Question & AnswerQ&A (IPO OFFICE ORDER NO. 02, S. 2004)
The purpose is to give notice to the public that a particular intellectual property is registered with the Intellectual Property Office of the Philippines (IPOPHIL) in order to enable the recovery of damages pursuant to Sections 80 and 158 of Republic Act No. 8293 (Intellectual Property Code of the Philippines).
The registrant must display the words "Registered Mark" or the letter R within a circle or "Reg. IPOPHIL" on the registered mark, product, packaging, or advertising materials.
The notice must be displayed on the registered or patented product, on the container or packaging thereof, or on the advertising material relating to the product.
The words "Philippine Patent" or "Reg. IPOPHIL" and the patent number, as the case may be, must accompany the notice of registration.
Because old notices of registration appearing on goods and packaging bear the name Philippine Patent Office, which no longer exists and was succeeded by IPOPHIL pursuant to the Intellectual Property Code.
The rules took effect on February 1, 2004, after publication in a newspaper of general circulation not later than January 15, 2004.
Sections 80 and 158 of Republic Act No. 8293 are cited as the legal basis for the requirement of notice of registration.
Ms. Eleanor B. MeAez, Administrative Officer III, is directed to file three certified copies with the University of the Philippines Law Center and one certified copy each to the Office of the President, the Senate, the House of Representatives, the Supreme Court, and the National Library.
Mr. Restituto E. Maligaya, Division Chief, Operations and Maintenance Division, MIS-EDP Bureau, is directed to post the order on the IPO website immediately upon receipt.
Displaying the registered mark or notice of registration serves as public notice and is necessary to enable the registrant to recover damages in infringement cases under the Intellectual Property Code.