The Philippines adheres to the Paris Convention for the Protection of Industrial Property Rights, the Berne Convention for the Protection of Literary and Artistic Works, the Patent Cooperation Treaty, the TRIPS Agreement and the WIPO Copyright Treaty, among others. In this light, intellectual property such as copyright, trademark, patent, utility model, industrial design are protected in the Philippines. The governing law is Republic Act No. 8942, otherwise known as the Intellectual Property Code of the Philippines.
Registration of applications for trademark, patent, utility model, industrial design and patent cooperation treaty applications are filed with the Philippine Intellectual Property Office (IPO). On the other hand, copyright applications are deposited with the IPO pursuant to an agreement with the Philippine National Library.
Since the Philippines is a signatory to numerous treaties protecting intellectual property rights, claims of convention priority or priority dates are acknowledged and respected, provided that they are claimed within twelve (12) months from the date of the earliest foreign application (for patents and utility models) or within six (6) months from the date of the earliest foreign application (for trademarks and industrial designs).
The term of protection for trademark, patent, utility model, industrial design and patents under the Patent Cooperation Treaty (“PCT”) are as follows:
TRADEMARK – Ten(10) years and may be renewed for periods of ten (10) years each
PATENT – Twenty (20) years from filing date of the application
UTILITY MODEL – Seven (7) years from filing date of the application without renewal
INDUSTRIAL DESIGN – Five (5) years from filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) year each
PATENT UNDER THE PCT – Twenty (20) years from the international filing date of the application
Modern markets are not anymore limited to local consumers. Businesses are becoming global and cater to both local and foreign markets. As a result thereof, trademarks, brand name, trade secrets, inventions and designs are exposed to a larger market. Hence, the need to secure protection for these intellectual properties.
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