IP Treaties

WTO-TRIPS Agreement
The Philippines enacted Republic Act 8293 to comply with its treaty obligations
under the TRIPS (Trade Related Aspects of Intellectual Property Rights) agreement,
as a member of the World Trade Organization (WTO).
The WTO is the global international organization dealing with the rules of trade
between nations. At its heart are the WTO agreements, negotiated and signed by the
bulk of the world’s trading nations and ratified in their parliaments. The goal is to
help producers of goods and services, exporters, and importers conduct their
business. The Philippines became a WTO member and acceded to the TRIPS
Agreement in 1995.
The TRIPS agreement is the most comprehensive multilateral agreement on

intellectual property. It is the first international agreement that sets forth minimum
standards of protection for several areas of intellectual property. It also mandates
detailed civil, criminal, and border enforcement provisions with regard to
intellectual property. Additionally, it is the first international intellectual property
agreement that is subject to binding, enforceable dispute settlement.
The TRIPS Agreement allows its members to provide more extensive protection of
intellectual property if they so desire. Members also have the freedom to choose the
appropriate method of implementing the provisions of the TRIPS agreement within
their own legal system and practice.
The TRIPS agreement establishes minimum standards for the use, scope, and
availability of different forms of intellectual property covered by it. Some areas of
intellectual property that the TRIPS agreement covers are: Copyrights; Trademarks;
Service Marks; Industrial designs; Patents; Geographical Indications; Layout Designs
of ICs; Trade Secrets.
See: https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm
Other IPR Treaties
The Philippines is also a signatory to various intellectual property rights (IPR)

treaties administered by the World Intellectual Property Organization (WIPO). The
WIPO is the global forum for IP services, policy, information and cooperation. It is a
self-funding agency of the United Nations with 193 member states, including the
Philippines (joined in 1980).
The Philippines is a party to the following WIPO-administered treaties:
Treaty Instrument In Force
Berne Convention Accession: June 29, 1950 August 1, 1951

Budapest Treaty Accession: July 21, 1981 October 21, 1981
Madrid Protocol Accession: April 25, 2012 July 25, 2012
Marrakesh VIP Treaty Accession: December 18, 2018 March 18, 2019
Paris Convention Accession: August 12, 1965 September 27, 1965
Patent Cooperation Ratification: May 17, 2001 August 17, 2001
Treaty
Rome Convention Accession: June 25, 1984 September 25, 1984
WIPO Convention Ratification: April 14, 1980 July 14, 1980
WIPO Copyright Treaty Accession: July 4, 2002 October 4, 2002
WIPO Performances Accession: July 4, 2002 October 4, 2002
and Phonograms Treaty
 Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention, adopted in 1886, deals with the protection of works and the
rights of their authors. It provides creators such as authors, musicians, poets,
painters etc. with the means to control how their works are used, by whom, and on
what terms. It is based on three basic principles and contains a series of provisions
determining the minimum protection to be granted, as well as special provisions
available to developing countries that want to make use of them.
See: https://www.wipo.int/treaties/en/ip/berne/
 Budapest Treaty on the International Recognition of the Deposit of

Microorganisms for the Purposes of Patent Procedure
Adopted in 1977, the Budapest Treaty concerns a specific topic in the

international patent process: microorganisms. All states party to the Treaty are
obliged to recognize microorganisms deposited as a part of the patent procedure,
irrespective of where the depository authority is located. In practice this means that
the requirement to submit microorganisms to each and every national authority in
which patent protection is sought no longer exists.
See: https://www.wipo.int/treaties/en/registration/budapest/
 Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks
The Madrid System for the International Registration of Marks is governed by two
treaties:
- the Madrid Agreement, concluded in 1891 and revised at Brussels (1900),

Washington (1911), The Hague (1925), London (1934), Nice (1957) and
Stockholm (1967), and amended in 1979, and
- the Protocol relating to that Agreement, concluded in 1989, which aims to
make the Madrid system more flexible and more compatible with the domestic
legislation of certain countries or intergovernmental organizations that had not
been able to accede to the Agreement.
See: https://www.wipo.int/treaties/en/registration/madrid_protocol/
 Marrakesh Treaty to Facilitate Access to Published Works for Persons Who

Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) (2013)
The Marrakesh Treaty was adopted on June 27, 2013 in Marrakesh and it forms part
of the body of international copyright treaties administered by WIPO. It has a clear
humanitarian and social development dimension and its main goal is to create a set
of mandatory limitations and exceptions for the benefit of the blind, visually
impaired, and otherwise print disabled (VIPs).
See: https://www.wipo.int/treaties/en/ip/marrakesh/
 Paris Convention for the Protection of Industrial Property
The Paris Convention, adopted in 1883, applies to industrial property in the widest
sense, including patents, trademarks, industrial designs, utility models, service
marks, trade names, geographical indications and the repression of unfair
competition. This international agreement was the first major step taken to help
creators ensure that their intellectual works were protected in other countries.
See: https://www.wipo.int/treaties/en/ip/paris/
 Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty (PCT) makes it possible to seek patent protection for
an invention simultaneously in each of a large number of countries by filing an
"international" patent application. Such an application may be filed by anyone who
is a national or resident of a PCT Contracting State. It may generally be filed with the
national patent office of the Contracting State of which the applicant is a national or
resident or, at the applicant's option, with the International Bureau of WIPO in
Geneva.
See: https://www.wipo.int/treaties/en/registration/pct/
 Rome Convention for the Protection of Performers, Producers of

Phonograms and Broadcasting Organizations
The Rome Convention secures protection in performances for performers, in

phonograms for producers of phonograms and in broadcasts for broadcasting
organizations. WIPO is responsible for the administration of the convention jointly
with the International Labour Organization (ILO) and the United Nations
Educational, Scientific and Cultural Organization (UNESCO).
See: https://www.wipo.int/treaties/en/ip/rome/
 Convention Establishing the World Intellectual Property Organization
The WIPO Convention, the constituent instrument of the World Intellectual Property
Organization (WIPO), was signed at Stockholm on July 14, 1967, entered into force
in 1970 and was amended in 1979. WIPO is an intergovernmental organization
which in 1974 became one of the specialized agencies of the United Nations system.
The origins of WIPO go back to 1883 and 1886 when the Paris Convention for the
Protection of Industrial Property and the Berne Convention for the Protection of
Literary and Artistic Works provided for the establishment of an "International
Bureau". The two bureaus were united in 1893 and, in 1970, were replaced by the
World Intellectual Property Organization, by virtue of the WIPO Convention.
See: https://www.wipo.int/treaties/en/convention/
 WIPO Copyright Treaty (WCT)
The WIPO Copyright Treaty (WCT) is a special agreement under the Berne
Convention which deals with the protection of works and the rights of their authors
in the digital environment. In addition to the rights recognized by the Berne
Convention, they are granted certain economic rights. The Treaty also deals with
two subject matters to be protected by copyright: (i) computer programs, whatever
the mode or form of their expression; and (ii) compilations of data or other material
("databases").
See: https://www.wipo.int/treaties/en/ip/wct/
 WIPO Performances and Phonograms Treaty
The WIPO Performances and Phonograms Treaty (WPPT) deals with the rights of
two kinds of beneficiaries, particularly in the digital environment: (i) performers
(actors, singers, musicians, etc.); and (ii) producers of phonograms (persons or legal
entities that take the initiative and have the responsibility for the fixation of sounds).
See: https://www.wipo.int/treaties/en/ip/wppt/

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IP Treaties

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WTO-TRIPS Agreement

The TRIPS agreement is the most comprehensive multilateral agreement on

Other IPR Treaties

The Philippines is also a signatory to various intellectual property rights (IPR)

Treaty Instrument In Force

Berne Convention Accession: June 29, 1950 August 1, 1951

 Berne Convention for the Protection of Literary and Artistic Works

 Budapest Treaty on the International Recognition of the Deposit of

Adopted in 1977, the Budapest Treaty concerns a specific topic in the

- the Madrid Agreement, concluded in 1891 and revised at Brussels (1900),

 Marrakesh Treaty to Facilitate Access to Published Works for Persons Who

 Paris Convention for the Protection of Industrial Property

 Patent Cooperation Treaty (PCT)

 Rome Convention for the Protection of Performers, Producers of

The Rome Convention secures protection in performances for performers, in

 Convention Establishing the World Intellectual Property Organization

 WIPO Copyright Treaty (WCT)

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