RA 8293 - Intellectual Property Code of the Philippines

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32licensed to do business in the Philippines under existing law.(Sec. 41-A, R.A. No. 165a)SEC. 78. Process Patents; Burden of Proof. – If the subjectmatter of a patent is a process for obtaining a product, any identicalproduct shall be presumed to have been obtained through the useof the patented process if the product is new or there is substantiallikelihood that the identical product was made by the process andthe owner of the patent has been unable despite reasonable efforts,to determine the process actually used. In ordering the defendantto prove that the process to obtain the identical product is differentfrom the patented process, the court shall adopt measures toprotect, as far as practicable, his manufacturing and businesssecrets. (n)SEC. 79. Limitation of Action for Damages. – No damagescan be recovered for acts of infringement committed more thanfour (4) years before the institution of the action for infringement.(Sec. 43, R.A. No. 165)SEC. 80. Damages; Requirement of Notice. – Damagescannot be recovered for acts of infringement committed beforethe infringer had known, or had reasonable grounds to know ofthe patent. It is presumed that the infringer had known of thepatent if on the patented product, or on the container or packagein which the article is supplied to the public, or on the advertisingmaterial relating to the patented product or process, are placedthe words "Philippine Patent" with the number of the patent.(Sec. 44, R.A. No. 165a)SEC. 81. Defenses in Action for Infringement. – In anaction for infringement, the defendant, in addition to other defensesavailable to him, may show the invalidity of the patent, or anyclaim thereof, on any of the grounds on which a petition ofcancellation can be brought under Section 61 hereof. (Sec. 45,R.A. No. 165)SEC. 82. Patent Found Invalid May be Cancelled. – In anaction for infringement, if the court shall find the patent or anyclaim to be invalid, it shall cancel the same, and the Director ofLegal Affairs upon receipt of the final judgment of cancellation by
33the court, shall record that fact in the register of the Office andshall publish a notice to that effect in the IPO Gazette. (Sec. 46,R.A. No. 165a)SEC. 83. Assessor in Infringement Action. – 83.1. Two (2)or more assessors may be appointed by the court. The assessorsshall be possessed of the necessary scientific and technicalknowledge required by the subject matter in litigation. Eitherparty may challenge the fitness of any assessor proposed forappointment.83.2. Each assessor shall receive a compensation in anamount to be fixed by the court and advanced by the complainingparty, which shall be awarded as part of his costs should he prevailin the action. (Sec. 47, R.A. No. 165a)SEC. 84. Criminal Action for Repetition of Infringement.– If infringement is repeated by the infringer or by anyone inconnivance with him after finality of the judgment of the courtagainst the infringer, the offenders shall, without prejudice tothe institution of a civil action for damages, be criminally liabletherefor and, upon conviction, shall suffer imprisonment for theperiod of not less than six (6) months but not more than three (3)years and/or a fine of not less than One hundred thousand pesos(P100,000) but not more than Three hundred thousand pesos(P300,000), at the discretion of the court. The criminal actionherein provided shall prescribe in three (3) years from the date ofthe commission of the crime. (Sec. 48, R.A. No. 165a)CHAPTER IXVOLUNTARY LICENSINGSEC. 85. Voluntary License Contract. – To encourage thetransfer and dissemination of technology, prevent or controlpractices and conditions that may in particular cases constitutean abuse of intellectual property rights having an adverse effecton competition and trade, all technology transfer arrangementsshall comply with the provisions of this Chapter. (n)SEC. 86. Jurisdiction to Settle Disputes on Royalties. –The Director of the Documentation, Information and TechnologyTransfer Bureau shall exercise quasi-judicial jurisdiction in the
Page 1 and 2: 1}REPUBLIC OF THE PHILIPPINESCONGRE
Page 4 and 5: 4SEC. 6. The Organizational Structu
Page 6 and 7: 6representation in the Directorate
Page 8 and 9: 8(3) An assurance to recall, replac
Page 10 and 11: 1011.4. Establish working relations
Page 12 and 13: 12and regulations, all the fees, fi
Page 14 and 15: 14and XIII, where "application" mea
Page 16 and 17: 16(c) A third party which obtained
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Page 20 and 21: 20(a) An express or implicit indica
Page 22 and 23: 22invention. Such observations shal
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Page 26 and 27: 26(c) That the patent is contrary t
Page 28 and 29: 28(d) Seek cancellation of the pate
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Page 34 and 35: 34settlement of disputes between pa
Page 36 and 37: 3688.2. Continued access to improve
Page 38 and 39: 38SEC. 94. Period for Filing a Peti
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Page 42 and 43: 42any liability for infringement: P
Page 44 and 45: 44(b) Section 21, "Patentable Inven
Page 46 and 47: 46(e) The name and address of the c
Page 48 and 49: 48SEC. 119. Application of Other Se
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Page 52 and 53: 52(i) Consists exclusively of signs
Page 54 and 55: 54(j) A transliteration or translat
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Page 58 and 59: 58Office shall examine whether the
Page 60 and 61: 60Office shall at the written reque
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Page 66 and 67: 66(c) At any time, if the registere
Page 68 and 69: 68sale of goods or services using t
Page 70 and 71: 70an injunction against the present
Page 72 and 73: 72165.4. Any change in the ownershi
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Page 76 and 77: 76PART IVTHE LAW ON COPYRIGHTCHAPTE
Page 78 and 79: 78(a) Books, pamphlets, articles an
Page 80 and 81: 80under this law, to any idea, proc
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82178.3. In the case of work create
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84CHAPTER VIIILIMITATIONS ON COPYRI
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86SEC. 185. Fair Use of a Copyright
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88unusable, replace a copy, or to r
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90and for seizing and condemning an
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92contribution attributed to him is
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94202.4. "Fixation" means the embod
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96broadcasting or fixation of his p
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98212.2. Using short excerpts for r
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100(b) Pay to the copyright proprie
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102(a) At the time specified therei
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104(e) Works first published in ano
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106SEC. 229. Copyright Division; Fe
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108with the Acts under which said a
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RA 8293 - Intellectual Property Code of the Philippines

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