Understanding Republic Act No. 8293

So, good day everyone. I am Kay Russell P. Formoglias from BSO English, together with my co-reporter Ms. Ivy Jane Pradas. So, today we'll be discussing Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines. But before that, let us know what Intellectual Property Rights means. Intellectual property rights, according to my research, are the rights granted to people over their creations, such as inventions, literary and creative works, designs, symbols, names, and even pictures that is used in like a business. So they often grant the inventor exclusive rights to utilize his or her invention. for a set length of time. The concept of intellectual property relates to the fact that certain creations of human intellect should be afforded the same protective rights that apply to physical property which are called tangible assets. Okay so RA 8293 or the intellectual property code The Philippines is an act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions and for other purposes. RAA 293 has 19 sections and I will be going to discuss the first nine sections and the rest will be discussed by Ms. Paredes. To start with... Let us know the title, which is indicated in Section 1. So this act is known as what I've said earlier, the Intellectual Property Code of the Philippines. Okay, for Section 2, the Declaration State of the Policy. So the state 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. So this act shall safeguard and protect the exclusive rights of the individual. of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people for the time period specified in this act. So the use of intellectual property bears a social function. To this end, the state should promote the diffusion of knowledge. and information for the promotion of national development and progress and the common good. So basically, this section entails the reason why this Republic Act was created. Okay, next is the section three, the international conventions of reciprocity. So when we talk about reciprocity, usually means that favors, rewards, or penalties imposed by one state on residents or legal entities of another should be returned in light. So, any person who is a national or resident or has a real and effective industrial establishment in a country shall be in entitled to benefits to the extent necessary to give effect to any provision of such convention or agreement. So that's all for the Section 3. Next, for Section 4, it includes the definitions and intellectual property rights. First is the copyright and related rights. Copyright laws defend the rights of the original authors of intellectual property works. So copyright, unlike patent, must be tangible. For example, you cannot copyright a concept. However, you can obtain a copyright for an original speech, poetry, or song. The author immediately owns the copyright when he or she creates an original work of authorship or another term is the OWA. The films are likewise subject to similar exclusivity rights. Performers and producers of sound recordings will be protected for at least 50 years, while broadcasting companies will be protected for at least 20 years. Second is trademarks and service marks. So it protects logos, sounds, phrases, colors, or symbols that a corporation uses to differentiate its service or product. Examples of trademarks include the Twitter logo, the McDonald's sign of McDonald. and the font used by Dunkin'Donuts, while patents protect a single product. So trademarks may protect a group of items. So the Trademark Act of 1946, often known as the Lanham Act, covers trademarks, violation, and service marks. Third is the... geographic indications. So it refers to the identification of goods originating in a member's territory or an area or a place within that territory where the quality or reputation of the items is primarily linked to its geographical origin. So members are bound to provide interested parties and legal measures to prevent the use of any indication that misleads the consumer as to the products origin as well as any usage that would constitute an act of unfair competition. Next is industrial designs. So industrial designs are protected for 10 years. So owners of protected designs would be allowed to ban the commercial manufacturing, sale, or even importation of products having or incorporating a design that is a duplicate of the protected design. Next is patents. Patents, which is an exclusive right awarded. to a creation. In general, a patent gives the patent owner the right to decide how or whether the creation can be utilized by others. In return for this privilege, the patent holder makes technical information about the invention publicly available in the published patent document. Next, for layout. for layout designs of integrated circuits. The TRIPS agreement provides protection to the layout designs of integrated circuits for a period of 10 years but the protection shall lapse 15 years after the creation of the layout design. Next is the protection and undisclosed information. It means that commercially valuable trade secrets must be secured from breach of confidence and other activities. Test data submitted to governments for marketing authorization of medicines or agricultural chemicals must be secured from unauthorized commercial usage. Next, the... Technology Transfer Agreements. This refers to contracts or agreements involving the transfer of systematic knowledge. for the manufacture of a product, the application of a process or rendering of a service including management contracts, and the transfer assignment or licensing of all forms of intellectual property rights including a licensing of a computer software, exact computer software developed for mass market. The term office refers to the intellectual property office created by this act. And lastly, the IPO Gazette. It refers to the intellectual property office-owned magazine in which all matters needed to be published under the IP code are published. That's all for today. Section number four. Let's now proceed to section number five, the functions of the Intellectual Property Office or the IPO. So to manage and implement the state policies proclaimed in this Act, the Intellectual Property Office or IPO is hereby created with the following functions. First. to administer, I mean examine applications for grant of letters, patent for inventions, and register utility models and industrial designs. Second is examine applications for the registration of marks, geographic indication, integrated circuits. Next, register technology transfer arrangements and settle disputes, including technology transfer payments covered by the provisions of Part 2, Chapter 9 on Voluntary Licensing and Develop and Implement Strategies to Promote and Facilitate Technology. Next, D, promote the use of patent information as a tool for technology development. Next, publish regularly in its own publication the patents, marks, utility models, and industrial designs issued and approved and the technology transfer arrangements registered. Next, administratively adjudicate contested proceedings affecting intellectual property rights and lastly coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. Next. Also The office is responsible for all records, books, drawings, specifications, documents, and other materials and items pertaining to intellectual property applications for property rights submitted with the office. For section number six, the organizational structure IPO. The office shall be headed by a director general who shall be assisted by two deputies director general. So the office shall be divided into six bureaus each of which shall be headed by a director and assistant by an assistant director. So these bureaus are the Bureau of Patents, the Bureau of Trademarks, the Bureau of Legal Affairs, the Documentation, Information and Technology Transfer Bureau, the Management Information System and EDP Bureau, and lastly, the Administrative Financial and Personal Services Bureau. But only the president will appoint the Director General. Director General, Directors, and Assistant Directors, as well as the other officials and directors. While employees of the office are appointed, by the Secretary of Trade and Industry in accordance with the Civil Service Law. Next is the Section 7, the Director General and Deputy Director General. Number one is the function. So as a General Director, first must be effective. efficient, and economical operations of the office that require statutory enactment. Second, collaboration with other government agencies in intellectual property enforcement. Third, the identification of attorneys, agents, or other individuals appearing in court on behalf of applicants or third party parties. And lastly, the Director General is subject to the Secretary of Trade and Industry's supervision in establishing fees for the filing and processing of an application for a patent, utility model, industrial design or mark, collective remark. what else, geographic indication and other marks of ownership, as well as for all other services and materials furnished by the office. Next, exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal Affairs. the Director of Patents, the Director of Trademarks, and the Director of the Documentation, Information, and Technology Transfer Bureau. The Director General's decisions in exercising his legal authority in relation to the decisions of the Directors of Patents and Trademarks are appealable to the Court of Appeals in accordance with the rules of court. and those of the Director of Documentation, Information and Technology Transfer Bureau are appealable to the Secretary of Trade and Industry. Next, exercise original jurisdiction to resolve disputes relating to the terms of a license involving the author's right to public performance or other communication of his work. The decisions of the Director General in these cases shall be appealable to the Secretary of Trade and Industry. Number two is qualifications. So as a Director General and the Deputy Director General must be natural born citizens of the Philippines at least 35 years of age. on the day of the appointment. A degree holder, proven competence, integrity, probity, and independence shall be members of the Philippine Bar who have engaged in the practice of law for at least 10 years. Next is term of office. So the Director General and the Director General's deputies deputies shall be appointed by the President for a five-year term and shall be eligible for reappointment no more than once. Provided, however, that the First Director General shall serve a seven-year term, any appointment to a vacancy shall be for the remainder of the President's term. Lastly, is the Office of the Director General. So the Office of the Director General shall consist of the Director General and the Deputy Director General, their immediate staff and such offices and services that the Director General will set up to support directly the Office of the Director General. For Section 8, the Bureau of Patents. So the Bureau of Patents shall have the following functions. First, search and examination of patent applications and the grant patents. Second, registration of utility models, industrial designs, and integrated circuits. Lastly, conduct studies and research in the field of patents in order to assist the Director General in formulating policies on the administration. and examination of patents. Next is section number nine, the Bureau of Trademarks. So this, the Bureau of Trademarks shall perform the following duties. First, the search and assessment of applications for the registration of marks, geographical indications, and other ownership markings as well as the issue of registration certifications and conduct trademark studies and research in order to help the Director General in developing policies for trademark administration and examination. And that's all for my part and now I will give the virtual floor to our next reporter, Ms. Paredes. Section 10, the Bureau of Legal Affairs. The Bureau of Legal Affairs shall have the following functions. 10.1, hear and decide the position to the application for registration of marks, cancellation of trademarks, subject to the provision of Section 64, cancellation of patents, utility models, and industrial designs, and petition for compulsory licensing of patents. 10.2a. Exercise original jurisdiction in administrative complaints for violations of laws involving intellectual property rights, provided that its jurisdiction is limited to complaints where the total damages claimed are not less than P200,000, provided further that availment of the provisions remedies may be granted in accordance with the rules of court. The Director of Legal Affairs shall have the power to hold and punish for contempt all those who disregard orders or which issued in the course of the proceedings. After formal investigation, the Director for Legal Affairs may impose one or more of the following administrative penalties. 1. The issuance of a cease and desist order which shall specify the acts that the respondent shall cease and desist from and shall require him to submit a compliance report within a reasonable time which shall be fixed in the order 2 the acceptance of a voluntary assurance of compliance or discontinuance as may be imposed such voluntary assurance may include one or more of the following one an assurance to comply with the provisions of the intellectual property law violated. 2. An assurance to refrain from engaging in unlawful and unfair acts and practices subject of the formal investigation. 3. An assurance to recall, replace, repair, or refund the money value of defective goods distributed in commerce. And 4. An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case in the Bureau of Legal Affairs. The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a bond to guarantee compliance of his undertaking. The condemnation or seizure of products which are subject of the offence, the goods seized her under shall be disposed of in such manner as may be deemed appropriate by the Director of Legal Affairs, such as by sale, donation to distressed local governments, or to charitable or relief institutions, exportation, recycling into other goods, or any combination thereof, under such guidelines as he may provide. 4. The forfeiture of paraphernalia and all real and personal properties which had been used in the commission of the offense. 5. The imposition of administrative fines in such amount as deemed reasonable by the Director of Legal Affairs, which shall in no case be less than 5,000 pesos, no more than 150,000 pesos. 6. In addition, an additional fine of not more than 1,000 pesos. shall be imposed for each day of continuing violation. 6. The cancellation of any permit, license, authority, or registration may have been granted by the office, or the suspension of the validity thereof for such period of time, as the Director of Legal Affairs may deem reasonable which shall not exceed one year. 7. The withholding of any permit, license, authority or registration which is being secured by the respondent from the office eight the assessment of damages nine censure and ten other analogous penalties or sanctions 10.3 the director general may by regulation establish the procedure to govern the implementation of this section section 11 The Documentation, Information, and Technology Transfer Bureau shall have the following function. 11.1. Support the search and examination activities of the office through the following activities. A. Maintain and upkeep classification systems whether they be national or international, such as the international patent. classification or IPC system. B. Provide advisory services for the determination of search patterns. C. Maintain search files and search rooms and reference libraries and the ADAPT and package industrial property information. 11.2. Establish networks or intermediaries or regional representatives. 11.3. Educate the public and build awareness on intellectual property through the conduct of seminars and lectures and other similar activities. 11.4. Establish working relations with research and development institutions as well as with local and international intellectual property professional groups and the like. 11.5. Perform state-of-the-art searches. 11.6. promote the use of patent information as an effective tool to facilitate the development of technology in the country, 11.7. Provide technical advisory and other services relating to the licensing and promotion of technology and carry out an efficient and effective program for technology transfer, and 11.8. Register technology transfer arrangements and settle disputes involving technology transfer payments. Section 12. The Management Information Services and EDP Bureau. The Management Information Services and EDP Bureau shall 12.1. Conduct an automation planning, research and development, testing of systems, contracts with firms, contracting, purchase and maintenance of equipment, design and maintenance of systems, user consultation, and the like. 12.2 Provide management information support and service to the office. Section 13. The Administrative Financial and Human Resource Development Service Bureau. 13.1. The Administrative Service shall a. Provide services relative to procurement and allocation of supplies and equipment, transportation, messengerial work, cashiering, payment of salaries and other offices'obligations, office maintenance, property safety and security, and other utility services, and comply with government regulatory requirements in the areas of performance appraisal, compensation and benefits, employment records, and reports. b. Receive all applications filed with the office and collect fees thereof, and c. Publish patent applications and grants, trademark applications and registration of marks industrial designs utility models, geographic indication, and layout designs of integrated circuits registration. 13.2. The Patent and Trademark Administration Services shall perform the following functions, among others. A. Maintain registration of assignments, merging licenses, and bibliographic on patents and trademarks. B. Collect maintenance fees. issue certified copies of documents in its custody and perform similar other activities and see hold in custody all the applications filed with office and all patent grants certificate of registration issued by the office and the like 13.3 the financial service shall formulate and manage a financial program to ensure availability and proper utilization of funds provide for an effective monitoring system of the financial Operations of the office and 13.4. The Human Resource Development Service shall design and implement human resource development plans and programs for the personnel of the office, provide for present and future manpower needs of the organization, maintain high moral and favorable employee attitudes towards the organization through the continuing design and implementation of employee development programs. Section 14 Use of Intellectual Property Rights by the IPO Subsection 14.1 The Director General of the Public Prosecution Service or PPSC has been authorized to retain without need of separate approval from any government agency all fees, fines, royal fees, and other charges. This amount shall be in addition to the office's annual budget. shall be deposited and maintained in a separate account or fund subsection 14.2 as per mentioned in section 14.1 of this act provides that after five years from the coming into force the director general of trade and industry may determine if the fees and charges he or she collects are sufficient to meet his or her budgetary requirements if not they cease to receive funds from the annual budget of the national government section 15 special technical and scientific assistance the director general is empowered to obtain the assistance of technical scientific or other qualified officers and employees of other departments bureaus offices agencies and instrumentalities of the government when deemed necessary in the converse consideration of any matters submitted to the office relative to the enforcement of the provisions of this act section 16 seal of office the office shall have a seal the form and design of which shall be approved by the director general section 17 publication of laws and regulations the director general shall cause to be printed and make available for distribution pamphlet copies of the act and other pertinent laws, executed orders, and information circulars relating to matters within the jurisdiction of the office. Section 18. The IPO Gazette. All matters required to be published under this Act shall be published in the office's own publication to be known as the IPO Gazette. Section 19. Disqualification of Officers and Employees of the Office. shall not apply or act as an attorney or patent agent of an application for a grant of patent for the registration of a utility model, industrial design, or mark nor acquire, except by hereditary succession, any patent or utility model, design registration, or mark, or any right, title, or interest therein during their employment for one year thereafter. That ends our discussion and I hope you learned something.

But before that, let us know what Intellectual Property Rights means. Intellectual property rights, according to my research, are the rights granted to people over their creations, such as inventions, literary and creative works, designs, symbols, names, and even pictures that is used in like a business. So they often grant the inventor exclusive rights to utilize his or her invention.

for a set length of time. The concept of intellectual property relates to the fact that certain creations of human intellect should be afforded the same protective rights that apply to physical property which are called tangible assets. Okay so RA 8293 or the intellectual property code The Philippines is an act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions and for other purposes.

RAA 293 has 19 sections and I will be going to discuss the first nine sections and the rest will be discussed by Ms. Paredes. To start with... Let us know the title, which is indicated in Section 1. So this act is known as what I've said earlier, the Intellectual Property Code of the Philippines.

Okay, for Section 2, the Declaration State of the Policy. So the state 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. So this act shall safeguard and protect the exclusive rights of the individual.

of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people for the time period specified in this act. So the use of intellectual property bears a social function. To this end, the state should promote the diffusion of knowledge.

and information for the promotion of national development and progress and the common good. So basically, this section entails the reason why this Republic Act was created. Okay, next is the section three, the international conventions of reciprocity.

So when we talk about reciprocity, usually means that favors, rewards, or penalties imposed by one state on residents or legal entities of another should be returned in light. So, any person who is a national or resident or has a real and effective industrial establishment in a country shall be in entitled to benefits to the extent necessary to give effect to any provision of such convention or agreement. So that's all for the Section 3. Next, for Section 4, it includes the definitions and intellectual property rights. First is the copyright and related rights. Copyright laws defend the rights of the original authors of intellectual property works.

So copyright, unlike patent, must be tangible. For example, you cannot copyright a concept. However, you can obtain a copyright for an original speech, poetry, or song.

The author immediately owns the copyright when he or she creates an original work of authorship or another term is the OWA. The films are likewise subject to similar exclusivity rights. Performers and producers of sound recordings will be protected for at least 50 years, while broadcasting companies will be protected for at least 20 years.

Second is trademarks and service marks. So it protects logos, sounds, phrases, colors, or symbols that a corporation uses to differentiate its service or product. Examples of trademarks include the Twitter logo, the McDonald's sign of McDonald. and the font used by Dunkin'Donuts, while patents protect a single product.

So trademarks may protect a group of items. So the Trademark Act of 1946, often known as the Lanham Act, covers trademarks, violation, and service marks. Third is the...

geographic indications. So it refers to the identification of goods originating in a member's territory or an area or a place within that territory where the quality or reputation of the items is primarily linked to its geographical origin. So members are bound to provide interested parties and legal measures to prevent the use of any indication that misleads the consumer as to the products origin as well as any usage that would constitute an act of unfair competition. Next is industrial designs.

So industrial designs are protected for 10 years. So owners of protected designs would be allowed to ban the commercial manufacturing, sale, or even importation of products having or incorporating a design that is a duplicate of the protected design. Next is patents. Patents, which is an exclusive right awarded. to a creation.

In general, a patent gives the patent owner the right to decide how or whether the creation can be utilized by others. In return for this privilege, the patent holder makes technical information about the invention publicly available in the published patent document. Next, for layout.

for layout designs of integrated circuits. The TRIPS agreement provides protection to the layout designs of integrated circuits for a period of 10 years but the protection shall lapse 15 years after the creation of the layout design. Next is the protection and undisclosed information.

It means that commercially valuable trade secrets must be secured from breach of confidence and other activities. Test data submitted to governments for marketing authorization of medicines or agricultural chemicals must be secured from unauthorized commercial usage. Next, the...

Technology Transfer Agreements. This refers to contracts or agreements involving the transfer of systematic knowledge. for the manufacture of a product, the application of a process or rendering of a service including management contracts, and the transfer assignment or licensing of all forms of intellectual property rights including a licensing of a computer software, exact computer software developed for mass market.

The term office refers to the intellectual property office created by this act. And lastly, the IPO Gazette. It refers to the intellectual property office-owned magazine in which all matters needed to be published under the IP code are published.

That's all for today. Section number four. Let's now proceed to section number five, the functions of the Intellectual Property Office or the IPO.

So to manage and implement the state policies proclaimed in this Act, the Intellectual Property Office or IPO is hereby created with the following functions. First. to administer, I mean examine applications for grant of letters, patent for inventions, and register utility models and industrial designs. Second is examine applications for the registration of marks, geographic indication, integrated circuits. Next, register technology transfer arrangements and settle disputes, including technology transfer payments covered by the provisions of Part 2, Chapter 9 on Voluntary Licensing and Develop and Implement Strategies to Promote and Facilitate Technology.

Next, D, promote the use of patent information as a tool for technology development. Next, publish regularly in its own publication the patents, marks, utility models, and industrial designs issued and approved and the technology transfer arrangements registered. Next, administratively adjudicate contested proceedings affecting intellectual property rights and lastly coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country.

Next. Also The office is responsible for all records, books, drawings, specifications, documents, and other materials and items pertaining to intellectual property applications for property rights submitted with the office. For section number six, the organizational structure IPO. The office shall be headed by a director general who shall be assisted by two deputies director general. So the office shall be divided into six bureaus each of which shall be headed by a director and assistant by an assistant director.

So these bureaus are the Bureau of Patents, the Bureau of Trademarks, the Bureau of Legal Affairs, the Documentation, Information and Technology Transfer Bureau, the Management Information System and EDP Bureau, and lastly, the Administrative Financial and Personal Services Bureau. But only the president will appoint the Director General. Director General, Directors, and Assistant Directors, as well as the other officials and directors. While employees of the office are appointed, by the Secretary of Trade and Industry in accordance with the Civil Service Law. Next is the Section 7, the Director General and Deputy Director General.

Number one is the function. So as a General Director, first must be effective. efficient, and economical operations of the office that require statutory enactment. Second, collaboration with other government agencies in intellectual property enforcement.

Third, the identification of attorneys, agents, or other individuals appearing in court on behalf of applicants or third party parties. And lastly, the Director General is subject to the Secretary of Trade and Industry's supervision in establishing fees for the filing and processing of an application for a patent, utility model, industrial design or mark, collective remark. what else, geographic indication and other marks of ownership, as well as for all other services and materials furnished by the office.

Next, exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal Affairs. the Director of Patents, the Director of Trademarks, and the Director of the Documentation, Information, and Technology Transfer Bureau. The Director General's decisions in exercising his legal authority in relation to the decisions of the Directors of Patents and Trademarks are appealable to the Court of Appeals in accordance with the rules of court.

and those of the Director of Documentation, Information and Technology Transfer Bureau are appealable to the Secretary of Trade and Industry. Next, exercise original jurisdiction to resolve disputes relating to the terms of a license involving the author's right to public performance or other communication of his work. The decisions of the Director General in these cases shall be appealable to the Secretary of Trade and Industry. Number two is qualifications. So as a Director General and the Deputy Director General must be natural born citizens of the Philippines at least 35 years of age.

on the day of the appointment. A degree holder, proven competence, integrity, probity, and independence shall be members of the Philippine Bar who have engaged in the practice of law for at least 10 years. Next is term of office.

So the Director General and the Director General's deputies deputies shall be appointed by the President for a five-year term and shall be eligible for reappointment no more than once. Provided, however, that the First Director General shall serve a seven-year term, any appointment to a vacancy shall be for the remainder of the President's term. Lastly, is the Office of the Director General.

So the Office of the Director General shall consist of the Director General and the Deputy Director General, their immediate staff and such offices and services that the Director General will set up to support directly the Office of the Director General. For Section 8, the Bureau of Patents. So the Bureau of Patents shall have the following functions. First, search and examination of patent applications and the grant patents. Second, registration of utility models, industrial designs, and integrated circuits.

Lastly, conduct studies and research in the field of patents in order to assist the Director General in formulating policies on the administration. and examination of patents. Next is section number nine, the Bureau of Trademarks. So this, the Bureau of Trademarks shall perform the following duties. First, the search and assessment of applications for the registration of marks, geographical indications, and other ownership markings as well as the issue of registration certifications and conduct trademark studies and research in order to help the Director General in developing policies for trademark administration and examination.

And that's all for my part and now I will give the virtual floor to our next reporter, Ms. Paredes. Section 10, the Bureau of Legal Affairs. The Bureau of Legal Affairs shall have the following functions. 10.1, hear and decide the position to the application for registration of marks, cancellation of trademarks, subject to the provision of Section 64, cancellation of patents, utility models, and industrial designs, and petition for compulsory licensing of patents. 10.2a.

Exercise original jurisdiction in administrative complaints for violations of laws involving intellectual property rights, provided that its jurisdiction is limited to complaints where the total damages claimed are not less than P200,000, provided further that availment of the provisions remedies may be granted in accordance with the rules of court. The Director of Legal Affairs shall have the power to hold and punish for contempt all those who disregard orders or which issued in the course of the proceedings. After formal investigation, the Director for Legal Affairs may impose one or more of the following administrative penalties. 1. The issuance of a cease and desist order which shall specify the acts that the respondent shall cease and desist from and shall require him to submit a compliance report within a reasonable time which shall be fixed in the order 2 the acceptance of a voluntary assurance of compliance or discontinuance as may be imposed such voluntary assurance may include one or more of the following one an assurance to comply with the provisions of the intellectual property law violated. 2. An assurance to refrain from engaging in unlawful and unfair acts and practices subject of the formal investigation.

3. An assurance to recall, replace, repair, or refund the money value of defective goods distributed in commerce. And 4. An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case in the Bureau of Legal Affairs. The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a bond to guarantee compliance of his undertaking. The condemnation or seizure of products which are subject of the offence, the goods seized her under shall be disposed of in such manner as may be deemed appropriate by the Director of Legal Affairs, such as by sale, donation to distressed local governments, or to charitable or relief institutions, exportation, recycling into other goods, or any combination thereof, under such guidelines as he may provide. 4. The forfeiture of paraphernalia and all real and personal properties which had been used in the commission of the offense.

5. The imposition of administrative fines in such amount as deemed reasonable by the Director of Legal Affairs, which shall in no case be less than 5,000 pesos, no more than 150,000 pesos. 6. In addition, an additional fine of not more than 1,000 pesos. shall be imposed for each day of continuing violation.

6. The cancellation of any permit, license, authority, or registration may have been granted by the office, or the suspension of the validity thereof for such period of time, as the Director of Legal Affairs may deem reasonable which shall not exceed one year. 7. The withholding of any permit, license, authority or registration which is being secured by the respondent from the office eight the assessment of damages nine censure and ten other analogous penalties or sanctions 10.3 the director general may by regulation establish the procedure to govern the implementation of this section section 11 The Documentation, Information, and Technology Transfer Bureau shall have the following function. 11.1. Support the search and examination activities of the office through the following activities.

A. Maintain and upkeep classification systems whether they be national or international, such as the international patent. classification or IPC system. B.

Provide advisory services for the determination of search patterns. C. Maintain search files and search rooms and reference libraries and the ADAPT and package industrial property information.

11.2. Establish networks or intermediaries or regional representatives. 11.3. Educate the public and build awareness on intellectual property through the conduct of seminars and lectures and other similar activities.

11.4. Establish working relations with research and development institutions as well as with local and international intellectual property professional groups and the like. 11.5.

Perform state-of-the-art searches. 11.6. promote the use of patent information as an effective tool to facilitate the development of technology in the country, 11.7.

Provide technical advisory and other services relating to the licensing and promotion of technology and carry out an efficient and effective program for technology transfer, and 11.8. Register technology transfer arrangements and settle disputes involving technology transfer payments. Section 12. The Management Information Services and EDP Bureau. The Management Information Services and EDP Bureau shall 12.1.

Conduct an automation planning, research and development, testing of systems, contracts with firms, contracting, purchase and maintenance of equipment, design and maintenance of systems, user consultation, and the like. 12.2 Provide management information support and service to the office. Section 13. The Administrative Financial and Human Resource Development Service Bureau. 13.1. The Administrative Service shall a.

Provide services relative to procurement and allocation of supplies and equipment, transportation, messengerial work, cashiering, payment of salaries and other offices'obligations, office maintenance, property safety and security, and other utility services, and comply with government regulatory requirements in the areas of performance appraisal, compensation and benefits, employment records, and reports. b. Receive all applications filed with the office and collect fees thereof, and c.

Publish patent applications and grants, trademark applications and registration of marks industrial designs utility models, geographic indication, and layout designs of integrated circuits registration. 13.2. The Patent and Trademark Administration Services shall perform the following functions, among others.

A. Maintain registration of assignments, merging licenses, and bibliographic on patents and trademarks. B. Collect maintenance fees. issue certified copies of documents in its custody and perform similar other activities and see hold in custody all the applications filed with office and all patent grants certificate of registration issued by the office and the like 13.3 the financial service shall formulate and manage a financial program to ensure availability and proper utilization of funds provide for an effective monitoring system of the financial Operations of the office and 13.4.

The Human Resource Development Service shall design and implement human resource development plans and programs for the personnel of the office, provide for present and future manpower needs of the organization, maintain high moral and favorable employee attitudes towards the organization through the continuing design and implementation of employee development programs. Section 14 Use of Intellectual Property Rights by the IPO Subsection 14.1 The Director General of the Public Prosecution Service or PPSC has been authorized to retain without need of separate approval from any government agency all fees, fines, royal fees, and other charges. This amount shall be in addition to the office's annual budget.

shall be deposited and maintained in a separate account or fund subsection 14.2 as per mentioned in section 14.1 of this act provides that after five years from the coming into force the director general of trade and industry may determine if the fees and charges he or she collects are sufficient to meet his or her budgetary requirements if not they cease to receive funds from the annual budget of the national government section 15 special technical and scientific assistance the director general is empowered to obtain the assistance of technical scientific or other qualified officers and employees of other departments bureaus offices agencies and instrumentalities of the government when deemed necessary in the converse consideration of any matters submitted to the office relative to the enforcement of the provisions of this act section 16 seal of office the office shall have a seal the form and design of which shall be approved by the director general section 17 publication of laws and regulations the director general shall cause to be printed and make available for distribution pamphlet copies of the act and other pertinent laws, executed orders, and information circulars relating to matters within the jurisdiction of the office. Section 18. The IPO Gazette. All matters required to be published under this Act shall be published in the office's own publication to be known as the IPO Gazette.

Section 19. Disqualification of Officers and Employees of the Office. shall not apply or act as an attorney or patent agent of an application for a grant of patent for the registration of a utility model, industrial design, or mark nor acquire, except by hereditary succession, any patent or utility model, design registration, or mark, or any right, title, or interest therein during their employment for one year thereafter. That ends our discussion and I hope you learned something.

Transcript for:Understanding Republic Act No. 8293

Transcript for:
Understanding Republic Act No. 8293