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Republic of the Philippines © wre, MAY.
HOUSE OF REPRESENTATIVES TIME:
Quezon City <r
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SEVENTEENTH CONGRESS “ess

Second Regular Session

5539

HOUSE BILL NO-

Introduced by REP. Michael L. Romero and Enrico A. Pineda

EXPLANATORY NOTE

The Republic of the Philippines recognizes that an effective intellectual and
industrial property system is vital to the development of domestic and creative
activity, facilitates transfer of technology, attracts foreign investments, and
ensures market access for our products. It shall protect and secure the exclusive
rights of scientists, inventors, artists and other gifted citizens to their intellectual
property and creations, particularly when beneficial to the people, for such
periods as provided in this Act.

The use of intellectual property bears a social function, To this end, the State
shall promote the diffusion of knowledge and information for the promotion of
national development and progress and the common good.

This House Bill seeks to streamline all administrative procedures of registering
patents, trademarks and copyright, to liberalize the registration on the transfer of

technology, and to enhance the enforcement of intellectual property rights in
the Philippines.

Thus, the early passage of this bill is earnestly requested.

MICHAEL L. ROMERO Ph.D Kon A\ PINEDA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

539

HOUSE BILL NO. __

Introduced by REP. Michael L. Romero and Enrico A. Pineda

AN ACT
AMENDING REPUBLIC ACT NO.8293 OTHERWISE KNOWN AS THE
“INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES”, INCREASING ITS
PENALTIES AND SANCTIONS, RATIONALIZING ITS POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the
Philippines in congress assembled:

SECTION 1. Declaration of Policy

Section 145, of Republic Act No. 8293 is hereby amended to read:

Section 145. Duration - A cerlificate of registration shall remain in
force for Fifteen (15) years:

Provided, That the registrant shall file a declaration of actual use
and evidence to that effect, or shall show valid reasons based on

the existence of obstacles to such use. as prescribed by the


Regulations, within two (2) years from the fifth anniversary of the
date of the registration of the mark.

Otherwise, the mark shall be removed from the Register by the
Office, (Sec, 12, R.A. No. 166a)

SECTION 2. Declaration of Policy

Section 146, of Republic Act No. 8293 is hereby amended to read:

Section 146. Renewal —

146.1. A certificate of registration may be renewed for periods of
Fifteen (15) years at its expiration upon payment of the prescribed
fee and upon filing of a request. The request shall contain the
following indications:

(a) An indication that renewal is sought;

(b) The name and address of the registrant or his
successor-in-interest, hereafter referred to as the "right
holder’;

(c) The registration number of the registration
concerned;

(d) The filing date of the application which resulted in
the registration concemed to be renewed;

(e) Where the right holder has a representative, the
name and address of that representative:

(f) The names of the recorded goods or services for
which the renewal is requested or the names of the
recorded goods or services for which the renewal is not


requested, grouped according to the classes of the
Nice Classification to which that group of goods or
services belongs and presented in the order of the
classes of the said Classification; and

(g) A signature by the right holder or his representative.

146.2. Such request shall be in Filipino or English and may be made
at any time within six (6) months before the expiration of the period
for which the registration was issued or renewed, or it may be made
within six (6) months affer such expiration on payment of the
additional fee herein prescribed.

146.3. If the Office refuses to renew the registration, it shall notify the
registrant of his refusal and the reasons therefore.

146.4. An applicant for renewal not domiciled in the Philippines shall
be subject to and comply with the requirements of this Act. (Sec.
15, R.A. No. 166)

SECTION 3. Declaration of Policy

Section 170, of Republic Act No. 8293 is hereby amended to read:

Section 170. Penalties - Independent of the civil and administrative
sanctions imposed by law, a criminal penalty of imprisonment of a
minimum of three (3) years to six (6) years and a fine ranging from One
hundred fifty thousand pesos (150,000.00) to Four hundred thousand
pesos (P400,000.00), shall be imposed on any person who is found guilty of
committing any of the acts mentioned in Section 155, Section 168 and
Subsection 169.1. (Arts. 188 and 189, Revised Penal Code)


SECTION 4. Declaration of Policy

Section 200, of Republic Act No. 8293 is hereby amended to read:

Section 200. Sale or Lease of Work - In every sale or lease of an original
work of painting or sculpture or of the original manuscript of a writer or
composer, subsequent to the first disposition thereof by the author, the
author or his heirs shall have an inalienable right to participate in the gross
proceeds of the sale or lease to the extent of eight percent (8%). This right
shall exist during the lifetime of the author and for fifty (50) years after his
death.

SECTION 5. Declaration of Policy

Section 217, of Republic Act No, 8293 is hereby amended to read:

Section 217. Criminal Penalties -

217.1. Any person infringing any right secured by provisions of Part IV of this
Act or aiding or abetting such infringement shall be guilty of a crime
punishable by:

(a) Imprisonment of two (2) years to four (4) years plus a fine
ranging from One hundred fifty thousand pesos (150,000.00)
fo Three hundred thousand pesos (300,000.00) for the first
offense.

(b) Imprisonment of a minimum of three (3) years and one (1)
day to six (6) years plus a fine ranging from Three hundred
thousand pesos (P300,000.00) to Five hundred thousand
pesos (500,000.00) for the second offense.

(c) Imprisonment of a minimum of six (6) years and one (1)
day to twelve (12) years plus a fine ranging from five hundred


thousand pesos (500,000.00) to One million five hundred
thousand pesos (P1,500,000.00) for the third and subsequent
offenses.

(d) In all cases, subsidiary imprisonment in cases of insolvency.

217.2. In determining the number of years of imprisonment and the
amount of fine, the court shall consider the value of the infringing
materials that the defendant has produced or manufactured and the
damage that the copyright owner has suffered by reason of the
infringement.

217.3. Any person who at the time when copyright subsists in a work has in
his possession an article which he knows, or ought to know. to be an
infringing copy of the work for the purpose of:

(a) Selling, letting for hire. or by way of trade offering or
exposing for sale, or hire. the article:

(b) Distributing the article for purpose of trade, or for any
other purpose to an extent that will prejudice the rights of the
copyright owner in the work: or

(c) Trade exhibit of the article in public, shall be guilty of an
offense and shall be liable on conviction to imprisonment and
fine as above mentioned. (Sec. 29, P.D. No. 49a)

SECTION 6. SEPARABILITY CLAUSE - If any provision or section of this
Act or the application thereof fo any person or circumstances is held invalid, the
other provisions or sections of this Act shall remain valid, and the application of
such remaining provisions or sections to the other persons or circumstances, shall
not be affected thereby.


SECTION 7. REPEALING CLAUSE - All laws, executive orders, issuances,
rules and regulations inconsistent with this Act are hereby amended, repealed
or modified accordingly.

SECTION 8. EFFECTIVITY CLAUSE - This Act shall take effect fifteen (15)
days from the date of its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved.