My bookmarksSign up free

RA 165 CHAPTER XII.—Disigns

Section 55–60 · 6 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Industrial design.

Section 55

SEC. 55. Industrial design.—Any new and original creation relating to the features of shape, pattern, configuration, ornamental, or artistic appearance of an article or industrial product may be protected as an industrial design by the author in the same manner and subject to the same provisions and requirements as relate to patents for invention insofar as they are applicable, except as otherwise hereinafter provided.

Six months publications.

Section 56

SEC. 56. Six months publications.—The period of one year specified in section nine, Chapter II, and section fifteen, Chapter III, hereof, ;for inventions shall be six months in the case of designs.

Notice of registration shall be published.

Section 57

SEC. 57. Notice of registration shall be published.—Notice of the registration of the design shall be published in the Official Gazette.

Term and extension thereof.

Section 58

SEC. 58. Term and extension thereof.—The term of the design registration shall be five years from the date of registration. Before the expiration of the five-year term upon payment of the required fee, or within a further time thereafter not to exceeds six months upon payment of the surcharge, the owner of the registration may apply for an extension for an additional five years. The application for extension must be accompanied by an affidavit showing that the design is in commercial or industrial use in the Philippines or satisfactory explaining non-use. In a similar manner an extension for a third five-year period may be obtained.

Marking.

Section 59

SEC. 59. Marking.—The marking required by section forty-four, Chapter X, hereof, shall be "Philippines Design Registration," or appropriate abbreviation, and the number of the registration.

Infringement.

Section 60

SEC. 60. Infringement.—Infringement of a design registration shall consist in unauthorized copying of the registered design for the purpose of trade or industry in the article or product and in the making, using or selling of the article or product copying the registered design. Identity or substantial identity with the registered design shall constitute evidence of copying.

Back to RA 165 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).