INTELLECTUAL PROPERTY RIGHTS (IPR) VIOLATIONS
 
 

Legal Initiatives
The following republic acts were passed to help fight the growth of intellectual property violation in the country:

  • Republic Act No. 10372  "An Act Amending Certain Provisions of Republic Act No. 8293, Otherwise Known as the "Intellectual Property Code of the Philippines"
  • Republic Act No. 8293  known as the "Intellectual Property Code of the Philippines“
  • Republic Act No. 9239  known as the “Optical Media Act of 2003”
  • Republic Act No. 8203  known as the “Special Law on Counterfeit Drugs”
  • Republic Act No. 10088 known as the “Anti-Camcording Act of 2010”

 

Law Enforcement
The proliferation of counterfeit and pirated products is being addressed by the government through the NCIPR. To achieve an IP-friendly Philippines, the IPOPHL, DTI’s co-chair in the NCIPR, laid down the following six paths: a)”holistic approach” to effective enforcement; b) heightened public education and awareness; c) institution of capacity building of relevant government institutions towards an IPR regime; d) timely and quality IPR adjudication and other forms of disputes resolution; e) continuing advocacy and legislative reforms; and f) sustained international relations.
Slides 65&66 show the Summary of the IP Enforcement Data from the members of the National Committee on Intellectual Property Rights such as the number of operations they have conducted and the estimated value of confiscated goods for the year 2015 and from January to February of 2016.
Capacity Building

  1. 5th Philippine Anti-Counterfeiting and Piracy Summit: the theme was “Building Cooperation Across Borders” to highlight the imperative need to integrate and consolidate efforts and strategies in the fight against counterfeiting and piracy.
  2. IPOPHL-UKIPO strengthen ties on IP enforcement: Officials of the Intellectual Property Office of the Philippines (IPOPHL) and the Intellectual Property Office of the United Kingdom (UKIPO) met on 15 March 2016 to discuss the work program between the two offices as stipulated in the Memorandum of Understanding (MOU) signed in 8 October 2015 in Geneva, Switzerland. Included in the work program is a workshop on enforcement measures for online infringement, participation in relevant trainings of both offices, and an exchange of personnel under a study visit program.
  3. PH-JP Strengthens Bilateral Cooperation through IP Work Program: The Philippines and Japan through the IPOPHL, Japan Patent Office (JPO) and the Japan External Trade Organization (JETRO) held a bilateral meeting last 9-10 February 2016 to discuss the work program to be undertaken by IPOPHL and JPO under the Memorandum of Cooperation (MOC) covering IP cooperation signed in May 2015.  The work program allows an exchange of knowledge and training schemes between the two IP offices aimed to further enhance the capacity of patent examiners, speed up the examination process, and improve the quality of examination.  The crafting of the IPOPHL-JPO Work Program for 2016-2017 was positively concluded among the three parties.

Slide 68 shows the number of sustained Capacity Building for Law Enforcement Agencies conducted by the Intellectual Property Office of the Philippines and the members of the National Committee on Intellectual Property Rights.
International Cooperation
The 40th Intellectual Property Experts Group Meeting was held in Clark Freeport Zone in Angeles, Pampanga on January 31 – February 01, 2015. The purpose of the meeting was to facilitate innovation and the exploitation of IP among small and medium-sized industries (SMEs) to enhance their regional and global competitiveness was one of the most discussed topics at the meeting. The Philippines welcomed this breakthrough as the mounting interest in the topic complements its push to put the SME topic higher on the APEC agenda.
“Enhancing SME competitiveness through brand development, IP valuation and commercialization is one of our priorities. We see that SMEs can leverage on their IP assets such as their brands or trademarks for growth and expansion. APEC provides a suitable platform for us to build on our programs through cooperation and sharing of best practices with other APEC economies,” says Intellectual Property Office of the Philippines (IPOPHL) Deputy Director General Allan B. Gepty.
The two other priorities presented by the Philippines at the meeting are strengthening capacity for effective IP enforcement and adjudication and the facilitation of the effective use of patent information aimed at assisting research institutions, academe, and SMEs.
The two-day meeting has also strengthened the commitment of the APEC member economies for continued collaboration and support in other areas of IP. These include management and effective use of IPRs; capacity-building in promoting understanding and appreciation of IP in the youth sector; facilitating technology transfer and IP commercialization; and enhancing IP enforcement and adjudication.
STORM ENFORCEMENT NETWORKING MEETING, December 08-09, 2015, Yangon, Myanmar

The purpose of the meeting aims to share the latest outcomes of Operation Storm V, multi-sectoral enforcement operational experiences and to exchange best practices and information on the latest pharmaceutical trends that participating agencies have experienced, discuss the 2015 health-enforcement activities in the region, promote a multi-agency partnership between the regulatory agency, law enforcement agencies (Police) and customs and enhance collaboration with the industry, learn about basic online investigation with respect to sale of pharmaceutical products, to develop coordinated plans for health enforcement; and to build capacity to combat pharmaceutical crime in the Southeast Asian region.

 

 
@Copyright 2010 Philippine Center on Transnatinal Crime