SEC. 119. Application of Other Sections and Chapters. – 119.1. The following provisions relating to patents shall apply mutatis mutandis to an industrial design registration:
SECTION 21 – Novelty;
SECTION 24 – Prior art: Provided, That the disclosure is contained in printed documents or in any tangible form;
SECTION 25 – Non-prejudicial Disclosure,
SECTION 28 – Right to a Patent;
SECTION 29 – First to File Rule;
SECTION 30 – Inventions Created Pursuant to a Commission;
SECTION 31 – Right of Priority: Provided, That the application for industrial design shall be filed within six (6) months from the earliest filing date of the corresponding foreign application;
SECTION 33 – Appointment of Agent or Representative;
SECTION 51 – Refusal of the Application;
SECTIONS 56 to 60 – Surrender, Correction of and Changes in Patent;
CHAPTER VII – Remedies of a Person with a Right to Patent;
CHAPTER VIII – Rights of Patentees and Infringement of Patents; and
CHAPTER XI – Assignment and Transmission of Rights.
119.2. If the essential elements of an industrial design which is the subject of an application have been obtained from the creation of another person without his consent, protection under this Chapter cannot be invoked against the injured party.
119.3. The following provisions relating to patents shall apply mutatis mutandis to a layout-design of integrated circuits registration:
SECTION 28 – Right to a Patent;
SECTION 29 – First to File Rule;
SECTION 30 – Inventions Created Pursuant to a Commission;
SECTION 33 – Appointment of Agent or Representative;
SECTION 56 – Surrender of Patent.
SECTION 57 – Correction of Mistakes of the Office;
SECTION 58 – Correction of Mistakes in the Application;
SECTION 59 – Changes in Patents;
SECTION 60 – Form and Publication of Amendment;
CHAPTER VII – Remedies of a Person with a Right to Patent;
CHAPTER VIII – Rights of Patentees and Infringement of Patents: Provided, That the layout-design rights and limitation of layout-design rights provided hereunder shall govern;
CHAPTER X – Compulsory Licensing;
CHAPTER XI – Assignment and Transmission of Rights
119.4. Rights Conferred to the Owner of a Layout-Design Registration. – The owner of a layout-design registration shall enjoy the following rights:
(1) to reproduce, whether by incorporation in an integrated circuit or otherwise, the registered layout-design in its entirety or any part thereof, except the act of reproducing any part that does not comply with the requirement of originality; and
2) to sell or otherwise distribute for commercial purposes the registered layout-design, an article or an integrated circuit in which the registered layout-design is incorporated.
119.5. Limitations of Layout Rights. – The owner of a layout design has no right to prevent third parties from reproducing, selling or otherwise distributing for commercial purposes the registered layout-design in the following circumstances:
(1) Reproduction of the registered layout-design for private purposes or for the sole purpose of evaluation, analysis, research or teaching;
(2) Where the act is performed in respect of a layout-design created on the basis of such analysis or evaluation and which is itself original in the meaning as provided herein;
(3) Where the act is performed in respect of a registered layout-design, or in respect of an integrated circuit in which such a layout-design is incorporated, that has been put on the market by or with the consent of the right holder;
(4) In respect of an integrated circuit where the person performing or ordering such an act did not know and had no reasonable ground to know when acquiring the integrated circuit or the article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout-design: Provided, however, That after the time that such person has received sufficient notice that the layout-design was unlawfully reproduced, that person may perform any of the said acts only with respect to the stock on hand or ordered before such time and shall be liable to pay to the right holder a sum equivalent to at least 5% of net sales or such other reasonable royalty as would be payable under a freely negotiated license in respect of such layout-design; or
(5) Where the act is performed in respect of an identical layout design which is original and has been created independently by a third party.”
SEC. 120. Cancellation of Design Registration. – 120.1. At any time during the term of the industrial design registration, any person upon payment of the required fee, may petition the Director of Legal Affairs to cancel the industrial design on any of the following grounds:
(a) If the subject matter of the industrial design is not registerable within the terms of Sections 112 and 113;
(b) If the subject matter is not new; or
(c) If the subject matter of the industrial design extends beyond the content of the application as originally filed.
120.2. Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected to such extent only. The restriction may be effected in the form of an alteration of the effected features of the design.
120.3. Grounds for Cancellation of Layout-Design of Integrated Circuits. – Any interested person may petition that the registration of a layout-design be cancelled on the ground that:
(i) the layout-design is not protectable under this Act;
(ii) the right holder is not entitled to protection under this Act; or
(iii) where the application for registration of the layout-design, was not filed within two (2) years from its first commercial exploitation anywhere in the world.
Where the grounds for cancellation are established with respect only to a part of the layout-design, only the corresponding part of the registration shall be cancelled.
“Any cancelled layout-design registration or part thereof, shall be regarded as null and void from the beginning and may be expunged from the records of the Intellectual Property Office. Reference to all cancelled layout-design registration shall be published in the IPO Gazette.”
SECTION 2. Implementing Rules and Regulations. – The Intellectual Property Office may issue Regulations prescribing details for the implementation of this law. The Regulations may, in particular, provide for the payment of fees in connection with applications for the registration of layout-designs of integrated circuits and matters related thereto, including Administrative Instructions relating to the procedures and other functions of the responsible unit duly designated by the Director General.
SECTION 3. Applicability. – The provisions of this Act shall apply to layout-designs of integrated circuits that were commercially exploited anywhere in the world from and after January 1998 provided they meet the conditions for protection under this Act.
SECTION 4. Repealing Clause. – All acts and parts of acts inconsistent herewith are hereby repealed or amended accordingly.
SECTION 5. Separability Clause. – If any provision of this Act or the application of such provision to any circumstance is held invalid, the remainder of this Act shall not affected thereby.
SECTION 6. Effectivity. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
