IPOPHL issued implementing rules and regulations (IRR) on GI
To increase the awareness and most importantly, the protection of geographical indications (GI) assets in the Philippines, recently, the IPOPHL has drafted the implementing rules and regulations (IRR) on geographical indications (GI).
The draft went through its first round of stakeholder consultations last May 12.
The implementing rules and regulations (IRR) on geographical indications (GI) was drafted by the Bureau of Trademarks and have the goal to recognize geographical indications as an IP asset and consequently, have adequate protection as a valuable IP asset.
Through the IPR, the Philippines’ commitment as a World Trade Organization member to provide reciprocal rights and GI protection to other countries will be met.
The implementing rules and regulations (IRR) on GI
According to the draft, GIs is defined as “any indication which identifies a good as originating in a territory, region or locality, where a given quality, reputation, or other characteristics of the good is essentially attributable to its geographical origin and/or human factors.”
Under the draft, GI registrants have the right to prevent the use of their products in the following manners:
- misleading the public as to the geographical origin of the goods;
- falsely representing to the public that the goods originate in another territory;
- for wines or spirits, using in translation or accompanied by expressions such as “kind,” “type,” “style,” “imitation,” “method,” “as produced in” or other similar qualifying terms;
- for agricultural products, foodstuff, and any product of handicraft or industry, using in translation or accompanied by expressions such as “Kind,” “type,” “style,” “imitation,” “method,” “as produced in” or other similar qualifying terms, if such use would be misleading to the public;
- constituting an act of unfair competition as defined by the Paris Convention;
- any other use similar or analogous to the above.
However, even if a GI is registered, the Bureau of Trademarks could revoke the registration 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;
- the registration of the GI was obtained through false statements and documents during the course of the application;
- the registered or protected geographical indication has been proven to be generic for, or a common or customary name of the goods covered in the Philippines.
Expert opinions
The IPR has clearly stated the importance of protecting GIs: “[P]rotection of geographical indicators is crucial in establishing the competitive edge of our local and indigenous products.”
IPOPHL Director-General Rowel S. Barba said about the matter: “We hope to finalize and implement the IRR soon so that we can make our unique and high-quality Philippine products more appealing. Supporting these goods to have the global spotlight they deserve will make a tangible difference in the lives of our farmers, weavers, and everyone who makes up our GI landscape.”
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