Article 155p. 155

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

enforcement

of

intellectual

property

rights

in

the

Philippines. (n)

SECTION 3. International Conventions and Reciprocity .

— Any person who is a national or who is domiciled or has

a real and effective industrial establishment in a country

which is a party to any convention, treaty or agreement

relating to intellectual property rights or the repression of

unfair competition, to which the Philippines is also a

party, or extends reciprocal rights to nationals of the

Philippines by law, shall be entitled to benefits to the

extent necessary to give effect to any provision of such

convention, treaty or reciprocal law, in addition to the

rights to which any owner of an intellectual property right

is otherwise entitled by this Act. (n)

SECTION 4. Definitions . — 4.1. The term "intellectual

property rights" consists of:

a) Copyright and Related Rights;

b) Trademarks and Service Marks;

c) Geographic Indications;

d) Industrial Designs;

e) Patents;

f) Layout-Designs (Topographies) of Integrated Circuits;

and

g) Protection of Undisclosed Information (n, TRIPS).

4.2. The term "technology transfer arrangements" 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 licensing of computer software

except computer software developed for mass market.

4.3. The term "Office" refers to the Intellectual Property

Office created by this Act.

4.4.

The

term

"IPO

Gazette"

refers

to

the

gazette

published by the Office under this Act. (n)

SECTION 5. Functions of the Intellectual Property Office

(IPO) . — 5.1. To administer and implement the State

policies declared in this Act, there is hereby created the

Intellectual Property Office (IPO) which shall have the

following functions:

a) Examine applications for grant of letters patent for

inventions

and

register utility models and industrial

designs;

b) Examine applications for the registration of marks,

geographic indication, integrated circuits;

c) Register technology transfer arrangements and settle

disputes involving technology transfer payments covered

by the provisions of Part II, Chapter IX on Voluntary

Licensing

and

develop and implement strategies to

promote and facilitate technology transfer;

d) Promote the use of patent information as a tool for

technology development;

e) Publish regularly in its own publication the patents,

marks, utility models and industrial designs, issued and

approved, and the technology transfer arrangements

registered;

f) Administratively adjudicate contested proceedings

affecting intellectual property rights; and

g) 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.

5.2. The Office shall have custody of all records, books,

drawings, specifications, documents, and other papers

and

things

relating

to

intellectual

property

rights

applications filed with the Office. (n)

SECTION 6. The Organizational Structure of the IPO . —

6.1. The Office shall be headed by a Director General who

shall be assisted by two (2) Deputies Director General.

6.2. The Office shall be divided into seven (7) Bureaus,

each of which shall be headed by a Director and assisted

by an Assistant Director. These Bureaus are:

a) The Bureau of Patents;

b) The Bureau of Trademarks;

c) The Bureau of Legal Affairs;

d)

The

Documentation,

Information

and

Technology

Transfer Bureau;

e)

The

Management

Information

System

and

EDP

Bureau;

f) The Administrative, Financial and Personnel Services

Bureau; and

(g) The Bureau of Copyright and Other Related Rights.

(as amended by RA No 10372)

6.3. The Director General, Deputies Director General,

Directors and Assistant Directors shall be appointed by

the President, and the other officers and employees of

the

Office

by

the

Secretary

of Trade and Industry,

conformably with and under the Civil Service Law. (n)

SECTION 7. The Director General and Deputies Director

General . — 7.1. Functions . — The Director General shall

exercise the following powers and functions:

a) Manage and direct all functions and activities of the

Office,

including

the

promulgation

of

rules

and

regulations to implement the objectives, policies, plans,

programs and projects of the Office: Provided , That in the

exercise

of

the

authority

to

propose

policies

and

standards in relation to the following: (1) the effective,

efficient,

and

economical

operations

of

the

Office

requiring

statutory

enactment;

(2)

coordination with

other

agencies

of

government

in

relation

to

the

enforcement

of

intellectual

property

rights;

(3)

the

recognition

of

attorneys,

agents,

or

other

persons

representing applicants or other parties before the Office;

and (4) the establishment of fees for the filing and

processing of an application for a patent, utility model or

industrial design or mark or a collective mark, geographic

indication and other marks of ownership, and for all other

services performed and materials furnished by the Office,

the Director General shall be subject to the supervision of

the Secretary of Trade and Industry;

b)

Exercise

exclusive

appellate

jurisdiction

over

all

decisions rendered by the Director of Legal Affairs, the

Director of Patents, the Director of Trademarks, the

Director of Copyright and Other Related Rights, and the

Director

of

the

Documentation,

Information

and

Technology Transfer Bureau. The decisions of the Director

General in the exercise of his appellate jurisdiction in

respect of the decisions of the Director of Patents, the

Director of Trademarks and the Director of Copyright and

Other Related Rights shall be appealable to the Court of

Appeals in accordance with the Rules of Court; and those

in

respect

of

the

decisions

of

the

Director

of

the

Documentation, Information and Technology Transfer

Bureau shall be appealable to the Secretary of Trade and

Industry;

(c)

Undertake

enforcement

functions

supported

by

concerned agencies such as the Philippine National

Police, the National Bureau of Investigation, the Bureau of

Customs,

the

Optical

Media

Board,

and

the

local

government units, among others;

(d)

Conduct

visits

during

reasonable

hours

to

establishments and businesses engaging in activities

violating intellectual property rights and provisions of this

Act based on report, information or complaint received by

the office; and

(e) Such other functions in furtherance of protecting IP

rights and objectives of this Act.

(as amended by RA No 10372)

7.2.

Qualifications .

—

The Director General and the

Deputies Director General must be natural born citizens

of the Philippines, at least thirty-five (35) years of age on

the day of their appointment, holders of a college degree,

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