,-
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENAlll 
S.No. 
1~18 
-~~-~-~~-~----~~----------------;(; 
!V 
Introduced by Senator Miriam Defensor Santiago 
"-~'----
'" 
EXPLANATORY NOTE 
The intellectual property generated by Government-funded research represents a great 
opportunity to return social and economic value to taxpayers in return for public investment in 
research. The public interest in research outcomes needs to be protected both by the Government 
and by the beneficiaries of such awards, including research bodies that are the grant recipients. 
The application and utilization of the results of research grants can playa significant role in 
the development of new consumer and industrial products, of new industrial processes, and in 
the enhancement of the productivity and competitiveness of business 
involved 
in 
the 
production of existing products. 
It is believed that the Government needs to manage its intellectual property effectively 
so that it is best utilized for the benefit of the Government, the taxpayers, and the private sector. 
It is submitted that agency and public authority policies should be appropriately formed and 
upheld in practice to ensure all participants in research and in commercialization of research 
discoveries understand their obligations and responsibilities. 
This bill seeks to create an Intellectual Property Asset Management Advisory Council to 
recommend to the President how the Government should treat Government-owned intellectual 
property created under Government contracts, grants, and agreements in order to maximize their 
social and economic value to taxpayers.' 
* This bill was originally filed during the Thirteenth Congress, Third Regular Session. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SEN4T~ 
S. No. 
.L018 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
10 
,jUL 21 
f~§ t:f~V!'-(-'? 8V 
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.J 
2 
CREATING THE INTELLECTUAL PROPERTY ASSET MANAGEMENT COUNCIL 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Intellectual Property Asset 
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Management Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to promote the general 
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welfare of the people. Pursuant to this policy, the State shall create an Intellectual Property Asset 
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Management Advisory Council to recommend to the President the manner by which the 
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Government should treat Government-owned intellectual property created under Government 
9 
contracts, grants, and agreements in order to maximize their social and economic value to 
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taxpayers. 
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SECTION 3. Definition of Terms. - As used in this Act, the term: 
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(A) "Patentable inventions" means inventions that fall within the scope of patentable 
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subject matter under the Intellectual Property Code of the Philippines, but are not yet the subject 
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of an issued patent. 
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(B) "Patented inventions" means those rights reflected in subsisting paten.ts issued by 
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Philippine Government, as well as the governments of those countries who are signatories to 
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treaties regarding intellectual property which have ratified by the Philippines. 
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(C) "Government-owned intellectual property rights" means any and all intellectual 
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property that is owned by the government, including all trademarks and service marks, 


collective marks and certification marks, all copyrights, all 
trade 
secrets, 
all 
patentable 
2 
inventions, and all patented inventions. 
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(D) "President" means the President ofthe Republic of the Philippines. 
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SECTION 4. The Intellectual Property Asset Management Advisory Council. - There is 
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hereby created the Intellectual Property Asset Management Advisory Council to develop 
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recommendations to the President on how the Government should treat Government-owned 
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intellectual property created under Government contracts, grants, and agreements. 
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The Council shaH consist often (10) members to be appointed as follows: 
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(A) One (I) shall be the Secretary of Trade and Industry, who shall also be the 
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Chairperson of the Council. 
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(B) One (I) shall be the Secretary of Science and Technology. 
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(C) One (I) shall be the Chairman of the National Economic Development Authority; 
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(D) Two (2) shall be a representative of State colleges and universities. 
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(E) Two (2) shall be a representative of private colleges and universities. 
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(F) Three (3) shaH be representative of the private sector. 
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The representatives educational and private sector shall be individuals with outstanding 
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knowledge and leadership in one of the following fields: high-risk venture investments in new 
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scientific or technological businesses or ,new scientific or technological product development; 
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professional and business services with more than ten years of experience in the licensing of 
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intellectual property; patent, trademark, copyright, and trade secrets law of the Governments; 
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international patent law including patent cooperation treaties; or university technology transfer 
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and commercialization. 
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SECTION 5. Terms of Office. - All members of the advisory Council shall serve for a 
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term of two (2) years or until such time as the Council has completed its recommendations to the 
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President. 
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Notwithstanding any inconsistent provision of any general, special or local law, 
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ordinance, resolution or charter, no officer, member or employee of the Government or of any 
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public corporation shall forfeit his or her office or employment by reason of his or her 
2 


• 
acceptance of appointment as a Member of the Advisory Council, nor shall service on the 
2 
Council be deemed incompatible or in conflict with such office or employment. 
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SECTION 6. Provision for Actual and Necessmy Expenses. - The members of the 
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advisory council shall receive no compensation for their services, but shall be reimbursed for the 
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actual and necessary expenses incurred by them in the performance oftheir duties under this Act. 
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SECTION 7. Meetings. - The Advisory Council shall meet regularly and at least four 
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times per year. Special meetings may be called by the Chairperson of the Council and shall be 
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called by him or her at the request of any of its members. 
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SECTION 8. Recommendations to and Reports for the President. -
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(A) The advisory council shall submit its recommendations in writing to the President 
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within six (6) months after the first meeting of all ten members. The Council's recommendations 
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shall include, but not be limited to, the following: 
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(1) Whether all, none, or some of the rights arising out of the creation of 
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intellectual property should be dedicated to the public domain. 
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(2) The manner why which the Government should maximize the protection of 
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intellectual property that it owns. 
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(3) The manner by which Government employees and officials should be made 
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aware of the obligations, restrictions, requirements, and opportunities 
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regarding the protection and management of Government-owned intellectual 
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property. 
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(4) The manner by which Government employees and officials should be 
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informed on disclosure and whether a uniform system of disclosure should be 
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developed and implemented. 
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(5) The actions that are being taken by Government agencies, authorities, boards, 
25 
and commissions to manage Government-owned intellectual property. 
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to: 
(6) The manner by which ownership rights should be determined when 
intellectual property is created by Government employees in the course of 
their Government employment. 
(E) The Council shall also submit reports to the President providing guidance on how 
(1) Promote the utilization of intellectual property arising from Government-
supported contracts, grants, and agreements. 
(2) Encourage maximum participation of small-business firms in licensing 
Govemment-owned intellectual property. 
(3) Promote collaboration between commercial concerns and Government entities 
in commercializing Government-owned intellectual property. 
(4) Ensure that there are mechanisms in place that allow the Government to obtain 
certain minimal rights in Government-supported intellectual property to meet 
the needs of the Government and protect the public against nonuse or 
unreasonable use of such intellectual property. 
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SECTION 9. Separability Clause. - If any provision or part hereof, is held invalid or 
17 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
18 
valid and subsisting. 
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SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
20 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
21 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION II. Effectivity Clause. - This Act shall take effect fifteen (I5) days after its 
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publication in at least two (2) newspapers-of general circulation. 
Approved. 
4