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FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
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OF THE PHILIPPINES 
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S. No: sENA65 
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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 
play a 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 i&ellectual 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 hill was originally filed during the Thirteenth Congress, Third Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
%No. 1673 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
CREATING THE INTELLECTUAL PROPERTY ASSET MANAGEMENT COUNCIL 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Intellectual Property 
Asset Management Act of 2007.’’ 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the 
general welfare of the people. Pursuant to this policy, the State shall create an Intellectual 
Property Asset Management Advisory Council to recommend to the President the manner by 
which 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. 
SECTION 3. Definition of Terms. - As used in this Act, the term: 
(A) “Patentable inventions” means inventions that fall within the scope of patentable 
subject matter under the Intellectual Property Code of the Philippines, but are not yet the 
subject of an issued patent. 
(B) “Patented inventions” means those rights reflected in subsisting patents issued by 
Philippine Government, as well as the governments of those countries who arc signatories to 
treaties regarding intellectual property which have ratified by the Philippines. 
(C) “Government-owned intellectual property rights” means any and all intellectual 
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 
inventions, and all patented inventions. 
(D) “President” means the President of the Republic of the Philippines. 
SECTION 4. The Intellectual Property Asset Management Advisory Council. - There 
is hereby created the Intellectual Property Asset Management Advisory Council to develop 
recommendations to the President on how the Government should treat Government-owned 
intellectual property created under Government contracts, grants, and agreements. 
The Council shall consist of ten (10) members to be appointed as follows: 
(A) One (1) shall be the Secretary of Trade and Industry, who shall also be the 
Chairperson of the Council. 
(B) One (1) shall be the Secretary of Science and Technology. 
(C) One (1) shall be the Chairman of the National Economic Development Authority; 
(D) Two (2) shall be a representative of State colleges and universities. 
(E) Two (2) shall be a representative of private colleges and universities. 
(F) Three (3) shall be representative of the private sector. 
The representatives educational and private sector shall be individuals with 
outstanding knowledge and leadership in one of the following fields: high-risk venture 
investments in new scientific or technological businesses or new scientific or technological 
product development; professional and business services with more than ten years of 
experience in the licensing of intellectual property; patent, trademark, copyright, and trade 
secrets law of the Governments; international patent law including patent cooperation 
treaties; or university technology transfer and commercialization. 
SECTION 5. Terms OfOffice. -All members of the advisory Council shall serve for 
a term of two (2) years or until such time as the Council has completed its recommendations 
to the President. 
Notwithstanding any inconsistent provision of any general, special or local law, 
ordinance, resolution or charter, no officer, member or employee of the Government or of 
any public corporation shall forfeit his or her office or employment by reason of his or her 
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acceptance of appointment as a Member of the Advisory Council, nor shall service on the 
Council be deemed incompatible or in conflict with such office or employment. 
SECTION 6. Provision for Actual and Necessary Expenses. - The members of the 
advisory council shall receive no compensation for their services, but shall be reimbursed for 
the actual and necessary expenses incurred by them in the performance of their duties under 
this Act. 
SECTION 7. Meetings. - The Advisory Council shall meet regularly and at least 
four times per year. Special meetings may be called by the Chairperson of the Council and 
shall be called by him or her at the request of any of its members. 
SECTION 8. Recommendations to and Reports for the President. - 
(A) The advisory council shall submit its recommendations in Writing to the 
President within six (6) months after the first meeting of all ten members. The Council’s 
recommendations shall include, but not be limited to, the following: 
(1) Whether all, none, or some of the rights arising out of the creation of 
intellectual property should be dedicated to the public domain. 
(2) The manner why which the Government should maximize the protection of 
intellectual property that it owns. 
(3) 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. 
(4) 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. 
(5) The actions that are being taken by Government agencies, authorities, 
boards, and commissions to manage Government-owned intellectual 
property. 
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(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. 
(B) The Council shall also submit reports to the President providing guidance on 
how to: 
(1) Promote the utilization of intellectual property arising from Govemment- 
supported contracts, grants, and agreements. 
(2) Encourage maximum participation of small-business firms in licensing 
Government-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. 
SECTION 9. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, or 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Irgs 
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