manila bulletin special section on the 14th anniversary of ra8293, philippine intellectual property...

8/6/2019 Manila Bulletin special section on the 14th Anniversary of RA8293, Philippine Intellectual Property Code

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Fourteen years ago today marked a milestone in Philippine history when we as a nation resolved to secureto ourselves the fruits of our ingenuity. As we celebrate the 14th anniversary of the passage of Republic Act No.8293, otherwise known as the Intellectual Property Code of the Philippines (IP Code), we reect on how farwe have gone and how much we have achieved as a progressive and development-oriented nation. Since 1826when the Patent Law of Spain protected Filipino creativity and innovation, the work of our scientists, inventors,artists and gied citizens has paved the way to greater heights from biofuels, consumer electronics, exquisitelydesigned furniture, solar-powered cars, and housing solutions, to globally recognized Filipino brands andworld-class legends and performances.

The work of the Intellectual Property Philippines (IPOPHL) involves the preservation of this long-standingculture of creativity and innovation by promoting the use of intellectual property as a tool for nationaldevelopment and progress. We endeavor to democratize the IP system by bringing it closer to our stakeholdersin every region in the Philippines.

Recognizing the great innovative potential of our national universities, the IPOPHL has embarked on thepioneering work of establishing a network of Innovation and Technology Support Oces (ITSOs) or patentlibraries. These facilities aim to provide Filipinos access to global science and technology information in order toprevent duplication of product development and research since information on the state-of-the-art will already

be accessible. To date, 28 Universities and R&D Institutions located all over the country host the patent libraries, including: the Universityof Santo Tomas, Dela Salle University, University of the Philippines-Manila, Ateneo De Manila University, Benguet State University, VisayasState University, and Mindanao University of Science and Technology.

The establishment of Intellectual Property Satellite Oces (IPSOs) in strategic areas in the country also makes IP services more accessibleto IP stakeholders in the regions. We continue to bring the IPOPHL closer to our inventors, artists, students and entrepreneurs outsideManila, as they can now avail of our services in locations nearer to them. IP owners may now le their trademark, invention, utility modeland industrial design applications in any of the ten (10) IPSOs located in Tuguegarao, Baguio, Angeles, Legaspi, Tacloban, Iloilo, Cebu,Cagayan De Oro, Davao, and General Santos.

However, these undertakings are just components of a larger endeavor to make IP relevant to Filipinos. Ours is a people innately creative,ingenious, innovative, and talented. The challenge now is to ensure that the fruits of our ingenuity are not misappropriated. IPOPHL iscommied to meet this challenge head-on, faithful to its mandate to promote intellectual property rights as a catalyst for progress and a

powerful driving force in the new economy. Ay. Ricardo R. BlancaorDirector General

Intellectual Property Oce of the Philippines

Suite 207 Greenhills Mansion # 37 Annapolis Street

Greenhills, San Juan CityTel: ( 632 )725-0770 Fax: ( 632 )725-0786

Email: [email protected]

June 6, 2011 - 14th Anniversaryof the Intellectual Property Code

As we celebrate the anniversary of theenactment of the Intellectual PropertyCode of the Philippines, we are remindedof the fact that the world has changedsignicantly because of the intellectualcreations generated constantly by artists,inventors and other creative people.However, these creations need to be fedinto a system that rewards creators andincentivize more creations, which willtranslate to more jobs and more businessstart-ups, as well as new professions and

industries and, ultimately, a more sustainable economy and a vibrantculture for innovation. This is the intellectual property system.

This is why at IPOPHL we aspire for an Intellectual PropertyConscious Philippines, so the IP system can truly reward,recognize, and promote the Filipino creativity in a demystied,development-oriented, and democratized IP System. Its our 3DVISION for IP.

A demystied IP system exists when every Juan knows howto use their IP in their work, business and careers, because theIP system is pragmatic, relevant and logical. It is neither fearednor awed. A development-oriented IP system contributes tothe economy because IP is used as a tool to generate economicopportunities and help alleviate poverty. While in a democratizedIP system, IP policies and programs become a concern of everyone,and many take part in shaping the system to benet the most.

From the time the IP Oce was established pursuant to theIP Code, there have been many challenges in administering agrowing IP registry and maintaining a well-balanced IP system.No doubt that building national IP consciousness will even bemore challenging, but with the relentless eorts of the DirectorGeneral, Ricardo Blancaor, and the fortitude of many behind andaround IPOPHL, I am condent that the state policies enshrined inthe IP Code will continue to be pursued with even greater audacity especially now that our vision has become 3D!

Ay. Andrew Michael S. OngDeputy Director General

Operations, IP Policies and International Relations

As we work together towards socio-economic development in this competingworld, let us not forget to make use of avery potent tool intellectual property.Aer all, Filipinos are indeed one ofthe most intelligent, talented, andinnovative people in the world. We mayhave limited resources but through ourpeoples creativity and industry, we can

be competitive and successful.

In business alone, the competition isrelentless. From business concepts, market research, productdevelopment, production, promotion to sales, success is notsimply about percentage and numbers. It is about sustainabilityand growth. Through the intellectual property system, one can becompetitive and ahead of the race. Coupled with a good product,sustainability, and growth is almost always guaranteed. Thus,we must constantly be aware of this valuable tool, conscious of

its ecacy and consequences. Always mindful that it is an assetwe should use and at the same time respect.

As IPOPHL celebrates the 14th year anniversary of theIntellectual Property Code of the Philippines, it has embarkedon a more challenging mission. Just as we promote the use ofthe intellectual property system, we will also ensure eectiveenforcement of intellectu al property rights. This may be aherculean job but we only need persistence and focus to get thisdone. With this, I congratulat e and thank IPOPHLs employees,its partners and stakeholders, and all those who continuouslysupport us on this noble work and advocacy.

Ay. Allan B. GeptyDeputy Director General

Management and Support Services

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES[Republic Act No. 8293 June 6, 1997]

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE

AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE

IP Philippines VisionAn Intellectual Property-conscious Philippines in a demysed,development-oriented, and democrazed IP System by 2020

(2020 VISION: 3D IP)

IP Philippines MissionWe are a knowledge-driven government organizaon that workstowards economic, technological, and socio-cultural developmentby communicang, enabling, and ensuring the eecve use of theIntellectual Property System in all levels of society for the creaon,protecon, ulizaon, and enforcement of Intellectual Property.

IP Philippines Strategic Goals

SG1 Deliver quality and mely patents, trademarks, and other registraons

SG2 Provide speedy, quality, and eecve legal remedies and be theforum of choice for IP dispute resoluon

SG3 Provide IP-related business development and technology transfer services

SG4 Instuonalize copyright support services

SG5 Increase the level of appreciaon of, respect for, and ulizaon of IP

SG6 Lead the advocacy for legal and policy infrastructures to addressemerging naonal and global demands of the IP system

SG7 Develop and maintain a highly-movated, competent, andcohesive workforce commied to serve with professionalism,transparency, and integrity

SG8 Provide a conducive work environment that supports professionalgrowth and promotes work-life balance

Digital piracy is theinfringement of copyrightswithout using hardmedia. Material includesrecorded music, motionpictures, software, booksand journals, and otherrecorded performancescovered by copyright.

Digital piracy in thePhilippines, for the most part,is indirect, the benefciaryof globalization rather thanlocal application of latesttechnologies. Where otherSoutheast Asian countries areusing peer-to-peer services andother high-tech means of sellingpirated goods, the Philippinesimports them on media.This piracy impacts many areas:it sties innovation and growth,promotes criminal activities,shifts employment, lowersforeign direct investment, anddirectly affects consumers.Most important, however, isits effect on government in theform of corruption.

Monetarily, the softwareindustry alone lost $217 Millionin 2009 with a 69% piracyrate. And $112 Million waslost during the same periodin records and music with a

piracy rate of 83%. Various justifcations are given toexplain this widespread piracy:unreasonable prices for thereal thing, its just a game (sayhackers), the person on thestreet cant afford the real thing,and its not really a crime; itsmore like Robin Hood stealingfrom the excessively rich togive to the poor.

Nevertheless, it is, indeed,a crime and a healthypercentage of those betweenthe ages of 21 and aboveknow it full well. Even so, asowner costs go down, so dothe costs of counterfeiters, sothe problem continues.

The Philippine government

and international bodies are not standing byidly. The Philippines has enacted as many asfour laws, the latest being the Anti CamcordingAct of 2010. And agreements put in place byinternational bodies number at least fve.

IPOPHL will continue searching for solutions.

Why is digital piracy a commercial, economic,

and social concern?

Larry Brouhard


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June 6, 2011 - 14th Anniversary of the Intellectual Property Code

Register your intellectual property now.Contact your nearest IP field specialist

Region IP Field Specialist / AddressPhone

Numbers

National Capital Region (main) Fely JarataArea Manager, NCR and Region VIntellectual Property Ofce of the Philippines, #28 Upper McKinley Road, McKinley Hill TownCenter, Ft. Bonifacio, Taguig City

(02) 751-0395

Cordillera Administrative Region Jeanne Dugui-esDTI - Cordillera Administrative RegionGround oor, Jesnor Building, #4 Carino Street, Baguio City

(074) 442-6185

Region 2 - Cagayan Valley NERBAC Bldg., DTI Region 2 Regional Government Center, Carig Sur, Tuguegarao City (078) 846-7466

Region 3 - Central Luzon Arnel A. Diego2/F Angeles Business Centre, Teresa Avenue, Nepo Mart Complex, Angeles City, Pampanga

ABN Plaza, 2nd oor, MacArthur Highway, Sindalan, San Fernando, Pampanga

(045) 625-9290

(045) 860-4625

Region 5 - Bicol Sarah C. DeleozDTI Regional Ofce V

3/F Capitol Annex Bldg., Old Albay District, Legazpi City

(052) 480-5721

Region 6 - Western Visayas Ground Floor DTI Building, J.M. Basa-Peralta Streets, Iloilo City (033) 335-0548/335-0060

Reg ion 7 - Cent ra l V isayas Jeonero B . Bol lozosUnit 311 WDC Building, Osmea Blvd. corner P. Burgos St., Cebu City

(032) 255-0037/412-1868 local 209

Re gi on 8 - Ea ste rn Vi say as R& L F er na nde z B ldg ., #78 5 S eas ide , F ati ma Vi ll age , Tac lob an Ci ty, Le yte ( 053 ) 32 3- 568 0

Region 10 - Northern Mindanao Regybelle Joy P. FuentesNACIDA Building, Corrales St. cor. A. Luna St. 9000 Cagayan de Oro City

0927-285-4724

Region 11 - Southern Mindanao Marie Lou M. Gabiana4/F, Mintrade Building, Monteverde Avenue corner Sales Street, Davao City

(082)224-0511local 417

Re gi on 12 - So cc sks ar gen J es se l P. Ori gi na lGround Floor, R.A. Building, South Osmea St., General Santos City

(083) 552-8385 /553-1033

What is a Trademark?A mark is any visible sign that distinguishes the products or services of an enterprise.Brands are protected as trademarks after registration with the IPOPHL.

What is a Patent?A patent is an exclusive right granted to an owner for a product, process or aninnovation. This is granted by the State through registration with the IPOPHL.

What is Copyright?Copyright pertains to the rights of authors and creators over their literary and artisticworks. These works include writings, music, lm, photography, multi-media,

paintings, sculptures, and performances.

Register your trademark, patent or copyright with the IPOPHL now.Contact Fely Jarata 0917-513-5709 or Rosa Fernandez 0917-513-5715.

Visit our website at www.ipophil.gov.ph

Legal AffairsThe IPOPHLs Bureau of Legal Affairs hears and decides opposition to the application forregistration of marks; cancellation of trademarks; cancellation of patents, utility models,and industrial designs; and petitions for compulsory licensing of patents. It also exercisesoriginal jurisdiction in administrative complaints for violations of laws involvingintellectual property rights provided, that its jurisdiction is limited to complaints where thetotal damages claimed are at least two hundred thousand pesos (Php 200,000).

Alternative Dispute ResolutionIPOPHL offers mediation and arbitration as alternative modes of dispute resolution. Mediation is a process of

settling disputes with the help of a third neutral party called the mediator. The mediator handles the opposing

parties and skillfully enjoins them to cooperate in order to come up with a mutually satisfactory settlement of

their dispute. Mediation resolves disputes quickly and efciently as parties work together with the mediator

in nding a solution to their problem to benet both parties. In arbitration, parties refer the dispute to one

or more persons by whose decision they agree to be legally bound. Its objective is the nal disposition of

disputes in a speedy and inexpensive way.

Call the IPOPHL at (02) 238-6300 or visit us at the Intellectual Property Centre

#28 Upper McKinley Road, McKinley Hill Town Center, Fort Bonifacio, Taguig City

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Microsof Supports IPOPHL in its 14th AnniversaryLauds IPOPHL for its eorts to promote and uphold the intellectual property rights

of businesses and companies in the country

June 6, 2011, Manila, Philippines Microso Philippines conveys its support to the Intellectual PropertyOce of the Philippines (IPOPHL) as it celebrates the 14 th anniversary of the signing of the Republic ActNo. 8293 of June 6, 1997, which is an act prescribing the intellectual property code and launching theintellectual property oce.

The 14th anniversary of the Intellectual Property Oce of the Philippines is a milestone in the countrysaim to promote intellectual property amongst the people. We are pleased to have the opportunity to workwith them in pushing for the protecon of intellectual property rights of various businesses and individuals inthe Philippines, said John Bessey, Managing Director, Microso Philippines.

This years celebraon focuses on trademark registraon, which helps disnguish an entys mark fromthe others in the business and to prevent them from using like or similar ones. The law was signed byformer President Fidel V. Ramos in 1997 and took eect in 1998.

We are happy that we have partners who support our endeavors and help push for the awareness of

intellectual property rights in the Philippines. Having strong Intellectual Property Rights protecon is good forthe country because it is the key to healthy innovaon and helps spur the creaon of jobs, said Ay. RicardoBlancaor, Director General, Intellectual Property Oce of the Philippines.

IPOPHL is a government organizaon that aims to achieve economic and socio-cultural developmentby educang the people of the eecve use of the intellectual property system. Intellectual property isimportant for economic growth and development, the promoon of innovaon, success of local companies,and for consumers and the society at large.

Microso believes that the naon needs stronger IP protecon to ensure the economy and industrysabilies to innovate and help the government generate tax revenue through the legimate sale and tradeof genuine soware. We, at Microso, will connue to push for eecve IP regulaons and support theIntellectual Property Oce in this endeavor, promised Bessey.

June 6, 2011 - 14th Anniversary of the Intellectual Property Code


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June 6, 2011 - 14th Anniversary

of the Intellectual Property Code

Supplement contributors:

Atty. Sara Jane Suguitan

Atty. Mark Robert Dy

Atty. EJ Labro

Atty. Mayette Dagsa

Atty. Jennifer LaygoLarry Brouhard

Aljen Chu

Josephine Santiago

Kristine Joy del Valle

Emmelina Masanque

Cynthia Lorenzo

The Future ofTradition

Teaming up with the National

Commission for Culture and the

Arts (NCCA) and the National

Commission on Indigenous Peoples

(NCIP), the Intellectual Property

Ofce of the Philippines (IPOPHL)is exploring the possibility of

establishing a system to protect the

communal intellectual properties

of Philippine indigenous cultural

communities. These properties

include traditional knowledge,

traditional cultural expressions

and genetic resources. Examples

of these are hilot, folk music

and healing rituals.

This month, the three agencies are looking to create a tripartite technical working

group dedicated to the protection of this special type of intellectual property

rights. The three agencies are currently in talks to formalize the partnership by

signing a memorandum of agreement which would reinforce the governments

commitment to addressing the need to preserve the Filipino traditional heritage.A joint basic orientation seminar on intellectual property will then tackle

traditional knowledge, traditional cultural expressions, cultural anthropology,

indigenous knowledge systems and practices, communal intellectual rights and

cultural integrity.

These local efforts will be synchronized with those of the World Intellectual

Property Organization (WIPO). IPOPHL seeks to intensify local initiatives

to protect traditional knowledge and traditional cultural expressions,

while closely monitoring international discussions in search for lasting

and effective solutions.

Tbolis perform at a summit on the protection ofindigenous intellectual property in Capiz.

(Photo by Mark Dy).

IP for IP: The Dreamweavers of LakeSebu seek patent over Tnalak

Jenita Eko travelled at least 1,008kilometers from her home in Sitio Lemkwa,Lake Sebu, South Cotabato to the IntellectualProperty Ofce of the Philippines for onereason: to seek protection of her peoplesindigenous weaves.

In a meeting with IP ofcials, Ms.Eko expressed concern over the non-recognition of her tribe, Akala ng mgatao, gawang Davao del Norte ang mgaTboli weaves (People think Tboli weavescome from Davao).

The Tbolis populate 19 barangays inLake Sebu and parts of the Alah Valleyand the coasts of Maitum, Maasim andKiamba, all in South Cotabato. Of the 19barangays, only three produce weaves.

One of the main buyers of the Tboliweaves come from Davao del Norte,

which markets home dcor using theweaves as embellishment.

Hindi kaso ang pangongopya ng tahinamin. Gusto lang naming makilala(Infringement is not our concern. We onlywant proper recognition), says Eko.

Square Peg, Round Hole

During the meeting, the IP experts felt likethey were tting a square peg into a round hole.

The weaves cannot be patented forit offers no solution to a technical problem, thereby lacking the elementof inventiveness. They didnt fall undercopyright, which exists from the momentof creation until 50 years after death ofthe author. Because the weaves have beenmade since time immemorial, they are nowpart of public domain. The weaves and the

term Tnalak have become generic andtherefore cannot be considered distinctiveenough to be protected as trademarks.

Hindi po ako legal expert, peropakiramdam ko meron kaming karapatansa mga habi namin (I am not a legal expert but I feel that we have a right over ourworks), said Eko.

Indeed, while the Philippine intellectualproperty system protects creations of the hereand now for future protability, the creationsof our indigenous peoples require a differentpolicy direction protection that requires usto look back into their age-old traditions.

Nevertheless, Atty. Jesan Ros of theBureau of Trademarks encouraged Ms.Eko to le for a trademark registrationof her groups logo, the Lake SebuIndigenous Women Weavers Association,

Inc. (LASIWWAI).Ms. Eko recounted that the Tboli people have 40 original designs, whichcame to their ancestors through a dream.Each design depicts a story and can beprotected as trademarks.

The issue now is who pays for thefiling fees.

Parallel with Africa

The seventeen member-states of Africafaced a similar situation some six years

back. Since then, the African RegionalIntellectual Property Organization(ARIPO) has developed theSwakopmund Protocol as a responseto the need to protect their continentstraditional knowledge and traditionalcultural expressions.

The Protocol was developed incoordination with a similar instrumentprepared over the same period by theOrganization africaine de la proprieteintellectuelle (OAPI), which wasadopted in July 2007. OAPI bringstogether sixteen countries in WestAfrica. WIPO provided supportfor both processes at the request ofARIPO and OAPI.

Traveling Exhibit

Ms. Eko moved to create a TnalakCertifying Council. The councilis expected to come up with aseal of authenticity.

Ms. Eko also asked IPOPHL todocument their ancestral heritage bytaking photographs of the 39 piecesthat she brought with her, publishingthe photos in a coffee-table book andframing them for exhibit.

We are looking to the private sector,especially law rms and those in thefashion industry, for cooperation,according to IPOPHL.

The sacred v. the proft

In the early days, Tboli womenwove Tnalak for inuential tribalmembers like the boi or Queen,

Princess and the datu or tribal leaders.The 40 designs were woven withutmost intricacy and are consideredrare. There were designs for the lowersocial class of the tribe. Before, a rollof Tnalak is so highly priced that it isexchanged for precious properties likea gong, horse, carabao and gift to afuture mother-in-law, said Jenita Eko.

The commercialization of theTnalak started in the 1970s whendemand increased as a result of theSanta Cruz Mission, Inc.s promotion.Whereas before, the Tnalak was wovenat home as a gift, now the women aretaught to mass-produce them. Thiseroded the Tnalaks social functionsand cultural value. Mass production andtrade of low class Tnalak proliferated

in various market places.We in LASIWWAI want to bringback the prestige that rightly belongsto the Tnalak weavers. The creationof the Tnalak council will uplift thestandards of the market. Tnalak that isproduced in our standard quality mustbe classied and labeled accordingly touphold its cultural and commercial valueas a Tboli traditional handicraft.

Atty. Sara Jane A. Suguitan

Atty. Mark Robert Dy

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