The protection of intellectual property rights is now a global economic and trade issue. Owners of intellectual property rights such as trademarks and patents prefer to invest in countries where there is adequate protection for their intellectual property.
As the Intellectual Property Office of the Philippines (Ipophil) celebrates Intellectual Property Week, it may be worthwhile to highlight several major initiatives undertaken by its new leadership under director general Ricardo Blancaflor to make the Philippines an attractive investment destination for IP owners.
Alternative dispute resolution: A first in Asia
Foreign and local intellectual property stakeholders have expressed dissatisfaction over the snail-paced resolution of intellectual property cases in the Philippines.
The Ipophil addresses this legitimate issue by launching early this year the Ipophil Arbitration Office, a special office envisioned to speed up the resolution of intellectual property disputes.
On top of the Arbitration Office, the Ipophil also established a Mediation Office.
The alternative dispute resolution system adopted by the Ipophil is a step in the right direction. It will provide parties an opportunity to discuss not only the merits of their respective cases, but also the business aspect of the case. Parties are given a venue to discuss possible win-win solutions such as purchase, assignment or licensing of intellectual property rights. In this way, parties are able to come to a mutually acceptable resolution of their dispute.
Automated processing of applications: A first in Asean?
On Sept. 24, 2010, the Ipophil signed a Cooperation Agreement with the World Intellectual Property Organization (WIPO) for the implementation of the Intellectual Property Automation System (IPAS).
The IPAS will simplify and reduce the time required in processing applications filed with the Ipophil. It will allow applicants to monitor the progress of their applications. The Ipophil hopes to be the first in the Asean region to deliver registration services of international caliber when it commences the IPAS operations by November 2011.
Access to IP research tools
The Ipophil has begun establishing a network of Innovation and Technology Support Offices (ITSOs) or patent libraries all over the country, aimed at streamlining research work and making such research more accessible to interested parties and businesses.
The ITSO will make available to the public information about existing patent technologies which hopefully will encourage and increase licensing and franchising opportunities in the local market.
At present, 30 universities and three research and development institutions nationwide host patent libraries, including the Ateneo de Manila University, Benguet State University, De La Salle University, Mindanao University of Science and Technology, University of Santo Tomas, University of the Philippines-Manila and Visayas State University.
Ipophil has also recently subscribed to the Thomson Innovation Database of Thomson Reuters. This subscription will enable users, including patent applicants and owners, to conduct comprehensive prior research from 75 million global patent data and scientific literature.
With more access to patent information—a rich source of technology—the Philippines can build up its own technology base, which is imperative in any developing country desiring to achieve industrial development.
Speedier procedures for Inter Partes cases
The Ipophil recently issued a directive (Office Order 99, Series of 2011) to address delays in deciding Inter Partes cases that include oppositions to applications for registration of a trademark, petitions for compulsory licensing and cancellation of patents and trademark registration.
The amendments include cutting short the deadlines to file complaints and answers from 120 days to 90 days with no further extensions. While it is too early to evaluate the effectivity of the new rules, the stakeholders are hopeful that the changes will benefit all parties concerned.
Easier access to copyright registration
Under the Intellectual Property Code, copyrightable works are registered and deposited with the National Library and the Supreme Court Library. Consequently, copyright owners are forced to travel to Manila to have their works deposited and registered.
However, under the Memorandum of Agreement (MOA) executed on Jan. 25, 2011 with the Philippine National Library, the Ipophil can now accept applications for copyright registration and deposit from artists, scholars and all copyright owners on behalf of the National Library.
Since Ipophil has a wider reach, in view of its satellite offices in Baguio, Tuguegarao, Angeles, Legazpi, Iloilo, Cebu, Cagayan De Oro, Davao, General Santos and Tacloban, copyright registration and deposit services are now more accessible to copyright owners.
The Ipophil likewise issued additional guidelines, which provide that the Certificate of Registration and Deposit may now be released to the applicant after five working days from the date of filing.
Conclusion
These reform measures, spearheaded by director general Blancaflor, are envisioned to make the Philippine business environment more attractive not only to local businesses, but also to foreign investors. In the long run, the hope is that intellectual properties cease to be mere creative outputs of the human mind but become powerful tools for the economic development of the country.
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By: Francis Lim
Source: Philippine Daily Inquirer, October 28, 2011
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