Intellectual Property In The Philippines

Intellectual property refers to anything created by someone, including but not limited to
inventions, literary works, items created by artists (e.g. artwork and musical pieces), symbols, designs,
images, pictures, and even names that are used for commercial purposes.

All these creations are protected by the law, ensuring that the people behind it are given due
recognition or remuneration for their effort.

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.

This Act shall be known as the “Intellectual Property Code of the Philippines.” This act protects
the intellectual property of an individual, a group, organization, company or a corporation.

At the office of the Intellectual Property in the Philippines, there are several categories wherein
a creator or innovator can register their creation under. Below are some categories:

Patent
A patent refers to the exclusive rights to a product or process, as well as its improvements—
granted that the product or process offers something new and useful.

The inventor or creator with the patent has the right to choose as to who can use, sell, or even
make something similar during its 2-year validity period.

Throughout the entire duration, a patent’s information must be available to the public, as the
owner is given enough time to gain ample commercial returns. Some examples of inventions or
creations that can be filed as patents include new and useful machines, products and processes (non-
biological and microbiological in nature); improvements of machines, products and processes; and
microorganisms.

The basic requirements for a creation to be considered patentable are that the creation would
have a novel idea, inventive, and can be applied in an industrial setting.

Application Process

One needs to fill out a Request Form for a Grant of Philippine Patent, as well as submit
descriptions and drawings of the invention or process.

Once the application has been filed, it will be published in the IPO Gazette. During the period of
its publication, anyone can write in or contest the application.

Corresponding filing fees amount to PHP 3,600 and PHP 1,800, for big and small inventions,
respectively.

Trademark
 A trademark is a tool used to differentiate services and goods from one another. It can be in the
form of a word or a group of words; a sign, logo, or symbol. It could even be a combination of those
above.

Essential in marketing your products or services, a trademark will help consumers identify your
brand among the many others in the market. To protect your business’ trademark, it is advisable to have
it registered.

This way, the owner of the trademark would have exclusive rights to make use of the mark.
Furthermore, it will ensure that no one else can use the same or even a similar mark for the products or
services of a similar nature.

Application Process

Similar to a patent, you need to apply or file for the exclusive rights of the mark you wish to use
for business purposes. As the rights to a mark are granted to the first person who filed with the IPO, it is
imperative that one would conduct a search within the IPO’s Database to avoid redundancies in
applications.

For filing purposes, one needs to fill out the Trademark Application Form, as well as attach a
drawing of the mark. Corresponding filing fees amount to PHP 2,160 and PHP 1,080, for big and small
marks, respectively.

Copyright
A copyright refers to the protection given to the owner of an original work covering literary
works, musical pieces, paintings, and computer programs, among others.

Under the copyright laws, the owner of the original work is entitled to economic rights and
moral rights. Economic rights enable the creator to receive profit gains should his works be distributed
by third parties. Moral rights, on the other hand, protect the connection between the creator and his
work.

Once the owner receives the rights to his work, unauthorized third parties are prohibited from
selling or distributing the works, especially for trade purposes.

Application Process

One needs to fill out an application form, attach a copy of their work, and pay the basic filing fee
of PHP 625 at the IPO.

The Madrid Protocol

The Madrid Protocol is an international treaty, allowing trademark registration in the Philippines
or any country—as long as they are part of the Madrid Protocol.

One would only need to file a single application. Should your application be ratified, the
approved mark will be protected in all the countries that are part of the Madrid Protocol.
 By acceding to the Madrid Protocol, trademark owners in the Philippines would have better
platforms to secure protection for their respective marks. The Madrid Protocol offers a simple and cost-
effective solution that promotes transparency and enables entrepreneurs to secure their marks in a
faster and easier manner.

Moreover, it encourages opening up businesses in multiple countries, as one can designate the
countries where their marks would need protection. With the Madrid Protocol, companies can widen
their market segment while keeping their interests in check.

With globalization, gaps between countries are now bridged easily. Businesspeople can now
partake in business dealings around the world without having to worry about infringement of
information.

With the help of all these intellectual property laws, information now becomes a boon to
society.

Criminal Penalties
SECTION 217 of RA 8293 - 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.

217.2. In determining the number of years of imprisonment and the amount of fine, the court shall
consider the value of the infringing materials that the defendant has produced or manufactured and the
damage that the copyright owner has suffered by reason of the infringement.

217.3. Any person who at the time when copyright subsists in a work has in his possession an article
which he knows, or ought to know, to be an infringing copy of the work for the purpose of:

(a) Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article;
(b) Distributing the article for purpose of trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work; or
(c) Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on conviction
to imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a)
Assignment: Read the whole Republic Act No. 8293 and a recitation will happen next meeting.

Source:

https://www.full-suite.com/blog/beginners-guide-to-intellectual-property-laws-philippines/

https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/