SECTION 1 – Title
This law is officially called the “Intellectual Property Code of the Philippines.”
SECTION 2 – State Policy (What the Government Believes)
The Philippine government believes that protecting intellectual property (IP) is important because it:
● Encourages creativity and innovation among Filipinos.
● Helps local businesses grow.
● Makes it easier to get new technologies.
● Attracts foreign businesses to invest in the country.
● Helps Filipino products be accepted in international markets.
💡 Key Terms:
● Intellectual property (IP): Creations of the mind like inventions, books, music, designs,
trademarks, etc.
● Industrial property: Things like patents, trademarks, and designs used in industry/business.
It also says:
● IP should benefit society, not just individuals.
● The government wants to make the process of registering IP (like patents or copyrights) easier
and faster.
● It also wants to enforce (make sure people follow) IP laws better.
SECTION 3 – International Agreements
If someone is from another country that has a treaty (legal agreement) with the Philippines related to
IP, they can enjoy the same rights and protections that Filipinos do, as long as that country also gives
Filipinos the same treatment.
💡 Key Terms:
● Convention/Treaty/Agreement: Legal promises between countries.
● Reciprocal rights: Equal treatment between two countries.
SECTION 4 – Definitions
Let’s break down some important definitions here:
4.1 Intellectual Property Rights include:
a. Copyrights – Protects books, songs, movies, software, etc.
b. Trademarks – Symbols, logos, or names that identify a business.
c. Geographic Indications – Products tied to a specific place (like “Baguio strawberries”).
d. Industrial Designs – The look/design of a product.
e. Patents – Protection for new inventions.
f. Layout-Designs of Integrated Circuits – Designs of computer chips.
g. Protection of Undisclosed Information – Like trade secrets.
4.2 Technology Transfer Arrangements
These are contracts where knowledge or skills for making a product or offering a service are shared. It
can also include licenses for intellectual property like software (except software made for public sale).
4.3 “Office” = Intellectual Property Office (IPO)
4.4 IPO Gazette = A publication by the IPO where they post updates, registrations, and other announcements.
SECTION 5 – Functions of the Intellectual Property Office (IPO)
The IPO is the government agency in charge of managing all things related to intellectual property.
It does things like:
● Checks and grants patents.
● Registers designs, marks, and technology agreements.
● Helps settle disagreements over technology transfer.
● Publishes information about IP.
● Helps promote innovation and protect rights.
● Coordinates with police and other government offices to enforce IP laws.
SECTION 6 – Structure of the IPO
● The IPO is led by a Director General, with two Deputies.
● It has seven departments (bureaus) with specific jobs:
1. Patents
2. Trademarks
3. Legal Affairs
Documentation, Information & Tech Transfer
4. IT & Data Processing
5. Admin, Finance & HR
6. Copyright & Related Rights
These leaders are appointed by the President or Department of Trade and Industry (DTI).
SECTION 7 – Powers of the Director General
The Director General (DG) is the head of IPO. Their powers include:
● Managing the IPO’s operations.
● Creating rules and plans.
● Handling appeals when people disagree with IPO decisions.
● Working with police and government to stop IP violations.
● Visiting businesses to check for violations.
● Making sure the IPO runs properly.
To qualify as DG or Deputy:
● Must be a Filipino.
● At least 35 years old.
● Must have a college degree.
● At least one DG or Deputy must be a lawyer with 10+ years of experience.
Their term is 5 years, reappointment is allowed once.
SECTION 8 – Bureau of Patents
This department:
● Checks patent applications.
● Registers utility models (simpler inventions), industrial designs, and chip designs.
● Does research to help improve how patents are handled.
SECTION 9 – Bureau of Trademarks
This department:
● Checks applications for brand names, logos, or signs (called “marks”).
● Registers them.
● Does research to improve trademark policies.
SECTION 9A – Bureau of Copyright and Other Related Rights
This bureau:
● Resolves disagreements over performance licenses (e.g., showing a movie or playing music in
public).
● Reviews and approves copyright organizations (like those collecting royalties).
● Provides copyright services.
SECTION 10 – Bureau of Legal Affairs
Handles legal issues like:
● Opposing or cancelling trademarks or patents.
● Hearing complaints about IP violations.
● Giving penalties such as:
○ Fines
○ Cease and desist orders (ordering someone to stop doing something)
○ Seizure of fake or infringing products
○ Suspension of licenses
○ Payment of damages
SECTION 11 – Documentation, Info & Technology Transfer Bureau
This bureau:
● Helps in searching and organizing IP data.
● Educates the public on IP.
● Promotes use of patents to improve technology.
● Settles issues in tech transfer.
SECTION 12 – IT & Data Bureau
Handles the IPO’s technology systems. It:
● Automates tasks.
● Maintains systems and equipment.
● Supports information needs of the IPO.
SECTION 13 – Admin, Finance & HR Bureau
Has four key parts:
Administrative Services:
● Handles supplies, transportation, salaries, building maintenance, etc.
Patent & Trademark Admin Services:
● Keeps records of IP ownership.
● Handles fees and certified document copies.
Financial Services:
● Manages IPO’s money, budget, and expenses.
Human Resources:
● Trains staff, keeps morale high, and plans workforce needs.
SECTION 14 – Use of IP Fees
IPO is allowed to keep and use the money it earns from:
● Filing fees
● Fines
● Royalties
The money is used to improve services (like better equipment, staff training, and office space). After 5
years, if IPO can earn enough on its own, it may stop depending on government funding.
SECTION 15 – Special Help from Other Agencies
The Director General can ask for expert help from other government departments or state-owned
companies when needed.
SECTION 16 – Seal of IPO
The IPO will have its own official seal or stamp, approved by the Director General.
SECTION 17 – Publication of Laws
IPO will print and distribute copies of this law, related laws, and information to help the public
understand intellectual property.
SECTION 18 – IPO Gazette
The IPO Gazette is the official publication where IPO posts updates, registrations, and anything else
required by law.
SECTION 19 – Employee Restrictions
IPO employees:
● Can’t apply for or own patents, designs, or trademarks during their job and for 1 year after
leaving.
● Can’t act as an agent or lawyer for people applying for IP.
This is to prevent conflicts of interest.
