THE Intellectual Property Office of the Philippines (IPOPHL) said that the Intellectual Property (IP) Code of the Philippines needs to be responsive to developments in technology while complying with international commitments.
IPOPHL Director General Rowel S. Barba said at the Trademark Conference on Wednesday that the law is 27 years old, making it ripe for updating to address emerging challenges.
“It needs to be amended to respond to technological advances, which have created new challenges in protecting and enforcing IP rights, (and) to increase penalties to deter counterfeiting and piracy, particularly those acts that endanger life and health,” the IPOPHL said.
It added that amendments to the IP law should help the Philippines comply with international agreements like the protection of sound marks under the Regional Comprehensive Economic Partnership (RCEP) agreement.
IPOPHL said that among the provisions that require immediate amendment is the limited enforcement function of the agency in addressing IP rights violations.
It said amendments must also transform its enforcement office into a bureau.
The IPOPHL also cited the need to remove the P200,000 threshold for claims in filing complaints and cases as it limits micro, small and medium enterprises’ access to IPOPHL services.
Meanwhile, the IPOPHL sees the expansion of the coverage of registrable marks under the IP Code as a way to help the Philippines comply with its RCEP commitments and spur creativity.
Another required amendment sought by IPOPHL is the removal of the prohibition against the parallel filing of patents, utility model applications, and provisional patent applications.
It cited the need to transfer the mandate of the National Library of the Philippines to administer copyright deposits and registrations to the IPOPHL.
According to the IPOPHL, the bills pending in Congress seeking to amend the IP Code include Senate Bill No. 2326, House Bill (HB) No. 3838, HB 2672, and HB 799. — Justine Irish D. Tabile
