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Wednesday, April 24, 2024

IPOPHL drafts initial rules on GIs in push for protection, promotion of local products

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The Intellectual Property Office of the Philippines (IPOPHL) has announced that its geographical indication rules are now in effect, which signals the “strengthened” protection and promotion of local products.

“After nearly 20 years of research and multi-stakeholder consultations, the Philippines is finally putting in place a sui generis system to protect geographical indications (GIs),” IPOPHL said in a news statement issued on Friday. 

IPOPHL said this comes after the publication of the GI Rules and Regulations, which was approved by IPOPHL Director General Rowel S. Barba and prepared by the Bureau of Trademarks (BOT).

According to the agency, the new rules define GI as “any indication, which identifies a good (or particular product) as originating from a territory, region or locality, where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin and/or human factors.”

Meanwhile, the agency said sui generis regime means local products which meet the criteria for GI protection will now have a separate registration system due to the “unique” ways needed to “effectively” protect them and fulfill the vision of the 1997 Intellectual Property (IP) Code in using IP for development. 

According to BOT Director Jesus Antonio Z. Ros, the GI regulations are expected to benefit most the agricultural and handicraft sectors and promote the traditional and indigenous Philippine products. 

“Sui generis GI registration in the country will accelerate, among many others, efforts to preserve our cultural heritage and identity,” Ros said.

Some of the world-famous GIs, IPOPHL noted, include Champagne of France, Kampot Pepper of Cambodia and Darjeeling Tea of India. 

According to Barba, the GI regulations mark a “breakthrough” for the Philippines as the country, unlike most Asean members, has been missing out on the economic and cultural opportunities that GI can offer.

“The GI regulations are part of our continued commitment to the Filipino people, to protect and promote the hard work, passion and creativity that they put into these local agricultural products, foodstuffs, handicrafts, and other valuable IP products that are catalysts for our country’s economic development and global prestige,” Barba said during last week’s event.

 “We are now assured of stronger protection and greater value-add to world-class products that make us proud as Filipinos,” Barba added.

Meanwhile, the European Union (EU) also underscored the role of the new GI regime in driving inclusive growth and promoting culture. 

“GIs are important means to create jobs, attract investments, draw business and support local communities in rural areas who might otherwise get left behind,” Philipp Dupuis, Head of the Economic and Trade Section of the EU Delegation in the Philippines, said, adding that a “solid legal system for the protection of GIs [will also put] real value to the cultural heritage and traditional know-how” of the country.

“In this area, the Philippines—with its rich diversity and tradition—excels, and has a lot to offer,” Dupuis said.

Dupuis noted that the GI sector contributes significantly to the EU economy, making up about 50 percent of the total food and drink exports alone. 

For her part, Amparo C. Ampil, Chief of the Department of Agriculture’s Food, Agriculture and Fisheries Policy Division, expressed the agency’s continued support for IPOPHL’s initiative to protect local and traditional products. 

The United States Department of Agriculture, Embassy of Switzerland in the Philippines and Italian Chamber of Commerce in the Philippines also assured their support in the implementation of the country’s new GI system. 

IPOPHL said its Bureau of Trademarks would serve as the primary implementing body of the GI regulations, including the search and examination of applications and the issuance of registration certificates.

 IPOPHL stressed that unlike trademarks where an application is filed by an individual or a single entity, GIs must be registered under an association of producers that are directly involved in the production, engaged in the trade of goods, and/or are in charge of regulating or protecting GIs. 

According to IPOPHL, a government agency or local government unit may also be a GI registrant provided that the origin of the goods is within its area of responsibility.

As for the terms on regulations, IPOPHL said the regulations further indicate that the term of GI protection is indefinite without the need to renew. 

The agency noted, however, that the registration can be revoked based on the following grounds:  the conditions for protection have not been fulfilled; there has been a change in the geographical origin of the goods including the natural and human factors; a court or tribunal rules out that the identified producer has no effective control over the use of the GI, standards of production of the goods and other product specifications;

Other grounds that could get the registration revoked would be: the registration of the GI was obtained through false statements and documents during the course of the application; and the registered or protected GI has been proven to be generic for, or a common or customary name of the goods covered in the Philippines.

IPOPHL said the rules also provide special consideration to members of indigenous cultural councils and indigenous peoples. When found qualified, the agency said they may be granted a waiver of fees by the director general. 

The IPOPHL said it is now finalizing a bill to Congress to further strengthen GI protection and enforcement.

“We acknowledge that this is just the beginning of a lifetime of commitment, but we are very proud to be at the forefront of this notable endeavor that elevates our nation’s IP regime,” Barba said. 

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