Possible Changes in Intellectual Property Laws and Procedures for the new Philippine Administration

Brighter Prospects

The proposed changes in intellectual property law, or IP Code as it is commonly referred to, are expected to spur economic growth in the new administration. The Intellectual Property Office of the Philippines (IPOPHL) believes the said amendments will boost foreign investors as well as domestic entrepreneurs’ confidence in doing business in the country. As such, the IPOPHL has renewed efforts to actively lobby for the approval of the new IP Code in the House of Representatives.

The IPOPHL announced the initiative during its 25th-anniversary celebration aptly titled, “Creating a Silver Bright Future,” held at the Rizal Hall of the Philippine International Convention Center (PICC) on June 6, 2022.

Competitive Edge

The government agency under the Department of Trade and Industry (DTI) is optimistic that once approved, the changes in intellectual property laws and procedures will give the Philippines a competitive advantage over other nations. “The new IP Code provisions that we push for will make the country more competitive and attractive to foreign investors,” IPOPHL Director General Rowel S. Barba said.

The enhancements are designed to align the country’s IP regulations with modern technological advances, and make them at par with global standards, industry practices and laws observed in other World Intellectual Property Organization (WIPO) member-states. The Philippines is among the 192 countries affiliated with the UN agency.

Empowered Reforms

Former IPOPHL Director General Josephine Rima – Santiago spearheaded the agency’s active coordination with the Congress back in April 2019 when the agency submitted a bill detailing the changes in intellectual property law. The proposed reforms aim to better protect and empower copyright owners. Moreover, the amendments will give the IPOPHL more teeth in going after websites and social media platforms that infringe on IP rights.

The IP watchdog also hopes to help copyright owners recover loss income from potential advertising revenues by allowing them to claim damages from violators. In addition, the former will be able to gain control or ownership of the offending party’s domain name.

According to Santiago, the passage of the Amendments to the IP Code (House Bill 9148) will give the agency the legal framework to radically reduce – if not completely eliminate – online piracy, forgery, and fake imitations by issuing “notice and takedown” order. “Strong remedial measures like these may hopefully embolden copyright owners to really plant their feet and pursue these infringers and pirates,” Santiago said.

Enhanced Collaboration

Another highlight of the changes in intellectual property law is expanding the agency’s role in the National Committee on IP Rights (NCIPR). The former envisions the latter as a permanent entity where IPOPHL will have a designated point person or lead coordinator in all government agencies represented in the committee. The 12-member NCIPR is made up of DTI, IPOPHL, Office of the Special Envoy on Transnational Crime, Department of Justice, Philippine National Police, Food and Drug Administration, Bureau of Customs, National Telecommunications Commission, Department of Interior and Local Government, National Book Development Board, Optical Media Board, and National Bureau of Investigation. The IP body Is confident that being fully represented in the above agencies will expedite coordination, step up clampdown on IP infringement, and intensify the protection of rightful owners.

Stay On Top

Whether you are an aspiring inventor or an established business entity, it is important to stay on top of industry developments and have a concrete understanding of your legal rights in order to protect the ideas and creations you work hard to build. It is equally important for you and/or your organization to successfully navigate your way into the technical maze surrounding IP laws.

A knowledgeable IP partner is therefore essential in safeguarding your business interest. Capitalize on the experience and expertise of J. Ponce Law in handling IP matters, and keeping you abreast on related developments, including changes to intellectual property laws and procedures.