IP in the Philippines
Information to help you protect, manage and enforce your intellectual property (IP) rights in the Philippines.
This page provides practical information to help you make the most of your IP when doing business in the Philippines.
If you plan to do business in the Philippines, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British businesses looking for access to intellectual property advice and support should contact our South East Asia attaché team, based in the High Commission in Singapore
The Intellectual Property Office of the Philippines (IPOPHL) is the body responsible for operating the patent, industrial design and trade mark system in the Philippines.
Trade marks
The Philippine trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’ products or services. A trade mark is valid for ten years, then may be renewed indefinitely for further ten-year periods.
To protect a trade mark in the Philippines you can:
- apply online via IPOPHL
- make an international trade mark application and select the Philippines as a designated country. More information on international trade mark can be found in the international trade mark protection page
Good to know
Applications can be made in English or Filipino.
Non-residents must be represented by a local authorised individual e.g., a lawyer.
Patents
Like in the UK, patents for inventions can be protected for up to 20 years in the Philippines. The Philippines also provides protection for utility models for up to 7 years. Utility models are sometimes called “mini-patents” and require a lower level of inventiveness. All patent rights in the Philippines are subject to the payment of annual fees after they’ve been granted.
To protect your innovation with a patent in the Philippines you can:
- File an application directly to IPOPHL.
- File an international patent application and select the Philippines as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the international patent protection page.
- File an ASEAN application via ASEAN Patent Examination Co-operation (ASPEC). This can reduce cost and effort of applying for patents in multiple ASEAN countries.
Good to know
The Philippines operates a ‘first to file’ principle. If two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. The Philippines does operate grace period where you can register a patent within 12 months of any public disclosure.
Applications can be made in English or Filipino.
Non-residents must be represented by a local authorised individual e.g., a lawyer.
Designs
In the Philippines, design protection initially last for 5 years and can be extended for two consecutive periods i.e. protection can last for a maximum of 15 years.
To protect your design in the Philippines you can:
- File an application directly to IPOPHL.
- File an international design application and select the Philippines as a designated country. This can reduce the cost and effort of applying for designs in multiple countries. More information on international designs can be found in the international design protection page.
Good to know
The Philippines operates a ‘first to file’ principle. If two people apply for an identical design, the first one to file the application will be awarded the protection. The Philippines does operate grace period where you can register a patent within 6 months of any public disclosure.
Applications can be made in English or Filipino.
Non-residents must be represented by a local authorised individual e.g., a lawyer.
Copyright
As in the UK, copyright is an automatic right under Filippino law.
Copyright in the Philippines protects original literary, scientific, and artistic work.
The length of protection varies but generally lasts for 50 years counted from 1 January of the year following the author’s death.
Good to know
Although protection is automatic, you may want to register your work with IPOPHL or the National Library. Registration is voluntary but helps to provide evidence of copyright ownership before a court or relevant enforcement authority.
Non-residents must be represented by a local authorised individual e.g., a lawyer.
Enforcing your rights
Businesses mention IP infringement and IP enforcement as issues when operating in the Philippines.
If your rights are infringed, there are 4 main options you can consider: administrative action, civil litigation, criminal prosecution, and customs however mediation is often an effective and lower cost option where possible.
Administrative enforcement can initiated through filing a complaint with IPOPHL. The process is similar to civil litigation action and authorities can impose fines and damages.
In practice, counterfeiting and piracy are typically dealt with via criminal prosecution. Raid action is possible with the national police or bureau of investigation and while their involvement is not required to start criminal proceedings it is advised to make any following actions easier.
If you suspect infringing goods are being imported into the Philippines, you can register their IP with customs official who have the power to monitor counterfeit or pirated goods at the border. The recordal is effective for 2 years and can be extended for a further 2 years.
More information
For specific support on Trading overseas: IP enforcement manuals by country, we have developed a manual including details on the laws and regulations as well as the IP enforcement procedures in Philippines.
Visit these pages for more information about doing business in the Philippines.
To report a market access barrier on IP in the Philippines.
UK ASEAN Business Council (UKABC) provides awareness on the latest opportunities in the region for UK companies looking to expand their operations into markets across Southeast Asia including Philippines.
British Chamber of Commerce in Philippines provide a variety of business advice, services and support to businesses in the Philippines.
The British High Commission in Philippines supports UK businesses in the Philippines.