RA 8293 TUN-ANAN

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 7

RA 8293 - Promote the use of patent information as a tool for technology

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND development.


ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING - Publish regularly in its own publication the patents, marks, utility
FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES models and industrial designs, issued and approved, and the
RA 8293 technology transfer arrangements registered.
Intellectual Property Code of the Philippines. - Administratively adjudicate contested proceedings affecting
Intellectual Property Rights intellectual property rights.
a) Copyright and Related Rights; - Coordinate with other government agencies and the private
b) Trademarks and Service Marks; sector efforts to formulate and implement plans and policies to
c) Geographic Indications; strengthen the protection of intellectual property rights in the
d) Industrial Designs; country.
e) Patents; MEMBER OF IPO
f) Layout-Designs (Topographies) of Integrated Circuits; and DIRECTOR GENERAL, 2 DEPUTIES DIRECTOR GENERAL
g) Protection of Undisclosed Information (n, TRIPS). The Office shall be divided into _____ Bureaus, each of which
TECHNOLOGY TRANSFER ARRANGEMENTS shall be headed by a Director and assisted by an Assistant
contracts or agreements involving the transfer of systematic Director. These Bureaus are:
knowledge for the manufacture of a product, the application of a Bureau of Patents, Bureau of Trademarks, Bureau of Legal Affairs,
process, or rendering of a service including management Documentation, Information and Technology Transfer Bureau,
contracts; and the transfer, assignment or licensing of all forms of Management Information System and EDP Bureau, Administrative,
intellectual property rights, including licensing of computer Financial and Personnel Services Bureau
software except computer software developed for mass market. Sec. 6. The Organizational Structure of the IPO
Office The Director General, Deputies Director General, Directors and
refers to the Intellectual Property Office created by this Act. Assistant Directors shall be appointed by the President, and the
IPO Gazette other officers and employees of the Office by the Secretary of
refers to the gazette published by the Office under this Act. Trade and Industry, conformably with and under the Civil Service
INTELLECTUAL PROPERTY OFFICE FUNCTIONS Law.
- Examine applications for grant of letters patent for inventions The Director General and Deputies Director General
and register utility models and industrial designs. Sec. 7
- Examine applications for the registration of marks, geographic DIRECTOR GENERAL POWERS AND FUNCTIONS
indication, integrated circuits. Manage and direct all functions and activities of the Office,
- Register technology transfer arrangements and settle disputes including the promulgation of rules and regulations to implement
involving technology transfer payments covered by the provisions the objectives, policies, plans, programs and projects of the Office.
of Part II, Chapter IX on Voluntary Licensing and develop and Provided, That in the exercise of the authority to propose policies
implement strategies to promote and facilitate technology and standards in relation to the following:
transfer.
- (1) the effective, efficient, and economical operations of the Appeals in accordance with the Rules of Court; and those in
Office requiring statutory enactment; respect of the decisions of the Director of Documentation,
- (2) coordination with other agencies of government in relation to Information and Technology Transfer Bureau shall be appealable
the enforcement of intellectual property rights; to the Secretary of Trade and Industry.
- (3) the recognition of attorneys, agents, or other persons
representing applicants or other parties before the Office; and - Exercise original jurisdiction to resolve disputes relating to the
- (4) the establishment of fees for the filing and processing of an terms of a license involving the author's right to public
application for a patent, utility model or industrial design or mark performance or other communication of his work. The decisions of
or a collective mark, geographic indication and other marks of the Director General in these cases shall be appealable to the
ownership, and for all other services performed and materials Secretary of Trade and Industry
furnished by the Office, the Director General shall be subject to Sec. 7. The Director General and Deputies Director General,
the supervision of the Secretary of Trade and Industry. QUALIFICATIONS
director general power and functions, PROPOSE POLICIES The Director General and the Deputies Director General must be
AND STANDARDS IN RELATION TO natural born citizens of the Philippines, at least thirty-five (35)
- the effective, efficient, and economical operations of the Office years of age on the day of their appointment, holders of a college
requiring statutory enactment degree, and of proven competence, integrity, probity and
- coordination with other agencies of government in relation to the independence: Provided, That the Director General and at least
enforcement of intellectual property rights one (1) Deputy Director General shall be members of the
- the recognition of attorneys, agents, or other persons Philippine Bar who have engaged in the practice of law for at least
representing applicants or other parties before the Office ten (10) years: Provided further, That in the selection of the
- the establishment of fees for the filing and processing of an Director General and the Deputies Director General, consideration
application for a patent, utility model or industrial design or mark shall be given to such qualifications as would result, as far as
or a collective mark, geographic indication and other marks of practicable, in the balanced representation in the Directorate
ownership, and for all other services performed and materials General of the various fields of intellectual property.
furnished by the Office, the Director General shall be subject to the Sec. 7. The Director General and Deputies Director General,
supervision of the Secretary of Trade and Industry Term of Office, 5 YEARS, 7 YEARS
DIRECTOR GENERAL POWERS AND FUNCTIONS The Director General and the Deputies Director General shall be
- Exercise exclusive appellate jurisdiction over all decisions appointed by the President for a term of _____ and shall be eligible
rendered by the Director of Legal Affairs, the Director of Patents, for reappointment only once: Provided, That the first Director
the Director General shall have a first term of _____. Appointment to any
of Trademarks, and the Director of the Documentation, vacancy shall be only for the unexpired term of the predecessor.
Information and Technology Transfer Bureau. The decisions of The Bureau of Patents
the Director General in the exercise of his appellate jurisdiction Sec. 8
in respect of the decisions of the Director of Patents, and the Sec. 7. The Director General and Deputies Director General,
Director of Trademarks shall be appealable to the Court of OFFICE OF THE DIRECTOR GENERAL
The Office of the Director General shall consist of the Director damages claimed are not less than ______ : Provided, further, That
General and the Deputies Director General, their immediate staff availment of the provisional remedies may be granted in
and such Offices and Services that the Director General will set up accordance with the Rules of Court. The Director of Legal Affairs
to support directly the Office of the Director General. shall have the power to hold and punish for contempt all those
BUREAU OF PATENTS FUNCTIONS who disregard orders or writs issued in the course of the
- Search and examination of patent applications and the grant of proceedings.
patents. BUREAU OF LEGAL AFFAIRS FUNCTION
- Registration of utility models, industrial designs, and integrated After formal investigation, the Director for Legal Affairs may
circuits. impose one (1) or more of the following administrative penalties:
- Conduct studies and researches in the field of patents in order to (i) The issuance of a cease and desist order which shall specify the
assist the Director General in formulating policies on the acts that the respondent shall cease and desist from and shall
administration and examination of patents. require him to submit a compliance report within a reasonable
The Bureau of Trademarks time which shall be fixed in the order;
Sec. 9 (ii) The acceptance of a voluntary assurance of compliance or
BUREAU OF TRADEMARKS FUNCTIONS discontinuance as may be imposed.
- Search and examination of the applications for the registration of (iii) The condemnation or seizure of products which are subject of
marks, geographic indications and other marks of ownership and the offense. The goods seized hereunder shall be disposed of in
the issuance of the certificates of registration. such manner as may be deemed appropriate by the Director of
- Conduct studies and researches in the field of trademarks in Legal Affairs, such as by sale, donation to distressed local
order to assist the Director General in formulating policies on the governments or to charitable or relief institutions, exportation,
administration and examination of trademarks. recycling into other goods, or any combination thereof, under such
The Bureau of Legal Affairs guidelines as he may provide;
Sec. 10 (iv) The forfeiture of paraphernalia and all real and personal
Sec. 10. The Bureau of Legal Affairs, BUREAU OF LEGAL properties which have been used in the commission of the offense;
AFFAIRS FUNCTION (v) The imposition of administrative fines in such amount as
Hear and decide opposition to the application for registration of deemed reasonable by the Director of Legal Affairs, which shall in
marks; cancellation of trademarks; subject to the provisions of no case be less than Five thousand pesos (P5,000) nor more than
Section 64, cancellation of patents, utility models, and industrial One hundred fifty thousand pesos (P150,000). In addition, an
designs; and petitions for compulsory licensing of patents additional fine of not more than One thousand pesos (P1,000) shall
The Director General may by Regulations establish the procedure be imposed for each day of continuing violation;
to govern the implementation of this Section. BUREAU OF LEGAL AFFAIRS FUNCTION
BUREAU OF LEGAL AFFAIRS FUNCTION, 200K PESOS After formal investigation, the Director for Legal Affairs may
Exercise original jurisdiction in administrative complaints for impose one (1) or more of the following administrative penalties:
violations of laws involving intellectual property rights: Provided, (vi) The cancellation of any permit, license, authority, or
That its jurisdiction is limited to complaints where the total registration which may have been granted by the Office, or the
suspension of the validity thereof for such period of time as the bureau of legal affairs functions, ADMINISTRATIVE
Director of Legal Affairs may deem reasonable which shall not PENALTIES
exceed one (1) year; (vii) The withholding of any permit, license, - The condemnation or seizure of products which are subject of the
authority, or registration which is being secured by the respondent offense. The goods seized hereunder shall be disposed of in such
from the Office; (viii) The assessment of damages; (ix) Censure; manner as may be deemed appropriate by the Director of Legal
and (x) Other analogous penalties or sanctions. Affairs, such as by sale, donation to distressed local governments
bureau of legal affairs functions, ADMINISTRATIVE or to charitable or relief institutions, exportation, recycling into
PENALTIES other goods, or any combination thereof, under such guidelines as
- The issuance of a cease and desist order which shall specify the he may provide.
acts that the respondent shall cease and desist from and shall - The forfeiture of paraphernalia and all real and personal
require him to submit a compliance report within a reasonable properties which have been used in the commission of the offense.
time which shall be fixed in the order bureau of legal affairs functions, ADMINISTRATIVE
- The acceptance of a voluntary assurance of compliance or PENALTIES, 5K PESOS, 150K PESOS, 1K PESOS
discontinuance as may be imposed. Such voluntary assurance may The imposition of administrative fines in such amount as deemed
include one or more of the following: reasonable by the Director of Legal Affairs, which shall in no case
(1) An assurance to comply with the provisions of the intellectual be less than ______ nor more than _______. In addition, an
property law violated; additional fine of not more than ______ shall be imposed for each
(2) An assurance to refrain from engaging in unlawful and unfair day of continuing violation.
acts and practices subject of the formal investigation; bureau of legal affairs functions, ADMINISTRATIVE
(3) An assurance to recall, replace, repair, or refund the money PENALTIES, 1 YEAR
value of defective goods distributed in commerce; and The cancellation of any permit, license, authority, or registration
(4) An assurance to reimburse the complainant the expenses and which may have been granted by the Office, or the suspension of
costs incurred in prosecuting the case in the Bureau of Legal the validity thereof for such period of time as the Director of Legal
Affairs Affairs may deem reasonable which shall not exceed _______.
bureau of legal affairs functions, ADMINISTRATIVE bureau of legal affairs functions, ADMINISTRATIVE
PENALTIES, VOLUNTARY ASSURANCE PENALTIES
- An assurance to comply with the provisions of the intellectual - The withholding of any permit, license, authority, or registration
property law violated. which is being secured by the respondent from the Office.
- An assurance to refrain from engaging in unlawful and unfair acts - The assessment of damages
and practices subject of the formal investigation. - Censure
- An assurance to recall, replace, repair, or refund the money value - Other analogous penalties or sanctions.
of defective goods distributed in commerce. The Documentation, Information and Technology Transfer
- An assurance to reimburse the complainant the expenses and Bureau
costs incurred in prosecuting the case in the Bureau of Legal Sec. 11
Affairs
DOCUMENTATION, INFORMATION AND TECHNOLOGY - Conduct automation planning, research and development, testing
TRANSAFER BUREAU FUNCTIONS of systems, contracts with firms, contracting, purchase and
- Establish networks or intermediaries or regional representatives. maintenance of equipment, design and maintenance of systems,
- Educate the public and build awareness on intellectual property user consultation, and the like.
through the conduct of seminars and lectures, and other similar - Provide management information support and service to the
activities. Office.
- Establish working relations with research and development The Administrative, Financial and Human Resource
institutions as well as with local and international intellectual Development Service Bureau
property professional groups and the like. Sec. 13
- Perform state-of-the-art searches Use of Intellectual Property Rights Fees by the IPO
- Promote the use of patent information as an effective tool to Sec. 14
facilitate the development of technology in the country. ADMINISTRATIVE SERVICE FUNCTION
Provide technical, advisory, and other services relating to the - Provide services relative to procurement and allocation of
licensing and promotion of technology and carry out an efficient supplies and equipment, transportation, messengerial work,
and effective program for technology transfer. cashiering, payment of salaries and other Office's obligations,
- Register technology transfer arrangements and settle disputes office maintenance, proper safety and security, and other utility
involving technology transfer payments. services; and comply with government regulatory requirements in
- Support the search and examination activities of the Office the areas of performance appraisal, compensation and benefits,
through the following activities: (a) Maintain and upkeep employment records and reports.
classification systems whether they be national or international - Receive all applications filed with the Office and collect fees
such as the International Patent Classification (IPC) system; (b) therefor.
Provide advisory services for the determination of search patterns; - Publish patent applications and grants, trademark applications,
(c) Maintain search files and search rooms and reference libraries; and registration of marks, industrial designs, utility models,
and (d) Adapt and package industrial property information. geographic indication, and lay-out designs of integrated circuits
Documentation, Information and Technology Transfer registrations.
Bureau function, SUPPORT THE SEARCH AND EXAMINATION PATENT AND TRADEMARK ADMINISTRATION SERVICES
ACTIVITIES OF THE OFFICE FUNCTION
- Provide advisory services for the determination of search - Collect maintenance fees, issue certified copies of documents in
patterns its custody and perform similar other activities.
- Maintain search files and search rooms and reference libraries. - Hold in custody all the applications filed with the office, and all
- Adapt and package industrial property information. patent grants, certificate of registrations issued by the office, and
The Management Information Services and EDP Bureau the like.
Sec. 12
MANAGEMENT INFORMATION SERVICE AND EDP BUREAU
FUNCTION
Documentation, Information and Technology Transfer After _____ from the coming into force of this Act, the Director
Bureau function, SUPPORT THE SEARCH AND EXAMINATION General shall, subject to the approval of the Secretary of Trade
ACTIVITIES OF THE OFFICE and Industry, determine if the fees and charges mentioned in
Maintain and upkeep classification systems whether they be Subsection 14.1 hereof that the Office shall collect are sufficient to
national or international such as the International Patent meet its budgetary requirements.
Classification (IPC) system Sec. 14. Use of Intellectual Property Rights Fees by the IPO
FINANCIAL SERVICE FUNCTION If so, it shall retain all the fees and charges it shall collect under
It shall formulate and manage a financial program to ensure the same conditions indicated in said Subsection 14.1 but shall
availability and proper utilization of funds; provide for an effective forthwith, cease to receive any funds from the annual budget of
monitoring system of the financial operations of the Office. the National Government; if not, the provisions of said Subsection
HUMAN RESOURCE DEVELOPMENT SERVICE FUNCTION 14.1 shall continue to apply until such time when the Director
- It shall design and implement human resource development General, subject to the approval of the Secretary of Trade and
plans and programs for the personnel of the Office. Industry, certifies that the above-stated fees and charges the
- provide for present and future manpower needs of the Office shall collect are enough to fund its operations.
organization. Special Technical and Scientific Assistance
- maintain high morale and favorable employee attitudes towards Sec. 15.
the organization through the continuing design and Seal of Office
implementation of employee development programs. Sec. 16
Sec. 14. Use of Intellectual Property Rights Fees by the IPO PATENT AND TRADEMARK ADMINISTRATION SERVICES
- For a more effective and expeditious implementation of this Act, FUNCTION
the Director General shall be authorized to retain, without need of Maintain registers of assignments, mergings, licenses, and
a separate approval from any government agency, and subject bibliographic on patents and trademarks.
only to the existing accounting and auditing rules and regulations, Sec. 16. Seal of Office
all the fees, fines, royalties and other charges, collected by the The Office shall have a seal, the form and design of which shall be
Office under this Act and the other laws that the Office will be approved by the Director General
mandated to administer, for use in its operations, like upgrading of Publication of Laws and Regulations
its facilities, equipment outlay, human resource development, and Sec. 17
the acquisition of the appropriate office space, among others, to Sec. 17. Publication of Laws and Regulations
improve the delivery of its services to the public. The Director General shall cause to be printed and make available
- This amount, which shall be in addition to the Office's annual for distribution, pamphlet copies of this Act, other pertinent laws,
budget, shall be deposited and maintained in a separate account executive orders and information circulars relating to matters
or fund, which may be used or disbursed directly by the Director within the jurisdiction of the Office.
General. The IPO Gazette
Sec. 14. Use of Intellectual Property Rights Fees by the Sec. 18
IPO, 5 YEARS
Sec. 18. The IPO Gazette
All matters required to be published under this Act shall be
published in the Office's own publication to be known as the IPO
Gazette.
Disqualification of Officers and Employees of the Office
Sec. 19
Sec. 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. 15. Special Technical and Scientific Assistance
The Director General is empowered to obtain the assistance of
technical, scientific or other qualified officers and employees of
other departments, bureaus, offices, agencies and
instrumentalities of the Government, including corporations
owned, controlled or operated by the Government, when deemed
necessary in the consideration of any matter submitted to the
Office relative to the enforcement of the provisions of this Act.

You might also like