Article 156p. 156

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

and

of

proven

competence,

integrity,

probity

and

independence: Provided , That the Director General and at

least one (1) Deputy Director General shall be members of

the Philippine Bar who have engaged in the practice of

law for at least ten (10) years: Provided , further , That in the

selection

of

the

Director

General and the Deputies

Director General, consideration shall be given to such

qualifications as would result, as far as practicable, in the

balanced representation in the Directorate General of the

various fields of intellectual property.

7.3. Term of Office . — The Director General and the

Deputies Director General shall be appointed by the

President for a term of five (5) years and shall be eligible

for reappointment only once: Provided , That the first

Director General shall have a first term of seven (7) years.

Appointment

to

any

vacancy

shall

be

only for the

unexpired term of the predecessor.

7.4. The Office of the Director General . — The Office of the

Director General shall consist of the Director General and

the Deputies 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. (n)

SECTION 8. The Bureau of Patents . — The Bureau of

Patents shall have the following functions:

8.1. Search and examination of patent applications and

the grant of patents;

8.2. Registration of utility models, industrial designs, and

integrated circuits; and

8.3. Conduct studies and researches in the field of patents

in order to assist the Director General in formulating

policies

on

the

administration

and

examination

of

patents. (n)

SECTION 9. The Bureau of Trademarks . — The Bureau of

Trademarks shall have the following functions:

9.1. Search and examination of the applications for the

registration of marks, geographic indications and other

marks of ownership and the issuance of the certificates of

registration; and

9.2.

Conduct

studies and researches in the field of

trademarks in order to assist the Director General in

formulating

policies

on

the

administration

and

examination of trademarks. (n)

SEC. 9A. The Bureau of Copyright and Other Related

Rights. — The Bureau of Copyright and Other Related

Rights shall have the following functions:

9A.1. 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;

9A.2. Accept, review and decide on applications for the

accreditation of collective management organizations or

similar entities;

9A.3. Conduct studies and researches in the field of

copyright and related rights; and

9A.4. Provide other copyright and related rights service

and charge reasonable fees therefor.

(as amended by RA No 10372)

SECTION 10. The Bureau of Legal Affairs . — The Bureau

of Legal Affairs shall have the following functions:

10.1. Hear and decide opposition to the application for

registration of marks; cancellation of trademarks; subject

to the provisions of Section 64, cancellation of patents,

utility models, and industrial designs; and petitions for

compulsory licensing of patents;

10.2.(a)

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 Two hundred thousand pesos (P200,000): Provided ,

further , That availment of the provisional 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

writs issued in the course of the proceedings. (n)

(b) After formal investigation, the Director for Legal Affairs

may

impose

one

(1)

or

more

of

the

following

administrative penalties:

(i) 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;

(ii)

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:

(1) 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;

(iii) The condemnation or seizure of products which are

subject of the offense. The goods seized hereunder 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;

(iv)

The forfeiture of paraphernalia and all real and

personal

properties

which

have

been

used

in

the

commission of the offense;

(v) 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 Five thousand pesos

(P5,000) nor more than One hundred fifty thousand

pesos (P150,000). In addition, an additional fine of not

more than One thousand pesos (P1,000) shall be imposed

for each day of continuing violation;

(vi) The cancellation of any permit, license, authority, or

registration which 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 (1) year;

(vii) The withholding of any permit, license, authority, or

registration which is being secured by the respondent

from the Office;

(viii) The assessment of damages;

(ix) Censure; and

(x) Other analogous penalties or sanctions. (Secs. 6, 7, 8,

and 9, Executive Order No. 913 [1983]a)

10.3. The Director General may by Regulations establish

the procedure to govern the implementation of this

Section. (n)

SECTION

11.

The

Documentation ,

Information

and

Technology Transfer Bureau . — The Documentation,

Information and Technology Transfer Bureau shall have

the following functions:

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 (IPC) system;

© Compiled by RGL

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