Question & AnswerQ&A (IPO OFFICE ORDER NO. 19, S. 2002, FEBRUARY 26, 2002)
These regulations are referred to as the "Layout-Design Regulations".
An Integrated Circuit means a product, in its final or intermediate form, where elements (at least one being an active element) and some or all interconnections are integrally formed on a piece of material, intended to perform an electronic function.
An Original layout-design is a layout-design that is the result of the creator’s own intellectual effort and is not commonplace among creators and manufacturers at the time of its creation.
A layout-design must be original. If it consists of a combination of commonplace elements, it can be registered only if the combination as a whole is original.
The right belongs to the creator, their heirs, or assigns. Joint creators share the right jointly. For commissioned works, the commissioner owns the registration unless the contract states otherwise. For employees, if created during regular duties, the employer owns the registration unless otherwise agreed; if outside regular duties, the employee owns it.
If two or more persons create the same layout-design independently, the right to registration belongs to the person who files the application first. If multiple applications are filed on the same day, registrations are granted jointly.
Applications must be filed with the Bureau of Patents of the Intellectual Property Office (IPO).
Any natural or juridical person may file the application in the name of the creator, heirs, legal representatives, or assigns.
It must include a request for registration, applicant information, the kind of article to which the layout design applies, drawings or graphic representations, the creator's name and address or origin of right, date and country of first commercial exploitation if applicable, and the applicant's signature.
The registration is valid for 10 years without renewal, counted from the date protection starts, which is either the first commercial exploitation date worldwide (if application is filed within 2 years) or the filing date if no prior commercial exploitation.
The applicant has a non-extendible period of one month from notice to complete or correct the application and pay fees. Failure to comply leads to the application being deemed withdrawn.
Within one month after publication, interested parties can submit adverse information to the Director. The Director decides within one month to approve or refuse registration, with possible appeal to the Director General or cancellation petitions available.
Cancellation can be based on the layout-design not being protectable, the registrant not entitled to protection, or failure to file application within 2 years from first commercial exploitation.
Yes, a registered layout-design may be subject to compulsory licensing and governed by Regulations on Inter Partes Proceedings.
Infringements are dealt with under the Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights.
Yes, fees include a filing fee of ₱5,000, deposit of specimen fee of ₱1,000, cancellation petition fee of ₱5,000, and fee of ₱1,000 for requests like amendments or corrections.
They must appoint and maintain a resident agent or representative in the Philippines upon whom legal notices or processes can be served.
The certificate is signed by the Director of the IPO and dated as of the date of publication of the application.
The applicant may appeal the Director's decision to the Director General by filing an appeal memorandum and paying the required fee.
These regulations took effect on 15 March 2002, after publication on the IPO website and in at least one newspaper not later than 28 February 2002.