pdf - Intellectual Property Office

Transcription

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The Director General’s Message
Executive Summary
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Who we Are
IP Registration Services
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IP Adjudication, Dispute Resolution, and
Enforcement
Innovation and Technology Support
Copyright Support Service
IP Education and Public Awareness
IP Policy and Legislative Agenda and International
Relations
Developing IPOPHL People
Investing in Technology and Facilities
The Role of IPOPHL in Fostering Innovation and Creativity
The year 2012 has been a banner year for the Intellectual Property Office of the Philippines
(IPOPHL).
We have made significant inroads as catalyst for creativity and innovation. We have improved IP
protection and enforcement. We have continued to realize our strategic goals as we move forward
to achieving a demystified, democratized, and development-oriented IP system by 2020 (3D IP by
2020). Groundbreaking projects were successfully concluded, and for these, we can proudly say
that 2012 is one of our best years.
One of our greatest milestones is the Philippines’ membership to the Madrid Protocol, with the
signing by President Benigno S. Aquino III of the instrument of accession on 27 March 2012. The
Madrid Protocol is an essential tool that will open the doors for Filipino entrepreneurs seeking to
expand into international markets.
Another major accomplishment is the full deployment of the Industrial Property Automation System
(IPAS). For the first time in the history of the IPOPHL, we are using a fully automated system to
process utility model, industrial design, patent, and trademark applications from end-to-end. IPAS,
coupled with more internal reforms, is expected to result in a more efficient IPOPHL that will be
able to better deliver timely and quality IP registration services. With the IPOPHL being the first IP
Office in Asia to use the latest version of IPAS, the Philippines is now at par with the rest of the
modern economies that are currently using state of the art technology in the registration of patents
and trademarks.
We continue to ensure that we are able to provide speedy and effective legal remedies. The
turnaround time for the adjudication of IP cases has decreased significantly--decisions on IP
violation cases are issued in less than a year and 1.3 years for Inter partes cases. Our Alternative
Dispute Resolution (ADR) is now in place and is expected to be the forum of choice for the
resolution of IP dispute. We are the only IP Office in Asia with two ADR mechanisms, Mediation
and Arbitration.
At the close of 2012, we have supported the establishment of sixty-four Innovation and Technology
Support Offices (ITSOs) in universities, research and development institutions, and other
organizations all over the country. The IPOPHL continuously provides technical assistance so that
the ITSOs can become effective patent service providers that can provide reliable patent searches,
draft patent claims, and provide advice and over-all IP management in their respective
communities.
The goal to institutionalize copyright services in the IPOPHL will soon be realized with the submission for the President’s
signature the bill amending the Intellectual Property Code. The passage of the bill into law will provide the IPOPHL with
the means to better serve the needs of the copyright-based industries and stakeholders through the Bureau of Copyright.
Special fair use exemption for the non-commercial reproduction of works for use by visually impaired persons is also
provided in the bill. The IPOPHL will also be granted visitorial powers that will allow it to perform a more significant
role in enforcement with the support of agencies such as the Philippine National Police (PNP), National Bureau of
Investigation (NBI), Bureau of Customs (BOC), Optical Media Board (OMB) and Local Government Units (LGUs).
As part of the IPOPHL’s efforts at a more development-oriented IP system, a project on Geographical Indications (Gis) has
been initiated. Eight pilot products have been included in the project--Aklan Piña Cloth, Batangas Barako Coffee, Bicol
Pili Nut, Bonoan Bangus (Milkfish), Cebu Dried Mangoes, Guimaras Fresh Mangoes, Lake Sebu T’nalak, and Lumban
Barong. In addition to GIs, the protection of traditional knowledge (TK) within the IP system is currently being studied.
The IPOPHL prepared for ISO accreditation, and has recently been considered certifiable to ISO 9001:2008.
For the first time, the highest-ranking officer of the World Intellectual Property organization (WIPO), Director General
Francis Gurry, visited the country. To highlight the importance of IP in the country, President Noynoy Aquino received
Dr. Gurry in Malacanan Palace. Two other high-ranking WIPO officers visited the country—Assistant Director General
Yo Takagi and Deputy Director General Geoffrey Onyeama.
On the enforcement area, the Philippines was delisted from the Notorious Markets determined by the Office of the
United States Trade Representatives (USTR) in the Out-of-Cycle Review of Notorious Markets dated December 13, 2012.
The Philippines has been on the list in the last six (6) years.
Also in 2012, yours truly was voted as one of the most influential people in the world of intellectual property in the
July/August 2012 issue of Managing Intellectual Property magazine. The magazine is the leading resource for IP news and
analysis in the world published by Euromoney Institutional Investor PLC. The Managing IP’s Top 50 most influential
people issue picks out individuals shaping the IP industry worldwide.
Indeed, we have accomplished quite a lot and we are proud of what 2012 has given us. But while 2012 has ended,
another year beckons. 2013 will be more challenging as we try to equal, if not surpass the milestones of 2012.
To the men and women of the IPOPHL, I am truly proud of your hard work, perseverance, and commitment in
continuing to work towards the development of the IP system. May we remain steadfast in pursuing our goal of a 3D IP
by 2020!
“Just as energy is the basis of life itself, and ideas the source of innovation, so is
innovation the vital spark of all human change, improvement and progress”
Theodore Levitt
Noted American Economist and
Professor at the Harvard Business School
The Philippines is the 85th member
country to accede to the Protocol,
and since its entry into force,
twenty-two (22) applications have
been received by IPOPHL, which
are equivalent to 131 foreign
applications worldwide
The Senate and House of
Representatives ratified the
bicameral committee report on
the bill amending the
Intellectual Property Code of
the Philippines on December 11,
and November 26, 2012,
respectively. The bills seek to
create a Copyright Bureau in
IPOPHL, among others.
The year 2012 saw the Intellectual Property Office of the Philippines
(IPOPHL) at the forefront of innovation and creativity. Picking up where it
left off last year, the IPOPHL embarked on many initiatives in practically all
fronts, be it internal or external, local or international.
The IPOPHL continuously strives to reinvent itself in order to address the
needs of its stakeholders and be at par with other IP offices in the world. It
modernized its IP Registration Services through the full deployment of the
Industrial Property Administration System (IPAS), an automated system
developed by the World Intellectual Property Organization (WIPO). The
adoption of IPAS is one of IPOPHL’s initiatives to ensure that quality and
timely service is consistently provided. The Philippines is the first IP Office
in Asia to use the latest version of IPAS.
The IPOPHL continues to move forward in IP Adjudication and Dispute
Resolution by establishing itself as the forum of choice for IP rights holders,
as it continues to provide speedy and effective legal remedies. Total case
disposals in 2012 surpassed that of 2011 by 91%. The average turnaround
time from filing to disposal also continued to decrease to a little more than a
year for Inter Partes Cases (IPC) and less than a year for IP Violation Cases
(IPV). IPOPHL now boasts of being the only IP Office in Asia with two (2)
Alternative Dispute Resolution Mechanisms – Mediation and Arbitration. Its
ADR Services has reached a settlement rate of 50%, one of the highest in the
world. Another historic event is the accreditation of IPOPHL’s Ms. Vilmi
Quipit by the WIPO as a WIPO neutral and was included in the list of WIPO
mediators. Ms. Quipit is the first mediator in the IPOPHL to receive such
accreditation.
In support of Innovation and Technology, the IPOPHL established Innovation and Technology Satellite Offices (ITSOs),
which has increased the access of Filipinos to patent information. The ITSO franchise consists of partnerships with
institutions and universities in order to establish patent libraries located all over the country, which offers search
facilities for information on inventions registered in the Philippines. Aside from search facilities, the ITSOs provide
technical assistance on patenting and commercializing inventions. Through this project, the IPOPHL promotes the more
extensive use of the patent system thereby pushing for innovation. To date, 64 institutions and universities have joined
the ITSO franchise comprised of more than 170 professionals in the fields of engineering, natural science,
biotechnology, veterinary medicine, agriculture, information technology, social science, law, business, and statistics.
The establishment of the ITSOs is one of the programs under the IPOPHL’s cooperative agreement with the WIPO in
2010. The ITSOs were formally launched during the High Level Forum on Access to Global Technology for Innovation
held at the Manila Peninsula on March 22-23, 2012. No less than the Director General of the World Intellectual
Property Organization (WIPO), Dr. Francis Gurry, a high profile expert and authority in the international IP system,
visited the Philippines for the first time to share his vision on the role of intellectual property in access to technology.
The forum was aimed to start a series of conversations to intensify academe-industry collaborations and explore
practical strategies in fostering innovation through access to technological information.
Dr. Gurry also graced the Forum on Intellectual Property and Traditional Knowledge held on March 21-22, 2012
organized by the IPOPHL, WIPO, National Commission on Indigenous Peoples (NCIP), National Commission on
Culture and the Arts (NCCA), and the National Museum. The forum was designed to give the community leaders,
tradition-bearers and policy-makers a chance to learn about the challenges and successes encountered in protecting the
intellectual property of indigenous peoples in the Philippines. It was also a chance to learn about the experiences of
other countries through WIPO and other IP Offices.
“Vivamus porta
est sed est.”
Dr. Gurry was received by President Benigno S. Aquino III in Malacañan Palace.
They discussed, among others, the
country’s accession to the Madrid Protocol and the role of intellectual property in innovation. In addition to the
courtesy call on the President, Dr. Gurry also met with Vice President Jejomar Binay, as well as Department of Trade
and Industry Secretary Gregory Domingo. During the reception and the fora, Dr. Gurry also met other government
officials, business leaders, members of the academic community, and the diplomatic corp.
IPOPHL achieved a milestone in institutionalizing Copyright Services as the bicameral committee reports on the bill
amending the Intellectual Property Code of the Philippines have been ratified by the House of Representatives on
November 26, 2012 and by the Senate of the Philippines on December 11, 2012. The bill seeks to create a Bureau of
Copyright in the IPOPHL, which will be responsible for regulating collective management entities and agents on behalf
of artists and provide enforcement powers to IPOPHL, among others.
Courtesy call of World Intellectual Property Organization Director
General Francis Gurry to President Benigno ‘Noynoy’ Aquino III.
Seating beside Dr. Gurry are Director General Ricardo R. Blancaflor
and Deputy Director General Allan Gepty. On the President’s left are
Trade and Industry Secretary Gregory L. Domingo, Ambassador
Evan Garcia, and Deputy Director General Andrew Michael Ong.
(Photo Courtesy of Malacañang Press Corps)
Courtesy call of World Intellectual Property Organization Director
General Francis Gurry to Vice President Jejomar Binay to
discuss projects and initiatives on IP in the Philippines. With
Director General Gurry are Director General Ricardo Blancaflor,
Mr. Ranjana Abeysekera (WIPO), Ms. Rowena Paguio (WIPO),
Ambassador Evan Garcia, Deputy Director General Andrew
Michael Ong, and Deputy Director General Allan Gepty
Increasing IP Awareness and Utilization in the country, the IPOPHL
embarked on yet a new initiative by exploring the role of the IP system in
the protection of geographical indications. Geographical Indication (GI) is
defined by the TRIPS Agreement as the sign used on goods that have a
specific geographical origin and possesses qualities, reputation, or
characteristics that are essentially attributable to that origin. As its new
program, IPOPHL started searching and profiling potential GIs, such as:
Aklan Piña Cloth; Batangas Barako Coffee; Bicol Pili Nut; Bonoan Bangus
(Milkfish); Cebu Dried Mangoes; Guimaras Fresh Mangoes; Lake Sebu
T’nalak; and Lumban Barong. Having laid down the groundwork for the
eight (8) pilot projects of potential GIs, the IPOPHL launched the “Road
Map on the Protection of Philippine Geographical Indications (GI) 20122016” at the forum, entitled “Branding Products on the Basis of their
Geographical Origin: Developing a GI Scheme” held on February 28-29,
2012 at the Asian Institute of Management Conference Center.
The Tripartite Technical Working Group composed of the IPOPHL, NCIP and NCCA for the protection of the intellectual
property of indigenous peoples (IP of IPs) is looking into the possibility of creating a Philippine Registry of Cultural
Property to be maintained by the NCCA under the National Cultural Heritage Act of 2009 and a Registry of Indigenous
Knowledge Systems and Practices in accordance with NCIP Research and Documentation Guidelines. The group is also
coordinating with the Department of Foreign Affairs (DFA) on the Philippines’ position on the ongoing WIPO discussion
on the possible international instrument on the protection of traditional knowledge, which the IPOPHL fully supports.
The IPOPHL is also continuing its studies of the current IP system on how to effectively address the protection of
traditional knowledge, i.e. its function of accepting deposits of copyrighted works that may infringe on traditional
knowledge of the indigenous peoples.
The IPOPHL further increased the profile of IP in the country as it played host to the official visit of three (3) high-ranking
officials of the WIPO in 2012. As previously mentioned, IPOPHL welcomed Dr. Francis Gurry, Director General of the
WIPO in March 2012. In November, IPOPHL hosted the visit of Mr. Yo Takagi, Assistant Director General of the WIPO
where he delivered presentations at the National Seminar on International Trade Issues and Intellectual Property Rights.
And in December 2012, WIPO’s Deputy Director General Geoffrey Onyeama visited the Philippines and graced the
launching of the Industrial Property Administration System (IPAS).
Leading the advocacy for IP Policy and Legislative Agenda, another of IPOPHL’s achievements in 2012 is the
Philippines’ accession to the Madrid Protocol. The Madrid Protocol is an international filing system that facilitates the
registration of marks in several countries through a single application filed with the IPOPHL. It simplifies the protection
of marks outside the Philippines and reduces the cost of registration. The major trading partners of the Philippines—
Japan, United States of America, People’s Republic of China, Singapore, Republic of Korea, Germany—are all members
of the Madrid Protocol.
The instrument for accession to the Madrid Protocol was signed by the President of the Republic of the Philippines on
March 27, 2012 and was deposited thereafter to the WIPO on April 25, 2012. It entered into force in the country on July
25, 2012. The Philippines is the 85th member country to accede to the Protocol, and since its entry into force, twentytwo (22) applications have been received by IPOPHL, which are equivalent to 131 foreign applications worldwide. On
the other hand, 209 international registrations designating the Philippines have been received so far.
The Philippines is currently the ASEAN Country Champion for Madrid Accession by other Member States and is leading
the Madrid activities in the region. The Philippines has also been asked to participate in Madrid activities under the
auspices of the World Intellectual Property Organization’s (WIPO) Australia Funds-in-Trust Programme as an Assisting
Country to others in the region seeking to accede to the Madrid Protocol.
THE 1987 PHILIPPINE
CONSTITUTION
The State “shall protect and secure
the exclusive 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.”
IPOPHL was create d through Re public Act No. 8293,
othe rwise known as the Intellectual Property Code of
the Philippines (IP Code). The Code was signed into
law on June 6, 1997 and took effect on January 1,
1998.
Recognizing the importance of an effective intellectual property system, the IP Code in its Declaration of State
Policy, stated the following:
“Section 2. Declaration of State Policy. - The State recognizes that an effective intellectual and industrial
property system is vital to the development of domestic and creative activity, facilitates transfer of technology,
attracts foreign investments, and ensures market access for our products. It shall protect and secure the
exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such periods as provided in this Act.
The use of intellectual property bears a social
function. To this end, the State shall promote the
diffusion of knowledge and information for the
promotion of national development and progress and
the common good. It is also the policy of the State to
streamline administrative procedures of registering
patents, trademarks, and copyright, to liberalize the
registration on the transfer of technology, and to
enhance the enforcement of intellectual property
rights in the Philippines.”
To implement the above State policies, the IPOPHL:
Examines applications for grant of letters of patent
for inventions and register utility models and
industrial design.
Examines applications for the registration of
marks (including internet domain names as
marks), geographical indications, and integrated
circuits.
Registers technology transfer arrangements,
settles disputes involving technology transfer
payments, and develops and implements
strategies to promote and facilitate technology
transfer.
Promotes the use of patent information as a tool
for technology development.
Publishes regularly the patents, marks, utility
models, and industrial designs issued and
approved,
and
the
technology
transfer
arrangements registered.
Coordinates with other government agencies and
the private sector to strengthen the protection and
enforcement of intellectual property rights in the
country.
Administratively adjudicates cases affecting
intellectual property rights:
o Complaints for violation of laws
involving Intellectual property rights
o Opposition to/cancellation of registration
marks
o Cancellation of patents, compulsory
licensing
IPOPHL is composed of six (6) bureaus under the IP
Code. Under the Office of the Deputy Director
General for Operations, Legal, Policy, and
International Relations are the Bureau of Patents,
Bureau of Trademarks, Bureau of Legal Affairs, and the
Documentation, Information, and Technology Transfer
Bureau. On the other hand, the service bureaus:
Management Information Service and the Financial
Management and Administrative Service are under the
Office of the Deputy Director General for
Management Support Services.
PATENT REGISTRATION
A patent is an exclusive right granted for an
invention, which is a product or a process
that provides, in general, a new way of doing
something, or offers a new technical solution
to a problem. In order to be patentable, the
invention must fulfill certain conditions.
(Definition from the World Intellectual
Property Organization: http://www.wipo.int)
A patent has a term of protection of twenty
(20) years. Patentable inventions offer a
technical solution to a problem in any field of
human activity.
However, theories,
mathematical methods, methods of treatment
and artistic creations are Non-Patentable
inventions.
TRADEMARK REGISTRATION
Trademarks are distinctive signs, used to
differentiate between identical or similar
goods and services offered by different
producers or services providers. Trademarks
are a type of industrial property, protected by
intellectual property rights. (Definition from
the World Intellectual Property Organization:
http://www.wipo.int)
A trademark can be one word, a group of
words, sign, symbol, logo, or a combination
of any of these. Generally, a trademark refers
to both trademark and service mark, although
a service mark is used to identify those marks
used for services only. It is protected for a
term of 10 years and may be renewed
thereafter.
UTILITY MODEL REGISTRATION
A utility model is an exclusive right granted
for an invention, which allows the right holder
to prevent others from commercially using the
protected invention, without his authorization,
for a limited period of time. In its basic
definition, which may vary from one country
(where such protection is available) to
another, a utility model is similar to a patent.
In fact, utility models are sometimes referred
to as "petty patents" or "innovation patents."
Utility models have a term of seven (7) years
from the date of filing and cannot be renewed
thereafter.
Aliquam
An industrial design is the ornamental or dolor.
aesthetic aspect of an article. The design may
INDUSTRIAL DESIGN REGISTRATION
consist of three-dimensional features, such as
the shape or surface of an article, or of twodimensional features, such as patterns, lines or
color.
Industrial designs are applied to a wide variety
of products of industry and handicraft: from
technical and medical instruments to watches,
jewelry, and other luxury items; from
housewares and electrical appliances to
vehicles and architectural structures; from
textile designs to leisure goods.
To be protected under most national laws, an
industrial design must be new and/or original.
Novelty or originality is determined with
respect to the existing design corpus. An
industrial design is primarily of an aesthetic
nature, and does not protect any technical
features of the article to which it is applied.
It has a term of five (5) years from the filing
date, renewable for two (2) consecutive
periods.
COPYRIGHT DEPOSIT
Copyright and related rights protect the rights
of authors, performers, producers and
broadcasters, and contribute to the cultural
and economic development of nations. This
protection fulfills a decisive role in articulating
the contributions and rights of different
stakeholders and the relation between them
and the public. The purpose of copyright and
related rights is twofold: to encourage a
dynamic creative culture, while returning
value to creators so that they can lead a
dignified economic existence, and to provide
widespread, affordable access to content for
the public. (Definition from the World
Intellectual
Property
Organization:
http://www.wipo.int)
The rights of the owner of the copyright shall
last during his lifetime and for fifty (50) years
after his death and shall not be assignable or
subject to license.
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A Director General, with a fixed term of five (5) years, heads the
Intellectual Property Office of the Philippines. Two (2) Deputies Director
General, both with 5-year term each, assist him. One is in charge of
overseeing the operations, legal, policy, and international relations
function of the office while the other Deputy Director General oversees
the management support services functions.
IPOPHL has four (4) product line bureaus and two (2) service bureaus,
namely: Bureau of Patents; Bureau of Trademarks; Bureau of Legal Affairs;
Documentation, Information & Technology Transfer Bureau; Management
Information Service; and Financial Management & Administrative Service.
A Director IV and Director III head each bureau.
Atty. Ricardo R. Blancaflor was appointed Director General of the Intellectual
Property Office of the Philippines (IPOPHL) on March 3, 2010.
He was Undersecretary to the Secretary of Justice for almost 3 years before he joined
IPOPHL. Prior to that, Atty. Blancaflor also served as Department Undersecretary of
the Department of National Defense and the Office of the President.
The Director General took up AB Economics and Bachelor of Laws from Ateneo de
Manila University.
Atty. Andrew Michael S. Ong was appointed Deputy Director General of the
Intellectual Property Office of the Philippines on May 11, 2009. He heads all
programs, projects, and activities on operations, legal, policy, and international
relations.
Deputy Director General Ong was a Senior Partner at Ong Bagay-Villamor and
Fabiosa Law Offices before joining IPOPHL. He was also Assistant VicePresident of Golden ABC, Inc. for 3 years.
Atty. Ong achieved his Law and Architecture degrees from the University of the
Philippines and University of San Carlos, respectively.
Atty. Allan B. Gepty was appointed Deputy Director General in the
Intellectual Property Office of the Philippines on February 1, 2010. He
heads all programs, projects, and activities on management support services.
Deputy Director General Gepty was a partner at Gepty and Jose Law Offices
and was a Senior Associate in Singson, Valdez, and Associates before joining
IPOPHL.
He earned his Law and Economics degrees from San Beda College and
University of Santo Tomas, respectively.
Engr. Epifanio Rey M. Evasco heads
the Bureau of Patents. He joined
IPOPHL on April 28, 1999. He was
a Patent Principal Examiner prior to
his appointment as Director IV.
“Doc Rey”, as his staff fondly calls
him, graduated from Adamson
University with a degree in Bachelor
of Science in Chemical Engineering.
He pursued his Master of Science in
Management Engineering and
Doctor of Philosophy in
Management from the same
university.
Atty. Lolibeth R. Medrano joined
IPOPHL as Director III of the Bureau
of Patents on March 31, 2010. Prior
to her appointment, she was
Undersecretary at the Office of the
President and Director IV of the
Environmental Management Bureau.
“Beth” earned her Law degree from
San Beda College and Public
Administration degree from the
University of the Philippines. She
pursued Masters in Politics and
Public Policy from Macquarie
University in Australia.
Atty. Leny B. Raz heads the Bureau
of Trademarks and was appointed
on March 4, 2002. She worked as
Chief Trade Industry Devt.
Specialist and Director III before
her appointment as Director IV.
“Leny” graduated from Manuel L.
Quezon University with a degree of
Bachelor of Law. Aside from being
a lawyer, she is also a Certified
Public Accountant having earned
her Accounting degree from the
Notre Dame of Marbel College –
University of San Agustin.
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Atty. Corazon DP. Marcial
joined IPOPHL on June 15,
2004 as Director III of the
Bureau of Trademarks.
Prior to joining IPOPHL,
“Corie” was the University
Legal Counsel of the
University of the
Philippines. She earned her
Bachelor of Arts in English
Language and Bachelor of
Law degrees from the
University of the Philippines
and took up Masters of Arts
in English Studies from the
same university.
Atty. Nathaniel S. Arevalo
heads the Bureau of Legal
Affairs since March 22, 2010.
Before being appointed
Director IV, he was the Chief
Legal Counsel (Attorney VI)
to the Director General since
2005. “Nat” graduated from
the Far Eastern University
with degrees in Bachelor of
Law and Bachelor of Arts in
Political Science.
Atty. Edwin Danilo A. Dating
is the Director III of the
Bureau of Legal Affairs. He
joined IPOPHL on November
13, 1995. “Edwin” was
formerly a Chief Trade
Industry Devt. Specialist in
DTI before he became
Director III of the BLA. He
earned his Bachelor of Law
degree from Ateneo de
Manila University and
Bachelor of Arts in Political
Science from the Far Eastern
University.
Ms. Lourdes F. Alabarca was
appointed Director III of the
Management Information Service
on June 1, 1999. “Lou” previously
held the position of Chief Trade
Industry Devt. Specialist in DTI.
She graduated with a degree in
Business Administration-Marketing
Management from the University
of the Philippines.
Director Carmen G. Peralta
heads the Documentation,
Information, and
Technology Transfer Bureau.
She was previously a Chief
Trade Industry Devt.
Specialist before she was
appointed Director IV in
April 28, 1999. “Beng”
graduated from the
Philippine College of
Commerce with a degree in
Accounting and later on
took up Masters of Science
in Information Studies from
Loughborough University in
London.
Mr. Frisco L. Guce was appointed
Director IV of the Financial
Management and Administrative
Service in March 22, 2010. He
was previously with Car Carrier
Group as an Operations Manager
and Manager at PSD-Icarda Syria
before joining IPOPHL. “Jojo”
graduated from Ateneo de Manila
University with a degree in
Economics. He took up his
Masters in Industrial Economics
from the University of Asia and the
Pacific.
Ms. Vina Liza Ruth C.
Cabrera joined IPOPHL on
March 30, 2010 as Director
IV of the Management
Information Service. She
was previously a Director III
in the Department of Trade
and Industry. “Lizi”
graduated from the
University of the Philippines
with a degree in Business
Administration and pursued
Masters in Applied Business
Economics from the Center
for Research and
Communication.
Mr. Eric T. Lanado joined IPOPHL
on March 3, 2004 as Director III of
the Financial Management and
Administrative Service. Prior to
IPOPHL, “Eric” was the Senior
Executive of Camella Homes. He
took up Management Engineering
from the Ateneo de Manila
University and joined the
Management Development
Program the Asian Institute of
Management.
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IPOPHL’s vision to make the Philippines an Intellectual Property-conscious country
by 2020 is supported by eight (8) strategic goals that focus on the following areas: IP
registration, IP adjudication, IP awareness and education, IP policy and legislative
agenda, innovation and technology support, and developing and providing for its
people. IPOPHL shall create and implement programs and projects on IP that are
geared towards economic, technological, and socio-cultural development.
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IPOPHL officials and employees commits to adhere to its core values. As government
officials, it shall strictly follow the norms set in Republic Act 6713 or the “Code of
Conduct and Ethical Standards for Public Officials and Employees” and its
Implementing Rules and Regulations. RA 6713 is premised on the policy of
government relating to employee conduct and discipline, which states:
“It is the policy of the State to promote a high standard of ethics in
public service. Public officials and employees shall at all times be
accountable to the people and shall discharge their duties with utmost
responsibility, integrity, competence, and loyalty, act with patriotism and
justice, lead modest lives, and uphold public interest over personal
interest.”
As IPOPHL personnel, we shall prove that we deserve the public’s trust. We are
answerable to our stakeholders and the people we serve, as we are mere guardians or
stewards of public office.
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“Innovation” and “creativity” pervade the design of the new IPOPHL logo. At the core of the logo is a
unique graphic element, which is actually a stylized rendition of “Una” written in our own old
Filipino writing system – the Baybayin. This appears in the center of the letter “O” in the acronym
“IPOPHL”, but “O” is inspired from the light bulb, the universal symbol for new ideas. This makes the
design a combination of Filipino culture and universal elements that could best represent the main
thrust of IPOPHL. Only Filipinos can rightfully claim to the use of Baybayin as part of the Filipinos’
heritage and culture, yet Filipino creations appeal to a world audience.
The Baybayin letter is part of the pre-Hispanic writing system used by Filipinos from the 16 th to the
19th century. The character used in the logo symbolizes “Una” meaning FIRST. “UNA” reflects a
cross-cutting principle in the intellectual property system because generally, “first in time results in
seniority of rights” whether in invention patents, utility model registration, industrial design
registration, trademark registration, or copyright and other related rights. “Una” also speaks
eloquently of the mantra of IPOPHL to be “first among equals” in government service and to trail
blaze new systems, structures, and organizations to realize its goals of a demystified, democratized,
and development-oriented IP system for the country.
The prism landscape of the bulb-like letter “O” not only provides depth and texture to the logo but it
symbolizes that intellectual property creations have various facets and usage. IP evolves from birth or
creation to protection to utilization or commercialization and to enforcement of rights; IP can be
many things to different people – to scientists, artists, lawyers, businessmen, or consumers of products
and services. IP transcends local and international, cultural or traditional to modern and futuristic.
Thus, the work of IPOPHL is dictated by these facets, and IPOPHL does it with the excitement and
transparency of the prism lights.
The preference for the color orange is inspired by the fact that it is a color generally associated with
inherent creativity and is also considered to exude warmth and energy.
I
P
O
P
H
L
L
O
G
O
Modernizing IP Administration
The IPOPHL is currently implementing the Industrial Property Administration
System (IPAS), an automated system owned by the World Intellectual Property
Organization (WIPO) and designed to streamline IP office processes in order
to fast-track services and turnaround times for applications. The system has
advanced search tools and is web-based, thus allowing users to track the
applications/registrations at all stages of processing. The IPAS Implementation
Project in the Philippines covers a two-year implementation period, excluding
project closure. The implementation, which was initiated in January 2011
includes three projects: Utility Models and Industrial Designs, Patents, and
Trademarks. Each project has the following sub-projects: data migration,
systems integration, workflow design, and training.
In preparation for IPAS deployment, the IPOPHL cleansed a total of 183,101
patent and trademark records. The clean up included data capture of records
using digitized files from the earlier WIPO-funded digitization project of
patent documents and trademark certificates. A total of 107,247 patent and
273,361 trademark records were migrated from the legacy systems into the
IPAS database.
The workflow design sub-project entailed the review and reengineering of the
three business processes--utility models and industrial designs, patents, and
trademarks. The existing business processes were documented and validated
with the three business areas.
The IPAS IT Group developed a new reception module for new utility models,
industrial designs, and inventions applications called iPatents. For trademarks,
another new system was developed, the iMarks. This handles new trademark
applications and Madrid applications filed with IPOPHL as office of origin.
The iPatents receiving module was modified to enable it to handle other
trademark documents received by IPOPHL. The IPAS IT Group also developed
a systems integration interface called the iRobot. The iRobot integrates
iPatents and iMarks into IPAS.
All three, IPAS for Utility Model and Industrial Design, IPAS
for Patents, and IPAS for Trademarks, went into production in
2012.
For the first time in the history of the IPOPHL, a fully
automated system will now be used to process utility model,
industrial design, patent, and trademark applications from
end-to-end. IPOPHL patent and trademark examiners are
now using an advanced IT system that ensures the integrity,
transparency, and accuracy of their work. IPAS is expected to
result in a more efficient IPOPHL that will be able to better
deliver timely and quality IP registration services.
The IPOPHL is the first IP Office in Asia to use the latest
version of IPAS for utility models and industrial designs,
patents, and trademarks. The approach in the implementation
of IPAS in the Philippines is considered as the best among the
projects so far implemented. With IPAS, the IPOPHL’s plan to
grant trademark in 5 weeks, design in 5 days, and utility
model in 2 weeks will become a reality.
The IPOPHL took advantage of assistance from WIPO and
received the highest level of technical expertise from the
organization. The IPAS Project took only two years to
complete, with a very low implementation cost, especially
considering the benefits that the country stands to gain from
the use of the system.
Director General Ricardo Blancaflor (left) and Japan Patent Office
Commissioner Yoshiyuki Iwai (right) shake hands after signing the
Statement of Intent (SOI) that operationalizes the Patent Prosecution
Highway Agreement, which took effect on March 12, 2012. The Philippines
joined 24 other modern IP offices of more advanced countries. In ASEAN,
only the Philippines and Singapore are members of the PPH.
Director General Ricardo Blancaflor (left) and United States Patent and
Trademark Office Deputy Under Secretary of Commerce for Intellectual
Property Teresa Stanek Rea (right) shake hands after signing the
Statement of Intent (SOI) that operationalizes the Patent Prosecution
Highway Agreement which will commence on January 2013.
Patent Prosecution Highway
This year, IPOPHL took a bold and decisive move by joining the growing network of 24 countries in the Patent
Prosecution Highway (PPH) when it entered into agreements with the Japan Patent Office (JPO) and the United States
Patent and Trademark Office. IPOPHL is only the second ASEAN country to join the PPH, next to Singapore.
The PPH is an international work sharing arrangement between IP Offices all over the world, which allows one IP Office
to share and use as reference, work products from other IP Offices. The system is designed to maximize the use of
resources across IP offices, thereby improving the quality of examination and facilitating the faster processing of
applications. The work products from other jurisdictions serve as additional reference for patent examiners during the
examination of applications.
On February 9, 2012 in Tokyo, Japan, IPOPHL’s Director General Ricardo R. Blancaflor signed an agreement with JPO
Commissioner Yoshiyuki Iwai joining the PPH.
The IPOPHL-USPTO PPH Agreement was signed last October 4, 2012 in Geneva by DG Blancaflor and USPTO
Deputy Under Secretary of Commerce for Intellectual Property, Teresa Stanek Rea, representing Under Secretary of
Commerce for Intellectual Property and Director of the USPTO David Kappos.
The PPH enables an application whose claims have been determined to be patentable in the Office of First Filing (OFF)
to undergo an accelerated examination in the Office of Second Filing (OSF). This is possible upon a request from an
applicant, and based on bilateral office agreements between member IP offices. The implementation of the IPOPHLJPO PPH pilot program started on March 12, 2012 while the IPOPHL-USPTO PPH will commence on January 2013.
The IPOPHL is the latest IP office to join the PPH network organization that includes IP offices around the world, such
as the USPTO, European Patent Office (EPO) and Korean Intellectual Property Office (KIPO).
Patent Protection in the Philippines
IPOPHL ranked 3rd in the Asia and Oceania Region on
Patent Protection based on the International Property
Rights Index 2011. The IPRI is a project of the Property
Rights Alliance and is the most comprehensive
international measurement of property rights, both
physical and intellectual, in 129 countries around the
world. The IPRI measures the following variables: Legal
and Political Environment; Physical Property Rights;
and Intellectual Property Rights.
The IPR component evaluated the protection of
intellectual property (patents and copyright) in a
country. Three (3) areas were assessed, namely: patent
protection, copyright protection, and protection of
intellectual property rights.
The variable patent
protection in the report reflects the strength of a
country’s patent laws based on five (5) extensive
criteria: coverage, membership in international treaties,
restrictions on patent rights, enforcement, and duration
of protection.
Source: Intellectual Property Rights Index 2011
Reducing Turnaround Time
One of the goals of IPOPHL is to continuously improve the quality of patents granted
and trademarks registered, as well as its delivery of other services. Improving quality
means improving both the presumption of validity of granted patents and registered
trademarks, as well as the Filipinos’ access to the information associated with these.
Improving service delivery means reducing turnaround times (TAT) for patent and
trademark administration.
The TAT from filing to registration of invention patents, utility model, industrial design,
and trademarks continued to decrease significantly from 2005. One of the major
projects that IPOPHL is currently undertaking is reducing these turnaround times further
to 5 weeks for Trademarks, 5 days for Design, and 2 months for Utility Model.
Expanding Geographical Coverage
In November 2008, IPOPHL made IP services more accessible to the public when it
launched the Intellectual Property Satellite Offices (IPSOs), starting with Cebu as the pilot
office. Since then, IPOPHL has further expanded into ten (10) satellite offices located in
the following areas: Cebu, Davao, Legaspi City, Angeles City, General Santos City, Iloilo,
Tuguegarao, Baguio City, Cagayan de Oro, and Tacloban.
More IP generators have realized the value of protecting their intellectual creations, as
evidenced by the upward trend in the number of IP applications filed. Majority of the
applications filed thru the IPSOs came from the NCR with a 37% share of the total filings.
Region VII (Central Visayas) came in second with a 14% share. The third major
contributor is Region XI (Davao) with a 10% share.
Aside from receiving IP applications, IP Specialists in the IPSOs conduct seminars on basic
IP and patent drafting. The IPSOs also partner with local and regional organizations on
activities for the promotion of IP. A total of 54 IP Basic Orientation Seminars cum IP
Clinics were conducted, with the end in view of increasing the level of appreciation of,
respect for, and utilization of IP. An important component of the seminars conducted is
the one-on-one consultation with the participants. In these sessions, the applicants are
given technical advice and are assisted in filling-up the application forms for the
registration of their IP rights. Most often than not, IP filings are generated immediately
after the conduct of these seminars.
In addition, IPOPHL has initiated a project with PCCI, which involved the creation of IP
Business Development Units (IP BDUs) within PCCI’s Regional Chambers. In the project’s
initial phase, the IP BDUs shall serve as receiving offices of trademark applications filed by
PCCI members. The IP BDUs also provide IP advisory services along the areas of IP asset
creation, protection, and commercialization.
CODE
I
II
III
IVA / IVB
V
VI
VII
VIII
IX
X
XI
XII
XIII
NCR
CAR
ARMM
NS
REGION
Ilocos
Cagayan Valley
Central Luzon
CALABARZON / MIMAROPA
Bicol
Western Visayas
Central Visayas
Eastern Visayas
Zamboanga Peninsula
Northern Mindanao
Davao
SOCCSKARGEN
Caraga
National Capital Region
Cordillera Administrative Region
Autnomous Region in Muslim Mindanao
Not Specified
APPLICATIONS
FILED (as of Dec.
15, 2012)
6
5
87
2
43
37
219
14
2
21
150
26
17
586
64
0
295
TRADEMARK
FILINGS
2010
2011
2012
(as of Dec. 15, 2012)
Resident
9731
10,563
9862
Non-Resident
7093
8054
8106
Not Specified
TOTAL
1
2
761
16,825
18,619
18,729
Trademarks Filed 2010-2012
19000
18000
17000
16000
15000
2010
2011
TRADEMARK
REGISTRATIONS
2012
2010
2011
2012
(as of Dec. 15, 2012)
Resident
5952
6553
7215
Non-Resident
6192
7073
6647
Not Specified
0
0
0
12,144
13,626
13,862
TOTAL
Trademarks Registered 2010-2012
14000
13500
13000
12500
12000
11500
11000
2010
2011
2012
CODE
COUNTRY
% SHARE
OF FILINGS
US
United States of
America
21%
JP
Japan
9%
CH
Switzerland
5%
CN
China
5%
DE
Federal Republic
of Germany
3%
KR
Republic of Korea
3%
FR
France
3%
SG
Singapore
2%
GB
United Kingdom
2%
IT
Italy
2%
(as of Dec. 15, 2012)
Resident and Non-Resident Trademark Filings
With the exception of NCR, Region VII remains to be the top
region with the most number of resident applications. On the
other hand, USA had an overall share 21% of non-resident
applications filed followed by Japan with a 9% share.
Following these two are China and Switzerland.
2010
2011
2012
(as of Dec. 15, 2012)
1
2
Novartis AG
Johnson & Johnson
Johnson & Johnson
Novartis AG
Novartis AG
Johnson & Johnson
3
Suyen Corporation
The Generics Pharmacy, Inc.
Zydus Philippines Inc.
4
Unilever NV
ALDTRZ Corporation
Philip Morris Brands Sarl
5
Philip Morris Products S.A.
6
Glaxosmithkline Trading
Services Limited
Philip Morris Products S.A.
Ambica International Trading
Corp.
Atlas Fertilizer Corporation
7
DKT International, Inc.
Suyen Corporation
8
Pasteur Pharmaceuticals, Inc.
Boehringer Ingelheim
International GmbH
Disney Enterprises, Inc.
9
The Procter & Gamble
Company
Sanofi-Aventis
Nintendo Co., Ltd.
Alaska Milk Corporation
Abbott Laboratories
Disney Enterprises, Inc.
10
Philip Morris Brands SARL
The Procter & Gamble Company
Invention Patents Filed 2010-2012
4,000
3,000
2,000
1,000
0
2010
2011
2012
Comparison of Jan. – Nov. 2011 vs. Jan. – Nov. 2012
INVENTION PATENT
FILINGS
2010
2011
2012
(as of Nov. 30, 2012)
Resident
167
186
151
Non-Resident Direct
2973
2718
2401
Non-Resident PCT
251
292
232
TOTAL
3391
3196
2784
2010
2011
INVENTION PATENT
GRANTS
2012
(as of Nov. 30, 2012)
Resident
13
6
5
Non-Resident Direct
230
169
107
Non-Resident PCT
910
960
980
TOTAL
1153
1135
1092
Invention Patents Granted 2010-2012
1200
1150
1100
1050
1000
950
2010
2011
2012
Comparison of Jan. – Nov. 2011 vs. Jan. – Nov.
2012
CODE
COUNTRY
% SHARE OF
FILINGS
US
United States of
America
32%
JP
Japan
16%
CH
Switzerland
11%
DE
Federal Republic of
Germany
8%
GB
United Kingdom
4%
FR
France
3%
NL
Netherlands
3%
KR
Republic of Korea
3%
CN
China
2%
ES
Spain
2%
SE
Sweden
2%
Patent Cooperation Treaty Filings
(as of Nov. 30, 2012)
PCT applications made up 90% of total invention patent filings in the
Philippines in 2012. The USA achieved the top spot with a 32%
share of applications while Japan and Switzerland followed with 16%
and 11% shares, respectively.
2010
2011
2012
(as of Nov. 30, 2012)
1
Qualcomm Incorporated
Novartis AG
2
Colgate Palmolive Company
Nestec S.A.
Nestec S.A.
3
Nestec S.A.
4
Sanofi-Aventis
International GmbH
Novartis AG
5
6
Unilever N.V.
Astrazeneca A.B.
Unilever N.V.
International GmbH
Unilever N.V.
Sanofi
7
NTT Docomo, Inc.
F. Hoffman-La Roche AG
DOW Agrosciences LLC
8
Fisher Rosemount Systems, Inc.
9
International GmbH
Novartis AG
Sanofi-Aventis
10
The Procter & Gamble Company
Abbott Laboratories
Utility Models Filed 2010-2012
660
640
620
600
580
560
2010
2011
2012
UTILITY MODEL
FILINGS
2010
2011
2012
(as of Nov. 30, 2012)
Resident
579
636
626
Non-Resident
35
38
26
TOTAL
614
674
652
2010
2011
UTILITY MODEL
REGISTRATIONS
Resident
2012
(as of Nov. 30, 2012)
326
372
372
Non-Resident
49
23
21
TOTAL
375
395
393
Utility Models Registered 2010-2012
400
390
380
370
360
2010
2011
2012
INDUSTRIAL DESIGN
FILINGS
2010
2011
2012
(as of Nov. 30, 2012)
Resident
432
579
680
Non-Resident
415
533
406
TOTAL
847
1112
1086
Industrial Designs Filed 2010-2012
1500
1000
500
0
2010
2011
2012
INDUSTRIAL DESIGN
REGISTRATIONS
2010
2011
2012
(as of Nov. 30, 2012)
Resident
318
303
513
Non-Resident
324
362
505
TOTAL
642
665
1018
Industrial Designs Registered 2010-2012
1500
1000
500
0
2010
2011
2012
Adjudication of Intellectual Property Cases
As IPOPHL moves
towards a new vision,
the Mediation Office
was re-established in
2010 in support of its
goal in becoming the
forum of choice for IP
dispute resolution. It
later on launched its
Arbitration Services in
2011 making it the only
IP Office in Asia with
two (2) Alternative
Dispute Resolution
Mechanisms.
Protection of intellectual property rights goes beyond registration. This
includes enforcing such rights and providing speedy and effective legal
remedies for rightsholders. Thus, the Bureau of Legal Affairs (BLA) of IPOPHL
hears and decides oppositions to the applications for registration of marks; the
cancellation of registered trademarks, patents, utility models, and industrial
designs; as well as petitions for compulsory licensing of patents. It also
exercises original jurisdiction in administrative complaints for violation of laws
involving intellectual property rights where the total damages claimed are not
less than two hundred thousand pesos (Php 200,000.00).
The BLA celebrated with the number 100 at the beginning of CY2012. It will,
most likely, end the year also with the number 100. In respect of its backlog
reduction for Inter Partes cases, the BLA has already disposed eighty-six
percent (86%), or one-thousand nine hundred fifty-five (1,955) of the two
thousand two hundred seventy (2,270) cases filed in CY2010 and earlier. It has
also decided or resolved forty-seven percent (47%) of cases filed in CY2011, or
two hundred seventy-four (274) out of five hundred cases filed.
Due to improvements in case management by the BLA, IP rights owners have
readily availed of the provisional remedies and injunctive relief in IP rights
violations cases (“IPV”). The BLA issued six (6) temporary restraining orders
and eight (8) preliminary injunctions in this year alone.
Other achievements of the BLA include the completion of the legal research
papers of various IP organizations. These legal studies will be posted in the
website and/or published, with a number of lecture series on such research
topics being planned for next year. 2012 also saw the IPOPHL sending the
second batch of IPOPHL scholars for the IPOPHL-Ateneo Law School LLM
Program. Two (2) hearing officers/lawyers from the BLA and the Office of the
Director General, and the Assistant Director of the Bureau of Patents are the
recipients of the study grant.
FILINGS
YEAR
TOTAL FILINGS
IPC
IPV
(as of Dec. 15,
2012)
2010
333
17
350
2011
581
31
612
2012
585
23
608
The BLA will also break records in case filings and disposals. As of 15 December
2012, the Bureau has already received six-hundred eight (608) cases, only four (4)
short of the total number of filings for CY2011. This increase in case filings shows
that intellectual property rights owners and law enforcers are vigilant in protecting IP
rights and curbing violations of IP rights.
IP Cases Filed 2010-2012
800
600
400
200
0
2010
2011
2012
“It is laudable that the Intellectual Property Code or Republic Act 8293 provides IPR owners with an
option to prosecute, administratively, IP violation cases through the Bureau of Legal Affairs or BLA of
the Intellectual Property Office. Since unlike the Courts, the BLA is not subject to the strict observance
of the rules of procedure and is more familiar with highly nuanced issues in IPR, cases brought before
the BLA are resolved expeditiously.”
Hon. Jejomar C. Binay
Vice-President of the Republic of the Philippines
DISPOSALS
YEAR
TOTAL
DISPOSALS
IPC
IPV
(as of Dec. 15,
2012)
2010
119
4
123
2011
222
21
243
2012
453
10
463
In response to the increase in cases filed, the Bureau of Legal Affairs of IPOPHL
upped its ante and efficiently increased the cases disposed in 2012, as evidenced by
the whopping 91% increase from 2011. This year’s total number of cases disposed is
463. By 31 December 2012, the BLA would double the total output for CY2011, or a
one-hundred percent (100%) increase. CY2012 would also be fifty-one percent
(51%) higher than the previously highest number of disposed cases achieved in
CY2007, which were 321 cases.
IP Cases Disposed 2010-2012
500
400
300
200
100
0
2010
2011
2012
Ensuring Speedy and Effective Legal Remedies
It has been the goal of IPOPHL to provide speedy yet effective
legal remedies to its stakeholders. With a decrease in
turnaround time and consistent with its drive to reduce the
backlog of cases pending in its Bureau of Legal Affairs,
IPOPHL provides its stakeholders with a strong platform for
lodging cases against violators of intellectual property rights.
This year, the Office reviewed its IPC and IPV rules of
procedure and made the necessary changes and adjustments
to improve the delivery of its services and speed up the
disposition of cases.
From a turnaround time of almost 3 years in 2005, those who
have filed cases in IPOPHL can now expect decisions in less
than a year for IP Violation Cases and less than a year and a
half for Inter Partes Cases.
Special
Rules of Procedure for IP Rights Cases and
Signing of Agreement Between the IPOPHL and the
Philippine Judicial Academy (PhilJa)
In November 2011, the Supreme Court of the Philippines
promulgated A.M. No. 10-3-10-SC or the Rules of Procedure for
Intellectual Property Rights Cases. The Rules govern civil and
criminal actions for violations of intellectual property rights lodged
before the Regional Trial Courts designated by the Supreme Court
as Special Commercial Courts. The salient features of the IPR Rules
include:
a) the conferral of authority to the Special Commercial
Courts in Quezon City, Manila, Makati and Pasig for the
issuance of search and seizure warrants enforceable
nationwide;
b) the executory nature of any order issued by the courts
under the Rules;
c) cases may be submitted for decision immediately after pretrial, or on the basis of position papers, or after
clarificatory hearing, or after trial;
d) presumptions and evidentiary rules for patent, trademark
infringement, unfair competition, and copyright cases; and
most notably,
e) the issuance of an order of destruction of seized infringing
goods any time after filing of a complaint or information,
and the retention of representative samples in lieu of the
actual items.
The Special Sub-Committee on the Rules of Procedure for IP Cases
that worked on the drafting of these Procedural Rules was
composed of IP lawyers, commercial court judges, and justices of
the Supreme Court.
CY2012 also marked the IPOPHL’s pursuit of quality
administration of justice on IP disputes. IPOPHL, through the BLA,
and the Philippine Judicial Academy (PHILJA) forged a partnership
via a Memorandum of Agreement in March for the training of
judges, clerks of court, and prosecutors in the Special Commercial
Courts on the Special IP Rules. The training was conducted in four
(4) installments in the National Capital Judicial Region and the
Fourth Judicial Region in May 2012; in the First, Second, Third,
and Fifth judicial regions in June; in the Sixth, Seventh and Eighth
judicial regions in July; and in the Ninth, Tenth, Eleventh and
Twelfth judicial regions in August of this year.
Justice Adolfo S. Azcuna, Chancellor of the Philippine Judicial
Academy (PhilJa) and IPOPHL Director General Ricardo R.
Blancaflor sign the Memorandum of Agreement on the conduct
of capacity building activities on the promulgated SC Rules of
Procedure for Intellectual Property Cases
Becoming the Forum of Choice for IP Dispute Resolution
During his visit in March, WIPO Director General Francis Gurry graced the ceremonial signing of the 100 th case settled
through the IPOPHL’s mediation services. Dr. Gurry conveyed positive remarks regarding the IPOPHL’s Alternative
Dispute Resolution (“ADR”) Program. Indeed, to enhance the ADR’s potential in efficiently resolving disputes involving
IPR, its operations were streamlined, and a lean but efficient functional unit - the ADR Services - was put in place,
abolishing the Arbitration and Mediation Center.
The rules on mediation were likewise amended, enhancing the legal remedies of parties opting for arbitration. Office
Order No. 160, s. 2012 promulgated the changes in the rules, particularly, modifying the process for case referral.
Under the amendment, the parties are already briefed on arbitration at the commencement of the mediation process.
And should mediation fail, the parties are notified in writing of the option to proceed with arbitration, which shall be the
subject of further briefing.
The policy changes and the streamlining of processes in the ADR procedures instituted by IPOPHL and the BLA have
translated into positive developments in the successful settlement of IP cases for 2012. The ADR Services unit
successfully settled 82 cases in 2012 out of total of 165 cases mediated. This represents a high rate of success of 50% of
all mediated cases compared to its 32% settlement rate for 2011 or a remarkable 18% improvement. This means that for
every two cases mediated in IPOPHL, one would be successfully settled and removed from IPOPHL’s docket of IP cases.
More importantly, since its establishment in February 2011, IPOPHL has settled a total of 172 IP cases through
mediation. Informal consultations with IP practitioners and lawyers that are familiar with the ADR services of the Office
cited the added leverage of mediation in negotiating a win-win settlement among parties in dispute and the presence of
a pool of expert mediators, as the main reasons for the continued success of mediation service of IPOPHL.
In another development that highlights quality of IPOPHL’s mediation services, Ms. Vilmi Quipit, one of IPOPHL
mediators, was accredited as a WIPO neutral and was included in the roll of mediators maintained by the WIPO
Arbitration and Mediation Center effective August 20, 2012.
The IPOPHL, through the BLA, also reached out to the judiciary’s Philippine Mediation Center (court annex mediation)
and presented a workplan aiming to encourage the referral of court cases involving IP disputes to the IPOPHL’s
mediation services. While no agreement has been reached yet, the IPOPHL will continue to pursue this objective. The
BLA continues to promote transparency in its IP dispute resolution services by maintaining in its website (IP Case
Library) downloadable information, particularly, electronic copies of the decisions of the BLA and the Director General.
The BLA also reached out to the cities and provinces outside Metro Manila, in order to improve the public’s knowledge
and awareness on the IPOPHL’s IP dispute resolution system. The BLA, together with the Bureau of Trademarks, went to
General Santos City in August and Iloilo City in November, to spread and brief legal practitioners through the local
chapters of the Integrated Bar of the Philippines, government lawyers and officials, entrepreneurs, academics, inventors,
authors, and other stakeholders, on substantive IP law, IP dispute system including ADR, and the Madrid Protocol.
These capacity building activities made possible with the assistance of the IP Satellite Offices (IPSOs) in said cities and
the Regional Offices of the Department of Trade and Industry (DTI), laid down the groundwork for the expansion of the
BLA services to the provinces. These undertakings also generated renewed interest among the participants as to the
IPOPHL’s alternative dispute resolution processes.
“W e h a ve e sta b li sh e d spe c ia l IP R cou r ts a n d pr ov id e d spe c i al i z ed tr a i n i n g f or ju d g e s. W e h av e e n a c te d
sp ec i a l r u le s fo r t he i ss u an c e of e x- p a r te se a r c h a n d se i z u re o r de r s in c i vi l c a se s f or IP R r i g ht s h ol de r s.
W e h a ve a l so cr ea te d s pe ci a l IP R o ff i ces in k ey l aw en f or ce m e n t a g e n ci e s. W e h a ve p ro vi d e d b or d e r co n tr ol
mea su r es, a n d a t th e l oca l lev el, s ever a l LG U s ha ve g o n e as fa r a s to en ac t l oca l or d i n a n ces t ha t n u l li f y
b u si n e ss pe r m it s i n ca se s of IPR i n fr i n g e me n t. T h i s i s i n d e e d a ma jo r ste p f or w a rd f or u s… ”
H on. J ejo mar C. B inay
Vice-President o f the
R epu b l ic of th e Ph il i ppi n es
The National Committee on Intellectual Property
Rights was formally established in 2008 through
Executive Order No. 736, with the Department
of Trade and Industry and the Intellectual
Property Office of the Philippines taking the lead
in coordination.
Effective Enforcement of Intellectual Property Rights
Protecting Intellectual Property Rights (IPR) is a major component of the Philippine strategy to develop local creativity
and innovation, improve competitiveness, attract foreign investments, and generate jobs. Since 2005, the IPOPHL, in
coordination with law enforcement agencies and private sector partners, has been spearheading the strengthening of the
IPR regime in the country. Upon the initiative of IPOPHL, the National Committee on Intellectual Property Rights
(NCIPR) was formally established through Executive Order 736 on June 21, 2008 composed of the following agencies:
Department of Trade and Industry (DTI), IPOPHL, Philippine National Police (PNP), Department of Justice (DOJ), Optical
Media Board (OMB), National Bureau of Investigation (NBI), Bureau of Customs (BOC), Office of the Special Envoy on
Transnational Crimes (OSETC), Department of Interior and Local Government (DILG, National Telecommunications
Commission (NTC), and the National Book Development Board (NBDB). The DTI acts as Chair and IPOPHL as ViceChair.
While IPOPHL has no enforcement mandate, it takes the lead in ensuring the enforcement of IPR both in operations and
prosecution of IPR violations, through a holistic approach that calls for the integration of agencies in charge of customs,
foreign trade, domestic trade, revenue, and consumer protection to enforce and protect IPR. It focuses on improving
border controls along with the effective use of tax, fraud and other trade laws, which targets organized criminal
activities. This approach was introduced by the NCIPR in 2011 through its 2012-2016 Philippine Action Plan on IPR
Protection and Enforcement. The Action Plan sets the parameters by which we gauge the IP situation in the country. It
will enhance existing programs on IP education and awareness, capability-building for relevant institutions and groups,
expanding border control measures in more regions, speedy and quality disposition of IPR cases, policy advocacy,
pushing pending legislative bills, domestic and international partnerships, strengthen coordinating mechanisms;
reconfigure enforcement tools and mechanisms to keep pace with advancements in technology; and endeavor to fill in
the gaps on IPR enforcement operations like focusing attention on establishing a sense of “permanency” within the
NCIPR membership and IPR units in government agencies.
Another breakthrough in IP enforcement is the removal of the Philippines in the list of Notorious Markets of the Office of
the United States Trade Representatives (USTR), after being on the list for the last six (6) years. This was reported in the
Out-of-Cycle Review of Notorious Markets dated December 13, 2012. The Philippine malls and markets which were
previously cited in the list include the Greenhills, Divisoria, Quiapo, Makati Cinema Square, Binondo, and Baclaran
areas. The 2012 Report noted: “Positive action has also occurred over the past year at physical markets. One example is
the Quiapo Shopping District in the Philippines. The Philippine Government has taken significant enforcement actions
that have reduced the number of counterfeit and pirated goods available for sale and, as a result, the market has been
removed from the 2012 List.”
IP Enforcement Seizures 2010-2012
2012
2011
2010
₱0.00
₱5,000.00
₱10,000.00
Millions
IP Enforcement in Numbers
Since its establishment, the NCIPR has confiscated an estimated amount of P33.36 billion counterfeit and pirated goods
consisting of 45,949,522 pieces, 2,594 boxes and 31 replicating machines. It hauled Php 4.98 billion worth of
counterfeit and pirated products in 2012 resulting from a total of 3,041 reported enforcement operations conducted in
1,680 areas around the country. Of these activities, 2,397 were inspections of retail outlets and production areas and
644 were by search warrants.
Although the total haul for 2012 is a 41% decrease from the previous year when it recorded its highest confiscations
amounting to Php 8.38 billion, the NCIPR member agencies remain unfazed and continue to work towards promoting
and strengthening respect for IPR throughout the country.
Of the 3,041 raids, 21 raids were conducted in Binondo, 9 raids in Quiapo, 1 raids in 168 Shopping Mall, 4 raids in
Greenhills, 5 raids in Metrowalk and 16 raids in Makati Cinema Square. 1,690 raids were conducted in other areas.
The focused enforcement operations have resulted in visible reduction of pirated and counterfeited goods in known
“notorious” areas.
Philippine Anti-Counterfeiting and Piracy Summit
Taking off from the 1st Philippine Anti-Counterfeiting and Piracy Summit held in 2011, IPOPHL and the members of the
NCIPR organized and conducted the second summit on 22 October 2012, in celebration of the Intellectual Property
Rights Week. No other than Hon. Leila de Lima, Secretary of Justice of the Republic of the Philippines graced the event
and delivered the keynote address. The Secretary stressed two (2) challenges faced by the country in order to
successfully prosecute and hold IPR violators liable. The first is the need to further build the capacity, knowledge,
expertise, and technical know-how of prosecutors focusing on training them to identify and prove IPR infringement in
court. The second is the need to further institutionalize legal framework and detection, investigative, and law
enforcement measures. She commended the IPOPHL and the Department of Justice (DOJ) on the creation of the
Manual for Investigation and Prosecution of IP Cases, which she said is a truly positive step towards standardizing
procedural guidelines towards the investigation and prosecution of IP cases as well as the increased awareness and
understanding of IP laws and procedures.
The Secretary gave her word that they shall ensure that proper safeguards are installed to ensure
that no opportunities for appeals will be possible under future administrations and leaderships.
She further promised to protect the moral and economic rights of IPR holders and their right to
publish and share their creations. She stressed that innovation, invention, and creation are the
key to the future of the Philippines and its value should be protected not only under the IP Code
but also from all the ways it could be impaired or infringed.
In turn, Director General Ricardo R. Blancaflor apprised the guests and participants in the Summit
on the state of IP protection and enforcement in the Philippines, touching on maintaining the
standards IPOPHL has set, raising awareness on counterfeiting and piracy, further improving the
judicial system on IP enforcement, and being delisted from the US Trade Representative’s (USTR)
301 Watchlist. Hon. Lucas P. Bersamin, Associate Justice of the Supreme Court of the
Philippines, further expounded on the role of the judiciary on IP enforcement, and the
importance of concerted government efforts against IPR violations. Other distinguished speakers
from the Department of Justice, Food and Drug Administration, US Department of Homeland
Security, National Bureau of Investigation, and Department of Science and Technology shared
their insights on the implications of counterfeiting and piracy and what the government has
achieved and their plans to combat these.
Representing the IP owners and stakeholders were guests from Louis Vuitton, European Brand
Protection Council, Intellectual Property Coalition, Business Software Alliance, and Microsoft
Philippines. The salient points of the much talked about Cybercrime Prevention Act of 2012
(Republic Act 10175) were also discussed during the summit. The need for such bill was stressed
on as technology continues to evolve and poses a real threat to national security.
Investing in the Innovation and Creativity Ecosystem of the
Country
In 2010, the IPOPHL launched a project to establish Innovation and
Technology Support Offices (ITSO) or “Patent Libraries” within
universities and higher education institutions. The objective was to
strengthen local institutional capacity to access patent information for use
in research, education, idea generation and general business
development. At the same time, the ITSOs were envisioned to be the
patent service providers in their local communities, conducting not only
patent searches but also patent drafting, prosecution representation,
advisory, training and over-all IP management.
The ITSO Franchise
started in 2010 through a
Cooperation Agreement
with the WIPO. It was
formally launched in
March 2012 during the
Forum on Access to
Global Technology for
Innovation.
The progressive economies of the world are able to capitalize on the
patent system because their scientists, researchers and R&D practitioners
in the academe and industries were able to access latest scientific and
technological information from the world patent databases and use the
same to generate new and useful knowledge to create innovative and
competitive products and services. Further, they are able to seek patent
protection for the new knowledge, products and services. This way, the
patent system has come to play an indispenable role in the economic
development of the more advanced countries.
In most developing countries, however, the patent system only serves to
protect predominantly foreign technology embodied in products and
services marketed and sold in the country. There is hardly any patent
activity involving resident inventors, researchers and industry. In the
Philippines for example, scientists and researchers are generally unaware
of the rich source of information found in the world patent databases.
Lacking the necessary skills to conduct patent search and understand
patent documents, their researches are frequently done without the
benefit of knowing prior existing inventions or related scientific findings
contained in patent documents. Review of related literature conducted by
researchers does not cover patent literature. Likewise, industries rarely
seek competitive and technological information from patent databases.
It is for this reason that IPOPHL embarked on the project of
establishing the ITSO which has expanded to include nongovernment and government instrumentalities that have
become interested in using patent information in realizing their
mandates. To date, there are sixty-four (64) ITSOs all over the
Philippines located within universities and higher education
institutions, comprising of fifty-four (54) academic institutions,
eight (8) government agencies, and two (2) cooperating
institutions.
The ITSOs are organized through a unique social franchise
system wherein the government, through IPOPHL, acts as a
franchisor to set up the system, provide technical assistance,
help sustain the operations through vendor-vendee
management and monitor the quality of service of ITSOs. On
the other hand, the institutions hosting an ITSO provide the
financial and human resources, including the necessary
equipment, physical office and other amenities to operate the
facility. The ITSO operates as single alliance under the
franchise system managed by IPOPHL. Currently, from the first
batch of ITSOs, there are one hundred seventy-eight (178) ITSO
staff trained in patent searchers. For the second batch of ITSOs,
another one hundred fifty (150) are undergoing training which
will culminate by end of 2012. Below is a breakdown of the
first batch of trained ITSO personnel:
Field of Expertise:
Engineering
Natural Science
Agriculture
Computer-related
Business
Social Sciences
Law
Arts
Statistics
Biotechnology
Veterinary Medicine
-
38
46
14
20
25
28
5
1
1
2
3
PhD/MD
Masteral
Law
Dr. of Veterinary Med.
Bachelors
The ITSO’s will be one of the institutional
mechanisms whereby IPOPHL fulfills its
organization mission of working towards the
Educational Attainment:
Trade and Industry Secretary Gregory L. Domingo delivers the
keynote message at the Forum on Access to Global Technology
for Innovation held on 22-23 March 2012 at the Manila Peninsula
Hotel
country’s “economic, technological and socio-
39
73
5
1
60
cultural
development
by
communicating,
enabling and ensuring the effective use of the
IP system in all levels of society for the
creation,
protection,
utilization
and
enforcement of IP” and realizes its vision of –
“a n I n tel lect u al Pr o per ty Co n sci o us
Ph i li pp in es i n a d e my s ti fi e d ,
d e ve l opm e nt -or i e n te d a n d d e moc r at i ze d
I P Sy s te m b y 2 0 2 0. ” ( 3D IP , 2 0 20
VISION)
CHALLENGES FACED BY A DEVELOPING COUNTRY TO
PARTICIPATE MEANINGFULLY IN THE INTERNATIONAL
PATENT SYSTEM
Low awareness on patent & patent information
Scarce & expensive access to patent information & services
The science & technology community lacks competencies in patent search
and prosecution
Lack of appreciation among universities & research institutes on the relevance of
patent information in their research & development (R&D) work
Lack of appreciation among universities & research institutes on the importance
of patent protection in the commercialization of their research outputs
It is therefore envisioned that the establishment of
the ITSO or patent library network will help address
these challenges by providing affordable and
localized access to patent information, patent
protection guidance and assistance.
PAT ENT FI LING
&
PR OSE CUTI ON
SERVICE S
S EM IN ARS &
TRAI NI N G O N
PATENT
I NF ORM AT I O N
ASSISTANCE
IN IP
CO MME RCI AL
I-ZAT ION
Pat en t
Sear ch
Ser vi ces
Pat en t
speci ficat ion
dr aft ing
ser vi ces
Demystified Patent System --- Through the ITSO network, IPOPHL will build the institutional capacity of
universities, R&D entities, government field offices, industry service providers, consultants and associations to teach
and conduct, on their own, patent searches, patent drafting and provide assistance in patent prosecution. Initially,
IPOPHL & WIPO will provide skills training to ITSO staff and constituents while the host entities can provide a steady
stream of demand for patent information and patent filing so that those trained can master their skills through
constant practice. With the cooperation of different patent professionals, IPOPHL will also assist ITSO in delivering
its services in the first few years. Eventually, the ITSO will conduct its own training to continue spreading IP
information, patent searching and drafting skills to the community, and it will serve the community by conducting
patent search, drafting patents and assisting patent applicants.
Democratized Patent System --- With the presence of ITSO in the local institutions, not only will science
and technological knowledge from the patent databases become more readily accessible but it is also expected that
there will be an increase in the number of proficient patent searchers, drafters and practitioners in the locality. It is
foreseen that the growing community of patent information users and patent drafters can be organized by IPOPHL for
the purpose of engaging a broad-based dialogue and continuing discussion on how to improve the patent system in
the country and other issues.
Development-Oriented Patent System --- The ITSO serves as the institutional link between IPOPHL and
aggrupations of potential patent system users. Thus, ITSO brings IPOPHL closer to the public and beneficiaries of the
patent system. Further, in choosing the host entities for ITSO to be located, IPOPHL can effectively target particular
sectors or industries whose work or business will be greatly benefited by patent information and patent protection.
Aliquam dolor.
WIPO Director General Francis
Gurry, IPOPHL Director General
Ricardo R. Blancaflor, and ITSO host
institutions and universities during the
Forum on Access to Global
Technology for Innovation held on
22-23 March 2012 at the Manila
Peninsula Hotel
As more institutions join the ITSO franchise network, and while
training on patent information and patent protection are
continuing, IPOPHL would like to create a platform for ITSO to
link and collaborate with different industries and other
technology service providers within and outside the
Philippines. The purpose is to strengthen the current capacity
and competence of ITSO in patent searching, drafting and
prosecution and push the ITSO to play a more vital role in the
innovation and technology ecosystem of the country.
Through the help of development partners, like the US Patent
and Trademark Office (USPTO) and the International
Intellectual Property Institute (IIPI), patent information experts
from technology licensing offices in US universities will be
engaged to mentor the ITSOs in 2013. IPOPHL is also seeking
the assistance of the Department of Trade and Industry and the
Department of Foreign Affairs to help scout for other
institutions, including IP intensive businesses, in more
developed countries that are engaging in patent search, patent
mapping and analytics to jointly create an internship program
for the patent searchers in ITSO and help train them. The end in
view is for ITSO competencies to be tailored to better fit
specific industry or business needs and preferences so that they
can serve as an outsourcing option for these institutions and
businesses.
Another “next practice” for ITSO that IPOPHL is embarking on
is to push ITSO to play a more vital role in the innovation and
technology ecosystem of the country and help transform
Philippine universities and higher education institutions into
centers for innovation in the country. As the initial phase of
ITSO (ITSO 1.0) equipped the Higher Education Institutions
with tools to support technology generation and patent
protection, the next phase of ITSO (ITSO 2.0) is envisioned to
enable Higher Education Institutions pursue technology transfer
and commercialization, and eventually provide the following
services:
WIPO Director General Francis Gurry delivered a
lecture for the De La Salle University students on
March 23, 2012 at the DLSU Campus
Design and implement technology
commercialization strategies;
Provide technology transfer & licensing
support services;
Conduct technology-related IP audit and
evaluation services;
Scout for and market new technologies
for licensing or transfer; and
Support technology-based start-ups in
the local community.
Creating a platform for collaboration involving various players in the innovation
ecosystem requires an outward-looking framework that encourages network
building and embraces all possibilities of combinatory actions across sectors,
markets and economies. As such, IPOPHL, in partnership with the World
Intellectual Property Organization (WIPO) has commenced a series of study tours
for ITSOs to meet and match with other institutions. The first study tour was
conducted earlier this year where seventeen (17) ITSOs visited the innovation and
enterprise centers of the Singapore government. It was attended by ITSO managers
and staff. On October 29 to November 2, a high-level study tour for university top
management to visit the technology transfer and business incubation facilities in
London and Cambridge and learned the “bench to market” strategies of the UK
universities. The delegation was comprised of university presidents and vicepresidents, including a high-ranking officer of the Commission on Higher Education.
Subscription to Patent Databases
To conduct patent searches, ITSO subscribed to the Thomson
Innovation Database and utilizes Derwent World Patent Index
(DWPI), an intuitive, user-friendly, and web-based interface
that allows the patent searchers to browse between patent
records of hundreds of databases.
Free of-charge Patent Databases
Lexis Nexis
There are close to 75 million patent documents scattered
in different patent databases of different countries with
some countries having documents only in their national
languages or with only abstracts of the patents written in
English. A searcher may access for free patent databases of
IP offices such as WIPO, EPO, USPTO, or JPO. However,
it will take time to filter the information collected since
even typographical errors are included in these databases.
Furthermore, they will have to search in each database.
IPOPHL also subscribed to Lexis Nexis whose
three components (Lexis, Nexis and TotalPatents)
provide other options for legal, business and
patent researches. Lexis is a comprehensive
online legal research tool while Nexis brings the
user the most recent business articles, news, and
other publications except books. News can be
found online within just a few minutes after it has
happened. Users can easily search for relevant
topics through its advance search options.
TotalPatents bring together a concise database
where patent examiners can access, research,
and analyze patent data through more than 70
million documents written in its original
language and in English.
Thomson Innovation
Aside from the free databases, the ITSOs were also
provided with the option to subscribe to the Thomson
Innovation Database, which is a web-based patent and
non-patent literature resource. No other database in the
world has this capability. The database also brings the
power of value-added patent information from Derwent
World Patent Index (DWPI), and the bibliographic details
for journal articles from the ISI suite of products like the
Web of Science/Current Contents, which are accessed
through an intuitive, user-friendly, and web-based
interface, allowing the user to browse between patent
records, without need of learning and remembering
complicated search commands, as well as turn all this
valuable information into actionable intelligence.
Patent Protection Incentive Package
The Patent Protection Incentive Package (PPIP) is the first initiative of IPOPHL that seeks to
push inventors to protect and commercialize their inventions by waiving official fees
associated with patent filings, as well as maintenance fees for the first to fifteenth year of the
patent. Under the PPIP, the following fees will be waived:
Filing fees and fees for excess claims
Fees for formality examination
Fees for substantive examination
Fees for publication
Fees charged by and payable to IPOPHL in connection with the PCT application; and
Fees relating to assigning of rights from the inventor to an HEI
Annuity payments up to the 15th year of the patent’s life
The PPIP will be given only to the first 1,000 inventions filed from March 22, 2012 to
December 20, 2013. Those eligible to avail of said package are inventions filed on or after
March 22, 2012 that are derived from work within a Higher Education Institution (HEI) that is
an Innovation and Technology (ITSO) Franchisee, inventions of resident inventors who have
collaborated with or contracted the services of a HEI that is an ITSO Franchisee for patent
search and prosecution, and inventions arising from collaborations between and among HEIs
(including foreign HEIs) provided that at least one (1) HEI is an ITSO Franchisee.
IP for Education
The WIPO, in cooperation with the IPOPHL and the Commission on Higher Education (CHED), organized a three-day
National Workshop on Intellectual Property (IP) and Technology Management for the members of the ITSOs from
December 5 to 7, 2012 at the Marriot Hotel in Pasay City.
The workshop brought into fore key issues on intellectual property and technology management in universities and R&D
institutions from research to commercialization. The workshop also discussed best practices and increased awareness on
government initiatives that support university in research and innovation. The event was graced by WIPO Deputy
Director General for Cooperation Development, Mr. Geoffrey Onyeama, who delivered the Keynote Address along with
Commissioner Singalang of CHED (in behalf of CHED Chair Patricia Licuanan).
One of the highlights of the workshop was the signing of Memoranda of Agreement between the IPOPHL and fifteen
(15) additional universities that have agreed to be members of ITSOs. A big number of HEIs in Region VI, namely: Aklan
State University (ASU), Capiz State University (CapSU), Carlos Hilado Memorial State College (CHMSC), Central
Philippines State University, Guimaras State College (GSC), Iloilo State College of Fisheries (ISCOF), Northern Negros
State College of Science and Technology (NONESCOST), Northern Iloilo Polytechnic State College (NIPSC),
Technological University of the Philippines – Visayas (TUP-V), University of Antique (UA), University of the Philippines
– Visayas (TUP-V) and West Visayas State University (WVSU); Bohol Island State University; Batangas State University;
and DOST Negros Oriental also joined the new batch of ITSOs.
The IPOPHL and the Philippine Association of State Universities and Colleges (PASUC) and CHED also signed a
Memorandum of Agreement formalizing their role as advocates for the establishment of more ITSOs in the country to
boost and enhance the quality of researches by HEIs in the country. In addition, Ideaspace and Worldwide Intellectual
Property Service Co. Ltd. (WIPS) will also signed agreements with IPOPHL to act as support institutions to the
commercialization of ITSOs. The MOA is considered a milestone in view of CHED’s role and mandate to identify,
support, and develop potential centers of excellence in areas needed for the development of world-class scholarship
nation-building and natural development. PASUC on the other hand envisions the state universities and colleges as
innovation centers and prime movers of the nation’s socio-economic growth and sustainable development. CHED’s and
PASUC’s mandates are one of the many end objectives of the IP empowerment under the ITSO franchise.
2 0 1 2 W I P O C ompetit ion
on
I nnov ativ e S o lu tio ns
for
E veryday L ife
Technical innovation is widely acknowledged as a driving force for economic development. Innovative technologies can
provide solutions to technical problems encountered in daily life, taking into account the particular environmental,
social or economic conditions of the community faced with such problems. Such technologies are often known as
Appropriate Technology (AT), and they play a vital role in fostering development. A key source of information, which
can be used for technological innovation, including AT, is contained in patent documents. Patent information needs to
be accessed and used in a systematic manner so as to maximize the possibility of developing and protecting new
technologies.
The competition seeks to encourage the use of patent information to arrive at appropriate solutions to technical
problems encountered in daily life. Participants are expected to identify specific routine problem and research
appropriate patent information that could be used to develop AT. The objectives of the competition are to encourage
and reward excellence in innovative solutions to frequently recurring problems, especially solutions that utilize
technologies appropriate to local conditions. The utilization of patent information for devising solutions will be a key
element of the competition. The competition was organized by WIPO in cooperation with the IPOPHL, and with the
assistance of the Korean Intellectual Property Office (KIPO). The competition was launched in the Philippines, and
nationals and residents of the Philippines participated in the competition.
The final judging of the competition was done at IPOPHL office in Taguig City on the 24th of October 2012 and on the
following day the awarding ceremony was held at the University of Santo Tomas (UST) in Manila.
Other finalists were the following: Utilization of Woven Water Hyacinth Fiber Mat as Corrugated Composite Roof sheets
(Technological Institute of Technology); Biodegradable Waste Decomposer (University of Southeastern Philippines);
Water-Driven Turbine Pump: Design, Fabrication and Testing (Western Visayas College of Science and Technology);
and Mini-Biodiesel Plant (Western Visayas College of Science and Technology.
2 0 1 2 A lfredo M . Y ao I ntellectual P roperty A wards
Diagnosis and detection of
th
Now on its 4 year, the Alfredo M. Yao
Intellectual Property (AMY IP) Awards was
launched by the Philippine Chamber of
Commerce
and
Industry
(PCCI)
in
collaboration with the IPOPHL in 2008 to
recognize inventors and entrepreneurs who
contribute to the development of innovative
new products, services, and globally
competitive technologies which introduce
more efficient and effective approaches to
doing business in the country. In an effort to
strengthen and highlight the importance of
research and development, universities,
colleges, and other higher education
institutions (HEIs) because the focus of this
year’s AMY IP Awards which was conferred to
intellectual creations generated by students
and/or faculty researchers working in
collaboration with academic institutions that
will have the most substantial positive impact
on the lives of people in the community.
dengue virus infection using
chicken egg antibodies
(Eunice Biteng, Grace Yu,
Rhodora Estacio, & Milagros
Leano---University of the
Philippines Manila)
Method for Producing
Carbon from Glycerol
(Erwin Enriquez & Jerick
Limbao--- Ateneo de
Manila University)
Integrated processes for the
treatment of mango wastes of fruit
processing & the preparation of
compositions derived thereof & the
preparation of pectin &
polyphenolic compositions from
mango peels
(Evelyn Taboada & Francis Dave
Siacor---University of San Carlos)
Learning from Global Experiences
The IPOPHL, with the assistance of the WIPO, organized a study mission to visit technology transfer institutions and
business incubation facilities in the United Kingdom last 27 October 2012 to 03 November 2012. The objective was to
learn from the experiences of the British institutions as well as establish networks for future partnerships. The delegation
was composed of Atty. Julito Vitriolo (Executive Director, Commission on Higher Education), Prof. Bonifacio Doma, Jr.
(Vice President for Academic Affairs, Mapua Institute of Technology), Prof. Benito Pacheco (Vice Chancellor for Research
and Development, University of the Philippines – Diliman), Prof. Reynaldo Garcia (Director of Technology Transfer &
Business Development Office, University of the Philippines), Rev. Fr. Dionisio Miranda (University of San Carlos – Cebu),
Rev. Fr. Herminio Dagohoy (Rector, University of Santo Tomas), Prof. Maribel Nonato (Assistant to the Rector for
Research & Innovation, University of Santo Tomas), Assoc. Prof. Michael Peralta (ITSO Manager, University of Santo
Tomas), and Angelica Jalasco (Senior Technical Staff, IPOPHL).
The Delegation’s first stop was at the Business & IP Centre of the British Library where one of the UK Patent Libraries
(PATLIBs), very similar to the ITSOs, is housed. The Delegation was welcomed by Research Manager Nigel Spencer who
gave an overview on the institution and discussed how assistance is given to people in the development and
commercialization of ideas. The Delegation was then received by Philippine Ambassador Enrique Manalo where the
group had a brief discussion on the purpose of the mission and the status of the relationship between the Philippines and
United Kingdom. The third visit was to the United Kingdom Trade & Investment where the group was received by Dr.
Rodney Berkeley and Dr. Hakim Yadi. Dr. Berkeley, Deputy Director of Investment Projects, gave a background on the
UKTI and its functions while Dr. Yadi, Chief Operating Officer of the Life Sciences Investment Organisation, gave an
overview of the technology transfer offices in the UK. Before heading out to Cambridge, the Delegation’s last engagement
in London was with the Queen Mary BioEnterprises Innovation Centre. Executive Manager Ramsay Richmond welcomed
the delegation and discussed practical knowledge and their experience with regard to the establishment of an incubator.
The visit to Cambridge started with a meeting with the Cambridge Enterprise. Dr. Richard Jennings and Dr. Paul Seabright
discussed how the University of Cambridge commercializes its intellectual property through the CE and the importance
of the IP Policy to the University. The following engagement was with Prof. Chris Lowe from the Department of Chemical
Engineering and Biotechnology of the University of Cambridge. Prof. Lowe discussed the emergence of the field of
biotechnology and its implications to pharmaceutical companies. The seventh visit was to the Babraham Institute where
the Delegation was welcomed by Dr. Claire Cockroft and Dr. Katy Evans-Roberts. Dr. Cockroft, Head of External
Relations and Science & Society Programme, and Dr. Evans-Roberts, Commercialisation Manager, gave an overview on
the Babraham Instiute, its connection with the University of Cambrige, and its involvement with the local community.
The final meeting was with Dr. Tony Jones, Director of Business Development of One Nucleus. Dr. Jones discussed the
importance of networking and how their organization connects venture capitalists, patent lawyers, biotechnology
companies, embassies, pharmaceutical companies, and universities.
Enhancing the Creativity of the Filipinos
House Bill No. 3841,
sponsored by Rep. Albert
Garcia, and Senate Bill
No. 2842, sponsored by
Sen. Manny Villar, have
been ratified by the
Senate and Congress on
November 26 and
December 11, 2012,
respectively. The bills
seek to create a
Copyright Bureau in
IPOPHL, among others.
Photos courtesy of Senate of the Philippines and House of
Representatives websites
http://www.senate.gov.ph/senators/sen_bio/villar_bio.asp
http://www.congress.gov.ph/members/search.php?congress=15&i
d=garcia-a
Considering that the Philippines has a wealth of creative genius, the
complex nature of copyright, and the impact of technology on copyright,
IPOPHL established in 2007 the Copyright Support Services Unit (CSSU)
tasked to implement the copyright mandate of IPOPHL. The CSSU helps
promotes creativity among Filipinos by ensuring that the copyright
system in the country is effective. As one of its projects, and in
celebration of the World Book and Copyright Day commemorated every
23rd of April, the IPOPHL CSSU collaborated with WIPO, the Japan
Copyright Office (JCO) and the Agency for Cultural Affairs of the
Government of Japan, in holding the “WIPO Asia-Pacific Regional
Symposium on Capacity Building in the Field of Copyright and Related
Rights” last April 24 to 25, 2012 at the Multipurpose Hall of the
Intellectual Property Center.
The specific objectives of the Symposium were: (1) to provide a forum
for the participating countries to exchange information on the recent
developments in their copyright legislations and the services provided by
the copyright offices for various copyright sectors; (2) to identify present
and future issues and challenges and what copyright offices are doing to
address the same in terms of policies, strategies and initiatives; and (3) to
enhance the competencies of government offices involved in managing
the copyright and related rights system in their respective countries
through information exchange and networking among different offices.
IPOPHL also collaborated with the National Book Development Board
(NBDB) in staging the “World Book and Copyright Day 2012 Summer
Slam!” last April 22, 2012, at the Quezon City Memorial Circle Planas
Garden. The well-attended outdoor event featured poetry and musical
performances, story telling, games and book sales in order to educate
the youth, in a fun and hip manner, on the need to respect intellectual
property rights, with focus on copyright, as well as the importance of
reading good books.
On May 10, 2012, IPOPHL Director General Ricardo R. Blancaflor
graced the inauguration of the Korea Copyright Commission (KCC) –
Manila Office, headed by the KCC Director, Mr. Kim Yoonsik. Top
officials of KCC from Seoul, South Korea flew to Manila for the event,
led by KCC Chairman, Mr. Yu Byong-han. The event is a milestone for
copyright in the Philippines as it signals the beginning of closer ties
and cooperation of IPOPHL with one of the most advanced copyright
offices in the world.
An important Copyright Stakeholders’ Consultation was also held on
June 4, 2012 which tackled two very important topics: (1) the WIPO
Diplomatic Conference on the Treaty for the Protection of Audiovisual
Performances which was held in Beijing last June 20 to 26, 2012; and
(2) the Accreditation Guidelines for Collective Management
Organizations (CMOs). Performers and legal practitioners exchanged
opinions regarding crucial issues surrounding the proposed treaty,
particularly the transfer of rights provision, which prevented the
adoption of the proposed treaty over a decade ago. Likewise, an
earnest discussion of the provisions of the accreditation guidelines also
ensued.
Director General Ricardo R. Blancaflor signs the Final Act
during the Diplomatic Conference on the Protection of
Audiovisual Performances in Beijing, China on June 19 –
26, 2012. On his left is Mr. Edward Kwakwa, Legal
Counsel of WIPO and on his right is Atty. Louie Andrew
Calvario of the Office of the Director General-Legal.
Amendments
to the Intellectual Property Code of the
Philippines (Copyright Bill)
In an effort to support the creative sector and to elevate copyright as a
major IP right, IPOPHL vigorously worked for the approval of the Bill
seeking to amend the provisions on Copyright in the Intellectual
Property Code. The enrolled copy of the Bill was transmitted for the
approval of the President last December 18, 2012.
The bill is highly significant since it: 1) provides for the creation of the
Bureau of Copyright within the IPOPHL, which will be responsible for
regulating collective management entities and agents on behalf of
artists and provide enforcement powers to IPOPHL; 2) grants
enforcement powers to IPOPHL; 3) exempts non-profit reproduction of
copyrighted works for the use of visually-impaired persons; 4)
incorporates provisions of the WIPO Internet Treaties on technological
measures; and, 5) clarifies copyright infringement as well as secondary
or contributory infringement.
Bicameral Committee held at the Traders Hotel on
November 19, 2012
It may be recalled that House Bill 3184 (An Act Amending Certain
Provisions of Republic Act No. 8293 Entitled “An Act Prescribing the
Intellectual Property Code and Establishing the Intellectual Office,
Providing for Its Powers and Functions and For Other Purposes”) was
approved by the House of Representatives on May 23, 2011 while
Senate Bill 2842 (“An Act Amending Certain Provisions of Republic
Act No. 8293 otherwise known as “The Intellectual Property Code of
the Philippines” and For Other Purposes”) was approved on Third
Reading on November 5, 2012.
The Bicameral Conference Committee on the Disagreeing Provisions
of House Bill 3184 and Senate Bill 2842 was convened last November
19, 2012. The House of Representatives ratified the Bicameral
Committee last November 26, 2012 and by the Senate last December
11, 2012.
EMBARGOED FOR IPO-PHL UNTIL JUNE 30, 2015.
PREVIOUS AWARENESS AND EXTENT OF KNOWLEDGE OF
IP RIGHTS, BY AREA AND CLASS, MAY 2012
STATEMENT CARD: Intellectual property rights ang tawag sa mga legal na karapatan ng mga gumawa
ng likhang-sining katulad ng paintings and iskultura, mga manunulat o may-akda ng mga libro, kanta,
nobela at iba pang gawaing pang-panitikan, mga performers katulad ng mga aktor, singers at dancers, at
mga designers o inventors ng kagamitang pang-teknolohiya katulad ng computer programs at computer
games. Sila ay may eksklusibong karapatan na kumita mula sa kanilang mga nagawa, disensyo at
imbensyon. Ibig sabihin nito, sila ay may karapatang humingi ng bayad mula sa sinuman na gustong
gumamit ng kanilang mga nililkha o produktong nagawa.
PH
Previously aware
54%
Extensive knowledge
11
Partial but sufficient
18
Only a little
21
Almost nothing / nothing 5
Heard about it just now
46
NCR
57%
13
27
14
3
42
BAL
LUZ
53%
12
14
23
4
47
VIS
55%
11
18
22
5
43
MIN
51%
7
19
19
6
48
ABC
60%
13
22
18
6
40
D
E
57% 42%
12
6
19
13
22
18
4
5
43
56
Q218. Dati na po ba ninyong alam ang tungkol sa intellectual property rights, o ngayon lang ninyo ito narinig? KUNG DATI
NANG ALAM: Paano po ninyo mailalarawan ang inyong nalalaman tungkol sa intellectual property rights? Massasabi po ba
ninyo na ito Second Quarter 2012 Social Weather Report
May 24 27, 2012 National Survey
$
$
$
$
Survey on Intellectual Property
Awareness
$
"
In December of 2011, IPOPHL’s Business Research Group conducted a survey on copyright
piracy in all creative industries, including the book industry. It sent out questionnaires to
relevant government agencies and IP organizations to gather data and their inputs on piracy.
Based on the results of the survey, textbook piracy in the retail level, within purchases made at
the national level, is at a minimum since public schools get their books free of charge. There is
no available study or official data to determine the ratio of local to foreign textbooks used in
private schools as well as in the tertiary level given the diversity of courses. From 2008 to 2010,
the total yearly sales of the book publishing industry has decreased by an average of 52%,
however, there was no established data on the major factor affecting this decrease. There is also
no study conducted, to the knowledge of IPOPHL, on the level of book piracy in the Philippines
and the level of awareness of Filipinos on book piracy.
One of IPOPHL’s collaborations with the NBDB is the conduct of the “3rd Readership Survey on
Book Reading Habits, Attitudes, and Preferences of Filipinos”. The NBDB is the lead
government agency mandated to develop and support the Philippine book publishing industry.
It has conducted a similar survey in 2003 and 2007; and for this year, the survey included a
portion on intellectual property awareness and book piracy. The survey aimed to assess the
public’s level of awareness on copyright and other related IP rights including digital copying of
copyrighted materials; reasons or factors for preference to copy rather buy original materials;
and general perception on the effects to right holders, consumers, local industry, among others,
the unauthorized copying of copyrighted materials and to provide reference on current figures
and assessment to support the campaign against counterfeiting and piracy. The survey was
conducted to at least 1,200 statistically-representative adults in the National Capital Region,
Luzon, Visayas, and Mindanao.
One of the results of the survey was that 54% of the respondents are aware of intellectual
property rights. In addition, 78% are aware that violation of intellectual property rights is called
piracy. The television turned out to be the top source of information on anything about IP rights
apart from radio, internet, printed materials, cinema announcements, seminars and fora, and
others.
Trailblazing the Road to Protecting Philippine
Geographical Indications (GIS)
Geographical Indications
are currently protected
under the trademark system
by virtue of Section 9.1 of
Republic Act No. 8293, or
the Intellectual Property
Code, which mandated the
Bureau of Trademarks of the
IPOPHL to examine
applications and issue
certificates of registration for
geographical indications.
Not a lot of people might be familiar with the initials “G.I.”. Terms
like “government issue”, “genuine Ilocano”, or even “genuine
Ilonggo” come to mind, but for those in the IPOPHL, these letters take
on a whole other meaning. Although the concept of GIs is wellestablished internationally, in the Philippines, there is scant
awareness even among intellectual property practitioners.
GI is defined in the Agreement on Trade Related Aspects of
Intellectual Property (TRIPS Agreement) as “a good as originating in
the territory of a Member, or a region or locality in that territory,
where a given quality, reputation, or other characteristic of the good
is essentially attributable to its geographical origin.” The key element
of a GI is that the distinct and well-known characteristic of a
particular product is linked to the particular place where it comes
from. And because of this “link”, such product coming from the
specific territory enjoys a premium in the world market. A classic
example of a GI is “Champagne” for a particular kind of sparkling
wine coming from the Champagne region in Northeast France. As
Champagne is protected as a geographical indication, the use of such
name or designation is exclusively claimed, and sparkling wines not
originating from the Champagne region cannot be marketed as
“Champagne” but only as sparkling wines.
Aware of the existence of potential geographical indications in the
country, in January 2012, Director General Ricardo Blancaflor gave
marching orders to the IPOPHL GI Team to begin the initial exercise
of identifying and documenting potential GIs in the country, and then
proceed with engaging local stakeholders to rally their support and
involvement for the initiative. The Philippines already has a number
of GIs ready for protection and promotion in the international market.
Thus, members of the GI Team were dispatched to document eight (8) pilot products, namely:
(1) the Aklan Piña Cloth; (2) the Batangas Barako Coffee; (3) the Bicol Pili Nut; (4) the Bonoan
Bangus (Milkfish); (5) the Cebu Dried Mangoes; (6) the Guimaras Fresh Mangoes; (7) the Lake
Sebu Tinalak; and (8) the Lumban Barong.
Having laid down the groundwork for the eight (8) pilot projects of potential GIs, the IPOPHL
launched on February 28-29, 2012 the “Road Map on the Protection of Philippine
Geographical Indications (GI) 2012-2016” at the AIM Conference Center, Makati City. The
national forum, entitled “Branding Products on the Basis of their Geographical Origin:
Developing a GI Scheme”, brought together key players in identified industries, policy makers
and beneficiaries of the intellectual property system, in order to develop a legal framework for
protection of GIs in the country. Speakers from the World Intellectual Property Organization
(WIPO) and the European Union (EU), as well as the IP Offices of Thailand and the United
States Patent and Trademark office (USPTO), graced the forum and shared insights on
mechanisms of GI protection being adopted in the international arena.
Thereafter, the GI Team led by Director General Blancaflor himself, visited Davao to explore the possibility of
including Davao Pummelos in the portfolio of eventual GI products. The Davao Pummelo, known for its sweet,
succulent taste, has long been exported in other countries, with the Davao region still being the top producer in the
country. During the visit to Davao, the IPOPHL partnered with the DTI Regional Office, and met with the producers
and stakeholders of the Pummelo Industry to determine the potential of Davao Pummelo as a GI, in order to
strengthen its foothold in the export market. During the visit, the GI Team also met with the stakeholders of the
Davao Highlands Banana industry, to likewise explore the potential of the Banana as a GI.
The work continues for the IPOPHL GI Team, as its members also visited Tayabas City in the Quezon Province to
document the Tayabas Lambanog as a possible GI. In partnership with City Government, led by Mayor Dondi
Alandy Silang, the team conducted a forum for the distillers, retailers, and stakeholders of the Lambanog Industry to
initiate the preparatory work for eventual application as a GI. Known for its long-standing tradition of Lambanog
production and consumption, the city is a major source of the local coconut wine, which has also been exported all
over the world.
Truly, GI is a potent marketing tool that will not only give a leg-up to Philippine products already being marketed
abroad; it may also serve as the launchpad for more local products to break out into the international market. The
uniqueness of a GI product enables producers to establish a niche market, set premium prices for their goods, and at
the same time promote the geographical origin of the product and protect cultural identity and heritage. More lie in
store for GIs in the Philippines, as the IPOPHL foresees more world-class FIlipino products making their mark in
international markets through GI protection.
The wild pineapples grown in the province of Aklan thrive best in its open
fields and sandy clay soil. The plants are grown in the barrios of Banga,
Altavas, Nabas, Tangalan, and other parts of Panay Island.
The fibers extracted from the pineapple plants are considered to be more
delicate than any other vegetable fibers. These are as lustrous as silk and
can easily take and retain dyes. It also has exceptional resistance to salt,
vapor, and traction, making it the excellent choice for hand weaving.
The unique charcteristics of the Batangas Barako coffee bean include its
size and fruit-bearing qualities. It is bigger than the Arabica or Robusta
coffee beans. It thrives on a topography of irregular rolling plateaus of
slightly gradient and undulating higher gradients in the eastern and
western fringes or mountains, lake boundaries, and creek embankments.
It predominantly grows in soil consisting of decomposed volcanic tuff
materials that makes the land fertile.
Pili or Canarium Ovatum is an indigenous fruit tree crop grown primarily in
the Bicol Region. It is claimed that the Philippines is the only country that
produces pili in commercial quantity, and therefore has the monopoly of
processed pili in the foreign market. In 2005, said region accounted for
83% of the total volume of production of the fruit, with 7,046 hectares of
land dedicated to the crop, or a total of 221,250 fruit-bearing trees
recorded.
The distinct taste of the Cebu Dried Mangoes is what makes it unique, a
balanced sweet-sour taste. Only mangoes of the Carabao variety may be
used in making said delicacy. The dried mangoes reportedly contain more
concentrated nutrients than the fresh fruit as it has minerals, vitamins,
beta carotene, as well as eriocitrin, which is a lemon polyphenol and a
variety of flavonoid. It is also claimed to contain a lot of fiber that is good
for digestion. The firm and chewy consistency of the dried mangoes are
also claimed to be a unique feature of the product as well as the retention
of the fresh mango’s sweet and aromatic smell.
The incomparable quality and sweetness of Guimaras mangoes are
attributed to the soil, topography, and climate of the island. The soil is
characterized as sandy to sandy loam, is porous, and has good
drainage. It is also calcareous, meaning abundant with limestone,
calcium, or lime. The soil also contains significant amounts of borate
minerals.
Lumban town in Laguna is known to be the “Embroidery Capital” of the
Philippines. It is well known for its artisans’ unque and elaborate designs
of the Barong Tagalog, the national costume worn by Filipino men.
Lake Sebu in South Cotabato is the home of the T’boli tribe known for
their traditional woven fabric, the T’nalak. The quality of the T’nalak
cloth is primarily derived from the intricate process involved in its
production. The labor-intensive process starts from the method of
extracting the abaca fibers that are the raw materials used for the cloth.
Remarkably, the woman weavers knotting the fibers and laying out the
design have no pattern or sketch by which to copy from. They design
the cloth from the memory of their dreams and have been known to be
accurate in their measurements despite the absence of tools.
Bonoan in the province of Pangasinan is weel known for its bangus or
milkfish. Fishponds in this area are said to have less phosphrous
content and therefore present ideal conditions for milkfish cultivation.
As the town is near the opening to the sea, the frequent flushing of the
rivers and the fishponds due to perennial flooding frees the bottom of
the ponds from hydrogen sulfide causing micro-organism, which when
coupled with a steady diet of algae make the Bonoan bangus taste
special.
Protecting the Intellectual Property of Indigenous Peoples
Traditional knowledge (TK) generally refers to the longstanding traditions and practices of indigneous peoples
while Traditional Cultural Expressions (TCEs) refer to the music, art, designs, names, signs and symbols,
performances, architectural forms, handicrafts and narratives of indigenous peoples. The role of intellectual
property in relation to these economic and cultural assets has recently been recognized in the international
policy arena.
The Philippines has a population of 94 million people. An estimated 14 to 17 million of these people belong to
the 110 indigenous ethno-linguistic groups. These communities own large bodies of traditional knowledge that
have been practiced over hundreds of years. Much of this knowledge has proved to be culturally and
commercially valuable. Yet, many of these communities are often described to be the poorest and most
marginalized in Philippine society because their ancestral lands, resources and knowledge are being exploited
without proper benefits flowing back to the community. In the Philippines, these communal intellectual rights
are protected by several different laws.
Firstly, the Indigenous Peoples Rights Act (IPRA) of 1997 forbids the taking of a community’s cultural,
intellectual, religious and spiritual property without their free and prior informed consent (FPIC) or in violation
of their laws, traditions and customs. This law is administered by the National Commission on Indigenous
Peoples (NCIP). Secondly, the National Cultural Heritage Act of 2009 mandates the creation of the Philippine
Registry for Cultural Property (PRECUP) in order to preserve the national cultural heritage. This law is
administered by the National Commission for Culture and the Arts (NCCA), in coordination with the cultural
agencies and local government units. Thirdly, some forms of traditional cultural expressions and traditional
knowledge may be protected under the Intellectual Property Code through copyright, related rights,
trademarks, geographical indications, patents and designs. This law is administered by the IPOPHL.
Because the laws are diverse as the communities they try to protect, the IPOPHL, NCIP and the NCCA entered
into an agreement on June 27, 2011 to work closely together, creating the Tripartite Technical Working Group
(TTWG) for the protection of the intellectual property of indigenous peoples (IP of IPs). The TTWG is dedicated
to studying the issues involved and formulating unified policies and programs for the protection of the
communal intellectual rights of these indigenous peoples. They also coordinate their efforts and expertise in
organizing activities and establishing programs to protect the intellectual property rights of the indigenous
peoples. Following the signing of the Memorandum of Agreement, the TTWG conducted a Basic Orientation
Seminar on the Protection of Intellectual Properties of Indigenous Cultural Communities on the same date to
launch the initiative.
To date, the TTWG is looking into the possibility of creating a Philippine Registry of Cultural Property to be
maintained by the NCCA under the National Cultural Heritage Act of 2009 and a Registry of Indigenous
Knowledge Systems and Practices in accordance with NCIP Research and Documentation Guidelines. The
group is also coordinating with the Department of Foreign Affairs (DFA) on the Philippines’ position on the
ongoing WIPO discussion on the possible international instrument on the protection of traditional knowledge,
which the IPOPHL fully supports. IPOPHL is also continuing its studies of the current IP system on how to
effectively address the protection of traditional knowledge i.e. IPOPHL’s function of accepting deposits of
copyrighted works that may infringe on traditional knowledge of the indigenous peoples.
“We have to empower our IPs for them
to assert their right and role in the
preservation of their rich heritage.”
Hon. Loren Legarda
Senator of the Republic of the
Philippines
Sen. Loren Legarda delivers the keynote address at the Forum on
Intellectual Property and Traditional Knowledge held on March 2122,2012 at the National Museum. Seated from left are Mr. Wend
Wendland (WIPO), Chair Zenaida Brigida Hamada-Pawid (NCIP),
Director General Ricardo Blancaflor, and Executive Director Jeremy
Robert Barns (National Museum)
Forum on Intellectual Property and Traditional Knowledge
Building on the positive response from the initiatives in 2011, the IPOPHL, WIPO, NCCA,
NCIP and the National Museum co-organized a Forum on Intellectual Property and Traditional
Knowledge on 21-22 March 2012. The forum was designed to give the community leaders,
tradition-bearers and policy-makers a chance to learn about the challenges and successes
encountered in protecting the IP of indigenous peoples in the Philippines and learn from the
experiences of other countries. With the union of ideas and experiences, the participants were
able to examine the Philippine situation closely and started working on crafting a proper
customized system for the protection of the IP of our indigenous peoples. Senator Loren
Legarda, Chairperson of the Senate Committee on Cultural Communities and WIPO Director
General Francis Gurry graced the forum and delivered inspirational messages. Along with the
conduct of the seminar, Senator Legarda launched her textile exhibit featuring the crafts done
by the indigenous peoples of the Philippines. Participants to the forum included IP community
leaders, government officials, and members of the academe and non-government organizations.
Officials from the WIPO, NCIP, NCCA, National Museum, and organizations catering to the
welfare of the indigenous peoples were also present and talked about the legal landscape of
protecting traditional knowledge, traditional cultural expressions, and genetic resources.
In her speech, Sen. Legarda touched on the importance of protecting the creative heritage of
Philippine tribes. She shared that she hoped the project being undertaken by the State
Universities and Colleges (SUCs) in the Cordillera Administrative Region (CAR) to document
the indigenous knowledge systems and practices in agricultural and environmental protection
in their area would be replicated in all regions. She urged the public to give the IPs the
recognition that is due them and to allow them to benefit from their knowledge and their work.
As Chair of the Senate Committee on Cultural Communities, Sen. Legarda has filed Senate Bill
No. 2831 or the Traditional Property Rights of Indigenous Peoples Act, which seeks to make an
inventory of all cultural properties and mandate the payment of royalties to the IPs for the use
of these cultural properties.
The Director of the WIPO TK Division, Mr. Wend Wendland served as the overall moderator for the forum and he was
able to share to the participants the basics of TK protection and TK initiatives on the international level. Mr. Basilio
Wandag of the NCIP discussed the pertinent provisions of the Indigenous Peoples Rights Act, Traditional and Alternative
Medicine Act, and Wildlife Resources Conservation and Protection Act. Atty. Ma. Tanya Katrina Lat of the NCCA
provided the experience and issues encountered on the economic utilization of TCEs. The TTWG and the WIPO invited
expert representatives from India and Malaysia, Ms. Anuradha R.V. and Prof. Heng Gee Lim, to provide the participants
with their country’s experience on protecting traditional knowledge.
The participants were then divided into groups to discuss about TK protection in the Philippines and what they visualize
TK protection to be by 2020. In summary, the following were the answers from the workshop: uphold indigenous
values, primacy of the IPRA, participation of indigenous peoples in policy making, preservation of traditional practices
and the ancestral domains, integrate customary law with TK-related laws, education and awareness, legislation,
documentation and creation of databases, benefit sharing and moral rights, good governance, productive and fair
commercialization, and balancing indigenous rights with other rights.
Increasing the Profile of IP in the Country
The Director General of the World Intellectual Property Organization, Dr. Francis Gurry, visited the Philippines on 22-24
March 2012. Director General Gurry’s trip to the Philippines was the first official visit of a WIPO Director General in the
country.
Dr. Gurry’s visit was one of the initiatives of the IPOPHL at raising intellectual property consciousness to the highest
levels of decision-makers across the three branches of government, as well as private stakeholders who drive business
and innovation. The visit was a high profile event aimed at helping the IPOPHL in developing more IP advocates at the
horizontal and vertical levels of government and from the business, academic, and scientific communities. With more
advocates driving innovation, the IPOPHL will be able to achieve its goal of a 3D (Democratized, Demystified,
Development-oriented) IP System in the Philippines by 2020. A 3D IP System in the country will spur innovation and
growth and lead to job creation for more Filipinos.
Dr. Gurry was received by President Benigno S. Aquino III in Malacañan Palace. They discussed, among others, the
country’s accession to the Madrid Protocol and the role of intellectual property in innovation. The courtesy call on the
President by Dr. Gurry sends a message to the whole world, especially the Philippines’ major trading partners, of the
level of importance the country has placed on intellectual property.
Dr. Gurry’s visit coincided with two major events co-organized by the IPOPHL and WIPO, the High Level Forum on
Access to Technology for Innovation (National Competitiveness Council) and the Forum on Intellectual Property and
Traditional Knowledge (in partnership with the National Commission on Indigenous Peoples [NCIP], National
Commission on Culture and the Arts [NCCA], and the National Museum). In addition to the two fora, the IPOPHL also
launched the Innovation and Technology Support Offices (ITSOs), which is being supported with the assistance of WIPO.
The IPOPHL also launched the Patent Protection Incentive Package (PPIP) or Juan’s Thousand Patents, an initiative linked
to the ITSOs. It is intended to further encourage patent activity by providing the necessary finances to pay for the official
fees associated with patent filing and prosecution as well as the maintenance of patents throughout their lifetime.
In addition to the courtesy call on the President, Dr. Gurry also met with Vice President Jejomar Binay, as well as
Department of Trade and Industry Secretary Gregory Domingo. During the reception and the fora, Dr. Gurry also met
other government officials, business leaders, members of the academic community, and the diplomatic corp.
Dr. Gurry’s visit highlighted the need for the three branches of government to champion intellectual property as a tool for
economic development, the importance of access to technology for innovation as an indispensable component in
national development, and the need transparency and integrity of the IP administration in the country to inspire
confidence in the IP system and encourage more patent and trademark filings with IPOPHL, which in turn will contribute
to a more robust economy in the country, and the requirement of business for global IP infrastructures that make IP
protection easier and more cost-effective.
Assistant Director General Yo Takagi of the WIPO visited the Philippines to deliver presentations at the National Seminar
on International Trade Issues and Intellectual Property Rights, a forum that sought to stimulate discussions on the role of
intellectual property in national development and the interface between international trade issues and intellectual
property rights. Mr. Takagi presented WIPO’s technical assistance in infrastructure building and in helping countries
comply with their obligations under the Agreement on the Trade Related Aspects of Intellectual Property Rights
(TRIPS). Mr. Takagi’s sector, the Global IP Infrastructure, is also in charge of two of the major projects of the IPOPHL—
the Establishment of the Innovation Technology Support Offices (ITSOs) and the Implementation of the Industrial
Property Automation System (IPAS).
The year 2012 for ended on a high note for IPOPHL, with Mr. Geoffrey Onyeama, Deputy Director General,
Cooperation for Development, of the WIPO visiting the Philippines on 5-7 December 2012. Mr. Onyeama was the third
high-ranking officer of WIPO to visit the country after Director General Francis Gurry in March and Assistant Director
General Yo Takagi in November.
Mr. Onyeama delivered keynote address at the final activity of the Innovation Technology Support Offices for the year,
the WIPO Workshop on Intellectual Property and Technology Management for Universities and Research and
Development Institutions. He also met with policy makers and IP stakeholders who help shape the development of IP in
the country. Mr. Onyeama also graced the launch of the IPOPHL's flagship project, the Industrial Property Automation
System (IPAS).
Accession to the Madrid Protocol
Relevant and responsive
legislation is the first step
to effective IP
administration and
enforcement. The ability
of government agencies
to respond to IP related
challenges and problems
are defined, prescribed,
and limited by laws
passed by the Legislature.
The Republic of the Philippines is now a member of the Protocol
Relating to the Madrid Agreement Concerning the International
Registration of Marks (Madrid Protocol). President Benigno C. Aquino
III signed the instrument of accession on 27 March 2012, which was
deposited with the World Intellectual Property Organization (WIPO)
on 25 April 2012. The Philippines is the first of four countries to
accede in 2012 and is the 85th Contracting Party to the Protocol. The
Madrid Protocol entered into force in the country on July 25, 2012.
The Madrid Protocol is an international filing system that facilitates
the registration of marks in several countries through a single
application filed with the IPOPHL. It simplifies the protection of marks
outside the Philippines and reduces the cost of registration. The
major trading partners of the Philippines—Japan, United States of
America, People’s Republic of China, Singapore, Republic of Korea,
Germany—are all members of the Madrid Protocol.
The Philippine accession to the Madrid Protocol is essential in making
the country globally competitive. By membership in the Madrid
Protocol, the Philippines opens its doors to all 87 other Madridmember countries, the economies of which constitute most of
international trade. Foreign businesses interested in establishing their
businesses in the Philippines will be encouraged by the ease of
protecting their marks in the country. More importantly, accession to
the Madrid Protocol will help Filipino entrepreneurs protect their
brands as they expand into international markets since financial and
administrative costs are considerably reduced.
Accession by the Philippines to the Madrid Protocol was not only supported by but vigorously
endorsed by the Philippine Chamber of Commerce and Industry (PCCI), Makati Business Club (MBC),
Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc. (FFCCCII), American
Chamber of Commerce of the Philippines (AMCHAM)/Joint Foreign Chambers of the Philippines (JFC),
the Philippine Retail Association (PRA), Association of Filipino Franchisers, Inc. (AFFI), and the
Federation of Indian Chambers of Commerce Philippines, Inc. (FICCI). The Departments of Science
and Technology and Trade and Industry also concurred in the accession to the Protocol.
After the Philippines joined the Madrid Protocol, the IPOPHL held a series of trainings to help the IP
attorneys and the trademark owners become familiar with and actively use the system. Over a period
of three months, the IPOPHL conducted over 200 hours of training for more than 300 lawyers and
trademark owners. The IPOPHL officers also made themselves available for individual consultations
on Madrid Protocol.
Since the Madrid Protocol entered into force, twenty-two (22) applications were received by IPOPHL
as office of origin. These Madrid applications are equivalent to 131 foreign applications
worldwide. On the other hand, 209 international registrations designating the Philippines have been
received so far.
The Philippines is currently the ASEAN Country Champion for Madrid Accession by the other Member
States, and is leading the Madrid activities in the region. The Philippines has also been asked to
participate in Madrid activities under the auspices of the WIPO Australia Funds-in-Trust Programme as
an Assisting Country to others countries in the region seeking to accede to the Madrid Protocol.
First Wave of Madrid Filers:
Human Resource Development
IPOPHL boasts of being an
innovative and learning
organization that provides not
only skills and competencies
development programs but
also programs that enrich
employees’ knowledge and
experience of culture and the
arts.
IPOPHL, thru various training institutions like the Career Executive
Service Board (CESB) and the Development Academy of the
Philippines (DAP), provided training and scholarship programs to
select executive committee members and division heads and lawyers
of IPOPHL.
The following were the programs initiated by the aforementioned
institutions and administratively handled by the Human Resource
Development Division of IPOPHL:
The CESB Executive Leadership Program is currently the foundational
training program for the Career Executive Service Officers and third
level eligibles. It was participated in by select 3rd level eligibles of the
Office to raise the level of their competency and develop in them a
deeper sense of commitment to public service. The Office also sent a
representative to DAPs Public Management Development Program.
This program is a 36-unit Master’s degree program intended for midlevel managers that aim to develop their strategic and leadership
skills in preparation for positions of greater responsibility in their
institutions.
IPOPHL sent more than 130 of its employees to attend employee
development programs, technical and scientific programs, and local
scholarship programs. Aside from these, IPOPHL continued on with
its established work-life balance programs such as the IPOPHL
Chorale and Workout@Work Programs. In fact, the IPOPHL Chorale
performed for guests and foreign/local seminar participants and even
performed on television for a top-rating morning show.
IPOPHL Shootfest
2012 at Camp Crame
The IPOPHL Chorale performed for the guests
during the launch of the Industrial Property
Administration System (IPAS) at the Manila
Peninsula on December 6, 2012.
Aside from the Workout@Work Program, IPOPHL
employees also participated in Fun Run events, which were
held by various organizations as part of its social
responsibility. As part of the Gender and Development
(GAD) responsive program of the office and in order to uplift
the health condition and to protect female and male
employees as well from debilitating illness that may hamper
work, a reproductive health program through vaccination,
was held this year and provided to 200 officials and
employees. The activity aimed at preventing the spread of
HPV, the microbes that cause genital warts; a highly
contagious sexually
transmitted disease that
are
approximately as prevalent in men, and cervical cancer, a
disease that affects the reproductive system of women.
To effectively implement a comprehensive training plan, the
HRDD did a TNA process that gathered necessary data and
extracted information to properly identify training and
developmental programs that fit each official and employee
in the Office.
IPOPHL Loyalty Awardees for 2012
(15-25 years in service)
Currently, the HRDD is completing and updating necessary
data that will be essential for the finalization of the training
calendar.
Director General Blancaflor toasts
Team IPOPHL Awardees for 2012
TEAM IPOPHL Awardees form L-R:
Atty. Jesus Ros, Mr. Martin Cagoco, Atty. Jennifer
Laygo, Ms. Noemi Calata, Atty. Chester Cinco, Atty.
Edwin Dating, Ms. Lourdes Alabarca, Mr. Eric
Lanado, Director General Ricardo Blancaflor, Ms.
Vina Liza Cabrera, Dr. Epifanio Evasco, Ms. Sheila
Samson (representing Atty. Robert Samson), Atty.
Lolibeth Medrano, Atty. Louie Calvario, Atty. Leny
Raz, Mr. Frisco Guce, Atty. Ma. Corazon Marcial, Ms.
Carmen Peralta, Atty. Allan Gepty, and Atty. Andrew
Ong
Financial Planning, Budgeting, and Forecasting Training
Financial planning is one of the crucial components of an effective and efficient financial
program, hence, IPOPHL ensured that its officials and key personnel involved in planning and
management acquired the needed skills and competencies on financial modeling and
forecasting. With the assistance of the WIPO and IP Australia, IPOPHL organized and
conducted the Training on Financial Planning, Budgeting, and Forecasting held last 5-9
November 2012. Mr. Kieran Sloan, Director for Budgeting and Reporting under the Corporate
Services Group of IP Australia, delivered the lectures and shared his expertise and experiences to
IPOPHL.
The training focused on the following areas: revenue forecasting and modeling, expenditure
forecast modeling, activity-based costing, cost recovery analysis, and overview of the Australian
Government budget process. The training aimed to:
conceptualize and establish an effective and efficient financial management program
that would allow timely reviews of actual achievements against forecasts and initiate
decisions to align resources on a timely basis to more profitable activities;
have a complete understanding and firm grasp of IPOPHL's cost structure and revenue
streams;
execute right financial decisions on investments and capital expenditures and planning
for future disbursements and capital outlays;
correlate financial projections to increase or decrease in the volume of applications
make financial projections that takes into account various scenarios in the environment.
Participants to the Training on Financial Planning, Budgeting, and Forecasting
with Mr. Kieran Sloan of IP Australia held on 5-9 November 2012
Training on Financial Planning, Budgeting, and Forecasting held on 5-9
November 2012
ISO Certification Program
Adopting the ISO 9001:2000
QMS will institutionalize
structure, mechanisms and
standards for a systematic
approach in managing the
processes of an organization.
The government of the Philippines, through Executive Order
(E.O.) No. 605, s. 2007 pursues the adoption of the ISO
9001:2000 Quality Management System (QMS) as part of the
implementation of a government-wide quality management
program. All government agencies are directed to establish
quality management system with demonstrated conformity to ISO
9001:2000 and the applicable Government Quality Management
System Standard (GQMSS).
In compliance with the said directive and in conjunction with the
IPOPHL's thrust to continually improve organizational
productivity and effectiveness, and to promote professionalism
and stronger work commitment of its employees from all levels of
the organization towards providing better service to its clients,
the IPOPHL initiated the establishment of its QMS certifiable to
ISO 9001:2008 in January 2012 in coordination with the
Development Academy of the Philippines (DAP).
Through Office Order No. 172, s. 2011, the ISO 9001:2008 QMS
Project Core Team was created composed of the following: (i)
QMR; (ii) Deputy QMR; (iii) Training and Education Team; (iv)
Document and Records Team; (v) Internal Quality Audit Team;
and (vi) Quality Workplace Team. The ISO Core Team was
tasked to oversee and coordinate with the DAP the different
components of the project.
The ISO Core Team drafted various documents to institutionalize structure, mechanisms
and standards for a systematic approach in managing the processes of the IPOPHL.
These documents include: (i) Quality Manual; (ii) Quality Policy; and (iii) five (5)
mandatory quality procedures.
An IQA Team was also formed to ensure that the IPOPHL QMS is effectively
implemented whose tasked are stipulated in IPOPHL QP-03 (Internal Quality Audit
Procedure).
Identified personnel from different bureaus/office/units also contributed in the crafting of
their respective Quality Objectives and Standard Operating Procedures.
After months of preparation, the third party auditor announced on December 27, 2012
that IPOPHL is certifiable to ISO 9001:2008.
INTEL LE CTUAL PR OP ER TY OFFI CE OF THE P HIL IP PINES
#28 In tellectual Pr oper ty Cent er
Upper McKi nley Road , M cKin ley Hi ll Town Cen ter
For t B oni faci o, Tagui g Ci ty 16 34 Ph ili ppin e s
Te le ph on e # :
(632) 238-6300
Fax #:
(632 ) 553-9 480
We b Add re ss:
E-m ail Add re ss:
www .ipophil .gov.ph
m ail@ i po ph i l.gov. ph
plan ni n goffi ce @i pophi l.g ov.ph
Project Manager: Mr. Eric Lanado
Article Contributors:
Atty. Andrew Michael Ong
Atty. Corazon Marcial
Atty. Lolibeth Medrano
Atty. Nathaniel Arevalo
Dir. Carmen Peralta
Sherryl Yuki
Angelica Jalasco
Atty. Jennifer Laygo
Atty. Irma Morcillo
Atty. Chester Cinco
Atty. Louie Calvario
Allan Yorro
Emmelina Masanque
Rosa Fernandez
Atty. Jennifer Trinidad
Cover photo by: Atty. Mark Robert Dy
Cover design by: Sheryl Tañon
Inside Pages Layout by: Sherryl Yuki
Inside photos by: Jefferson Acierto
Sheryl Tañon
Aljen Chu
Gladys Upo
Atty. Mark Dy
Sherryl Yuki
Angelica Jalasco
GI Team
Atty. Jennifer Laygo
ISO Secretariat
Atty. Andrew Michael Ong
Copyright Team
ADR Team

pdf - Intellectual Property Office

Transcription

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