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PRIVATE INTERNATIONAL LAW
APRIL 9, 2019
• Took effect on
January 1, 1998
• The Intellectual
Property Code
(IPC, for brevity)
breathes life to
Sec. 13, Art. XIV
• Enforced soon
after the PH
ratified TRIPS
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 Sec. 3 (International Convention
extent necessary to give effect to and Reciprocity)
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.
Philippine-acceded
IP treaties
• Protocol Relating to the Madrid
Agreement Concerning the International
Registration of Marks (2012)
• WIPO Copyright Treaty (2002)
• WIPO Performances and Phonograms
Treaty (2002)
• Patent Cooperation Treaty (2001)
• Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS
Agreement) (1994)
• Rome Convention for the Protection of
Performers, Producers of Phonograms
and Broadcasting Organizations (1984)
Philippine-acceded
IP treaties
• Budapest Treaty on the International
Recognition of the Deposit of
Microorganisms for the Purposes of
Patent Procedure (Entered 1981)
• Convention Establishing the World
Intellectual Property Organization
(1980)
• Paris Convention for the Protection of
Industrial Property Rights (1965)
• Berne Convention for the Protection
of Literary and Artistic Works (1951)
1. Copyright and Related 5. Patents;
Rights;
6. Layout designs
2. Trademarks and Service (Topographies) of
Marks; Integrated Circuits;
3. Geographic indications; 7. Protection of
Undisclosed Information
4. Industrial designs;
(TRIPS).
patent
• Any technical solution of a problem in
any field of human activity which is new,
involves an inventive step and is
industrially applicable.
• It may be, or may relate to, a product, or
process, or an improvement of any of the
foregoing.
patent
• INVENTION – any technical solution of a
problem in any field of human activity
which is new, involves an inventive step
and is industrially applicable. It may be, or
may relate to, a product, or process, or an
improvement of any of the foregoing
(Sec. 21, IPC)
patent
• UTILITY MODEL – An invention qualifies for
registration as a utility model if it is new and
industrially applicable (Sec. 109, IPC).
what
mark as to be likely to deceive
or cause confusion;
cannot be
well-known mark, whether or not it
is registered here, used for identical
or similar goods or services
registered?
• Is identical with an internationally
well-known mark which is
registered in the Philippines with
respect to non-similar goods or
services. Provided, that the interests
of the owner of the registered mark
are likely to be damaged by such use
internationally
well-known mark
The following constitutes internationally well- known mark:
1. Considered by the competent authority of the Philippines
to be “well-known” internationally and in the Philippines
as the mark of a person other than the applicant or
registrant
2. Need not be used or registered in the Philippines
3. Need not be known by the public at large but only by
relevant sector of the public.
• Is likely to mislead the public
as to the nature, quality,
characteristics or geographical
origin of the goods or services;
what
identify;
what
factors or by the nature of the
goods themselves or factors
that affect their intrinsic value;
procedure • Publication
• Opposition
• Registration
remedies
civil admin criminal
• Actual damages • Damages For commissions of:
• Injunction, seizure, • Cancellation • Infringement
destruction proceedings
• Unfair Competition
• Action for False or • IP rights violation
Fraudulent • False Designation
Declaration • Seizure and of Origin
condemnation
• Action for False • False Description or
Designation of • Prohibition to the Representation
Origin importation
• Complaint before
the FDA
Any foreign national or
juridical person who meets
the requirements of Section 3
of this Act and does not
engage in business in the
foreign Philippines may bring a civil
or administrative action