NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
23 AUG-3 P4 32
SENATE
S. B. No. 2387
(In substitution of Senate Bill No. 1868)
RECEIVED BV
Prepared by the Committee on Trade, Commerce and Entrepreneurship with 
Senators Sonny Angara, Mark Villar, Loren Legarda, and Joel Villanueva,
as authors thereof
AN ACT
PROVIDING FOR THE PROTECTION OF GEOGRAPHICAL INDICATIONS FOR 
AGRICULTURAL OR NATURAL (UNPROCESSED OR WILD) PRODUCTS, 
PROCESSED PRODUCTS, WINES AND SPIRITS, OR ANY PRODUCTS OF
HANDICRAFT OR INDUSTRY
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
Article I
General Provisions
1 
Section 1. Short Title. - This Act shall be known as the ''Protected
2 
Geographical Indications Act."
3 
Sec. 2. Declaration of Policies. -The State recognizes the importance of
4 
geographical indications in agricultural, economic, and cultural development. It
5 
increases the competitive advantage of agricultural and industrial products with
6 
unique quality, reputation or characteristics that are essentially attributable to their
7 
geographical origin, thereby facilitating local and foreign market access and
8 
recognition. Further, rural socio-economic development is bolstered by the consequent
9 
creation of job opportunities from production, processing, and distribution.
10 
Towards this end, the State shall endeavor to protect and promote these
11 
industries by helping producers communicate the product characteristics and their
12 
attributes to buyers and consumers to ensure:
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a) Fair competition of producers;
2 
b) Avaiiabiiity of reiiable information to consumers;
3 
c) Respect for intellectuai property rights; and
4 
d) Integrity of the market.
5 
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms
6 
are hereunder defined accordingly:
7 
a) Bureau refers to the Bureau of Trademarks;
8 
b) Control System refers to the verification of the compliance of goods with
9 
the Manual of Specifications, either by internal or external authorities;
10 
c) Director General refers to the Director General of the IPOPHL;
11 
d) E-Gazette refers to the IPOPHL's own publication where all matters required
12 
to be published under the IP Code shall be published;
13 
e) Evocation of a Geographical Indication refers to a term, sign, or other
14 
labelling or packaging device that presents a direct and clear link with the
15 
product covered by a protected geographical indication in the mind of the
16 
reasonably intelligent consumer, thereby exploiting, weakening, diluting or
17 
being detrimental to the reputation of the registered name;
18 
f) Fees refer to costs Imposed on direct recipients of public goods and services
19 
provided and performed by the IPOPHL in the exercise of its functions. They
20 
also include charges and other costs;
21 
g) Geographical Indication (GI) refers to Indications which identify a good or
22 
product as originating in a territory, region, or locality, where a given
23 
quality, reputation, or other characteristic of the good Is essentially
24 
attributable to its geographical origin and/or human factors;
25 
h) Goods/Products refer to any agricultural or natural (unprocessed or wild)
26 
products, processed products, including foodstuff and alcoholic beverages,
27 
or any products of handicraft or industry;
28 
i) Homonymous Geographical Indication refers to a geographical indication
29 
that. In part or in whole, has the same spelling as, or sounds alike as,
30 
another geographical indication but identifies goods having a different
31 
geographical origin;


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j) Indigenous Cultural Communities/Indigenous Peoples (ICC/IPs) refers to a 
group of people or homogenous societies identified by self-ascription and 
ascription by others, who have continuously lived as organized communities 
on communally bounded and defined territories, and who have, under 
claims of ownership since time immemorial, occupied, possessed and 
utilized such territories, sharing common bonds of language, customs, 
traditions and other distinctive cultural traits, or who have, through 
resistance to political, social and cultural inroads of colonization, non- 
indigenous religions and cultures, became historically differentiated from 
the majority of Filipinos. ICC/IPs shall likewise include peoples who are 
regarded as Indigenous on account of their descent from the populations 
which inhabited the country, at the time of conquest or colonization, or at 
the time of inroads of non-Indigenous religions and cultures, or the 
establishment of present state boundaries, who retain some or all of their 
own social, economic, cultural and political institutions, but who may have 
been displaced from their traditional domains or who may have resettled 
outside their ancestral domains;
k) Indication refers to a sign which is used to identify a good, either a 
geographical name (name of a territory, region, or locality, or under 
exceptional circumstances, the name of a country), a non-geographical 
name, an emblem or any other distinctive symbol;
l) IP Code refers to Republic Act No. 8293 otherwise known as the Intellectual 
Property Code of the Philippines;
m) IPOPHL refers to the Intellectual Property Office of the Philippines;
n) Manual of Specifications reters to a document that contains the name to be 
protected as a geographical indication, description of the goods, the 
delimited geographical area where the goods are produced, and an 
explanation of the link between the said area and its quality, reputation, or 
characteristics; description of its production processes; control system and 
quality standards; labeling rules, among others;


1 
o) Paris Convention refers to the Convention for the Protection of Industrial
2 
Property signed at Paris on 20 March 1883, and any revision or amendment
3 
thereto which has become into force in the Philippines;
4 
p) Person refers to any juridical person, organization, association or duly
5 
constituted government unit, body, or agency;
6 
q) Producer retevs to:
7 
i. any producer of agricultural product or natural products;
8 
ii. any processor of natural or agricultural or agri-food products;
9 
iii. any industry or manufacturer of products of handicraft; and
10 
iv. any trader dealing in the products mentioned in paragraphs (i), (ii), and
11 
(iii);
12 
r) Registrar reters to the Registrar of Geographical Indications;
13 
s) Ruies refers to the Rules and Regulations on Geographical Indications;
14 
t) Use of Geographicai Indication refers to offer for sale, production, sale,
15 
export or import of geographical indication goods as well as any promotion
16 
and communication material in relation to the geographical indication goods
17 
and other preparatory steps necessary to carry out the sale or export of
18 
goods protected as geographical indications.
19 
Article II
20 
Protected Geographical Indications
21 
Sec. 4. Objectives. - A scheme for protected geographical indications Is
22 
established in order to help producers of products linked to a geographical area by:
23 
a) Securing fair returns for the qualities of their products;
24 
b) Ensuring uniform protection of the product's geographical indication as an
25 
Intellectual property right;
26 
c) Providing clear Information on the value-adding attributes of the product to
27 
the consumers;
28 
d) Regulating or managing the procedure related to the registration of
29 
geographical indications;
30 
e) Protecting geographical indications, including in the unfair competition
31 
procedures;
32 
f) Promoting geographical indication rights and products; and


1 
g) Protecting producers from anti-competitive practices in the registration and
2 
use of geographical indications.
3 
Sec. 5. Generic nature, conflicts with names of plant varieties and
4 
animat breeds, with homonyms and trademarks. - Generic terms shall not be
5 
registered as protected geographical indications. A name may not be registered as a
6 
geographical indication where it conflicts with a name of a plant variety or an animal
7 
breed and is likely to mislead the consumer as to the true origin of the product.
8 
A name proposed for registration that is wholly or partially homonymous with
9 
a name already entered in the register may not be registered, unless, after comparing
10 
the homonym sought to be registered and the name already entered in the register,
11 
there Is sufficient distinction in practice between the conditions of their local and
12 
traditional usage and presentation, taking into consideration the need to ensure
13 
equitable treatment of the producers concerned and that consumers are not misled.
14 
Sec. 6. Names, Symbols, and Indications. - Protected geographical
15 
indications may be used by any operator marketing a product which conforms to its
16 
corresponding specifications.
17 
A national logo designed to publicize protected geographical indications shall
18 
be established. The Bureau shall constitute a National Logo to certify all registered
19 
geographical indication goods in the Philippines.
20 
Sec. 7. Acquisition of Rights. -The enhanced protection afforded under this
21 
Act to any indication constituting a geographical indication shall be obtained through
22 
valid registration and a certificate issued to that effect by the Bureau.
23 
Sec. 8. Rights of Registrants. - Registered Geographical Indications shall
24 
be protected against:
25 
a) Any direct or indirect commercial use of a registered name with respect to
26 
products not covered by the registration where those products are
27 
comparable to the products registered or where using the name exploits the
28 
reputation of the protected name, including when those products are used
29 
as an ingredient;
30 
b) Any misuse, imitation, or evocation, even if the true origin of the products
31 
or services is indicated or if the protected name is translated or
32 
accompanied by an expression such as 'style', 'type', 'method', 'as produced


1 
In', 'imitation' or similar, 
including when those products are used as an
2 
Ingredient;
3 
c) Any other false or misleading indication as to the provenance, origin, nature,
4 
or essential qualities of the product that Is used on the inner or outer
5 
packaging, advertising material, or documents relating to the product
6 
concerned, and the packing of the product in a container tending to convey
7 
a false impression as to its origin;
8 
d) Any use of a geographical Indication which constitutes an act of unfair
9 
competition within the meaning of Article 10Z?/5of the Paris Convention; and
10 
e) Any other practice that tends to mislead the consumer as to the true origin
11 
of the product.
12 
Where a protected geographical indication contains within it the name of a
13 
product which is considered to be generic, the use of that generic name shall not be
14 
considered to be contrary to sub-paragraphs (a) and (b) of the preceding paragraph.
15 
Protected geographical indications shall not become generic.
16 
Article III
17 
Powers and Authority of the IPOPHL
18 
Sec. 9. Geographical Indications Registrar. - The Director of the Bureau
19 
of Trademarks shall act as the Registrar of Geographical Indications who has the
20 
authority to examine and register applications for the registration of geographical
21 
indications, and implement the provisions of this Act.
22 
Sec. 10. Register of Protected Geographical Indications. -The Registrar
23 
shall keep and maintain a register to be known as the Register of Protected
24 
Geographical Indications which shall contain all the recorded particulars as the
25 
Registrar deems appropriate.
26 
The Register shall be open to the inspection of the public during business hours,
27 
and accessible/searchable online, subject to certain conditions as the Registrar may
28 
prescribe. A certified true copy or extract of any entry in the Register shall be provided
29 
to any person requiring the copy or extract upon payment of the prescribed fee.
30 
The Registrar, as soon as practicable, shall make applications for registration
31 
available and allow for the filing of observation or objections online or in electronic
32 
form.


1 
Sec. 11. Powers of the Bureau of Legal Affairs, - The Bureau of Legal
2 
Affairs (BLA) of the IPOPHL shall have the authority to adjudicate on oppositions to
3 
the application for geographical indication and cancellations of registered geographical
4 
indications. The BLA shall also exercise original and exclusive jurisdiction in
5 
administrative complaints for geographical indication infringement and other violations
6 
of this Act.
7 
The BLA shall also have the power to resolve disputes other than the
8 
aforementioned through alternative modes of dispute resolution.
9 
Sec. 12. Roles of Relevant Government Agencies, - Pursuant to their
10 
respective mandates, the IPOPHL, the Department of Agriculture (DA), the
11 
Department of Trade and Industry (DTI), the Department of Science and Technology
12 
(DOST), the Department of Environment and Natural Resources (DENR), the National
13 
Commission for Culture and the Arts (NCCA), the National Commission on Indigenous
14 
Peoples (NCIP), the Cooperative Development Authority (CDA), and such other
15 
agencies and local government units as may be appropriate, shall collaborate to
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support and encourage the development of domestic products with origin-linked
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quality, characteristics, or reputation to be granted geographical indication protection
18 
under the provisions of this Act.
19 
The IPOPHL, DA, DTI, DOST, DENR, NCCA, NCIP, CDA, or such other relevant
20 
agencies as may be appropriate, shall conduct capacity-building and research and
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development activities and/or projects for potential geographical indication producers
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and stakeholders, such as but not limited to the formulation of a manual of
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specifications, branding, packaging, and marketing of the geographical indication
24 
protected product. The agencies shall assist these potential geographical indication
25 
producers and stakeholders in ascertaining, validating, and certifying, as needed, the
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link of the quality, characteristics, or reputation of the goods to the territory, and shall
27 
provide such other services to support their needs.
28 
The agencies shall allocate the necessary appropriations of their respective
29 
annual budget to implement these mandates subject to existing budgeting,
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accounting, and auditing laws, rules, and regulations.


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Article IV
2 
Registration
3 
Sec, 13. Applicants. - The following may make an application to the Registrar
4 
for the registration of a geographical indication:
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a) Producers referred in Section 3(q) of this Act or producers' organization or
6 
association representing stakeholders directly involved in the extraction,
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production manufacture and trade of the goods covered by the geographical
8 
indication;
9 
b) Government agencies or local government units having area of responsibility
10 
covering the geographical origin of the goods, as well as representatives of
11 
foreign governments, relative to the geographical indication of its nationals,
12 
whose laws afford the same rights and protection to Philippine nationals; and
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c) Organizations or associations or indigenous cultural communities/indigenous
14 
peoples which are specifically entrusted with the task of regulating and/or
15 
protecting geographical indication by paragraphs (a) or (b).
16 
Sec. 14. Representation; Address for Service. - If the applicant is not
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domiciled nor has no real and effective commercial establishment in the Philippines,
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it shall designate by a written document filed in the IPOPHL, the name and address
19 
of a Philippine resident or representative from the Embassy, Consulate or Chamber of
20 
Commerce in the Philippines of the country where the goods originated, who may be
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served notices or process in proceedings affecting the geographical indication. Such
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notices or services may be served upon the person so designated by leaving a copy
23 
thereof at the address specified in the last designation filed. If the person so
24 
designated cannot be found at the address given in the last designation, such notice
25 
or process may be served upon the Registrar.
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Sec. 15. Additional Qualifications for Non-FUipino Applicants. - The
27 
applicant, as defined in Section 13 of this Act, who is neither a domestic corporation
28 
or organization/association nor a local government unit, body or agency and intends
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to apply for registration of a geographical Indication of a foreign country must also
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have any of the following qualifications:
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a) A juridical entity incorporated or organized in a country which is a party to
32 
the World Trade Organization Agreement on Trade-Related Aspects of
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1 
Intellectual Property Right or to other international convention or agreement
2 
concerning the protection of geographical indications, to which the
3 
Philippines is also a party; or
4 
b) Domiciled or has a real and effective industrial or commercial establishment
5 
in the Philippines or in a country which is a party to an international
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convention or agreement concerning the protection of geographical
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Indications, to which Philippines is also a party.
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Sec. 16. Requirements of Application, - The application for the registration
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of the geographical indication shall be in the prescribed form, may be in Filipino or In
10 
English and, shall be filed before the Registrar, containing the following details:
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a) Name and address of the applicant;
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b) Name of the State of which the applicant is a juridical entity or the law under
13 
which it is organized and existing; or name of the State in which the
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applicant has a domicile or has a real and effective Industrial or commercial
15 
establishment;
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c) Name of the geographical indication sought to be registered;
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d) The goods to which the geographical indication applies;
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e) Description of the geographical area to which the geographical indication
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applies, including its territorial limitations or boundaries;
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f) Description of the specific quality, reputation, or other characteristic of the
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goods and how that quality, reputation, or other characteristic, as the case
22 
may be, is essentially attributable to the geographical origin and/or human
23 
factors;
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g) Copy of the Manual of Specifications duly formulated and adopted by the
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stakeholders or its governing board 
or council;
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h) Certification from the concerned government agency or equivalent
27 
independent body:
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i. Validating the causal link between specific quality, reputation or
29 
other characteristic of the goods and the geographical area where
30 
it originated or produced as described in paragraph f of this section;
31 
and


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ii. The technical information pertaining to the product specifications in
2 
the Manual of Specifications.
3 
The Registrar may require the submission of other details as may be necessary.
4 
Sec. 17. Proof of GI Protection from Foreign Authorities. - Foreign
5 
applicants shall also submit within a reasonable period as may be determined by the
6 
IPOPHL, proof issued by a competent agency of the government or any private
7 
certifying entity, showing that the subject of the application is a registered or
8 
protected geographical indication. Other analogous legal documents or proof may also
9 
be accepted.
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Sec. 18. Fiiing Date. -The filing date of an application shall be the date on
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which the Registrar received a fully accomplished application form, containing all the
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details set forth under Section 16 of this Act, together with the proof of payment of
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the required fee.
14 
Article V
15 
Examination
16 
Sec. 19. Examination; Deficiencies. - The Registrar shall examine the
17 
applications for registration of geographical indications in accordance with this Act or
18 
in accordance with an international treaty to which the Philippines is a party, according
19 
to procedures approved thereunder. Should there be any deficiency in the application,
20 
the applicant shall be notified by the Registrar to remedy the same, and if deemed
21 
necessary, shall be requested to submit additional information or documents within
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two (2) months from mailing date of the notice. The period to respond may be
23 
extended upon written request by the applicant and payment of the required fee for
24 
an additional period of one (1) month each but not to exceed the total of four (4)
25 
months from mailing date of the official action. Any request for such extension must
26 
be filed on or before the day on which the response of the applicant is due.
27 
In case the deficiencies are not remedied or if the applicant failed to submit
28 
the additional information or documents within the prescribed period, the application
29 
shall be considered withdrawn without prejudice to the right of the applicant to re-file
30 
the same application subject to the requirements set forth under this Act.
10


1 
Sec. 20. Disclaimer. - A generic or customary term or common name
2 
component of a geographical indication should be disclaimed. In general, a name or
3 
term Is considered generic, customary or common if it is understood by the general
4 
public in the Philippines or the relevant consumers of the goods covered by the
5 
geographical indication to be the product itself or the name and denomination used
6 
to refer to the goods themselves.
7 
Sec. 21. Withdrawal of Application. - The application may be withdrawn
8 
at any time by filing with the Registrar a written declaration of withdrawal signed by
9 
the applicant or its authorized representative or agent and upon payment of the
10 
prescribed fee.
11 
Article VI
12 
Homonymous Geographical Indications
13 
Sec. 22. Protection for Homonymous Geographical Indications. - In
14 
the case of homonymous geographical indications for goods as defined in Section 3(i)
15 
of this Act, the protection shall be accorded to each indication.
16 
Sec. 23. Differentiation of Homonymous Geographical Indications. -
17 
The Registrar, in cases of bona fide concurrent use of homonymous geographical
18 
indications, shall determine the practical conditions under which the homonymous
19 
geographical indications in question will be differentiated from each other, taking into
20 
account the need to ensure equitable treatment of the producers concerned and that
21 
the public are not misled.
22 
Article VII
23 
Refusal of the Application
24 
Sec. 24. Grounds for Refusal. - The following names shall not be registered
25 
as a geographical Indication and shall be refused:
26 
a) Those which are contrary to laws and regulations, public order, public policy
27 
or morality;
28 
b) Geographical indications of a foreign country which are not or have ceased
29 
to be protected in their country or territory of origin;
30 
c) Those which mislead or deceive the public as to the characteristic, nature,
31 
quality, place of origin, production process of the good and/or its use;
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1 
d) Those which consist exclusively of, or identical with, a generic, common or
2 
customary name of the goods in the Philippines and the geographical
3 
indication sought to be registered will be applied for the same goods;
4 
e) Those which are identical with or confusingly similar to the name of a plant
5 
variety or animal breed and is likely to mislead the consumer as to the true
6 
origin of the goods;
7 
f) Those which do not fail within the prescribed definition of geographical
8 
indication; and
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g) Those which are identical with, or confusingly similar to, or an evocation of,
10 
an earlier filed or registered geographical indication in the Philippines or in
11 
a treaty or international agreement of which the Philippines is a member in
12 
respect of the same goods or closely related goods as to cause confusion.
13 
Sec, 25, Order of Refusal. - Upon proper notification, an Order of Refusal
14 
shall be Issued by the Registrar to the applicant who may appeal the same to the
15 
Director General in accordance with the Uniform Rules on Appeal. No motion for
16 
reconsideration of the Registrar's decision is allowed.
17 
Article VIII
18 
Publication
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Sec, 26, Publication. - When the Registrar finds that the requirements
20 
prescribed by this Act are satisfied. It shall, upon payment of the prescribed fee,
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forthwith cause the application to be published in the e-Gazette for a period of one
22 
(1) month. The publication shall include the following:
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a) Application number;
24 
b) Filing date;
25 
c) All the details set forth under Section 16 of this 
Act; and
26 
d) Other matters which the Registrar may deem necessary.
27 
Article IX
28 
Opposition to the Registration of Geographical Indication
29 
Sec, 27, Opposition. - a) Within one (1) month from the publication of the
30 
application of the geographical indication and upon payment of the prescribed fee,
31 
any Interested person who may be damaged by its registration may file a notice to
32 
oppose the registrability of the geographical indication before the BLA of the IPOPHL.
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1 
The interested party may, in lieu of a notice, file a written request for extension of
2 
one (1) month for good cause and upon payment of the required fee.
3 
b) Within one (1) month from receipt by the BLA of such notice or request for
4 
extension, a verified and written opposition, including supporting documents, must
5 
also be submitted, without need of any notification from the BLA. Failure to comply
6 
within the prescribed period will result in the dismissal of the Opposition. In no case
7 
shall the filing of the verified opposition exceed two (2) months from the publication
8 
date of the application.
9 
(c) A copy of the opposition shall be furnished by the BLA to the applicant who
10 
may comment on it within one (1) month from receipt of the order. The opposition
11 
will be taken into consideration by the BLA in deciding whether to grant or refuse
12 
protection to the geographical indication being applied for.
13 
Article X
14 
Term of Protection
15 
Sec. 28. Finality of Decision; Registration and Term of Protection. - If
16 
no opposition is filed within the prescribed period, the geographical indication shall be
17 
granted protection on the day immediately after the last day of publication and
18 
entered in the Register of Protected Geographical Indications. In case there is an
19 
opposition, the protection shall be reckoned from the finality of the decision that the
20 
geographical indication is entitled to registration and protection. The registered
21 
geographical indication is protected for an unlimited term until or unless revoked with
22 
finality.
23 
Article XI
24 
Amendment
25 
Sec. 29. Amendment of an Application or Registration. - The application
26 
for registration or the registration of a geographical indication may be amended, at
27 
the request of the applicant or registrant, to correct the formalities in the application
28 
or registration and the details in the Manual of Specifications.
29 
Article XII
30 
Cancellation of Registration; Dispute Resolution
31 
Sec. 30. Cancellation of Registration. - At any time, upon payment of the
32 
prescribed fee and upon a verified petition by any interested person that the protection
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1 
of geographical indication accorded under Section 7 of this Act is no longer warranted,
2 
due notice and opportunity to be heard shall be given to the registrant and if the same
3 
petition is found to be meritorious, the BLA shall cancel the registration based on any
4 
of the following grounds:
5 
a) The conditions for protection specified under Section 3(g) of this Act have
6 
not been fulfilled;
7 
b) There has been a change in the geographical origin of the goods including
8 
the natural and human factors, which are determinative of the quality,
9 
reputation or characteristics of the goods bearing a geographical indication
10 
and such change results in the disqualification;
11 
c) Based on the ruling or decision of the court or tribunal, the applicant-
12 
registrant referred to under Section 13 of this Act has no effective control
13 
over the use of the geographical indication, standards of production of the
14 
goods and other product specifications;
15 
d) The registration of the geographical indication was obtained through false
16 
statements and documents during the course of the application; and
17 
e) The registered or protected geographical indication has been proven to be
18 
generic or a common or customary name of the goods covered thereby in
19 
the Philippines prior to the grant of protection.
20 
Sec. 31. Notice of Verified Petition, - The BLA shall notify and furnish a
21 
copy of the verified petition to the concerned registrant of the geographical indication
22 
who may comment to it within one (1) month from receipt of the order.
23 
The period to file the comment may be extended for another one (1) month
24 
upon written request of the registrant for good and sufficient cause and upon payment
25 
of the required fee. Thereafter, the petition shall be submitted for decision of the
26 
Director of the BLA. In no case shall the filing of the comment exceed two (2) months
27 
from the date of receipt of the notice to comment.
28 
Sec. 32. Appeai, - The decision of the BLA shall be final and executory unless
29 
appealed to the office of the Director General as provided under the uniform rules on
30 
appeal. No motion for reconsideration of the BLA Director's decision is allowed.
31 
Sec. 33. Dispute Resoiution, - Notwithstanding any contrary provision in
32 
the Manual of Specifications, if the approval of the association cannot be obtained as
14


1 
regards the formulation and/or implementation of any of the provisions and
2 
requirements in the Manual, including control processes and standards, and labeling
3 
rules, the same shall also be referred to the BLA for mediation as provided under the
4 
implementing rules.
5 
In case of any internal dispute, or any issue on the use and/or misuse of the
6 
geographical indication on the products specified in the registration by members of
7 
the applicant/registrant or authorized users thereof, or those involving conflicts and
8 
issues in the admission of stakeholders to the association and/or in imposing
9 
prohibitions on use of the registered geographical indication, these may be referred
10 
to the BLA for mediation as governed by the relevant implementing rules and
11 
regulations.
12 
If the settlement agreement involves the Implementation of the Manual of
13 
Specifications, the same is subject to review by the Registrar and/or any certifying
14 
government agency if the issue relates to the causal link of the products with the
15 
geographical area or any technical information on the product specification embodied
16 
in the Manual of Specifications. Upon clearance by the Registrar and/or certifying
17 
government agency, the settlement agreement shall be deemed final and will be
18 
incorporated in the Manual of Specifications.
19 
In the event mediation proceedings fail, the parties may be referred to the BLA
20 
for arbitration as provided in the rules and regulations.
21 
Article XIII
22 
Exceptions
23 
Sec. 34. Prior Users of Geographical Indications and Trademarks, -
24 
1) Nothing in this Act shall prevent the continued or similar use of a particular
25 
geographical indication of another country identifying goods in connection with goods
26 
or services by any national or domiciliary of the Philippines or any national with real
27 
or effective commercial establishment in, or doing business in the Philippines, who
28 
have used said geographical indication in a continuous manner with regard to the
29 
same or related goods or services in the Philippines either -
30 
a) For at least 10 years before April 15, 1994; or
31 
b) In good faith before April 15, 1994.
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1 
2) Where the trademark has been applied for or registered in good faith, or
2 
where rights to a trademark have been acquired through use in good faith either -
3 
a) Before the effectivity of this Act; or
4 
b) Before the geographical indication is protected in its country of origin.
5 
Measures adopted to implement this Act shall not prejudice the eligibility for,
6 
or the validity of the registration of the trademark, or the right to use a trademark, on
7 
the basis that such trademark is identical with or similar to, a geographical indication.
8 
Article XIV
9 
Indigenous Cultural Communities/Indigenous Peoples
10 
Sec. 35. Additional mechanism. - Considering the rights accorded to the
11 
indigenous cultural communities/indigenous peoples under the pertinent laws and
12 
international instruments, this Act shall serve as an additional mechanism towards
13 
recognition of the full ownership, control, and protection of their cultural and
14 
intellectual rights.
15 
Sec. 36. Filing and compliance assistance. - Recognizing the importance
16 
and benefits of protecting, promoting and preserving traditional knowledge and
17 
traditional cultural expressions through geographical indications, the IPOPHL shall
18 
endeavor to capacitate and assist the indigenous cultural communities/indigenous
19 
peoples in the filing of their applications and compliance of the prescribed
20 
requirements.
21 
Sec. 37. Waiver of fees. - The Director General is authorized to grant partial
22 
or total waiver of fees for applications filed by recognized indigenous cultural
23 
communities/indigenous peoples prescribed by the Bureau relevant to the
24 
geographical indication registration.
25 
Sec. 38. Non-diminution of rights. - Nothing in this Act may be construed
26 
as diminishing or extinguishing the rights that indigenous cultural
27 
communities/indigenous peoples have or may acquire in the future.
28 
Article XV
29 
Infringement of Geographical Indications,
30 
Sanctions and Penalties
31 
Sec. 39. Infringement of Geographical Indications. - Any willful use of
32 
registered geographical indications in a manner prescribed under Section 8 of this Act,
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1 
without the consent or authorization from the registrant, is considered as an
2 
infringement and offense against the economic interest of the State. The State can
3 
motu proprio take administrative or legal measures to enforce protection of
4 
geographical indication against the geographical indication's infringers.
5 
Sec. 40. Penalties. - Independent of the civil and administrative sanctions
6 
imposed by law, a criminal penalty of imprisonment from two (2) years to five (5)
7 
years and a fine ranging from five hundred thousand pesos (P500,000.00) to one
8 
million pesos (P1,000,000.00), shall be imposed on any person who is found guilty of
9 
committing infringement of geographical indications.
10 
Article XVI
11 
Final Provisions
12 
Sec. 41. Appropriations. - The amount necessary for the conduct of
13 
activities and projects in relation to capacity-building, research and development, and
14 
assistance to potential and registered geographical indication producers shall be
15 
sourced from the budgets of the different government agencies tasked to implement
16 
the same.
17 
Sec. 42. Implementing Rules and Regulations. - Within ninety days (90)
18 
after the effectivity of this Act, the IPOPHL, in consultation with the relevant
19 
stakeholders, shall formulate the implementing rules and regulations (IRR) necessary
20 
to carry out the provisions of this Act.
21 
Sec. 43. Transitory Provision. - Geographical indications registered by the
22 
IPOPHL under Republic Act No. 8293 and its regulations prior to the effectivity of this
23 
Act shall remain valid and effective. They shall automatically be transferred to, and
24 
form part of, the register created under this Act.
25 
Sec. 44. Repealing Clause. - All laws, acts, presidential decrees or
26 
proclamations, issuances, executive orders, letters of instruction, administrative
27 
orders, rules and regulations, or parts thereof inconsistent with any of the provisions
28 
of this Act are hereby repealed, amended, or modified accordingly.
29 
Sec. 45. Separability Clause. - If any provision of this Act is declared
30 
unconstitutional, the remainder of this Act or any provision not affected thereby shall
31 
remain in full force and effect.
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1 
Sec. 46. Effectivity. - This Act shall take effect fifteen (15) days after its
2 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
18