LAWS ON FILIPINO INVENTIONS PROTECTION

1.0 The Filipino Interest is a National Interest and the Philippine

Constitution gives emphasis and protection to this. Thus, the State
shall develop a self-reliant and independent national economy
effectively controlled by Filipinos ( Section 19 of Article II)
2.0 The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt measures
that help make them competitive ( Section 12 of Article XII)
3.0 The State shall give priority to research and development, invention,
innovation, and their utilization; . . . it shall support indigenous,
appropriate, and self-reliant scientific and technological capabilities,
and their application to the countrys productive systems and national
life ( Section 10 of Article XIV)
4.0 The State shall protect and secure the esclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property
and creations, particularly when beneficial to the people, for such
period as may be provided by law (Section 13 of Article XIV)
5.0 The above paved the way for The Filipino First Policy which is a
product of Philippine Nationalism. This is embodied in the 1987
Constitution, not merely to be used as a guideline for future legislation,
but primarily to be enforced. This was made clear by the Honorable
Supreme Court in Manila Prince Hotel vs GSIS, 267 SCRA 408 (1997)
6.0 R.A. No. 8293 otherwise known as : The Intellectual Property Code of
the Philippines which expressly gives the right of exclusivity in terms
of use, manufacturing, sale and importation upon the manufacturer
who is enjoying intellectual property right and which is registered with
the Intellectual Property Office
7.0 R.A. No. 7459, otherwise known as The Inventors and Invention
Incentives Act of the Philippines which expressly vests preference in
utilization of invented products upon an inventor who is duly certified
by the Filipino Inventors Society, Inc.

Page 2 . . . . Laws for the Inventors

8.0 R.A. 9184, otherwise known as The Government Procurement

Reform Act of 2003 Section 43, thereof and Section 43.0 of its
Implementing Rules and Regulations (IRR-A) states that in the
interest of availability, efficiency, and timely delivery of goods, the
procuring entity may give preference to the purchase domesticallyproduced and manufactured goods, supplies and materials that meet
the specified or desired quality.
9.0 Commonwealth Act no. 138, otherwise known as : The Flag Law
which expressly mandates the national government procurement
agency, and all other officers and employees of the local government
units and the Government of the Philippines, including commissions,
bureaus, departments, offices, agencies, branches, and governmentowned companies, to give preference to materials and supplies
produced, made, and manufactured in the Philippines and to domestic
entities;
10.0The Revised Administrative Code of 1987, Section 78 of Book VI
thereof states that all appropriations for the purchase of equipment,
supplies and materials authorized in the General Appropriations Act is
required to be available only for locally manufactured equipment,
parts, accessories, medicines and drugs, supplies and materials, except
when none is available in the market.
11.0

Administrative Order No. 227 dated May 27, 2008, Section 1 thereof
provides that all Heads of Departments, Bureaus, Offices and
Agencies of the National Government, including Local Government
Units, Government Owned and/or Controlled Corporations,
Government Financial Institutions, State Universities and Colleges,
and Military and Police Units shall give preference in the procurement
of materials and supplies, produced made, and manufactured in the
Philippines that meet the specified or desired quality in accordance
with the provisions of existing laws and treaties or international
agreements, and Section 3 thereof provides that the procurement of
imported goods may be allowed if local products, materials, and
supplies are not manufactured domestically in sufficient quantity, or
comparable quality and at reasonable prices.