Section 8
SEC. 8. Section 74 of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, is hereby amended to read as follows: "SEC. 74. Use of Invention by Government. — 74.1. A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent owner where: "(a) The public interest, in particular, national security, nutrition, health or the development of other sectors, as determined by the appropriate agency of the government, so requires; or "(b) A judicial or administrative body has determined that the manner of exploitation, by the owner of the patent or his licensee, is anti-competitive; or "(c) In the case of drugs and medicines, there is a national emergenvy or other circumstance of extreme urgency requiring the use of the invention; or "(d) In the case of drugs and medicines, there is public non-commercial use of the patent by the patentee, without satisfactory reason; or "(e) In the case of drugs and medicines, the demand for the patented article in the Philippines is not being met to an adequate extent and on reasonable terms, as determined by the Secretary of the Department of Health." "74.2. Unless otherwise provided herein, the use by the Government, or third person authorized by the Government shall be subject, where applicable, to the following provisions: "(a) In situations of national emergency or other circumstances of extreme urgency as provided under Section 74.1 (c), the right holder shall be notified as soon as reasonably practicable; "(b) In the case of public non-commercial use of the patent by the patentee, without satisfactory reason, as provided under Section 74.1 (d), the right holder shall be informed promptly: Provided, That, the Government or third person authorized by the Government, without making a patent search, knows or has demonstrable ground to know that a valid patent is or will be used by or for the Government; "(c) If the demand for the patented article in the Philippines is not being met to an adequate extent ad on reasonable terms as provided under Section 74.1 (e), the right holder shall be informed promptly; "(d) The scope and duration of such use shall be limited to the purpose for which it was authorized; "(e) Such use shall be non-exclusive; "(f) The right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization; and "(g) The existence of a national emergency or other circumstances of extreme urgency, referred to under Section 74.1 (c), shall be subject to the determination of the President of the Philippines for the purpose of determining the need for such use or other exploitation, which shall be immediately executory. "74.3. All cases arising from the implementation of this provision shall be cognizable by courts with appropriate jurisdiction provided by law. "No court, except the Supreme Court of the Philippines, shall issue any temporary restraining order or preliminary injunction or such other provisional remedies that will prevent its immediate execution. "74.4. The Intellectual Property Office (IPO), in consultation with the appropriate government agencies, shall issue the appropriate implementing rules and regulations for the use or exploitation of patented inventions as contemplated in this section within one hundred twenty (120) days after the effectivity of this law."