Who has the authority to determine a national emergency for patent use?
The President of the Philippines is responsible for determining the existence of a national emergency. This determination is crucial for justifying the government’s use or exploitation of a patent. Such a declaration is immediately executory to address the urgent situation. This presidential power is specified in Section 74 Intellectual Property Code of the Philippines. “74.2 (g) The existence of a national emergency or other circumstances of extreme urgency… shall be subject to the determination of the President of the Philippines for the purpose of determining the need for such use…” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.

