SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
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Second Regular Session 
) 
'14 JUl.-1 P2:19 
SENATE 
S.No. 2296 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
CREATING THE INTELLECTUAL PROPERTY ASSET MANAGEMENT 
ADVISORY COUNCIL 
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. Government needs to manage its intellectual property effectively so that it is best 
utilized for the benefit of tbe government, the taxpayers, and the private sector. 
This bill seeks to create an Intellectual Property Asset Management Advisory Council to 
recommend to the President how to manage government-owned intellectual property created 
under government contracts, grants, and agreements in order to maximize their social and 
economic value to taxpayers.' 
~ 
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.D.~ 
MIRIAM DEFIWsO'tSxifffA.fb-
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• This bill was originally filed during the Thirteenth Congress, Third Regular Session. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 
2296 
Introduced by Senator Miriam Defensor Santiago 
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"14 Jl -1 
P2 :19 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
AN ACT 
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CREATING THE INTELLECTUAL PROPERTY ASSET MANAGEMENT 
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ADVISORY COUNCIL 
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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. 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 patents issued by 
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the 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, 
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collective marks and certification marks, all copyrights, all trade secrets, all patentable 
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inventions, and all patented inventions. 
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(D) 
"President" means the President of the Republic of the Philippines. 
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SECTION 3. The Intellectual Property Asset Management Advisory Council. - There is 
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hereby created the Intellectual Property Asset Management Advisory Council to make 
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recommendations to the President on the management, storage, preservation, and utilization of 


government-owned intellectual property created under government contracts, grants, and 
2 
agreements. 
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The council shall consist of seven (7) members, as follows: 
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(A) 
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Council; 
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(B) 
(C) 
(D) 
(E) 
(F) 
Secretary of Trade and Industry, who shall serve as the chairperson of the 
Secretary of Science and Technology; 
Director General of the Intellectual Property Office; 
Two (2) representatives from State colleges and universities; 
A representative from private colleges and universities; and 
A representative from the private sector. 
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The representatives from the educational and private sectors shall be individuals with 
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outstanding knowledge and leadership in any of the following fields: high-risk venture 
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investments in new scientific or technological businesses; new scientific or technological product 
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development; intellectual property law; international patent law, including patent cooperation 
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treaties; or university technology transfer and commercialization. 
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SECTION 4. Term. - All members of the advisory council shall serve for a term of two 
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(2) years or until such time as the council has completed its recommendations to the President. 
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SECTION 5 Actual and Necessary Expenses. - The members of the advisory council 
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shall receive no compensation for their services, but shall be reimbursed for the actual and 
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necessary expenses incurred by them in the performance of their duties under this Act. 
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SECTION 6. Meetings. - The advisory council shall meet regularly and at least four (4) 
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times each 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 7. Recommendations to 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 the council. The council's recommendations shall 
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include, but not be limited to, the following: 
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(1 ) 
(2) 
(3) 
(4) 
(5) 
(6) 
(B) 
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how to: 
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(I) 
(2) 
(3) 
(4) 
Whether all, none, or some of the rights arising out of the creation of intellectual 
property should be dedicated to the public domain. 
The manner by which the government should maximize the protection of 
intellectual property that it owns. 
The manner by which government employees and officials should be made aware 
of the obligations, restrictions, requirements, and opportunities regarding the 
protection and management of government-owned intellectual property. 
The manner by which government employees and officials should be informed on 
disclosure and whether a uniform system of disclosure should be developed and 
implemented. 
The actions that are being taken by government agencies, authorities, boards, and 
commissions to manage government-owned intellectual property. 
The manner by which ownership rights should be determined when intellectual 
property is created by government employees in the course of their government 
employment. 
The council shall also submit reports to the 
President providing guidance on 
Promote the utilization of intellectual property arising from government-
supported contracts, grants, and agreements. 
Encourage maximum participation of small-business firms in licensing 
government-owned intellectual property. 
Promote collaboration between commercial concerns and government entities in 
commercializing government-owned intellectual property. 
Ensure that there are mechanisms in place that allow the government to obtain 
certain minimal rights in government-supported intellectual property to meet the 
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I, 
.~ 
needs of the government and protect the public against nonuse or unreasonable 
2 
use of such intellectual property. 
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SECTION 8. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions ofthis Act is hereby repealed, modified, or amended accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved. 
/jab 
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