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

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Fourteen years ago today marked a milestone in Philippine history when we as a nation resolved to secure to 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 reflect on how far we have gone and how much we have achieved as a progressive and development-oriented nation. Since 1826 when the Patent Law of Spain protected Filipino creativity and innovation, the work of our scientists, inventors, artists and gifted citizens has paved the way to greater heights – from biofuels, consumer electronics, exquisitely designed furniture, solar-powered cars, and housing solutions, to globally recognized Filipino brands and world-class legends and performances. The work of the Intellectual Property Philippines (IPOPHL) involves the preservation of this long-standing culture of creativity and innovation by promoting the use of intellectual property as a tool for national development and progress. We endeavor to democratize the IP system by bringing it closer to our stakeholders in every region in the Philippines. Recognizing the great innovative potential of our national universities, the IPOPHL has embarked on the pioneering work of establishing a network of Innovation and Technology Support Offices (ITSOs) or patent libraries. These facilities aim to provide Filipinos access to global science and technology information in order to prevent 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 University of Santo Tomas, Dela Salle University, University of the Philippines-Manila, Ateneo De Manila University, Benguet State University, Visayas State University, and Mindanao University of Science and Technology. The establishment of Intellectual Property Satellite Offices (IPSOs) in strategic areas in the country also makes IP services more accessible to IP stakeholders in the regions. We continue to bring the IPOPHL closer to our inventors, artists, students and entrepreneurs outside Manila, as they can now avail of our services in locations nearer to them. IP owners may now file their trademark, invention, utility model and 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 is committed 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. Atty. Ricardo R. Blancaflor Director General Intellectual Property Office of the Philippines As we celebrate the anniversary of the enactment of the Intellectual Property Code of the Philippines, we are reminded of the fact that the world has changed significantly because of the intellectual creations generated constantly by artists, inventors and other creative people. However, these creations need to be fed into a system that rewards creators and incentivize more creations, which will translate to more jobs and more business start-ups, as well as new professions and industries and, ultimately, a more sustainable economy and a vibrant culture for innovation. This is the intellectual property system. This is why at IPOPHL we aspire for an Intellectual Property Conscious Philippines, so the IP system can truly reward, recognize, and promote the Filipino creativity in a demystified, development-oriented, and democratized IP System. It’s our “3D” VISION for IP. A demystified IP system exists when every “Juan” knows how to use their IP in their work, business and careers, because the IP system is pragmatic, relevant and logical. It is neither feared nor awed. A development-oriented IP system contributes to the economy because IP is used as a tool to generate economic opportunities and help alleviate poverty. While in a democratized IP system, IP policies and programs become a concern of everyone, and many take part in shaping the system to benefit the most. From the time the IP Office was established pursuant to the IP Code, there have been many challenges in administering a growing IP registry and maintaining a well-balanced IP system. No doubt that building national IP consciousness will even be more challenging, but with the relentless efforts of the Director General, Ricardo Blancaflor, and the fortitude of many behind and around IPOPHL, I am confident that the state policies enshrined in the IP Code will continue to be pursued with even greater audacity – especially now that our vision has become “3D!” Atty. Andrew Michael S. Ong Deputy Director General Operations, IP Policies and International Relations As we work together towards socioeconomic development in this competing world, let us not forget to make use of a very potent tool – intellectual property. After all, Filipinos are indeed one of the most intelligent, talented, and innovative people in the world. We may have limited resources but through our people’s creativity and industry, we can be competitive and successful. In business alone, the competition is relentless. From business concepts, market research, product development, production, promotion to sales, success is not simply about percentage and numbers. It is about sustainability and growth. Through the intellectual property system, one can be competitive 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 efficacy and consequences. Always mindful that it is an asset we should use and at the same time respect. As IPOPHL celebrates the 14th year anniversary of the Intellectual Property Code of the Philippines, it has embarked on a more challenging mission. Just as we promote the use of the intellectual property system, we will also ensure effective enforcement of intellectual property rights. This may be a herculean job but we only need persistence and focus to get this done. With this, I congratulate and thank IPOPHL’s employees, its partners and stakeholders, and all those who continuously support us on this noble work and advocacy. Atty. Allan B. Gepty Deputy 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’ Vision

An Intellectual Property-conscious Philippines in a demystified, development-oriented, and democratized IP System by 2020 (2020 VISION: 3D IP)

IP Philippines’ Mission

We are a knowledge-driven government organization that works towards economic, technological, and socio-cultural development by communicating, enabling, and ensuring the effective use of the Intellectual Property System in all levels of society for the creation, protection, utilization, and enforcement of Intellectual Property. SG1 Deliver quality and timely patents, trademarks, and other registrations SG2 Provide speedy, quality, and effective legal remedies and be the forum of choice for IP dispute resolution SG3 Provide IP-related business development and technology transfer services SG4 Institutionalize copyright support services SG5 Increase the level of appreciation of, respect for, and utilization of IP SG6 Lead the advocacy for legal and policy infrastructures to address emerging national and global demands of the IP system SG7 Develop and maintain a highly-motivated, competent, and cohesive workforce committed to serve with professionalism, transparency, and integrity SG8 Provide a conducive work environment that supports professional growth and promotes work-life balance

IP Philippines’ Strategic Goals

Why is digital piracy a commercial, economic, and social concern?
Digital piracy is the infringement of copyrights without using “hard media.” Material includes recorded music, motion pictures, software, books and journals, and other recorded performances covered by copyright. Digital piracy in the Philippines, for the most part, is indirect, the beneficiary of globalization rather than local application of latest technologies. Where other Southeast Asian countries are using peer-to-peer services and other high-tech means of selling pirated goods, the Philippines imports them on media. This piracy impacts many areas: it stifles innovation and growth, promotes criminal activities, shifts employment, lowers foreign direct investment, and directly affects consumers. Most important, however, is its effect on government in the form of corruption. Monetarily, the software industry alone lost $217 Million in 2009 with a 69% piracy rate. And $112 Million was lost during the same period in records and music with a piracy rate of 83%. Various justifications are given to explain this widespread piracy: unreasonable prices for the real thing, it’s just a game (say hackers), the person on the street can’t afford the real thing, and it’s not really a crime; it’s more like Robin Hood stealing from the excessively rich to give to the poor. Nevertheless, it is, indeed, a crime and a healthy percentage of those between the ages of 21 and above know it full well. Even so, as owner costs go down, so do the costs of counterfeiters, so the problem continues. The Philippine government and international bodies are not standing by idly. The Philippines has enacted as many as four laws, the latest being the “Anti Camcording Act of 2010.” And agreements put in place by international bodies number at least five. IPOPHL will continue searching for solutions.

Larry Brouhard

Suite 207 Greenhills Mansion # 37 Annapolis Street Greenhills, San Juan City Tel: ( 632 )725-0770 Fax: ( 632 )725-0786 Email: writeus@pari.com.ph

June 6, 2011 - 14th Anniversary of the Intellectual Property Code
What is a Trademark? What is a Patent?
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. A patent is an exclusive right granted to an owner for a product, process or an innovation. This is granted by the State through registration with the IPOPHL. Copyright pertains to the rights of authors and creators over their literary and artistic works. These works include writings, music, film, 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

Alternative Dispute Resolution

What is Copyright?

IPOPHL 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 efficiently as parties work together with the mediator in finding a solution to their problem to benefit 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 final 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

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

Legal Affairs

Region

IP Field Specialist / Address

The IPOPHL’s Bureau of Legal Affairs hears and decides opposition to the application for registration of marks; cancellation of trademarks; cancellation of patents, utility models, and industrial designs; and petitions for compulsory licensing of patents. It also exercises original jurisdiction in administrative complaints for violations of laws involving intellectual property rights provided, that its jurisdiction is limited to complaints where the total damages claimed are at least two hundred thousand pesos (Php 200,000).

Phone Numbers

National Capital Region (main)

Cordillera Administrative Region Region 2 - Cagayan Valley Region 3 - Central Luzon

Fely Jarata (02) 751-0395 Area Manager, NCR and Region V Intellectual Property Office of the Philippines, #28 Upper McKinley Road, McKinley Hill Town Center, Ft. Bonifacio, Taguig City (074) 442-6185 Jeanne Dugui-es DTI - Cordillera Administrative Region Ground floor, Jesnor Building, #4 Carino Street, Baguio City NERBAC Bldg., DTI Region 2 Regional Government Center, Carig Sur, Tuguegarao City (078) 846-7466 Arnel A. Diego (045) 625-9290 2/F Angeles Business Centre, Teresa Avenue, Nepo Mart Complex, Angeles City, Pampanga (045) 860-4625 ABN Plaza, 2nd floor, MacArthur Highway, Sindalan, San Fernando, Pampanga Sarah C. Deleoz DTI Regional Office V 3/F Capitol Annex Bldg., Old Albay District, Legazpi City Ground Floor DTI Building, J.M. Basa-Peralta Streets, Iloilo City Jeonero B. Bollozos Unit 311 WDC Building, Osmeña Blvd. corner P. Burgos St., Cebu City R&L Fernandez Bldg., #785 Seaside, Fatima Village, Tacloban City, Leyte Regybelle Joy P. Fuentes NACIDA Building, Corrales St. cor. A. Luna St. 9000 Cagayan de Oro City Marie Lou M. Gabiana 4/F, Mintrade Building, Monteverde Avenue corner Sales Street, Davao City Jessel P. Original Ground Floor, R.A. Building, South Osmeña St., General Santos City (052) 480-5721 (033) 335-0548/ 335-0060 (032) 255-0037/ 412-1868 local 209 (053) 323-5680 0927-285-4724 (082)224-0511 local 417 (083) 552-8385 / 553-1033

Region 5 - Bicol Region 6 - Western Visayas Region 7 - Central Visayas Region 8 - Eastern Visayas Region 10 - Northern Mindanao Region 11 - Southern Mindanao Region 12 - Soccsksargen

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June 6, 2011 - 14th Anniversary of the Intellectual Property Code
Lauds IPOPHL for its efforts to promote and uphold the intellectual property rights of businesses and companies in the country
June 6, 2011, Manila, Philippines – Microsoft Philippines conveys its support to the Intellectual Property Office of the Philippines (IPOPHL) as it celebrates the 14th anniversary of the signing of the Republic Act No. 8293 of June 6, 1997, which is an act prescribing the intellectual property code and launching the intellectual property office. “The 14th anniversary of the Intellectual Property Office of the Philippines is a milestone in the country’s aim to promote intellectual property amongst the people. We are pleased to have the opportunity to work with them in pushing for the protection of intellectual property rights of various businesses and individuals in the Philippines,” said John Bessey, Managing Director, Microsoft Philippines. This year’s celebration focuses on trademark registration, which helps distinguish an entity’s mark from the others in the business and to prevent them from using like or similar ones. The law was signed by former President Fidel V. Ramos in 1997 and took effect 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 protection is good for the country because it is the key to healthy innovation and helps spur the creation of jobs,” said Atty. Ricardo Blancaflor, Director General, Intellectual Property Office of the Philippines. IPOPHL is a government organization that aims to achieve economic and socio-cultural development by educating the people of the effective use of the intellectual property system. Intellectual property is important for economic growth and development, the promotion of innovation, success of local companies, and for consumers and the society at large. “Microsoft believes that the nation needs stronger IP protection to ensure the economy and industry’s abilities to innovate and help the government generate tax revenue through the legitimate sale and trade of genuine software. We, at Microsoft, will continue to push for effective IP regulations and support the Intellectual Property Office in this endeavor,” promised Bessey.

Microsoft Supports IPOPHL in its 14th Anniversary

June 6, 2011 - 14th Anniversary of the Intellectual Property Code
The Future of Tradition
Teaming up with the National Commission for Culture and the Arts (NCCA) and the National Commission on Indigenous Peoples (NCIP), the Intellectual Property Office 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.

T’boli’s perform at a summit on the protection of indigenous intellectual property in Capiz. (Photo by Mark Dy).

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 government’s 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.

Atty. Mark Robert Dy

IP for IP: The Dreamweavers of Lake Sebu seek patent over T’nalak
Jenita Eko travelled at least 1,008 back. Since then, the African Regional kilometers from her home in Sitio Lemkwa, Intellectual Property Organization Lake Sebu, South Cotabato to the Intellectual (ARIPO) has developed the Property Office of the Philippines for one Swakopmund Protocol as a response reason: to seek protection of her people’s to the need to protect their continent’s indigenous weaves. traditional knowledge and traditional cultural expressions. In a meeting with IP officials, Ms. Eko expressed concern over the nonThe Protocol was developed in recognition of her tribe, “Akala ng mga coordination with a similar instrument tao, gawang Davao del Norte ang mga prepared over the same period by the T’boli weaves (People think T’boli weaves Organization africaine de la propriete come from Davao).” intellectuelle (OAPI), which was adopted in July 2007. OAPI brings The T’bolis populate 19 barangays in together sixteen countries in West Lake Sebu and parts of the Alah Valley Africa. WIPO provided support and the coasts of Maitum, Maasim and for both processes at the request of Kiamba, all in South Cotabato. Of the 19 ARIPO and OAPI. barangays, only three produce weaves. One of the main buyers of the T’boli Traveling Exhibit weaves come from Davao del Norte, Ms. Eko moved to create a T’nalak which markets home décor using the Certifying Council. The council weaves as embellishment. is expected to come up with a “Hindi kaso ang pangongopya ng tahi seal of authenticity. namin. Gusto lang naming makilala Ms. Eko also asked IPOPHL to (Infringement is not our concern. We only document their ancestral heritage by want proper recognition),” says Eko. taking photographs of the 39 pieces that she brought with her, publishing Square Peg, Round Hole the photos in a coffee-table book and During the meeting, the IP experts felt like framing them for exhibit. they were fitting a square peg into a round hole. “We are looking to the private sector, The weaves cannot be patented for especially law firms and those in the it offers no solution to a technical fashion industry, for cooperation,” problem, thereby lacking the element according to IPOPHL. of inventiveness. They didn’t fall under copyright, which exists from the moment The sacred v. the profit of creation until 50 years after death of “In the early days, T’boli women the author. Because the weaves have been wove T’nalak for influential tribal made since time immemorial, they are now members like the “boi” or Queen, part of public domain. The weaves and the Princess and the “datu” or tribal leaders. term T’nalak have become generic and The 40 designs were woven with therefore cannot be considered distinctive utmost intricacy and are considered enough to be protected as trademarks. rare. There were designs for the lower “Hindi po ako legal expert, pero social class of the tribe. Before, a roll pakiramdam ko meron kaming karapatan of T’nalak is so highly priced that it is sa mga habi namin (I am not a legal expert exchanged for precious properties like but I feel that we have a right over our a gong, horse, carabao and gift to a works),” said Eko. future mother-in-law,” said Jenita Eko. Indeed, while the Philippine intellectual “The commercialization of the property system protects creations of the here T’nalak started in the 1970’s when and now for future profitability, the creations demand increased as a result of the of our indigenous peoples require a different Santa Cruz Mission, Inc.’s promotion. policy direction – protection that requires us Whereas before, the T’nalak was woven to look back into their age-old traditions. at home as a gift, now the women are Nevertheless, Atty. Jesan Ros of the taught to mass-produce them. This Bureau of Trademarks encouraged Ms. eroded the T’nalak’s social functions Eko to file for a trademark registration and cultural value. Mass production and of her group’s logo, the Lake Sebu trade of low class T’nalak proliferated Indigenous Women Weavers Association, in various market places.” Inc. (LASIWWAI). “We in LASIWWAI want to bring Ms. Eko recounted that the T’boli back the prestige that rightly belongs people have 40 original designs, which came to their ancestors through a dream. to the T’nalak weavers. The creation Each design depicts a story and can be of the T’nalak council will uplift the protected as trademarks. standards of the market. T’nalak that is produced in our standard quality must The issue now is who pays for the be classified and labeled accordingly to filing fees. uphold its cultural and commercial value Parallel with Africa as a T’boli traditional handicraft.” The seventeen member-states of Africa Atty. Sara Jane A. Suguitan faced a similar situation some six years

Supplement contributors: Atty. Sara Jane Suguitan Atty. Mark Robert Dy Atty. EJ Labro Atty. Mayette Dagsa Atty. Jennifer Laygo Larry Brouhard

Aljen Chu Josephine Santiago Kristine Joy del Valle Emmelina Masanque Cynthia Lorenzo

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