T
HE IPOPHL and the
­Supreme Court of the Philippines-Philippine Judicial
Academy (PhilJA) recently
held four Seminar-Workshops on the Rules of Procedure on
Intellectual Property Cases for Commercial Court Judges, Prosecutors,
and Clerks of Court in the country. The
Workshop for the National Capital Re-
gion was held last May 31, 2012; while
those for Luzon, Visayas and Mindanao
were held on June 22, July 27, and August 24, respectively. The seminars were
designed to apprise the participants on
the new Rules of Procedure for Intellectual Property Rights Cases, thereby
enhancing their capacity in the efficient,
effective, and expeditious disposition of
intellectual property cases.
Last October 24, 2011, the Supreme
Court En Banc promulgated A.M. No.
10-3-10-SC or the Rules of Procedure for
Intellectual Property Rights Cases (Special IP Rules), upon recommendation of
IPOPHL. This initiative was seen to give
assurance to intellectual property owners
that their rights are zealously guarded and
that expeditious prosecution of IP cases is
possible in the country.
P
U
S
R
A
E
G
L
H
P
O
IP
RCEMENT SUMMIT
FOR ENFO
S
E
R
U
IZ
E
S
IN
E
S
A
E
R
C
E
DESPITE D
IPOPHL Deputy Director General Andrew Michael S.
Ong answers a query during the Open Forum. With him
are (Justice Lucas Bersamin, Atty. Ferdinand Negre, and
Judge Maria Rowena Modesto-San Pedro).
IPOPHL AND PHILJA...
FROM PAGE 1
The Special IP Rules govern civil and criminal actions for
violations of intellectual property
rights lodged before the Regional
Trial Courts designated by the Supreme Court as Special Commercial Courts. The salient features of
the new IPR Rules include (1) the
conferral of authority to the Special Commercial Courts in Quezon City, Manila, Makati and Pasig
for issuance of search and seizure
warrants enforceable
nationwide; (2) the executory nature
of any order issued by the courts
under the Rules; (3) cases may
be submitted for decision
immediately after pre-trial, or on the
basis of position papers, or after
clarificatory hearing, or after trial;
(4) presumptions and evidentiary
rules for patent, trademark infringement, unfair competition,
and copyright cases; and most notably, (5) the issuance of an order
of destruction of seized infringing
goods any time after filing of a
complaint or information, and the
retention of representative samples in lieu of the actual items. As
provided therein, the Rules took
effect last 08 November 2011.
IPOPHL would like to ac-
IPOPHL
NEWSLETTER
knowledge and thank the following notable speakers during the
Workshop Series:
Justice Diosdado
M. Peralta
2
Arrangements leading up to the Summit
are being undertaken amidst reports on the
recent decline in the total amount of seizures
made by the enforcement member-agencies
of the NCIPR. Earlier this year, the NCIPR
reported an estimated total value of Php
8,411,357,228.00 of seized counterfeit and
pirated goods for the year 2011, a 58.83% increase from the 2010 report of an estimated
value of Php 5,295,596,875.50. IPOPHL commended especially the National Bureau of
Investigation (NBI), the Bureau of Customs
(BOC), and the Optical Media Board (OMB)
for topping the 2011 enforcement operations.
Among the brands, Louis Vuitton had the highest estimated value of seized items. Also, notable in value are the Rayban eyeware, Chanel,
Bulgari, and Omega products.
However, recent changes in leadership and
the undertaking of reforms in the organizational structure of the NBI may have affected
the Bureau’s performance. From 01 January to
31 August 2012, NBI seizures were reported
in the amount of Php 514,624,721.00 as com-
Justice Lucas
P. Bersamin
Justice Ramon Paul
L. Hernando
Documentation, Information,
and Technology Transfer Bureau (DITTB)
Intellectual Property Office
Intellectual Property Center,
28 Upper McKinley Road
McKinley Hill Town Center,
McKinley Hill, Fort Bonifacio,
1634 Taguig City
Tel. Nos. +632 7980113, +632 238.6300 loc. 207
AS CHAIRMAN of the National Committee on Intellectual Property Rights
(NCIPR), the Intellectual Property Office of the Philippines (IPOPHL) is spearheading the launch of the 2nd Annual Philippine Anti-Counterfeiting and Piracy
Summit, which is slated to coincide with the Intellectual Property Rights (IPR)
Week to be held in October 2012. The Summit aims to increase public education
and awareness on the importance of intellectual property rights and the serious
effects of counterfeiting and piracy. The focus of this year’s activities is the pivotal
role that respect for IPRs play in fostering innovation and economic development
in the country.
Judge Maria Rowena
Modesto-San Pedro
SEPTEMBER 14, 2012, ISSUE NO. 3
Taken during last year’s Summit, IPOPHL Director General Ric Blancaflor presents the
Certificate of Appreciation to His Excellency Jejomar C. Binay, Vice President of the
Republic of the Philippines after his Keynote Speech during the occasion of the First
Philippine Anti-Counterfeiting and Piracy Summit that was held on 24-28 October 2011.
With them are IPOPHL Deputies Director General, Atty. Allan B. Gepty (far left) and Atty.
Andrew Michael S. Ong (middle).
IPOPHL NEWSLETTER
pared to its seizures of Php 2.083 billion for the
same period if 2011. Collectively, the estimated value of NCIPR seizures was only pegged
at Php 2,477,631,972.00 from 01 January to 31
August 2012.
Another factor identified was the retention
of the Philippines in the 2012 USTR Special
301 Report issued by the United States Trade
Representative, which identifies foreign countries that deny adequate and effective protection of IPR. This despite the significant gains
made by the country in terms of curbing piracy and protecting IPR, as shown by renewed
investor confidence and the shutting down of
notorious markets. The Philippines’ retention
in the Ordinary Watch List was seen as a significant blow to the morale of enforcement of
officers and law authorities.
Despite this, the IPOPHL remains unfazed
and continues its work towards promoting and
strengthening respect for intellectual property
rights throughout the country. Last year, the
NCIPR unveiled the 2012-2016 Philippine
Action Plan on IPR Protection and Enforcement during the 1st Philippine Anti-Counterfeiting and Piracy Summit held from 24 to 28
October 2011 at the Makati Shangri-La Hotel.
The Action Plan serves as the Road Map for
a more effective level of coordinated national
action to protect and enforce IPR.
During last year’s event, Vice-President
Jejomar C. Binay’s keynote address underscored the element of creativity as a major
driver of a country’s economy. The late DILG
Secretary Jesse Robredo also highlighted the
role of local government units (LGUs) in the
campaign against counterfeiting and piracy,
citing the issues of governance and trust, and
declaring that the DILG’s battle cry is to inculcate transparency, evidence-based policy, and
performance-based rewards system.
Building on last year’s gains, this year’s
Philippine Anti-Counterfeiting and Piracy
Summit is set to focus on effective investigation and prosecution as integral components of
IPR enforcement. Heads and key enforcement
officers of the member agencies of the NCIPR,
relevant government agencies, brand owners,
and IP stakeholders are expected to participate
in the event.
IPOPHL Deputy Director General Allan B. Gepty, Director General Ricardo R. Blancaflor and Atty. Bienvenido Marquez answer queries in an open forum during
the launch of the “Be Aware of Your Software: Maximize the Benefits, Minimize the Risks” campaign.
IPOPHL LAUNCHES “BE AWARE
OF YOUR SOFTWARE: MAXIMIZE
THE BENEFITS, MINIMIZE
THE RISKS” CAMPAIGN
THE Intellectual Property Office of the Philippines
(IPOPHL) has initiated a campaign to heighten
awareness on the benefits that companies can
get from using licensed software. Entitled “Be
Aware of Your Software: Maximize the Benefits,
Minimize the Risks”, the campaign was launched
on August 16, 2012 to address the rising incidence of software piracy, which hit a 70% high
in 2011. The launch was also coincided with the
celebration of the 7th Anniversary of the Pilipinas
Anti-Piracy Team (PAPT). PAPT is an organization
that comprises the Optical Media Board (OMB),
the National Bureau of Investigation (NBI), the
Philippine National Police (PNP), and the IPOPHL,
and was founded to curb software piracy in the
country.
With the strong backing from the Business Software Alliance (BSA), IPOPHL is confident that it will
be able to help business companies realize the advantages of using genuine software and the dangers
of illegal software use. The campaign will include the
conduct by IPOPHL of a voluntary survey of companies to check whether they use legal software or not.
Although voluntary, companies that will refuse may
be investigated, while companies that will be found
using licensed software will be given recognition by
IPOPHL. IPOPHL sees this campaign as a valuable
mechanism to increase respect for, and strengthen
protection of, intellectual property rights in the country.
SEPTEMBER 14, 2012, ISSUE NO. 3
3
54% OF FILIPINOS ARE
AWARE OF INTELLECTUAL
PROPERTY RIGHTS
– SWS SURVEY
IPOPHL PROJECT UPDATES
ACCORDING to a survey conducted by the Social Weather Stations (SWS) last May 24 to 27, fifty-four percent (54%) of adult
Filipinos are aware of the concept of intellectual property rights.
In a survey conducted on 1,200 adults in Metro Manila, Luzon,
Visayas, and Mindanao, respondents were asked if they were aware
that “[i]ntellectual property rights are the legal rights provided to
creators of artworks like paintings and sculpture, writers and authors
of books, songs or novels and other literary works, performers like
actors, singers and dancers, and designers/inventors of technological
products like computer software and computer games. These persons
have an exclusive right to use and profit from their creations/designs/
inventions. This means that they have the right to collect payment from
anyone who wants to use their creations/designs/invention.”
The survey results revealed that about half of the 54% who are already aware of the concept of IP rights have at least partial knowledge
of IP rights, with only 11% who have extensive knowledge and 18%
with partial but sufficient knowledge. Meanwhile, 46% of the respondents only heard about IP rights when asked during the survey.
IPOPHL Director
General Ricardo R.
Blancaflor acknowledged the importance
of conducting the survey, remarking that
“the results of the
survey is a real and actual benchmark from
which we may base
the effectivity of our
efforts to promote IP
awareness among Filipinos. This is validation for the men and women of IPOPHL- our work is actually reaching
the field.” He further posed this as a challenge to the IPOPHL to improve and continue its work towards an intellectual property-conscious
Philippines in a demystified, development-oriented, and democratized
IP System by 2020.
IPOPHL STREAMLINES DISPOSITION
OF ADMINISTRATIVE IPR CASES
IN a move geared towards transparency and the speedy disposition of cases, the IPOPHL
launched the IP Case Library,
an online tool that publishes the
decisions of the Bureau of Legal
Affairs (BLA) and the Office of
the Director General (ODG),
and makes the same available
for public access. The Library
may be accessed through the
IP TRIVIA:
Did you know that?
1) The Intellectual Property
Office of the Philippines (IPOPHL) is the only IP Office in
the ASEAN that has two Alternative Dispute Resolution (ADR)
IPO website, www.ipophil.gov.
ph/ipcaselibrary.
Efforts aimed at streamlining
legal procedures have also been
undertaken, starting with case
management and the continuing
capacity-building for hearing of
officers of the Office. The initiative
is seen as a significant step towards
eradicating the backlog of cases,
and ensuring quality judgments
and decisions.
Under Republic Act No. 8293,
or the Intellectual Property Code
of the Philippines, the IPOPHL
exercises quasi-judicial powers,
through its BLA, which has juris-
mechanisms: Mediation and Arbitration.
2) Since the Alternative Dispute Resolution (ADR) Services
commenced in January of 2011,
there have been 151 cases that were
amicably settled as of 6 Sept. 2012.
3) YELLOW CAB is a local
brand registered on May 21, 2004
by Yellow Cab Food Corporation
for class 42, restaurant services.
4) The first Utility Model re-
gistered in the Philippines was entitled “The Construction materials
and the like from Coconut husk”
owned by Martiniano Floro and
Dominador Tinio, and patented on
October 1, 1953.
5) A toothpick is an invention. An improved toothpick was
first registered in the Philippines
by Angelina D. Dy on August 1,
1995 with Patent/Registration No.
21995007984.
diction over administrative cases
for violations of laws involving
intellectual property rights (IPV),
as well as inter partes (IPC) cases.
Decisions of the BLA are then appealed to the ODG.
8) The “First Painting” of the
late president Corazon Aquino was
the IPOPHL’s first deposited copyrighted work with registration no.:
G-2011-00001 on April 29, 2011.
The registration is in the name of
the heirs of the late president Corazon Aquino, namely: Maria Elena
A. Cruz, Aurora Corazon A. Abellada, Kristina Bernadette Aquino,
Victoria Eliza A. Dee and Benigno
Simeon C. Aquino III.