RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/272/Add.2
14 March 2002
(02-1333)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from the Philippines to the questions posed by Canada
and the European Communities and their member States
Addendum
By means of a communication from the Permanent Mission of the Philippines dated
4 March 2002, the Secretariat has received copies of the following responses to the questions posedby Canada and the European Communities and their member States, as circulated in documents
IP/C/W/261/Add.1 and 274, respectively.
_______________
CANADA
1
3. What procedures are available for provisional measures, in particular civil ex parte
remedies, pursuant to Article 50 of the TRIPS Agreement?
The following provisional measures are available pursuant to Article 50 of the TRIPS
Agreement:
(a) Preliminary attachment
At the commencement of the action or at any time before the entry of judgment, a plaintiff or
any proper party may have the property of the adverse party attached as security for the satisfaction of
any judgment that may be recovered.2
The only requisites for the issuance of the writ of preliminary attachment are the affidavit and
bond of the applicant. No notice to the adverse party or hearing of the application is required as thetime which the hearing would entail could be enough to enable the defendant to abscond or dispose of
his property before the writ of preliminary attachment is issued.
3
(b) Preliminary injunction/temporary restraining order
This is an order granted at any stage of the action or proceeding prior to the judgment or final
order, requiring a party or a court, agency or person to refrain from a particular act or acts. It may also
                                                     
1 These responses supplement the Philippines' responses to questions posed by Canada circulated in document
IP/C/W/272.
2 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 1
3 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 3IP/C/W/272/Add.2
Page 2
require the performance of a particular act or acts, in which case, it is called a preliminary mandatory
injunction.4
Any aggrieved party may apply for preliminary injunction by filing a verified complaint with
the proper court showing the grounds relied upon and the filing of the required bond.5
The court may issue ex parte  a temporary restraining order to be effective for a period of
seventy two (72) hours from notice to the party or person sought to be enjoined on matters of extreme
urgency that may result in a grave injustice and irreparable damage to the applicant.  Within that
period, the court must conduct a hearing to determine the propriety of the injunction.  Ordinarily, a
preliminary injunction has a lifetime of twenty (20) days and cannot be issued in the absence of a
hearing. The twenty (20) days period is inclus ive of the seventy two (72) hours restraining order.
However, if issued by the Court of Appeals, the temporary restraining order shall be effective for
sixty (60) days from notice to the party sought to be enjoined. A restraining order issued by the
Supreme Court shall be effective until further orders.6
Procedures common to the above remedies
Both preliminary attachment and preliminary injunction/temporary restraining order are
initiated by filing a verified petition with the proper court and posting of bond.7  The petitioner must
show facts entitling him to the relief demanded.
In both cases, the bond posted by the applicant serves as security for the adverse party and
answers for damages and costs, which may be adjudged to the adverse party arising from and by
reason of the provisional remedy.
(c) Impounding and destruction
On the application of the complainant the court may impound during the pendency of the
action, sales invoices and other documents evidencing sales.8
Infringing goods are likewise subject to destruction without any compensation while the case
is pending.9
(d) Seizure and impounding
The court is empowered to order the seizure and impounding of any article which may serve
as evidence in court proceedings.10
(e) Proposed revision of rules
The Committee on Revision of Rules of the Supreme Court is likewise studying the
possibility of amending  the Rules of Court to explicitly provide for preventive/provisional measures
in infringement cases that will apply to civil actio ns giving due regard to the constitutional right to
due process, equal protection, and the right of the people to be secure in their persons, houses, papers
and effects against unreasonable searches and seiz ures of whatever nature and for any purpose.
                                                     
4 Revised Rules of Civil Procedure (1997), Rule,58, Sec. 1
5 Revised Rules of Civil Procedure (1997), Rule 58, Sec. 3
6 Revised Rules of Civil Procedure (1997), Rule 58, Sec. 5
7 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 1 & 3; Rule 58, Sec. 4
8 Rep. Act No. 8293, Secs. 156.2
9 Rep. Act No. 8293, Sec. 216.1 (d)
10 Rep. Act No. 8293, Sec. 216.2IP/C/W/272/Add.2
Page 3
4. How are plant varieties protected in the Philippines, and how does such protection accord
with TRIPS obligations?
Identical bills (House Bill No. 10654 and Senate Bill No. 1912) which aim to provide
sui generis  protection to plant varieties, taking into consideration our TRIPS obligations, are in
advanced discussion in Congress.
5. How are integrated circuit topographies protected in the Philippines, and how does such
protection accord with TRIPS obligations?
Congress has approved the bill on protection of integrated circuit topographies which is
expected to be signed by the President shortly. Protection for a period of ten years without renewal is
obtained by registration, counted from either:  (1) date of first commercial exploitation anywhere in
the world provided the application is filed within two years, or (2) date of filing if not yet previously
exploited.  The bill was drafted in consultation with the World Intellectual Property Organization
taking into account the TRIPS Agreement and the cited IPIC Treaty provisions.
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
Philippine legislations pursuant to the TR IPS Agreement include measures necessary to
protect public health and nutrition, and  promote the public interests in sectors of vital importance to
socio-economic and technological development as mentioned under Article 8 thereof. Republic Act
No. 8293 otherwise known as the "Intellectual Propert y Code of the Philippines" provides for the
compulsory licensing to exploit a patented inventi on, even without the agreement of the patent owner,
in favor of any person who has shown his capabil ity to exploit the invention in case where public
interest, in particular, national security, nutrition, health or the development of other vital sectors of
the national economy as determined by the appropriate agency of the government, so requires.11 The
application for compulsory licensing on said ground may be filed anytime.12
The license will be granted only after the petitioner had made efforts to obtain authorization
from the patent owner on reasonable commercial te rms and conditions but without success within a
reasonable period of time.13 Said requirement, however, will not apply where the petition seeks to
remedy a practice determined by the judicial or administrative process to be anti-competitive14, or in
situations of national emergency or other circumstances of extreme urgency15, and in cases of public
non-commercial use.16
This above-described measure is in consonance with the "desire" of the member countries as
embodied in the TRIPS Agreement "to reduce distortions and impediments to international trade, and
                                                     
11 Rep. Act No. 8293 (1998), Sections 93, 93.2 ; Regulations on Inter Partes Proceedings, Rule   6, Section  3 (b).
12 Rep. Act No. 8293, Sec. 94.2 ; Regulations on Inter Partes Proceedings, Rule 6, Section 2.
13 Rep. Act No. 8293, Sec. 95.1 ; Regulations on Inter Partes Proceedings, Rule 6, Section 4.
14 Rep. Act No. 8293, Sec. 95.2 (a), ; Regulations on Inter Partes Proceedings, Rule 6, Section 5 (a).
15 Rep. Act No. 8293, Sec. 95.2 (b); Regulations  on Inter Partes Proceedings, Rule 6, Section 5 (b).
16 Rep. Act No. 8293, Sec. 95.2 (c) ; Regulations on Inter Partes Proceedings, Rule 6, Section 5 (c).IP/C/W/272/Add.2
Page 4
taking into account the need to promote effective and adequate protection of intellectual property
rights, and to ensure that measures and procedures  to enforce intellectual property rights do not
themselves become barriers to legitimate trade".
Moreover, the measure is also in accordance with the principle enunciated in the Agreement
that  "the protection and enforcement of intellectual property rights should contribute to the promotionof technological innovation and to the transfer and dissemination of technology, to the mutual
advantage of producers and users of technological knowledge and in a manner  conducive to social
and economic welfare, and to a balance of rights and  obligations."
17
Indeed, without such measure, intellectual prop erty rights may be abused by the holders
thereof to the detriment of national interest and exigencies and the common good.  A right holder may
be tempted to withhold his creation  which could be crucial to public health and nutrition and in the
promotion of public interest in technological development so vital to the socio-economic progress ofthe country.  The measure is likewise consistent with the TRIPS Agreement in that the protection of
the intellectual property right holders is not compromised with the existence of procedure requiring
notice and hearing where any interested party may participate.
18 Moreover, the intellectual property
right owner shall be paid adequate remuneration taking into account the economic value of the grant
or authorization. However, where the license is granted to correct a practice which, after judicial oradministrative process, is found to be anti-competitive, the need to correct the anti-competitive
practice may be taken into account in fixing the amount of remuneration.
19 Moreover, the license may
be amended, cancelled or surrendered. 20
There are other Philippine laws and regulations providing measures contemplated under
Article 8 of the TRIPS Agreement as regards public health and nutrition. The Department of Health,pursuant to its mandate under the law
21, may authorize the importation of a pharmaceutical product
with a registered counterpart brand in the Philippine s to make it more affordable and available to the
public, especially the marginalized.22 On the matter of disclosure of information, the Department of
Health, through the Bureau of  Food and Drugs, requires the registration by the seller and
manufacturer of drugs or devices requiring them to submit full reports of investigation to show  that
the drug or device is safe,  and full description of the methods, facilities  and controls used as
components thereof as the Secretary of Health may require.23 The disclosed information, however, is
protected.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as  specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to theBerne Convention (1971)).
The Philippines is a member of the Berne Convention, recognizes and protects the exclusive
rights of the authors with respect to their literary and artistic works, to carry out, authorize or prevent
the following acts:
a. Reproduction of the work or substantial portion of the work;
                                                     
17 TRIPS Agreement,  Article 7.
18 Rep. Act No. 8293, Sec.  99 ; Regulations on Inter Partes Proceedings, Rule 6, Sections 6 & 10.
19  Rep. Act No. 8293, Sec. 100 ; Regulations on Inter Partes Proceedings, Rule 6, Section 13
20  Rep. Act No. 8293,Sec. 101; Regulations on Inter Partes Proceedings, Rule 6, Sections 14, 15 & 16.
21  Executive Order No.  292, otherwise known as the Administrative Code of 1987.
22 Administrative Order No. 85, series of 2000.
23 Rep. Act No. 3720 (1963), otherwise known as the Food, Drug and Cosmetic Act.IP/C/W/272/Add.2
Page 5
b. Dramatization, translation, adaptation, abridgement, arrangement or other
transformation of the work;
c. The first publication of the original and each copy of the work by sale or other forms
of transfer of ownership;
d. Rental of the original or a copy of an audiovisual or cinematographic work, a work
embodied in a sound recording, a computer program, a compilation of data and other
materials or a musical work in graphic form, irrespective of the ownership of the
original or the copy which is the subject of the rental;
e. Public display of the original or a copy of the work;
f. Public performance of the work; and
g. Other communication to the public of the work.24
Any person infringing any right of the author may be liable to an injunction restraining such
infringement; to pay the copyright proprietor or his assigns or heirs, actual damages and other
expenses; to deliver the infringing articles, among others, for impounding and destruction; and to pay
moral and exemplary damages, as may be determined by the court.25
Criminal penalties may likewise be imposed on persons liable for infringement or any person
aiding or abetting such infringement. These may include imprisonment ranging from one (1) year to
nine (9) years and/or fine from Fifty Thous and Pesos (P50,000) to  One Million Five Hundred
Thousand Pesos (P1,500,000).26
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Philippine law includes computer programs in the enumeration of “literary and artistic works”
protected by copyright.27 These works are protected from the moment of creation by the sole fact of
their creation, irrespective of their mode or form of expression, as well as their content, quality and
purpose.28
Notwithstanding exclusive reproduction right, the reproduction in one (1) back-up copy or
adaptation of a computer program shall be permitted, without the authorization of the author of, or
other owner of copyright in, a computer program, by the lawful owner of that computer program:
Provided, that the copy or adaptation is necessary for: (a) The use of the computer program inconjunction with a computer for the purpose, and to the extent, for which the computer program has
been obtained; and (b) for archival purposes, and, for the replacement of the lawfully owned copy of
the computer program in the event that the lawfully obtained copy of the computer program is lost,
destroyed or rendered unusable.
29 Any such copy or adaptation of the computer program shall be
destroyed in the event that continued possession thereof ceases to be lawful.30
Philippine law protects by copyright "compilations of data and other materials which are
original by reason of the selection or coordination or arrangement of their contents" as derivative
                                                     
24 Rep. Act No. 8293, Sec. 177
25 Rep. Act No. 8293, Sec. 216
26 Rep. Act No. 8293, Sec. 217
27 Rep. Act No. 8293, Sec. 172.1
28 Rep. Act No. 8293, Sec. 172.2
29 Rep. Act No. 8293, Sec. 189.1
30 Rep. Act No. 8293, Sec. 189.2IP/C/W/272/Add.2
Page 6
works.31 However, such new work shall not affect the force of any subsisting copyright upon the
original works employed or any part thereof, or be  construed to imply any right to such use of the
original works, or to secure or extend copyright in such original works.32
The author of a copyrightable computer program and compilation of data enjoys economic
rights as well as moral rights during the life of the author and for fifty (50) years after his death.33
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
Yes, the Philippines provides for rental right in its legislation. As part of the author’s
copyright or economic rights, he shall have the exclusive right to carry out, authorize or prevent therental of the original or a copy of:
a. An audiovisual or cinematographic work,
b. A work embodied in a sound recording,
c. A computer program,
d. A compilation of data and
Other materials or a musical work in graphic form.
34
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
(a) Performers enjoy both economic and moral rights as regards their performances. The
performers have the right to authorize:
a. The broadcasting and other communication to the public of their performances;
b. The fixation of their unfixed performance;
c. The direct or indirect reproduction of their performances fixed in sound recordings in
any manner or form;
d. The first public distribution of the original and copies of their performance;
e. The commercial rental to the public of the original and copies of their performances
fixed in sound recordings, even after distribution of them by, or pursuant to the
authorization by the performer;  and
f. The making available to the public of their performances fixed in sound recordings,
by wire or wireless means.35
In addition, the performer shall, as regards his live aural performances or performances in
sound recordings have the right:
                                                     
31 Rep. Act No. 8293, Sec. 173.1(b)
32 Rep. Act No. 8293,Sec. 173.2
33 Rep. Act No. 8293, Sec. 213.1
34 Rep. Act No. 8293, Sec. 177.4
35 Rep. Act No. 8293, Sec. 203IP/C/W/272/Add.2
Page 7
a. To claim to be identified as the performer of his performances, and
b. To object to any distortion, mutilation or other modification of his performances that
would be prejudicial to his reputation. 36
The performer shall likewise be entitled to an additional remuneration for every
communication to the public subsequent to the first communication to the public or broadcast thereof
equivalent to at least five percent (5%) of the original compensation for the first communication or
broadcast.37
(b) Producers of sound recordings, on the other hand, enjoy the following exclusive rights:
a. The right to authorize the direct or indirect reproduction of their sound recordings, in
any manner or form; the placing of these reproductions in the market and the right of
rental or lending;
b. The right to authorize the first public distri bution of the original and copies of their
sound recordings through sale or rental or ot her forms of transferring ownership;  and
c. The right to authorize the commercial rental to the public.38
Producers of sound recordings and performers shall likewise be entitled to a single equitable
remuneration for broadcasting or other communication to the public of the sound recording that was
used for profit.39
(c) As far as broadcasting organizations are concerned, their exclusive rights extend to the right
to carry out, authorize or prevent the following acts:
a. The rebroadcasting of their broadcasts;
b. The recording in any manner, including the making of films or the use of video tape,
of their broadcasts for the purpose of communication to the public of television
broadcasts of the same;  and
c. The use of such records for fresh transmissions or for fresh recording.40
The rights granted to performers and producers of sound recordings expire fifty (50) years
from the end of the year in which the performance took place in case of performances not
incorporated in recordings, and fifty (50) years fr om the end of the year in which the recording took
place for sound or image and sound recordings and for performances incorporated therein. In case of
broadcasts, the term shall be twenty (20) years from the date the broadcast took place.41
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and RomeConventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Limitations on Copyright
                                                     
36 Rep. Act No. 8293, Sec. 204
37 Rep. Act No. 8293, Sec. 206
38 Rep. Act No. 8293, Sec. 208
39 Rep. Act  No. 8293, Sec. 209
40 Rep. Act No. 8293, Sec. 211
41 Rep. Act No. 8293, Sec. 215IP/C/W/272/Add.2
Page 8
Notwithstanding the copyrights or economic rights enjoyed by authors of literary and artistic
works, the law allows the use and reproduction of copyrighted works in certain special cases,
provided that such reproduction does not conflict with the normal exploitation of the work and does
not unreasonably prejudice the legitimate interest of the author42.
Permitted Use
The following special cases shall not constitute infringement of copyright and serve as
limitations on copyright 43:
(a) The recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if madestrictly for a charitable or religious institution or society;
(b) The making of quotations from a published work if they are compatible with
fair use and only to the extent justified for the purpose, including quotationsfrom newspaper articles and periodicals in the form of press summaries:
Provided, That the source and the name of the author, if appearing on the
work, are mentioned;
(c) The reproduction or communication to the public by mass media of articles
on current political, social, economic, scientific or religious topic, lectures,
addresses and other works of the same nature, which are delivered in public if
such use is for information purposes and has not been expressly reserved:Provided, That the source is clearly indicated;
(d) The reproduction and communication to the public of literary, scientific or
artistic works as part of reports of current events by means of photography,
cinematography or broadcasting to the extent necessary for the purpose;
(e) The inclusion of a work in a publication, broadcast, or other communication
to the public, sound recording or film, if such inclusion is made by way of
illustration for teaching purposes and is compatible with fair use: Provided,
That the source and of the name of the author, if appearing in the work, arementioned;
(f) The recording made in schools, universities, or educational institutions of a
work included in a broadcast for the use of such schools, universities or
educational institutions: Provided, That such recording must be deletedwithin a reasonable period after they were first broadcast: Provided, further,
That such recording may not be made from audiovisual works which are part
of the general cinema repertoire of feature films except for brief excerpts ofthe work;
(g) The making of ephemeral recordings by a broadcasting organization by
means of its own facilities and for use in its own broadcast;
(h) The use made of a work by or under the direction or control of the
Government, by the National Library or by educational, scientific orprofessional institutions where such use is in the public interest and iscompatible with fair use;
                                                     
42 Rep. Act 8293, Sec. 184.2
43 Rep. Act 8293, Sec. 184.1IP/C/W/272/Add.2
Page 9
(i) The public performance or the communication to the public of a work, in a
place where no admission fee is charged in respect of such public
performance or communication, by a club or institution for charitable or
educational purpose only, whose aim is not profit making, subject to such
other limitations as may be provided in the Regulations;
(j) Public display of the original or a copy of the work not made by means of a
film, slide, television image or otherwise on screen or by means of any other
device or process: Provided, That either the work has been published, or, that
original or the copy displayed has been sold, given away or otherwisetransferred to another person by the author or his successor in title; and
(k) Any use made of a work for the purpose of any judicial proceedings or for the
giving of professional advice by a legal practitioner.
Fair Use
As a further limitation on copyright, the law allows fair use of a copyrighted work for
criticism, comment, news reporting, teaching, including multiple copies for classroom use,
scholarship, research, and similar purposes.  Fair use also includes decompilation, which is
understood as the reproduction of the code and translation of the forms of the computer program to
achieve the inter-operability of an independently  created computer program with other programs.44
The rules on fair use shall also apply to unpublished works45.
Work of Architecture
Copyright in work of architecture does not in clude the right to control the reconstruction or
rehabilitation in the same style as the original of a building to which the copyright relates46.
Reproduction of Published Works
The private reproduction of a published work in a single copy, where the reproduction is
made by a natural person exclusively for research and private study, shall be permitted, without the
authorization of the owner of copyright except in cases provided for by law47.
Reprographic Reproduction by Libraries
Reprographic reproduction of a single copy by a non-profit library or archive even without the
authorization of the author or copyright owner is allowed in the following instances48:
(a) Where the work by reason of its fragile character or rarity cannot be lent to
user in its original form;
(b) Where the works are isolated articles contained in composite works or brief
portions of other published works and the reproduction is necessary to supply
them; when this is considered expedient, to person requesting their loan forpurposes of research or study instead of lending the volumes or booklets
which contain them;  and
                                                     
44 Rep. Act 8293, Sec. 185.1
45 Rep. Act 8293, Sec. 185.2
46 Rep. Act 8293, Sec. 186
47 Rep. Act 8293, Sec. 187.1
48 Rep. Act 8293, Sec. 188.1IP/C/W/272/Add.2
Page 10
(c) Where the making of such a copy is in order to preserve and, if necessary in
the event that it is lost, destroyed or rendered unusable, replace a copy, or to
replace, in the permanent collection of another similar library or archive, a
copy which has been lost, destroyed or rendered unusable and copies are not
available with the publisher."
However, the reproduction of a volume of a work published in several volumes or to produce
missing tomes or pages of magazines or similar works is not allowed unless the volume, tome or part
is out of stock.   Except for special reasons, a library entitled by law to receive copies of a printedwork, is entitled to reproduce a copy of a published work which is considered necessary for thecollection of the library but which is out of stock.
49
Reproduction of Computer Programs
The authorization of the owner of copyright in a computer program is not necessary for the
reproduction of a computer program in a single back-up copy provided that the reproduction is doneby the lawful owner of that computer program and is necessary for:
50
(a) The use of the computer program in conjunction with a computer for the
purpose, and to the extent, for which the computer program has beenobtained;   and
(b)  Archival purposes, and, for the replacement of the lawfully owned copy of
the computer program in the event that the lawfully obtained copy of the
computer program is lost, destroyed or rendered unusable.
The single back up copy shall be used only for the purposes determined above or compatible
with fair use, and any such copy or adaptation shall be destroyed in the event that continued
possession of the copy of the computer program ceases to be lawful.
51
Importation for Personal Use
The importation of a copy of a work, by an individual for his personal purposes shall be
permitted without the authorization of the owner of copyright in the work provided its use will not
violate the rights of owner of copyright or annul or limit the protection secured by law52 under the
following circumstances:53
(a) When copies of the work are not available in the Philippines and:
(i) Not more than one (1) copy at one time is imported for
strictly individual use only;   or
(ii) The importation is by authority of and for the use of the
Philippine Government;  or
(iii) The importation, consisting of not more than three (3) such
copies or likenesses in any one invoice, is not for sale but for
the use only of any religious, charitable, or educational
society or institution duly incorporated or registered, or is for
                                                     
49 Rep. Act 8293, Sec. 188.2
50 Rep. Act 8293, Sec. 189.1
51 Rep. Act 8293, Sec. 189.2 & 189.3
52 Rep. Act 8293, Sec. 190.2
53 Rep. Act 8293, Sec. 190.1IP/C/W/272/Add.2
Page 11
the encouragement of the fine arts, or for any state school,
college, university, or free public library in the Philippines.
(b) When such copies form parts of libraries and personal baggage belonging to
persons or families arriving from foreign countries and are not intended for
sale, provided, that such copies do not exceed three (3).
Limitations on Neighbouring Rights
The rights enjoyed by performers shall cease once the performer has authorized the
broadcasting or fixation of his performance54 except for the performer's right for additional
remuneration for subsequent communications or broadcast of his performance.55 Likewise, the
performer's right is subject to the limitations on copyright protection and fair use.56
Likewise, the rights enjoyed by producer of sound recordings is also subject to the limitations
on copyright protection and fair use.57
The law further states that performers, producers of sound recording and broadcasting
organization may not object to the use of their performances, sound recordings and broadcast relatingto:
58
(a) The use by a natural person exclusively for his own personal purposes;
(b) Using short excerpts for reporting current events;
(c) Use solely for the purpose of teaching or for scientific research;  and
(d) Fair use of the broadcast subject to the conditions under section 185.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
Term of Protection for Literary and Artistic Works
Literary and artistic works and its derivatives shall be protected during the life of the author
and for fifty (50) years after his death. This rule also applies to posthumous works.59
In case of works of joint authorship, the economic rights shall be protected during the life of
the last surviving author and for fifty (50) years after his death.60
In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50)
years from the date on which the work was first lawfully published.   If unpublished shall be protected
for fifty (50) years counted from the making of the work.   In case before the expiration of the said
period, the author's identity is revealed or is no longer in doubt the term of protection enjoyed byauthors whose identity is known shall apply.
61
                                                     
54 Rep. Act 8293, Sec. 205.1
55 Rep. Act 8293, Sec. 206
56 Rep. Act 8293, Sec. 205.2
57 Rep. Act 8293, Sec. 210
58 Rep. Act 8293, Sec. 212
59 Rep. Act 8293, Sec. 213.1
60 Rep. Act 8293, Sec. 213.2
61 Rep. Act 8293, Sec. 213.3IP/C/W/272/Add.2
Page 12
In case of works of applied art, the protection shall be for a period of twenty-five (25) years
from the date of making.62
In case of photographic works, the protection shall be for fifty (50) years from publication of
the work and, if unpublished, fifty (50) years from the making.63
In case of audio-visual works including those produced by process analogous to photography
or any process for making audio-visual recordings, the term shall be fifty (50) years from date of
publication, and, if unpublished, from the date of making.64
Term of Protection for Performers, Producers and Broadcasting Organizations
The rights granted to performers and producers of sound recordings shall expire:65
(a) For performances not incorporated in recordings, fifty (50) years from the end of the
year in which the performance took place;  and
(b) For sound or image and sound recordings and for performances incorporated therein,
fifty (50) years from the end of the year in which the recording took place.
In case of broadcasts, the term shall be twenty (20) years from the date the broadcast took
place. The extended term shall be applied only to old works with subsisting protection under the priorlaw.
66
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
The retroactive protection provided pursuant to Article 18 of the Berne Convention (the
obligation which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS
Agreement is recognized through a provision in the Intellectual Property Code that the protection
afforded to by the Law on Copyright shall also apply to copyrightable works, performers, producers
of sound recordings and broadcasting organizations  that are to be protected by virtue of and in
accordance with any international convention or other international agreement to which thePhilippines is a party.
67
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
Sign forms part of the definition of a mark, viz: "mark" means any visible sign capable of
distinguishing the goods (trademarks) or services (service mark) of an enterprise.68
A sign may be a written word, name, symbol , emblem, device, design or logo or any
combination thereof.
                                                     
62 Rep. Act 8293, Sec. 213.4
63 Rep. Act 8293, Sec. 213.5
64 Rep. Act 8293, Sec. 213.6
65 Rep. Act 8293, Sec. 215.1
66 Rep. Act. 8293, Sec 215.2
67 Rep. Act. 8293, Sec. 221.2 & 224.2
68 Rep. Act 8293,  Section 121.1IP/C/W/272/Add.2
Page 13
A sign or mark is protectable when the same is registered in the Intellectual Property Office,
and when a Declaration of Actual Use is filed within three (3) years from filing date69 and within one
(1) year from the fifth anniversary of the date of registration of the mark.70  Internationally well-
known marks are also protectable whether registered or not, the advantage of registration being that,
protection can be claimed with regard to goods that are not similar to those which registration isapplied for.
71
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please confirm if signs, such as trade names, are protectable.  Please describe if elements such
as sound, perfumes and containers are protectable.
In addition to trademarks, service marks, tradenames and stamped or marked container of
goods are also protected.72
Olfactory and auditory marks are not protected because the law limits the definition of
"mark" to visual marks only.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration
in that respect.
Actual use of mark is not required upon filing of application, as mere intent to use the same is
sufficient. However, a declaration of actual use of the mark in commerce is required within three (3)
years from the filing date of the application.73  A certificate of registration shall remain in force for ten
(10) years, provided, that the registrant shall file a declaration of actual use and evidence to that effect
within one (1) year from the fifth anniversary of the date of the registration of the mark.74
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
A Certificate of Registration may be renewed for periods of ten (10) years at its expiration
upon payment of the prescribed fee and upon filing a request. Although the duration of registration is
10 years, no limit is set for the number of renewals.75
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
There is no special requirement under Philippine legislation on the use of trademarks.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
Under Philippine laws, a mark cannot be registered if it is likely to mislead the public,
particularly as to the nature, quality, characteristic or geographical origin of the goods or services.76
                                                     
69 Rep. Act 8293,  Section 124.2; Trademark Rules and Regulations, Rules  204, 618,801
70 Rep. Act 8293, Section 145, Trademark Rules and Regulations , Rule  801
71 Rep. Act 8293, Section 123 (f); Trademark Rules and Regulations, Rule 101
72 Rep. Act 8293, Section 121.1
73 Rep. Act 8293, Section 124.2
74 Rep. Act 8293, Section 145
75 Rep. Act 8293, Section 146; Trademark Rules and Regulations, Rule 917
76 Rep. Act 8293, Section 123.1IP/C/W/272/Add.2
Page 14
15. Please give the definition of a geographical indication in your legislation.
Geographical indications are indications which identify a good as originating in the territory
of a country which is a member of, or a region or locality in that territory, where a given quality,reputation or other characteristic of the good is essentially attributable to its geographical origin.
77
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
Any person who, on or in connection with any g oods or services, or any container for goods,
uses in commerce any false designation of origin, which, in commercial advertising or promotion,misrepresents the geographic origin of his or her or another person’s goods, services, or commercial
activities, shall be liable to a civil action for damages and injunction by any person who believes that
he or she is or likely to be damaged by such act.  Independent of the civil and administrative
sanctions, a criminal penalty of 2-5 years and fine P50, 000-P200,000 shall also be imposed upon the
person found guilty committing the above acts.
Any goods marked or labelled misrepresenting the geographic origin shall not be imported
into the Philippines or admitted entry at any customhouse of the Philippines.
78
17. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
The protection of geographical indications specifically in respect to wines and spirits pursuant
to Article 23.2 of the TRIPS Agreement is provided under the existing trademark law regime
considering that trademarks and geographic indications perform similar functions: as sourceidentifiers, indicators of quality and promote goods and services.
An administrative remedy of cancellation of mark is available in case the registrant misleads
the public as to the geographic origin of the goods or services.
79
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of namesconsidered as generic in your jurisdiction.
In Philippine jurisdiction, the law on trademarks provides the legal means to assert and defend
rights in respect of geographical indications. In case of conflict, the determining factors would
include: the date of first use of mark/the first user of mark, and whether the mark is continuouslyused, and whether use is done in good faith.
E. I
NDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs areprotected.
Designs dictated essentially by technical or functional considerations are not protected under
the law on Industrial Designs. However, they can be protected under the law on Utility Models
80.
                                                     
77 Trademark Rules and Regulations, Rule 101 par. (g)
78 Rep. Act 8293, Sections 169.1,169.2, 170
79 Rep. Act 77394 (Consumer Act of the Philippines), Article 77 par. (d) viii; Rep. Act 8293, Section 151; Rules
and Regulations on Inter Partes  Proceedings, Rule 8IP/C/W/272/Add.2
Page 15
Textile designs can be protected by industrial design registration81. The industrial design
application shall contain the following elements, to wit:
      (a) A completely filled-out request form containing the name and address of the applicant
or where the applicant is not the designer, a statement indicating the origin of the
right to the industrial design; and, indicating that the design shall be applied to textile;
(b) A representation of the article of manufacture or handicraft by way of drawings,
photographs or other adequate graphic representation of the design as applied to the
article of manufacture or handicraft which clearly and fully discloses those features
for which design protections is claimed82;  and
(c) the prescribed filing fee.
     Upon completion of the aforesaid requirements, the application will be given a filing date and
application number, and the same will be assigned to the patent examiner for formality examination.83
The filing fee may be paid within one (1) month from the date the application was received by
the office.84
If the application meets the requirement for regi strability, the examiner shall forward to the
applicant a notice of registrability requiring the payment for the issuance and publication fees. Upon
payment of the required fees, a certificate of registra tion shall be issued to the applicant.  In case the
application fails to meet the requirements for registrability, the examiner shall submit to the applicant
a formality examination report pointing out the informalities and defects thereof.
The applicant may respond to the examiner’s formality examination report by (1) voluntarily
withdrawing the applic ation, (2) amending the application, or (3) upon payment of the required fee,
requesting for a registrability report. The registrability report shall contain citations of relevant prior
art documents with appropriate indications as to thei r degree of relevance, which will serve as an aid
to determine the validity of the industrial design in respect to newness.
The applicant shall be given a time limit of six (6) months to respond to the examiner’s
formality examination report.85  If the applicant fails to prosecute  his application within the required
time, the application shall be deemed withdrawn. An application deemed withdrawn for failure toprosecute may be revived as a pending application within a period of four (4) months from mailing
date of the notice of withdrawal.
86
Textile designs, whether or not registrable as industrial design, are also protected under
Copyright.87
20. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
                                                                                                                                                                    
80 Rep. Act 8293, Chapter XII
81 Rule 309 of the IRR for Utility Models and Industrial Designs
82 Rep. Act No. 8293, Sec. 114, paragraph (d).
83 Rules 307 and 308 of the IRR for Utility Models and Industrial Designs.
84 Rule 310 of the IRR for Utility Models and Industrial Designs.
85 Rule 452 of the IRR for Utility Models and Industrial Designs.
86 Rule 453 of the IRR for Utility Models and Industrial Designs.
87 Rep. Act No. 8293, Sec. 172, paragraph (h).IP/C/W/272/Add.2
Page 16
The law on Industrial Design confers to the owner of an Industrial Design Registration the
right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering
for sale, selling or importing a product covered by such Industrial Design Registration.88
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
The provisions on compulsory licensing do not apply to  industrial designs.
22. Please indicate for what period of time your  legislation grants protection for industrial
designs.
The law provides for a term of protection of five (5) years from the filing date for industrial
design registration, renewable for not more than two (2) consecutive periods of five (5) years each, by
paying the renewal fee.89
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Novelty.  An invention shall not be considered new if it forms part of a prior art.90
Inventive Step.  An invention involves an inventiv e step if, having regard to prior art, it is not
obvious to a person skilled in the art at the time of the filing date or priority date of the application
claiming the invention.91
Industrial applicability. An invention that can be produced and used in any industry shall be
industrially applicable.92
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
Under Philippine law, the exclusive rights conferred to the owners of the patent are:- the making, using, offering for sale, selling and importing a patented product, or a
product obtained directly or indirectly from a patented process or the use of a
patented process;
93
- to assign or transfer by succession the patent and to conclude licensing contracts for
the same.94
Exceptions to these exclusive rights are:
- where the exploitation of the patent is done privately and on a non-commercial scale
or for a non-commercial purpose;95
                                                     
88 Rep. Act 8293, Sec. 119 and Sec. 71(a)
89 Rep. Act 8293, Sec.118.
90 Rep. Act 8293, Sec. 24.
91 Rep. Act 8293, Sec. 26.
92 Rep. Act 8293, Sec. 27.
93 Rep. Act 8293, Sec. 71.1(a) & (b).
94 Rep. Act 8293, Sec. 71.2.IP/C/W/272/Add.2
Page 17
- where the act of making or using the patent is for the sole purpose of scientific
research and experiment;96
- where the patented product was put on the market  in the Philippines  by the owner of
the patent or with his authorization;97
- where the act consists of the preparation for individual cases, in a pharmacy or by
medical professional, of a medicine in accordance with a medical prescription;98
- where the use of the patented product occurs in vehicles in transit in the country.99
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Philippine law lists, "anything which is contrary to public order or morality" under Non-
patentable Inventions.100
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
The Philippine law lists as non-patentable inventions : methods of treatment of the human or
animal body by surgery or therapy and diagnosti c methods practiced on the human or animal body
except products and compositions for use in any of these methods101.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
 Philippine law lists as non-patentable inventions: plant varieties or animal breeds or
essentially biological processes for the production of plants and animals. This provision of law does
not apply to microorganisms and non-bi ological and microbiological processes.102
28. Please describe how micro-organisms, non-essentially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the
relevant sections of your legislation.
Microorganisms, essentially non-biological processes and microbiological processes are
protected by patents under Philippine law.103
Applications relating to microorganisms are su bject to the special provisions set out in
Rules 408 and 409. If an invention concerns a microbiological process or the product thereof andinvolves or relates to the use of a microorganism or other biological material which is not available to
                                                                                                                                                                    
95 Rep. Act 8293, Sec. 72.2.
96 Rep. Act 8293, Sec. 72.3.
97 Rep. Act 8293, Sec. 72.1.
98 Rep. Act 8293, Sec. 72.4.
99 Rep. Act 8293, Sec. 72.5.
100 Rep. Act 8293, Sec. 22.6.
101 Rep. Act 8293, Sec. 22.3; Rules and Regulations on Inventions, Rule 202 (c ).
102 Rep. Act 8293, Sec. 22.4; Rules and Regulations on Inventions, Rule 202 (c ).
103 Rep. Act 8293, Sec. 22.4.IP/C/W/272/Add.2
Page 18
the public and which cannot be described in the patent application in such a manner to enable the
invention to be carried out by a person skilled in the art, then the disclosure is not considered to have
satisfied the requirements of sufficiency unless the requirements have been met, such as:
• a culture of the biological material must have been deposited with an international
depository institution recognized by the IPO;
• the depository institution and the file number of the culture deposit are stated in the
application;
• the deposited culture is made available upon request to any person from the date of
publication of the application.
If the biological material is not available to the public and if it could not be described in the
application in such a manner as to enable the invention to be carried out by a person skilled in the art,the applicant must give the relevant information concerning the classification of the biological
material and significant differences from known biological material. The applicant must indicate
every specific morphological and physiological charac teristic for recognition and propagation of the
microorganism or other biological material  and the proposed taxonomic classification.
Identical bills (House Bill No. 10654 and Senate Bill No. 1912) which aim to provide
sui generis  protection to plant varieties, taking into consideration our TRIPS obligations, are in
advanced discussion in Congress.
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
Under Section 71 of the IP Code, the exclusive rights conferred to the owners of the patent
are:
- the making, using, offering for sale, selling and importing a patented product, or a
product obtained directly or indirectly from a patented process or the use of apatented process.
104
- to assign or transfer by succession the patent and to conclude licensing contracts for
same.105
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
Pharmaceutical and agricultural chemical products as well as all other products not listed in
the provision listing the non-patentable inventions may be patentable under Philippine law provided
they meet the requirements of patentability.
The Philippine legal reference for this is Section 22 of Rep. Act 8293 listing the non-
patentable inventions. Section 22.3 by exclusion renders pharmaceutical products as patentable.
Pharmaceutical substances are considered as products and are patentable. A pharmaceutical
substance with an improvement introduced thereon becomes a new patentable product. A new
application of a known substance is patentable if it claims any of the following improvements:
                                                     
104 Rep. Act 8293, Sec. 71.1(a) & (b).
105 Rep. Act 8293, Sec. 71.2IP/C/W/272/Add.2
Page 19
• a first medical use of the known substance or composition provided it was not
previously disclosed for use in surgery, therapy or diagnostic methods practiced in thehuman or animal body;
• a composition containing the known compound for second medical use provided the
requirements for novelty and inventive step are met;
• synergistic composition wherein one or both of the components are known and the
use of each of them in therapy has been described, provided that the use of both
compounds, either simultaneously, separately or sequentially, gives a new andunexpected therapeutical result;
• the known compound for use in therapy provided the compound was not disclosed as
having in itself, a therapeutic effect but known as a component in a medicinal
composition only in combination with one or more active compounds to treat another
disease;
• use of the known substance as a medicament provided a first medical use is disclosed;
• use of the known substance for the manufacture of a medicament for curing disease.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
The law provides that, if the subject matter of a patent is a process for obtaining a product,
any identical product shall be presumed to have been  obtained through the use of the patented process
if the product is new or there is substantial likelihood that the identical product was made by the
process and the owner of the patent has been unable despite reasonable efforts, to determine the
process actually used.
106
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,please point out the relevant legislations and describe the additional conditions in detail.
Philippine law provides that "where the application concerns a microbiological process or the
product thereof and involves the use of a micro-organism which cannot be sufficiently disclosed in the
application in such a way as to enable the invention to be carried out by a person skilled in the art, andsuch material is not available to the public, the application shall be supplemented by a deposit of such
material with an international depository institution."
107
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Our law provides exceptions to the exclusive rights conferred by a patent.  Exceptions to these
exclusive rights are:
• where the exploitation of the patent is d one privately and on a non-commercial scale
or for a non-commercial purpose;108
• where the act of making or using the patent is for the sole purpose of scientific
research and experiment;109
                                                     
106 Rep. Act 8293, Sec. 78.
107 Rep. Act 8293, Sec. 35.
108 Rep. Act 8293, Sec. 72.2.
109 Rep. Act 8293, Sec. 72.3.IP/C/W/272/Add.2
Page 20
• where the patented product was put on the market in the Philippines  by the owner of
the patent or with his authorization;110
• where the act consists of the preparation for individual cases, in a pharmacy or by
medical professional, of a medicine in accordance with a medical prescription;111 and
• where the use of the patented product occurs in vehicles in transit in the country.112
34. Please explain whether or not your legislation provides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular,
please explain how your national le gislation considers individual merits in the authorization of such
use.
The Intellectual Property Code provides for a whole chapter enumerating the details and
conditions under which a compulsory license may be granted.
1. Valid grounds must exist—
Compulsory licensing may be granted under any of the following circumstances:
a. National emergency or other circumstances of extreme urgency;
b. Where the public interest, in particular, national security, nutrition, health or the
development of other vital sectors of the national economy as determined by the
appropriate agency of the Government, so requires;  or
c. Where a judicial or administrative body has determined that the manner of
exploitation by the owner of the patent or his licensee is anti-competitive;  or
d. In case of public non-commercial use of the patent by the patentee, without
satisfactory reason;
e. If the patented invention is not being worked in the Philippines on a commercial
scale, although capable of being worked, without satisfactory reason: Provided, That
the importation of the patented article shall constitute working or using the patent.113
2. Petitioner must make efforts to obtain authorization from patent owner:
The licence will only be granted after the petitioner has made efforts to obtain authorization
from the patent owner on reasonable commercial terms and conditions but such efforts have
not been successful within a reasonable period of time.114
3. There must be public non-commercial use in case of semi-conductor technology:
In the case of compulsory licensing of patents involving semi-conductor technology, the
license may only be granted in case of public non-commercial use or to remedy a practice
determined after judicial or administrative process to be anti-competitive.
                                                     
110 Rep. Act 8293, Sec. 72.1.
111 Rep. Act 8293, Sec. 72.4.
112 Rep. Act 8293, Sec. 72.5.
113 Rep. Act No. 8293 (1998), Sec. 93.
114 Rep. Act No. 8293 (1998), Sec. 95.IP/C/W/272/Add.2
Page 21
4. Petition must be in writing, verified and fee paid—
The petition for compulsory licensing must be in writing, verified by the petitioner and
accompanied by payment of the required filing fee. It shall contain the name and address of
the petitioner as well as those of the respondents, the number and date of issue of the patent in
connection with which compulsory license is sought, the name of the patentee, the title of theinvention, the statutory grounds upon which compulsory license is sought, the ultimate facts
constituting the petitioner's cause of action, and the relief prayed for. 
115
5. License must comply further with other statutory conditions:
If the petition is approved by the Director of Legal Affairs, the following conditions
shall be further imposed:
a. The scope and duration of such license shall be limited to the purpose for which it
was authorized;
b. The license shall be non-exclusive;
c. The license shall be non-assignable, except with that part of the enterprise or
business with which the invention is being exploited;
d. Use of the subject matter of the license shall be devoted predominantly for the
supply of the Philippine market: Provided, That this limitation shall not apply where
the grant of the license is based on the ground that the patentee's manner of
exploiting the patent is determined by judicial or administrative process, to be anti-competitive.
e. The license may be terminated upon proper showing that circumstances which led to its
grant have ceased to exist and are unlikely to recur: Provided, That adequate protection
shall be afforded to the legitimate interest of the licensee;  and
The patentee shall be paid adequate remuneration taking into account the economic value of
the grant or authorization, except that in cases where the license was granted to remedy a practice,
which was determined after judicial or administra tive process, to be anti-competitive, the need to
correct the anti-competitive practice may be taken into account in fixing the amount of
remuneration.
116
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time. In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominantly for the supply to the domestic market of the
Member authorizing such use.
The proposed user must include in his petition the statutory grounds on which compulsory
license is sought and the ultimate facts that constitute his causes of action.117 This requirement
imposes upon the petitioner to first exhaust efforts to obtain the authorization of the patent owner
prior to filing the petition.118  Otherwise, the patentee in his answer may plead as affirmative defences
                                                     
115 Rep. Act No. 8293 (1998), Sec. 98.
116 Rep. Act No. 8293 (1998), Sec. 100.
117 Rep. Act 8293, Sec. 98.
118 Rep. Act 8293, Sec. 95.1.IP/C/W/272/Add.2
Page 22
the lack of cause of action and/or failure to comply with a condition precedent as the bases for the
denial of the petition.119
"Reasonable period of time" has been defined in Philippine jurisprudence as "so much time as
is necessary under the circumstances for a reasonable, prudent and diligent man to do".120
The determination of what is reasonable depends upon the particular conditions of each case,
and if the question of reasonableness arises, the same will have to be determined by the Director
taking into consideration the evidence and arguments of both parties.
The licensee shall devote the use the subject matter of the license for the supply of the
Philippine market121 and this limitation is ensured by giving the patentee/licensor the right to request
for the cancellation of the compulsory license wh en: (a) the ground for the grant of the compulsory
license no longer exists and is unlikely to occur; (b) the licensee has neither begun to supply the
domestic market nor made serious preparation therefore; and (c) if the licensee has not complied with
the prescribed terms of the license122. The patentee may also request the Director of Legal Affairs to
amend the decision granting the compulsory licence , upon proper showing of facts or circumstances
justifying such amendment.123
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
There is no provision for the extension of patent protection after the 20-year period of patent
protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
As long as an application is pending, amendments may be made provided no new matter is
included and all the requirements for patentability are met.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
The IP Code provides: "If the subject matter of a patent is a process for obtaining a product,
any identical product shall be presumed to have been obtained through the use of the patented process
if the product is new or there is substantial likelihood that the identical product was made by the
process and the owner of the patent has been unable despite reasonable efforts, to determine the
process actually used.  In ordering the defendant to prove that the process to obtain the identicalproduct is different from the patented process, the court shall adopt measures to protect, as far as
practicable, his manufacturing and business secrets."
124
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
Note: The Bill for the Protection of Layout-Designs of Integrated Circuits has been approved by
Congress and is expected to be signed into law by the President shortly. All answers in this Section Gare based on the approved bill.
                                                     
119 Regulations on Inter-Partes Proceedings, Sec.9; Revised Rules of Civil Procedure, Rule 16, Sec. 1(g) & (h).
120 Philgreen Trading Corporation v. Court of Appeals, 271 SCRA 719 (1997).
121 Rep. Act 8293, Sec. 100.4.
122 Rep. Act 8293, Sec. 101.2.
123 Rep. Act 8293, Sec. 101.1.
124 Rep. Act 8293 (1998), Sec.78.IP/C/W/272/Add.2
Page 23
39. Please describe how your legislation protects Topographies.
A layout-design of integrated circuits to be registrable must be original. A layout-design shall
be considered original if it is the result of the creator’s own intellectual effort and is not commonplace
among creators of layout-designs and manufacturers of integrated circuits at the time of its creation. Alayout-design consisting of a combination of elements and interconnections that are commonplace
shall be protected only if the combination, taken as a whole, is original.
The said Bill also provides that registration of layout-design of integrated circuits shall be
valid for a period of ten (10) years, without renewal, and such validity to be counted from the date of
commencement of the protection accorded to the layout-design. The protection of a layout-design
shall commence:
(a) on the date of the first commercial exploitation, anywhere in the world, of the layout-
design by or, with the consent of the right holder provided that an application for
registration is filed with the Office within two (2) years from such date of commercial
exploitation, or
(b) on the filing date accorded to the applications for registration of the layout-design if
the layout-design has not been previously exploited commercially anywhere in the
world.
40. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
The provisions on infringement of patents apply to infringement of layout-designs.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit that
it contains an unlawful topography.
The owner of a layout design has no right  to prevent third parties from reproducing, selling or
otherwise distributing for commercial purposes the registered layout-design where the person
performing or ordering such an act did not know and had no reasonable ground to know when
acquiring the integrated circuit or the article in corporating such an integrated circuit, that it
incorporated an unlawfully reproduced layout design : provided however, that after the time that such
person has received sufficient notice that the layout-design was unlawfully reproduced, that person
may perform any  of the said acts only with resp ect to the stock on hand or ordered before such time
and shall be liable to pay to the right holder a sum equivalent to at least 5% of net sales or such other
reasonable royalty as would be payable under a freely negotiated license in respect of such layout-
design.
42. Please state the term of protection granted by your legislation to topographies.
Registration of layout-design of integrated circuits shall be valid for a period of ten (10) years,
without renewal, and such validity to be counted from the date of commencement of the protectionaccorded to the layout-design.  The protection of a layout-design shall commence:
(a) on the date of the first commercial exploitation, anywhere in the world, of the layout-
design by or, with the consent of the right holder provided that an application forIP/C/W/272/Add.2
Page 24
registration is filed with the Office within two (2) years from such date of commercial
exploitation, or
(b) on the filing date accorded to the applications for registration of the layout-design if
the layout-design has not been previously exploited commercially anywhere in the
world.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
The term intellectual property rights, includes the protection of undisclosed information.125
The laws of the Philippines 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.126
The protection of valid trade secret subsists even after the termination or expiration of a
technology transfer arrangement is recognized.127
Undisclosed information is protected for as long as it remains so.
Also, information on fuels and fuel additives re gistered with the Department of Energy, which
are considered trade secrets shall be covered by a non-disclosure and confidentiality agreementbetween the company and the Department of Energy for a period of fifteen (15) years.
128
44. Please explain how your legislation defines undisclosed information.
Undisclosed information shall mean information which:
a. is secret in the sense that it is not, as a body or in the precise configuration and
assembly of its components, generally known among, or readily accessible to persons
within the circles that normally deal with the kind of information in question; and
b. has commercial value because it is secret; and
c. has been subject to reasonable steps under the circumstances to keep it secret, by the
person lawfully in control of the information.129
45. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
Private documents required by law to be entered as public records, kept in the Philippines, are
considered public documents. The written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign
country and documents acknowledged before a notary public except last wills and testaments are also
                                                     
125 Rep. Act No. 8293 (1998), Sec. 4.1.
126 Constitution, Art. XIV, Sec. 13. ; Rep. Act No. 8293 (1998), Sec.2.
127 Rules and Regulations on Voluntary Licensing, Rule 11.
128 DENR AO No. 81-00 {Implementing Rules and Regulations of RA No. 8749 (Philippine Clean Air Act of
1999)}.
129 Rules and Regulations on Voluntary Licensing, Rule 1 (o).IP/C/W/272/Add.2
Page 25
considered as public documents.130  However, certain provisions of laws expressly provide for
confidentiality of documents submitted to government agencies.
In the case of patent,  a patent application which has not yet been published, and all related
documents, shall not be made available for inspection without the consent of the applicant.131
Employees of the Bureau of Internal Revenue are prohibited from revealing trade secrets of
persons who transact with their office. An employee or officer may not divulge to any person the
secrets, style of work, or apparatus of any manufacturer, or confidential information regarding the
business of any taxpayer, knowledge of which was acquired by him in the discharge of his official
duties. If found guilty, the employee or officer may be required to pay a fine of not less than fifty
thousand pesos (P50,000.00) but not more than one hundred thousand pesos (P100,000.00), or suffer
imprisonment of not less than two (2) years but not more than five (5) years or both.132
The law may exempt certain types of information from public scrutiny.133  The trade secrets
and confidential, commercial and financial information of the applicant and matters affecting national
security are excluded from the privilege.134 A public officer cannot be examined during his term of
office or afterwards, as to communications made to him in official confidence, when the court findsthat the public interest would suffer by the disclosure.
135
Moreover, the laws of the Philippines have recognized the need to protect confidential
information and have provided stiff penalties to anyone who shall unlawfully disclose and misuse
such confidential information.
Under the Code of Conduct and Ethical Standards for Public Officials and Employees, public
officials and employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public.136  Public officials and
employees violating this provision shall be punishable with (a) fine not exceeding six (6) months
salary or suspension not exceeding one (1) year or removal depending on the gravity of the offence; or
(b) imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos(P5,000.00) or both, and in the discretion of the court of competent jurisdiction, disqualification to
hold public office.  Any violation hereof proven  in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of public official or employee, even if no criminal
prosecution is instituted against him.
137
It shall also be unlawful for a public officer to divulge valuable information of a confidential
character, acquired by his office or by him on accoun t of his official position to unauthorized persons,
or releasing such information in advance of its authorized release date.  The person urging thedivulging or untimely release of the confidential in formation shall, together with the offending public
officer, be punished and shall be permanently or temporarily disqualified, in the discretion of the
court, from transacting business in any form with the government.
138  Any public officer or private
person committing any of these unlawful acts or om ission shall be punished with imprisonment for
not less than six (6) years and one (1) month nor more than fifteen (15) years, perpetualdisqualification from public office.
139
                                                     
130 Revised Rules of Court, Rule 132, Sec. 19.
131 Rep. Act 8293, Section 45
132 Rep. Act No. 8424, Sec. 270
133 Legaspi v. CSC, 150 S.C.R.A. 530 (1987).
134 Garcia v. Board of Investments, 177 S.C.R.A. 374 (1989).
135 Revised Rules of Court, Rule 130, Sec. 24 (e).
136 Rep. Act No. 6713 (1989), Sec. 7 ( c ).
137 Rep. Act No. 6713 (1989), Section 11.
138 Rep. Act No. 3019 (1960) Anti-Graft and Corrupt Practices Act, Sec. 3(k).
139 Rep. Act No. 3019 (1960) Anti-Graft and Corrupt Practices Act, Sec. 9.IP/C/W/272/Add.2
Page 26
Any public officer who shall reveal any secret known to him by reason of his official
capacity, or shall wrongfully deliver papers or copies of papers of which he may charge and which
should not be published, shall be liable for imprisonment or ordered to pay a fine between 500 to 2000
pesos.140  Any public officer to whom the secrets of any private individual shall become known by
reason of his office who shall reveal such secrets, shall also be liable for imprisonment and a fine notexceeding 1,000 pesos.
141
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Philippine legislation provides civil, criminal and administrative remedies for effective action
against infringement of intellectual property rights.
(a) Civil action
In cases of patent infringement, the patentee or anyone possessing any right, title or interest in
and to the patented invention, may bring a civil action before a court of competent jurisdiction, to
recover from the infringer such damages sustained thereby, plus attorney’s fees and other expenses oflitigation, and to secure an injunction for the protection of his rights.  The court may, at its discretion,
also order that the infringing goods, materials and implements predominantly used in the infringement
be disposed of outside the channels of trade or destroyed without compensation.
142
In trademark infringement cases, the owner of a registered mark may recover damages from
any person who infringes his rights.  Such damages may be doubled by the court in cases where actualintent to mislead the public or to defraud the complainant is shown. Upon proper showing, the court
may also grant injunction to the trademark owner and  may order that infringing material be disposed
of outside the channels of commerce or destroyed without compensation.  On application of the
complainant, the court may impound during the pendency of the action sales invoices and other
documents evidencing sales.
143
In copyright infringement cases, the copyright owner may file a civil action before a court of
competent jurisdiction and any person found guilty thereof shall be liable to (a) an injunction
restraining such infringement, (b) pay to the copyri ght proprietor or his assigns or heirs such actual
damages, including legal costs and other expenses as he may have incurred due to the infringement as
well as the profits the infringer may have made due to such infringement, (c) deliver for impounding,
during the pendency of the action, sales invoices and other documents evidencing sales, all articles
and their packaging alleged to infringe a copyright and implements in making them, and (d) deliverfor destruction, without any compensation, all infringing copies or devices, as well as all plates,
moulds or other means for making such infringing copies as the court may order.  In a copyright
infringement action, the court also has the power to order the seizure and impounding of any article
that may serve as evidence in the court proceedings.
144
Decisions of the Regional Trial Court in civil cases for infringement are appealable to the
Court of Appeals and the Supreme Court.145
(b) Criminal action
                                                     
140 Revised Penal Code {Act No. 3815 (1930)}, Art. 229.
141 Revised Penal Code {Act No. 3815 (1930)}, Art. 230.
142 Rep. Act No.  8293 (1997), Secs. 76.2 and 76.5.
143 Rep. Act No.8293 (1997), Secs. 156.1, 156.2, 156.3 and 156.4.
144 Rep. Act No. 8293 (1997), Secs. 216.1 and 216.2.
145 Revised Rules of Court, Rules 41 and 56.IP/C/W/272/Add.2
Page 27
In patent infringement cases, if infringement is repeated by the infringer or any person in
connivance with the infringer after finality of the judgment of the court against the infringer, the
offenders shall, without prejudice to the institution of a civil action for damages, be criminally liable
therefor and upon conviction shall suffer imprisonment for the period of not less than six (6) months
but not more than three (3) years and/or a fine of not less than one hundred thousand pesos(P100,000.00) but not more than three hundred thousand pesos (P300,000.00), at the discretion of the
court.  The criminal action prescribes in three (3) years from the commission of the crime.
146
In cases of trademark infringement, a criminal penalty of imprisonment from two (2) years to
five (5) years and a fine ranging from fift y thousand pesos (P50,000.00) to two hundred thousand
pesos (P200,000.00) shall be imposed on any person who is found guilty of trademark infringement,
unfair competition and false designation of origin.147
In copyright infringement cases, the copyright infringer or anyone aiding or abetting such
infringer 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 (P50,000.00) to one hundred fifty thousand pesos
(P50,000.00) for the first offence; (b) Imprisonment of three (3) years and one (1) day to six (6) years
plus a fine ranging from one hundred fifty thousand pesos (P150,000.00) to five hundred thousand
pesos (P500,000.00) for the second offence; (c) Imprisonment of six (6) years and one (1) day to nine(9) years plus a fine ranging from five hundred thousand (P500,000.00) to one million five hundred
thousand pesos (P1,500,000.00) for the third and subsequent offences; and (d) In all cases, subsidiary
imprisonment in case of insolvency.
148
Decisions of the Regional Trial Court in criminal cases for infringement are appealable to the
Court of Appeals and the Supreme Court.149
(c) Administrative action
Administrative cases involving intellectual property rights violation may be filed with the
following administrative agencies:
A. The Intellectual Property Office (IPO), through the Bureau of Legal Affairs (BLA), exercises
original jurisdiction in administrative complaints fo r intellectual property violation where the total
damages claimed are not less than two hundre d thousand pesos (P200.000.00). Attachment and
preliminary injunction and/or temporary restraining order may be granted during the proceedings.
The Director of Legal Affairs shall have the power to punish for contempt all those who disregard
orders or writs issued in the course of the proceedings.150
After formal investigation, the Director of Legal Affairs may impose one or more of the
following administrative penalties: (i) the issuance of a cease and desist order specifying the acts that
the respondent shall cease and desist from; (ii) the acceptance of a voluntary assurance of complianceor discontinuance as may be imposed; (iii) the condemnation or seizure of products which are subject
of the offence; (iv) the forfeiture of paraphernalia and all real and personal properties which have been
used in the commission of the offence; (v) the imposition of administrative fines in such amount
deemed reasonable by the Director of Legal Affairs, which shall in no case be less than five thousand
pesos (P5,000.00) nor more than one hundred fifty thousand pesos (P150,000.00) plus an additionalfine of one thousand pesos (P1,000.00) per day of cont inuing violation; (vi) the cancellation of any
permit, license, authority or registration which is being secured by the respondent from the office;
(vii) the withholding of any permit, license, authority, or registration which is being secured by the
                                                     
146 Rep. Act No. 8293 (1997), Sec. 84.
147 Rep. Act No. 8293 (1997), Sec. 170.
148 Rep. Act No. 8293 (1997), Sec. 217.1.
149 Revised Rules of Court, Rules 124 and 125.
150 Rep. Act No. 8293 (1997) , Sec. 10.2[a].IP/C/W/272/Add.2
Page 28
respondent from the office; (viii) the assessment of damages; (ix) censure; and (x) other analogous
penalties or sanctions.151
Decisions of the Director of the BLA in administrative cases involving intellectual property
violation are appealable to the IPO Director General.152  Decisions of the IPO Director General are
appealable to the Court of Appeals and finally to the Supreme Court.153
B. The Department of Trade and Industry (DTI) which has original jurisdiction over complaints
involving violations of intellectual property rights, irrespective of the total amount of damages
claimed or if no such damages are claimed.  The DTI Secretary has the power to punish direct and
indirect contempt and to issue subpoena duces tecum and subpoena ad testificandum.154
After formal investigation, the DTI Secretary may impose one (1) or more of the following
administrative penalties: (i) the issuance of a cease and desist order specifying the acts that the
respondent shall cease and desist from; (ii) the acceptance of a voluntary assurance of compliance ordiscontinuance as may be imposed; (iii) the condemnation or seizure of products which are subject of
the offence; (iv) the forfeiture of paraphernalia and all real and personal properties which have been
used in the commission of the offence; (v) the imposition of administrative fines in such amount
deemed reasonable by the Director of Legal Affairs, which shall in no case be less than five thousand
pesos (P5,000.00) nor more than one hundred fifty thousand pesos (P150,000.00) plus an additionalfine of one thousand pesos (P1,000.00) per day of cont inuing violation; (vi) the cancellation of any
permit, license, authority or registration which is being secured by the respondent from the office;
(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.
155
Decisions of the Secretary of the DTI are appealable to the Office of the President.156
C. The Videogram Regulatory Board VRB) whic h has jurisdiction over violations of laws
involving videograms, including those involving copyright violation.157
Any person found guilty of copyright violation shall be imposed the following administrative
penalties:  (i) closure, revocation of commercial li cense and/or commercial permit and confiscation of
videograms involved in the violations; and (ii) a fine of not less than six thousand pesos (P6,000.00)
but not more than one hundred thousand pesos (P100,000.00).158
Decisions of the VRB are appealable to the Office of the President.159
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
Philippine laws provide for appeals to judicial bodies of final administrative decisions.
Decisions of the Director of Legal Affairs of the IP Office for intellectual property violations where
the total damages claimed are not less than two hundred thousand pesos and for Petitions for
Cancellation of a Mark, Patent, Utility Model, Industrial Design, Opposition to Registration of a
                                                     
151 Rep. Act No.  8293 (1997), Sec. 10.2[b].
152 Rep. Act No. 8293 (1997), Sec. 7[b].
153 Rules of Court, Rules 42 and 45.
154 Executive Order 913 [1983] Article III, Secs. 4 & 5; Department Administrative Order 01 [2000].
155 Executive Order 913, Sec. 6.
156 Executive Order 913, Sec. 13.
157 Pres. Decree 1987, Chapter IX, Sec. 21A[2].
158 Pres. Decree 1987, Secs. 21A[1] and 21B[1].
159 Memorandum Circular No. 98-00, Rule IX, Sec. 1.IP/C/W/272/Add.2
Page 29
Mark, and Compulsory Licensing are appealable to the IPO Director General. 160 Decisions of the IPO
Director General are appealable to the Court of Appeals and finally to the Supreme Court. 161
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
Judicial authorities may order the issuance of subpoena ad testificandum requiring the other
party to appear and testify in court, and/or of subpoena duces tecum  requiring the other party to
produce and submit documentary evidence which lies within his control. The court, however, may not
so order where the evidence is incriminatory, confidential, privileged, immaterial or irrelevant.162
The court may order the issuance of a subpoena at the request of a party that the testimony of
the other party be taken by deposition upon oral examination or written interrogatories.163 The
deponent may be examined regarding any matter that is  relevant to the action, including the existence,
nature or location of any documents and identity of persons having knowledge of relevant facts.164
The court may also issue an order for the production or inspection of documents or things
upon motion of any party. The order may require the other party to produce and permit the inspection
and copying of any designated documents or papers in his possession that are not privileged and
which are material to the action.165
Confidential information introduced as evidence in the proceedings become part of the
records of the case and may be accessed by the public. Judicial authorities, however, may prevent
disinterested parties from prying into court records if the purpose is merely to satisfy curiosity.166
49. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
(a) Preliminary attachment
At the commencement of the action or at any time before the entry of judgment, a plaintiff or
any proper party may have the property of the adverse party attached as security for the satisfaction of
any judgment that may be recovered.167
The only requisites for the issuance of the writ of preliminary attachment are the affidavit and
bond of the applicant. No notice to the adverse party or hearing of the application is required as the
time which the hearing would entail could be enough to enable the defendant to abscond or dispose of
his property before the writ of preliminary attachment is issued.168
(b) Preliminary injunction / Temporary restraining order
This is an order granted at any stage of the action or proceeding prior to the judgment or final
order, requiring a party or a court, agency or person to refrain from a particular act or acts. It may also
                                                     
160 Rep. Act No. 8293 (1997), Sec. 7 [b].
161 Rules of Court, Rules 42 and 45.
162 Revised Rules of Civil Procedure (1997), Rule 21, Sec. 1; Rule 23, Sec. 2.
163 Revised Rules of Civil Procedure (1997), Rule 23, Sec. 1.
164 Revised Rules of Civil Procedure (1997), Rule 23, Sec. 2.
165 Revised Rules of Civil Procedure (1997), Rule 27, Sec. 1.
166 Rules of Court, Rule 132, Sec. 19, 20 (a); Rule 135 (2).
167 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 1.
168 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 3.IP/C/W/272/Add.2
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require the performance of a particular act or acts, in which case, it is called a preliminary mandatory
injunction.169
Any aggrieved party may apply for preliminary injunction by filing a verified complaint with
the proper court showing the grounds relied upon and the filing of the required bond.170
The court may issue ex-parte a temporary restraining order to be effective for a period of
seventy two (72) hours from notice to the party or person sought to be enjoined on matters of extreme
urgency that may result in a grave injustice and irreparable damage to the applicant. Within that
period, the court must conduct a hearing to determine the propriety of the injunction. Ordinarily, a
preliminary injunction has a lifetime of twenty (20) days and cannot be issued in the absence of a
hearing. The twenty (20) days period is inclusiv e of the seventy-two (72) hours restraining order.
However, if issued by the Court of Appeals, the temporary restraining order shall be effective for
sixty (60) days from notice to the party sought to be enjoined. A restraining order issued by the
Supreme Court shall be effective until further orders.171
(c) Impounding and destruction
On the application of the complainant the court may impound during the pendency of the
action, sales invoices and other documents evidencing sales.172
Infringing goods are likewise subject to destruction without any compensation while the case
is pending.173
(d) Seizure and impounding
To ensure the preservation of evidence necessary for the prosecution of cases involving
intellectual property violation, the Supreme Cour t is considering the following proposed addition to
the Rules of Court:
"PROVISIONAL AND PREVENTIVE MEASURES IN
INFRINGEMENT ACTIONS
SECTION 1. Provisional And Preventive Measures.  - The court shall have the authority to
order prompt and effective provisional measures:
a. To prevent an infringement of any intellectual property right from occurring, and in
particular, to prevent the entry into the channels of commerce in their jurisdiction of goods, including
imported goods immediately after customs clearance;
b. To preserve relevant evidence in regard to the alleged infringement.
The order granting provisional and preventive measures shall include, but not limited to the
confiscation and impounding of infringing articles and instruments used in the infringement of
intellectual property rights.
SECTION 2. Application and Issuance of Order-  The court shall rule within 24 hours from
the filing of a verified Application and order provisional and preventive measures inaudita altera
                                                     
169 Revised Rules of Civil Procedure (1997),Rule 58, Sec. 1.
170 Revised Rules of Civil Procedure (1997), Rule 58, Sec. 3.
171 Revised Rules of Civil Procedure (1997), Rule 58, Sec. 5.
172 Rep. Act No. 8293 (1997), Secs. 156.2.
173 Rep. Act No. 8293 (1997), Sec. 216.1 (d).IP/C/W/272/Add.2
Page 31
parte where appropriate, in particular, where any delay is likely to cause irreparable damage to the
right holder or where there is demonstrable risk of evidence being destroyed.
SECTION 3.  Affidavit and Bond Required .- The applicant and/or his witness or witnesses
must show and provide in  his affidavit any reasonably available evidence in order to satisfy asufficient degree of certainty that the applicant is the right holder and that the applicant’s right is
being infringed or that such infringement is immine nt.  The applicant shall be required to supply the
court with other information necessary for the identification of the goods concerned by the sheriff or
other government authority that will execute the order.
The applicant shall likewise post a cash bond which may also be in the form of a cashier’s or
manager’s check, the amount of which shall be determined by the court, conditioned that the latterwill pay all the costs which may be adjudged to the adverse party and all damages which he may
sustain by reason of the order, if the court shall finally adjudge that the applicant is not entitled
thereto.
A pauper applicant, however, may post a surety bond instead of a cash bond.SECTION 4.  Order Issued Inaudita Altera Parte. - Where the order is issued inaudita altera
parte , the parties affected shall be given  a copy of the Order simultaneously with the execution
thereof. The sheriff or other government authority  who executed the order shall within five (5) days
make a return thereon to the court from which the order was issued, and in cases where articles areconfiscated and impounded, to make a full statement of the proceedings undertaken and the complete
inventory of the articles confiscated and impounded.
A determination on whether the order shall be modified, revoked or confirmed may be heard
upon motion by the defendant.
SECTION 5. Revocation of the Order .- Without prejudice to the second paragraph of the
immediately preceding Section, the order shall, upon motion by the defendant, be revoked or
otherwise cease to  have effect and the article confiscated and impounded shall be immediately
returned if no case is filed in the appropriate court or with the competent authority within thirty-one
(31) calendar days  from the date of issuance of the  order.
SECTION 6. Recovery On the Bond . - Where the provisional and preventive measures are
revoked or where they lapsed due to any act or omission by the applicant, or where it is subsequently
found that there has been no infringement or threat of infringement of an intellectual property right,
the court upon motion of the defendant and after hearing, shall have the authority to order the
applicant to compensate the defendant, upon the bond filed by the applicant, for any injury or damagecaused by the issuance and execution of the order."
50. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury he suffered.
In patent infringement, the court may award damages not exceeding three (3) times the
amount of actual damages sustained.
174 If damages cannot be readily ascertained, the court may award
damages equivalent to reasonable royalty.175
In trademark infringement, the court may award damages equivalent to reasonable profit, or
the profit which defendant actually made out of the infringement. If damages cannot be readily
ascertained, the court may award damages equivalent to a percentage of the gross sales of the
                                                     
174Rep. Act No. 8293 (1997), Sec. 76.4.
175 Rep. Act No. 8293 (1997), Sec. 76.3.IP/C/W/272/Add.2
Page 32
defendant. Damages may be doubled if there is actual intent to mislead the public or defraud
complainant.176
In copyright infringement, the court may award actual damages sustained including profits
which the infringer may have made due to such infringement, or such damages as may be just underthe circumstances.
177
The court may also award attorney’s fees and other forms of damages such as moral, nominal,
temperate, liquidated and exemplary damages arising from the defendant’s wrongful acts.178
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
In cases involving infringement of copyright, the court may order the copyright infringer or
the defendant to pay to the copyright proprietor or his assigns or heirs such actual damages, including
legal costs and other expenses, as he may have incurred due to the infringement as well as the profits
the infringer may have made due to such infringe ment, and in proving profits the plaintiff shall be
required to prove sales only and the defendant shall be required to prove every element of cost which
he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to
be just and shall be regarded as penalty.179
In cases involving patent, the patentee may brin g a civil action to recover from the infringer
such damages sustained thereby, plus attorney's fees, other expenses of litigation and to secure an
injunction.180
In other cases, attorney's fees and expenses of litigation other than judicial costs can be
recovered, inter alia :
a. When exemplary damages are awarded
b. Where the defendant acted in gross and evident bad faith in refusing to
satisfy the plaintiff's valid, just and demandable claim
c. In a separate civil action to recover civil liability arising from a crime
d. In any other case when the court deems it just and equitable that attorney's
fees and expenses of litigation shall be recovered
In all cases, the attorney's fees and expenses of litigation must be reasonable. 181
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
In patent infringement, the court may, in its discretion, order that the infringing goods,
materials and implements predominantly used in the infringement be disposed of outside the channelsof commerce or destroyed, without compensation.
182
                                                     
176 Rep. Act No. 8293 (1997), Secs. 156.1& 156.3.
177 Rep. Act No. 8293 (1997), Sec. 216 (b).
178 Rep. Act No. 8293 (1997), Secs. 216 (e) & 76.2; Rep. Act No. 386 (1949), Arts. 2216-2235.
179 Rep. Act No. 8293 (1997), Sec. 216.1[b].
180 Rep. Act No. 8293 (1997), Sec. 76.2.
181 New Civil Code (1949),  Art. 2208.
182 Rep. Act No. 8293 (1997), Sec. 76.5.IP/C/W/272/Add.2
Page 33
In trademark infringement, the court may order that goods found to be infringing be, without
compensation of any sort, disposed of outside the ch annels of commerce in such a manner as to avoid
any harm caused to the right holder, or destroyed; and all labels, signs, prints, packages, wrappers,
receptacles and advertisements in the possession of the defendant, bearing the registered mark or trade
name or any reproduction, counterfeit, copy or colorable imitation thereof, all plates, moulds, matricesand other means of making the same, shall be delivered and destroyed.
183
In copyright infringement, the court may order the delivery under oath for destruction without
any compensation all infringing copies or devices, as well as all plates, moulds or other means for
making such infringing copies.184
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
In any civil action where the plaintiff has included a prayer for issuance of Temporary
Restraining Order and/or Writ of Preliminary Injunction, a defendant wrongfully enjoined or
restrained may recover damages from the applicant and/or the plaintiff  who will execute a bond to theeffect that he will pay defendant all damages the latter may sustain by reason of the injunction or
temporary restraining order if the court should finally decide that the applicant is not entitled
thereto.
185
54. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
Provisional measures under Article 50 of the TRIPS Agreement are implemented in
accordance with the following rules:
(a) Preliminary attachment
At the commencement of the action or at any time before the entry of judgment, a plaintiff or
any proper party may have the property of the adverse party attached as security for the satisfaction of
any judgment that may be recovered.186
The only requisites for the issuance of the writ of preliminary attachment are the affidavit and
bond of the applicant. No notice to the adverse party or hearing of the application is required as the
time which the hearing would entail could be enough to enable the defendant to abscond or dispose ofhis property before the writ of preliminary attachment is issued.
187
(b) Preliminary injunction / temporary restraining order
This is an order granted at any stage of the action or proceeding prior to the judgment or final
order, requiring a party or a court, agency or person to refrain from a particular act or acts. It may also
require the performance of a particular act or acts, in which case, it is called a preliminary mandatory
injunction.188
Any aggrieved party may apply for preliminary injunction by filing a verified complaint with
the proper court showing the grounds relied upon and the filing of the required bond.189
                                                     
183 Rep. Act No. 8293 (1997), Sec. 157.1.
184 Rep. Act No. 8293 (1997), Sec. 216.1 (d).
185 Revised Rules of Civil Procedure (1997), Rule 58, Sec. 4(b).
186 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 1.
187 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 3.
188 Revised Rules of Civil Procedure (1997),Rule 58, Sec. 1.
189 Revised Rules of Civil Procedure (1997), Rule 58, Sec. 3.IP/C/W/272/Add.2
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The court may issue ex-parte a temporary restraining order to be effective for a period of
seventy two (72) hours from notice to the party or person sought to be enjoined on matters of extreme
urgency that may result in a grave injustice and irreparable damage to the applicant. Within that
period, the court must conduct a hearing to determine the propriety of the injunction. Ordinarily, a
preliminary injunction has a lifetime of twenty (20) days and cannot be issued in the absence of ahearing. The twenty (20) days period is inclus ive of the seventy two (72) hours restraining order.
However, if issued by the Court of Appeals, the temporary restraining order shall be effective for
sixty (60) days from notice to the party sought to be enjoined. A restraining order issued by the
Supreme Court shall be effective until further orders.
190
Procedures common to the above remedies
Both preliminary attachment and preliminary injunction/temporary restraining order are
initiated by filing a verified petition with the proper court and posting of bond.191 The petitioner must
show facts entitling him to the relief demanded.
In both cases, the bond posted by the applicant serves as security for the adverse party and
answers for damages and costs, which may be adjudged to the adverse party arising from and byreason of the provisional remedy.
(c) Impounding and destruction
On the application of the complainant the court may impound during the pendency of the
action, sales invoices and other documents evidencing sales.192
Infringing goods are likewise subject to destruction without any compensation while the case
is pending.193
(d) Seizure and impounding
To ensure the preservation of evidence necessary for the prosecution of cases involving
intellectual property violation, the Supreme Cour t is considering the following proposed addition to
the Rules of Court:
"PROVISIONAL AND PREVENTIVE MEASURES IN
INFRINGEMENT ACTIONS
SECTION 1. Provisional And Preventive Measures.  - The court shall have the authority to
order prompt and effective provisional measures:
a. To prevent an infringement of any intellectual property right from occurring, and in
particular, to prevent the entry into the channels of commerce in their jurisdiction of goods, including
imported goods immediately after customs clearance;
b. To preserve relevant evidence in regard to the alleged infringement.
The order granting provisional and preventive measures shall include, but not limited to the
confiscation and impounding of infringing articles and instruments used in the infringement of
intellectual property rights.
                                                     
190 Revised Rules of Civil Procedure (1997), Rule 58, Sec. 5.
191 Revised Rules of Civil Procedure (1997), Rule 57, Sec. 1 & 3; Rule 58, Sec. 4.
192 Rep. Act No. 8293 (1997), Sec. 156.2.
193 Rep. Act No. 8293 (1997), Sec. 216.1 (d).IP/C/W/272/Add.2
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SECTION  2. Application and  Issuance of Order-  The court shall rule within 24 hours from
the filing of a verified Application and order provisional and preventive measures inaudita altera
parte where appropriate, in particular, where any delay is likely to cause irreparable damage to the
right holder or where there is demonstrable risk of evidence being destroyed.
SECTION 3.  Affidavit and Bond Required .- The applicant and/or his witness or witnesses
must show and provide in  his affidavit any reasonably available evidence in order to satisfy a
sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is
being infringed or that such infringement is immine nt.  The applicant shall  be required to supply the
court with other information necessary for the identification of the goods concerned by the sheriff or
other government authority that will execute the order.
The applicant shall likewise post a cash bond which may also be in the form of a cashier’s or
manager’s check, the amount of which shall be determined by the court, conditioned that the latter
will pay all the costs which may be adjudged to the adverse party and all damages which he may
sustain by reason of the order, if the court shall finally adjudge that the applicant is not entitledthereto.
A pauper applicant, however, may post a surety bond instead of a cash bond.SECTION 4.  Order Issued Inaudita Altera Parte. -  Where the order is issued inaudita altera
parte , the parties affected shall be given  a copy of the Order simultaneously with the execution
thereof. The sheriff or other government authority who executed the order shall within five (5) days
make a return thereon to the court from which the order was issued, and in cases where articles are
confiscated and impounded, to make a full statement of the proceedings undertaken and the complete
inventory of the articles confiscated and impounded.
 A determination on whether the order shall be modified, revoked or confirmed may be heard
upon motion by the defendant.
SECTION 5. Revocation of the Order .- Without prejudice to the second paragraph of the
immediately preceding Section, the order shall, upon motion by the defendant, be revoked or
otherwise cease to  have effect and the article confiscated and impounded shall be immediatelyreturned if no case is filed in the appropriate court or with the competent authority within thirty-one
(31) calendar days  from the date of issuance of the  order.
SECTION 6. Recovery On the Bond . - Where the provisional and preventive measures are
revoked or where they lapsed due to any act or omission by the applicant, or where it is subsequentlyfound that there has been no infringement or threat of infringement of an intellectual property right,
the court upon motion of the defendant and after hearing, shall have the authority to order the
applicant to compensate the defendant, upon the bond filed by the applicant, for any injury or damage
caused by the issuance and execution of the order."
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
The Bureau of Customs is the competent authority in border enforcement. The applicable  law
is the Tariff and Customs Code of the Philippines and Customs Administrative Order No. 7-93which was promulgated for the prevention of importation of infringing goods or products.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.IP/C/W/272/Add.2
Page 36
There is possibility to avail of injunction (Question No. 49) and the general powers of the
Bureau of Customs to issue alert orders for wrongful exportation.
57. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
The provisions of Philippine legislation auth orizing the competent authorities to order the
destruction or disposal of infringing goods, are as follows:
In a civil action for infringement, the court may, in its discretion, order that the infringing
goods, materials and implements predominantly used in the infringement be disposed of outside the
channels of commerce or destroyed, without compensation.194
In any action arising under this Act, in which a violation of any right of the owner of the
registered mark is established, the court may order that goods found to be infringing be, without
compensation of any sort, disposed of outside the ch annels of commerce in such a manner as to avoid
any harm caused to the right holder, or destroyed; and all labels, signs, prints, packages, wrappers,
receptacles and advertisements in the possession of the defendant, bearing the registered mark or tradename or any reproduction, counterfeit, copy or colorable imitation thereof, all plates, moulds, matrices
and other means of making the same, shall be delivered up and destroyed.
195
           Any person infringing a right protected under this law shall be liable to deliver under oath for
destruction without any compensation all infringing copies or devices, as well as all plates, moulds, orother means for making such infringing copies as the court may order.  In an infringement action, the
court shall also have the power to order the seizure and impounding of any article which may serve as
evidence in the court proceedings.
196
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
The importation of a copy of a work by an individual for his personal purposes shall be
permitted without the authorization of the author, or copyright owner, under the following
circumstances:
(a) When copies of the work are not available in the Philippines, and
(i) not more than one (1) copy is imported for strictly individual use only;
(ii) importation is by authority of and for the use of the Philippine government;
or
(iii) the importation, consisting of not more than three (3) such copies or
likenesses in any one invoice, is not for sale but for the use only of any
religious, charitable, or educations society or institution duly incorporated or
registered, or is for the encouragement of the fine arts or for any state school,
college, university, or free public library in the Philippines.
(b) When such copies form parts of libraries and personal baggage belonging to persons
or families arriving from foreign countries and are not intended for sale; provided that such
copies do not exceed three (3).197
                                                     
194 Rep. Act No. 8293 (1997), Sec. 76.5.
195 Rep. Act No. 8293 (1997),  Sec. 157.
196 Rep. Act No. 8293 (1997),  Sec. 216.2.
197 Rep. Act No. 8293 (1997),  Sec. 190.1.IP/C/W/272/Add.2
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59. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
The following provisions of Philippine law and regulation  were enacted to implement
Article 61 of the TRIPS Agreement:
I.  On the requirement that Members shall provide for criminal procedures to be applied at least
in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale, the following
are the relevant provisions:
(a) Criminal Actions and Penalties are available in the following violation of Intellectual Property
rights:
• Infringement of Patent, Utility Model and Industrial Design198
• Infringement of Copyright and Related Rights199
• Infringement of Trademarks, Service Marks and Geographical
Indications200
• Unfair Competition 201
• False Designation of Origin/False Description or Representation202
• Reproduction of cinematographic art 203
• Piracy 204
(b) Criminal provisions of Republic Act 8293 (Intellectual Property Code of the Philippines)
relative to the prosecution of Intellectual property violations and the corresponding penalties are as
follows:
(i) Under the Law on PatentsIf infringement is repeated by the infringer or by anyone in connivance with him after finality
of the judgment of the court against the infringer, the offenders shall, without prejudice to the
institution of a civil action for damages, be criminally liable therefore and, upon conviction,
shall suffer imprisonment for the period of not less than six (6) months but not more than
three (3) years and/or a fine of not less than One Hundred Thousand Pesos (P100,000.00) but
not more than Three Hundred Thousand Pesos (P300,000.00) at the discretion of the court.The criminal action herein provided shall pres cribed in three (3) years from date of the
commission of the crime. 
205
                                                     
198 Rep. Act No. 8293 (1997), Sec. 84, Sec. 108, Sec. 119.
199 Rep. Act No. 8293 (1997), Sec. 217.
200 Rep. Act No. 8293 (1997), Sec. 170.
201 Rep. Act No. 8293 (1997), Sec. 170.
202 Rep. Act No. 8293 (1997), Sec. 170.
203 Pres. Decree No. 1987, Secs. 7, 9.
204 Rep. Act  No. 8792 (2000), Sec. 33(b).
205 Rep. Act No. 8293 (1997), Sec. 84.IP/C/W/272/Add.2
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(ii) Under the Law on Trademarks, Service Marks and Tradenames
Independent of the civil and administrative sanctions imposed by law, a criminal penalty of
imprisonment from two (2) years to five (5) years and a fine ranging from Fifty ThousandPesos (P50,000.00) to Two Hundred Thousand Pesos (P200,000.00), shall be imposed on any
person who is found guilty of committing any of the acts mentioned in Section 155
(Infringement), Section 168 (Unfair Competition) and Subsection 169.1 (False Designation of
Origin, False Description or Representation)  
206
(iii) Under the Law on Copyright
Any person infringing any right secured by provisions of Part IV of this Act (The Law on
Copyright) or aiding or abetting such infringe ment shall be guilty of a crime punishable by:
• Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty
Thousand Pesos (P50,000.00) to One Hundred Fifty Thousand Pesos (P150,000.00)
for the first offence.
• Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging
from One Hundred Fifty Thousand Pesos (P150,000.00) to Five Hundred Thousand
Pesos (P500,000.00) for the second offence.
• Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging
from Five Hundred Thousand Pesos (P500,000.00) to One Million Five Hundred
Thousand Pesos (P1,500,000.00) for the third and subsequent offences.
In all cases, subsidiary imprisonment in cases of insolvency. 207
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. 208
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 in fringing 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 offence and shall be
liable on conviction to imprisonment and fine as above mentioned. 209
(iv) Under the Electronic Commerce Act (Rep. Act 8792)
The following acts shall be penalized by fine and/or imprisonment as follows:
a)   Hacking or cracking which refers to unauthorized access into or interference
in a computer system/server or information and communication system; or any access
                                                     
206 Rep. Act No. 8293 (1997), Sec. 170.
207 Rep. Act No. 8293 (1997), Sec. 217.1.
208 Rep. Act No. 8293 (1997), Sec. 217.2.
209 Rep. Act No. 8293 (1997), Sec. 217.3.IP/C/W/272/Add.2
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in order to corrupt, alter, steal, or destroy using a computer or other similar
information and communication devices, without the knowledge and consent of the
owner of the computer or information and communications system, including the
introduction of computer viruses and the like, resulting in the corruption, destruction,
alteration, theft or loss of electronic data messages or electronic documents shall bepunished by a maximum fine of One H undred Thousand Pesos (P100,000.00) and a
maximum commensurate to the damage incurred and a mandatory imprisonment of
six (6) months to three (3) years;
b) Piracy or the unauthorized copying, reproduction, dissemination, distribution,
importation, use, removal, alteration, substitution, modification, storage, uploading,
downloading, communication, making available to the public, or broadcasting ofprotected material, electronic signature or copyrighted works including legally
protected sound recordings or phonograms or information material on protected
works, through the use of telecommunication networks, such as, but not limited to,
the internet, in a manner that infringes intellectual property rights shall be punished
by a maximum fine of One Hundred Th ousand Pesos (P100,000.00) and a maximum
commensurate to the damage incurred and a mandatory of six (6) months to three (3)
years;
c)   Violation of  Consumer Act or Republic Act No. 7394 and other relevant or
pertinent laws through transactions covered by or using electronic data messages orelectronic documents, shall be penalized with the same penalties as provided in those
laws;
II.  On the remedies which include the seizure, forfeiture and destruction of infringing goods and
any materials and implements the predominant use of which has been the  commission of the offence,the following are the relevant provisions:
In any action arising under this Act, in which a violation of any right of the owner of the
registered mark is established, the court may order that:
• Infringing goods be destroyed without compensation of any sort, disposed of outside
the channels of commerce in such a manner as to avoid any harm to the right holder;
• All labels, signs, prints, packages, wrappers, receptacles and advertisements in the
possession of the infringer bearing the registered mark or trade name or any
production, counterfeit, copy or colorable imitation thereof, all plates, moulds,
matrices and other means of making the same, shall be delivered up and destroyed.
210
In regard to counterfeit goods, the simple removal of the trademark affixed shall not be
sufficient other in exceptional cases which shall be determined by the Regulations, to permit the
release into the channels of commerce.211
A search warrant may be issued for the search and seizure of the personal property:
a. subject of the offence;
b. stolen or embezzled and other proceeds or fruits of the offence;
c. used or intended to be used as the means of committing an offence.212
                                                     
210 Rep. Act No.  8293 (1997),  Sec. 157.
211 Rep. Act No. 8293 (1997), Sec. 157.2.
212 Revised Rules on Criminal Procedure, Rule 126, Sec. 3.IP/C/W/272/Add.2
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Goods seized by virtue of a search warrant are kept by the law enforcement agency that
implemented the search warrant.  Disposition of the seized goods shall be ordered by the court.  The
IP owner may agree to an inventory or pictures of the goods seized.
When the civil action is properly instituted in the criminal action, the offended party may
have the property of the accused attached as security for the satisfaction of any judgment that may be
recovered from the accused.76
III.  On the criminal procedures and penalties to be applied in other cases of infringement of
intellectual property rights, in particular where they are committed wilfully and on a commercial
scale, the following are the relevant provisions:
The Revised Rules on Criminal Procedure (Rules 110 to 127, Revised Rules of  Court), is the
law being followed in cases of violations of  penal provisions of law.
__________
                                                     
76 Revised Rules on Criminal Procedure, Rule 127, Sec. 2.