Lecture Notes on Republic Act No. 8293

Presented by: Kay Russell P. Formoglias
Co-Presenter: Ms. Ivy Jane Pradas

Introduction to Intellectual Property

• Intellectual Property Rights (IPR):
  • Rights granted to individuals over their creations (inventions, literary works, designs, symbols, names, pictures).
  • Grants exclusive rights to inventors for a set period.
  • Related to the protection of creations of human intellect, akin to tangible assets.

Overview of Republic Act No. 8293

• Title: Intellectual Property Code of the Philippines
• Purpose: Establishes the Intellectual Property Office and outlines its powers and functions.
• Sections: The act consists of 19 sections, with the first nine discussed by Kay and the rest by Ivy.

Section 1: Title

• Known as the Intellectual Property Code of the Philippines.

Section 2: Declaration of State Policy

• Recognizes the importance of an effective intellectual property system for:
  • Development of domestic and creative activity.
  • Facilitating technology transfer.
  • Attracting foreign investments.
  • Ensuring market access for products.
• Safeguards exclusive rights of individuals (scientists, inventors, artists) to their creations.
• Promotes diffusion of knowledge and information for national development.

Section 3: International Conventions of Reciprocity

• Individuals from other countries are entitled to benefits under international agreements.

Section 4: Definitions of Intellectual Property Rights

1. Copyright and Related Rights:
   • Protects original authors of creative works (e.g., speeches, poetry, songs).
   • Copyright is immediate upon creation.
2. Trademarks and Service Marks:
   • Protects logos, phrases, sounds, symbols used by corporations (e.g., McDonald's logo).
   • Covers trademarks and service marks.
3. Geographic Indications:
   • Identifies goods linked to their geographic origin.
   • Protects against misleading usage.
4. Industrial Designs:
   • Protected for 10 years.
   • Owners can ban duplicates.
5. Patents:
   • Exclusive rights to creations.
   • Patent holders disclose technical information.
6. Layout Designs of Integrated Circuits:
   • Protected for 10 years under the TRIPS agreement.
7. Protection of Undisclosed Information:
   • Safeguards trade secrets and confidential information.
8. Technology Transfer Agreements:
   • Involves systematic knowledge transfer for manufacturing, processes, and services.
9. IPO Gazette:
   • Publication for IP matters required under the code.

Section 5: Functions of the Intellectual Property Office (IPO)

• Manages and implements state policies related to intellectual property.
• Functions include:
  • Examining patent applications.
  • Registering trademarks and geographical indications.
  • Settling disputes and promoting use of patent information.
  • Publishing records related to IP rights.

Section 6: Organizational Structure of IPO

• Headed by a Director General with two deputy directors.
• Divided into six bureaus:
  1. Bureau of Patents
  2. Bureau of Trademarks
  3. Bureau of Legal Affairs
  4. Documentation, Information, and Technology Transfer Bureau
  5. Management Information System and EDP Bureau
  6. Administrative Financial and Personal Services Bureau

Section 7: Director General and Deputy Director General

• Responsibilities include overseeing operations, collaborating with government agencies, and establishing fees.
• Appointment qualifications require experience and integrity.

Section 8: Bureau of Patents

• Functions include searching and examining patent applications, granting patents, and conducting related research.

Section 9: Bureau of Trademarks

• Responsibilities include assessing applications for registration of marks and conducting trademark studies.

Conclusion

• The discussion covered the first nine sections of Republic Act No. 8293.
• Transition to the next reporter, Ms. Paredes, for further sections.