Legal basis for the transfer
- The transfer authority is anchored on Section 31 (3), Chapter 10, Title III, Book III of the Administrative Code of 1987.
- Section 31 (3), Chapter 10, Title III, Book III of the Administrative Code of 1987 authorizes the President to transfer any agency under the Office of the President to any other department or agency.
Purpose and policy rationale
- The Executive Order recognizes the Department of Trade and Industry (DTI) as the primary coordinative, promotive, facilitative, and regulatory arm of the Executive Branch in trade, industry, and investment.
- The Executive Order identifies the Intellectual Property Office (IPO) as the principal government agency tasked to oversee and implement state policies on the protection and enforcement of intellectual property rights.
- The Executive Order directs the administrative placement of the IPO to facilitate coordination of policies and programs between the IPO and the DTI.
Transfer of IPO to DTI
- Section 1 transfers the Intellectual Property Office (IPO) from the Office of the Executive Secretary.
- Section 1 attaches the IPO to the Department of Trade and Industry (DTI).
- The transfer is effected by operation of Section 1, restructuring the IPO’s departmental attachment under the Executive Branch.
Repeal of inconsistent issuances
- Section 2 provides that all orders, issuances, rules and regulations or parts thereof inconsistent with Executive Order No. 346 are repealed or modified accordingly.
- The repeal or modification in Section 2 applies only to provisions that conflict with the transfer and attachment mandated by Section 1.
Operational consequence and duration
- Section 3 states that the Executive Order becomes effective immediately upon issuance.
- The Executive Order contains no expiration date, sunset clause, or transitory deadline limiting the effect of the transfer.
- No additional procedural steps, filings, approvals, or transitional measures are established beyond the immediate effect and the repeal/modification rule in Section 2.