PART V
Final Provisions
Sec. 230. Equitable
Principles to Govern Proceedings. -
In
all inter partes proceedings in the Office under this Act, the
equitable
principles of laches, estoppel, and acquiescence where applicable, may
be considered and applied. (Sec. 9-A, R. A. No. 165)
Sec. 231. Reverse
Reciprocity of Foreign Laws. - Any
condition,
restriction, limitation, diminution, requirement, penalty or any
similar
burden imposed by the law of a foreign country on a Philippine national
seeking protection of intellectual property rights in that country,
shall
reciprocally be enforceable upon nationals of said country, within
Philippine
jurisdiction. (n)
Sec. 232. Appeals.
-
232.1 Appeals from
decisions of regular courts shall be governed by the Rules of Court.
Unless
restrained by a higher court, the judgment of the trial court shall be
executory even pending appeal under such terms and conditions as the
court
may prescribe.
232.2. Unless
expressly
provided in this Act or other statutes, appeals from decisions of
administrative
officials shall be provided in the Regulations. (n)
Sec. 233. Organization
of the Office; Exemption from the Salary Standardization Law and the
Attrition
Law. -
233.1. The Office
shall be organized within one (1) year after the approval of this Act.
It shall not be subject to the provisions of Republic Act. No. 7430.
233.2. The Office
shall institute its own compensation structure: Provided, That the
Office
shall make its own system conform as closely as possible with the
principles
provided for under Republic Act No. 6758. (n)
Sec. 234. Abolition
of the Bureau of Patents, Trademarks, and Technology Transfer. -
The Bureau of Patents, Trademarks, and Technology Transfer under the
Department
of Trade and Industry is hereby abolished. All unexpended funds and
fees,
fines, royalties and other charges collected for the calendar year,
properties,
equipment and records of the Bureau of Patents, Trademarks and
Technology
Transfer, and such personnel as may be necessary are hereby transferred
to the Office. Personnel not absorbed or transferred to the Office
shall
enjoy the retirement benefits granted under existing law, otherwise,
they
shall be paid the equivalent of one month basic salary for every year
of
service, or the equivalent nearest fractions thereof favorable to them
on the basis of the highest salary received. (n)
Sec. 235. Applications
Pending on Effective Date of Act. -
235.1. All
applications
for patents pending in the Bureau of Patents, Trademarks and Technology
Transfer shall be proceeded with and patents thereon granted in
accordance
with the Acts under which said applications were filed, and said Acts
are
hereby continued to be enforced, to this extent and for this purpose
only,
notwithstanding the foregoing general repeal thereof: Provided, That
applications
for utility models or industrial designs pending at the effective date
of this Act, shall be proceeded with in accordance with the provisions
of this Act, unless the applicants elect to prosecute said applications
in accordance with the Acts under which they were filed.
235.2. All
applications
for registration of marks or trade names pending in the Bureau of
Patents,
Trademarks and Technology Transfer at the effective date of this Act
may
be amended, if practicable to bring them under the provisions of this
Act.
The prosecution of such applications so amended and the grant of
registrations
thereon shall be proceeded with in accordance with the provisions of
this
Act. If such amendments are not made, the prosecution of said
applications
shall be proceeded with and registrations thereon granted in accordance
with the Acts under which said applications were filed, and said Acts
hereby
continued in force to this extent for this purpose only,
notwithstanding
the foregoing general repeal thereof. (n)
Sec. 236. Preservation
of Existing Rights. - Nothing herein
shall
adversely affect the rights on the enforcement of rights in patents,
utility
models, industrial designs, marks and works, acquired in good faith
prior
to the effective date of this Act. (n)
Sec. 237. Notification
on Berne Appendix. - The Philippines
shall
by proper compliance with the requirements set forth under the Appendix
of the Berne Convention (Paris Act, 1971) avail itself of the special
provisions
regarding developing countries, including provisions for licenses
grantable
by competent authority under the Appendix. (n)
Sec. 238. Appropriations.
-
The funds needed to carry out the provisions of this Act shall be
charged
to the appropriations of the Bureau of Patents, Trademarks, and
Technology
Transfer under the current General Appropriations Act and the fees,
fines,
royalties and other charges collected by the Bureau for the calendar
year
pursuant to Sections 14.1 and 234 of this Act. Thereafter such sums as
may be necessary for its continued implementations shall be included in
the annual General Appropriations Act. (n)
Sec. 239. Repeals.
-
239.1. All Acts
and parts of Acts inconsistent herewith, more particularly Republic Act
No. 165, as amended; Republic Act no. 166, as amended; and Articles 188
and 189 of the Revised Penal Code; Presidential Decree No. 49,
including
Presidential Decree No. 285, as amended, are hereby repealed.
239.2. Marks
registered
under Republic Act No. 166 shall remain in force but shall be deemed to
have been granted under this Act and shall be due for renewal within
the
period provided for under this Act and, upon renewal, shall be
reclassified
in accordance with the International Classification. Trade names and
marks
registered in the Supplemental Register under Republic Act No. 166
shall
remain in force but shall no longer be subject to renewal.
239.3. The
provisions
of this Act shall apply to works in which copyright protection obtained
prior to the effectivity of this Act is subsisting: Provided, That the
application of this Act shall not result in the diminution of such
protection.
(n)
Sec. 240. Separability.
-
If any provision of this Act or the application of such provision to
any
circumstances is held invalid, the remainder of the Act shall not be
affected
thereby. (n)
Sec. 241. Effectivity.
- This Act shall take effect on 1 January 1998. (n)
This Act, which is
a consolidation of S. No. 1719 and H. No. 8098, was finally passed by
the
Senate and the House of Representatives on June 4, 1997 and June 5,
1997,
respectively.
Approved: 06 June
1997
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