Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS.

First Regular Session

HOUSE BILL NO. 3 53 3

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

EXPLANATORY NOTE

The Phillipines has the Intellectual Property Code to protect intellectual
properties such as patents, trademarks, and copyrights. However, genetic resource
and traditional knowledge of indigenous cultural communities and indigenous peoples
remain to be inadequately protected.

Genetic resource and traditional knowledge are intelletual properties that
emanate from indigenous cultural communities and indigenous peoples that need to
be protected. Genetic resource pertains to any genetic material of a biological resource
containing genetic information having actual or potential value for humanity.
Traditional knowledge on the other hand pertains to any knowledge orginating form
a traditional community, individual, or group that resulted from intellectual activity
and insight in a traditional context and where such knowledge is passed from one
generation to another.

The proposed law herein seeks to formalize the inclusion of traditional
knowledge and genetic resources under the protection of the Intellectual Property
Code. In this manner, indigenous cultural communities and indigenous peoples will
have ample protection of their intellectual properties, which were developed over time
and now are being easily passed on because of the advancement of technology.

It should be stressed that the Constitution declares that: "7he State recognizes
and promotes the rights of indigenous cultural communities within the framework of
national unity and development.”

For the Filipino people, passage of the proposed law is earnestly being prayed.


Republic of the Philippines
HOUSE OF REPRESENTATIVES.

Quezon City
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3633

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

AN ACT PROTECTING TRADITIONAL KNOWLEDGE,
TRADITIONAL CULTURAL EXPRESSION, AND GENETIC
RESOURCES, FURTHER AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 8293, OTHERWISE KNOWN AS THE
“INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES”

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. This Act shall be known as the “Protection of Traditional Knowledge,
Traditional Cultural Expressions, and Genetic Resources Act.”

Section 2. Section 20 of Republic Act No. 8293, otherwise known as the
“Intellectual Property Code of the Philippines,” is hereby amended to read as follows:

“SECTION 20. Definition of Terms Used in Part II, The Law on Patents.
~ As used in Part II, the following terms shall have the following meanings:

“20.1. "Bureau" means the Bureau of Patents;

“20.2. "Director" means the Director of Patents;

“20.3. "Regulations" means the Rules of Practice in Patent Cases
formulated by the Director of Patents and promulgated by the Director General;

“20.4. "Examiner" means the patent examiner;

“20.5 “GENETIC RESOURCE” MEANS ANY GENETIC MATERIAL
OF A BIOLOGICAL RESOURCE CONTAINING GENETIC INFORMATION
HAVING ACTUAL OR POTENTIAL VALUE FOR HUMANITY AND
INCLUDES DERIVATIVES AND FAUNA AND FLORA OF TERRESTRIAL,
AQUATIC, AND ANY OTHER ORIGIN WHICH MAY BE USED BY THE
HOLDER TO OBTAIN SPECIFIC PRACTICAL OUTPUTS IN ANY FIELD
OF HUMAN ACTIVITY OR DERIVATIVE;

“[20-5] 20.6. "Patent application" or "application" means an application
for a patent for an invention except in Chapters XII and XIII, where application


means an application for a utility model and an industrial design, respectively;
and

“[28-6] 20.7. "Priority date" means the date of filing of the foreign
application for the same invention referred to in Section 31 of this Act; AND

“20.8 “TRADITIONAL KNOWLEDGE” MEANS ANY KNOWLEDGE,
NOT LIMITED TO A SPECIFIC SUBJECT AREA, TECHNICAL, OR
MEDICAL FIELD ASSOCIATED WITH GENETIC RESOURCES,
ORIGINATING FROM A TRADITIONAL COMMUNITY, INDIVIDUAL, OR
GROUP THAT IS THE RESULT OF INTELLECTUAL ACTIVITY AND
INSIGHT IN A TRADITIONAL CONTEXT AND WHERE THE
KNOWLEDGE IS EMBODIED IN THE TRADITIONAL LIFESTYLE OF A
TRADITIONAL COMMUNITY OR IS CODIFIED IN KNOWLEDGE
SYSTEMS AND PASSED ON FROM ONE GENERATION TO ANOTHER.”

Section 3. A new Section 31-A of the same Act is hereby inserted to read as
follows:

“SECTION 31-A. OWNERSHIP OF GENETIC RESOURCES AND
TRADITIONAL KNOWLEDGE. — 31-A.1. INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES HAVE THE RIGHT TO
CONTROL, DEVELOP, AND PROTECT THEIR TRADITIONAL
KNOWLEDEGE AND GENETIC RESOURCES.

“31-A.2. ACCESS TO GENETIC RESOURCES AND TO
TRADITIONAL KNOWLEDGE RELATED TO THE CONSERVATION,
UTILIZATION, AND ENHANCEMENT OF THESE RESOURCES SHALL BE
ALLOWED WITHIN ANCESTRAL LANDS AND DOMAINS OF THE
INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES
ONLY WITH THE FREE AND PRIOR INFORMED CONSENT OF SUCH
COMMUNITIES OBTAINED IN ACCORDANCE WITH THEIR
CUSTOMARY LAWS.”

Section 4. Section 35 of the same Act is hereby amended to read as follows:

“SECTION 35. Disclosure and Description of the Invention. — 35.1.
Disclosure. — The application shall disclose the invention in a manner sufficiently
clear and complete for it to be carried out by a person skilled in the art. 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, and such material is not available to the public, the
application shall be supplemented by a deposit of such material with an
international depository institution.

“35.2. Description. - The Regulations shall prescribe the contents of the
description and the order of presentation.


“35.3. DISCLOSURE OF GENETIC RESOURCES OR TRADITIONAL
KNOWLEDGE. — THE PATENT APPLICATION MUST CONTAIN A
DOCUMENT SHOWING THE FREE AND PRIOR INFORMED CONSENT
OF THE INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS
PEOPLES, AND INFORMATION ON THE SOURCE:

“A. OF THE GENETIC RESOURCE TO WHICH THE
INVENTOR OR THE PATENT APPLICANT HAD ACCESS,
PROVIDED THE INVENTION IS DIRECTLY BASED ON THIS
RESOURCE; AND/OR

“B. OF TRADITIONAL KNOWLEDGE OF INDIGENOUS
CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES OF GENETIC
RESOURCES TO WHICH THE INVENTOR OR THE PATENT
APPLICANT HAD ACCESS, PROVIDED THE INVENTION IS
DIRECTLY BASED ON THIS KNOWLEDGE.

“IF THE SOURCE IS UNKNOWN TO THE INVENTOR OR
THE PATENT APPLICANT, THE PATENT APPLICANT MUST
CONFIRM THIS IN WRITING.

"35.4. DEFICIENCIES IN DISCLOSURE OF GENETIC RESOURCE
AND TRADITIONAL KNOWLEDGE. — IF THE PATENT APPLICATION
DOES NOT MEET THE DISCLOSURE REQUIREMENTS IN SECTION 35.3,
THE IPO SHALL SET A TIME LIMIT FOR THE PATENT APPLICANT BY
WHICH THE DEFICIENCIES MUST BE REMEDIED.

“THE IPO SHALL REJECT THE PATENT APPLICATION IF THE
DEFICIENCIES MENTIONED HAVE NOT BEEN REMEDIED.”

Section 5. A new Section 73-A of the same Act is hereby inserted to read as
follows:

“SECTION 73-A. RIGHTS INVOLVING GENETIC RESOURCES
AND TRADITIONAL KNOWLEDGE. — 73-A.1 INDIGENOUS CULTURAL
COMMUNITIES/ INDIGENOUS PEOPLES HAVE THE EXCLUSIVE RIGHT
TO:
“A. AUTHORIZE THE EXPLOITATION OF GENETIC
RESOURCES AND TRADITIONAL KNOWLEDGE; AND
“B. PREVENT ANYONE FROM EXPLOITING THEIR GENETIC
RESOURCES AND TRADITIONAL KNOWLEDGE WITHOUT
THEIR FREE AND PRIOR INFORMED CONSENT.

“73-A.2. INDIGENOUS CULTURAL COMMUNITIES/
INDIGENOUS PEOPLES HAVE THE RIGHT TO WITHDRAW OR PLACE
RESTRICTION OR DEMAND THE RESTRICTION OR WITHDRAWAL ON
ANY FREE AND PRIOR INFORMED CONSENT GIVEN WHERE THE
CONSENT IS LIKELY TO BE DETRIMENTAL TO THEIR
SOCIOECONOMIC LIFE OR CULTURAL HERITAGE.


“73-A.3. THE PROTECTION OF TRADITIONAL KNOWLEDGE AND
GENETIC RESOURCES SHALL NOT BE PREJUDICIAL TO THE
CONTINUED AVAILABILITY, USE, ACCESS, AND EXCHANGE OF THE
TRADITIONAL KNOWLEDGE AND GENETIC RESOURCES BY OR
AMONG INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS
PEOPLES.”
Section 6. Section 171 the same Act is hereby further amended to read as

follows:

“SECTION 171. Definitions. — For the purpose of this Act, the following
terms have the following meaning:
"xx

“171.12. “EXPRESSSION OF FOLKLORE” MEANS ANY FORM,
WHETHER TANGIBLE OR INTANGIBLE, IN WHICH TRADITIONAL
CULTURE AND KNOWLEDGE IS EXPRESSED, APPEARS, OR
MANIFESTS, WHICH CANNOT BE ATTRIBUTED TO A KNOWN AUTHOR,
AND INCLUDES THE FOLLOWING FORMS OF EXPRESSIONS OR
COMBINATIONS:

“(A) VERBAL EXPRESSIONS, INCLUDING STORIES,
EPICS, LEGENDS, POETRY, RIDDLES, AND OTHER NARRATIVES,
WORDS, SIGNS, NAMES, AND SYMBOLS;

“(B) MUSICAL EXPRESSIONS, INCLUDING SONGS AND
INSTRUMENTAL MUSIC;

“(C) EXPRESSIONS BY MOVEMENT OR INCORPORATING
MOVEMENT, INCLUDING DANCES, PLAYS, ARTISTIC FORMS,
RITUALS, AND OTHER PERFORMANCES, WHETHER OR NOT
REDUCED TO A MATERIAL FORM;

“(D) TANGIBLE EXPRESSIONS, INCLUDING
PRODUCTIONS OF ART, DRAWINGS, DESIGNS, PAINTINGS,
BODY PAINTING, CARVINGS, SCULPTURES, POTTERY,
TERRACOTTA, MOSAIC, WOODWORK, METAL WARE, JEWELRY,
BASKETS, NEEDLEWORK, TEXTILES, GLASSWARE, CARPETS,
COSTUMES, HANDICRAFTS, MUSICAL INSTRUMENTS, AND
ARCHITECTURAL FORMS; AND

“(E) ANY OTHER OUTPUT OF CREATIVE AND
CUMULATIVE INTELLECTUAL ACTIVITY CHARACTERISTIC OF
AN INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS
PEOPLES’ DISTINCTIVE CULTURAL IDENTITY AND
TRADITIONAL HERITAGE DEVELOPED AND MAINTAINED BY
THAT COMMUNITY, INDIVIDUALS, OR GROUPS.”

Section 7. Section 172 of the same Act is hereby amended to read as follows:

“SECTION. 172. Literary and Artistic Works. - 172.1 Literary and artistic
works, hereinafter referred to as "works", are original intellectual creations in
the literary and artistic domain protected from the moment of their creation
and shall include in particular:


“XXX

“1472.2. Works are protected by the sole fact of their creation,
irrespective of their mode or form of expression, as well as of their content,
quality and purpose.

"172.3. EXPRESSION OF FOLKLORE IS A PUBLIC STATE
PROPERTY AND CAN ONLY BE EMPLOYED APPROPRIATELY AND PUT
TO GOOD USE. THIS MUST NOT INVOLVE THE DEFACEMENT,
MISAPPROPRIATION, AND MISUSE OF THAT FOLKLORE AND THE
USER MUST MAKE MENTION OF ITS SOURCE. THE STATE HAS THE
RIGHT TO PREVENT ANY USE OF FOLKLORE THAT VIOLATES THESE
PROVISIONS. THE IPO SHALL MAKE A REPOSITORY OF EXPRESSION
OF FOLKLORES.”

Section 8. Section 173 of the same Act is hereby amended to read as follows:

“SEC. 173. Derivative Works. - 173.1. The following derivative works
shall also be protected by copyright:

(a)  Dramatizations, translations, adaptations, _abridgments,
arrangements, and other alterations of literary or artistic works; [and]

*(b) Collections of literary, scholarly or artistic works, and compilations
of data and other materials which are original by reason of the selection or
coordination or arrangement of their contents[=];

“(C) COLLECTIONS OF FOLKLORE SUCH AS ENCYCLOPEDIAS OR
ANTHOLOGIES, AND DATABASES, READABLE EITHER BY COMPUTER
OR OTHER MEANS, AS LONG AS CREATIVITY EXISTS IN THE
SELECTION OR ARRANGEMENT OF THE CONTENTS OF THOSE
COLLECTIONS AND DATABASES.

“473.2. The works referred to in paragraphs (a) and (b) of Subsection
173.1 shall be protected as new works: Provided however, That 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.”
Section 9. Section 184 of the same Act is hereby amended to read as follows:

“SEC. 184. Limitations on Copyright. -184.1. Notwithstanding the
provisions of Chapter V, the following acts shall not constitute infringement of
copyright:

“XXX

“184.3. THE PROTECTION OF FOLKLORE SHALL NOT RESTRICT
OR HINDER THE NORMAL DEVELOPMENT, USE, EXCHANGE,
DISSEMINATION, AND TRANSMISSION OF EXPRESSIONS OF
FOLKLORE. THE PROTECTION OF FOLKLORE SHALL BE SUBJECT TO
EXCEPTIONS WHICH RELATE TO NON-COMMERCIAL USES, SUCH AS
EDUCATION, RESEARCH, PERSONAL OR PRIVATE USE, CRITICISM,
REVIEW, REPORTING OF CURRENT EVENTS, LEGAL PROCEEDINGS,
THE MAKING OF RECORDINGS AND REPRODUCTIONS FOR
INCLUSION IN AN ARCHIVE OR INVENTORY EXCLUSIVELY FOR THE


PURPOSES OF SAFEGUARDING CULTURAL HERITAGE, AND OTHER
INCIDENTAL USES.”

Section 10. Separability Clause. — If any section or provision of this Act
shall be declared unconstitutional or invalid, the other sections or provisions not
affected thereby shall remain in full force and effect.

Section 11. Repealing Clause. - All laws, decrees, rules and regulations,
issuances, or parts thereof which are inconsistent with the Provisions of this Act are
hereby repealed, amended, or modified accordingly.

Section 12. Effectivity. - This Act shall take effect fifteen (15) days from its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved,