1 / 8

Intellectual Property Code of the Philippines | Brealant

The Intellectual Property Office of the Philippines (IPOPHL) is a government agency under the Department of Trade and Industry tasked with intellectual property (IP) registration, conflict resolution, intellectual property rights administration, and the implementation of State IP policies in order to strengthen IP rights protection in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a Registry of Patents and Trademarks that date back to the Spanish and American colonial times and are well-known across Southeast Asia.

Aliciaowens
Download Presentation

Intellectual Property Code of the Philippines | Brealant

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Intellectual Property Code of the Philippines –AnOverview • INTRODUCTION • The Intellectual Property Office of the Philippines (IPOPHL) is a government agency under the Department of Trade and Industry tasked with intellectual property (IP) registration, conflict resolution, intellectual property rights administration, and the implementation of State IP policies in order to strengthen IP rights protection in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a Registry of Patents and Trademarks that date back to the Spanish and American colonial times and are well-known across Southeast Asia. It was formed by Republic Act No. 8293, also known as the Philippine Intellectual Property Code, which took effect on January 1, 1998, under President Fidel V. Ramos' administration. The IPOPHL is unusual in that it operates within the President's Office and has a level of effect and influence that few other countries can match. • MANDATE&FUNCTION • The mandate of IPOPHL is known as the DREAM mandate since it is abbreviated as DREAM. The following are the objectives of IPOPHL mandates: • DEVELOPMENT-ORIENTED: Encourage people to use patent data as a tool for technical advancement. • REGULATORY • Examine patent applications and issue patents, or register utility models, industrial designs, trademarks, geographical indications, and integrated circuits; • help in the deposit of work with the National Library; and • Register technology transfer agreements. • ENFORCEMENT • Execute enforcement tasks with the assistance of pertinent authorities such as the PNP, NBI, Customs, OMB, LGUs, and others. • Based on the report, information, or complaint received by the Office, conduct visits during reasonable hours to establishments and enterprises engaged in activities breaching IPRs and requirements of the IP Code.

  2. ADJUDICATORY • Hear and decide cases relating to: • Violations of IP Rights • Cancellations and oppositions to registration • Compulsory licensing • Settle disputes involving technology transfer payments. • POLICY-MAKING • Work with appropriate government agencies and the commercial sector to develop and implement plans and policies to improve the country's intellectual property protection; • Develop and implement strategies to encourage and facilitate technology transfer. • VISIONANDMISSION • By 2030, a progressive Philippines would have used intellectual property assets to promote inclusive economic and social development, with a mission to create an inclusive IP system that meets Filipino needs. • THEHISTORY • IPOPHL was established by President Corazon C. Aquino's executive order to restructure the Department of Trade and Industry. It was originally known as the Bureau of Patents, Trademarks, and Technology Transfer (BPTTT). The Technology Transfer Board was dismantled between 1980 and 1997, and its functions were subsumed into the BPTT. The IP Code of the Philippines, Republic Act 8293, was signed into law on June 6, 1997; however it did not take effect until January 1998. The BPTT was abolished, and the BPTT activities were transferred to IPOPHL. Between 2005 and 2009, the office function and IP management under Atty. Adrian S. Cristobal Jr, the second Director-General IPOPHL, took a distinct turn, resulting in the following: • The development of a policy/international relations section that became the country's mission in Geneva and in DTI's bilateral and multilateral trade talks for drafting policy papers and comments on draught laws relating IP rights resulted in a stronger IP policy creation.

  3. The IPOPHL's enforcement mission was strengthened in 2008 with the formation of an inter-agency IP task force, which aggressively engaged the government's law enforcement sector in the pursuit of counterfeiters and pirated products dealers. • Under the umbrella initiative of the DOST's "Filipinnovation," the country's innovation plan, a National Intellectual Property Strategy (NIPS) was developed. • The Intellectual Property Fields Operations Unit was established to establish Intellectual Property Satellite Offices (IPSOs) to address the requirements of entrepreneurs, inventors, and IP producers. • The IPOPHL observed the following under the tenure of Director General Atty. Ricardo Blancaflor (2010-2014): • The Industrial Property Automation System (IPAS), which was developed in collaboration with the World Intellectual Property Organization, automates the end-to- end processing of IP applications from filing to registration (publications, certificate printing, and post-registration/post-granting) (WIPO). • The Innovation and Technology Support Offices (ITSOs) were established to disseminate its patent drafting and search expertise and technical knowledge. • IPOPHL and the Greenhills Shopping Center began discussing a development-oriented strategy for reducing the sale of counterfeit and pirated items. • IPOPHL was able to receive P10 million assistance money from the Office of the President to help the National Committee on Intellectual Property Rights (NCIPR) meet its operating needs. As a result, the country's largest collection of counterfeit and pirated items, valued at P 13 billion, was seized. The removal of the Philippines off the US Trade Representative's Special 301 Priority Watch List is considered as the NCIPR's most important initiative. • IPOPHL has been focusing on modernization since 2015, resulting in: • In 2016, other online filing platforms, such as eTMFile, eLDFile, and the eUMFI, were launched. • IPOPHL improved TM classification by joining 62 other countries in using TMClass, which can translate terms into 42 different languages; and IPOPHL became the second ASEAN country to be designated as a World Intellectual Property Organization (WIPO) designated State for the filing of international applications.

  4. The Intellectual Property Office of the Philippines (IPOPHLonline)'s database, which is used to track submitted trademark applications, is continually updated. • IPOPHL is built on five core values; • JUSTNESS: It upholds and promotes justice, fairness, and equality in the delivery of services and functions, taking into account individual characteristics such as gender, religion, social, and political affiliation, to guarantee that no one is denied their legal rights. • HARMONY AND TEAMWORK: IPOPHL fosters a culture of respect and acknowledgment by providing a forum and method for team members to post camaraderie in order to boost productivity and morale. • ACCOUNTABILITY: IPOPHL accepts the consequences/results of one's actions and decisions with great responsibility and trust, led by government laws and guidelines on the use of government resources. • INTEGRITY: IPOPHL acts with moral bravery, honesty, and decency in the fulfillment of its responsibilities, avoids conflicts of interest, follows the professional code of ethics, practices openness and transparency, and serves as a role model for integrity both inside and without IPOPHL. • EXCELLENCE: IPOPHL fosters a culture of excellence throughout the company. Domesticate a quality management system (QMS) to ensure that work procedures are continually improved in order to provide high-quality service and achieve high customer satisfaction. We seek out and participate in events that give opportunities for continual career and self-development, as well as a benchmark from worldwide best practices and new methods to achieve global standards in all areas of IP services. • The Philippines has built an international standards-compliant IP legal framework through IPOPHL and has ratified international agreements, conventions, and protocols, including: • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (since 25 July 2012); • Patent Cooperation Treaty (PCT) (since 17 August 2001); • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (since 1 January 1995);

  5. Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (since 25 September 1984); Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Purposes of Patent Procedure (since 21 October 1981); Convention Establishing the World Intellectual Property Organization (the WIPO Convention) (since 14 July 1980); Paris Convention for the Protection of Industrial Property (since 27 September 1965) Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities’ (since 18 March 2019) and; Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) (since 1 August 1951). • OVERVIEWOFTHEIPOPHLIPSYSTEM • IPOPHL IP functions can be broken into three components: • Registration and protection system: IPOPHL's trademark, design, and patent registration framework, as well as associated utilities, are all managed through this system. • The commercialization of IP: These are the numerous IP contractual arrangements, such as licensing and assignments. • Enforcement: criminal and civil courts and administrative routes. The IPOPHL's IP Enforcement Office (IEO) is in charge of the administrative procedure. After filing a complaint with the IEO, right holders and their associates can work with the IEO to determine the best course of action for enforcing their IP rights. The IPOPHL's Bureau of Legal Affairs (BLA) may help you with administrative remedies. The BLA has jurisdiction over administrative complaints alleging infringement of intellectual property rights with total damages of at least two hundred thousand pesos (Php 200,000). It also has the authority to imprison and punish anyone who disobeys orders or writs issued throughout the course of the proceedings for contempt.

  6. Through the application of these principles, the IPOPHL Intellectual Property Rights Enforcement Office (IEO) can also accept accusations including blatant counterfeiting and piracy: The IP Code – sets out the remedies available to the complainant; Rules and Regulations on Administrative Complaints for Violation of Law Involving IPRights(IPV Rules), as amended; The Rules of Procedure for IPR Cases, which apply in supplementary character to the IPV Rules; and The Rules of Court, which also apply in supplementary character to the IPV Rules. For cases filed with the IEO, the Rules and Regulations on Enforcement of IPOPHL apply. • THEPRESENT • IPOPHL's mandate includes collaborating with other government agencies such as the Department of Trade and Industry (DTI) and the Department of Science and Technology (DOST) to raise IP awareness among entrepreneurs, micro, small and medium enterprises (MSMEs), associations, startups, creators, and inventors, with the goal of increasing IP's role in the nation's economic growth and wealth for right holders. They devised several IP training systems to suit their requirements; • IP Academy the Intellectual Property (IP) Academy: This academy serves as a national resource for acquiring IP information, publishing it, and conducting research and development. • WinIP: The pilot group of Women in IP was admitted in June 2016. The women were selected from among the members of the National Committee on Intellectual Property Rights (NCIPR) agency, with the goal of expanding the scope to include women from other government agencies, universities, research institutions, non-governmental organizations, and the private sector. • Young IP Advocate (YIPA): This training programme, which began in 2013, is aimed at secondary school students in the Philippines. Students from 77 schools in Cagayan de Oro, Cebu, Baguio, Metro Manila, Davao, and Iloilo are among its members, with IP clubs founded in several of these schools focusing on IP initiatives.

  7. Learn, be Empowered, Adopt, and Profit from IP Virtually (iLEAP IP): This is a free weekly introduction webinar series on trademarks, copyright, patents, utility models, and industrial designs on an e-learning platform. It is aimed at the general public and includes resources from the DITTB and BCRR. • Trade fair: Since 2006, IPOPHL has participated in trade shows and displays aimed at SMEs. It offers IP advice through information officers stationed at the IPOPHL booth during the event. • IP Awards: The GAWAD YAMANG ISIP IP Award is the Philippines' most prestigious Intellectual Property award, and it seeks to encourage the innovative use of the IP system in support of the country's creative economy, as well as act as an IPOPHL promotional tool for IP awareness, goodwill, and brand retention. • Innovative works • As a service-oriented organization, IPOPHL developed the Communications and Marketing Office (CMO) to expand its online presence and adapt to new means of connecting with the public. This unit is responsible for developing and implementing social media awareness initiatives that promote IPOPHL's online presence; Facebook, Twitter, LinkedIn, and Instagram @IPOPHL and a Website: www.ipophil.gov.ph. • In December 2019, the IPOPHL released the National IP Strategy (NIPS), which describes the IPOPHL's aims and initiatives as an agency leading IP rights protection and encouraging Philippine innovation and creativity. The two innovation legislation was signed into law in April 2019, prompting the NIPS release. • In November 2019, IPOPHL published opinions on a proposed modification to the IP Code, which was last amended in 2013. The following modifications were suggested: • Among other things, there is a provision for landlord responsibility and contributory culpability in the event of trademark infringement. • The National Council on Intellectual Property Rights was established by a legislative proclamation rather than an executive decree, and the Sub-Committee on Enforcement Intellectual Property Rights in the Digital Environment was created to meet the demand for digital IP enforcement. • Improvements to the Customs IP border protection system, including proof of seizures of imported, counterfeited branded items registered with Customs are noteworthy steps toward a state free of counterfeited goods.

  8. Unfortunately, this was short-lived, as the United States Trade Representative (USTR) Special 301 Report 2020 noted the Organization for Economic Co-operation and Development (OECD) conclusions that the Philippines is one of the world's main sources of counterfeit pharmaceuticals. The Philippines was also named as a likely supplier of fake medications, footwear, leather products, and bags in a similar article with the European Union Intellectual Property Office. G. CONCLUSION It's no surprise that the IPOPHL's creative actions have won it a WIPO designation as a designated state for the filing of international trademarks. As a result, an IP Registry that takes steps to develop IP in accordance with international best practices and in accordance with the World Intellectual Property Organization's (WIPO) objectives and mandates will improve its performance index, international participation, and chances of becoming a WIPO designated state or attracting other WIPO partnerships and funding. By working under the Office of the President, the IPOPHL preserves an unusual appellation, surrendering impact and power not seen in most other countries. This should be copied throughout the world in order to develop a robust global IP system. The duties of IP state agencies should likewise have a broad scope that includes registration, protection, enforcement, commercialization, and policy formation, among other things. A concerted government effort to support the objectives and goals of IP state offices in addressing the sector's increasing issues. Countries should form a special committee, chaired by the president, to support IP development and administration. The IPOPHL is unquestionably state-of-the-art, and it has earned respect for its nomenclature, structure, and functionality.

More Related