Short Title
- Regulations are referred to as the "Layout-Design Regulations."
Key Definitions
- "Bureau": Bureau of Patents.
- "Director": Director of the Bureau of Patents.
- "Director General": Head of the Intellectual Property Office.
- "Integrated Circuit": A product with active elements and interconnections integrally formed in/on material, intended to perform electronic function.
- "Layout Design" or "Topography": Three-dimensional disposition of active elements and interconnections in an integrated circuit.
- "Original layout-design": A layout-design representing the creator's own intellectual effort and not commonplace at creation time.
Requisites for Registrability
- Layout-design must be original.
- A combination of commonplace elements may be registered if the overall combination is original.
Right to Registration
- Right belongs to the creator, heirs, or assigns.
- Jointly created designs have joint registration rights.
- Commissioned works registration typically belongs to the commissioner unless contract states otherwise.
- Employee creations depend on whether work was part of regular duties or not.
First to File Rule
- Priority of registration goes to first applicant who filed.
- In cases of simultaneous independent creation with the same filing date, registration is joint.
- Subject to limitations and resolution of originality disputes.
Application for Registration
- Filing is with the Bureau of Patents of the IPO in prescribed form.
- Any natural or juridical person may file in the name of the creator, heirs, legal representatives, or assigns.
- Applicants not residing in the Philippines must appoint a resident agent.
- Application must contain request for registration, applicant identification, article kind, graphic representations, origin of right, date and place of first exploitation, and signatures.
Filing Date and Completion of Requirements
- Filing date is the receipt date of a fully completed application form with fee and representations.
- Applicants have one month to correct or complete submissions; failure means application is withdrawn.
Examination and Publication
- Director has 10 days to refuse application; lack of action results in immediate publication.
- Drawings and relevant information published in the IPO Gazette.
Adverse Information and Opposition
- Within one month of publication, any interested party may submit information contesting originality or timely filing.
- Director decides within one month whether to grant registration.
- Director's refusal may be appealed to Director General; if registered, interested parties may file cancellation petitions.
Certificate of Registration
- Issued under Republic of the Philippines seal, signed by the Director.
- Contains creator(s) name(s) and address(es).
- Inspection of IPO records allowed to interested parties.
Registration Term
- Valid for 10 years without renewal.
- Protection begins on first commercial exploitation (with application filed within 2 years) or on the filing date if no prior exploitation.
Changes and Corrections in Registration
- Requests for change, assignment, surrender, amendments or corrections require prescribed forms, fees, and proof under oath.
- Failure to submit proof or pay fees results in denial or non-filing.
Cancellation of Registration
- Any interested party may petition for cancellation on grounds that layout-design is non-protectable, right holder is not entitled, or late filing beyond 2 years of first commercial exploitation.
- Partial cancellations allowed for affected portions only.
- Cancelled registrations declared null and void and expunged; cancellations published in IPO Gazette.
- Petitions governed by Inter Partes Proceedings or decided directly by the Director depending on grounds.
Compulsory Licensing
- Registered layout-designs subject to compulsory licensing petitions, regulated by Inter Partes Proceedings.
Infringement Proceedings
- Administrative actions for infringement governed by established IPO rules on intellectual property violations.
Appeals Process
- Director's decisions become final after 30 days unless motion for reconsideration or appeal to Director General is filed.
- Only one motion for reconsideration allowed.
- Appeals to Director General follow Uniform Rules on Appeal.
- Final appeal lies with the Court of Appeals; no motion for reconsideration allowed post Director General decision.
Fees
- IPO collects fees for filing (₱5,000), specimen deposit (₱1,000), cancellation petitions based on late filing (₱5,000), and change requests (₱1,000).
- Filing fee payable upon filing or within one month otherwise application is withdrawn.
- Other applicable IPO fees apply as amended.
Miscellaneous Provisions
- Correspondence rules in Utility Models and Design Regulations apply.
- If any provision is invalid, remainder remains effective.
- Certified copies of Regulations filed with various government offices and institutions.
- Regulations take effect on 15 March 2002 after publication in IPO Website and newspaper.