The country’s intellectual property agency is now rolling out set of reforms on cutting red tape as mandated by the ease of doing business (EODB) law.
In a news statement issued on Tuesday, the Intellectual Property Office of the Philippines (IPOPHL) said it is “making significant strides” in reducing intellectual property cases backlog, as well as streamlining processing of trademark applications. The agency is targeting to expedite service delivery to comply with requirements under the EODB law.
IPOPHL Director General Josephine R. Santiago said the agency is exerting all efforts needed to improve and streamline its services to practitioners.
“For instance, first in our priority is the backlog reduction program. Among measures taken, we’re requesting additional plantilla positions from the Department of Budget and Management for more lawyers and patent and trademark examiners,” Santiago said.
She added the IPOPHL is eyeing a green lane for trademark applications, inspired by best practices from its counterpart in the European Union.
“We will soon implement the Joint Examination Track [JET], where a group of senior examiners will immediately decide on a mark’s registrability on absolute grounds. If it’s allowed by the JET examiners, the trademark application will be published for 30 days to accommodate any opposition,” Santiago explained.
The trademark is deemed registered on the 31st day if there is no opposition.
However, the JET procedure will not cover examination of marks based on relative grounds. An example is where there is a chance of confusion with an identical or similar mark, as the trademark application will have to undergo the regular procedure.
Under the current procedure, trademark applicants has to first secure a filing date, complete a set of requirements and pay the necessary fees before the mark undergoes an examination to determine registrability.
“We will comply with the ease of doing business [law], insofar as applicable without sacrificing quality outcomes. The Intellectual Property Office of the Philippines and our obligations under international agreements and treaties are there to ensure this,” Santiago said.
A longer time frame, the agency has insisted, is needed to consider the complexities in the examination process, as well as to provide applicants and the IPOPHL the leeway to come out with quality patents.
Under the EODB law, government transactions have been simplified to three days, seven days and 20 days for simple transactions for complex transactions and highly technical transactions, respectively. The IPOPHL chief said efforts to fast-track its procedures are not just in compliance with the law, but also to improve overall service to its clients.