Article 168p. 168

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

118.4. The Regulations shall fix the amount of renewal fee,

the surcharge and other requirements regarding the

recording of renewals of registration.

118.5. Registration of a layout-design shall be valid for a

period of ten (10) years, without renewal, and such validity

to be counted from the date of commencement of the

protection accorded to the layout-design. The protection

of a layout-design under this Act shall commence:

a) on the date of the first commercial exploitation,

anywhere in the world, of the layout-design by or with the

consent of the right holder: Provided, That an application

for registration is filed with the Intellectual Property

Office

within two (2) years from such date of first

commercial exploitation; or

b) on the filing date accorded to the application for the

registration of the layout-design if the layout-design has

not been previously exploited commercially anywhere in

the world.

(as amended by RA No 9150)

SECTION

119.

Application

of

Other

Sections

and

Chapters . — 119.1. The following provisions relating to

patents shall apply mutatis mutandis to an industrial

design registration:

SECTION 21 — Novelty;

SECTION 24 — Prior art: Provided, That the disclosure is

contained in printed documents or in any tangible form;

SECTION 25 — Non-prejudicial Disclosure,

SECTION 28 — Right to a Patent;

SECTION 29 — First to File Rule;

SECTION

30

—

Inventions

Created

Pursuant

to

a

Commission;

SECTION

31

— Right of Priority: Provided, That the

application for industrial design shall be filed within six (6)

months from the earliest filing date of the corresponding

foreign application;

SECTION 33 — Appointment of Agent or Representative;

SECTION 51 — Refusal of the Application;

SECTIONS 56 to 60 — Surrender, Correction of and

Changes in Patent;

CHAPTER VII — Remedies of a Person with a Right to

Patent;

CHAPTER VIII — Rights of Patentees and Infringement of

Patents; and

CHAPTER XI — Assignment and Transmission of Rights.

119.2. If the essential elements of an industrial design

which is the subject of an application have been obtained

from the creation of another person without his consent,

protection under this Chapter cannot be invoked against

the injured party.

119.3. The following provisions relating to patents shall

apply mutatis mutandis to a layout-design of integrated

circuits registration:

SECTION 28 — Right to a Patent;

SECTION 29 — First to File Rule;

SECTION

30

—

Inventions

Created

Pursuant

to

a

Commission;

SECTION 33 — Appointment of Agent or Representative;

SECTION 56 — Surrender of Patent;

SECTION 57 — Correction of Mistakes of the Office;

SECTION 58 — Correction of Mistakes in the Application;

SECTION 59 — Changes in Patents’

SECTION 60 — Form and Publication of Amendment;

CHAPTER VII — Remedies of a Person with a Right to

Patent;

CHAPTER VIII — Rights of Patentees and Infringement of

Patents: Provided, That the layout-design rights and

limitation of layout-design rights provided hereunder

shall govern;

CHAPTER X — Compulsory Licensing;

CHAPTER XI — Assignment and Transmission of Rights.

119.4. Rights Conferred to the Owner of a Layout-Design

Registration. — The owner of a layout-design registration

shall enjoy the following rights:

(1)

to

reproduce,

whether

by

incorporation

in

an

integrated

circuit

or

otherwise,

the

registered

layout-design in its entirety or any part thereof, except

the act of reproducing any part that does not comply

with the requirement of originality; and

(2) to sell or otherwise distribute for commercial purposes

the registered layout-design, an article or an integrated

circuit

in

which

the

registered

layout-design

is

incorporated.

119.5. Limitations of Layout Rights. — The owner of a

layout design has no right to prevent third parties from

reproducing,

selling

or

otherwise

distributing

for

commercial purposes the registered layout-design in the

following circumstances:

(1)

Reproduction

of

the

registered

layout-design

for

private purposes or for the sole purpose of evaluation,

analysis, research or teaching;

(2)

Where

the

act

is

performed

in

respect

of

a

layout-design created on the basis of such analysis or

evaluation and which is itself original in the meaning as

provided herein;

(3) Where the act is performed in respect of a registered

layout-design, or in respect of an integrated circuit in

which such a layout-design is incorporated, that has been

put on the market by or with the consent of the right

holder;

(4) In respect of an integrated circuit where the person

performing or ordering such an act did not know and had

no reasonable ground to know when acquiring the

integrated circuit or the article incorporating such an

integrated

circuit, that it incorporated an unlawfully

reproduced layout-design: Provided, however, That after

the time that such person has received sufficient notice

that the layout-design was unlawfully reproduced, that

person may perform any of the said acts only with respect

to the stock on hand or ordered before such time and

shall be liable to pay to the right holder a sum equivalent

to at least 5% of net sales or such other reasonable royalty

as would be payable under a freely negotiated license in

respect of such layout-design; or

(5) Where the act is performed in respect of an identical

layout design which is original and has been created

independently by a third party.

(as amended by RA No 9150) (n)

SECTION 120. Cancellation of Design Registration . —

120.1. At any time during the term of the industrial design

registration, any person upon payment of the required

fee, may petition the Director of Legal Affairs to cancel

the industrial design on any of the following grounds:

(a) If the subject matter of the industrial design is not

registerable within the terms of Sections 112 and 113;

(b) If the subject matter is not new; or

(c) If the subject matter of the industrial design extends

beyond the content of the application as originally filed.

120.2. Where the grounds for cancellation relate to a part

of the industrial design, cancellation may be effected to

such extent only. The restriction may be effected in the

form of an alteration of the effected features of the

design.

120.3.

Grounds

for

Cancellation

of

Layout-Design

of

Integrated Circuits. — Any interested person may petition

that the registration of a layout-design be cancelled on

the ground that:

(i) the layout-design is not protectable under this Act;

© Compiled by RGL

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