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This web page features
Memorandum Order No. 1040
Implementing the Intellectual Property Code of the Philippines


 

IMPLEMENTATION OF REPUBLIC ACT NO. 8293
otherwise known as the Intellectual Property Code of the Philippines
MEMORANDUM ORDER NO. 1040
December 16, 1997

Whereas, Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines shall take effect on January 1, 1998;

   Whereas, thereupon, the Bureau of Patents, Trademarks and Technology Transfer is abolished and the Intellectual Property Office is created;

   Whereas, the Intellectual Property Office shall be organized within one year from the approval of the Intellectual Property Code on June 6, 1997, or on before June 5, 1998;

   Whereas, there is a need to protect existing rights and to secure rights that arise upon the effectivity of the Intellectual Property Code;

    NOW, THEREFORE, pending the organization of the Intellectual Property Office, in the interest of service and in order to protect existing rights  and to secure to all concerned substantive rights that arise upon the effectivity of Republic Act No. 8293, this MEMORANDUM ORDER is hereby issued.cralaw

    The Bureau of Patents, Trademarks and Technology Transfer is hereby directed to cause the publication of this MEMORANDUM ORDER in a newspaper of general circulation, post notices hereof in conspicuous places in the Bureau, and make copies available to all interested parties.cralaw

Sec. 1.  Definitions. For ease of reference, the following acronyms are adopted:

   "PI Code" which refers to Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines;

    "IP Office" or "IPO" which refers to the Intellectual Property Office; and

    "BPTTT" which refers to the Bureau of Patents, Trademarks, and Technology Transfer.cralaw

The term "Director General" refers to the Director General of the IP Office as provided in the IP Code.cralaw

Sec. 2.  Application Forms and Fees.

   a.  Until amended or otherwise modified in rules and regulations that the Director General of the IP Office is mandated to issue, the annexed application forms for applications for patents, utility models, industrial designs and trademarks shall be used.cralaw

    b.  The present fees and charges of the BPTTT shall continue to apply unless amended or otherwise modified in rules and regulations that the Director General is mandated to issue.cralaw

Sec. 3.  Acceptance of Applications.

   a.  Acceptance of applications for grant of patents and trademarks and exemption of technology transfer arrangement shall be performed by BPTTT personnel designated hereunder.cralaw

Sec. 4.  Processing of Patent and Trademark Applications.

    a.  Patent and Trademark Applications Received as of December 31, 1997.cralaw

        i.  Processing  of applications for invention patents received by the BPTTT as of December 31, 1997 shall continue; and pursuant to Section 235.1 of the IP Code, the processing shall be made in accordance with Republic Act No. 165 and the corresponding Rules of Practice in Patent Cases.cralaw

        ii.  Pursuant to Section 235.1 of the IP Code, applications for utility models or industrial designs received by the BPTTT as of December 31, 1997 shall be proceeded with in accordance with the IP Code, unless the applicants elect to prosecute said applications in accordance with the Acts under which they were filed.  Accordingly, all applicants for utility models and industrial designs as of December 31, 1997 are hereby given until June 30, 1998 within which to notify the IP Office in writing that they elect to prosecute their applications in accordance with Republic Act. No. 165.  The Notification shall be addressed to:  "The Director General, Intellectual Property Office, 361 Sen, Gil Puyat Avenue, Makati City, Philippines".cralaw

        iii.  The processing of all applications for utility models and industrial designs received by the BPTTT as of December 31, 1997 is hereby suspended until June 30, 1998.  Starting on July 1, 1998, applications for utility models and industrial designs received by the BPTTT as of December 31, 1997 where the applicants did not notify their election for prosecution under Republic Act No. 165 shall be registered in accordance with the IP Code, in which case the filing date shall either be the priority date that has been validly claimed or the date on which the complete application was received by the BPTTT, whichever is earlier.cralaw

        iv.  Processing of applications for registration of marks and trademarks pending in the BPTTT as of December 31, 1997 shall continue for purposes of bringing the same under the provisions of the IP Code.  Accordingly, all concerned applicants are hereby given until June 30, 1998 within which to amend, if practicable, their applications to bring them under the provisions of the IP Code.  All communications for this purpose shall be addressed to: "The Director General, Intellectual Property Office, 361 Sen. Gil Puyat Avenue, Makati City, Philippines".cralaw

    b.  Patent and Trademark Applications Filed as of January 1, 1998

        i.  The processing of applications for patents, utility models, industrial designs, and trademarks received as of January 1, 1998, regardless of the filing date or priority date, as the case may be, shall be suspended until June 30, 1998 or such other date determined in rules and regulations that the Director General is mandated to issue.cralaw

Sec. 5.  Processing of Technology Transfer Agreements.

    a.  Technology Transfer Arrangement Submitted for Registration as of December 31, 1997.cralaw

    Technology transfer arrangements submitted for registration as of December 31, 1997 shall continue to be processed: Provided, however, that the substantive provisions of Section 87 on Prohibited Clauses and Section 88 on Mandatory Provision shall be  applied in determining the registrability of such technology transfer arrangements.cralaw

    b.  Request for Exemption of Technology Transfer Arrangements

    The filing and processing of requests for exemption from Sections 87 and 88 of the IP Code shall be suspended until such time as the IP Office is organized to enable it to process the requests as determined in rules and regulations that the Director General is mandated to issue.cralaw

Sec. 6.  Hearing of Cases; Mediation.

   a.  Cases Pending Before the Hearing Division of the BPTTT

    Inter Partes Cases and Petitions for Compulsory Licensing pending before the Hearing Division of the BPTTT shall continue to be heard and interlocutory orders issued:  Provided, that decisions or orders on Motion for Reconsideration of decisions or orders issued by the BPTTT Director shall not be made although drafts may be prepared together with a memorandum containing the facts of the case, the issue or issues to be resolved, the law and the facts on which the drafts decision or order is based.cralaw

   b.  Cases Cognizable by the Bureau of Legal Affairs of the IP Office

    The filing and prosecution of cases cognizable  by the Bureau of Legal Affairs of the IP Office under Sections 10.1 and 10.2, and Chapter X of the IP Code shall be suspended until June 30, 1998 or until such other time after the organization of the IP Office as determined in the rules and regulations that the Director General is mandated to issue.cralaw

Sec. 7.  Designation of BPTTT Personnel

    a.   For the orderly and timely implementation of this Memorandum Order, the following BPTTT personnel are hereby designated to perform and assume all the duties, functions and responsibilities as may be required or necessary to implement this Memorandum Order, with compensation based on their present position or designation in the BPTTT:  Provided, that personnel, including those in caretaker capacity, occupying BPTTT positions entitled to representation and transportation allowance shall be entitled to claim such representation and transportation allowance: Provided further, that the entitlement to compensation, representation and transportation allowance hereby authorized shall be effective until such personnel are absorbed in or transferred to the IP Office:  Provided finally, that BPTTT personnel shall cease to receive compensation, representation and/or transportation allowance corresponding to their position or designation in the BPTTT upon their assumption of their position or designation in the IP Office at which time they shall receive such compensation and other benefits appurtenant to their position or designation in the IP Office, or upon their inability to be absorbed in or transferred to the IP Office.cralaw

    b.  Reference to any division of the BPTTT in this Memorandum Order, including the designation and authorization hereby given, shall include the Division Chief or Caretaker, as the case may be, Assistant Division Chief, and all other employees detailed at the Office of the Director who shall revert to their respective divisions.cralaw

    c.  BPTTT Director Amma C. Francisco is hereby designated to implement this Memorandum Order until such time that the President shall have appointed the Director General of the IPO.  The designation covers all vouchers within the authority of a Bureau Director, domestic travel orders and the issuance of relevant instructions on administrative and operating matters to all BPTTT personnel designated herein, including the following:

        i.  The Application Issuance and Publication Division (hereinafter referred to as "AIPD") of the BPTTT is hereby designated to receive all communications addressed to or intended for the BPTTT or the IP Office, receive payments and issue receipts therefor.  The AIPD Cashier is hereby designated and authorized to retain all the fees, fines, royalties and other charges collected in accordance with Section 14 of the IP Code.cralaw

        ii.  The Trademark Examining Division (hereinafter referred to as the "TMED") of the BPTTT is hereby designated to examine trademark applications for the purpose of determining whether a filing date may be granted in accordance with Section 127 of the IP Code and to authorize the payment of the applicable fees to the AIPD.  For this purpose, Atty, Rosario N.E. Macatangay is hereby directed to designate examiners who shall act as DUTY OFFICERS on a specified schedule.cralaw

The TMED is hereby authorized to examine the trademark applications filed as of December 31, 1997 pursuant to Section 235.2 of the IP Code.cralaw

    iii.  The Chemical Examining Division (hereinafter referred to as "CHED") of the BPTTT is hereby designated to examine applications for invention patents for the purpose of determining whether a filing date may be granted in accordance with Section 40 of the IP Code and to assess and authorize the payment of the applicable fees to the AIPD.  For this purpose, Engr. Lita Terrado, Chief of the CHED, is hereby directed to designate examiners who shall act as DUTY OFFICERS, on a specified schedule.cralaw

    Pursuant to Section 235.1 of the IP Code, the CHED is hereby authorized to examine all applications for invention patents filed as of December 31, 1997 in accordance with Republic  Act. No. 165 and the corresponding Rules of Practice in Patent Cases.cralaw

    iv.  The Mechanical and Electrical Examination Division (hereinafter referred to as "MEED") of the BPTTT is hereby designated to examine applications for registration of utility models for purposes of determining whether a filing date may be granted in accordance with Section 40 in relation to Section 108 of the IP Code; and, to examine applications for registration of industrial designs for purposes of determining whether a filing date may be granted in accordance with Sections 116.1 and 116.2 of the IP Code;  and, to assess and authorize the payment of the applicable fees to the AIPD.  For this purpose, Engr. Joven Gertes, Caretaker of the MEED, is hereby directed to designate examiners who shall act as DUTY OFFICERS, on a specified schedule.cralaw

    Pursuant to Section 235.1 of the IP Code, the MEED is hereby authorized to examine all applications for invention patent filed as of December 31, 1997 in accordance with Republic Act. No. 165 and the corresponding Rules of Practice in Patent Cases.cralaw

    v.  The Patent and Trademark Registry Division (hereinafter referred to as "REG") is hereby designated to examine all post registration requirements, including affidavits of use, for the purpose of determining compliance with requirements under Republic Act No.165 and the corresponding Rules of Practice in Patent Cases, and Republic Act No.166 and the corresponding Rules of Practice in Trademark Cases, and to assess and authorize the payment of the applicable fees to the AIPD.cralaw

    vi.  The Technology Transfer Registry (hereinafter referred to as "TTR") is hereby designated and authorized to process all technology transfer arrangements and to assess and authorize the payment of the applicable fees to the AIPD;  and, to prepare for the second ASEAN-EU Ad Hoc Group Meeting set on February 19 and 20, 1998, in Makati City.cralaw

    vii.  The Information Documents and Research Division (hereinafter referred to as "IDRD") is hereby designated and authorized to conduct information dissemination activities, to take the necessary steps to continue the cooperation programs of the BPTTT with foreign entities, to prepare for the Eighth ASEAN WGIPC set one February 15 and 16, 1998 and meetings related thereto set on February 13 and 14, 1998.cralaw

    viii.  The Hearing Division of the BPTTT is hereby designated and authorized to proceed with the hearing of all cases pending before it as of December 31, 1997, issue interlocutory orders and resolutions, and prepare draft decisions; and, to assess and authorize the payment of applicable fees to the AIPD.

This MEMORANDUM ORDER takes effect immediately.

(Sgd)  CESAR B. BAUTISTA
Secretary
 


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