NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. No. 1808
of tl)f £;pc etnrp
23 FEB 13 P3 ‘•46
RtCEl'; to B':
Introduced by Senator SONNY ANGARA
AN ACT
PROVIDING FOR PROTECTED GEOGRAPHICAL INDICATIONS OF LOCALLY 
PRODUCED AGRICULTURAL OR NATURAL (UNPROCESSED OR WILD) 
PRODUCTS, PROCESSED PRODUCTS, OR ANY PRODUCTS OF HANDICRAFT 
OR INDUSTRY
EXPLANATORY NOTE
Our country prides itself on goods and products that are uniquely characterized 
to be part of our Filipino culture and heritage. In the international marketplace, these 
products should ideally represent our people's creativity and innovativeness; it should 
hallmark the Filipino brand of quality to its global and local consumers. Nonetheless, 
this framework finds difficulty in application largely because of our country's weak 
regulation and lack of protection of our product's identity or geographical indication.
Similar to House Bill No. 531 introduced by Representative Geraldine B. Roman, 
these guidelines aim to protect our products' geographical indication by preventing its 
use by individuals and entities who do not subscribe to the standards set forth in this 
Act.
Ultimately, this proposed bill would not only safeguard our local producers' 
superior quality of manufacturing and craftsmanship, but would also protect 
consumers from disingenuous and substandard products that pose to be truly 
"Filipino-made."
In that sense, this measure cleaves closely to our long-held advocacy of 
supporting "Tatak Pinoy" or Proudly Filipino industries and entrepreneurs. Through 
this measure, not only do we want to ensure that products sold in the market were 
indeed produced, grown, or manufactured in the places they were said to have been 
produced, grown, or manufactured. We also want to ensure that products that bear


any mark of having come from anywhere in the Philippines, are in fact things that all 
Filipinos can be proud of and showcase around the world.
Approval of the bill is thus earnestly requested.
SONNY ANGARA


ot till' S'l'CiCtnri’
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. B. No. 1 868
23 FEB 13 P3‘46
RECEIVED BY.
Introduced by Senator SONNY ANGARA
AN ACT
PROVIDING FOR PROTECTED GEOGRAPHICAL INDICATIONS OF LOCALLY 
PRODUCED AGRICULTURAL OR NATURAL (UNPROCESSED OR WILD) 
PRODUCTS, PROCESSED PRODUCTS, OR ANY PRODUCTS OF HANDICRAFT 
OR INDUSTRY
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Article I
2 
General Provisions
3 
Section 1. Short Title. - This Act shall be known as the "Protected Geographical
4 
Indications Act"
5 
Section 2. Declaration of Policies. -The State recognizes the importance of
6 
geographical indications in agricultural, economic, and cultural development. It
7 
increases the competitive advantage of agricultural and industrial products with
8 
unique quality, reputation or characteristics that are essentially attributable to their
9 
geographical origin, thereby facilitating local and foreign market access and
10 
recognition. Further, rural socio-economic development is bolstered by the consequent
11 
creation of job opportunities from production, processing, and distribution.
12 
Towards this end, the State shall endeavor to protect and promote these
13 
industries by helping producers communicate the product characteristics and their
14 
attributes to buyers and consumers to ensure:
15 
a) Fair competition of producers;
16 
b) Availability of reliable information to consumers;
1


1 
c) Respect for intellectual property rights; and
2 
d) Integrity of the market.
3 
Section 3. Definition of Terms. - For purposes of this Act, the following terms
4 
are hereunder defined accordingly:
5 
a) Bureau refers to the Bureau of Trademarks;
6 
b) Controls refers to the verification of the compliance of goods with the Manual
7 
of Specifications, either by internal or external authorities or system;
8 
c) Director General refers to the Director General of the Intellectual Property
9 
Office of the Philippines (IPOPHL);
10 
d) E-Gazette refers to the IPOPHL's own publication where all matters required to
11 
be published under the IP Code shall be published;
12 
e) Evocation of a geographical indication refers to a term, sign, or other labelling
13 
or packaging device that presents a direct and clear link with the product
14 
covered by a protected geographical indication in the mind of the reasonably
15 
intelligent consumer, thereby exploiting, weakening, diluting or being
16 
detrimental to the reputation of the registered name;
17 
f) Fees refer to costs imposed on direct recipients of public goods and services
18 
provided and performed by the IPOPHL in the exercise of its functions; they
19 
also include charges and other costs;
20 
g) Geographical indication (GI) refers to indications which identify a good or
21 
product as originating in a territory, region, or locality, where a given quality,
22 
reputation, or other characteristic of the good is essentially attributable to its
23 
geographical origin and/or human factors;
24 
h) Goods/Products refer to any agricultural or natural (unprocessed or wild)
25 
products, processed products, or any products of handicraft or industry;
26 
i) Homonymous geographical indication means a geographical indication that, in
27 
part or in whole, has the same spelling as, or sounds alike as, another
28 
geographical indication but identifies goods having a different geographical
29 
origin;
30 
j) Indigenous Cultural Communities/Indigenous Peoples (ICC/IPs) refers to a
31 
group of people or homogenous societies identified as self-ascription and
32 
ascription by others, who have continuously lived as organized communities on


1 
communally bounded and defined territories, and who have, under claims of
2 
ownership since time immemorial, occupied, possessed and utilized such
3 
territories, sharing common bonds of language, customs, traditions and other
4 
distinctive cultural traits, or who have, through resistance to political, social and
5 
cultural inroads of colonization, non-indigenous religions and cultures, became
6 
historically differentiated from the majority of Filipinos. ICC/IPs shall likewise
7 
include peoples who are regarded as indigenous on account of their descent
8 
from the populations which inhabited the country, at the time of conquest or
9 
colonization, or at the time of inroads of non-indigenous religions and cultures,
10 
or the establishment of present state boundaries, who retain some or all of
11 
their own social, economic, cultural and political institutions, but who may have
12 
been displaced from their traditional domains or who may have resettled
13 
outside their ancestral domains;
14 
k) Indication refers to a name of a territory, region or locality; or under exceptional
15 
circumstances, the name of a country;
16 
I) IP Code refers to Republic Act No. 8293 otherwise known as the Intellectual
17 
Property Code of the Philippines;
18 
m) Manual of Specifications means a document that contains the name to be
19 
protected as a geographical indication, description of the goods, the delimited
20 
geographical area where the goods are produced, and an explanation of the
21 
link between the said area and its quality, reputation, or characteristics;
22 
description of its production processes; quality control process and standards
23 
and labeling rules, among others;
24 
n) Office refers to the Intellectual Property Office of the Philippines (IPOPHL);
25 
o) 
Paris Convention means the Convention for the Protection of Industrial Property
26 
signed at Paris on 20th March 1883, and any revision or amendment thereto
27 
which has become into force in the Philippines;
28 
p) Person refers to any juridical person, organization, association or duly
29 
constituted government unit, body, or agency;
30 
q) Producer refers to:
31 
i. any producer of agricultural product or natural products;
32 
ii. any processor of natural or agricultural or agri-food products;


1 
iii. any industry or manufacturer of products of handicraft; and
2 
iv. any trader dealing in the products mentioned in paragraphs (i), (ii), and
3 
(iii);
4 
r) Registrar the Registrar of Geographical Indications;
5 
s) 
Rules refers to the Rules and Regulations on Geographical Indications;
6 
t) 
Use of geographical indication refers to offer for sale, production, sale, export
7 
or import of geographical indication goods 
as well as 
any promotion and
8 
communication material in relation to the geographical indication goods.
9 
Article II
10 
Protected Geographical Indications
11 
Section 4. Objectives - A scheme for protected geographical indications is
12 
established in order to help producers of products linked to a geographical area by:
13 
a) 
Securing fair returns for the qualities of their products;
14 
b) 
Ensuring uniform protection of the product's geographic indication as an
15 
intellectual property right;
16 
c) 
Providing clear information on the value-adding attributes of the product to the
17 
consumers;
18 
d) 
Regulating or managing the procedure related to the registration of GIs;
19 
e) 
Protecting GI, including in the unfair competition procedures; and
20 
f) 
Promoting the GI rights and products.
21 
Section 5. Generic nature, conflicts with names of plant varieties and animal
22 
breeds, with homonyms and trademarks. - Generic terms shall not be registered as
23 
protected geographical indications. A name may not be registered as a geographical
24 
indication where it conflicts with a name of a plant variety or an animal breed and
25 
is likely to mislead the consumer as to the true origin of the product.
26 
A name proposed for registration that is wholly or partially homonymous with
27 
a name already entered in the register may not be registered, unless, after
28 
comparing the homonym sought to be registered and the name already entered in
29 
the register, there is sufficient distinction in practice between the conditions of their
30 
local and traditional usage and presentation, taking into consideration the need to
31 
ensure equitable treatment of the producers concerned and that consumers are not
32 
misled.


1 
Section 6. Names, Symbols, and Indications. - Protected geographical
2 
indications may be used by any operator marketing a product which conforms to its
3 
corresponding specifications.
4 
A national logo designed to publicize protected geographical indications shall
5 
be established. The Bureau shall constitute a National Logo to certify all registered
6 
geographical indication goods in the Philippines.
7 
Section 7. Acquisition of Rights. -The enhanced protection afforded under this
8 
Act to any indication constituting a geographical indication shall be obtained through
9 
valid registration and a certificate issued to that effect by the Bureau.
10 
Section 8. Rights of Registrants. - Registered Geographical Indications shall
11 
be protected against:
12 
a) Any direct or indirect commercial use of a registered name with respect to
13 
products not covered by the registration where those products are comparable
14 
to the products registered or where using the name exploits the reputation of
15 
the protected name, including when those products are used as an ingredient;
16 
b) Any misuse, imitation, or evocation, even if the true origin of the products or
17 
services is indicated or if the protected name is translated or accompanied by
18 
an expression such as 'style', 'type', 'method', 'as produced in', 'imitation' or
19 
similar, including when those products are used as an ingredient;
20 
c) Any other false or misleading indication as to the provenance, origin, nature,
21 
or essential qualities of the product that is used on the inner or outer packaging,
22 
advertising material, or documents relating to the product concerned, and the
23 
packing of the product in a container tending to convey a false impression as
24 
to its origin;
25 
d) Any use of a geographical indication which constitutes an act of unfair
26 
competition within the meaning of Article 10bis of the Paris Convention;
27 
e) Any other practice that tends to mislead the consumer as to the true origin of
28 
the product.
29 
Where a protected geographical indication contains within it the name of a
30 
product which is considered to be generic, the use of that generic name shall not be
31 
considered to be contrary to sub-paragraphs (a) and (b) of the preceding paragraph.
32 
Protected geographical indications shall not become generic.


1 
Article III
2 
Registration Authority
3 
Section 9. Geographical Indications Registrar. - The Director of the Bureau of
4 
Trademarks shall act as the Registrar of Geographical Indications who has the
5 
authority to examine and register applications for the registration of geographical
6 
indications, and implement the provisions of this Act.
7 
Section 10. Register of protected Geographical Indications. - The Registrar
8 
shali keep and maintain a register to be known as the Register of Protected
9 
Geographical Indications which shall contain all the recorded particulars as the
10 
Registrar deems appropriate.
11 
The Register shall be open to the inspection of the public during business hours,
12 
and accessible/searchable online, subject to certain conditions as the Registrar may
13 
prescribe. A certified true copy or extract of any entry in the Register shall be provided
14 
to any person requiring the copy or extract upon payment of the prescribed fee.
15 
The Registrar, as soon as practicabie, shall make applications for registration
16 
available and allow for the filing of observation or objections online or in electronic
17 
form.
18 
Article IV
19 
Registration
20 
Section 11. Applicants-The foilowing may make an appiication to the Registrar
21 
for the registration of a geographicai indication:
22 
a) Producers referred in Section 3(q) or producers' organization or association
23 
representing stakeholders directly involved in the extraction, production or
24 
manufacture of the goods covered by the geographicai indication;
25 
b) Government agencies or local government units having area of responsibility
26 
covering the geographical origin of the goods, as weli as representatives of
27 
foreign governments, relative to the geographical indication of its nationals,
28 
whose laws afford the same rights and protection to Philippine nationals; and
29 
c) Organizations or associations or indigenous cultural communications/indigenous
30 
peoples which are specifically entrusted with the task of regulating and/or
31 
protecting geographical indication by paragraphs (a) or (b).


1 
Section 12. Representation; Address for Service. - If the applicant is not
2 
domiciled nor has no real and effective commercial establishment in the Philippines,
3 
it shall designate by a written document filed in the Office, the name and address of
4 
a Philippine resident or representative from the Embassy, Consulate or Chamber of
5 
Commerce in the Philippines of the country where the goods originated, who may be
6 
served notices or process in proceedings affecting the geographical indication. Such
7 
notices or services may be served upon the person so designated by leaving a copy
8 
thereof at the address specified in the last designation filed. If the person so
9 
designated cannot be found at the address given in the last designation, such notice
10 
or process may be served upon the Registrar.
11 
Section 13. Additionai Qualifications for Non-Filipino Applicants. - The applicant
12 
who is neither a domestic corporation or organization/association nor a local
13 
government unit, body or agency and intends to apply for registration of a
14 
geographical indication of a foreign country must also have any of the following
15 
qualifications:
16 
a) a juridical entity incorporated or organized in a country which is a party to the
17 
World Trade Organization Agreement on Trade-Related Aspects of Intellectual
18 
Property Right or to other international convention or agreement concerning the
19 
protection of geographical indication, to which the Philippines is also a party; or
20 
b) domiciled or has a real and effective industrial or commercial establishment in
21 
the Philippines or in a country which is a party to an international convention or
22 
agreement concerning the protection of geographical indications, to which
23 
Philippines is also a party;
24 
Section 14. Requirements of Application. - The application for the registration
25 
of the geographical indication shall be in the prescribed form, may be in Filipino or in
26 
English and shall be filed before the Registrar, containing the following details:
27 
a) name and address of the applicant;
28 
b) name of the State of which the applicant is a juridical entity or the law under
29 
which it is organized and existing; or name of the State in which the
30 
applicant has domicile or has a real and effective industrial or commercial
31 
establishment;
32 
c) name of the geographical indication sought to be registered;


1 
d) the goods to which the geographical indication applies;
2 
e) description of the geographical area to which the geographical indication
3 
applies, including its territorial limitations or boundaries;
4 
f) description of the specific quality, reputation or other characteristic of the
5 
goods and how that quality, reputation or other characteristic, as the case
6 
may be, is essentially attributable to the geographical origin and/or human
7 
factors;
8 
g) copy of the Manual of Specifications duly formulated and adopted by the
9 
stakeholders or its governing board 
or council;
10 
h) certification from the concerned government agency or equivalent
11 
independent body:
12 
i. validating the causal link between specific quality, reputation or
13 
other characteristic of the goods and the geographical area where
14 
it originated or produced as described in paragraph f; and
15 
ii. the technical information pertaining to the product specifications in
16 
the Manual of Specifications;
17 
The Registrar may require the submission of other details as may be necessary.
18 
Section 15. Proof of GI Protection from Foreign Authorities. - Foreign applicants
19 
shall also submit within a reasonable period as may be determined by the Office, proof
20 
issued by competent agency of the government or any private certifying entity,
21 
showing that the subject of the application is a registered or protected geographical
22 
indication. Other analogous legal documents or proof may also be accepted.
23 
Section 16. Fiiing Date. -The filing date of an application shall be the date on
24 
which the Registrar received a fully accomplished application form, containing all the
25 
details set forth under Section 14 of this Act together with the proof of payment of
26 
the required fee.
27 
Article V
28 
Examination
29 
Section 17. Examination; Deficiencies. - The Registrar shall examine the
30 
applications for registration of geographical indication in accordance with this Act.
31 
Should there be any deficiency in the application, the applicant shall be notified by
32 
the Registrar to remedy the same, and if deemed necessary, shall be requested to
8


1 
submit additional information or documents within two (2) months from mailing date
2 
of the notice. The period to respond may be extended upon written request by the
3 
applicant and payment of the required fee for an additional period of one (1) month
4 
each but not to exceed the total of four (4) months from mailing date of the official
5 
action. Any request for such extension must be filed on or before the day on which
6 
the response of the applicant is due.
7 
In case the deficiencies are not remedied or if the applicant failed to submit
8 
the additional information or documents within the prescribed period, the application
9 
shall be considered withdrawn without prejudice to the right of the applicant to re-file
10 
the same application subject to the requirements set forth under this Act.
11 
Section 18. Disclaimer. - A generic or customary term or common name
12 
component of a geographical indication should be disclaimed. In general, a name or
13 
term is considered generic, customary or common if it is understood by the general
14 
public in the Philippines or the relevant consumers of the goods covered by the
15 
geographical indication to be the product itself or the name and denomination used
16 
to refer to the goods themselves.
17 
Section 19. Withdrawal of Application. - The application may be withdrawn at
18 
any time by filing with the Registrar a written declaration of withdrawal signed by the
19 
applicant or its authorized representative or agent and upon payment of the
20 
prescribed fee.
21 
Article VI
22 
Homonymous Geographical Indications
23 
Section 20. Protection for Homonymous Geographical Indications. - In the case
24 
of homonymous geographical indications for goods as defined in Section 3(i), the
25 
protection shall be accorded to each indication.
26 
Section 21. Differentiation of Homonymous Geographical Indications. - The
27 
Registrar, in cases of bona fide concurrent use of homonymous geographical
28 
indications, shall determine the practical conditions under which the homonymous
29 
geographical indications in question will be differentiated from each other, taking into
30 
account the need to ensure equitable treatment of the producers concerned and that
31 
the public are not misled.
32


1 
Article VII
2 
Refusal of the Application
3 
Section 22. Grounds for Refusal. - The following names shall not be registered
4 
as geographical indication and shall be refused:
5 
a) Those which are contrary to laws and regulations, public order, public policy or
6 
morality;
7 
b) Geographical indications of foreign country which are not or have ceased to be
8 
protected in their country or territory of origin;
9 
c) Those which mislead or deceive the public as to the characteristic, nature, quality,
10 
place of origin, production process of the good and/or its use;
11 
d) Those which consist exclusively of, or identical with, a generic, common or
12 
customary name of the goods in the Philippines and the geographical indication
13 
sought to be registered will be applied for the same goods;
14 
e) Those which are identical with or confusingly similar to the name of a plant variety
15 
or animal breed and is likely to mislead the consumer as to the true origin of the
16 
goods;
17 
f) Those which do not fall within the prescribed definition of geographical indication;
18 
and
19 
g) Those which are identical with, or confusingly similar to, or an evocation of, an
20 
earlier filed or registered geographical indication in the Philippines or in a treaty
21 
or international agreement of which the Philippines is a member in respect of the
22 
same goods or closely related goods as to cause confusion.
23 
Section 23. Order of Refusal. - Upon proper notification, an Order of Refusal
24 
shall be issued by the Registrar to the applicant who may appeal the same to the
25 
Director General in accordance with the Uniform Rules on Appeal. No motion for
26 
reconsideration of the Registrar's decision is allowed.
27 
Article VIII
28 
Publication
29 
Section 24. Publication. - When the Registrar finds that the requirements
30 
prescribed by this Act are satisfied, it shall, upon payment of the prescribed fee,
31 
forthwith cause the application to be published in the e-Gazette for a period of three
32 
(3) months. The publication shall include the following:
10


1 
a) Application number;
2 
b) Filing date;
3 
c) All the details set forth under Section 14; and
4 
d) Other matters which the Registrar may deem necessary.
5 
Article IX
6 
Opposition to the Registration of Geographical Indication
7 
Section 25. Opposition. - a) Within one (1) month from the publication of the
8 
application of the geographical indication and upon payment of the prescribed fee,
9 
any interested person who may be damaged by its registration may file before the
10 
Bureau of Legal Affairs (BLA) of the IPOPHL, a notice to oppose the registrability of
11 
the geographical indication.
12 
b) Within one (1) month from receipt by the BLA of such notice, a verified and
13 
written opposition, including supporting documents, must also be submitted, without
14 
need of any notification from the BLA. Failure to comply within the prescribed period
15 
will result to the dismissal of the Opposition.
16 
(c) A copy of the opposition shall be furnished by the BLA to the applicant who
17 
may comment on it within one (1) month from receipt of the order. The opposition
18 
will be taken into consideration by the BLA in deciding whether to grant or refuse
19 
protection to the geographical indication being applied for.
20 
The period to file the opposition may be extended for another one (1) month
21 
upon written request of the interested person for good and sufficient cause and upon
22 
payment of the required fee.
23 
Article X
24 
Term of Protection
25 
Section 26. Finaiity of Decision; Registration and Term of Protection. - If no
26 
opposition is filed within the prescribed period, the geographical Indication shall be
27 
granted protection on the day immediately after the last day of publication and
28 
entered in the Register of Protected Geographical Indications. In case there is an
29 
opposition, the protection shall be reckoned from the finality of the decision that the
30 
geographical Indication is entitled to registration and protection. The registered
31 
geographical indication is protected for an unlimited term until or unless revoked with
32 
finality.
11


1 
Article XI
2 
Amendment
3 
Section 27. Amendment of an Application or Registration - The application for
4 
registration or the registration of a geographical indication may be amended, at the
5 
request of the applicant or registrant to correct the formalities in the application or
6 
registration and the details in the Manual of Specifications.
7 
Article XII
8 
Cancellation of Registration
9 
Section 28. Cancellation of Registration. - At any time, upon payment of the
10 
prescribed fee and upon a verified petition by any interested person that the protection
11 
of geographical indication accorded under Section 7 is no longer warranted, due notice
12 
and opportunity to be heard shall be given to the registrant. If the same petition is
13 
found to be meritorious, the BLA shall cancel the registration based on any of the
14 
following grounds:
15 
a) The conditions for protection specified under Section 3(g) have not been fulfilled;
16 
b) There has been a change in the geographical origin of the goods including the
17 
natural and human factors, which are determinative of the quality, reputation or
18 
characteristics of the goods bearing a geographical indication and such change
19 
results to the disqualification;
20 
c) Based on the ruling or decision of the court or tribunal, the applicant-registrant
21 
referred to under Section 11 has no effective control over the use of the
22 
geographical indication, standards of production of the goods and other product
23 
specifications;
24 
d) The registration of the geographical indication was obtained through false
25 
statements and documents during the course of the application; and
26 
e) The registered or protected geographical indication has been proven to be generic
27 
for, or a common or customary name of the goods covered thereby in the
28 
Philippines prior to the grant of protection.
29 
Section 29. Notice of Verified Petition. The BLA shall notify and furnish a copy
30 
of the verified petition to the concerned registrant of the geographical indication who
31 
may comment to it within one (1) month from receipt of the order.
12


1 
The period to file the comment may be extended for another one (1) month
2 
upon written request of the registrant for good and sufficient cause and upon payment
3 
of the required fee. Thereafter, the petition shall be submitted for decision of the
4 
Director of the BLA.
5 
Section 30. Appeal. - Any party who is aggrieved by the decision of the Director
6 
of the BLA may appeal to the Director General in accordance with the Uniform Rules
7 
on Appeal. No motion for reconsideration of the BLA Director's decision is allowed.
8 
Article XIII
9 
Exceptions
10 
Section 31. Prior Users of Geographical Indications and Trademarks. -
11 
1) Nothing in this Act shall prevent the continued or similar use of a particular
12 
geographical indication of another country identifying goods in connection with goods
13 
or services by any national or domiciliary of Philippines or any national with real or
14 
effective commercial establishment in, or doing business in the Philippines, who have
15 
used said geographical indication in a continuous manner with regard to the same or
16 
related goods or services in the Philippines either -
17 
a) For at least 10 years before April 15, 1994; or
18 
b) In good faith before April 15, 1994.
19 
2) Where the trademark has been applied for or registered in good faith, or
20 
where rights to a trademark have been acquired through use in good faith either -
21 
a) Before the effectivity of this Act; or
22 
b) Before the geographical indication is protected in its country of origin.
23 
Measures adopted to implement this Act shall not prejudice the eligibility for or
24 
the validity of the registration of the trademark, or the right to use a trademark, on
25 
the basis that such trademark is identical with or similar to, a geographical indication.
26 
Article XIV
27 
Indigenous Cultural Communities/Indigenous Peoples
28 
Section 32. Additional mechanism. Considering the rights accorded to the
29 
indigenous cultural communities/indigenous peoples under the pertinent laws and
30 
international instruments, this Act shall serve as an additional mechanism towards
31 
recognition of the full ownership and control and protection of their cultural and
32 
intellectual rights.
13


1 
Section 33. Filing and compliance assistance. Recognizing the importance and
2 
benefits of protecting, promoting and preserving traditional knowledge and traditional
3 
cultural expressions through geographical indications, the Office shall endeavor to
4 
capacitate and assist the indigenous cultural communities/indigenous peoples in the
5 
filing of their applications and compliance of the prescribed requirements.
6 
Section 34. Waiver of fees. The Director General is authorized to grant partial
7 
or total waiver of fees for applications filed by recognized indigenous cultural
8 
communities/indigenous peoples prescribed by the Bureau relevant to the GI
9 
registration.
10 
Section 35. Non-diminution of rights. - Nothing in this Act may be construed
11 
as diminishing or extinguishing the rights that indigenous 
cultural
12 
communities/indigenous peoples have or may acquire in the future.
13 
Article XV
14 
Infringement of Geographical Indications,
15 
Sanctions and Penalties
16 
Section 36. Infringement of Geographical Indications. - Any willful use of
17 
registered geographical indications in a manner prescribed under Section 8 without
18 
the consent or authorization from the registrant is considered as an infringement and
19 
offense against the economic interest of the State. The State can motu proprio take
20 
administrative or legal measures to enforce protection of geographical indication
21 
against the geographical indications' infringers.
22 
Section 37. Penalties. - Independent of the civil and administrative sanctions
23 
imposed by law, a criminal penalty of imprisonment from two (2) years to five (5)
24 
years and a fine ranging from five hundred thousand pesos (P500,000.00) to one
25 
million pesos (P1,000,000.00), shall be imposed on any person who is found guilty of
26 
committing infringement of geographical indications.
27 
Article XVI
28 
Final Provisions
29 
Section 38. Implementing Rules and Regulations. Within ninety days (90) after
30 
the effectivity of this Act, the Office, in consultation with the relevant stakeholders,
31 
shall formulate the implementing rules and regulations (IRR) necessary to carry out
32 
the provisions of this Act.
14


1 
Section 39. Transitory Provision. - Geographical indications registered by the
2 
Intellectual Property Office of the Philippines under Republic Act No. 8293 and its
3 
regulations prior to the effectivity of this Act shall remain valid and effective. They
4 
shall automatically be transferred to, and form part of, the register created under this
5 
Act.
6 
Section 40. Repeaiing Clause. - All laws, acts, presidential decrees or
7 
proclamations, issuances, executive orders, letters of instruction, administrative
8 
orders, rules and regulations, or parts thereof inconsistent with any of the provisions
9 
of this Act are hereby repealed, amended, or modified accordingly.
10 
Section 41. Separability Cause. - If any provision of this Act is declared
11 
unconstitutional, the remainder of this Act or any provision not affected thereby shall
12 
remain in full force and effect.
13 
Section 42. Effectivity. - This Act shall take effect fifteen (15) days after its
14 
publication in the Official Gazette or in a newspaper of general circulation.
15
Approved,
15