AND
ESTABLISHING THE INTELLECTUAL PROPERTY
OFFICE,
PROVIDING
FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
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.
Harvard
Computer Systems, Inc.