|
Whereas,
Republic Act (R.A.) No. 9150 entitled “An Act Providing For The
Protection Of Layout-Designs (Topographies) Of Integrated Circuits,
Amending For The Purpose Certain Sections Of Republic Act No. 8293,
Otherwise Known As The Intellectual Property Code Of The Philippines And
for Other Purposes”, a consolidation of Senate Bill No. 1989 and House
Bill No. 9827, was passed by the Senate and by the House Representatives
on 05 June 2001 and 31 May 2001, respectively;
Whereas, R. A. No. 9150
was approved and signed into law by the President of the Republic of the
Philippines on 06 August 2001;
Now,
therefore,
pursuant to Section 2 of R. A. No. 9150, the following regulations are
hereby promulgated:
PART
1
General Provisions
Rule
100.
Short Title. - These
Regulations shall be referred to as the “Layout-Design Regulations”.
Rule
101.
Definitions. Unless otherwise specified, the following terms as
used in these Regulations shall have the meanings provided in this Rule.
(a)
“Bureau” refers to the Bureau of Patents;
(b)
“Director” refers to the Director of the Bureau of Patents;
(c)
“Director General” refers to the head of the Intellectual
Property Office;
(d)
“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 (Sec. 112 [2], R. A. No. 8293, as amended);
(e)
“Layout 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. (Sec.
112 [3], R.A. No. 8293, as amended)
(f)
“Original layout-design” means a layout-design that is the
result of its creator’s own intellectual effort and is not commonplace
among creators of layout-designs and manufacturers of integrated circuits
at the time of its creation.(Sec. 113.3, R.A. No. 8293, as amended)
Rule
102.
Requisites for
Registrability.- In order to be registrable, a layout-design of
integrated circuits must be original. A layout-design consisting of a
combination of elements and interconnections that are commonplace shall be
registered only if the combination, taken as a whole, is original.(Sec.
113.4, R.A. No. 8293, as amended)
Rule
103.
Right to Registration. – The right of registration of
layout-design belongs to the creator, his/her heirs or assigns, subject to
the following:
(a)
When two (2) or more persons have jointly created a layout-design,
the right to the registration thereof shall belong to them jointly;
(b)
In case the layout-design was created pursuant to a commission, the
person who commissions the work shall own the registration, unless
otherwise provided in the contract; and
(c)
In case the employee created the layout-design in the course of
his/her employment contract, the registration shall belong to:
(i)
The employee, if the activity is not part of his/her regular duties
even if the employee uses the time, facilities and materials of the
employer; or
(ii)
The employer, if the layout-design is the result of the performance
of his/her regularly-assigned duties, unless there is an agreement,
express or implied, to the contrary. (Secs.119.3, 28 and 29, R.A. No.
8293, as amended)
Rule
104.
First to File Rule.- If
two (2) or more persons have made the same layout-design separately and
independently of each other, the right to the registration shall belong to
the person who filed an application for such layout-design, or where two
or more applications are filed for the same layout-design, to the
applicant who has the earliest filing date. The right to registration of
the first filer, shall be subject, however, to the limitations on layout
rights as provided under Section 119.5 of R.A. No. 8293, as amended and
the resolution in an appropriate proceeding of the issue of originality.
Where
two or more applications for the same layout-design created separately and
independently of each other have the same filing date, the registration
shall be issued jointly to the applicants of all such applications. (Secs.119.3
and 29, R.A. No. 8293, as amended)
PART 2
Request
For Registration
Rule
200.
Where to File the Request. -The request for registration of
layout-designs shall be in the prescribed application form and shall be
filed with the Bureau of Patents of the Intellectual Property Office (IPO).
(Sec. 8.2, R.A. No. 8293, as amended)
Rule
201.
Who May File the Application . - Any person, natural or juridical,
may file the application for registration of layout-design, in the name of
the actual creator(s) or of his/her heirs, legal representative or
assigns. If the applicant dies, becomes insane or incapacitated, the
legally appointed administrator, executor, guardian, conservator, or
representative of the applicant, may sign the application papers and other
documents, and apply for and obtain the certification of registration in
the name of the applicant, his/her heirs or assignee.
In
case the whole interest in the layout-design is assigned, the application
may be filed by or in the name of the assignee who may sign the
application. In case the assignee is a juridical person, any officer
thereof may sign the application in behalf of the said person. In case of
an aliquot portion or undivided interest, any of the joint owners will
sign the application.
Rule
202.
Appointment of Resident Agent or Representative.- An
applicant who is not a resident of the Philippines must appoint and
maintain a resident agent or representative in the Philippines upon whom
notice or process for judicial or administrative procedure relating to the
application for registration or
the registration itself may be served subject to the following:
(a)
If there are two or more persons appointed by the applicant, the
Bureau or the IPO shall forward all actions to the last agent appointed. A
substitute or associate attorney may be appointed by an attorney only upon
the written authorization of his/her principal. But a third attorney
appointed by the second will not be recognized; and
(b)
A power of attorney or authorization may be revoked at any stage in
the proceedings of a case upon proper notification to the Director or
Director General, and, when revoked, the Bureau or the IPO will notify the
attorney or agent of such revocation. For all purposes under this Rule,
the notice of the Director or Director General is deemed notice to the
applicant. (Secs.119.3 and 33, R.A. No. 8293, as amended)
Rule
203.
Contents of the Application.- An application for registration shall
be in Filipino or English and shall contain the following:
(a)
A request for registration of the layout-design (Sec. 114.1[a],
R.A. No. 8293, as amended);
(b)
Information identifying the applicant (Sec. 114.1[b], R.A. No.
8293, as amended);
(c)
An indication of the kind of article of manufacture to which the
layout-design shall be applied (Sec. 114.1[c], R.A. No. 8293, as
amended);
(d)
Drawings, photographs or adequate graphic representations of the
layout-design. (Sec. 114.1[d], R.A. No. 8293, as amended);
(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
layout-design registration (Sec. 114.1[e], R.A. No. 8293, as amended);
(f)
The date and country where the topography was first commercially
exploited, if applicable;
(g)
Signature of the applicant or agent.
The
applicant may submit other relevant information or data regarding the
layout-design including the title thereof, if any.
The
application may be accompanied by a specimen of the article embodying the
layout-design and shall be subject to the payment of the prescribed fee. (Sec.
114.2, R.A. No. 8293, as amended)
PART 3
Registration
Rule 300.
According of Filing Date. - The Bureau shall accord as the filing
date of the application the date of its receipt of the fully accomplished
prescribed application form together with the filing fee and the drawings,
photographs or adequate representations of the layout-design. If the
prescribed application form is not fully and properly accomplished and/or
the fee is not paid and/or no drawing, photograph or adequate graphic
representation of the layout-design is submitted, the filing date shall be
the date when the applicant makes the necessary corrections or completes
the said requirements, provided, that the corrections or completion is
made within the period prescribed in Rule 301. Otherwise, the application
shall be considered withdrawn. (Sec. 116, R.A. No. 8293, as amended)
Rule 301. Time
Within Which to Submit Corrections or Completion of Requirements.- The
applicant shall have a non-extendable period of one (1) month from notice
within which to submit the completed or corrected application form and pay
the required fee to the Bureau. If the applicant fails to do so, the
application is deemed withdrawn and the Bureau shall immediately notify
the applicant to that effect.
Rule
302.
Action on the Application;
Publication – The Director shall have ten (10) days from filing date
of the application within which to refuse the application. If there is no
action on the part of the Director within the said period, the application
shall be immediately published including the drawings and such other
relevant information in the IPO Gazette. (Sec. 117, R.A. No. 8293, as
amended)
Rule
303.
Adverse Information; Effects.
- Within one (1) month from publication of the layout design application,
any interested party may furnish the Director any information, evidence or
data in writing and under oath, showing that the layout design is not
original or that the application was not filed within two (2) years from
first commercial exploitation anywhere in the world. The Director may
require such third party to submit relevant and collateral facts or data
to substantiate the furnished information. Within one (1) month from
receipt of the adverse information, the Director shall decide whether or
not to register the layout design.
In case the
Director refuses or denies the registration of the layout design, the
applicant may appeal such decision to the Director General pursuant to
Section 7.1 (b) of R.A. No. 8293, as amended, and Part 5 of these
Regulations.
In
case the Director allows the registration, any interested party may file a
petition for cancellation in accordance with Rule 402 of these
Regulations.
If
the Director receives no adverse information within the one (1)-month
period, he/she shall certify to that effect and direct the preparation and
issuance of the certificate of registration dated as of the date of
publication of the layout design application.
Rule 304. Certificate
of Registration.- The Certificate of Registration shall be issued in
the name of the Republic of the Philippines under the seal of the IPO and
shall be signed by the Director, and registered together with the
drawings, if any, and such other relevant data in the books and records of
the IPO. The certificate shall always indicate the name(s) and address(es)
of the creator(s). (Sec. 117.2, R.A. No. 8293, as amended)
Any interested
party may inspect the records and files of the IPO with respect to
registration of layout-designs including those of cancellation
proceedings. (Sec. 117.5, R.A. No. 8293, as amended)
PART
4
Term
of Registration
Rule
400.
Term of Registration of Layout Design of Integrated Circuits. -
The registration shall be valid for a period of ten (10) years,
without renewal, to be counted from the date of commencement of the
protection accorded to the layout-design. The protection of a
layout-design shall commence:
(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
(b)
On the filing date accorded the application for the registration of
the layout-design if the layout-design has not been previously exploited
commercially anywhere in the world. (Sec. 118.5, R.A. No. 8293, as
amended)
Rule
401.
Change in the Identity of Proprietor; Assignment; Surrender,
Amendment; Corrections and other Changes. – Requests for recording
in the register of a change in the identity of the proprietor, assignment,
surrender, amendment, corrections and other changes in connection with the
registration shall be made by accomplishing the prescribed forms and upon
payment of fees.
The request shall
be under oath and shall be accompanied by proof in support thereof. The
IPO may also require such person to submit additional proof to
substantiate his claims. If no proof is submitted, the request shall be
denied. If the prescribed fees are not paid, the request shall be deemed
not filed.
Rule
402.
Cancellation.- Upon
payment of fees, any interested party may petition that the registration
of a layout-design be cancelled on any or all of the following grounds:
(a)
The layout-design is not protectable under the IP Code, as amended;
(b)
The right holder is not entitled to protection under the IP Code,
as amended; and/or
(c)
Where the application
for registration of the layout-design was not filed within two (2) years
from 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 IPO. Reference to all cancelled layout-design registration shall be
published in the IPO Gazette. (Sec. 120.3, R.A. No. 8293, as amended)
Petitions
for cancellation of layout-design registrations on grounds set forth in
letters (a) and (b) above, shall be governed by the Regulations on Inter
Partes Proceedings. Petitions for cancellation based on letter (c) shall
be filed directly with the Director who shall decide whether or not to
cancel the registration.
Rule
403.
Compulsory Licensing.- A registered layout-design may be the
subject of a petition for compulsory licensing and
shall be governed by the Regulations on Inter Partes Proceedings. (Sec.
119.3, and Chapter X, R.A. 8293, as amended)
Rule 404. Infringement.-
Administrative actions against infringement of
protected layout -design shall be governed by the Rules and
Regulations on Administrative Complaints for Violation of Laws Involving
Intellectual Property Rights.
PART
5
Appeals
Rule
500.
Appeal to the Director General.– The decision or order of
the Director shall become final and executory thirty (30) days after
receipt of a copy thereof by the appellant-applicant unless within the
said period, a motion for reconsideration is filed with the Director or an
Appeal Memorandum is filed with the Director General and upon payment of
the required fee. Appeals to the Director General shall be governed by the
Uniform Rules on Appeal.
Only
one motion for reconsideration of the decision or order of the Director
shall be allowed.
Rule
501.
Appeal to the Court of Appeals. – The decision of the Director
General shall be final and executory unless an appeal to the Court
of Appeals is perfected in accordance with the Rules of Court. No motion
for reconsideration of the decision or order of the Director General shall
be allowed.
PART 6
Fees
Rule
600.
Fees to be Collected by the IPO. – The IPO shall collect the
following fees:
|
Reference
Code
|
Type of Fee
|
Php
|
|
1001
|
Filing
Fee
|
5,000.00
|
|
1002
|
For
deposit of specimen
|
1,000.00
|
|
1003
|
Petitions
for Cancellation based on letter (c) of Rule 402 of the
Layout-Design Regulations
|
5,000.00
|
|
1004
|
Requests
for Voluntary Surrender, Change of Identity of
Proprietor,
Amendment, Corrections and other Changes
|
1,000.00
|
Other
applicable fees prescribed under the IPO Fee Structure are hereby adopted.
Any amendment to the IPO Fee Structure shall be deemed incorporated into
these Regulations.
Rule
601.
Time of Payment.-The
filing fee shall be paid upon the filing of the application in accordance
with Rule 300. If the filing fee is not paid upon the filing of the
application, the same shall be paid within the period prescribed in Rule
301. Otherwise, the application is deemed withdrawn.
All
other fees and charges shall be collected by the IPO in advance of
services to be rendered.
PART
7
Final
Provisions
Rule
700.
Correspondence.-The rules on correspondence under Section 1 of the Final Provisions of the Utility Models
and Design Regulations shall apply.
Rule
701.
Separability.- If any provision in these Regulations or
application of such provision to any circumstances is held invalid, the
remainder of these Regulations shall not be affected thereby.
Rule
702.
Furnishing of Certified Copy.- Ms. Salvacion C. Calaycay, Records
Officer III of the IPO, is hereby directed to immediately file
three (3) certified copies of these Regulations with the University of the
Philippines Law Center, and one (1) certified copy each to the Office of
the President, the Senate of the Philippines, the House of
Representatives, the Supreme Court of the Philippines, and the National
Library.
Rule
703.
Effectivity. – These Rules and regulations shall take effect on
15 March 2002 and after publication in the IPO Website and in at least one
(1) newspaper of general circulation not later than 28 February
2002.
Done
this 26th day of February 2002, Makati City, Republic of the
Philippines.
EMMA
C. FRANCISCO
Director
General
Whereas,
Republic Act (R.A.) No. 9150 entitled “An Act Providing For The
Protection Of Layout-Designs (Topographies) Of Integrated Circuits,
Amending For The Purpose Certain Sections Of Republic Act No. 8293,
Otherwise Known As The Intellectual Property Code Of The Philippines And
for Other Purposes”, a consolidation of Senate Bill No. 1989 and House
Bill No. 9827, was passed by the Senate and by the House Representatives
on 05 June 2001 and 31 May 2001, respectively;
Whereas, R. A. No. 9150 was approved and signed into law by
the President of the Republic of the Philippines on 06 August 2001;
Now, therefore, pursuant to Section 2 of R. A. No. 9150, the following regulations are
hereby promulgated:
PART 1
General
Provisions
Rule 100.
Short Title. - These
Regulations shall be referred to as the “Layout-Design Regulations”.
Rule 101.
Definitions. Unless otherwise specified, the following terms as
used in these Regulations shall have the meanings provided in this Rule.
(a)
“Bureau”
refers to the Bureau of Patents;
(b)
“Director”
refers to the Director of the Bureau of Patents;
(c)
“Director
General” refers to the head of the Intellectual Property Office;
(d)
“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 (Sec.
112 [2], R. A. No. 8293, as amended);
(e)
“Layout
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. (Sec.
112 [3], R.A. No. 8293, as amended)
(f)
“Original
layout-design” means a layout-design that is the result of its
creator’s own intellectual effort and is not commonplace among creators
of layout-designs and manufacturers of integrated circuits at the time of
its creation.(Sec. 113.3, R.A. No. 8293, as amended)
Rule 102.
Requisites for
Registrability.- In order to be registrable, a layout-design of
integrated circuits must be original. A layout-design consisting of a
combination of elements and interconnections that are commonplace shall be
registered only if the combination, taken as a whole, is original.(Sec.
113.4, R.A. No. 8293, as amended)
Rule 103.
Right to Registration. – The right of registration of
layout-design belongs to the creator, his/her heirs or assigns, subject to
the following:
(a)
When two (2) or
more persons have jointly created a layout-design, the right to the
registration thereof shall belong to them jointly;
(b)
In case the
layout-design was created pursuant to a commission, the person who
commissions the work shall own the registration, unless otherwise provided
in the contract; and
(c)
In case the
employee created the layout-design in the course of his/her employment
contract, the registration shall belong to:
(i)
The employee,
if the activity is not part of his/her regular duties even if the employee
uses the time, facilities and materials of the employer; or
(ii)
The employer,
if the layout-design is the result of the performance of his/her
regularly-assigned duties, unless there is an agreement, express or
implied, to the contrary. (Secs.119.3, 28 and 29, R.A. No. 8293, as
amended)
Rule 104. First to File Rule.- If two (2) or more persons have made the same
layout-design separately and independently of each other, the right to the
registration shall belong to the person who filed an application for such
layout-design, or where two or more applications are filed for the same
layout-design, to the applicant who has the earliest filing date. The
right to registration of the first filer, shall be subject, however, to
the limitations on layout rights as provided under Section 119.5 of R.A.
No. 8293, as amended and the resolution in an appropriate proceeding of
the issue of originality.
Where two or more applications for the same
layout-design created separately and independently of each other have the
same filing date, the registration shall be issued jointly to the
applicants of all such applications. (Secs.119.3 and 29, R.A. No. 8293,
as amended)
PART 2
Request
For Registration
Rule 200.
Where to File the Request. -The request for registration of
layout-designs shall be in the prescribed application form and shall be
filed with the Bureau of Patents of the Intellectual Property Office (IPO).
(Sec. 8.2, R.A. No. 8293, as amended)
Rule 201.
Who May File the Application . - Any person, natural or juridical,
may file the application for registration of layout-design, in the name of
the actual creator(s) or of his/her heirs, legal representative or
assigns. If the applicant dies, becomes insane or incapacitated, the
legally appointed administrator, executor, guardian, conservator, or
representative of the applicant, may sign the application papers and other
documents, and apply for and obtain the certification of registration in
the name of the applicant, his/her heirs or assignee.
In case the whole interest in the layout-design is
assigned, the application may be filed by or in the name of the assignee
who may sign the application. In case the assignee is a juridical person,
any officer thereof may sign the application in behalf of the said person.
In case of an aliquot portion or undivided interest, any of the joint
owners will sign the application.
Rule 202.
Appointment of Resident Agent or Representative.- An
applicant who is not a resident of the Philippines must appoint and
maintain a resident agent or representative in the Philippines upon whom
notice or process for judicial or administrative procedure relating to the
application for registration or
the registration itself may be served subject to the following:
(a)
If there are
two or more persons appointed by the applicant, the Bureau or the IPO
shall forward all actions to the last agent appointed. A substitute or
associate attorney may be appointed by an attorney only upon the written
authorization of his/her principal. But a third attorney appointed by the
second will not be recognized; and
(b)
A power of
attorney or authorization may be revoked at any stage in the proceedings
of a case upon proper notification to the Director or Director General,
and, when revoked, the Bureau or the IPO will notify the attorney or agent
of such revocation. For all purposes under this Rule, the notice of the
Director or Director General is deemed notice to the applicant. (Secs.119.3
and 33, R.A. No. 8293, as amended)
Rule 203.
Contents of the Application.- An application for registration shall
be in Filipino or English and shall contain the following:
(a)
A request for
registration of the layout-design (Sec. 114.1[a], R.A. No. 8293, as
amended);
(b)
Information
identifying the applicant (Sec. 114.1[b], R.A. No. 8293, as amended);
(c)
An indication
of the kind of article of manufacture to which the layout-design shall be
applied (Sec. 114.1[c], R.A. No. 8293, as amended);
(d)
Drawings,
photographs or adequate graphic representations of the layout-design. (Sec.
114.1[d], R.A. No. 8293, as amended);
(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 layout-design
registration (Sec. 114.1[e], R.A. No. 8293, as amended);
(f)
The date and
country where the topography was first commercially exploited, if
applicable;
(g)
Signature of
the applicant or agent.
The applicant may submit other relevant information
or data regarding the layout-design including the title thereof, if any.
The application may be accompanied by a specimen of
the article embodying the layout-design and shall be subject to the
payment of the prescribed fee. (Sec. 114.2, R.A. No. 8293, as amended)
PART
3 Registration
Rule 300. According of Filing Date.
- The Bureau shall accord as the filing date of the application the date
of its receipt of the fully accomplished prescribed application form
together with the filing fee and the drawings, photographs or adequate
representations of the layout-design. If the prescribed application form
is not fully and properly accomplished and/or the fee is not paid and/or
no drawing, photograph or adequate graphic representation of the
layout-design is submitted, the filing date shall be the date when the
applicant makes the necessary corrections or completes the said
requirements, provided, that the corrections or completion is made within
the period prescribed in Rule 301. Otherwise, the application shall be
considered withdrawn. (Sec. 116, R.A. No. 8293, as amended)
Rule 301. Time Within Which to Submit Corrections or
Completion of Requirements.- The
applicant shall have a non-extendable period of one (1) month from notice
within which to submit the completed or corrected application form and pay
the required fee to the Bureau. If the applicant fails to do so, the
application is deemed withdrawn and the Bureau shall immediately notify
the applicant to that effect.
Rule 302.
Action on the Application;
Publication – The Director shall have ten (10) days from filing date
of the application within which to refuse the application. If there is no
action on the part of the Director within the said period, the application
shall be immediately published including the drawings and such other
relevant information in the IPO Gazette. (Sec. 117, R.A. No. 8293, as
amended)
Rule 303.
Adverse Information; Effects.
- Within one (1) month from publication of the layout design application,
any interested party may furnish the Director any information, evidence or
data in writing and under oath, showing that the layout design is not
original or that the application was not filed within two (2) years from
first commercial exploitation anywhere in the world. The Director may
require such third party to submit relevant and collateral facts or data
to substantiate the furnished information. Within one (1) month from
receipt of the adverse information, the Director shall decide whether or
not to register the layout design.
In case the Director refuses or denies the
registration of the layout design, the applicant may appeal such decision
to the Director General pursuant to Section 7.1 (b) of R.A. No. 8293, as
amended, and Part 5 of these Regulations.
In case the Director allows the registration, any
interested party may file a petition for cancellation in accordance with
Rule 402 of these Regulations.
If the Director receives no adverse information
within the one (1)-month period, he/she shall certify to that effect and
direct the preparation and issuance of the certificate of registration
dated as of the date of publication of the layout design application.
Rule 304. Certificate of Registration.- The
Certificate of Registration shall be issued in the name of the Republic of
the Philippines under the seal of the IPO and shall be signed by the
Director, and registered together with the drawings, if any, and such
other relevant data in the books and records of the IPO. The certificate
shall always indicate the name(s) and address(es) of the creator(s). (Sec.
117.2, R.A. No. 8293, as amended)
Any interested party may inspect the records
and files of the IPO with respect to registration of layout-designs
including those of cancellation proceedings. (Sec. 117.5, R.A. No.
8293, as amended)
PART 4
Term of Registration
Rule 400.
Term of Registration of Layout Design of Integrated Circuits. -
The registration shall be valid for a period of ten (10) years,
without renewal, to be counted from the date of commencement of the
protection accorded to the layout-design. The protection of a
layout-design shall commence:
(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
(b)
On the filing
date accorded the application for the registration of the layout-design if
the layout-design has not been previously exploited commercially anywhere
in the world. (Sec. 118.5, R.A. No. 8293, as amended)
Rule 401.
Change in the Identity of Proprietor; Assignment; Surrender,
Amendment; Corrections and other Changes. – Requests for recording
in the register of a change in the identity of the proprietor, assignment,
surrender, amendment, corrections and other changes in connection with the
registration shall be made by accomplishing the prescribed forms and upon
payment of fees.
The request shall be under oath and shall be
accompanied by proof in support thereof. The IPO may also require such
person to submit additional proof to substantiate his claims. If no proof
is submitted, the request shall be denied. If the prescribed fees are not
paid, the request shall be deemed not filed.
Rule 402.
Cancellation.- Upon
payment of fees, any interested party may petition that the registration
of a layout-design be cancelled on any or all of the following grounds:
(a)
The
layout-design is not protectable under the IP Code, as amended;
(b)
The right
holder is not entitled to protection under the IP Code, as amended; and/or
(c)
Where
the application for registration of the layout-design was not filed within
two (2) years from 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 IPO. Reference to all cancelled
layout-design registration shall be published in the IPO Gazette. (Sec.
120.3, R.A. No. 8293, as amended)
Petitions for cancellation of layout-design
registrations on grounds set forth in letters (a) and (b) above, shall be
governed by the Regulations on Inter Partes Proceedings. Petitions for
cancellation based on letter (c) shall be filed directly with the Director
who shall decide whether or not to cancel the registration.
Rule 403.
Compulsory Licensing.- A registered layout-design may be the
subject of a petition for compulsory licensing and
shall be governed by the Regulations on Inter Partes Proceedings. (Sec.
119.3, and Chapter X, R.A. 8293, as amended)
Rule 404. Infringement.- Administrative actions
against infringement of protected
layout -design shall be governed by the Rules and Regulations on
Administrative Complaints for Violation of Laws Involving Intellectual
Property Rights.
PART
5
Appeals
Rule
500. Appeal
to the Director General.– The decision or order of the Director
shall become final and executory thirty (30) days after receipt of a copy
thereof by the appellant-applicant unless within the said period, a motion
for reconsideration is filed with the Director or an Appeal Memorandum is
filed with the Director General and upon payment of the required fee.
Appeals to the Director General shall be governed by the Uniform Rules on
Appeal.
Only
one motion for reconsideration of the decision or order of the Director
shall be allowed.
Rule
501. Appeal to the Court of Appeals.
– The decision of the Director General shall be final and executory
unless an appeal to the Court of Appeals is perfected in accordance with
the Rules of Court. No motion for reconsideration of the decision or order
of the Director General shall be allowed.
PART 6
Fees
Rule 600.
Fees to be Collected by the IPO. – The IPO shall collect the
following fees:
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Reference
Code
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Type of Fee
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Php
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