NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
s.No. 2326
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23 JUL 18 All :08
KECb'IVEOeV;
Introduced by Senator Loren B. Legarda
AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 8293, OTHERWISE 
KNOWN AS THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
EXPLANATORY NOTE
The fast-paced international advances in technology and the Philippines' 
commitments under the Regional Comprehensive Economic Partnership (RCEP) 
Agreement are compelling reasons for the immediate amendment of the Intellectual 
Property (IP) Code of the Philippines.
The Regional Comprehensive Economic Partnership (RCEP) Agreement 
necessitates the inclusion of several intellectual property provisions, such as the 
protection of non-traditional marks and certification marks. Amending the 
Intellectual Property (IP) Code to accommodate the RCEP's intellectual property 
provisions will advance the interests of Filipino innovators, especially their 
commercial interests in foreign RCEP countries.
Today's modern world demands an intellectual property legal system that is 
adaptive to the international legal framework. In order to sufficiently protect 
businesses and consumers, our intellectual property laws must be kept at par with the 
rest of the world's developing legal system and standards. Keeping up with 
international norms and best practices will result in an increase in foreign investors 
and a stronger economy.


The issues of counterfeiting and piracy in our markets must also be resolved for 
the purpose of assisting not only large companies but also for helping micro, small 
and medium enterprises (MSMEs). Amendments that would give the IPOPHL the 
power to issue takedown and blocking orders and impose higher penalties that 
provide for joint and secondary liability with the principal infringer have become even 
more necessary. The proliferation of the sale of counterfeit and pirated goods have 
hampered the growth and success of numerous business and the government must 
boost the support being given to alleviate its dangerous effects.
The existing Intellectual Property (IP) code must be amended to harmonize all of 
the amendatory laws, which were enacted in compliance with treaty obligations. 
Additionally, the Intellectual Property Office of the Philippines (IPOPHL) IPOPHL 
must be further empowered as the lead government agency in the implementation of 
state policies on IP. There is also a need for an amendment that will fortify the 
IPOPHL's enforcement powers. Further, the institutionalization of certain offices such 
as the IPR Enforcement Office (lEO) and the National Council for Intellectual Property 
Rights (NCIPR) will bolster the IPOPHL's implementation of their mandate.
In view of the foregoing, the early passage of this bill is earnestly requested.
REN LEGARDA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
2326
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23 JUL 18 All «8
RL:C£!VtD 6V.
S. No.
Introduced by Senator Loren B. Legarda
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AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 8293, OTHERWISE 
KNOWN AS THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
Section 1. Section 2 of Republic Act No 8293, otherwise known as the 
"Intellectual Property Code of the Philippines", is hereby amended to read as follows: 
"Sec. 2. Declaration of State Policy. - The State recognizes that an effective and 
efficient intellectual property system is vital to the development of domestic and 
creative industries, facilitates transfer of technology, attracts foreign 
investments, promotes business confidence and ensures market access for our 
products. Towards this end, the State shall:
a. modernize and improve certain aspects of the law on intellectual property 
to ensure that the intellectual property system operates more efficiently 
and is more accessible for all scientists, inventors, creators, artists and other 
gifted citizens, including the indigenous peoples and local communities.
(n)
b. streamline administrative procedures relating to intellectual property 
rights, liberalize the registration on the transfer of technology, enhance the 
enforcement of intellectual property rights in the Philippines; (Sec. 2, R.A. 
8293a)
c. promote the use of relevant, emerging, advanced, and state-of-the-art 
technologies to provide more efficient and higher quality service to the


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public; and (n)
d. recognize, protect, and promote the rights of the indigenous peoples and 
communities to their intellectual and cultural rights under the principles of 
free and prior informed consent and benefit sharing. Thus, the State shall 
implement appropriate measures to prevent misuse and misappropriation 
of the indigenous peoples' and communities' intellectual and cultural 
properties, (n)"
Sec. 2. Section 4 of Republic Act No. 8293 is hereby amended to read as follows:
"Sec. 4. Definitions. - 4.1. The term "intellectual property rights" consists of:
a. Copyright and Related Rights;
b. Trademarks and Service Marks;
c. Geographical Indications;
d. Industrial Designs;
e. Patents;
f. Layout-Designs (Topographies) of Integrated Circuits;
g. Protected of Undisclosed Information; and (Sec. 2, R.A. 8293a)
h. Utility Models, (n)
4.2. The term "technology transfer arrangements" refer to contracts or 
agreements involving intellectual property rights with the transfer of systematic 
knowledge or technology for the manufacture of a product, the application of a 
process, or rendering of a service including management contracts; and the 
transfer, assignment or licensing of all forms of intellectual property rights, 
including licensing of computer software except computer software developed 
for mass market.
XXX
4.5. "Counterfeit goods" refer to any goods or materials including packaging 
bearing without authorization a trademark which is identical to a trademark 
validly registered with the Intellectual Property Office of the Philippines 
(IPOPHL) or already declared as a well-known mark internationally or in the 
Philippines by a competent authority in respect of such goods or which cannot 
be distinguished in its essential aspects from such a trademark and which 
thereby violates the rights of the owner of the trademark in question, (n)


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4.6. "Innovation" refers to the creation of new ideas that results in the
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development of new or improved products, processes, or services, which are
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then spread or transferred across the market; (n)
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4.7. "Pirated goods" refer to any goods or materials or content, whether tangible
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and intangible, in electronic or digital form which are made, produced, or
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replicated, reproduced, distributed, used, uploaded, downloaded,
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communicated or made available to the public, or protected material
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broadcasted without the consent of the right holder or person duly authorized
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by the right holder and which are made, produced, or replicated directly or
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indirectly from an article where the making of that copy would have constituted
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an infringement of copyright or related rights, (n)"
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Sec. 3. Section 5 of Republic Act No. 8293 is hereby amended to read as follows:
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"Sec. 5. Functions of the Intellectual Property Office of the Philippines (IPOPHL). -
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5.1. The IPOPHL is mandated to administer and implement the State policies
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declared in this Act, having the following functions:
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a. Examine applications and grant letters patent for inventions and register
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utility models industrial designs, layout-designs (topographies) of
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integrated circuits, trademarks and other marks of ownership; [Sec. 5(a,b),
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R. A. 8293a]
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b. Provide protection for geographical indications; [Sec. 5(b), R.A. 8293a]
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c. Register technology transfer arrangements and settle disputes on
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payments involving the same and develop and implement strategies to
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promote and facilitate technology transfer; [Sec. 5(c), R.A. 8293a]
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d. Promote the use of patent information as a tool for policy making and
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technology development; [Sec. 5(d), R.A. 8293a]
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e. Publish regularly in its own publication the patents, marks, copyright,
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utility models and industrial designs, issued and approved, and the
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technology transfer arrangements registered; [Sec. 5(e), R.A. 8293a]
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f. Administratively adjudicate disputes involving intellectual property
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rights; [Sec. 5(f), R.A. 8293a]
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g. Coordinate with and enter into partnerships with other government
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agencies, institutions, and the private sector efforts to formulate and


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implement plans and policies to strengthen the creation, promotion, 
protection, utilization, and enforcement of intellectual property rights in 
the country; [Sec. 5(g), R.A. 8293a]
h. Register copyright, issue certificates of deposit or registration and 
promote the use of copyright and related rights as a tool to foster a culture 
of creativity and respect for artistic creation; (n)
i. Undertake enforcement functions supported by concerned agencies; (n)
j. Secure and receive bilateral and international grants and endowments to 
support its programs and projects; and (n)
k. Formulate policies to promote creativity, innovation, and respect for 
intellectual property, (n)
XXX
5.3. The Office shall have the authority to establish and collect fees and other 
charges in the exercise of its functions and rendering of services including the 
holding of trainings and seminars. In relation to and in the performance of its 
functions and promotion of intellectual property, the Office shall have the 
authority to sell educational and promotional materials, and import and accept 
donations consisting of equipment or similar items to be exclusively used for 
official purposes, (n)
5.4. The Office shall promulgate rules and procedures, including reasonable 
timelines consistent with international agreements and best practices. The 
Office shall adhere as closely as possible to the mandated timelines for 
processing transactions under Republic Act No. 11032, otherwise known as the 
"Ease of Doing Business and Efficient Government Service Delivery Act of 
2018": Provided, That for specific transactions and procedures stipulated under 
this Act, the prescribed timeline shall commence from the time of the 
submission of all the requirements and completion of all the stages of the 
prescribed processes, including post grant publications, inter partes and 
intellectual property rights violations and proceedings.
The rules of procedure shall include the grant of letters patents, registration of 
utility models, industrial designs, layout-designs (topographies) of integrated 
circuits, marks of ownership, the adjudication of intellectual property disputes.


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and other similar or related services, (n)"
Sec. 4. Section 6 of Republic Act No. 8293 is hereby amended to read as follows:
"Sec. 6. The Organizational Structure of the IPOPHL. -
XXX.
6.2. The Office shall be divided into seven (7) Bureaus, each of which shall be 
headed by a Director and assisted by an Assistant Director. These Bureaus are:
XXX
c. The Bureau of Innovation Support and Business Development;
d. The Information Technology Management Service;
e. The Finance, Administrative, and Human Resource Development 
Services;
f. The Bureau of Copyright and Related Rights; and (Sec. 6.2, R.A. 8293a)
g. The Intellectual Property Academy, (n)
6.3. The Director General, Deputies Director General, Directors and Assistant 
Directors shall be appointed by the President. The other officers and employees 
of the Office shall be appointed by the Secretary of Trade and Industry, 
conformably with and under the Civil Service Law: Provided, That such power 
may be delegated to the Director General. (Sec. 6.3, R.A. 8293a)"
Sec. 5. Section 7 of Republic Act No. 8293 is hereby amended to read as follows:
"Sec. 7. The Director General and Deputies Director General. - 
7.1. Powers and Functions. - The Director General shall exercise the following 
powers and functions:
a. Manage and direct all functions and activities of the Office, including the 
promulgation of rules and regulations to implement its mandates, 
objectives, policies, plans, programs and projects and the recognition of 
individuals representing applicants or other parties before the Office or 
handling services related to intellectual property: Provided, That for 
recognition of lawyers, such rules and regulations shall be subject to Rule 
138 of the Rules of Court of the Philippines.
In the exercise of the authority to propose policies and standards in 
relation to the following: (1) the effective, efficient, and economical 
operations of the Office requiring statutory enactment; (2) coordination


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with other agencies of government in relation to the enforcement of 
intellectual property rights; and (3) the establishment of fees for the filing 
and processing of an application for a patent, and registration of utility 
model or industrial design, layout-design (topography) of an integrated 
circuit, or mark or a collective mark, and other marks of ownership, and 
for all other services performed and materials furnished by the Office. 
The Director General shall be subject to the supervision of the Secretary 
of Trade and Industry; [Sec. 7(a), R.A. 8293a]
b. Exercise
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exclusive original jurisdiction over petitions for the grant of 
compulsory licenses or special compulsory licenses. The decisions 
of the Office of the Director General over compulsory licensing cases 
shall be appealable to the Court of Appeals in accordance with the 
Rules of Court; (n)
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exclusive appellate jurisdiction over all decisions rendered by the 
Director of Legal Affairs, the Director of Patents, the Director of 
Trademarks, the Director of Copyright and Related Rights, and the 
Director of Innovation Support and Business Development in the 
performance of their quasi-judicial functions.
The decisions of the Director General in the exercise of his appellate 
jurisdiction in respect of the decisions of the Director of Legal 
Affairs, Director of Patents, the Director of Trademarks, and the 
Director of Copyright and Related Rights shall be appealable to the 
Court of Appeals in accordance with the Rules of Court: Provided, 
That the decisions of the Director of Innovation Support and 
Business Development on technology transfer arrangements shall be 
appealable to the Secretary of Trade and Industry; [Sec. 7(b), R.A. 
8293a]
c. Undertake enforcement functions supported by concerned agencies such 
as:
(1) Issue visitorial orders in relation to violations of intellectual 
property rights involving counterfeit and pirated goods and


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materials, and if necessary, issue provisional cease and desist and 
preventive custody orders: Provided, That the issuance of such orders 
are in accordance with the procedure under this Act: Provided however, 
That the complainant shall post a bond sufficient to answer for any 
and all damages that the respondent may suffer because of the 
wrongful order.
For purposes of the issuance of the orders under this Section, the 
following shall be strictly complied with:
(1.1) 
Issuance of Visitorial Orders
The visitorial order shall be issued in relation to violations of intellectual 
property rights involving counterfeit and pirated goods and materials, 
and only upon filing of a verified complaint by the owner(s) or holder(s) 
of intellectual property rights or their authorized representatives, 
accompanied by (a) a certificate of registration or sworn statement of 
ownership, (b) a sample of the authentic and counterfeit or pirated goods 
and materials subject of the complaint, and (c) a sworn statement by the 
complainant or its expert on the lack of authenticity of the product or lack 
of authority of the respondent to sell, offer for sale, display or make 
available to the public the said goods and materials. Any visitorial order 
shall be issued only upon showing of reasonable cause by the 
complainant and any visit shall only be conducted during reasonable 
hours to open establishments and businesses where the counterfeiting or 
piracy is alleged to be taking place or counterfeit goods or pirated goods 
or materials are alleged to be sold, offered for sale, displayed or made 
available to the public.
During the visit, the Director General, or any officer authorized in writing 
by the Director General, shall give the respondent reasonable time and 
opportunity to provide evidence of authenticity or authority for the goods 
sold, offered for sale, displayed or made available to the public, or kept in 
storage.
(1.2) 
Cease and Desist Order; Preventive Custody Order


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A cease-and-desist order may be issued after due notice and hearing, and 
only if the respondent fails to produce such evidence of authenticity or 
authority, in which case, the subject goods may be placed in preventive 
custody. Goods placed in preventive custody shall be subject to 
inventory, appropriately marked, and segregated from the rest of the 
products in the establishment but shall physically remain in the 
establishment of the respondent or in a place mutually agreed upon by 
the complainant, the respondent, and the Director General or any officer 
authorized in writing by the Director General. The inventory shall be 
witnessed and accepted by the respondent.
(1.3) Compliance to Cease-and-Desist and Preventive Custody 
The preventive custody of the goods shall be effective for a maximum 
period of five (5) days which may be extendible for a maximum of another 
five (5) days upon reasonable ground. Within this period, the respondent 
should be able to show cause why the preventive custody should be 
revoked, amended or not made permanent, and the Director General shall 
make a determination thereof.
If the goods are determined to be not counterfeit or pirated, the preventive 
custody shall be revoked within twenty-four (24) hours and an Order for 
Release of the goods subject of preventive custody shall be issued within 
the said period.
Should the Director General determine that the goods are counterfeit or 
pirated, the Director General, after due notice and hearing, shall issue an 
Order of Confiscation and the goods shall be confiscated and removed 
from the establishment of the respondent and subjected to forfeiture, 
destruction, or disposal proceedings in accordance with law.
The Office shall issue the necessary implementing rules and regulations 
(IRR) for the proper implementation of the visitorial powers of the 
Director General consistent with the Rules of the Supreme Court and the 
Rules of Court of the Philippines.
(2) After due notice and hearing, issue temporary and permanent 
blocking orders, take down orders, cease-and-desist, or disable access


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orders, to the intermediary service providers, domain name registries 
and registrars, website owners, online intermediaries, online platforms, 
social media platforms, or any similar medium in relation to an online 
violation of intellectual property rights involving counterfeit goods, 
copyright infringing or pirated goods, materials, and content, 
infringement of copyright, and other violations of intellectual property 
rights and this Act, upon filing of a verified complaint by the owner(s) or 
holder(s) of the intellectual property rights or their authorized 
representative accompanied by a certificate of registration or sworn 
statement of ownership, and a sworn statement by the complainant or its 
expert on the lack of authenticity of the product or lack of authority to 
sell, offer for sale, display or make available to the public the counterfeit 
or pirated goods and materials. In the case of online platforms, the take 
down or cease and desist orders may, as the Director General may deem 
appropriate, be limited to directing the online platform or the persons 
operating them to (i) take down, or compel the sellers on the platform to 
take down, infringing products or listings from the platform as identified 
in the complaint; or (ii) block specific sellers from the platform when such 
sellers have been found to infringe intellectual property rights pursuant 
to at least three (3) verified complaints filed with the IPOPHL.
The temporary blocking, takedown, cease and desist or other orders or 
measures shall be issued only upon showing of grave injury on the part 
of the applicant and shall only be effective for forty-eight (48) hours and 
in no case longer than seventy-two (72) hours. Within this period, the 
Director General shall conduct a hearing and order the respondent to 
show cause why the temporary order or measure should be revoked, 
amended or not made permanent. The Director General shall determine 
within the same period whether the temporary order or measure should 
be amended, revoked or made permanent.
The Director General shall issue fair and equitable procedures to 
implement its enforcement powers, which procedures shall be applied in


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a manner as to avoid the creation of barriers to legitimate trade and to 
provide for safeguards against their abuse, (n)
d. The power to hold in contempt, in accordance with the procedure 
provided in the implementing rules and regulations of the Office, on all 
those who disregard orders or writs issued in the exercise of the powers 
and functions provided for in this Section, and to impose a fine of not less 
than Twenty thousand pesos (P 20,000.00) but not more than Three 
hundred thousand pesos (P 300,000.00); and (n)
e. Such other functions in furtherance of the objectives of this Act. [Sec. 7(e), 
R.A. 8293a]
XXX
7.3. Term of Office. - The Director General and the Deputies Director General 
shall be appointed by the President for a term of five (5) years and shall hold 
office until the successor is appointed and qualified. The Director General and 
each of the Deputies Director General shall be eligible for reappointment only 
once. Appointment to any vacancy shall be only for the unexpired term of the 
predecessor. (Sec. 7.3, R.A. 8293a)
7.4. The Office of the Director General. - The Office of the Director General shall 
consist of the Director General and the Deputies Director General, their 
immediate staff and such Offices and Services that the Director General will set 
up to support the plans and programs of the Director General such as, but not 
limited to:
a. Strategy Management and Planning;
b. Intellectual Property Rights Enforcement;
c. Intellectual Property Field Operations;
d. Legal and Appeals:
e. Policy and International Affairs; and
f. Internal Audit and Quality Management, (n)
7.5. Strategy Management and Planning. - The Strategy Management and 
Planning under the Office of the Director General shall have the following 
functions:
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a. Provide efficient and effective services related to the formulation of data- 
driven plans and programs, monitoring of organizational performance, 
and review of strategic priorities;
b. Drive IPOPHL's strategic planning process by enhancing its knowledge 
of the driving forces in its operating environment; and
c. Identify and develop future-ready capabilities to improve IPOPHL's 
work, (n)
7.6. Intellectual Property Rights Enforcement. - The IP Intellectual Property Rights 
Enforcement under the Office of the Director General shall have the following 
powers and functions:
a. Gather intelligence information related to the violations of this Act, 
conduct inquiries and investigation and develop effective 
countermeasures to deter counterfeit and pirateci goods or content;
b. Conduct visits during reasonable hours to establishments and businesses 
where activities suspected to be in violation of this Act are being 
performed in accordance with the procedure provided for under Section 
7.2 of this Act;
c. Develop a database of pending cases involving violations of this Act;
d. Undertake any or all of the following enforcement actions:
(1) Serve and execute the administrative orders duly issued by the Office 
of the Director General in accordance with its powers granted in Section 
7 of this Act, such as visitorial order on premises, confiscation orders 
against counterfeit and pirated goods, enforcement orders, and take 
down or blocking orders against websites or online platforms in 
coordination with the appropriate agency or intermediary service 
provider;
(2) Issue notice or warning to the respondent or respondents;
(3) Recommend that the concerned local government unit or other 
government agency cancel licenses and business permits for engaging in 
selling or making available to the public counterfeit and pirated goods or 
file charges against the respondents for violation of their respective laws, 
rules or regulations;
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(4) Request the concerned local government unit concerned or other 
government agencies to implement the decisions of the Intellectual 
Property Rights Enforcement pursuant to their respective mandates;
(5) Report the result of service and execution of administrative orders; and
(6) Such other orders or actions necessary to ensure compliance with the 
provisions of this Act.
(6.1) 
Coordinate with other government agencies and the private 
sector efforts on matters related to intellectual property rights 
enforcement;
(6.2) 
Assist in the enforcement of orders, writs, and processes issued 
by the Bureau of Legal Affairs and the Office of the Director General;
(6.3) 
Conduct monitoring activities related or relevant to intellectual 
property rights enforcement;
(6.4) 
Exercise inter-agency special enforcement coordination 
functions; and
(6.5) 
Such other powers and functions as may be necessary or 
incidental to the attainment of the purposes and objectives of this Act or 
as may be assigned by the Director General or the Deputy Director 
General-in-charge, (n)
7.7. Intellectual Property Field Operations. - The Intellectual Property Field 
Operations under the Office of the Director General shall have the following 
functions:
a. Implement programs and render intellectual property-related services to 
promote the effective use and respect of intellectual property, and foster 
an intellectual property-inspired culture of innovation and creativity in 
the regions of the country;
b. Develop linkages and partnerships with regional offices of other 
government agencies, local government units and local academic 
institutions to advance intellectual property-focused programs in the 
regions;
c. Perform such other functions that will promote the mandate of the Office.
(n)"
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Sec. 6. Section 8 of Republic Act No. 8293 is hereby amended to read as follows:
"Sec. 8. The Bureau of Patents. - The Bureau of Patents shall have the following 
functions:
XXX
8.4. Provide other administrative support services related to the foregoing and 
charge reasonable fees therefor, (n)"
Sec. 7. Section 9 of Republic Act No. 8293 is hereby amended to read as follows:
"Sec. 9. The Bureau of Trademarks. - The Bureau of Trademarks shall have the 
following functions:
9.1. Search and examination of the applications for the registration of marks, 
geographical indications and other marks of ownership and the issuance of the 
certificates of registration; (Sec. 9.1, R.A. 8293a)
XXX
9.3. Establish and maintain registers of trademarks, well-known marks, and 
other marks of ownership; and (n)
9.4. Provide other administrative support services related to the foregoing and 
charge reasonable fees therefor, (n)"
Sec. 8. Section 9A of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 9A. The Bureau of Copyright and Related Rights. - The Bureau of Copyright 
and Related Rights shall have the following functions:
9A.1. Exercise original jurisdiction to resolve disputes relating to copyright 
and related rights, except for copyright infringement cases, cancellation of 
copyright registration, and those other cases which are within the jurisdiction 
of the Bureau of Legal Affairs under Section 15 of this Act; (n)
9A.2. Accept and review applications for the accreditation of collective 
management organizations or similar entities; and within twenty (20) days 
from the submission of complete application documents and observation of 
interested parties, decide on the said applications for accreditation. The Bureau 
of Copyright and Related Rights recognizes the importance of the role of 
collective management organizations and shall encourage accreditation 
thereof; (Sec. 9A.2, R.A. 8293a; n)
9A.3. Formulate and implement plans and projects to promote the use of
13


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copyright and related rights as a tool to foster a culture of creativity and respect
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for artistic creations; (n)
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XXX
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9A. 5. Receive, evaluate and allow the voluntary registration and deposit of
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works as provided for under Section 214 of this Act; (n)
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9A. 6. Establish and maintain registries or databases involving copyright and
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related rights in coordination with other government agencies, entities and
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private stakeholders; (n)
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9A. 7. Conduct researches and education activities, to enhance public
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awareness on copyright and of fair use of works; (n)
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9A. 8. Approve, after careful deliberation or public consultation, matters
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concerning the rate or amount of fees and royalties of collective management
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organizations mentioned in Section 206 of this Act. (n)
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The Director General may, by regulations, establish the procedure to govern
15 
the implementation of this Section, (n)"
16 
Sec. 9. Section 10 of Republic Act No. 8293 is hereby amended to read as follows:
17 
"Sec. 10. The Bureau of Legal Affairs. - The Bureau of Legal Affairs shall have the
18 
following functions:
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10.1. Adjudicate on the following:
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a. opposition to the application for registration of trademarks and other
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marks of ownership; [Sec. 10.1(a), R.A. 8293a]
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b. Cancellation of trademarks, geographical indications registration,
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copyright registration, other marks of ownership and subject to the
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provisions of Section 64 of this Act, cancellation of patents, utility models,
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industrial designs, and layout-designs (topographies) of integrated
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circuits; [Sec. 10.1 (a,b), R.A. 8293a]
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c. Opposition to application or request for, and revocation of, 
the
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declaration of well-known marks by the Bureau of Trademarks; (n)
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d. Petition for declaration as true and actual inventor; and (n)
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e. Revocation of declaration as true and actual inventor: (n)
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Provided, That decisions of the adjudication officers are appealable to the
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Director, (n)
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10.2. Exercise jurisdiction in the following manner:
a. Exercise original and exclusive jurisdiction in administrative complaints 
for violations of laws involving intellectual property rights: Provided, 
That availment of the provisional remedies may be granted in accordance 
with the Rules of Court. The Bureau shall, after notice and hearing, have 
the power to impose fines of not less than not less than fifty thousand 
pesos (P 50,000.00) but not more than Three hundred thousand pesos (P 
300,000.00) for all those who disregard orders or writs issued in the course 
of the proceedings and recommend or pursue contempt actions as 
provided for under Section 7.1 (d) of this Act, or the revocation or 
suspension of the relevant business permit, license or authority as 
provided for under Section 255 of this Act, or both. [Sec. 10.2(a), R.A. 
8293a; n]
b. After formal investigation, the Bureau may impose one (1) or more of the 
following administrative penalties:
XXX
(2) XXX.
The Bureau may also require the respondent to submit periodic 
compliance reports and file a bond to guarantee compliance of his 
undertaking; [Sec. 10.2(b), R.A. 8293a]
(3) The condemnation or seizure of products which are subject of the 
offense. The goods seized hereunder shall be disposed of in such manner 
as may be deemed appropriate by the Bureau, such as by destruction, sale, 
donation to distressed local governments or to charitable or relief 
institutions, exportation, recycling into other goods, or any combination 
thereof, under such guidelines as the Bureau may provide; [Sec. 10.2(b), 
R.A. 8293a]
(4) The forfeiture of paraphernalia, machines, equipment, and personal 
properties used primarily or predominantly in the violation of intellectual 
property rights; [Sec. 10.2(b), R.A. 8293a]
(5) The imposition of administrative fines, which shall in no case be less 
than One hundred thousand pesos (Php 100,000) nor more than One
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million pesos (Php 1,000,000). In addition, an additional fine of not less 
than Ten thousand pesos (Php 10,000) shall be imposed for each day of 
continuing violation; [Sec. 10.2(b), R.A. 8293a]
(6) The cancellation of any license, authority, or registration which may 
have been granted by the Office, or the suspension of the validity thereof 
for such period as the Bureau may deem reasonable which shall not 
exceed one (1) year; [Sec. 10.2(b), R.A. 8293a]
(7) The withholding of any license, authority, or registration which is 
being secured by the respondent from the Office; [Sec. 10.2(b), R.A. 8293a]
(8) The assessment and award of damages, including such profits the 
infringer may have made due to such infringement and advertising 
revenues; and when appropriate, exemplary, nominal or moral damages, 
attorney's fees, and costs of litigation; (n)
XXX
Provided, that decisions of the adjudication officers are appealable to the 
Director, (n)
c. Establish and administer alternative dispute resolution mechanisms; and
(n)
d. Provide assistance to other bureaus and offices of the IPOPHL, including 
legal review, study, and similar tasks, (n)
XXX
Sec. 10. Section 11 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 11. The Bureau of Innovation Support and Business Development. - The Bureau 
of Innovation Support and Business Development shall have the following 
functions:
11.1. Foster creativity, innovation, and business development by implementing 
policies, programs, and activities therefor, through the following:
a. Promote and provide assistance on the utilization and commercialization 
of intellectual property through various modes in coordination and 
collaboration with other government agencies and the relevant private 
institutions;
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b. Promote the use of intellectual property information as a strategic tool to 
facilitate the development of technology in the country;
c. Perform patent searches, analytics mapping and similar activities;
d. Register technology transfer arrangements, and settle disputes involving 
technology transfer payments;
e. Adapt and package intellectual property information; and
f. Provide advisory services for the determination of search patterns.
11.2. 
Support advocacy programs and initiatives of the office 
through marketing of services, and external communications; and
11.3. Build public awareness on intellectual property through information 
dissemination and the conduct of seminars, lectures, capacity building 
exercises and other similar activities.
The Director General may, by implementing rules and regulations, establish 
the procedure to govern the implementation of this section, (n)"
Sec. 11. Section 12 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 12. The Information Technology Management Serince. - The Information 
Technology Management Service shall:
12.1. Plan, develop, and implement information technology (IT) strategies and 
policies in collaboration with all offices and bureaus to ensure the optimal 
application and utilization of IT resources and services; and
12.2. Develop and maintain databases, application systems, and network 
infrastructure systems to support all office and bureau operations, (n)"
Sec. 12. Section 13 of Republic Act No. 8293 is hereby amended to read as follows: 
Sec. 13. The Finance, Administrative, and Human Resource Development Services. -
13.1. The Administrative Service shall:
a. Provide services relative to procurement and allocation of supplies and 
equipment, transportation, messengerial work, cashiering, payment of 
salaries and other Office's obligations, office maintenance, proper safety 
and security, and other utility services; and [Sec. 13.1(a), R.A. 8293a]
XXX
13.2. The Finance Service shall formulate and manage a financial program to 
ensure availability and proper utilization of funds; provide for an effective
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monitoring system of the financial operations of the Office. (Sec. 13.3, R. A. 8293a) 
13.3. The Human Resource Development Service shall design and implement 
human resource development plans and programs for the personnel of the 
Office; provide for present and future manpower needs of the organization; 
maintain high morale and favorable employee attitudes towards the 
organization through the continuing design and implementation of employee 
development programs. (Sec. 13.4, R.A. 8293a)"
Sec. 13. New Sections 13A and 13B are hereby inserted after Section 13 of Republic 
Act No. 8293 to read as follows:
"Sec. 13A. Intellectual Property (IP) Academy. - The IP Academy shall have the 
following functions:
a. Support the agent accreditation process of the Office by facilitating or 
conducting the accreditation training, examination, registration, and other 
supporting activities to accredit and register intellectual property agents, 
and representatives;
b. Build high-level understanding, competence and expertise in the fields of 
intellectual property and other related areas through the conduct of 
certification programs, advanced highly-technical courses, learning tracks 
system, continuing professional development programs and other similar 
activities;
c. Create and formulate the training and learning outlines, methods, 
curricula, modules, programs, and instructional materials for the training, 
learning, education programs, and other similar activities on intellectual 
property and other relevant disciplines;
d. Assist and support the capacity building programs of Bureaus and offices 
in relation to learning management, learning evaluation processes, as well 
as research initiatives and knowledge-building programs of intellectual 
property and other relevant disciplines;
e. Support and establish the creation of scientific, interdisciplinary, evidence- 
based and other related research and studies on intellectual property and 
related disciplines through the conduct of conferences, conventions.
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publications, and other similar activities on research and knowledge- 
creation; and
f. Enhance and integrate intellectual property in the learning system of the 
country through the establishment of partnerships and cooperation with 
local or foreign educational, learning and research institutions, government 
agencies, private sectors, and other professional organizations, (n)
Sec. 13B. The National Committee on Intellectual Property Rights. - 
13B.1. Composition. - The composition of the National Committee on Intellectual 
Property Rights (NCIPR), created under Executive Order No. 736, series of 2008, 
entitled "Institutionalizing Permanent Units to Promote, Protect and Enforce 
Intellectual Property Rights (IPR) in Different Law Enforcement and Other 
Agencies under the Coordination of the National Committee on Intellectual 
Property Rights (NCIPR)", is hereby expanded to include the following member 
agencies:
a. Department of Trade and Industry (DTI);
b. Intellectual Property Office of the Philippines (IPOPHL);
c. Department of Justice (DOJ);
d. Department of Interior and Local Government (DILG);
e. Department of Information and Communications Technology (DICT);
f. Bureau of Customs (BOC);
g. National Telecommunications Commission (NTC);
h. Optical Media Board (OMB);
i. National Bureau of Investigation (NBI);
j. Philippine National Police (PNP);
k. Food and Drug Administration (FDA);
l. National Book Development Board (NBDB);
m. Bureau of Internal Revenue (BIR);
n. National Commission on Indigenous People (NCIP);
o. Office of the Special Envoy for Transnational Crimes;
p. Such other agencies as may be called upon by the NCIPR; and
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Sec,
q. A representative from the private sector to be appointed by the Secretary 
of Trade and Industry upon the recommendation of the Director General, 
and who shall have a term of two (2) years, without reappointment, (n) 
The NCIPR shall be co-chaired by the Secretary of Trade and Industry and by 
the Director General. Each member shall designate a permanent representative 
with the rank of Undersecretary or Assistant Secretary. The Office shall provide 
secretariat services to the NCIPR. (n)
13B.2. Functions. - The NCIPR shall act as the primary inter-agency body on 
efforts against intellectual property rights violations and shall have the following 
functions:
a. Formulate strategic plans and programs;
b. Assist in the public information and education campaign on the importance 
of intellectual property rights;
c. Facilitate and assist in the effective enforcement and prosecution of 
violators of intellectual property rights;
d. Recommend measures to the legislative, executive, and judicial 
departments to ensure timely and effective enforcement and adjudication 
of intellectual property rights cases;
e. Maintain a database and enforcement monitoring system, consolidated 
information and reports from other agencies, and submit periodic reports; 
and
f. Coordinate with other government agencies and the private sector efforts 
on matters related to intellectual property rights enforcement, (n)
To perform these functions, all NCIPR member-agencies shall establish and 
maintain a permanent intellectual property unit with regular and adequate 
resources, personnel, and budgetary support allocated from their respective 
funds, (n)"
14. Section 14 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 14. Use of Intellectual Property Rights Fees by the IPOPHL. - 
14.1. For a more effective and expeditious implementation of this Act, the 
Director General shall be authorized to retain, without need of a separate 
approval from any government agency, and subject only to the existing
20


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accounting and auditing rules and regulations, all the fees, fines, royalties and
2 
other charges, collected by the Office under this Act and the other laws that the
3 
Office will be mandated to administer, for use in its operations, like upgrading
4 
of its facilities, equipment outlay, human resource development, and the
5 
acquisition of the appropriate office space, among others, to improve the
6 
delivery of its services to the public. This amount, which shall be in addition to
7 
the Office's annual budget, and including interests earned from the same, shall
8 
be deposited and maintained in a separate account or fund, which may be used
9 
or disbursed directly by the Director General. (Sec. 14.1, R.A. 8293a)
10 
14.2. The Director General shall, subject to the approval of the Secretary of
11 
Trade and Industry, determine if the fees and charges mentioned in Subsection
12 
14.1 hereof are sufficient to meet its budgetary requirements. If so, it shall retain
13 
all the fees and charges it shall collect under the same conditions indicated in
14 
said Subsection 14.1 but shall forthwith, cease to receive any funds from the
15 
annual budget of the National Government. (Sec. 14.2, R.A. 8293a)
16 
Sec. 15. Section 19 of Republic Act No. 8293 is hereby amended to read as follows:
17 
"Sec. 19. Disqualification of Officers and Employees of the Office. - All officers and
18 
employees of the Office shall not apply or act as an attorney or agent of an
19 
application for a grant of patent, for the registration of a utility model, industrial
20 
design, layout-design (topographies) of an integrated circuit, mark, other marks
21 
of ownership, nor acquire, except by hereditary succession, any patent or utility
22 
model, design registration, or mark or any right, title or interest therein during
23 
their employment and for one (1) year thereafter. (Sec. 19, R.A. 8293a)"
24 
Sec. 16. Section 20 of Republic Act No. 8293 is hereby amended to read as follows:
25 
"Sec. 20. Definition of Terms Used in Part II, The Law on Patents. - As used in Part
26 
II, the following terms shall have the following meanings:
27 
XXX
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20.5. "Patent application" or "application" means an application for a patent for
29 
an invention except in Chapters XII and XIII, where application means an
30 
application for a utility model an industrial design, and layout-design design
31 
(topography) of integrated circuit, respectively; (Sec. 20.5, R.A. 8293a)
32
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20.7. "Provisional Patent Application" means a temporary patent application
2 
that complies with Section 39.2 of this Act and filed for purposes of establishing
3 
an early filing date; and (n)
4 
20.8. "Regulations" mean the Rules of Practice in Patent Cases formulated by
5 
the Director of the Bureau of Patents and promulgated by the Director
6 
General, (n)"
7 
Sec. 17. Section 24 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 24. Prior Art. - Prior art shall consist of:
24.1. Everything which has been made available to the public anywhere in the 
world, before the filing date or the priority date of the application claiming the 
invention: Provided, That an undisclosed provisional patent application shall not 
be considered as prior art; and (Sec. 24.1, R.A. 8293a)
X X x"
Sec. 18. Section 31 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 31. Right of Priority. - 31.1. x x x.
31.2. The date of filing of a provisional patent application may be claimed as the 
priority date of the patent application: Provided, That such patent application was 
filed within twelve (12) months and in accordance with the requirements of 
Section 32.1 hereof, (n)"
Sec. 19. Section 32 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 32. The Application. - 32.1. The patent application shall be in Filipino or 
English and shall contain the following:
XXX
d. At least one (1) claim; (n)
e. X X x;
f. Payment of required fees at the time of filing; and (n)
g. If the applicant is not domiciled in the Philippines, the appointment of an 
agent or representative upon whom notice or process for judicial or 
administrative procedure relating to the application for patent or the patent 
may be served, (n)
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Sec. 20. A new Section 32A is hereby inserted after Section 32 of Republic Act No.
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8293 to read as follows:
4 
"Sec. 32A. Provisional Patent Application. - 32A.1. A provisional patent
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application shall be replaced by a patent application that complies with Section
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32A.2 hereof: Provided, That such patent application is filed within twelve (12)
7 
months from the filing date of the provisional patent application: Provided
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further, That if new matter not included in the provisional application is
9 
introduced, the filing date shall be when the regular application is filed,
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otherwise such provisional patent application shall be considered forfeited, (n)
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32A.2. A provisional patent application shall contain the following:
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a. Request Form for Provisional Application;
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b. Provisional description of the invention;
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c. Provisional drawings or sequence listings, if applicable;
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d. At least one (1) provisional claim;
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e. Provisional abstract;
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f. Payment of required fees at the time of filing; and
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g. If the applicant is not domiciled in the Philippines, the appointment of an
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agent or representative upon whom notice or process for judicial or
20 
administrative procedure relating to the application for patent or the patent
21 
may be served, (n)
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32A.3. The benefits of filing a provisional patent application refer only to the
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right of claiming priority date under Section 31.2 hereof and for establishing
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novelty under Section 23 hereof. The protection period referred to in Section 54
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of this Act shall be reckoned from the filing date of the provisional patent
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application, 
(n)"
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Sec. 21. Section 40 of Republic Act No. 8293 is hereby amended to read as follows:
28 
"Sec. 40. Filing Date Requirements. -
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In the case of the provisional patent application, the filing date shall be the date
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of receipt by the Office of all of the requirements in Section 32A.2 of this Act. (n)
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XX X."
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Sec. 22. Section 41 of Republic Act No. 8293 is hereby amended to read as follows:
2 
"Sec. 41. According a Filing Date. - The Office shall examine whether the patent
3 
application or a provisional patent application satisfies the requirements for the
4 
grant of date of filing as provided in Section 40 hereof. If the date of filing cannot
5 
be accorded, the applicant shall be given an opportunity to correct the
6 
deficiencies in accordance with the implementing Regulations. If the application
7 
does not contain all the elements indicated in Section 40, the filing date should
8 
be that date when all the elements are received. If the deficiencies are not
9 
remedied within the prescribed time limit, the application shall be considered
10 
withdrawn. (Sec. 41, R.A. 8293a)"
11 
Sec. 23. Section 45 of Republic Act No. 8293 is hereby amended to read as follows:
12 
"Sec. 45. Confidentiality Before Publication. - 45.1. x x x.
13 
45.2. Confidentiality of Provisional Patent Application. - A provisional patent
14 
application that has complied with the requirements in Sections 41 and 42 of this
15 
Act shall be kept in confidence by the Office and as such, will not be published
16 
in the IPOPHL Gazette or in any other means of publication. Provisional patent
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applications that are forfeited shall be destroyed or permanently deleted and no
18 
records of which shall be kept by the Office, (n)"
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Sec. 24. Section 54 of Republic Act No. 8293 is hereby amended to read as follows:
20 
"Sec. 54. Term of Patent. - The term of a patent shall be twenty (20) years from the
21 
filing date of the application. For a patent which was originally filed under a
22 
provisional patent application, the protection period shall be reckoned from the
23 
filing date of the provisional patent application. (Sec. 54, R.A. 8293a)"
24 
Sec. 25. Section 67 of Republic Act No. 8293 is hereby amended to read as follows:
25 
"Sec. 67. Effect of Declaration as the True and Actual Inventor or a Person Having the
26 
Right to a Patent. -
27 
67.1. If a person declared by final order or decision of the court or by the Bureau
28 
of Legal Affairs to be the true and actual inventor or to have the right to the
29 
patent or to file a patent application, may, within three (3) months after the
30 
decision has become final and executory, notify the Bureau of Patents of any or
31 
more applicable options, namely:
32 
a. Prosecute the application as his own in place of the applicant;
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b. File a new patent application in respect of the same invention: Provided,
2 
That the filing or priority date of the old application is retained;
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c. Request that the application be rejected; or
4 
d. Seek cancellation of the patent, or to be substituted as patentee, if one has
5 
already been issued. (Sec. 67.1, R.A. 8293a)
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67.2. In case of fraud, the court or Bureau of Legal Affairs may, when appropriate
7 
and necessary, award actual and other damages in favor of the true and actual
8 
inventor or person having the right to a patent, (n)"
9 
Sec. 26. Section 68 of Republic Act No. 8293 is hereby amended to read as follows:
10 
"Sec. 68. Remedy of the True and Actual Inventor or a Person Having the Right to a
11 
Patent. - A person, who was deprived of the patent or the right to file a patent
12 
application may file with the court or with the Bureau of Legal Affairs, an action
13 
for a declaration as the true and actual inventor or as a person having the right
14 
to a patent or to file a patent application, or raise the same as a defense in an
15 
action for patent infringement. (Sec. 68, R.A. 8293a, n)"
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Sec. 27. Section 68 of Republic Act No. 8293 is hereby amended to read as follows:
17 
"Sec. 70. Time to File Action in Court. - The actions indicated in Sections 67 and 68
18 
shall be filed at any time but not later than one (1) year from the date of
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publication of the grant. (Sec. 70, R.A. 8293a)"
20 
Sec. 28. Section 72 of Republic Act No. 8293 is hereby amended to read as follows:
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"Sec. 72. Limitations of Potent Rights. -
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72.3. Where the act consists of making or using the invention exclusively for
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experiments for scientific or educational purposes and such other activities
25 
directly related to such scientific or educational experimental use; (Sec. 72.3, R.A.
26 
8293a)"
27 
72.4. In the case of drugs and medicines, where the act includes testing, using,
28 
making or selling the invention including any data related thereto, solely for
29 
purposes reasonably related to the development and submission of information
30 
and issuance of approvals by government regulatory agencies required under
31 
any law of the Philippines or of another country that regulates the manufacture,
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construction, use or sale of any product without prejudice to the protection of
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the data submitted by the original patent holder from unfair commercial use as 
provicied for under Article 39.3 of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS Agreement; (Sec. 72.4, R.A. 8293a)"
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Sec. 29. Section 76 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 76.1. Civil Action for Infringement. -
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76.2. Any patentee, or anyone possessing any right, title or interest in and to the 
patented invention, whose rights have been infringed, may bring a civil action 
before the appropriate Regional Trial Court to recover from the infringer such 
damages sustained thereby, plus attorney's fees and other expenses of litigation, 
and to secure an injunction for the protection of his rights. (Sec. 76.2, R.A. 8293a)
X X X."
Sec. 30. Section 84 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 84. Criminal Action and Penalties. -
84.1 Independent of the civil and administrative remedies, persons liable for 
infringement shall, upon conviction, be punished, by imprisonment and/or fine, 
or both, at the discretion of the court, as follows:
a. Patent Infringement. - In infringement of industrial design, the offender 
shall suffer imprisonment for a period of not less than three (3) years but 
not more than five (5) years and/or a fine of not less than One hundred 
thousand pesos (PHP 100,000.00) but not more than Three hundred 
thousand pesos (PHP 300,000.00). (n)
b. Repetition of Patent Infringement. - If infringement of invention patents, 
utility models, layout-design (topographies) of integrated circuits is 
repeated by the infringer or by anyone in connivance with him after finality 
of the judgment of the court against the infringer, the offender shall suffer 
imprisonment for the period of not less than three (3) years but not more 
than five (5) years and/or a fine of not less than Five hundred thousand 
pesos (PhP 500,000) but not more than One million pesos (Php 1,000,000). 
(Sec. 84, R.A. 8293a)"
Sec. 31. Section 85 of Republic Act No. 8293 is hereby amended to read as follows:
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"Sec. 85. Voluntary License Contract. - To encourage the transfer and 
dissemination of technology, prevent or control practices and conditions that 
may in particular cases constitute an abuse of intellectual property rights, or will 
substantially prevent, restrict or lessen competition in the market and have 
adverse effect on trade, all technology transfer arrangements shall comply with 
the provisions of this Chapter. (Sec. 85, R.A. 8293a)"
Sec. 32. Section 86 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 86. Jurisdiction to Settle Disputes on Royalties. - The Director of the Bureau of 
Innovation Support and Business Development shall exercise quasi-judicial 
jurisdiction in the settlement of disputes between parties to a technology transfer 
arrangement arising from technology transfer payments, including the fixing of 
appropriate amount or rate of royalty. (Sec. 86, R.A. 8293a)"
Sec. 33. Section 87 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 87. Prohibited Clauses. - Except in cases under Section 91, the following 
provisions are prohibited from inclusion in Technology Transfer Arrangements: 
87.1. Those which impose upon the licensee the obligation to acquire from a 
specific source capital goods, intermediate products, raw materials, and other 
technologies, or of permanently employing personnel indicated by the licensor, 
except if these will be sourced locally when comparable alternatives are locally 
available and such imposition is essential for maintaining the quality of the 
products or services produced or rendered under the agreements; (Sec. 87.1, R.A. 
8293a; n)"
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87.15. Other clauses with equivalent effects, such as those which impose upon 
the licensee unreasonable post-termination non-compete covenants surviving 
more than one (1) year after termination of the technology transfer arrangement. 
The Bureau's findings and decision on the above may serve as prima facie 
evidence before the Philippine Competition Commission that the subject 
technology transfer arrangement does not violate Philippine competition laws.
(n)"
Sec. 34. Section 88 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 88. Mandatory Provisions. -
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XXX
88.3. In the event the technology transfer arrangement shall provide for 
arbitration, the venue of arbitration shall be the Philippines or any neutral 
country; and (Sec. 88.3, R.A. 8293a)
XXX.
Sec. 35. Section 91 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 91. Exceptional Cases. - In exceptional or meritorious cases where substantial 
benefits will accrue to the economy, such as high technology content, increase in 
foreign exchange earnings, employment generation, regional dispersal of 
industries and/or substitution with or use of local raw materials, or in the case 
of companies with pioneer status registered with the Board of Investments, 
exemption from any of the above requirements may be allowed by the Bureau of 
Innovation Support and Business Development after evaluation thereof on a case 
by case basis. (Sec. 91, R.A. 8293a)"
Sec. 36. Section 92 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 92. Non-Registration with the Bureau of Innovation Support and Business 
Development. - Technology transfer arrangements that conform with the 
provisions of Sections 87 and 88 need not be registered with the Bureau of 
Innovation Support and Business Development. Non-conformance with any of 
the provisions of Sections 87 and 88, however, shall automatically render the 
technology transfer arrangement unenforceable, unless said technology transfer 
arrangement is approved and registered with the Bureau of Innovation Support 
and Business Development under the provisions of Section 91 on exceptional 
cases. (Sec. 92, R.A. 8293a)"
Sec. 37. Section 101 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 101. Amendment, Cancellation, Surrender of Compulsory License. -
101.1. Upon the request of the patentee or the licensee, the Director General may 
amend the decision granting the compulsory license, upon proper showing of 
new facts or circumstances justifying such amendment. (Sec. 101.1, R.A. 8293a)
101.2. Upon the request of the patentee, the Director General may cancel the 
compulsory license:
XXX
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101.4. The Director General shall cause the amendment, surrender, or 
cancellation in the Register, notify the patentee, and/or the licensee, and cause 
notice thereof to be published in the IPO Gazette. (Sec. 101.4, R.A. 8293a)"
Sec. 38. Section 103 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 103. Transmission of Rights. -
103.1. Patents or applications for patents and invention to which they relate, shall 
be protected in the same way as the rights of other property under the New Civil 
Code of the Philippines. (Sec. 103.1, R.A. 8293a)
XXX.
Sec. 39. Section 109 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 109. Special Provisions Relating to Utility Models. -
XXX
Sec.
109.2. Sections 43 to 49 shall not apply in the case of applications for registration 
of a utility model: Provided, That applications for registration shall be published 
in the IPOPHL Gazette. Within thirty (30) days from publication, third parties 
may file with the Director a sworn adverse information citing grounds or 
information that the utility model is non-registrable. The Director shall decide 
whether or not to register the utility model application based on information or 
registrability report that the application does not comply with Section 108 of this 
Act. (n)
109.3. A utility model registration shall expire, without any possibility of 
renewal, after seven (7) years from the filing date of the application. (Sec. 109.3, 
R.A. 8293a)
XXX
109.5. Any utility model registrant, or anyone possessing any right, title or 
interest in and to the utility model invention, whose rights have been infringed, 
may bring a civil action before the appropriate Regional Trail Court, to recover 
from the infringer such damages sustained thereby, plus attorney's fees and 
other expenses of litigation, and to secure an injunction for the protection of his 
or her rights: Provided, That the complaint shall include a registrability report.
(n)"
40. Section 111 of Republic Act No. 8293 is hereby amended to read as follows:
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Sec.
"Sec. 111. Parallel Applications. -
111.1. An applicant may not file two (2) applications for the same subject, one for 
utility model registration and the other for the grant of an invention patent 
whether simultaneously or consecutively. (Sec. Ill, R.A. 8293a)
111.2. If the utility model application is granted registration, a certificate shall be 
issued to the applicant and it shall be protected as a registered utility model. The 
invention application shall be deemed withdrawn unless the applicant confirms 
and proceeds with the invention application within fifteen (15) days from the 
utility model registration, (n)
111.3. If the applicant confirms and proceeds with the invention patent 
application, the utility model registration shall be deemed cancelled upon the 
date of grant of the corresponding patent application. If the patent application is 
denied, the utility model registration remains valid unless the denial is due to 
the lack of novelty of the invention, (n)
111.4. There shall only be one protection granted at any given time and in case 
of infringement, only one cause of action shall be invoked regardless of the 
presence of two (2) applications, (n)
111.5. 
For applications involving drugs and medicines subject of parallel 
applications, the early working provision under Section 78.4 of this Act shall 
not be prejudiced, (n)"
41. Section 113 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 113. Conditions for Protection. -
XXX.
Sec. 42. Section 116 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 116. Fornialit]/ Examination. -
XXX
116.3. After the conduct of a formality examination and upon full compliance 
with the prescribed formality requirements, the application for registration shall 
be published in the IPOPHL Gazette. Within thirty (30) days from the date of 
publication, third parties may file with the Director adverse information citing 
grounds or information that the design is not new or not registrable. The Director 
shall decide whether or not to grant the layout-design registration based on such
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Sec.
information.
An applicant has the option to file a request for deferred publication 
simultaneously with the filing of the application or at any time prior to 
publication date. The maximum period allowed for the deferred publication of 
a layout-design application shall be thirty (30) months from the filing date or 
priority date of the application. In case the request for the deferred publication 
is made after the filing of the application, the allowable period for the deferred 
publication shall be the remaining time from the allowed thirty (30) months 
deferred publication period. The applicant or applicants may request for a 
specific time for the Office to publish the application: Provided, That it does not 
go beyond the allowed deferment period of thirty (30) months, (n)"
43. Section 117 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 117. Registration. -
117.1. The conditions referred to in Sec. 113 are deemed fulfilled, in the absence 
of adverse information or where an adverse information was resolved by the 
Director in favor of the applicant, the Director shall issue the registration of the 
layout-design; otherwise, it shall refuse the application.
The Director may decide whether or not to register the layout-design application 
based on information or registrability report that the application does not comply 
with Section 113 of this Act. (Sec. 117.1, R.A. 8293a; n)
XXX
117.4. The Office shall record in the register any change in the identity of the 
proprietor of the industrial design or layout-design or his representative, if proof 
thereof is furnished to it. A fee shall be paid, with the request to record the 
change in the identity of the proprietor. If the fee is not paid, the request shall be 
deemed not to have been filed. In such case, the former proprietor and the former 
representative shall remain. (Sec. 117.4, R.A. 8293a)
XXX.
Sec. 44. Section 121 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 121. Definitions. - As used in Part III, the following terms have the 
following meanings:
121.1. "Mark" means any sign or any combination of signs as may be prescribed
31


1 
by the Regulations, capable of distinguishing the goods (trademark) or services
2 
(service mark) of an enterprise and may include a stamped or marked container
3 
of goods; (Sec. 121.1, R.A. No. 8293a)
4 
XXX
5 
121.8. "Certification mark" means any sign, used or intended for use in
6 
commerce with the owner's permission by someone other than its owner, to
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certify regional or other geographic origin, material, mode of manufacture,
8 
quality, accuracy, or other characteristics of someone's goods or services, or that
9 
the work or labor on goods or services was performed by members of a group
10 
or associations, (n)"
11 
Sec. 45. Section 123 of Republic Act No. 8293 is hereby amended to read as follows:
12 
"Sec. 123. Registrability. -
13 
123.1. A mark cannot be registered if it:
14 
a. Consists of matter, which:
15 
(1) is deceptive or scandalous;
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(2) may disparage or falsely suggest a connection with living or dead persons,
17 
institutions, entities, beliefs, customs, values, or national symbols, national
18 
identity, heritage or patrimony; or
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(3) brings any of the foregoing into contempt, disrespect, or disrepute; [Sec.
20 
123.1(a), R.A. No. 8293a]
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b. Consists of the flag, coat of arms or other insignia of the Philippines or any
22 
of its political subdivisions, or of its agencies, or of any foreign nation, or
23 
of any international intergovernmental organization, or any simulation
24 
thereof; [Sec. 123.1(b), R.A. No. 8293a]
25 
c. Consists of a name, portrait or signature identifying a particular living
26 
individual except by his written consent, or the name, signature, or portrait
27 
of a deceased President of the Philippines, during the life of the surviving
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spouse, if any, except by written consent of the latter; [Sec. 123.1(c), R.A.
29 
No. 8293a]
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d. Is identical with a registered mark belonging to a different proprietor or a
31 
mark with an earlier filing or priority date, in respect of the same goods or
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services, or closely related goods or services, or nearly resembles such a
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registered mark with an earlier filing or priority date as to likely deceive or 
cause confusion; [Sec. 123.1(d), R.A. No. 8293a]
e. Is identical with, or confusingly similar to, or constitutes a translation of a 
mark which is considered by a competent authority of the Philippines to be 
well-known internationally or in the country following the criteria 
prescribed in the Regulations, whether or not it is registered here, as being 
already the mark of a person other than the applicant for registration, and 
used for identical or similar goods or services: Provided, That use of the 
mark in relation to those goods or services which are not similar to those 
with respect to which registration is applied for and that the use of such 
mark in those goods and services would indicate a connection between 
those goods or services, and the owner of the well-known mark and that 
the interests of the owner of the well-known mark are likely to be damaged 
by such use: Provided further, That in determining whether a mark is well- 
known, account shall be taken of the knowledge of the relevant sector of 
the public, rather than of the public at large, including knowledge in the 
Philippines which has been obtained as a result of the promotion of the 
mark; [Sec. 123.1(e,f), R.A. No. 8293a]
f. Is likely to mislead the public, particularly as to the nature, quality, 
characteristics or geographical origin of the goods or services; [Sec. 
123.1(g), R.A. No. 8293a]
g. Consists exclusively of signs that are generic for the goods or services that 
they seek to identify; [Sec. 123.1(h), R.A. No. 8293a]
h. Consists exclusively of signs or of indications that have become customary 
or usual to designate the goods or services in everyday language or in bona 
fide and established trade practice; [Sec. 123.1(i), R.A. No. 8293a]
i. Consists exclusively of signs or of indications that may serve in trade to 
designate the kind, quality, quantity, intended purpose, value, 
geographical origin, subject matter, time or production of the goods or 
rendering of the services, or other characteristics of the goods or services, 
except when the application for registration is for a geographical indication 
either as a collective or certification mark; [Sec. 123.1 (j), R.A. No. 8293a]
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j. Consists of shapes that may be necessitated by technical factors or by the 
nature of the goods themselves or factors that affect their intrinsic value; 
[Sec. 123.1 (k), R.A. No. 8293a]
k. Consists of color alone, unless defined by a given form; [Sec. 123.1(1), R.A. 
No. 8293a]
l. Is contrary to public order or public policy; [Sec. 123.1 (m), R.A. No. 8293a]
m. Lacks distinctiveness; or (n)
n. Impairs or dilutes the distinctiveness, or harms the reputation of a well- 
known mark, as declared by competent authority, whether registered or 
not. (n)
123.2. For the purpose of declaring a mark well-known as provided for under 
paragraphs (e) and (m) hereof, the Director General, Director of the Bureau of 
Legal Affairs, Director of the Bureau of Trademarks and judicial authorities are 
considered competent authorities in relation to their respective functions or 
jurisdictions. The Adjudication Officers are also considered competent 
authorities if an issue of well-known status of a mark is raised before them, (n)
123.3. As regards signs or devices mentioned in Section 123.1 (j), (k), and (1) 
hereof or those where the shapes of the goods themselves or portion thereof, 
their packaging, or containers are not necessitated by technical factors or those 
factors only affect their intrinsic value, nothing shall prevent the registration of 
any such sign or device which has become distinctive in relation to the goods for 
which registration is requested as a result of the use that have been made of it in 
commerce in the Philippines. The Office may accept as prima facie evidence that 
the mark has become distinctive, as used in connection with the applicant's 
goods or services in commerce, proof of substantially exclusive and continuous 
use thereof by the applicant in commerce in the Philippines for three (3) years 
before the date on which the claim of distinctiveness is made. (Sec. 123.3, R.A. 
No. 8293a)
XXX.
Sec. 46. Section 124 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 124. Requirements of Application. -
124.1. The application for the registration of the mark shall be in Filipino or in
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English and shall contain the following:
XXX
i. One or more reproductions of the mark or series marks, as prescribed in the 
Regulations; [Sec. 124.1 (i), R.A. No. 8293a]
124.2. To maintain the application or registration of the mark, it must be used on 
goods or services covered in the registration. For this purpose, the applicant or 
registrant shall file a declaration of actual use of the mark with evidence to that 
effect within:
a. three (3) years and six (6) months from the filing date of the application;
b. One (1) year from the fifth (5th) anniversary of the registration;
c. One (1) year from date of each renewal; and
d. One (1) year from the fifth (5th) anniversary of each renewal.
Otherwise, the application shall be refused or the mark shall be removed from 
the Register by the Director."
Sec. 47. Section 127 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 127. Filing Date. -
127.1. Requirements. - The filing date of an application shall be the date on which 
the Office received the following indications and elements in English or Filipino:
a. An express indication that the registration of a mark is sought;
b. The identity of the applicant;
c. Contact details of the applicant or his representative, if any;
d. A reproduction of the mark to be registered; and
e. The list of the goods or services covered by the mark to be registered. (Sec. 
127.1, R.A. No. 8293a)
127.2. Payment of the required filing fee on or immediately after the date of filing 
of the above requirements shall confirm the filing date and application number 
accorded to the application, (n)"
Sec. 48. Section 130 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 130. Signature and Other Means of Self-Identification. - 
130.1. Where a signature is required, the Office shall accept:
a. A hand-written signature; or
b. The use of other forms of signature, such as an electronic, digital, printed
35


1 
or stamped signature, or the use of a seal, instead of a hand-written
2 
signature: Provided, That where a seal is used, it should be accompanied by
3 
an indication in letters of the name of the signatory. (Sec. 130.1, R.A. No.
4 
8293a)
5 
130.2. The Office shall accept communications to it by electronic means or the
6 
latest technologies subject to the conditions or requirements that will be
7 
prescribed by the Regulations. (Sec. 130.2, R.A. No. 8293a)
8 
130.3. No attestation, notarization, authentication, legalization or other
9 
certification of any signature or other means of self-identification referred to in
10 
the preceding paragraphs, shall be required. Where the signature concerns the
11 
surrender of a registration, the request must be notarized and if notarized in
12 
another country, apostilled. (Sec. 130.3, R.A. No. 8293a)
13 
Sec. 49. Section 131 of Republic Act No. 8293 is hereby amended to read as follows:
14 
'"Sec. 131. Priority Right. -
15 
131.1. An application for registration of a mark filed in the Philippines by a
16 
person referred to in Section 3, and who previously duly filed an application for
17 
registration of the same mark in one of those countries, shall be considered as
18 
filed as of the day the application was first filed in the foreign country: Provided,
19 
That the application in the Philippines is filed within six (6) months from the date
20 
on which the application was first filed in the foreign country. (Sec. 131.1, R.A.
21 
No. 8293a)
22 
131.2. Nothing in this section shall entitle the owner of a registration granted
23 
under this section to sue for acts committed prior to the date on which his mark
24 
was registered in this country: Provided, That, notwithstanding the foregoing, the
25 
owner of a well-known mark as defined in Section 123.1(e) of this Act, that is not
26 
registered in the Philippines, may, against an identical or confusingly similar
27 
mark, oppose its registration, or petition the cancellation of its registration or sue
28 
for unfair competition, without prejudice to availing himself of other remedies
29 
provided for under the law. (Sec. 131.3, R.A. No. 8293a)
30 
131.3. In like manner and subject to the same conditions and requirements, the
31 
right provided in this section may be based upon a subsequent regularly filed
32 
application in the same foreign country: Provided, That any foreign application
36


1 
filed prior to such subsequent application has been withdrawn, abandoned, or
2 
otherwise disposed of, without having been laid open to public inspection and
3 
without leaving any rights outstanding, and has not served, nor thereafter shall
4 
serve, as a basis for claiming a right of priority. (Sec. 131.4, R.A. No. 8293a)"
5 
Sec. 50. Section 132 of Republic Act No. 8293 is hereby amended to read as follows:
6 
"Sec. 132. Application Number and Filing Date. -
1 
132.1. The Office shall examine whether the application satisfies the formalities
8 
and substantive requirements for the grant of registration. If the application does
9 
not satisfy the registration requirements, the applicant shall be given the
10 
opportunity to complete or correct the application as required, otherwise, the
11 
application shall be considered abandoned. (Sec. 132.1, R.A. No. 8293a)"
12 
Sec. 51. Section 134 of Republic Act No. 8293 is hereby amended to read as follows:
13 
"Sec. 134. Opposition. - Any person who believes that he would be damaged by
14 
the registration of a mark may, upon payment of the required fee and within
15 
thirty (30) days after the publication of the application, file with the Bureau of
16 
Legal Affairs an opposition thereto. For good cause shown and upon payment of
17 
the required surcharge, the time for filing an opposition may be extended by the
18 
Director of the Bureau of Legal Affairs, who shall notify the applicant of such
19 
extension. (Sec. 134, R.A. No. 8293a)"
20 
Sec. 52. A new Section 135A is hereby inserted after Section 135 of Republic Act No.
21 
8293 to read as follows:
22 
"Sec. 135A. Remand of Application to the Examiner. - The Examiner may again
23 
exercise jurisdiction over the application upon remand of the Director on the
24 
ground of newly discovered information or objection to the registration of the
25 
mark prior to the registration thereof and subject to the jurisdiction of the Bureau
26 
of Legal Affairs. After remand of an application, the amendment(s)
27 
recommended by the Examiner, if any, may be approved by the Director and
28 
may be made without withdrawing the allowance. The Examiner may likewise
29 
issue a subsequent action on the basis of the newly discovered information or
30 
objection, (n)"
31 
Sec. 53. Section 136 of Republic Act No. 8293 is hereby amended to read as follows:
32 
"Sec. 136. Issuance and Publication of Certificate. - When the period for filing the
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1 
opposition or appeal has expired or the decision or order granting the application
2 
has become final and executory, and upon payment by the applicant of the
3 
required fee, the Office shall issue the certificate of registration with notice
4 
thereof published in the IPOPHL Gazette. (Sec. 136, R.A. No. 8293a),,
5 
Sec. 54. Section 139 of Republic Act No. 8293 is hereby amended to read as follows:
6 
Sec. 139. Publication of Registered Marks; Inspection of Register. -
1 
139.1. XXX.
8 
139.2. Notwithstanding the provisions of Republic Act No. 10173, otherwise
9 
known as the "Data Privacy Act of 2012", and in accordance with the provisions
10 
of Executive Order No. 2, series of 2016, entitled "Operationalizing in the
11 
Executive Branch the People's Constitutional Right to Information and the State
12 
Policies to Full Public Disclosure and Transparency in the Public Service and
13 
Providing Guidelines Therefor", all official documents pertaining to a registered
14 
mark, including the application, prosecution history and declaration of actual
15 
use, shall be open to the public for inspection upon request and payment of the
16 
prescribed fee. (n)"
17 
Sec. 55. Section 140 of Republic Act No. 8293 is hereby amended to read as follows:
18 
"Sec. 140. Cancellation upon Application by Registrant; Amendment or Disclaimer of
19 
Registration. - Upon application of the registrant, the Office may permit any
20 
registration to be surrendered for cancellation, and upon cancellation the
21 
appropriate entry shall be made in the records of the Office. Upon application of
22 
the registrant and payment of the prescribed fee, the Office for good cause may
23 
permit any registration to be amended or to be disclaimed in part. (Sec. 140, R.A.
24 
No. 8293a)"
25 
Sec. 56. Section 141 of Republic Act No. 8293 is hereby amended to read as follows:
26 
"Sec. 141. Sealed and Certified Copies as Evidence. - Copies of any records, books,
27 
papers, or drawings belonging to the Office relating to marks, and copies of
28 
registrations, when authenticated by the seal of the Office and certified by the
29 
Director of the Bureau of Trademarks or in his name by an employee of the Office
30 
duly authorized by said Director, shall be evidence in all cases wherein the
31 
originals would be evidence; and any person who applies and pays the
32 
prescribed fee shall secure such copies. (Sec. 141, R.A. No. 8293a)"
38


1 
Sec. 57. Section 142 of Republic Act No. 8293 is hereby amended to read as follows:
2 
"Sec. 142. Correction of Mistakes Made by the Office. - Certificate of trademark
3 
registration may be cancelled or corrected in accordance with the Regulations.
4 
All certificates of registration heretofore issued in accordance with the
5 
Regulations and the registration to which they are attached shall have the same
6 
force and effect as if such certificates and their issuance had been authorized by
7 
this Act. (Sec. 142, R.A. No. 8293a)"
8 
Sec. 58. Section 143 of Republic Act No. 8293 is hereby amended to read as follows:
9 
"Sec. 143. Correction of Mistakes in the Trademark Registration. - Upon request of
10 
any interested person and payment of the prescribed fee, the Office is authorized
11 
to correct any formal or clerical mistake in trademark registrations not incurred
12 
through the fault of the Office. (Sec. 143, R.A. No. 8293a)"
13 
Sec. 59. Section 144 of Republic Act No. 8293 is hereby amended to read as follows:
14 
"Sec. 144. Classification of Goods and Services. -
15 
144.1. XXX.
16 
144.2. Goods or services that are in the same class are not necessarily similar. On
17 
the other hand, goocis or services that are in different classes of the Nice
18 
Classification are not necessarily dissimilar. (Sec. 144, R.A. No. 8293a)"
19 
Sec. 60. Section 145 of Republic Act No. 8293 is hereby amended to read as follows:
20 
"Sec. 145. Duration. - A certificate of registration shall remain in force for ten (10)
21 
years: from the date of registration. (Sec. 145, R.A. No. 8293a)""
22 
Sec. 61. Section 146 of Republic Act No. 8293 is hereby amended to read as follows:
23 
"Sec. 146. Renezual. - A certificate of registration may be renewed for periods of
24 
ten (10) years at its expiration upon payment of the prescribed fee and upon filing
25 
of a request. (Sec. 146.1, R.A. No. 8293a)"
26 
Sec. 62. Section 147 of Republic Act No. 8293 is hereby amended to read as follows:
27 
"Sec. 147. Rights Conferred. -
28 
147.1. Except in cases of importation of drugs and medicines allowed under
29 
Section 72.1 of this Act and of off-patent drugs and medicines, the owner of a
30 
registered mark shall have the exclusive right to prevent, prohibit, and restrain
31 
all third parties not having the owner's consent from using in the course of trade
32 
identical or similar signs or containers for goods or services which are identical
39


1 
or similar to those in respect of which the trademark is registered where such use
2 
would result in a likelihood of confusion. In case of the use of an identical sign
3 
for identical goods or services, a likelihood of confusion shall be presumed.
4 
There shall be no infringement of trademarks or tradenames of imported or sold
5 
patented drugs and medicines allowed under Section 72.1 of this Act, as well as
6 
imported or sold off-patent drugs and medicines; Provided, That said drugs and
7 
medicines bear the registered marks that have not been tampered, unlawfully
8 
modified, or infringed upon, under Section 155 of this Code. (Sec. 147.1, R. A. No.
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8293a)
10 
147.2. XXX."
11 
Sec. 63. Section 148 of Republic Act No. 8293 is hereby amended to read as follows:
12 
"Sec. 148. Lawfid Use of Indications by Third Parties. -
13 
148.1. Use of Indications of Third Parties for Purposes Other than Use of the Mark;
14 
Descriptive Fair Use. - Registration of the mark shall not confer on the registered
15 
owner the right to preclude third parties from using bona fide their names,
16 
addresses, pseudonyms, a geographical name, or exact indications concerning
17 
the kind, quality, quantity, destination, value, place of origin, or time of
18 
production or of supply, of their goods or services: Provided, That such use is
19 
confined to the purposes of mere identification or information and cannot
20 
mislead the public as to the source of the goods or services. (Sec. 148.1, R.A. No.
21 
8293a)
22 
148.2. Other Use of the Mark; Normative Fair Use. The registered owner of a
23 
protectable trademark cannot preclude third parties from nominative use of a
24 
registered mark: Provided, That the following requisites occur:
25 
a. The goods or service of the third party is not readily identifiable without
26 
the use of indication;
27 
b. That only so much of the registered trademark as is reasonably necessary
28 
to identify the product or service is used; and
29 
c. That such use does not suggest sponsorship, endorsement, or affiliation
30 
with the trademark owner, (n)"
31 
Sec. 64. Section 151 of Republic Act No. 8293 is hereby amended to read as follows:
32 
Sec. 151. Cancellation of Registration. -
40


1 
151.1. A petition to cancel a registration of a mark under this Act may be filed
2 
with the Bureau of Legal Affairs by any interested person at any time:
3 
a. If the registration was contrary to the provisions of this Act; (n)
4 
b. If the registration was obtained fraudulently; (Sec. 151.1, R.A. No. 8293a)
5 
c. If the registration was obtained in bad faith; (n)
6 
d. If the mark has been abandoned; (n)
7 
e. If the mark is being used to misrepresent the source of the goods or services
8 
on or in connection with which the mark is used; (Sec. 151.1, R.A. No.
9 
8293a)
10 
f. If the registered owner of the mark without legitimate reason fails to use
11 
the mark within the Philippines, or to cause it to be used in the Philippines
12 
by virtue of a license during an uninterrupted period of forty-two (42)
13 
months or longer; or (n)
14 
g. If the mark has become generic.
15 
If the registered mark becomes the generic name for less than all of the
16 
goods or services for which it is registered, a petition to cancel the
17 
registration for only those goods or services may be filed. A registered
18 
mark shall not be deemed to be the generic name of goods or services solely
19 
because such mark is also used as a name of or to identify a unique product
20 
or service. The primary significance of the registered mark to the relevant
21 
public rather than purchaser motivation shall be the test for determining
22 
whether the registered mark has become the generic name of goods or
23 
services on or in connection with which it has been used. (Sec. 151.1, R.A.
24 
No. 8293a)
25 
151.2. XXX."
26 
Sec. 65. Section 155 of Republic Act No. 8293 is hereby amended to read as follows:
27 
"Sec. 155. Infringing Acts. - The following acts committed without the consent of
28 
the owner, shall constitute infringement:
29 
XX X."
30 
Sec. 66. A new Section 155A is hereby inserted after Section 155 of Republic Act No.
31 
8293 to read as follows:
41


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19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
Sec.
"155A. Solidary Liability. - The following shall be held solidarily liable with the 
infringer only to the extent of civil damages suffered by the complainant:
a. One who, for profit or benefit, permits the use of the latter's premises in 
selling, offering for sale, manufacturing, or distribution of any infringing, 
counterfeit or pirated goods or content, and has been proven to have 
knowledge of such fact and participated in the infringing act of the tenants;
b. Internet service providers, domain name registries and registrars, website 
owners, online intermediaries, online platforms, social media platforms, or 
any similar entities engaged in selling, offering for sale, or making 
available to the public any infringing, counterfeit or pirated goods or 
content, who (i) fail to exercise due diligence in complying with the 
minimum requirements set by law, or (ii) fail to take down or block access 
to the infringing material or website within a reasonable time or enforce 
their policy against infringement, counterfeiting or piracy, after notice of 
the fact of infringement or counterfeiting has been given.
The concerned entity referred to in this paragraph (b) shall not be held 
liable if it is able to prove that it has exercise due diligence in ascertaining 
the accuracy and reliability of the documents or information submitted by 
the online merchant or exhibitor and that it has no knowledge of such fact 
of infringement and counterfeiting and no participation in the infringing 
and counterfeiting act. (n)"
67. Section 156 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 156. Actions, and Damages and Injunction for Infringement. -
156.1. XXX.
156.2. On application of the complainant, the court may impound during the 
pendency of the action, materials and implements primarily or predominantly 
used in the act of infringement, sales invoices and other documents evidencing 
sales. (Sec. 156.2, R.A. No. 8293a)
156.3. In cases where actual intent to mislead the public or to defraud the 
complainant is shown, the damages may be doubled in the discretion of the 
court. (Sec. 156.3, R.A. No. 8293a)
156.4. X X X."
42


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20 
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23
24
25
26
27
28
29
30
31
32
Sec. 68. Section 159 of Republic Act No. 8293 is hereby amended to read as follows: 
"'Sec. 159. Limitations to Actions for Infringement. - x x x:
159.1. Notwithstanding the provisions of Section 155 hereof, a registered mark 
shall have no effect against any person who, in good faith, before the filing date 
or the priority date, was using the mark for the purposes of his business or 
enterprise: Provided, That his right may only be used in, or transferred or 
assigned together with the existing enterprise or business or with that part of his 
enterprise or business in which the mark is used. (Sec. 159.1, R.A. No. 8293a)
XXX.
Sec.
Sec.
69. Section 161 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 161. Authority to Determine Right to Registration. - In any action involving a 
registered mark, the court or the Office may determine the right to registration 
or ownership, and if applicable, order the cancellation of a registration, in whole 
or in part, and otherwise rectify the register by the substitution of the rightful 
owner as the registrant with respect to the registration of any party to the action 
in the exercise of this right. Where the determination was made by the court, the 
judgment or order shall be certified by the court to the Director General, who 
shall cause the entry of the appropriate annotation upon the records of the 
respective Bureau, and shall be controlled thereby. (Sec. 161, R.A. No. 8293a)"
70. Section 166 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 166. Goods Bearing Infringing Marks or Trade Names. -
166.1 Imported Goods. - Imported goods, which shall copy or simulate the name of 
any domestic product, or manufacturer, or dealer, or which shall copy or 
simulate a mark registered in accordance with the provisions of this Act, or shall 
bear a mark or trade name calculated to induce the public to believe that the 
article is manufactured in the Philippines, or that it is manufactured in any 
foreign country or locality other than the country or locality where it is in fact 
manufactured, shall, upon notice and hearing, be seized and disposed of or 
destroyed. In order to aid the officers of the customs service in enforcing this 
prohibition, any person who is entitled to the benefits of this Act, may require 
that his name and residence, the name of the locality in which his goods are 
manufactured, and a copy of the certificate of registration of his mark or trade
43


1 
name, to be recorded in books which shall be kept for this purpose in the Bureau
2 
of Customs, under such regulations as the Collector of Customs with the
3 
approval of the Secretary of Finance shall prescribe, and may furnish to the said
4 
Bureau facsimiles of his name, the name of the locality in which his goods are
5 
manufactured, or his registered mark or trade name, and thereupon the Collector
6 
of Customs shall cause one (1) or more copies of the same to be transmitted to
7 
each collector or to other proper officer of the Bureau of Customs. (Sec. 166, R. A.
8 
No. 8293a)
9 
166.2. Exported Goods. Exported goods, or goods intended to be exported, which
10 
shall copy or simulate the name of any domestic product, or manufacturer, or
11 
dealer, or which shall copy or simulate a mark registered in accordance with the
12 
provisions of this Act, or shall bear a mark or trade name calculated to induce the
13 
public to believe that the article is manufactured in the Philippines, or that it is
14 
manufactured in any foreign country or locality other than the country or locality
15 
where it is in fact manufactured, shall, upon notice and hearing, be seized and
16 
disposed of or destroyed, (n)"
17 
Sec. 71. Section 167 of Republic Act No. 8293 is hereby amended to read as follows:
18 
"Sec. 167. Collective Marks and Certification Marks. -
19 
167.1. Subject to Subsections 167.2 and 167.3, Sections 122 to 164 and 166 shall
20 
aPPty 1° collective marks and certification marks, except that references therein
21 
to "mark" shall be read as "collective mark or "certification mark." (Sec. 167.1,
22 
R.A. No. 8293a)
23 
167.2.
24 
a. An application for registration of a collective mark shall designate the mark
25 
as a collective mark and shall be accompanied by a copy of the agreement,
26 
if any, governing the use of the collective mark. An application for
27 
registration of a certification mark shall designate the mark as a
28 
certification mark and shall be accompanied by a copy of the standards set
29 
by the certifier governing the use of the certification mark.
30 
b. The registered owner of a collective mark or a certification mark shall notify
31 
the Director of any changes made in respect of the agreement referred to in
32 
paragraph (a). (Sec. 167.2, R.A. No. 8293a)
44


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3
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7
8 
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14
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16
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19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
Sec.
167.3. In addition to the grounds provided in Section 149, the Office or the court 
shall cancel the registration of a collective mark or certification if the person 
requesting the cancellation proves that only the registered owner uses the mark, 
or that he uses or permits its use in contravention of the agreements referred to 
in Subsection 166.2 or that he uses or permits its use in a manner liable to deceive 
trade circles or the public as to the origin or any other common characteristics of 
the goods or services concerned. (Sec. 167.3, R.A. No. 8293a)
167.4. The registration of a collective mark or certification mark, or an application 
therefor shall not be the subject of a license contract. (Sec. 167.4, R.A. No. 8293a)"
72. Section 169 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 169. False Designations of Origin; False Description or Representation. - 
169.1. X X x:
a. X X x; or
b. In commercial advertising or promotion, misrepresents the nature, 
characteristics, sponsorship, qualities, or 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 provided in Sections 156 and 157 
of this Act by any interested person. (Sec. 169.1, R.A. No. 8293a)"
XXX.
Sec. 73. Section 170 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 170. Penalties. - Independent of the civil and administrative remedies, 
persons liable for trademark infringement, unfair competition, false designations 
of origin, or false designation or representation shall, upon conviction, be 
punished by imprisonment or fine, or both, at the discretion of the court, as 
follows:
a. imprisonment from three (3) years to five (5) years or a fine ranging from 
One hundred thousand pesos (P100,000) to Four hundred thousand pesos 
(P400,000), or both for the first offense;
b. Imprisonment from five (5) years and one (1) day to seven (7) years, or a 
fine ranging from over Four hundred thousand pesos (P 400,000.00) to Two 
million pesos (P 2,000,000.00), or both for the second offense;
c. Imprisonment from seven (7) years and one (1) day to ten (10) years, or a
45


1 
fine ranging from over Two million pesos (P 2,000,000.00) to Four million
2 
pesos (P 4,000,000.00), or both for the third and subsequent offenses;
3 
d. In cases of counterfeit goods that threaten life, public health and safety, the
4 
court shall impose the maximum penalty of ten (10) years of imprisonment
5 
or a fine of Four million pesos (P 4,000,000.00), or both, (n)
6 
Sec. 74. Section 171 of Republic Act No. 8293 is hereby amended to read as follows:
7 
"Sec. 171. Definitions. - For the purpose of Part IV of this Act, the following
8 
terms have the following meaning:
9 
XXX
10 
171.14. "Copyright" is the bundle of exclusive economic rights and moral rights;
11 
(n)
12 
171.15. "Collective Management Organization" is any entity engaged in
13 
collective management of copyright and related rights subject to the rules and
14 
regulations of the Office; 
(n)
15 
171.16. "Orphan works" are works that are still protected by copyright but
16 
whose authors or other right holders are not known or cannot be located; (n)
17 
171.17. "Right holder" refers to a person or entity who owns a copyright or
18 
related right; and
19 
171.18. "Bureau" means the Bureau of Copyright and Related Rights, (n)"
20 
Sec. 75. Section 172 of Republic Act No. 8293 is hereby amended to read as follows:
21 
"Sec. 172. Literary and Artistic Works. -
22 
172.1. Literary and artistic works, hereinafter referred to as "works", are original
23 
intellectual creations in the literary and artistic domain protected from the
24 
moment of their creation. Originality means that the work was independently
25 
created by the author. Literary and artistic works shall include in particular:
26 
XXX
27 
c. Lectures, sermons, addresses, dissertations and other works of the same
28 
nature;
29 
d. Letters and other private communications;
30 
e. Dramatic or dramatico-musical compositions; choreographic works and
31 
entertainment in pantomimes;
32 
XXX
46


1 
n. Computer programs and databases; and
2 
XXX. (Sec. 172.1, R.A. No. 8293a)
3 
172.2. Works are protected by the sole fact of their creation, without need of any
4 
formality or registration, irrespective of their mode, medium, or form of
5 
expression, as well as of their content, quality and purpose. (Sec. 172.2, R.A. No.
6 
8293a)"
7 
Sec. 76. Section 177 of Republic Act No. 8293 is hereby amended to read as follows:
8 
"Sec. 177. Economic Rights. - x x x."
9 
Sec. 77. Section 178 of Republic Act No. 8293 is hereby amended to read as follows:
10 
"Sec. 178. Rules on Copyright Ownership. -
11 
XXX
12 
178.4. In the case of a work commissioned by a person other than an employer
13 
of the author and who pays for it and the work is made in pursuance of the
14 
commission, the person who so commissioned the work shall have ownership of
15 
the work, but the copyright thereto shall remain with the creator, unless there is
16 
a written stipulation to the contrary;
17 
The foregoing notwithstanding, with respect to commissioned photographs,
18 
films and paintings intended for private use, the following rights belong to the
19 
person who commissioned the work:
20 
a. Distribution or issuance of the work to the public,
21 
b. Exhibition or display of the work in public, and
22 
c. Communication of the work in public, (n)
23 
XXX
24 
178.6. In respect of letters, the copyright shall belong to the writer subject to the
25 
provisions of Article 723 of the New Civil Code of the Philippines. (Sec. 172.2,
26 
R.A. No. 8293a)"
27 
Sec. 78. Section 179 of Republic Act No. 8293 is hereby amended to read as follows:
28 
"Sec. 179. Anonymous and Pseudonymous Works. -
29 
179.1. For purposes of this Act, the publishers shall be deemed to represent the
30 
authors of articles and other writings published without the names of the authors
31 
or under pseudonyms, unless the contrary appears, or the pseudonyms or
32 
adopted name leaves no doubts as to the author's identity, or if the author of the
47


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5
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13
14
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16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
Sec.
anonymous works discloses his identity. (Sec. 179, R.A. No. 8293a)
179.2. Exploitation of Orphan Works.
a. Where any person, despite his considerable efforts in accordance with the 
criteria as prescribed under the Rules and Regulations promulgated by the 
Bureau of Copyright and Related Rights, could not identify the owner of 
author's property rights in works being made public (except foreigner's 
works), or his place of residence, and therefore considered orphan work, is 
unable to obtain the authorization of the author for its exploitation, he may 
exploit such orphan work after obtaining the approval of the Director of 
the Bureau of Copyright and Related Rights, and depositing a sum of 
compensation money according to the criteria as determined by the latter.
b. The person who exploits an orphan work under the provision of paragraph 
(1) of this section shall indicate the fact that the exploitation is made with 
the appropriate approval and the date when the same is issued.
c. If, within one (1) year from the date of approval of the use and exploitation 
issued by of the Director of the Bureau of Copyright and Related Rights in 
accordance with the provision of this Section 199, the author or owner of 
such orphan work does not or is unable to lodge an objection to, or make a 
claim against, such use or exploitation in accordance with the prescribed 
procedures, then such owner or author of the orphan work can no longer 
lodge his objection to or claim against the use and exploitation of his work 
thereafter and this right shall be deemed forfeited.
d. The Bureau shall provide for the regular or periodic publication of the 
content of all issued licenses, (n)"
79. Section 180 of Republic Act No. 8293 is hereby amended to read as follows:
"Sec. 180. Rights of Assignee or Licensee. -
XXX
180.2. The copyright or related rights are not deemed assigned or licensed inter
vivos, in whole or in part, unless there is a written indication of such intention.
(Sec. 180.2, R.A. No. 8293a)
XXX
Sec. 80. Section 182 of Republic Act No. 8293 is hereby amended to read as follows:
48


1 
"Sec. 182. Filing of Assignment or License. - An assignment or exclusive license
2 
may be filed with the Bureau upon payment of the prescribed fee for registration
3 
in books and records kept for the purpose. Upon recording, a copy of the
4 
instrument shall be returned to the sender with a notation of the fact of record.
5 
Notice of the record shall be published in the IPOPHL Gazette. (Sec. 182, R.A.
6 
No. 8293a)"
7 
Sec. 81. Section 183 of Republic Act No. 8293 is hereby amended to read as follows:
8 
"Sec. 183. Designation of Collective Management Organizations. -
9 
183.1 The owners of copyright and related rights or their heirs may designate a
10 
society of artists, writers, composers and other right-holders to collectively
11 
manage their economic or moral rights on their behalf. (Sec. 183, R.A. No. 8293a)
12 
183.2. Mandatory Accreditation with the Office. For the said collective management
13 
organizations to enforce or license the rights they administer, they shall first
14 
secure the necessary accreditation from the Bureau of Copyright and Related
15 
Rights. The accreditation regulation shall apply to local and foreign collective
16 
management organizations and individuals or entities engaging, directly or
17 
indirectly, in any of the activities in Section 202.3 hereof in behalf of more than
18 
one right holder, but only organizations duly organized under the laws of the
19 
Philippines may be accredited to operate as a collective management
20 
organization. The Bureau of Copyright and Related Rights may impose such
21 
restrictions or limitations in the accreditation regulations as may be necessary to
22 
serve public interest.
23 
Any person may refuse the payment or remittance of royalties to a collective
24 
management organization which is not accredited. Any person may also refuse
25 
payment or remittance of royalties to a collective management organization for
26 
a rights holder if the latter is not represented by a registered member of the
27 
collective management organization. In addition, any such organization found
28 
functioning as a collective management organization without said accreditation
29 
after due notice and hearing shall be liable for an administrative fine equivalent
30 
to one hundred percent (100%) of the gross revenue it earned for the Philippine
31 
territory, or which shall in no case be less than Fifty thousand pesos (P 50,000.00)
32 
but shall not exceed One million pesos (P1,000,000.00), whichever is higher.
49


Sec.
No.
1 
2
3
4
5
6
7
8 
9
10 
11 
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27 
Sec.
28
29
30
31
32
The users who dealt with the non-accredited collective management 
organization knowing that said collective management organization is not 
accredited shall, after due notice and hearing, likewise be held solidarily liable 
for the aforementioned fine equivalent to one hundred percent (100%) of the total 
payment they have made to the said non-accredited collective management 
organization, (n)
183.3. Effect of Accreditation. - Accreditation shall authorize a local collective 
management organization to negotiate, grant licenses, collect and distribute 
royalties, and other remuneration of its members, (n)"
82. Sections 183A and 183B are hereby inserted after Section 183 of Republic Act 
8293 to read as follows:
SEC. 183A. Extended Collective Eicense. - Extended collective license may also be 
invoked by users who, within a specified field, have made an agreement on the 
exploitation of works with an accredited collective management organization 
comprising a substantial number of authors of a certain type of works which are 
used in the Philippines within the specified field. However, this does not apply, 
if the author has issued a prohibition against use of his work in relation to any 
of the contracting parties, and where the work is an "orphaned" work as 
provided in Sec. 199. (n)
SEC. 183B. Limitations to the Retention of Unclaimed Royalties. - Royalties allocated 
for right holders who have not expressly authorized the collective management 
organization to represent them shall only be retained for three (3) years from the 
date of collection. Any amounts left unclaimed or undistributed after such 
period shall be turned over to IPOPHL to fund late claims for orphan works and 
government programs or projects for the copyright and related rights sectors, 
undertaken or recommended by the Bureau of Copyright and Related Rights, (n)
83. Section 184 of Republic Act No. 8293 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
h. The use made of a work by or under the direction or control of the
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1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
Government, by the Office, the National Library or by educational, scientific or 
professional institutions where such use is in the public interest and is 
compatible with fair use; [Sec. 184.1(h), R.A. No. 8293a]
XXX
l. The reproduction or distribution, and making available to the public or works 
in an accessible format or copy for of published articles or materials in a 
specialized format exclusively for the use of the blind, or visually -impaired and 
those unable, through physical disability, to hold or manipulate a book or to 
focus or move the eyes to the extent that would be normally acceptable for 
reading. These limitations on copyright cover the changes needed to make the 
work in accessible format copies for the aforementioned beneficiaries: Provided, 
That such copies and distribution shall be made on a nonprofit basis and shall 
indicate the copyright owner and the date of the original publication. [Sec. 
184.1(1), R.A. No. 8293a]
m. The copyright in a work that is situated, otherwise than temporarily, in a 
public place, or in premises open to the public, is not infringed by the making of 
a painting, drawing, engraving, or photograph of the work or by the inclusion 
of the work in a cinematograph film or in a television broadcast. [Sec. 184.1 (m), 
R.A. No. 8293a]"
Sec. 84. Section 187 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 187. Fair Use of a Copyrighted Work. - 
Sec. 187. Reproduction for Research and Private Study. -
187.1. Notwithstanding the provisions of Section 177, and subject to the 
provisions of Subsection 187.2 hereof, the reproduction in a single copy, for 
research or private study, of a work kept in a library, museum, or other 
institution to which the public has access, shall be permitted, without the 
authorization of the owner of copyright in the work: Provided, That where the 
identity of the author of any such work or, in the case of a work of joint 
authorship, of any of the authors is known to the library, museum or other 
institution, as the case may be, the above provisions shall apply only if such 
reproduction is made at a time more than forty (40) years from the date of the 
death of the author or, in the case of a work of joint authorship, from the death
51


1 
of the last surviving author whose identity is known or, if the identity of more
2 
authors than one is known from the death of such of those authors who dies last.
3 
(Sec. 187.1, R.A. No. 8293a)
4 
187.2. The permission granted under Subsection 187.1 shall not extend to the
5 
reproduction of:
6 
a. A work of architecture in the form of building or other construction;
7 
b. A compilation of data and other materials; [Sec. 187.2(c), R.A. No. 8293a]
8 
c. A computer program except as provided in Section 189; and [Sec. 187.2(d),
9 
R.A. No. 8293a]
10 
d. Any work in cases where reproduction would unreasonably conflict with
11 
a normal exploitation of the work or would otherwise unreasonably
12 
prejudice the legitimate interests of the author. [Sec. 187.2(e), R.A. No.
13 
8293a]"
14 
Sec. 85. Section 188 of Republic Act No. 8293 is hereby amended to read as follows:
15 
Sec. 188. Reprographic Reproduction by Libraries -
16 
XXX
17 
188.3. Notwithstanding Section 177 (a) of this Act, a library may create a digital
18 
reproduction of a work and lend out the secured digital reproduction to one
19 
valid user at a time: Provided, That the library shall -
20 
a. own a legal copy or copies of the work;
21 
b. maintain a corresponding ratio of legal copies of the work to the copies of
22 
the work lent, such that, at any given time, it shall not lend more physical
23 
and digital copies than the number of the copies it legally owns; and
24 
c. use technological measures to ensure that the digital file cannot be copied
25 
or redistributed, (n)"
26 
Sec. 86. A new Section 189A is hereby inserted after Section 189 of Republic Act No.
27 
8293 to read as follows:
28 
"Sec. 189A. Prohibition on Importation and Exportation of Copyrighted Works.
29
30 
189A.1 Notwithstanding the provision of Section 196 (c) of this Act, but subject
31 
to the limitation under Section 204.2 hereof and the provisions of Republic Act
32 
No. 10863, otherwise known as the "Customs Modernization and Tariff Act", the
52


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5
6
7
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9
10
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16
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Sec.
importation or exportation of a copy of a work by an individual for personal 
purposes shall be permitted without the authorization of the author of, or other 
owner of copyright in, the work under the following circumstances:
a. Wlien copies of the work are not available in the Philippines: and
(1) Not more than one (1) copy at one time is imported for strictly 
individual use only; or
(2) The importation is by authority of and for the use of the Philippine 
Government; or
(3) 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 education society or institution duly incorporated 
or registered, or is for the encouragement of the fine arts, or for any school, 
college, university or free library in the Philippines.
b. When such copies form parts of libraries and personal baggage belonging 
to persons or families arriving from or leaving for foreign countries and are 
not intended for sale: Provided, That such copies do not exceed three (3). (n)
189A.2 Copies imported as allowed by this Section may not lawfully be used in 
any way to violate the rights of the owner of the copyright or annul or limit the 
protection secured by this Act, and such unlawful use shall be deemed an 
infringement and shall be punishable as such without prejudice to the 
proprietor's right of action, (n)
189A.3. Infringing Works.- Subject to the provisions of Republic Act No. 10863, 
infringing works under Section 209.2 hereof shall include works for import, for 
export, in transit or being transshipped within the Philippines, (n)"
87. Section 190 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 190. Importation and Exportation of Infringing Materials. - Subject to the 
provisions of RA No. 10863, and upon the approval of the Secretary of Finance, 
the Commissioner of Customs is hereby empowered to promulgate rules and 
regulations for preventing the importation or exportation or transshipment of 
infringing articles prohibited under Part IV of this Act and under relevant treaties 
and conventions to which the Philippines may be a party and, upon notice and 
hearing, for seizing and condemning and disposing of the same. (Sec. 190, R.A.
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No. 8293a)"
2 
Sec. 88. The title of Chapter IX is hereby amended to read "REGISTRATION AND
3 
DEPOSIT"
4 
Sec. 89. Section 191 of Republic Act No. 8293 is hereby amended to read as follows:
5 
"Sec. 191. Transfer of Powers from the National Library and the Supreme Court
6 
Library to Bureau of Copyright and Related Rights. -
7 
191.1 The powers, duties and functions vested in, or performed and exercised
8 
by, the National Library and the Supreme Court Library in connection with the
9 
registration of copyrights are hereby transferred to the Bureau of Copyright
10 
and Related Rights, (n)
11 
191.2. At any time during the subsistence of the copyright, the owner or owners
12 
of the copyright or of any exclusive right in the work may, register and deposit
13 
the works with the Bureau in such manner and form as may be prescribed in
14 
accordance with regulations. Such registration and deposit is not a condition of
15 
copyright protection. (Sec. 191, R.A. No. 8293a)
16 
191.3. Cancellation of Certificate of Registration and Deposit. -
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a. A certificate of registration and deposit shall be cancelled by the Bureau of
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Copyright and Related Rights by virtue of a final order or decision of the
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Director of the Bureau of Legal Affairs, or the Director General, or of the
20 
appropriate court, pursuant to which a new certificate may be issued.
21 
b. Upon submission of any instrument or deed transferring, assigning, or
22 
conveying the copyright ownership, the existing certificate shall be
23 
cancelled and a new one issued, (n)"
24 
Sec. 90. A new Section 195A is hereby inserted after Section 195 of Republic Act No.
25 
8293 to read as follows:
26 
"Sec. 195A. Non-transferability of Moral Rights. - Moral rights shall not be
27 
assignable or subject to license, (n)"
28 
Sec. 91. Section 198 of Republic Act No. 8293 is hereby amended to read as follows:
29 
"Sec. 198. Term of Moral Rights. -
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198.1. The rights of an author under Section 193.1. shall last in perpetuity while
31 
the rights under Sections 193.2. 193.3. and 193.4. shall be coterminous with the
32 
economic rights. The person or persons to be charged with the posthumous
54


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enforcement of these rights shall be named in a written instrument which shall
2 
be filed with the Bureau.
3 
In default of such person or persons, such enforcement shall devolve upon either
4 
the author's heirs, and in default of the heirs, the Director of the Bureau. (Sec.
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198.1, R.A. No. 8293a)
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198.2. For purposes of this Section, "Person" shall mean any individual,
7 
partnership, corporation, association, or society. The Director of the Bureau may
8 
prescribe reasonable fees to be charged for his services in the application of
9 
provisions of this Section. (Sec. 198.2, R.A. No. 8293a)"
10 
Sec. 92. Section 199 of Republic Act No. 8293 is hereby amended to read as follows:
11 
"Sec. 199. Enforcement Remedies. - Violation of any of the rights conferred by this
12 
Chapter shall entitle those charged with their enforcement to the same rights and
13 
remedies available to a copyright owner. In addition, damages which may be
14 
availed of under the New Civil Code of the Philippines may also be recovered.
15 
Any damage recovered after the creator's death shall be held in trust for and
16 
remitted to his heirs, and in default of the heirs, shall belong to the government.
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(Sec. 199, R.A. No. 8293a)"
18 
Sec. 93. Section 200 of Republic Act No. 8293 is hereby amended to read as follows:
19 
"Sec. 200. Sale or Lease of Work. -
20 
200.1. XXX
21 
200.1. Liability to Pay Resale Royalty. - Payment of resale royalty shall be made
22 
by the seller to the author or his heirs, within sixty (60) days from the date of sale
23 
or lease of the work, (n)
24 
200.2. For purposes of monitoring the implementation of this particular
25 
provision, there is hereby created a National Registry of Qualified Works to be
26 
maintained by the Bureau of Copyright and Related Rights. This registry shall
27 
provide the means for the enrollment and registration of works qualified for the
28 
application of resale right. It shall also serve as the repository of information on
29 
the author or his heirs, for purposes of remittance of the resale royalty. Auction
30 
houses, art galleries, art salesrooms, or any dealers of works of art are required
31 
to report compliance with payment of the resale royalty to the Bureau of
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Copyright and Related with regularity and in such periods as may be provided
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by regulations to be issued for this purpose, (n)7'
2 
Sec. 94. Section 202 of Republic Act No. 8293 is hereby amended to read as follows:
3 
Sec. 202. Definitions. - For the purpose of this Act, the following terms shall
4 
have the following meanings:
5 
XXX
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202.4. "Fixation" is the embodiment of sounds, or of moving immages, or of the
7 
representations thereof, from which they can be perceived, reproduced or
8 
communicated through a device; (Sec. 202.4, R.A. No. 8293a)
9 
XXX
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202.6. "Publication of a fixed performance or a sound recording" is the offering
11 
of copies of the fixed performance or the sound recording to the public, with the
12 
consent of the right holder: Provided, That copies are offered to the public in
13 
reasonable quantity; (Sec. 202.6, R.A. No. 8293a)
14 
202.7. "Broadcasting" is the transmission by wireless means for the public
15 
reception of sounds or of images or of representations thereof; such transmission
16 
by satellite is also "broadcasting"; transmission of encrypted signals is
17 
broadcasting where the means for decrypting are provided to the public by the
18 
broadcasting organization or with its consent; (Sec. 202.7, R.A. No. 8293a)
19 
202.8. "Broadcasting organization" is a natural person or a juridical entity duly
20 
authorized to engage in broadcasting; (Sec. 202.8, R.A. No. 8293a)
21 
202.9. "Communication to the public of a performance or a sound recording" is
22 
the transmission to the public, by any medium, otherwise than by broadcasting,
23 
of an unfixed performance, or of a performance fixed in an auciiovisual fixation,
24 
or of the representation of sounds fixed in a sound recording. For purposes of
25 
Section 209, "communication to the public" includes the making of a performance
26 
fixed in an audiovisual fixation audible and visible to the public; and (Sec. 202.9,
27 
R.A. No. 8293a)
28 
202.10. "Rebroadcasting" is the simultaneous broadcasting by one broadcasting
29 
organization of the broadcast of another broadcasting organization, (n)
30 
Sec. 95. Section 203 of Republic Act No. 8293 is hereby amended to read as follows:
31 
"Sec. 203. Scope of Performers' Rights. - Subject to the provisions of Section 212,
32 
performers shall enjoy the following exclusive rights:
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203.2. The right of authorizing the direct or indirect reproduction, in any manner 
or form of their performances fixed in sound recordings or audiovisual works or 
fixations; (Sec. 203.2, R.A. No. 8293a)
203.3. The right of authorizing the first public distribution of the original and 
copies of their performance fixed in the sound recordings or audiovisual works 
or fixations through sale or other forms of transfer of ownership; (Sec. 203.3, R.A. 
No. 8293a)
XXX.
Sec.
96. Section 204 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 204. Moral Rights of Performers. -
204.1. XXX.
204.2. The right to be identified as the performer in accordance with Subsection 
203.1 shall last in. The person or persons to be charged with the posthumous 
enforcement of all the rights under Section 204.1 hereof shall be named in a 
written instrument which shall be filed with the Bureau of Copyright and 
Related Rights.
In default of such person or persons, such enforcement shall devolve upon either 
the author's heirs, and in default of the heirs, the Bureau."
97. Section 205 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 205. Limitation on Right. - Subject to the provisions of Section 206, once the 
performer has authorized the broadcasting or fixation of his performance, the 
provisions of Sections 203 shall have no further application. (Sec. 205.1, R.A. No. 
8293a)"
98. Section 206 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 206. Additional Remuneration for Subsequent Communications or Broadcasts. - 
Performers shall have an inalienable right to participate in the gross proceeds of 
subsequent commercial use or communication to the public of his performance, 
to the extent of five percent (5%), as additional remuneration. (Sec. 206, R.A. No. 
8293a)"
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Sec. 99. Section 208 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 208. Scope of Right. - Subject to the provisions of Section 212, producers of 
sound recordings shall enjoy the following exclusive rights:
208.1. The right to authorize the direct or indirect reproduction of their sound 
recordings, in any manner or form; (Sec. 208.1, R.A. No. 8293a)
208.2. The right to authorize the first public distribution of the original and 
copies of their sound recordings through sale or other forms of transferring 
ownership; and (Sec. 208.2, R.A. No. 8293a)"
XXX.
Sec. 100. Section 211 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 211. Scope of Right. - Subject to the provisions of Section 212, broadcasting 
organizations shall enjoy the exclusive right to carry out, authorize or prevent 
any of the following acts:
211.1. X X x;
211.2. The fixation of the broadcast for the purpose of communication to the 
public; and (Sec. 211.2, R.A. No. 8293a)
211.3. The use for fresh transmissions of the fixated broadcast or the 
reproduction of the fixated broadcast. (Sec. 211.3, R.A. No. 8293a)"
Sec. 101. New Sections 216A and 216B are hereby inserted after Section 216 of Republic 
Act No. 8293 to read as follows:
"Sec. 216A. Preventive Action on Online Infringement. - Unless otherwise provided 
by law, or unless otherwise ordered by the appropriate court of law, the IPOPHL 
shall have the power to order, after due notice and hearing, to disable access to 
an online location to prevent further access to an online location, the primary 
purpose or primary effect of which is to infringe copyright or facilitate copyright 
infringement.
The copyright owner or the rights holder, hereinafter referred to as the "eligible 
party," may submit an application to the intellectual property office to order the 
disabling of access to any infringing online location identified in the application. 
The application to the intellectual property office shall be submitted by 
completing in its entirety the forms and documentation as requested by the 
intellectual property office to allow the intellectual property office to establish
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that the party filing the application is an eligible party, or is authorised to file the 
application on behalf of an eligible party and verify through evidence that the 
subject of the order applied for is an infringing online location.
For purposes of this chapter, "online location" shall refer to any single or 
collection of related web pages accessible by a user through a domain, IP 
address, or uniform resource locator (URL), or a specific domain, IP address, or 
uniform resource locator (URL) which serves to operate, in whole or in part, an 
application on the internet, (n)
Sec. 216B. Procedure of Inquiry for Preventive Action. - the IPOPHL shall formulate 
the procedure of inquiry for preventive action on online infringement, according 
to the following standards:
(1) Minimum requirements of the application for action by an eligible party. The 
application shall indicate: the fact that, and the manner by which, the infringing 
online location is accessible; and other matters which the IPOPHL may take into 
account, including:
(1) whether the online location makes available or contains directories, indexes 
or categories of the means to infringe, or facilitate an infringement of, copyright;
(ii) whether the owner or operator of the online location demonstrates a 
disregard for copyright generally; or
(iii) whether access to the online location has been disabled by orders from any 
court of another country or territory on the ground of or related to copyright 
infringement.
(2) One application may be submitted for multiple infringing online locations, 
and the requirements of this section must be met and set out in the application.
(3) The internet service providers must comply with the disabling orders within 
48 hours of the issuance of the disabling order and must disable the identified 
infringing online locations by implementing an effective technical measure, or a 
measure undertaken by the internet service provider to disable or prevent access 
to an infringing online location, and may include domain name system (DNS) 
blocking, IP blocking, URL blocking, server name indicator blocking, or other 
means.
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(4) The IPOPHL, may at any time, during the operation of the orders notify the 
internet service providers should it become aware that any infringing online 
location is accessed from an additional online location, including one that 
appears to be associated with any infringing online location based on its name, 
branding or the identity of its operator, and make such different online location 
subject to the orders, (n)"
Sec. 102. Section 211 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 217. Criminal Penalties. -
217.1. Independent of the civil and administrative remedies, persons liable for 
willful infringement shall, upon conviction, be punished, by imprisonment or 
fine, or both, at the discretion of the court, as follows:
a. Imprisonment of three (3) years to five (5) years, or a fine ranging from One 
hundred thousand pesos (PI00,000) to Three hundred thousand pesos 
(P300,000) for the first offense.
b. Imprisonment from five (5) years and one (1) day to seven (7) years or a 
fine ranging from Three hundred thousand pesos (P300,000) to One million 
pesos (P1,000,000) for the second offense.
c. Imprisonment from seven (7) years and one (1) day to ten (10) years or a 
fine ranging from One million pesos (PI,000,000) to Three million pesos 
(P3,000,000) for the third and subsequent offenses.
d. In all cases, subsidiary imprisonment in cases of insolvency. (Sec. 217.1, 
R.A. No. 8293a)
X X X."
Sec. 103. Section 219 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 219. Presumption of Authorship. -
XXX.
219.2. The person or body corporate whose name appears on an audiovisual 
work or sound recording in the usual manner shall, in the absence of proof to 
the contrary, be presumed to be the maker of said work or the producer of said 
sound recording. (Sec. 219.2, R.A. No. 8293a)"
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Sec. 104. Section 222 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 222. Points of Attachment for Performers. - The provisions of this Act shall be 
extended to:
XXX
Sec.
Sec.
Sec.
Sec.
222.2. Performers who are not nationals of the Philippines subject to any of the 
following conditions:
a. Performance takes place in the Philippines; or
b. Performance is incorporated in sound recordings or in audiovisual 
fixations that are protected under this Act; or
c. Performance which has not been fixed in sound recording or in audiovisual 
fixations but are carried by broadcast qualifying for protection under this 
Act. (Sec. 222.2, R.A. No. 8293a)
105. Section 225 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 225. Jurisdiction. - Civil or administrative actions under Chapter VIII of Part 
II, Chapters VI and VII of Part IV and Chapter XVIII of Part V of this Act shall be 
cognizable by the Regional Trial Courts or by the Office and other administrative 
agencies with appropriate jurisdiction under existing laws. (Sec. 225, R.A. No. 
8293a)"
106. Section 227 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 227. Ownership of Deposit and Instruments. - All copies deposited and 
instruments in writing filed with the Bureau in accordance with the provisions 
of this Act shall become the property of the Government. (Sec. 227, R.A. No. 
8293a)"
107. Section 228 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 228. Public Records. - The section or division of the Bureau charged with 
receiving copies and instruments deposited and with keeping records required 
under this Act and everything in it shall be opened to public inspection. The 
Bureau Director is empowered to issue such safeguards and regulations as may 
be necessary to implement this Section. (Sec. 228, R.A. No. 8293a)
108. Section 229 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 229. Compulsory License on Copyright. - The Philippines shall by proper
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compliance with the requirements set forth under the Appendix of the Berne 
Convention (Paris Act, 1971) avail itself of the special provisions regarding 
developing countries, including provisions for licenses grantable by competent 
authority under the Appendix and as may be prescribed by the Regulations. (Sec. 
229, R.A. No. 8293a)"
Sec. 109. Section 230 of Republic Act No. 8293 is hereby amended to be part of Part V
(Final Provisions) and to read as follows:
"Sec. 230. Adoption of Intellectual Property (IP) Policies. - Schools and universities, 
research and development institutions and public entities shall adopt intellectual 
property policies and programs that would govern the use and creation of 
intellectual property with the purpose of safeguarding the intellectual creations 
of the learning institution and its employees, and adopting locally-established 
industry practice fair use guidelines. Similarly, private entities are encouraged to 
adopt intellectual property policies. These policies may be developed in relation 
to licensing agreements entered into for purposes of implementing the state 
policies under this Act. (Sec. 230, R.A. No. 8293a)"
Sec. 110. A new Section 231A is hereby inserted after Section 231 of Republic Act No.
8293 to read as follows:
"Sec. 231 A. Revocatioji of Business Permit, License, or Authority. -The appropriate 
agency, including local government units, upon recommendation of the Office, 
may cancel, revoke, or suspend any business permit, license or authority of any 
person, natural or juridical, who refuses or fails to comply with the decision or 
order of the Director General or of any Bureau or Office of the Intellectual 
Property Office of the Philippines, (n)"
Sec. 111. Section 233 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 233. Appeals. -
233.1. Appeals from decisions of Regional Trial Courts shall be governed by the 
Rules of Court. Unless restrained by a higher court, the judgment of the Regional 
Trial court shall be executory even pending appeal under such terms and 
conditions as the court may prescribe. (Sec. 233, R.A. No. 8293a)"
XXX.
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Sec. 112. Section 234 of Republic Act No. 8293 is hereby amended to read as follows 
"Sec. 234. Organization of the Office; Exemption from the Salary Standardization Lazo 
and the Attrition Lazo -
234.1. The Office shall not be subject to the provisions of Republic Act. No. 7430. 
(Sec. 234, R.A. No. 8293a)
234.2. The Office shall institute its own compensation structure: Provided, That 
the Office shall make its own system to conform as closely as possible with the 
principles provided for under Republic Act No. 6758, as amended. (Sec. 234, R.A. 
No. 8293a)"
Sec. 113. Section 235 of Republic Act No. 8293 is hereby deleted and the succeeding 
provisions are renumbered accordingly. The new Section 235 shall read as follows: 
"Sec. 235. Applications Pending on Effective Date of Act - Notwithstanding the 
repeals under this Act, all pending applications for the grant of patents and 
registration of utility models, layout designs of integrated circuits, trademarks 
and industrial designs filed and processed, granted or registered under the 
previous acts shall be proceeded and prosecuted under said laws unless the 
applicant opts the same to be processed, granted or registered under this Act. 
Likewise, all existing grants and registrations under the same act shall continue 
to be enforced, (n)"
Sec. 114. Section 236 of Republic Act No. 8293 is hereby amended to read as follows: 
"Sec. 236. Preservation of Existing Rights. - Nothing herein shall adversely affect 
the rights on the enforcement of rights in patents, utility models, industrial 
designs, marks and works, acquired in good faith prior to the effective date of 
this Act. (Sec. 237, R.A. No. 8293a)"
Sec. 115. Sections 238 to 240 of Republic Act No. 8293 are hereby deleted and the 
succeeding provisions are renumbered accordingly. The new Section 238 shall read as 
follows:
"Sec. 238. Public Domain. - 238.1. Patents, utility models, layout designs, 
industrial designs and copyright shall belong to the public domain pursuant to 
the relevant sections of Part II - Law on Patents, Part IV- Law on Trademarks, 
and Part V- Copyright and Related Rights of this Act. (n)
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238.2. The Bureau of Innovation Support and Business Development shall create 
immediately and maintain an updated digital registry of all works, inventions, 
industrial and lay-out designs that has become part of the public domain. The 
public shall have access to the registry subject to the payment of reasonable fees.
(n)
238.3. The Bureau of Copyright and Related Rights shall create immediately and 
maintain an updated digital registry of all copyright works that has become part 
of the public domain, (n)"
Sec. 116. The new Section 239 shall read as follows:
"Sec. 239. The contents of the registries, and the public's access thereto subject to 
payment of reasonable fees, shall be prescribed in the Implementing Rules and 
Regulations, (n)"
Sec. 117. The new Section 240 shall read as follows:
"Sec. 240. Separability. - If any portion or provision of this Act is subsequently 
declared invalid or unconstitutional, other provisions hereof, which are not 
affected thereby shall remain in full force and effect. (Sec. 241, R. A. No. 8293a)" 
Sec. 118. The new Section 241 shall read as follows:
"Sec. 241. Repealing Clause. -
241.1. Republic Act No. 165, entitled "An Act Creating a Patent Office, 
Prescribing Its Powers and Duties, Regulating the Issuance of Patents, and 
Appropriating Funds Therefor", as amended; Republic Act No. 166, entitled "An 
Act to Provide for the Registration and Protection of Trade-Marks, Trade-Names 
and Service-Marks, Defining Unfair Competition and False Marking and 
Providing Remedies Against the Same, and for Other Purposes", as amended; 
Articles 188 and 189 of Act No. 3815, otherwise known as the "Revised Penal 
Code", as amended; Presidential Decree No. 49, series of 1972, entitled "Decree 
on the Protection of Intellectual Property", and Presidential Decree No. 285, 
series of 1973, entitled "Authorizing the Compulsory Licensing or Reprinting of 
Educational, Scientific or Cultural Books and Materials as a Temporary or 
Emergency Measure Whenever the Prices Thereof Become So Exorbitant as to be 
Detrimental to the National Interest", as amended, are hereby repealed, (n)
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241.2. Republic Act No. 8293, otherwise known as the "Intellectual Property 
Code of the Philippines", as amended by Republic Act No. 9150, Republic Act 
No. 9502 and Republic Act No. 10372, is hereby repealed, (n)
241.3. Executive Order No. 736, series of 2008, entitled "Institutionalizing 
Permanent Units to Promote, Protect and Enforce Intellectual Property Rights 
(IPR) in Different Law Enforcement and Other Agencies under the Coordination 
of the National Committee on Intellectual Property Rights (NCIPR)", is hereby 
amended accordingly, (n)
241.4. All other laws, presidential decrees or issuances, executive orders, letters 
of instruction, administrative orders, rules and regulations or parts thereof which 
are contrary or inconsistent with any provisions of this act are hereby repealed 
or amended accordingly, (n)
Approved,
65