Dr. Leonardo C. Medina, Jr. Reviewer, Manila Review Institute, Inc. Dean, College of Engineering Lyceum of the Philippines University PROFESSIONAL REGULATION COMMISSION Professional Regulation Commission (PRC) Executive Administer, implements, and enforces the regulatory policies of the national government, including the maintenance of professional and occupational standards and ethics and the enforcement of the rules and regulations relative thereto. Quasi-Legislative Formulates rules and policies on professional regulation. When published in the official gazette, these rules have the force and effect of law. Quasi-Judicial Investigates cases against erring examinees and professionals. Its decisions have the force and effect of the decisions of a court of law, with the same level of authority as a Regional Trial Court. After the lapse of the period within which to file an appeal, Commission decisions become final and executory. Duties of the PRC: - Prepare the contents of licensure examinations. Determine, prescribe, and revise the course requirements - Recommend measures necessary for advancement in their fields - Visit / inspect schools and establishments for feedback - Adopt and enforce a Code of ethics for the practice of their respective professions - Administer oaths and issue Certificate of Registration - Investigate violations of set professional standards and adjudicate administrative and other cases against erring registrants - Suspend, revoke, or reissue Certificate of Registration for causes provided by law COMMISSION PROPER HON. TERESITA R. MANZALA Chairperson COMMISSION PROPER Hon. Jennifer Jardin Manalili Commissioner COMMISSION PROPER ATTY. ARISTOGERSON T. GESMUNDO Assistant Commissioner HISTORY 1973 The PRC is created with the signing of Presidential Decree No. 223 on June 22 by President Ferdinand E. Marcos 1974 Arch. Eric C. Nubla assumes office as the first PRC Commissioner on January 2. The PRC Coat-of-Arms designed by the Heraldry Commission is officially adopted on February 1. The burned CSC building at P. Paredes St. is solicited by PRC for its use on February 12. The structure later became the PRC Main Building. PRC starts issuing certificates of registration in Filipino with English translation. Proclamation No. 1276 is issued declaring June 22 to 29 of the year as "Professional Consciousness Week." Computerization of the database of registered professionals starts with the assistance of the National Computer Center. The Implementing Rules and Regulations of P.D. 223 are promulgated on December 9. HISTORY 1975 PRC starts issuance of computer-printed registration cards with one-year validity. PRC starts accrediting professional organizations. 1976 PRC enters into an agreement with the Civil Service Commission in August to register all board examination passers as civil service eligibles pursuant to R.A. 1080, as amended. 1977 PRC starts issuing registration cards valid for 3 years pursuant to Letter of Instruction No. 567. PRC confers the first "Outstanding Professional of the Year" awards to professionals. Proclamation No. 1646 is issued declaring June 22-29 of every year as "Professional Consciousness Week." BOARD OF CHEMICAL ENGINEERING MEMBERS OF THE BOARD Dr. Ofelia V. Bulaong Chairperson Engr. Jeffrey G. Mijares Member Engr. Francisco A. Arellano Member HISTORY On February 23, 1921, under Public Act No. 2985, the Board of Examiners for Chemical Engineers was placed under the Secretary of Commerce and Communications. When the executive department was reorganized in 1932 under Republic Act No. 4007, the Board was transferred to the Department of Public Works and Communications. The Department Secretary appointed the Chairman and Members of the Board, while the Director of the Bureau of Civil Service administered licensure examinations and kept all Board records including examination papers and minutes of Board meetings. HISTORY The first Board was composed of Engr. Ramon T. Feliciano as Chairman with Engrs. Vivencio S. Araos and Moises L. Miranda as Members. On June 19, 1948, the passage of Republic Act No. 318 led to the creation of a new Board of Examiners for Chemical Engineers. The law empowered the Department of Public Works and Communications Secretary to appoint a three-man body that would administer the Board’s functions and operations. It also defined the regulatory powers of the Board on the conduct of licensure examinations and issuance of Certificate of Registration . HISTORY In its campaign to give its professionals the highest degree of moral standards, the Board laid down a Code of Ethics to guide chemical engineers in the practice of their profession. It formally adopted and approved the Code on January 14, 1985. To ensure that the applicant for the chemical engineering profession meets the required learning and proficiency, the Board drafted the set of Guidelines and General Instructions on the Conduct of Chemical Engineering Licensure Examinations. The guidelines provide for formulating test questions and a general description of subjects for examinees. The same was disseminated and circularized to all schools and colleges on August 9, 1993 “ The Chemical Engineering Law of 2004” Article I Title, Statement of Policy, Definition of Terms and Scope of Practice Article II Creation of the Professional Regulatory Board for Chemical Engineers Article III Licensure Examination and Registration Article IV Practice of Chemical Engineering Article V General Provisions Article I Title, Statement of Policy, Definition of Terms and Scope of Practice Statement of Policy: It is hereby declared the policy of the State to supervise and regulate the practice of chemical engineering vital to national development, upgrade the chemical engineering education in order to ensure that our chemical engineers are at par with the best in the world and to reserve the practice of such profession to Filipino citizens. Definition of Terms: Chemical engineering – rendering or offering of professional chemical engineering service for a fee, salary, reward or compensation, paid to him or through another person, or even without such reward or compensation. Industrial Plant – any plant in which a unit process and/or operations are involved, including the related pollution control and abatement processes or operations. Unit Process – the chemical change which is involved in the manufacture of industrial or consumer products or the treatment of industrial or chemical wastes Unit Operation – the physical operation by which a desired step in an industrial process is conducted or controlled. This includes, but are not limited to the ff: - storage of gases, solids, and liquids - heat transfer - evaporation - distillation - absorption - drying - humidification - extraction - dispersion - mixing - separation - filtration - screening - leaching Professional chemical engineering subjects: - ChE Thermodynamics - ChE Calculations - Momentum Transfer - Heat Transfer - Mass Transfer - Industrial Processes - Industrial Waste Management and Control - Process Equipment and Plant Design - Biochemical Engineering Scope of Practice: - Consultation requiring chemical engineering knowledge - Investigation - Estimation - Planning - Preparation of feasibility studies - Designing - Preparation of specifications - Supervision of installation - Operation including quality management - Research and development Article II Creation of the Professional Regulatory Board for Chemical Engineers Composition of the Board: There shall be created a Board of Chemical Engineering, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter called Commission, composed of a Chairman and two (2) members to be appointed by the President of the Philippines from among those recommended by the Commission from the nominees of the duly integrated and accredited national organization of chemical engineers. Qualifications of the Board Chairman and Members 1. A natural-born Filipino citizen and resident of the Philippines; 2. At least a holder of a bachelor’s degree in chemical engineering or its equivalent, as conferred by an engineering school of good standing, recognized and accredited by the Government; 3. A registered chemical engineer who has been in active practice for at least ten (10) years; 4. A member of good standing of the integrated and duly accredited national chemical engineering profession; and 5. A person who does not have any pecuniary interest, directly or indirectly in any university, college, school or institution conferring an academic degree necessary for admission to the practice of chemical engineering or where review classes in preparation for the Power and Duties of Board - Supervise and regulate the practice of the chemical engineering profession; - Determine and evaluate the qualifications of the applicants for registration; - Prescribe the subjects in the licensure examination; determine the syllabi of the subjects their relative weights; construct the test questions in the examination; score and rate the examination papers; and submit the examination results to the Commission; - Adopt rules and regulations for the practice of chemical engineering; - Prosecute or institute criminal action against any violator of this Act and/or rules and regulations of the Board; and - Perform such other functions as may be necessary in order to implement the provisions of this Act. Article III Licensure Examination and Registration Qualifications for Examination a. A citizen of the Philippines b. Is of good moral character c. A graduate of a school recognized by the Government d. Has not been convicted of an offense involving moral turpitude by a court of competent jurisdiction • A Filipino citizen who graduated from a foreign educational institution shall be required to submit an endorsement from the CHED before his application is accepted. Application 1. Certificate of Live Birth in NSO security paper 2. Marriage Contract in NSO security paper (if married) 3. Baccalaureate Transcript of Records 4. College Diploma 5. Certification of Good Moral Character 6. NBI Clearance 7. Other documents that may be required The Chemical Engineering Licensure Exam Day 1 Physical and Chemical Principles - 30% Day 2 Chemical Engineering Principles - 40% Day 3 General Engineering, Ethics and Contracts - 30% Scope of Examination I. Physical and Chemical Principles (30%) A. B. C. D. E. F. GENERAL INORGANIC CHEMISTRY ORGANIC CHEMISTRY ANALYTICAL CHEMISTRY PHYSICAL CHEMISTRY BIOCHEMICAL ENGINEERING ENVIRONMENTAL ENGINEERING II. Chemical Engineering Principles (40%) A. B. C. D. E. F. G. ChE CALCULATIONS ChE THERMODYNAMICS REACTION KINETICS UNIT OPERATIONS CHEMICAL PROCESS INDUSTRIES PLANT DESIGN INSTRUMENTATION AND PROCESS CONTROL III. General Engineering, Ethics and Contracts (30%) A. B. C. D. E. F. MATHEMATICS PHYSICS ENGINEERING MECHANICS STRENGTH OF MATERIALS ENGINEERING ECONOMICS LAWS, CONTRACTS AND ETHICS Rating A general average of no less than seventy per centum (70%) A rating of no less than fifty per centum (50%) in any examination subject Venues and Date of Examination Venue: Manuel L. Quezon University Examination Dates: (Twice each year) November and April Article IV Practice of Chemical Engineering Who may Practice Chemical Engineering? Only persons properly licensed and registered may practice chemical engineering. No firm, partnership, corporation or association may be licensed or registered as such for the practice of chemical engineering, but duly licensed and registered engineers and architects and use the title “Chemical Engineers,” “Engineers,” or Engineers and Architects” in their partnership name. Prohibitions: a. Practice chemical engineering or render chemical engineering services, or pass himself off or advertise himself as a chemical engineer without a valid certificate or registration or when such has been suspended or revoked; b. Attempt to use as his own certificate or seal of another person or impersonate any registered chemical engineer; or c. Furnish the Board or Commission any false information or document in order to secure a Certificate of Registration. Article V General Provisions Penal Clause. – Any person who shall violate any of the provisions of this Act shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine of not less than Ten thousand pesos (P10,000.00) nor more than One million pesos (P1,000,000.00) or imprisonment for a period of not less than six (6) months nor more than five (5) years or both at the discretion of the court. Enforcement Assistance to the Board. – The Board shall be assisted by the Commission in carrying out the provisions of this Act and its implementing rules and regulations and other policies. The lawyers of the Commission shall act as prosecutors against illegal practitioners and other violators of this Act and its rules. The duly constituted authorities of the government shall likewise assist the Board and the Commission in enforcing the provisions of this Act and its rules. Implementing Rules and Regulations. – Subject to the approval of the Commission, the Board shall adopt and promulgate such rules and regulations including the Code of Ethics and Code of Technical Standards for Chemical Engineers to carry out the provisions of this Act, which shall be effective after thirty (30) days following their publication in the Official Gazette or in a major newspaper of general circulation. Separability Clause. – If any section of this Act shall be declared unconstitutional or invalid, such shall not invalidate any other section of this Act. Repealing Clause. – Republic Act No. 318 is hereby repealed and all other laws, decrees, orders, rules and regulations, ordinances, and other issuances or parts thereof which are inconsistent with this Act are hereby superceded, repealed or amended accordingly Republic Act No. 8293 Intellectual Property Code of the Philippines - Law that provides protection for intellectual property - Approved by President Fidel V. Ramos on June 6, 1997 and took effect on January 1, 1998 Republic Act No. 8293 Intellectual Properties includes the following: - Patent - Industrial Design - Trademark and Service Mark - Copyright and Related Rights - Geographical Indications - Layout Designs of Integrated Circuits - Undisclosed Information - Utility Models - Plant Varieties Patent Refers to the title granted to protect an invention, defined as any technical solution of a problem in any field of human activity which is new, involves inventive step and is industrially applicable It also refers to a product or process or an improvement of any of the foregoing First-to-File Rule If two or more persons have made an invention separately, the patent belongs to the applicant who has the earliest filing date or the earliest priority date Industrial Design Refers to any composition of lines or colors or any three-dimensional form, whether or not associated with lines and colors; provided that such composition or form gives a special appearance and can serve as a pattern for an industrial product or handicraft Trademarks and Service Marks Refers to a system providing protection for mark, collective mark and tradename - Mark refers to any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container goods. Collective Mark refers to any visible sign designated as such in application for registration capable of distinguishing the origin or any other common characteristics, including the quality of goods or services of different enterprises Tradename means the name or designation identifying or distinguishing an enterprises Copyright and Related Rights Refers to the protection extended to expressions and not to ideas, procedures, methods or operation of mathematical concepts These expression may be in the form of literary, scholarly, scientific and artistic works Related rights refer to the protection extended to derivative works such as dramatizations, translation, adaptations, abridgements and other alterations or literary or artistic works Geographical Indications Indications that identify a good as originating in the territory of a country or a region or locality in the territory where a given quality, reputation, or other characteristic of the good essentially attributable to its geographical origin Geographical Indications Indications that identify a good as originating in the territory of a country or a region or locality in the territory where a given quality, reputation, or other characteristic of the good essentially attributable to its geographical origin Layout Design of Integrated Circuits Means three dimensional disposition of the element, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit Undisclosed Information Natural and legal persons may prevent information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: o Is secret o Has commercial value Plant Varieties Plant varieties that are new, distinct and stable are qualified for protection Included among the intellectual property under Republic Act 9168 which took effect on July 20, 2002 The Intellectual Property Office Formerly the IPO is under the Department of Trade and Industry as provided in RA 8293; now it is under the Office of the President as per Executive Order No. 39 issued on October 2001 Other Agencies involved in the registration of certain Intellectual Property Rights National Library and Supreme Court Library National Plant Variety Protection Board TERMS ON PROTECTION Patent The term of protection is 20 years from the filing date of the application Utility Model The term of protection is 7 years from the filing date of the application. Industrial Design The term of protection is 5 years from the filing date of the application and may be renewed for not more than two consecutive periods of five years each from the filing of the application. TERMS ON PROTECTION Trademark The term of protection is 10 years from the filing date of the application, provided that a declaration of actual use is filed within three years from the filing date and within one year after the 5th anniversary. Layout Designs The term of protection is 10 years from the filing date of the application Copyrights The term of protection is generally the lifetime of the author and 50 years thereafter. MARK any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods (Sec. 21.1) COLLECTIVE MARK any visible sign capable of distinguishing the origin, common characteristic, quality of goods or services of different enterprises under the control of the registered owner (Sec. 121.2) GEOGRAPHICAL INDICATIONS identify a good as originating in territory, region or locality, where given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. GEOGRAPHICAL INDICATIONS DAVAO POMELO YAKAN TEXTILE KALINGA COFFEE DAGUPAN BANGUS Marks of Ownership TRADEMARK TRADE NAME Jollibee Foods Corp. SERVICE MARK COLLECTIVE MARK Other Examples PROVINCIAL GOVERNMENT OF PAMPANGA PROVINCIAL GOVERNMENT OF ZAMBALES PROVINCIAL GOVERNMENT OF BATAAN Functions of Trademarks Indicators of origin Functions of Trademarks Indicators of quality Functions of Trademarks Advertising function Sarap to the bones Langhap sarap Importance of Trademark Registration 3 Gs to Owner/Registrant Grants exclusivity Gains recognition and reputation Generates goodwill The Value of Trademark TM as VALUABLE BUSINESS ASSET - TM as marketing tool - Goodwill has monetary value - TM licensing - TM as collateral - TM assignment for value Registrability of Marks (Sec. 123) immoral, deceptive, scandalous, disparage… WHITE HOUSE for alcoholic beverages BUDDHA for guns & ammunitions flags, coat of arms and other emblems Registrability of Mrks (Sec. 123) names, portraits or signatures Registrability of Marks (Sec. 123) misleading marks BOLPEN for Pencils Alcoholic beverages not originating in Mindoro Registrability of Marks (Sec. 123) generic indications customary or usual in trade “VCO” for virgin coconut oil Registrability of Marks (Sec. 123) Descriptive indications Descriptive as to origin LATUNDAN GENSAN for bananas for tuna Registrability of Marks (Sec. 123) color marks marks against public order or morality MARY JANE for cigarettes PRO-TERRORISM for clothing Registrability of Marks Three-Dimensional Marks Perfume Brandy Registrability of Marks THREE-DIMENSIONAL MARK (CALLED OYSTER PROFESSIONAL) Registrability of Marks (Sec. 123) identical/confusingly similar marks “BIG MAC” vs. “BIG MAK” 437 SCRA 10 “MASTER ROAST”, “MASTER BLEND” vs. “FLAVOR MASTER” 356 SCRA 207 Registrability of Marks TM Application Filing Requirements Application Form Name & Address of Applicant List of Goods/Services Reproduction of the Mark Filing Fees Filing Fee Per Class Basis Adopts the Nice Classification P1090.80 per class (Small entity) P252.50 per class (color claim) The TM Application Form The TM Application Form The TM Application Form The TM Application Form Wordmark (“Jollibee”) Figurative mark (“Bee device”) Composite mark (“Jollibee and Bee device”) The TM Application Form Mark Jollibee & Bee Device Description The mark consists of the word “Jollibee” and a representation of a smiling bee wearing a chef’s hat all inside a red square. The TM Application Form The TM Application Form Mark Translation The first Chinese character means “First”; the second means “power” and the third means “no or none”. They are transliterated as E-LI-FEI Disclaimer Applicant disclaimed the exclusive right to use the word “coffee” The TM Application Form Goods - must be specific e.g. “Beverages”, particularly, fruit and vegetable juices, coffee and chocolate beverages Classes - Nice Classification The TM Application Form The Registration Process Filing of an application requirements according of filing or priority date Search and Examination Actions and responses A Allowance for publication The Registration Process Publication A Issuance of Certificate of Registration No Is there an opposition? Yes Opposition Decision Publication Issuance of Certificate of Registration Yes Publication Favorable to Applicant? No Motion for Reconsideration or Appeal to DG Duration of Trademarks Ten (10) years from registration renewable Every ten (10) years Declaration of Actual Use The applicant or the registrant shall file a DAU of the mark with evidence to that effect within three (3) years from the filing date of the application. Otherwise, refused or removed from the register 5th Anniversary Use The registrant shall file a DAU of the mark with evidence to that effect within one (1) year from the fifth anniversary of the registration. Otherwise, removed from the register IPPhil Vision IP PHILIPPINES: Fostering a creative and competitive Philippines that values, nurtures and uses intellectual property for national development.
