The Philippines stays out of the United States watchlist on intellectual property rights for the 10th year in 2023, according to the Special 301 report of the the Office of the US Trade Representative released Wednesday.
Rowel Barba, director-general of the Intellectual Property Office of the Philippines (IPOPHL), attributed the performance over the past 10 years to the hard work of all member agencies of the National Committee of Intellectual Property Rights in combatting counterfeiting and piracy.
Barba said being out of the watchlist will further encourage Philippine artists, inventors, businesses to create more works and inventions.
“Investors will be encouraged to invest in the Philippines knowing that their IPs are protected in the Philippines,” Barba said.
But the report cited a study by the Organization for Economic Co-operation and Development and European Union Intellectual Property Office which tags the Philippines as one of the leading sources of counterfeit pharmaceuticals coming into the US in 2022.
The IPOPHL, however, challenged the accuracy of the publication saying “we hope they could obtain more recent available data to reflect the enforcement efforts taken after the 2014-2016 data.”
The report also cited the Philippines as one of the countries which reportedly have slow opposition
or cancellation proceedings on trademarks, a process that is supposed to resolve conflicts in case of prior marks.
Barba said IPOPHL is working to implement new rules that will further shorten the total process timeline.
In the report, the USTR said the European Union’s expansion of its GI system among trading partners is “highly concerning” as it “significantly undermines” trademarks held by US producers and limits market access of goods that rely on the use of common names, such as parmesan or feta.
But Barba assured IPOPHL will not grant automatic GI protection and that every GI application will undergo search and examination and publication for any interested party to object or oppose an application before registration and protection.
IPOPHL issued last year Memorandum Circular 22 which promulgated and brought the GI Regulations of 2023 to promote and enhance GI protection as a separate IP right recognized in the IP Code, among others.
