INTELLECTUAL PROPERTY RIGHTS IN PHILIPPINES

The Intellectual Property Code of the Philippines enacted on January 1st, 1998 - is the primary law governing the mechanism of trademark registration and protection in Philippines.
For getting a trademark registered in Philippines, an application has to be filed with the IP Office of The Philippines (IPOPHIL), which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
It follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is thirty (30) days from publication date of the trademark application in the eGazette.
In Philippines, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is three (03) years.

The Philippines is a member of the Paris Convention for the Protection of Industrial Property.
The Intellectual Property Code of the Philippines enacted on January 1st, 1998 - deals with the mechanism of patent protection in Philippines.
For seeking patent protection in Philippines, an application has to be filed with the IP Office of The Philippines (IPOPHIL), which administers the entire process of patent grant.
In Philippines, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Philippines, pre-grant opposition cannot be filed against a patent.
Patents last for twenty (20) years from the date of filing the application in Philippines. The first annual fee must be paid upon the expiration of four (04) years from the date of publication of the application in the IPOPHL E-Gazette. Subsequent annual fees are due on each subsequent anniversary of such date.

The Intellectual Property Code of the Philippines enacted on January 1st, 1998 - governs and deals with the mechanism of registration of industrial designs in Philippines.
For getting an industrial design registered in Philippines, an application has to be filed with the IPOPHL, which administers the entire process of registration.
The types of industrial design applications that can be filed in Philippines include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Philippines at the pre-grant stage. However, a third party may file adverse information against an industrial design application. Within thirty (30) days from the date of publication of the industrial design application, any person may present written adverse information concerning the registration of the industrial design, including matters pertaining to novelty and industrial applicability, while citing relevant prior art.
The industrial design registration in Philippines is valid for five (05) years and may be renewed for two (02) additional terms of five (05) years each. Thus, the total term of protection is fifteen (15) years.
The renewal fee is to be paid within twelve (12) months before the expiration of the protection period.
Late payment is possible within a grace period of six (06) months upon payment of the corresponding surcharge.

The Philippines is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Intellectual Property Code of the Philippines enacted on January 1st, 1998 - is the basic legislation governing copyright protection in Philippines.
In Philippines, copyright comes into existence as soon as the work is created. However, a copyright owner can choose to register for copyright with the National Library of the Philippines.
Literary and artistic works are protected during the life of the author and for fifty (50) years after his death. This rule also applies to posthumous works as well.
Works of joint authorship are protected during the life of the last surviving author and for fifty (50) years after his death.
For anonymous or pseudonymous works, where the author's identity is not revealed, the copyright protection term lasts for fifty (50) years from the date on which the work was first lawfully published.
Photographic works are protected for fifty (50) years from publication of the work and, if unpublished, then they last for fifty (50) years from the making.For audio-visual works, including those produced by process analogous to photography or any process for making audio-visual recordings, the term is fifty (50) years from date of publication and, if unpublished, then from the date of making.
Sounds/images and sound recordings are protected for fifty (50) years from the end of the year in which the recording took place.