Making Phl top innovation, creative hub

In this fast-evolving globalized world, we have learned that those who fail to adapt to new rules and laws will always fall behind. However, rewards await those who can nimbly pivot to the new demands.

The Intellectual Property Office of the Philippines or IPOPHL is very fortunate to have passionate allies in the House and the Senate. They understand that even domestic intellectual property or IP rules have to dance cheek-to-cheek with global changes if we want to keep the Philippines from falling behind. They understand that creating a competitive Philippines requires adequate protection for IP rights which help oil the wheels of technological and economic growth everywhere.

This week, IPOPHL briefed the staffs of Senator Imee Marcos, Senator Loren Legarda, Rep. Marvey Marino, Rep. Joey Salceda, and the House Committee on Trade and Investments, all of whom we appreciate highly for taking the time to listen to the pressing needs of our creators, innovators and IP rights holders. Our conversations were filled with insightful exchanges on the future of the knowledge economy, affirming that we share the same vision of an IP system that fosters inclusive economic and social development.

In our meeting, we provided the honorable lawmakers with an overview of the 10 main provisions we propose to make the new IP Code more responsive to technological and relevant global developments.

Key proposals

These 10 key amendments we are pushing for are the following:

1. Impose steeper penalties on infringers — and steeper even where IP infringement threatens health and life, such as when counterfeit drugs and food are involved;
2. Give IPOPHL power to issue orders to block pirated sites and take down IP-infringing posts and platforms;
3. Adopt a solidary liability in trademark infringement where online platforms and service providers, as well as landlords in the case of brick-and-mortar stores, are held accountable for their client-sellers’ IP infringing acts;
4. Allow provisional patent applications which will give filed technologies protection on the date of filing;
5. Introduce a parallel protection system, through which inventors can simultaneously register for a patent grant and utility model or UM protection for the same technology. Such would allow inventors to attempt a patent grant while already commercializing their works as UM applications can be approved in months compared to patent applications which could take years;
6. Provide clear-cut rules on orphan works, which are copyrighted works whose rights holders are difficult to determine or contact;
7. Protect sound marks and certification marks to provide brands with more tools to gain better recall;
8. Recognize extended collective licensing, through which collective management organizations or CMOs can provide licensing solutions to non-members, enabling greater access to CMOs’ cost-efficient, one-stop-shop licensing solutions;
9. Remove the P200,000 damage claim threshold. At present, cases with claims below this amount, usually by MSMEs, cannot be filed as an administrative case; and
10. Institutionalize the interagency National Committee on IP Rights, the IP Rights Enforcement Office, and the IP Academy to funnel to them proper funding and other means of support.

Combined, these 10 key amendments will apply global best practices for protecting Filipino inventions; provide an enabling environment for the Philippine creative industry; create more measures to deter counterfeiting and piracy; and make solutions to IP rights protection more accessible to both small and big businesses alike.

The proposed protection of sound marks in particular will allow the country to comply with its trade obligation under the Regional Comprehensive Economic Partnership or RCEP Agreement.

Building a new IP system sends the world the message that we are building a Philippines that is safe and reliable for all creators, innovators, and entrepreneurs. Once we turn the page over with this better Philippine IP environment, our kababayans can expect IP creation to set out at an unprecedented pace and make impacts we’d never seen before.

The post Making Phl top innovation, creative hub appeared first on Daily Tribune.