JURISDICTION REPORT: PHILIPPINES
GETTING BETTER ALL THE TIME: 15 YEARS IN THE PHILIPPINES
Ma. Consuelo C. Agno Sapalo Velez Bundang & Bulilan
Te enactment of the Intellectual Property Code (IPC) on June 6, 1997, was a landmark in the history of the IP system of the Philippines; the 15th anniversary of the IPC was celebrated by the Intellectual Property Office of the Philippines (IPOPHL) in June 2012. Te IPC created IPOPHL to replace the Bureau of Patents, Trademarks and Technology Transfer, and introduced important changes to the IP laws of the Philippines, such as the first-to-file rule. It also granted IPOPHL the authority to retain its revenues, making the office self-sufficient. During the 15th
anniversary celebrations, the director-general of IPOPHL presented its accomplishments to date.
From 1998 to 2004, steps were taken to shape the legal and administrative frameworks. Specifically,
the implementing rules and regulations for
patents, trademarks, utility model and industrial designs, voluntary licensing and inter partes proceedings were promulgated. Te country acceded to the Patent Cooperation Treaty on May 17, 2001, and to the World Intellectual Property Organization (WIPO) Internet Treaties on July 4, 2002. Te trademark online filing system was launched in 2004, at the same time as collaboration with enforcement agencies was strengthened.
Te director-general noted that the streamlining of IPOPHL procedures and the use of information technology systems has resulted in significant reductions in the turnaround time for processing of applications from 62 months to 11 months for trademarks, five years to 4.7 years for inventions, 43 months to seven months for utility models and 30 months to eight months for industrial designs. Between 2005 and 2009, six satellite offices located in provinces such as Cebu, Davao, Angeles, Legaspi, Baguio and General Santos were established in partnership with the Department of Trade and Industry. During this time, the Philippines was also downgraded from the priority watchlist to ordinary watchlist in the US Trade Representative (USTR) Special 301 Report.
From 2010 to the present, IPOPHL added more satellite offices, established the innovation and technology support office (ITSO) in research universities, adopted alternative dispute resolution of conflicts in IP cases and acceded to the Madrid Protocol on April 25, 2012.
As a project of ITSO, the IPOPHL launched the patent protection incentive package on March 22, 2012, with the goal of providing funds to pay government fees for patent filing and granting, including annuity payments required to maintain a patent aſter its grant. To enjoy the exemption from paying the fees, the application must involve an invention from research conducted by, or in collaboration with, any higher education institution which is an ITSO franchisee.
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Mediation, an alternative dispute resolution, was made a mandatory proceeding to expedite the disposal of inter partes and violation of IP rights cases before the IPOPHL in accordance with the Rules of Procedure for IPO Mediation Proceedings, which took effect on October 21, 2010. Mediation provides a venue for the parties to negotiate, discuss and agree the settlement of their case within a period of 90 days from referral to the Mediation Office. In some cases, the parties reach a compromise within this period.
With adherence to the Madrid Protocol, IPOPHL aims to provide trademark holders access to a global infrastructure which allows them to secure protection for their marks in multiple jurisdictions in a simple, transparent, and cost-effective manner.
IPOPHL also reported that it ranked third in patent protection in ASEAN, according to the International Property Rights Index Report. It is also the first Asian IP office to be powered by WIPO’s IP Automation System and the only IP office in Asia with alternative dispute resolution and mediation mechanisms. With its modern and dynamic approach, it is hoped that IPOPHL will continue to reap successful results in the protection of IP.
Ma. Consuelo C. Agno is a junior partner at Sapalo Velez Bundang & Bulilan. She can be contacted at:
info@sapalovelez.com
World Intellectual Property Review July/August 2012 67
“THE STREAMLINING OF IPOPHL PROCEDURES AND THE USE OF INFORMATION TECHNOLOGY SYSTEMS HAS RESULTED IN SIGNIFICANT REDUCTIONS IN THE TURNAROUND TIME FOR PROCESSING OF APPLICATIONS.”
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