Philippines

BACKGROUND

The Intellectual Property Office of the Philippines

The Intellectual Property Office of the Philippines (IPOPHL) is the lead agency in the country mandated to implement State Policies on intellectual property (IP). It was created by Republic Act No. 8293 or the Intellectual Property Code of the Philippines (IP Code), which was signed into law on June 6, 1997 and took effect on January 1, 1998.

Mandate & Functions:

Promote the use of patent information as a tool for technological development;
Examine applications and grant patents, or register utility models, industrial designs, trademarks, geographical indication, and integrated circuits;
Help protect copyright by assisting in the facilitation of deposit of work with the National Library
Register technology transfer arrangements;
Undertake enforcement functions supported by concerned agencies such as the PNP, NBI, Customs, OMB, LGUs, etc.;
Conduct visits during reasonable hours to establishments and businesses engaging in activities violating IPRs and provisions of the IP Code based on report, information or complaint received by the Office;
Hear and decide cases relating to violations of IP Rights;
Cancellations and oppositions to registration;
Compulsory licensing;
Settle disputes involving technology transfer payments;
Coordinate with relevant government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country;
Develop and implement strategies to promote and facilitate technology transfer;
Institutionalize its Copyright Services and create a Bureau of Copyright;
Undertake enforcement function supported by other concerned government agencies; conduct visits to businesses and establishments engaging in activities violating IPR, based on report, information or complaint received by the Office; and
Such other functions in furtherance of protecting IP rights and the objectives of the IP Code of the Philippines

Vision

An Intellectual Property-conscious Philippines in a demystified, development-oriented, and democratized IP System by 2020.

Mission

We commit to deliver high quality, fast, reliable, effective and efficient services to promote innovation and encourage the creation, utilization, protection of and respect for intellectual property.

Strategic and Management Goals

STRATEGIC GOALS

Deliver quality and timely patents, trademarks, and other IP registrations;
Provide effective enforcement and speedy and high quality adjudication mechanisms for the resolution of IP disputes that can be relied upon by all stakeholders;
Provide mechanisms to support Filipino creators and innovators from creation to commercialization;
Increase the level of awareness, appreciation, and respect for IP;
Lead in the development of a fair copyright system that addresses the needs of all stakeholders;
Provide the legal and policy infrastructure to address emerging national and global demands of the IP system; and
Integrate intellectual property in the whole of society

MANAGEMENT GOALS

Achieve institutional excellence by investing in people, technology, and infrastructure
Develop and nurture a culture of excellence, deep commitment, and integrity

ORGANIZATION

The Intellectual Property Office of the Philippines is headed by the Director General and is assisted by two (2) Deputies Director General. At present, the Office has six (6) Bureaus, namely: the Bureau of Patents, Bureau of Trademarks, Bureau of Legal Affairs, the Documentation, Information and Technology Transfer Bureau, the Management Information Systems Bureau, and the Financial Management and Administrative Services Bureau. Each Bureau is headed by a Director and is assisted by an Assistant Director.

* Please note that with the Amendment under Republic Act No. 10372, another bureau, Bureau of Copyright will be established.

organisation_Staff

REGISTRATION PROCEDURE

invention-model

utility-model

industrial-design-model

trademarks-model

LAWS AND REGULATIONS

QUICK ACCESS
Laws (34 texts)	Implementing Rules/Regulations (41 texts)	Pending IP legislations
Treaty Membership (51 texts)	Relevant links

Laws	Main IP Laws: enacted by the Legislature (Date of current version)
	Republic Act 10372 – An Act Amending Certain Provisions of Republic Act No. 8293, Otherwise known as the “Intellectual Property Code of the Philippines, and for other Purposes (2013) Philippine Technology Transfer Act of 2009 (Republic Act No. 10055) (2010) Philippine Plant Variety Protection Act of 2002 (Republic Act No. 9168) (2002) An Act for the Protection of Layout-Designs (Topographies) of Integrated Circuits, Amending for the Purpose Certain Sections of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines and for other Purposes (Republic Act No. 9150) (2001) Intellectual Property Code of the Philippines (Republic Act No. 8293) (1997)
	IP-related Laws: enacted by the Legislature (Date of current version)
	National Cultural Heritage Act of 2009 (Republic Act No. 10066) (2010) Food and Drug Administration (FDA) Act of 2009 (Republic Act No. 9711) (2009) Universally Accessible Cheaper and Quality Medicines Act of 2008 (Republic Act No. 9502) (2008) Optical Media Act of 2003 (Republic Act No. 9239) (2004) Tobacco Regulation Act of 2003 (Republic Act No. 9211) (2003) Wildlife Resources Conservation and Protection Act (Republic Act No. 9417) (2001) An Act Amending certain Provisions of Presidential Decree No. 1464, otherwise known as the Tariff and Customs Code of The Philippines, as Amended, and for other Purposes (Republic Act No. 9135) (2001) Tariff and Customs Code of the Philippines (Republic Act No. 1937) (2001) Electronic Commerce Act (Republic Act No. 8792) (2000) Flag and Heraldic Code of the Philippines (Republic Act No. 8491) (1998) Tax Reform Act of 1997 (Republic Act No. 8424) (1998) Traditional and Alternative Medicine Act (TAMA) of 1997 (Republic Act No. 8423) (1997) The Indigenous Peoples Rights Act of 1997 (Republic Act No. 8371) (1997) Special Law on Counterfeit Drugs (Republic Act No. 8203) (1996) National Integrated Protected Areas System Act of 1992 (Republic Act No. 7586) (1992) Inventors and Invention Incentives Act of the Philippines (Republic Act No. 7459) (1992) Consumer Act of the Philippines (Republic Act No. 7394) (1992) Manlilikha ng Bayan Act (Republic Act No. 7355) (1992) Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Republic Act No. 6969) (1990) Generics Act of 1988 (Republic Act No. 6675) (1988) The Corporation Code of the Philippines (Batas Pambansa Blg. 68) (1980) Anti-Graft and Corrupt Practices (Republic Act No. 3019) (1960) Civil Code of the Philippines (Republic Act No. 386) (1949) The Revised Penal Code (Act No. 3815 of December 8, 1930) (1930)
	IP Laws: issued by the Executive (Date of current version)
	Executive Order No. 60 Creating the Inter-Agency Committee on Intellectual Property Rights Executive Order No. 736 Institutionalizing Permanent Units to Promote, Protect and Enforce Intellectual Property Rights (IPR) in Different Law Enforcement and other Agencies under the Coordination of the National Committee on Intellectual Property Rigths (NCIPR) (2008) Executive Order No. 320 Amending Section 2 of Executive Order No. 60 dated February 26, 1993 Creating the Inter-Agency Committee on Intellectual Property Rights(2000) Executive Order No. 247 Prescribing Guidelines and establishing a Regulatory Framework for the Prospecting of Biological and Genetic Resources, their By-Products and Derivatives, for Scientific and Commercial Purposes; and for other Purposes (1995) Presidential Decree No. 1986 Creating the Movie & Television Review & Classification Board (1985) Executive Order No. 913, Strengthening the Rule-Making & Adjudicatory Powers of the Minister of Trade & Industry in Order to Further Protect Consumers (1983)

Implementing Rules/Regulations	Intellectual Property (Date of current version)
	Rules of Procedure for Intellectual Property Rights Cases (2011) Revised Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs (2011) Rules and Regulations Implementing the Food and Drug Administration Act of 2009 (Department Circular No. 2011-0101) (2011) Office Order No. 186, Series of 2010, Enhancing the Enforcement of Intellectual Property Rights by Amending Certain Provisions of the Regulations on Administrative Complaints for Violation of Law Involving Intellectual Property Rights (2010) Implementing Rules and Regulations of Republic Act No. 10055 (Joint Administrative Order No. 02-2010) (2010) Implementing Rules and Regulations of the Republic Act No. 9502, otherwise known as the 'Universally Accessible Cheaper and Quality Medicines Act of 2008' (2008) Office Order No. 121, Series of 2008, on the Amendment to the Rules and Regulations on Inventions (2008) Rules and Regulations on Inventions (as amended by Office Order No. 121, Series of 2008) (2008) Department Administrative Order No. 07, Series of 2006, Instituting Simplified and Uniform Rules of Procedure for Administrative Cases Filed with the Department of Trade & Industry (DTI) for Violations of the Consumer Act of the Philippines and Other Trade and Industry Laws (2006) Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers of December 1, 1998 (as last amended by Office Order No. 49 of 2006) (2006) The 2005 Implementing Rules & Regulations of R.A. No. 7459, otherwise known as the Inventors & Invention Incentives Act of the Philippines (2005) Implementing Rules and Regulations of the Optical Media Act of 2003 (Republic Act No. 9239) (2005) Office Order No. 139, Series of 2004, Restoration of Cancelled Trademark Registrations (2004) Rules and Regulations Implementing Republic Act No. 9211, otherwise known as the Tobacco Regulation Act of 2003 (2004) Philippine Rules on PCT Applications (2004) Office Order No. 128, Series of 2003, Restructuring the Fee Structure of the Intellectual Property Law of the Philippines (2003) Implementing Rules and Regulations of the “Philippine Plant Variety Protection Act of 2002” (Administrative Order No. 7, Series of 2003) (2003) Layout-Design (Topographies) of Integrated Circuits Regulations (2002) Office Order No. 13, Series of 2002, Amendment to the Philippines Rules on PCT Applications (2002) Office Order No. 12, Series of 2002, Intellectual Property Office Uniform Rules on Appeal (2002) Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights (2002) Office Order No. 2, Series of 2002 on the Amendment to the IPO Fee Structure (2002) Revised Rules and Regulations on Settlement of Disputes Involving Technology Transfer Payments and the Terms of a License Involving the Author's Right to Public Performance or other Communication of His Work (2001) Rules and Regulations on Administrative Complaints for Violation of Law Involving Intellectual Property Rights (2001) Revised Rules of Criminal Procedure (2000) Implementing Rules and Regulations of the Electronic Commerce Act (2000) Intellectual Property Office Order No. 09 (2000), Amendments to the Rules and Regulations on Utility Models and Industrial Designs of May 12, 2000 (2000) Supreme Court Administrative Matter No. 00-2-01 (2000) Department Administrative Order No. 01, Series of 2000, Further Amending Ministry Order No. 69, Series of 1983, as amended, to include Republic Act No. 8293 (Intellectual Property Code of the Philippines) in the Enumeration of Trade and Industry Laws therein, and for other Purposes (2000) Utility Model and Design Regulations (as amended by Office Order No. 09 of 2000) (2000) Trademark Regulations (as amended by Office Order No. 08 of 2000) (2000) Copyright Safeguards and Regulations (1999) Rules and Regulations on Inventions (1998) Regulations on Interpartes Proceedings (1998) Rules & Regulations on Voluntary Licensing (1998) Rules and Regulations Implementing Republic Act No. 8371, otherwise known as The Indigenous Peoples' Rights Act of 1997 (1998) Revised Rules of Civil Procedure (1997) (1997) Rules and Regulations Implementing Republic Act No. 8203, otherwise known as the Special Law on Counterfeit Drugs (IRR of R.A. 8203) (1996) Supreme Court Administrative Circular No. 104-96 (1996) Implementing Rules and Regulations on the Prospecting of Biological and Genetic Resources, Administrative Order No. 96-20 (1996) Supreme Court Administrative Order No. 113-95 (1995)

Treaty Membership	WIPO-Administered Treaties (Entry into force of the Treaty for the Contracting Party)
	Summary Table of Membership of the World Intellectual Property Organization (WIPO) and the Treaties Administered by WIPO, plus UPOV, WTO and UN Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (July 25, 2012) WIPO Copyright Treaty (October 4, 2002) WIPO Performances and Phonograms Treaty (October 4, 2002) Patent Cooperation Treaty (August 17, 2001) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (September 25, 1984) Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (October 21, 1981) Convention Establishing the World Intellectual Property Organization (July 14, 1980) Paris Convention for the Protection of Industrial Property (September 27, 1965) Berne Convention for the Protection of Literary and Artistic Works (August 1, 1951)
	IP-related Multilateral Treaties (Entry into force of the Treaty for the Contracting Party)
	United Nations Convention on the Use of Electronic Communications in International Contracts Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (September 30, 2012) Convention relating to the Status of Stateless Persons (December 21, 2011) Convention on the Rights of Persons with Disabilities (May 15, 2008) Protocol (III) additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (February 22, 2007) Cartagena Protocol on Biosafety to the Convention on Biological Diversity (January 3, 2007) International Treaty on Plant Genetic Resources for Food and Agriculture (December 27, 2006) Convention for the Safeguarding of the Intangible Cultural Heritage (November 18, 2006) International Plant Protection Convention (October 2, 2005) WHO Framework Convention on Tobacco Control (September 4, 2005) Kyoto Protocol to the United Nations Framework Convention on Climate Change (February 16, 2005) Stockholm Convention on Persistent Organic Pollutants (May 27, 2004) Agreement establishing the World Trade Organization (WTO) (January 1, 1995) World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (January 1, 1995) United Nations Convention on the Law of the Sea (November 16, 1994) United Nations Framework Convention on Climate Change (October 31, 1994) Convention on Biological Diversity (January 6, 1994) Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (June 11, 1987) Convention concerning the Protection of the World Cultural and Natural Heritage (December 19, 1985) International Covenant on Economic, Social and Cultural Rights (January 3, 1976) Protocol 1 annexed to the Universal Copyright Convention as signed at Geneva on 6 September 1952 concerning the application of that Convention to works of stateless persons and refugees (November 19, 1955) Protocol 2 annexed to the Universal Copyright Convention as signed at Geneva on 6 September 1952 concerning the application of that Convention the works of certain international organizations (November 19, 1955) Universal Copyright Convention of 6 September 1952, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (November 19, 1955) Protocol 3 annexed to the Universal Copyright Convention as signed at Geneva on 6 September 1952 concerning the effective date of instruments of ratification or acceptance of or accession to that Convention (August 19, 1955) Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (April 6, 1953) Convention (IV) relative to the Protection of Civilian Persons in Time of War (April 6, 1953) Agreement on the Importation of Educational, Scientific and Cultural Materials (November 30, 1952) Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (September 7, 1951)
	IP Regional Treaties (Entry into force of the Treaty for the Contracting Party)
	ASEAN Framework Agreement on Intellectual Property Cooperation
	Regional Economic Integration Treaties (Entry into force of the Treaty for the Contracting Party)
	Protocol Relating to Trade Negotiations Among Developing Countries Agreement ASEAN Trade in Goods Agreement (May 17, 2010) Agreement establishing the ASEAN-Australia-New Zealand Free Trade Area (January 1, 2010) Global System of Trade Preferences among Developing Countries (March 30, 1992) Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area (January 28, 1992) Agreement on Promotion and Protection of Investment in ASEAN (August 2, 1988)
	IP-relevant Bilateral Treaties (Entry into force of the Treaty for the Contracting Party)
	Agreement on Comprehensive Economic Partnership among Japan and Member States of the Association of Southeast Asian Nations (July 1, 2010) Economic Partnership Agreement between Japan and the Philippines (December 11, 2008) Agreement between the Government of the Republic of the Philippines and the Government of the Argentine Republic on the Promotion and Reciprocal Protection of Investment (January 1, 2002) Agreement between the Government of the Republic of Chile and the Government of the Republic of the Philippines for the Promotion and Reciprocal Protection of Investments(November 6, 1997) Agreement between the Government of Canada and the Government of the Republic of the Philippines for the Promotion and Reciprocal Protection of Investments(November 13, 1996) Agreement between the Government of the Republic of France and the Government of the Republic of the Philippines on the Reciprocal Promotion and Protection of Investments (June 13, 1996)

Relevant links	Directory of IP Offices

Philippines

BACKGROUND

ORGANIZATION

REGISTRATION PROCEDURE

LAWS AND REGULATIONS

Laws

Implementing Rules/Regulations

Treaty Membership

Relevant links