Some updates on IPR protection in the Philippines here. Private property is private property, physical or intellectual. They are not social or communal property.
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(1) SC asked to
designate special courts for IPR cases
August 5, 2019 | 10:41 pm
THE Intellectual Property Office of the Philippines
(IPOPHL) said it proposed to the Supreme Court the creation of more courts
specializing in commercial matters to handle intellectual property rights (IPR)
cases.
In a statement, IPOPHL said Director-General Josephine R.
Santiago met with Chief Justice Lucas P. Bersamin on July 24, requesting the
creation of more special commercial courts (SCCs) with the power to issue
search warrants in connection with IPR cases.
“We believe the designation of additional SCCs to be
located in the Visayas, Mindanao, and Northern Luzon will further bolster the
Philippines’ standing in the areas of rule of law and administration of justice
and will be beneficial, as this will serve a greater number of stakeholders,”
Ms. Santiago was quoted as saying.
According to IPOPHL, SCCs are only located in Pasig,
Makati, Manila, and Quezon cities.
“The request is made amid increased IPR cases over the
years, relating particularly to trademark infringement,” IPOPHL said, adding
that it will submit a report to the SC showing the effectivity of having courts
focusing on IPR cases in other countries help in disposal and declogging of
dockets.
It also requested the designation of Regional Trial Courts
specializing in IPR cases as the SCCs for all commercial cases.
IPOPHL said Mr. Bersamin responded positively to the
proposal, saying the designation of additional SCCs or special IPR courts is
possible because Congress has agreed increase the number of trial courts. The
chief justice also tasked Associate Justice Diosdado M. Peralta to review the
guidelines.
Asked to comment, the SC’s Public Information Office head
Brian Keith F. Hosaka said the court will consider the proposals of IPOPHL.
“The proposal of IPOPHL will indeed be seriously taken
into consideration by the Supreme Court,” he said.
“However, there must be a formal resolution by the SC en
banc before additional commercial courts are designated,” he added. — Vann
Marlo M. Villegas
(2) Supreme Court
and IPOPHL to work on speeding up disposal of IPR cases
Published on August 5, 2019
The Intellectual Property Office of the Philippines
(IPOPHL) has paid the Supreme Court (SC) justices a courtesy visit which
yielded encouraging discussions on various approaches that can ease crowding
dockets and bring faster resolution to pending intellectual property rights
(IPR) related cases.
Last July 24, IPOPHL Director-General (DG) Josephine R.
Santiago elevated to Chief Justice (CJ) Lucas P. Bersamin the office's request
for more special commercial courts (SCCs) with the power to issue search
warrants, in relation to IPR cases, that are enforceable nationwide.
(3) BoI, IPOPHL to
push commercialization of IP rights
July 30, 2019 | 10:21 pm
THE BOARD of Investments (BoI) and the Intellectual
Property Office of the Philippines (IPOPHL) have agreed to promote the
commercial use of registered intellectual properties by linking these to
investors.
The two agencies signed a memorandum of agreement (MoA)
on July 23, 2019 for the project, which is also in line with the objective of
the BoI to attract more innovation-driven investment.
BoI Managing Head Ceferino S. Rodolfo said his office has
been setting record investment approvals over more than 50 years.
“While we continue to outperform ourselves in promoting
investments, we still need to attract new investments that are considered
‘innovation drivers’ under the 2017-2019 Investments Priorities Plan (IPP),” he
said.
Mr. Rodolfo, who is also Trade undersecretary, enumerated
these drivers to include research and development (R&D) activities, conduct
of clinical trials, the creation of so-called “Centers of Excellence,”
innovation centers, business incubation hubs, fabrication laboratories, and
co-working spaces, and the commercialization of new and emerging technologies
and products of the Department of Science and Technology or government funded
R&D.
Through the MoA, the agency will be part of IPOPHL’s
Mind2Market Network, which will tap the existing programs of BoI, such as the
One Window Network (OWN) and the Trade and Industry Development (TID) Talks, to
create stronger linkages between creators/inventors and investors.
BoI said it had also agreed to create communication
channels with IPOPHL “to ease technical consultations on matters related to
innovation, including on new and emerging technologies that are registrable
with the BoI.”
It said the move would also facilitate the resolution of
issues that industry stakeholders might face in the registration, recognition
and enforcement of intellectual property rights.
The agency quoted IPOPHL Director General Josephine R.
Santiago as saying that the partnership “should excite all creators and
innovators.”
“This period is the sunrise of our intellectual property,
especially now that we have partnered with formidable agencies such as the BoI.
I hope that with the national innovation law that was recently passed and the
creation of the national innovation council, we hope to put and enhance value
to the innovation agenda of the President,” she said.
BoI said the “patent landscape reports” being prepared by
IPOPHL would help the investment promotion agency to identify gaps that require
foreign investments to bring technologies into the country. — Victor V. Saulon
(4) Expanding
innovation-fostering society drives PH's 19-notch leap in 2019 GII ranking
Published on July 27, 2019
The Intellectual Property Office of the Philippines
(IPOPHL) has expressed delight with the results of the latest Global Innovation
Index (GII) report, viewing the Philippines' huge improvement in both ranking
and score as the concretising of the country's efforts to put innovation at the
center of its economic, socio-cultural, and scientific development….
The 2019 GII report showed that the country is now placed
within the top 42% innovative economies, pulling it closer to the frontier as
compared to the past four years when it has annually been within the 60% top
countries. This, as the Philippines landed 54th from 73rd in the previous
report, making the country the most improved among its peers in the Association
of Southeast Asian Nations (ASEAN).
The Philippines also entered for the first time into the
group of innovation achievers—economies that outperformed on innovation
relative to GDP—for 2019 as it booked above-average scores in all innovation
dimensions, with the exception of market sophistication, relative to its
lower-middle-income peers….
(5) MOST COMMON
INTELLECTUAL PROPERTY RIGHTS PROBLEMS: FOCUS ON SOUTH – EAST ASIA
July 2019
… A wide range of foreign industries are now looking
towards Southeast Asia, not just to take advantage of an abundance of cheap
labour for production of goods for export, but also to tap into new consumer
markets formed from a growing middle class population. But the less developed
nature of business-related legislation means the dangers of intellectual
property (IP) infringement are often great.
IPR Enforcement in South East Asia
Particularly, the development of IP laws across
South-East Asia has been uneven and IP laws in many South-East Asian countries
are still being developed and revised to be in alignment with international
standards.
This table below provides a summary of the status of
accession of South-East Asian countries to key international IP Treaties and
Agreements in relation to the ten countries of the ASEAN Economic Community.[2]
The three columns: (1) Accession to Bern Convention, (2)
Accession to Paris Convention, (3) Accession to TRIPS:
Brunei YES YES YES
Cambodia NO YES YES
Indonesia YES YES YES
Laos YES YES YES
Malaysia YES YES YES
Myanmar NO NO YES
Philippines YES YES YES
Singapore YES YES YES
Thailand YES YES YES
Vietnam YES YES YES
Unlike the EU, which has a unified instrument directing
IPR enforcement, South-East Asian countries do not yet share the same level of
cooperation, resulting in comparatively fragmented IPR enforcement laws and
regulations. Implementation of IPR laws
across South-East Asian countries vary from one another.another , This is
mostly due to the diversity of culture, history and laws in the region. The Association of South-East Asian Nations
(“ASEAN”) however has established the ASEAN Working Group on Intellectual
Property Cooperation (AWGIPC)[1]which aims to align and streamline IP rights
and practices across the region, and more changes should be expected from this
collaboration…
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