A study on the constitutionality of the amended section 7 (D) of the Intellectual Property Code

• Main Authors: Borras, Sabrina Monique D., Matanog, Norhanifa B.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Philippines Intellectual Property Code
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/9605
• Institution: De La Salle University

A study was conducted by the researchers regarding the constitutionality of Republic Act No. 10372 which amends certain provisions of Republic Act No. 8293 otherwise known as the Intellectual Property Code. It has been enacted and signed into law in 2013. In this study, the researchers focused on examining the amended Section 7 (d) of the Intellectual Property Code which gives visitorial powers to the Director General and Deputy Director General of the Intellectual Property Office. The researchers claimed that the said amendment to the functions of the Director General, particularly this visitorial power is unconstitutional. The researchers used two parameters to come up with their statement. The first basis is Article 3 Bill of Rights Section 2 which secures individuals from unreasonable search and seizure. The researchers believe that the Director General by visiting establishments without securing a warrant is a violation of the abovementioned individual right. The second basis used is the Doctrine of Separation of Powers which entails division of powers among the three branches of the government namely: the legislative branch, the executive branch and the judicial branch. With the amendment to Section 7 (d) of the Intellectual Property Code, the Director General is acting both the executive and the judiciary.