[ BTRCR DEPARTMENT ADMINISTRATIVE ORDER NO. 6, June 07, 1991 ]
AMENDING MINISTRY ORDER NO. 69, SERIES OF 1983, TO INCLUDE THE DECREE ON THE PROTECTION OF INTELLECTUAL PROPERTY IN THE ENUMERATION OF TRADE AND INDUSTRY LAWS
WHEREAS, it is the policy of the Government to protect intellectual property against infringement, piracy and counterfeiting;
WHEREAS, P.D. 49 as amended ("Decree on the Protection of Intellectual Property") does not provide for administrative adjudication of cases of violations of said Decree;
WHEREAS, Executive Order No. 913 authorizes the Secretary of Trade and Industry to administratively adjudicate cases of violations of trade and industry laws;
WHEREAS, the Decree on the Protection of Intellectual Property regulates trade and industry activities just like the other laws on intellectual property i.e., Patent Law and Trademark Law, which are considered trade and industry laws, and the Decree is not within the jurisdiction of any administrative agency except for some provisions which are within the jurisdiction of the National Library.
NOW, THEREFORE, the following are prescribed:
SECTION 1. Section 1(d) of Ministry Order No. 69, Series of 1983, as amended by DAO No. 14, Series of 1990, is hereby further amended to include Presidential Decree No. 49, as amended in the enumeration of "Trade and Industry Laws", to read as follows:
SECTION 3. This Department Administrative Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.
Adopted: 7 June 1991
WHEREAS, P.D. 49 as amended ("Decree on the Protection of Intellectual Property") does not provide for administrative adjudication of cases of violations of said Decree;
WHEREAS, Executive Order No. 913 authorizes the Secretary of Trade and Industry to administratively adjudicate cases of violations of trade and industry laws;
WHEREAS, the Decree on the Protection of Intellectual Property regulates trade and industry activities just like the other laws on intellectual property i.e., Patent Law and Trademark Law, which are considered trade and industry laws, and the Decree is not within the jurisdiction of any administrative agency except for some provisions which are within the jurisdiction of the National Library.
NOW, THEREFORE, the following are prescribed:
SECTION 1. Section 1(d) of Ministry Order No. 69, Series of 1983, as amended by DAO No. 14, Series of 1990, is hereby further amended to include Presidential Decree No. 49, as amended in the enumeration of "Trade and Industry Laws", to read as follows:
"51. Presidential Decree 49 as amended by P.D. 1988. - Decree on the Protection of Intellectual Property (except provisions falling within the jurisdiction of the National Library)."SECTION 2. Nothing in this Department Administrative Order shall be interpreted as to diminish or modify existing powers, functions, and responsibilities of the Videogram Regulatory Board under P.D. 1987 and other laws.
SECTION 3. This Department Administrative Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.
Adopted: 7 June 1991
(SGD.) PETER D. GARRUCHO, JR.
Acting Secretary
Acting Secretary