Question & AnswerQ&A (Republic Act No. 9150)
An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, that gives a special appearance to and can serve as a pattern for an industrial product or handicraft.
An integrated circuit is a product, in its final form or intermediate form, where elements, at least one being an active element, and some or all interconnections are integrally formed in and/or on a piece of material, intended to perform an electronic function.
Layout-design or topography refers to the three-dimensional disposition, however expressed, of the elements (at least one of which is active) and some or all of the interconnections of an integrated circuit or the three-dimensional disposition prepared for an integrated circuit intended for manufacture.
Only industrial designs that are new or ornamental shall be protected. Designs dictated essentially by technical or functional considerations or contrary to public order, health or morals are not protected.
A layout-design is original if it results from its creator's own intellectual effort and is not commonplace among creators and manufacturers of layout-designs at the time of its creation. A combination of commonplace elements may be protected if the combination as a whole is original.
The application must contain a request for registration, applicant identification, kind of article, representation by drawings or photos disclosing the features, name and address of the creator or statement of origin of right, and may include a specimen with prescribed fees.
The registration of an industrial design is for five years from the filing date, renewable for two consecutive five-year terms upon payment of renewal fees within 12 months prior to expiration with a 6-month grace period subject to surcharge.
Registration of a layout-design is valid for ten years without renewal, counted from the date of commencement of protection which is either the first commercial exploitation date or the filing date if not exploited before.
The owner has the right to reproduce the registered layout-design in whole or part (except non-original parts) and to sell or commercially distribute the design or integrated circuit containing it.
Limitations include reproduction for private or research use, acts on independently created identical designs, use of legally acquired circuits without knowledge of infringement, and post-notice liability conditions for existing stocks.
Cancellation can be petitioned if the design is not registerable, not new, or extends beyond the original application content. Partial cancellation may be applied, altering affected features.
Any interested person may petition cancellation if the layout-design is not protectable, the right holder is not entitled to protection, or the application was not filed within two years from first commercial exploitation.
Sections on novelty, prior art, non-prejudicial disclosure, right to a patent, first to file rule, commission inventions, right of priority, appointment of agent, refusal of application, surrender and correction of patents, remedies, rights, infringement, and assignment apply mutatis mutandis.
Sections on right to patent, first to file, inventions on commission, appointment of agent, patent surrender, correction of mistakes, amendments, remedies, rights and infringement, compulsory licensing, and assignment and transmission of rights apply mutatis mutandis.
Protection begins at either the date of first commercial exploitation worldwide with filing within 2 years or at the filing date if no prior commercial exploitation.