance of
intellectual property in Article XIV, Section 13: “The State 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 period as may be provided by law.”

Later on, as the Philippines progressively became a member of the global community, it also
adhered to the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1995
following its entry into the World Trade Organizations in the same year.

In keeping with its commitment to these international conventions and the Philippine
Constitution, the Philippine government consolidated the pending intellectual property laws in
1997, and the efforts led to the passing and enforcement of Republic Act 8293, the Intellectual
Property Code in 1998.

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

*Week 5- LESSON 5: Non-retroactivity of IPR Policies

Is there Retroactivity of IPR Law (RA8293) as to any infractions or violations?

By express provisions of this law, the law itself is non-retroactive. This law was effective on
January 1, 1998. It means when there is an infraction or violation (like Trademark Infringement)
committed before the said date, any criminal and civil action against the violator will not prosper
because the law was not yet in force at time the infraction committed. A law that not yet effective
cannot be considered as conclusively known by the populace. To make a law binding even before
it takes effect may lead to arbitrary exercise of the legislative power. (Nova constitution futuris
formam imponere debet non praeteristis). Mighty Corp. v. E & J Gallo Winery, GR No. 154342,
2004.

What is the State policies on Intellectual Property system?

The policies of the State on IPR are state in section 2 of the law that:

“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.”

The use of intellectual property bears a social function. To this end, the State shall promote the
diffusion of knowledge and information for the promotion of national development and progress
and 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”

The above policy statement in the RA 8293, spring from the two provisions of our Philippine
Constitution that provides:

“Science and Technology are essential for national development and progress. The state
shall give priority to research and development, invention, innovation, and their utilization; and to
science and technology education, training, and services. It shall support indigenous,
appropriate, self-reliant scientific and technological capabilities, and their application to the
country’s productive systems and national life” (Art. XIV, Sec.10)

“The state 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 period as may be provided by law.” (Art. XIV Sec. 13.)
It is very apparent that the framers of the Constitution continued to foresee the protection of
Intellectual Property Rights.

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

Week 6- LESSON 6: International Convention and Reciprocity.

What is International Convention? This is synonymous to Treaty. A treaty is a formal written

agreement entered into by actors in international law, namely sovereign states and
international organizations (Wikipedia). The Philippines is one of the signatories of different
treaties relative to Intellectual Property Rights. Relative to IPR, the contracting countries agreed
to each other that they will reciprocally provide protections of any IPR products in their
respective territory.
Section 3 of the law state that, “Any person who is a national or who is domiciled or has a
real and effective industrial establishment in a country which is a party to any convention,
treaty or agreement relating to intellectual property rights or the repression of unfair
competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of
the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any
provision of such convention, treaty or reciprocal law, in addition to the rights to which any
owner of an intellectual property right is otherwise entitled by this Act”

So for example, when an Apple product from United States of America is being pirated in the
Philippines, since USA and Philippines, are both signatories to IPR related treaties, it is the
obligation of the Philippine government through the Intellectual Property Office( IPO) and other
law enforcing agencies to take action against the infringer. On the other hand, when Jollibee’s
Mark and Trade Secrets are being copied by Crooked American in USA, likewise it is the duty of
the American government to take legal and law enforcement action against the said crooked
American. That is the essence of a treaty.

So what are the IPR International treaties in which the Philippines is a signatory? The Republic
of the Philippines is a signatory to several international treaties and conventions on intellectual
property rights, to with:
1. Convention Establishing the World Intellectual Property Organization [since 1980]
2. Paris Convention for the Protection of Industrial Property [since 1965]
3. Budapest Treaty on the International Recognition of the Deposit of Microorganisms
for Purposes of Patent Procedure [since 1981]
4. Berne Convention for the Protection of Literary and Artistic Works [since 1951]
5. International Convention for the Protection of Performers, Producers of
Phonographs and Broadcasting Organizations [since 1984]
6. Agreement on Trade-Related Aspects of Intellectual Property Rights [TRIPS
Agreement

………………………………………………………………………………………………………………………………………….

Lesson Task 4
Name: ______________________________ Course/Year/Section: ____________ Time: ___________ Date:______

1.Activity: Extract 3 Keywords from the lesson and browse their meanings from the dictionary.
1) __________________________________-
2) __________________________________-
3) __________________________________-
II. Activity 2: Insights learnt. 2 sentences
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

*Week 7- LESSON 7: The Intellectual Property Office

The creation of this new office, replaced the old Bureau of Patents, Trademarks, and Technology
Transfer. This is one of the primary objectives of RA 8293. The said creation resulted to the
restructuring the organization to addressed the voluminous applications and thereby improve
the efficiency of the office through faster processing applications and resolutions of inter
party cases.
The new office created is INTELLECTUAL PROPERTY OFFICE (IPO). IPO is headed by Director
and assisted by an Assistant Director. These Bureaus are:
i. Bureau of Patents;
ii. Bureau of Trademarks;
iii. Bureau of Legal Affairs
iv. Documentations, Information and Technology Transfer Bureau;
v. The Management Information System and EDP Bureau
vi. The Administrative, Financial and Personnel Services Bureau; and
vii. The Bureau of Copyright and Other Related Rights.
What are the Functions of Intellectual Property Office?
The functions of IPO are: 1) Regulatory; 2) Adjudicatory; 3) Enforcement; 4) Depository. Below
are the specific details of the said powers:
1) Examine applications for grant of letters patent for inventions and register utility
models and Industrial designs;
2) Examine applications for the registration of marks, geographic indications,
Integrated circuits;
3) Register technology transfer arrangements and settle disputes involving technology
transfer payments;
4) Publish regularly it its own IPO GAZETTE publication the designs, marks, utility,
models, and Industrial designs, Issued and approved, the tech. transfer
arrangements registered;
5) Administratively adjudicate contested proceedings affecting intellectual property
rights;
6) Coordinate with other government agencies(NBI,PNP,BOC, etc.) and the private
sector to strengthen the protection of intellectual property rights in the country;
7) Custody of all records, books, drawings, specifications, documents, and other papers
and things relating to the intellectual property rights applications filed with the
office.

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

Fig. 1. The Organizational Structure of Intellectual Property Office

Director General

Asst. Director Gen. Asst. Dir. Gen.

Director of Director of
Documenta Director of Director of
Director of Manageme Administrat
tion, Bureau of
Director of Director of Bureau nt ive,
Information Copyright
Bureau Bureau Legal Information Financial,
and Tech. and other
Patent Trademarks Affairs System & and
Transfer Related
EDP Bureau Personnel
Bureau Rights
services

As you can see above, the highest position or the overall head of the Intellectual Property Office
is the Director General then assisted by two Assistant Director Generals. Down below the
structures are the Directors of the seven bureaus of IPO. All of these officials are appointed
directly by the President of the Philippines. The Director General manages and directs all
functions and activities of the office, including promulgation of rules and regulations to
implement the objectives, policies, plans, programs and projects of the office. Nonetheless, the
Director General shall be subject to the supervision of the Secretary of Department of Trade and
Industry.

What are the qualifications of Director General and his Deputies?

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: Provided,
further, That in the selection of the Director General and the Deputies Director General,
consideration shall be given to such qualifications as would result, as far as practicable, in the
balanced representation in the Directorate General of the various fields of intellectual property.

What are the Jurisdiction of Director General?

i. Exercise exclusive appellate jurisdiction over all decisions rendered by the Director of
Legal Affairs, the Director of Patents, the Director of Trademarks, and the Director of the
Documentation, Information and Technology Transfer Bureau. The decisions of the
Director General in the exercise of his appellate jurisdiction in respect of the decisions of
the Director of Patents, and the Director of Trademarks shall be appealable to the Court
of Appeals in accordance with the Rules of Court; and those in respect of the decisions of

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

the Director of Documentation, Information and Technology Transfer Bureau shall be

appealable to the Secretary of Trade and Industry; and
ii. 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.
The decisions of the Director General in these cases shall be appealable to the Secretary
of Trade and Industry.

The IPO Bureaus and their Functions

The Bureau of Patents. - The Bureau of Patents shall have the following functions:

i. Search and examination of patent applications and the grant of patents;

ii. Registration of utility models, industrial designs, and integrated circuits; and
iii. Conduct studies and researches in the field of patents in order to assist the
Director General in formulating policies on the administration and examination of
patents.

The Bureau of Trademarks. - The Bureau of Trademarks shall have the following functions:

i. Search and examination of the applications for the registration of marks,

geographic indications and other marks of ownership and the issuance of the
certificates of registration; and
ii. Conduct studies and researches in the field of trademarks in order to assist the
Director General in formulating policies on the administration and examination of
trademarks. (n)

The Bureau of Legal Affairs. - The Bureau of Legal Affairs shall have the following functions:

I. Hear and decide opposition to the application for registration of marks; cancellation of
trademarks; subject to the provisions of Section 64, cancellation of patents, utility models,
and industrial designs; and petitions for compulsory licensing of patents;

II. a) Exercise original jurisdiction in administrative complaints for violations of laws

involving intellectual property rights: Provided, That its jurisdiction is limited to

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

complaints where the total damages claimed are not less than Two hundred thousand
pesos (P200,000): Provided, further, That availment of the provisional remedies may be
granted in accordance with the Rules of Court. The Director of Legal Affairs shall have the
power to hold and punish for contempt all those who disregard orders or writs issued in
the course of the proceedings.

b) After formal investigation, the Director for Legal Affairs may impose one (1) or more
of the following administrative penalties:

(i) The issuance of a cease and desist order which shall specify the acts that the
respondent shall cease and desist from and shall require him to submit a
compliance report within a reasonable time which shall be fixed in the order;

(ii) The acceptance of a voluntary assurance of compliance or discontinuance as may

be imposed. Such voluntary assurance may include one or more of the following:

(1) An assurance to comply with the provisions of the intellectual property law
violated;

(2) An assurance to refrain from engaging in unlawful and unfair acts and
practices subject of the formal investigation;

(3) An assurance to recall, replace, repair, or refund the money value of defective
goods distributed in commerce; and

(4) An assurance to reimburse the complainant the expenses and costs incurred
in prosecuting the case in the Bureau of Legal Affairs.

The Director of Legal Affairs may also require the respondent to submit periodic
compliance reports and file a bond to guarantee compliance of his undertaking;

(iii) The condemnation or seizure of products which are subject of the offense.
The goods seized hereunder shall be disposed of in such manner as may be
deemed appropriate by the Director of Legal Affairs, such as by sale, donation to
distressed local governments or to charitable or relief institutions, exportation,
recycling into other goods, or any combination thereof, under such guidelines as
he may provide;

(iv) The forfeiture of paraphernalia and all real and personal properties which
have been used in the commission of the offense;

(v) The imposition of administrative fines in such amount as deemed reasonable

by the Director of Legal Affairs, which shall in no case be less than Five thousand
pesos (P5,000) nor more than One hundred fifty thousand pesos (P150,000). In
addition, an additional fine of not more than One thousand pesos (P1,000) shall
be imposed for each day of continuing violation;

(vi) The cancellation of any permit, license, authority, or registration which may
have been granted by the Office, or the suspension of the validity thereof for such
period of time as the Director of Legal Affairs may deem reasonable which shall
not exceed one (1) year;

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INSTITUTE OF ARTS AND SCIENCES

(vii) The withholding of any permit, license, authority, or registration which is

being secured by the respondent from the Office;

(viii) The assessment of damages;

(ix) Censure; and

(x) Other analogous penalties or sanctions.

III. The Director General may by Regulations establish the procedure to govern the
implementation of the above.

The Documentation, Information and Technology Transfer Bureau. - The Documentation,

Information and Technology Transfer Bureau shall have the following functions:

1. Support the search and examination activities of the Office through the following
activities:

(a) Maintain and upkeep classification systems whether they be national or

international such as the International Patent Classification (IPC) system;

(b) Provide advisory services for the determination of search patterns;

(c) Maintain search files and search rooms and reference libraries; and

(d) Adapt and package industrial property information.

2. Establish networks or intermediaries or regional representatives;

3. Educate the public and build awareness on intellectual property through the
conduct of seminars and lectures, and other similar activities;

4. Establish working relations with research and development institutions as well as

with local and international intellectual property professional groups and the
like;

5. Perform state-of-the-art searches;

6. Promote the use of patent information as an effective tool to facilitate the

development of technology in the country;

7. Provide technical, advisory, and other services relating to the licensing and
promotion of technology, and carry out an efficient and effective program for
technology transfer; and

8. Register technology transfer arrangements, and settle disputes involving technology

transfer payments. (n)

The Management Information Services and EDP Bureau. - The Management Information
Services and EDP Bureau shall:

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

1. Conduct automation planning, research and development, testing of systems,

contracts with firms, contracting, purchase and maintenance of equipment, design and
maintenance of systems, user consultation, and the like; and

2. Provide management information support and service to the Office. (n)

The Administrative, Financial and Human Resource Development Service Bureau. –

1. The Administrative Service shall:

(a) Provide services relative to procurement and allocation of supplies and

equipment, transportation, messengerial work, cashiering, payment of
salaries and other Office’s obligations, office maintenance, proper
safety and security, and other utility services; and comply with
government regulatory requirements in the areas of performance
appraisal, compensation and benefits, employment records and
reports;

(b) Receive all applications filed with the Office and collect fees therefor; and

(c) Publish patent applications and grants, trademark applications, and

registration of marks, industrial designs, utility models, geographic
indication, and lay-out-designs of integrated circuits registrations.

The Patent and Trademark Administration Services shall perform the following functions
among others:

(a) Maintain registers of assignments, mergings, licenses, and bibliographic on

patents and trademarks;

(b) Collect maintenance fees, issue certified copies of documents in its custody
and perform similar other activities; and

(c) Hold in custody all the applications filed with the office, and all patent grants,
certificate of registrations issued by the office, and the like.

The Financial Service shall formulate and manage a financial program to ensure availability and
proper utilization of funds; provide for an effective monitoring system of the financial operations
of the Office; and

The Human Resource Development Service shall design and implement human resource
development plans and programs for the personnel of the Office; provide for present and future
manpower needs of the organization; maintain high morale and favorable employee attitudes
towards the organization through the continuing design and implementation of employee
development programs. (n)

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SOUTHERN LEYTE STATE UNIVERSITY
INSTITUTE OF ARTS AND SCIENCES

Learning Task

Activity: Answer the following (Use your drawing book as your answer sheet.)

1. Cite provisions of our Philippines Constitution where policy statement of RA 8293 was cited.
State your discussion in not less than 5 sentences. 10 points

2. Draw the organizational Structure of IP Office. 10 points

3. Tabulate IPO Bureaus and their functions. 10 points.

Performance Task

Conduct research (over the Internet or in your local community) for a company in the Philippines
that installed corporate policy and program for protection of their Intellectual Property Rights.
Soon as you found one, please do/answer the following: (Use your drawing book)

1. What is the name and address of the Local Company? (5 pts.)

2. What is the Corporate Vision and Mission? (5 pts.)
3. Provide the company History? (5 pts.)
4. What is their Management Philosophy or Core Values? (5 pts.)
5. What is their Trade name and Trademark? (5 pts.)
6. What are the products/Services they offered to the public? (5 pts.)
7. Provide evidence of Policy statement, measures, programs and parameters for their
protection against infringements. (5 pts.)
8. Provide pictures of the company premises and their products. (5 pts.)

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