CHAPTER XIII INDUSTRIAL DESIGN AND LAY-OUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED
CIRCUITS (as amended by Section 1, RA 9150)
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SECTION 112
SECTION 113
SECTION 114
SECTION 115
SECTION 116
SECTION 117
SECTION 118
SECTION 119
SECTION 120
SECTION 112. Definition of Terms:
1. An Industrial Design is any composition of lines or colors or any three-dimensional
form, whether or not associated with lines or colors: Provided, That such composition or
form gives a special appearance to and can serve as pattern for an industrial product or
handicraft;
2. Integrated Circuit means a product, in its final form, or an intermediate form, in which
the elements, at least one of which is an active element, and some or all of the
interconnections are integrally formed in and/or on a piece of material, and which is
intended to perform an electronic function; and (as amended by Section 1, RA 9150)
3. Lay-out Design is synonymous with 'Topography' and means the three-dimensional
disposition, however expressed, of the elements. at least one of which is an active element.
and of some or all of the interconnections of an integrated circuit. or such a
three-dimensional disposition prepared for an integrated circuit intended for manufacture.
(as amended by Section 1, RA 9150)
SECTION 113. Substantive Conditions for Protection.
113.1. Only industrial designs that are new or ornamental shall benefit from protection under this
Act. (as amended by Section 1, RA 9150)
113.2. Industrial designs dictated essentially by technical or functional considerations to
obtain a technical result or those that are contrary to public order, health or morals shall
not be protected. (n)
113.3 Only lay-out-designs of integrated circuits that are original shall benefit from
protection under this Act. A layout-design shall be considered original if it is the result of its
creator's own intellectual effort and is not commonplace among creators layout-designs and
manufacturers of integrarated circuits at the time of its creation. (as amended by Section 1,
RA 9150)
113.4 A layout-design consisting of a combination of elements and interconnections that
are commonplace shall be protected only if the combination. taken as a whole. is original.
(as amended by Section 1, RA 9150)
SECTION 114. Contents of the Application.
114.1. Every application for registration of an industrial design or layout-design shall contain: (as
amended by Section 1, RA 9150)
(a) A request for registration of the industrial design or layout-design (as amended by
Section 1, RA 9150);
(b) Information identifying the applicant;
(c) An indication of the kind of article of manufacture or handicraft to which the
industrial design or layout-design shall be applied; (as amended by Section 1, RA 9150)
(d) A representation of the article of manufacture or handicraft by way of drawings,
photographs or adequate graphic representation of the industrial design or of the
layout-design as applied to the article of manufacture or handicraft which clearly and fully
discloses those features for which protection is claimed; and (as amended by Section 1,
RA 9150)
(e) The name and address of the creator, or where the applicant is not the creator, a
statement indicating the origin of the right to the industrial design Q.!: layout-design
registration. (as amended by Section 1, RA 9150)
114.2. The application may be accompanied by a specimen of the article embodying
the industrial design or layout-design and shall be subject to the payment of the prescribed
fee. (as amended by Section 1, RA 9150)
SECTION 115. Several Industrial Designs in One Application. -Two (2) or more industrial
designs may be the subject of the same application: Provided, That they relate to the same
sub-class of the International Classification or to the same set or composition of articles.
(n)
SECTION 116. Examination.
116.1. The Office shall accord as the filing date the date
of receipt of the application containing indications allowing the identity of the applicant to be
established and a representation of the article embodying the industrial design or the
layout-design or a pictorial representation thereof. (as amended by Section 1, RA 9150)
116.2. If the application does not meet these requirements, the filing date should be
that date when all the elements specified in Section ill are filed or the mistakes corrected.
Otherwise, if the requirements are not complied within the prescribed period, the application
shall be considered withdrawn. (as amended by Section 1, RA 9150)
116.3. After the application has been accorded a filing date and the required fees
paid on time, the applicant shall comply with the requirements of Section114 within the
prescribed period, otherwise the application shall be considered withdrawn.
116.4. The Office shall examine whether the industrial design or layout- design
complies with requirements of Section 112 (Definitions) and Section 113 (Substantive
Conditions for Protection.) (as amended by Section 1, RA 9150) (n)
SECTION 117. Registration.
117.1. Where the "Office finds that the conditions referred to in Section 113 are fulfilled, it shall
order that registration be effected in the industrial design or layout-design register and cause the
issuance of an industrial design or
layout-design certificate of registration; otherwise, it shall refuse the application. (as
amended by Section 1, RA 9150)
117.2. The form and contents of an industrial design or layout-design certificate shall be
established by the Regulations: Provided, That the name and address of the creator shall
be mentioned in every case. (as amended by Section 1, RA 9150)
117.3. Registration shall be published in the form and within the period fixed by the
Regulations.
117.4. The Office shall record in the register any change in the identity of the proprietor
of the industrial design or layout-design or his representative, if proof thereof is furnished to
it. A fee shall be paid, with the request to record the change in the identity of the proprietor.
If the fee is not paid, the request shall be deemed not to have been filed. In such case, the
former proprietor and the former representative shall remain subject to the rights and
obligations as provided in this Act. (as amended by Section 1, RA 9150)
117.5. Anyone may inspect the Register and the files of registered industrial designs or
layout-designs including files of cancellation proceedings. (n) (as amended by Section 1,
RA 9150)
SECTION 118. The Term of Industrial Design or Layout-Design Registration.
118.,1 The registration of an industrial design shall be for a period of five (5) years from the filing
date of the application. (as amended by Section 1, RA 9150)
118.2. The registration of an industrial design may be renewed for not more than two (2)
consecutive periods of five (5) years each, by paying the renewal fee.
118.3. The renewal fee shall be paid within twelve (12) months preceding the expiration
of the period of registration. However, a grace period of six (6) months shall be granted for
payment of the fees after such expiration, upon payment of a surcharge.
118.4. The Regulations shall fix the amount of renewal fee, the surcharge and other
requirements regarding the recording of renewals of registration.
118.5. Registration of a layout-design shall be valid for a period of ten (10) years. without
renewal. and such validity to be counted from the date of commencement of the protection
accorded to the layout-design. The protection of a layout-design under this Act shall
commence: (as amended by Section 1, RA 9150)
a) on the date of the first commercial exploitation. anywhere in the world. of the
layout-design by or with the consent of the right holder: Provided. That an application for
registration is filed with the Intellectual Property Office within two (2) years from such date of
first commercial exploitation; or (as amended by Section 1, RA 9150)
b) on the filing date accorded to the application for the registration of the layout-design if
the layout design has not been previously exploited commercially anywhere in the world.
(as amended by Section 1, RA 9150)
SECTION 119. Application of Other Sections and Chapters.
119.1. The following provisions relating to patents shall apply mutatis mutandis to an industrial
design registration:
Section 23 -Novelty;
Section 24 -Prior art: Provided, That the disclosure is contained in printed documents or in
any tangible form;
Section 25 -Non-prejudicial Disclosure;
Section 28 -Right to a Patent;
Section 29 -First to File Rule;
Section 30 -Inventions Created Pursuant to a Commission (as amended by Section 1, RA
9150)
Section 31 -Right of Priority: Provided, That the application for industrial design shall be filed
within six (6) months from the earliest filing date of the corresponding foreign application;
Section 33 -Appointment of Agent or Representative;
Section 51 -Refusal of the Application;
Sections 56 to 60 -Surrender, Correction of and Changes in Patent;
Chapter VII -Remedies of a Person with a Right to Patent;
Chapter VIII -Rights of Patentees and Infringement of Patents; and
Chapter XI -Assignment and Transmission of Rights.
119.2. If the essential elements of an industrial design which is the subject of an
application have been obtained from the creation of another person without his consent,
protection under this Chapter cannot be invoked against the injured party. (n)
119.3. The following provisions relating to patents shall apply mutatis mutandis to a
layout-design of integrated circuits registration: (as amended by Section 1, RA 9150)
Section 28 -Right to a Patent:
Section 29 -First to File Rule:
Section 30 -inventions Created Pursuant to a Commission.
Section 33 -Appointment of Aaent or Representative:
Section 56 -Surrender of Patent:
Section 57 -Correction of Mistakes of the Office:
Section 58 -Correction of Mistakes in the Application:
Section 59 -Changes in Patents:
Section 60 -Form and Publication of Amendment:
Chapter VII -Remedies of a Person with a Right to Patent:
Chapter VIII -Rights of Patentees and Infringement of Patents: Provided. That the
layout-design rights and limitation of layout-design rights provided hereunder shall govern:
Chapter X -Compulsory Licensing:
Chapter XI -Assignment and Transmission of Rights
119.4. Rights Conferred to the Owner of a Layout-Design Registration. - The owner of a
layout-design registration shall enjoy the following rights:
(1) to reproduce. whether by incorporation in an integrated circuit or otherwise, the
registered layout-design in its entirety or any part thereof. except the act of reproducing any
part that does not comply with the requirements of originality: and
(2) to se11 or otherwise distribute for commercial purposes the registered layout-design.
an article or an integrated circuit in which the registered layout-design is incorporated. (as
amended by Section 1, RA 9150)
119.5. Limitations of Layout Rights. -The owner of a layout design has no rights to
prevent third parties from reproducing. selling or otherwise distributing for commercial
purposes the registered layout-design in the following circumstances:
(1) Reproduction of the registered layout-design for private purposes or for the sole
purpose of evaluation, analysis. research, or teaching:
(2) Where the act is performed in respect of a layout-design created on the basis of
such analysis or evaluation and which is itself original in the meaning as provided herein:
(3) Where the act is performed in respect of a registered layout-design, or in respect of
an integrated circuit in which such a layout-design is incorporated. that has been put on the
market by or with the consent of the right holder:
(4) In respect of an integrated circuit where the person performing or ordering such an
act did not know and had no reasonable around to know when acquiring the integrated
circuit or the article incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout- design: Provided, however. That after the time that such
person has received sufficient notice that the layout-design was unlawfully reproduced, that
person may perform any of the said acts only with respect to the stock on hand or ordered
before such time and shall be liable to pay to the right holder a sum equivalent to at least
5% of net sales or such other reasonable royalty as would be payable under a freely
negotiated license in respect of such layout-design: or
(5) Where the act is performed in respect of an identical layout-design which is original
and has been created independently by a third party. (as amended by Section 1, RA 9150)
SECTION 120. Cancellation of Design Registration.
120.1. At any time during the term of the industrial design registration, any person upon payment
of the required fee, may petition the Director of Legal Affairs to cancel the industrial design on any of
the following grounds:
(a) If the subject matter of the industrial design is not registrable within the terms of
Sections 112 and 113;
(b) If the subject matter is not new; or
(c) If the subject matter of the industrial design extends beyond the content of the
application as originally filed.
120.2. Where the grounds for cancellation relate to a part of the industrial design,
cancellation may be effected to such extent only. The restriction may be effected in the
form of an alteration of the effected features of the design. (n)
120.3. Grounds for Cancellation of Layout-Design of Integrated Circuits.- Any interested
person may petition that the registration of a layout-design be cancelled on the around that:
(i) the layout-design is not protectable under this Act:
(ii) the right holder is not entitled to protection under this Act: or
(iii) where the application for registration of the layout-design. was not filed within two (2)
years from its first commercial exploitation anywhere in the world.
Where the grounds for cancellation are established with respect only to a part of the
layout-design. only the corresponding part of the registration shall be cancelled.
Any cancelled layout-design registration or part thereof. shall be regarded as null and
void from the beginning and may be expunged from the records of the Intellectual Property
Office. Reference to all cancelled layout-design registration shall published in the IPO
Gazette. (as amended by Section 1, RA 9150)
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