THERE might be improvements, but Manila still has a lot of work to do in protecting the intellectual-property (IP) rights of creators and copyright holders, according to a Washington report.
In its 2019 National Trade Estimate Report on Foreign Trade Barriers, the Office of the United States Trade Representative raised concern over the IP environment in the Philippines. It claimed online piracy and counterfeit drugs, among others, are becoming prevalent in the country, as reported by US rights holders. The USTR also assailed the Philippine government for apparently taking slow legal action on IP rights violators.
“There have been improvements in the Philippines’s intellectual- property rights environment in recent years. Nonetheless, US rights holders report some concerns, including increasing online piracy, counterfeit drugs, counterfeit clothing apparel and weak provisions in patent law that may preclude the issuance of patents on certain chemical forms, unless the applicant demonstrates increased efficacy,” the report read.
“US rights holders have also expressed concerns about the continued availability of pirated and counterfeit goods in the Philippines, high cost of conducting raids, slow investigation of IP-related cases by the Department of Justice and judicial inexperience in handling IP enforcement cases, both civil and criminal,” it added.
The Interagency National Committee on Intellectual Property Rights seized a record high P23.6 billion of pirated and counterfeit goods in 2018. Confiscated fake cigarettes and alcohol amounted to P20.25 billion and P3 million, respectively, accounting for the lion’s share of the total haul.
Authorities also seized P1.2 billion of counterfeit pharmaceutical and personal-care items, P821 million of knockoff bags and wallets, and P790 million of pirated optical media.
Washington is also monitoring the development of new regulations on geographical indications and its potential impact on market access for US products. A GI is a sign used on products that have specific geographical origin and possess qualities or a reputation that are due to that origin, according to the World Intellectual Property Organization.
In a joint statement with the US last October, the Philippines committed “to protect GIs in a manner mutually beneficial to both countries by ensuring transparency, due process and fairness in the laws, regulations and practices that provide for the protection of GIs, including by respecting prior trademarks and no restriction of the use of common names.”
Further, Manila vowed not to provide automatic GI protection, including to terms exchanged as part of a trade deal. Washington, for its part, said it will continue to monitor the implementation of this and other commitments related to GIs.