The United States has flagged certain intellectual property rights (IPR) issues in the Philippines such as counterfeit medicines as well as slow process in trademark processing.
The Philippines marks the eighth year of being out of the US Special 301 watchlist but these were cited as ongoing concerns.
The report released April 30 cited a study of the Organization for Economic Cooperation and Development and the European Union Intellectual Property Office which found the Philippines is one of the leading sources of counterfeit medicines distributed globally.
“The United States is particularly concerned with the proliferation of counterfeit pharmaceuticals that are manufactured, sold, and distributed in numerous trading partners,” the report said.
The Philippines was also cited as one of those countries which reportedly have slow opposition or cancellation in trademarks, delaying the process in obtaining registrations.
Teorodo Pascua, deputy director-general of the Intellectual Property Office of the Philippines (IPOPHL), however, said the alleged counterfeit medicines are likely to have been transported to the country as “ we don’t have much technology to do illegal medicines.”
He said concerns over counterfeit medicines have been raised the past two years and that the Philippine National police, National Bureau of Investigation and Food and Drug Administration have vehemently denied.
Pascua expressed hopes the bill to amend the IP Code, including doubling the fines and penalties on counterfeiters of medicines and other products which pose danger to life and health, will soon be passed into law. At present three bills to update the IP Code —— House Bills 8062, 1597 and 8620 —— are being consolidated at Congress on a committee-level.
Pascua said the alleged slow process in processing opposition and cancellation proceedings on trademark at the Bureau of Legal Affairs of IPOPHL has addressed.
“Our new processes of mediation and arbitration will greatly address that,” he said.
On a positive note, the US cited the Philippines as among the countries which have adopted laws and enforcement designed to prevent unauthorized camcording and
urged countries to do the same.
“The Philippines’ anti-camcording law is considered as example and best practice. Even Greenhills has been removed from the notorious watchlist,” Pascua said.
The closure of cinemas during the pandemic has lessened illegal camcording and piracy.
With fewer films being released, Filipinos have found streaming sites as options for
entertainment.
“The Philippines has progressed a lot, and will still be instituting new programs/policies and activities on online counterfeiting and policies.
“We hope, as in the case of the government use of unlicensed software, our merits on other issues will also be considered and resolved,” Pascua said, referring to the removal of the erroneous finding that government uses unlicensed software.
IPOPHL had cited the Government Procurement Reform Act of 2002, which provided that legitimate bidders with genuine, authorized, and good quality products can participate in the bidding process as well as Executive Order No. 262 and Memorandum Circular No. 115 which direct government offices to only acquire licensed software. Irma Isip
