Intellectual Property Code

Question 1

What is the primary purpose of the Intellectual Property Code of the Philippines (RA 8293)?

Answer 1

To protect and promote intellectual property rights

RA 8293 aims to encourage innovation and creativity by safeguarding creators’ rights.

Question 2

Which agency is primarily responsible for implementing the IP Code?

Answer 2

Intellectual Property Office of the Philippines (IPOPHL)

IPOPHL administers the Code’s provisions, including patents, trademarks, and copyrights.

Question 3

What is the term of protection for a trademark?

Answer 3

10 years from registration, renewable indefinitely

Trademark rights may be renewed every 10 years upon compliance with renewal and use requirements.

Question 4

Which of the following is NOT protected under copyright?

Answer 4

Government-issued public documents

Works like laws, ordinances, and official orders are in the public domain.

Question 5

What is the duration of copyright for literary and artistic works?

Answer 5

Lifetime of the author plus 50 years

Protection extends 50 years after the author’s death (Sec. 213.1).

Question 6

What is the exclusive right granted for an invention?

Answer 6

Patent

A patent gives the inventor legal control over making, using, selling, or licensing the invention.

Question 7

How long is a patent protected?

Answer 7

20 years from the filing date

Once granted, the patent lasts for 20 years provided maintenance fees are paid.

Question 8

Which is NOT required for patentability?

Answer 8

Commercial success

A patent must be novel, inventive (non-obvious), and industrially applicable—not necessarily profitable.

Question 9

How long is the term of protection for industrial designs?

Answer 9

5 years, renewable for two additional 5-year periods

Maximum of 15 years of protection from the filing date (Sec. 118).

Question 10

What is an example of a collective mark?

Answer 10

A mark used by members of an association

Collective marks identify members’ goods/services as part of a group or organization.

Question 11

What is the purpose of a geographical indication?

Answer 11

To identify origin and quality or reputation of goods

Examples include “Banaue rice” or “Taal embroidery” linked to their place of origin.

Question 12

What is the penalty for copyright infringement?

Answer 12

Imprisonment and/or fine

Sanctions vary depending on severity (Sec. 217) and may include civil and criminal remedies.

Question 13

Which of the following is a trade secret?

Answer 13

A confidential business formula

Trade secrets are protected under unfair competition provisions if kept confidential.

Question 14

What is the fair use doctrine?

Answer 14

Allows limited use of copyrighted works without permission

Permitted for commentary, education, research, or news reporting under Sec. 185.

Question 15

Which is NOT a type of intellectual property under the Code?

Answer 15

Real estate titles

IP includes patents, trademarks, copyright, utility models, designs—not land ownership documents.

Question 16

What rights does a copyright holder have under the IP Code?

Answer 16

Reproduction, distribution, public performance, adaptation, and communication to the public

These exclusive economic rights are granted under Sec. 177 of RA 8293.

Question 17

How does moral rights protection differ from economic rights?

Answer 17

Moral rights protect the author’s personal connection to the work, such as attribution and integrity

Moral rights are protected under Sec. 193 and cannot be waived through contract.

Question 18

What is the required deposit for copyright registration?

Answer 18

At least one copy of the work must be deposited with the National Library or IPOPHL

Required to complete the formal registration process; not needed to acquire copyright protection.

Question 19

How long is the term for a utility model registration?

Answer 19

7 years from the date of filing, without renewal

Sec. 109 of the IP Code: utility models have a shorter, non-extendable protection period.

Question 20

What is protected by a layout design of integrated circuits?

Answer 20

The three-dimensional arrangement of elements in an integrated circuit

Protection granted under Part IV of the IP Code, independent of the function of the circuit.

Question 21

What is the ‘first to file’ rule in trademarks?

Answer 21

The party who first files the trademark application has the right to registration

Sec. 123 follows the ‘first to file’ principle unless bad faith or prior use can be proven.

Question 22

What constitutes abandonment of a trademark?

Answer 22

Non-use for three consecutive years without valid reason

Trademark may be cancelled if the registrant has not used the mark as required (Sec. 138).

Question 23

What is the doctrine of secondary meaning?

Answer 23

A descriptive mark acquires distinctiveness through long and exclusive use

Marks like “Budget Rent a Car” gain protection after being associated with a single source.

Question 24

What is the effect of failure to file a Declaration of Actual Use (DAU)?

Answer 24

The trademark application or registration is deemed abandoned

DAU must be filed within the prescribed periods to maintain the mark (Sec. 124.2 and Rule 204).

Question 25

What marks are considered unregistrable?

Answer 25

Scandalous, immoral, deceptive, generic, or confusingly similar marks ## Footnote Sec. 123 enumerates absolute and relative grounds for refusal.

Question 26

When is compulsory licensing allowed under the IP Code?

Answer 26

In public interest, national emergency, or anti-competitive behavior ## Footnote Sec. 93–94 outlines grounds for granting licenses without the patent owner’s consent.

Question 27

Who may apply for registration of a copyright?

Answer 27

The author, heirs, or assignee ## Footnote While rights exist from creation, registration creates prima facie evidence of ownership.

Question 28

What is the significance of a notice of copyright?

Answer 28

It informs the public that the work is protected ## Footnote While not mandatory, it helps deter infringement and supports enforcement (e.g., © 2023 Author).

Question 29

What is the function of the Bureau of Legal Affairs in IPOPHL?

Answer 29

Handles enforcement, disputes, and oppositions involving IP rights ## Footnote The BLA acts like a quasi-judicial body under IPOPHL jurisdiction.

Question 30

When can the Intellectual Property Code be applied extraterritorially?

Answer 30

When protected Philippine works are infringed abroad with cross-border effects ## Footnote Although IP laws are territorial, treaties and reciprocity may support enforcement abroad.

Question 31

What is the significance of publication in the IPOPHL e-Gazette?

Answer 31

It gives constructive notice to the public of an IP application or registration ## Footnote Publication ensures transparency and allows for oppositions or comments from interested parties.

Question 32

What is the rule on the patentability of computer programs?

Answer 32

Computer programs per se are not patentable, but technical applications may be protected ## Footnote Sec. 22 excludes programs 'as such' unless embedded in hardware or producing a technical effect.

Question 33

How is a work considered 'original' under copyright?

Answer 33

It must be the result of the author's intellectual creation ## Footnote Originality requires independent creation with a minimum degree of creativity—not novelty like patents.

Question 34

Who owns the copyright in a commissioned work by default?

Answer 34

The person who commissions the work, only for the purpose agreed upon ## Footnote Ownership depends on written agreement; default rule under Sec. 178.3 limits rights granted.

Question 35

What constitutes fair use of copyrighted work?

Answer 35

Use for criticism, comment, news reporting, teaching, or research without profit ## Footnote Sec. 185 outlines the four-factor test: purpose, nature, amount used, and effect on market.

Question 36

When must the first Declaration of Actual Use (DAU) be filed?

Answer 36

Within 3 years from the filing date of a trademark application ## Footnote Failure to file timely DAU may result in abandonment or refusal of application (Sec. 124).

Question 37

What is the duration of protection for layout designs of integrated circuits?

Answer 37

10 years from date of filing or first commercial exploitation ## Footnote Protection starts from whichever comes first, provided national formalities are observed (Sec. 116).

Question 38

What distinguishes industrial design from utility model?

Answer 38

Design protects appearance, utility model protects function ## Footnote Industrial design focuses on aesthetic value, while utility model protects minor innovations.

Question 39

What happens after a copyright expires?

Answer 39

The work enters the public domain ## Footnote Once copyright ends, anyone may use the work without authorization or royalties.

Question 40

What are the civil remedies for patent infringement?

Answer 40

Injunction, damages, and delivery/destruction of infringing goods ## Footnote Sec. 76–79 allow IP owners to seek court-ordered relief and compensation.

Question 41

What is the rule on parallel importation?

Answer 41

It is allowed under the IP Code unless specifically restricted by the rights holder ## Footnote Doctrine of international exhaustion permits importation of legitimately sold goods (Sec. 147.1).

Question 42

What is the role of the Documentation

Answer 42

Information and Technology Transfer Bureau?

Question 43

When can customs authorities seize infringing goods?

Answer 43

Upon order of a competent court or based on IP rights holder's request ## Footnote Border control measures apply to counterfeit and pirated goods in accordance with Sec. 118–121.

Question 44

What is the rule on performers' rights?

Answer 44

Performers have rights to be identified and to authorize fixation and communication of their performance ## Footnote Protected under neighboring rights, distinct from copyright (Sec. 202–205).

Question 45

What is the community trademark system under ASEAN?

Answer 45

A regional initiative allowing IP protection across ASEAN member states ## Footnote While not yet unified like the EU system, ASEAN IP cooperation fosters harmonization of rights.

Question 46

What is the purpose of the Madrid Protocol?

Answer 46

To simplify international trademark registration ## Footnote The Madrid Protocol allows trademark owners to seek protection in multiple countries through a single application.

Question 47

What is the rule on the patentability of biological materials?

Answer 47

Naturally occurring substances are not patentable, but modified ones may be ## Footnote Sec. 22 excludes discoveries of natural substances unless significantly altered or engineered.

Question 48

What is the effect of non-payment of patent maintenance fees?

Answer 48

The patent lapses and protection is terminated ## Footnote Failure to pay annual fees results in the loss of exclusive rights (Sec. 54).

Question 49

What is the purpose of a compulsory license?

Answer 49

To allow use of a patent without the owner's consent under specific conditions ## Footnote Compulsory licensing ensures access to essential technologies in public interest (Sec. 93).

Question 50

What is the term of protection for performers' rights?

Answer 50

50 years from the end of the year of the performance ## Footnote Neighboring rights for performers are distinct from copyright and have a fixed duration (Sec. 208).

Question 51

What is the rule on the registrability of generic terms?

Answer 51

Generic terms cannot be registered as trademarks ## Footnote Sec. 123 prohibits registration of marks that are common names for goods or services.

Question 52

What is the purpose of the WIPO Copyright Treaty?

Answer 52

To address copyright issues in the digital environment ## Footnote The treaty updates international copyright standards for digital works and online distribution.

Question 53

What is the rule on the use of a trademark in commerce?

Answer 53

A trademark must be used in commerce to maintain registration ## Footnote Non-use for three consecutive years without valid reason may result in cancellation (Sec. 138).

Question 54

What is the effect of a granted patent?

Answer 54

The patent holder has exclusive rights to make, use, sell, or license the invention ## Footnote Sec. 71 grants the patent owner a monopoly over the invention for the duration of protection.

Question 55

What is the rule on the protection of folklore?

Answer 55

Folklore is protected as part of cultural heritage under special laws ## Footnote Traditional cultural expressions are not covered by the IP Code but may be protected under other statutes.

Question 56

What is the purpose of the Berne Convention?

Answer 56

To ensure international copyright protection without formalities ## Footnote The Berne Convention establishes automatic copyright protection in member countries upon creation.

Question 57

What is the rule on the registrability of scandalous marks?

Answer 57

Scandalous or immoral marks are not registrable ## Footnote Sec. 123 prohibits registration of marks contrary to public order or morality.

Question 58

What is the effect of a trademark opposition?

Answer 58

It may prevent the registration of the opposed mark ## Footnote Oppositions allow third parties to challenge trademark applications before registration (Sec. 134).

Question 59

What is the rule on the protection of trade secrets?

Answer 59

Trade secrets are protected as long as they remain confidential ## Footnote The IP Code does not explicitly cover trade secrets, but they are protected under unfair competition laws.

Question 60

What is the purpose of the Patent Cooperation Treaty (PCT)?

Answer 60

To simplify the process of seeking patent protection in multiple countries ## Footnote The PCT allows a single international application to streamline patent filings in member states.