Philippines: Initial Rules on GI are DraftedAAA IPRIGHT2
The Intellectual Property Office of the Philippines (IPOPHL) has released implementing rules and regulations (IRR) on geographical indications (GI) in order to strengthen the protection of GI products in the Philippines.
“Protection of geographical indicators is vital in developing the competitive edge of our local and indigenous goods,” the IRR declared after its first round of stakeholder meetings.
The IRR, which was created by the Bureau of Trademarks, aims to guarantee that geographical indications (GIs) are recognized as protectible IP under the 1997 IP Code. It would also fulfill the Philippines’ responsibility as a WTO member to give reciprocal rights and GI protection to other nations.
The draft IRR
According to the draft IRR, “Any signal that identifies a good as originating in a nation, area, or town where the good’s quality, reputation, or other feature is mostly related to its geographical origin and/or human aspects.”
In order to increase the protection of geographical indications (GI) products in the Philippines, the Intellectual Property Office of the Philippines (IPOPHL) has issued implementing rules and regulations (IRR) on GIs.
The IRR, created by the Bureau of Trademarks, strives to ensure that GIs are recognized as protectible IP under the 1997 IP Code. It will also meet the Philippines’ commitment as a World Trade Organization member to give reciprocal rights and GI protection to other countries.
The draft IRR, which went through its first round of stakeholder discussions last May 12, stated: “Protection of geographical indicators is crucial in developing the competitive edge of our local and indigenous goods.”
According to the proposal, GI registrants have the right to prevent the use of their products from being used in the following ways:
- 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; and
- any other use similar or analogous to the above.
The IRR also provides the registration process and requirements for application.
Protection for a GI is not subject to a certain period and will remain valid unless its registration is canceled.
The Bureau of Trademarks could revoke a 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 factor;
- 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; and
- 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.
The Trademarks part of the Intellectual Property Code of 1997 protects GIs in the Philippines. Potential GIs include the well-known Guimaras Mangoes and the Tau Sebu T’nalak, both of which are registered as collective marks.
Others are Bicol Pili, Davao Pomelo, Cordillera Heirloom Rice; Camiguin Lanzones; Davao Cacao; Kalinga Coffee; Antique’s Bagtason Loom; Aurora’s Sabutan Weave; Samar’s Basey Banig; Basilan and Zamboanga’s Yakan cloth; and, most recently, the Masbate beef and Baguio Strawberry.
Director General Rowel S. Barba stated, “We aim to finalize and implement the IRR quickly so that we can make our distinctive and high-quality Philippine products more marketable”. “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.”
*** Other Articles***
– You can check FEE OF TRADEMARK IN Philippines HERE.
– You could visit here to see Procedure of Philippines Trademark Registration.
– You could visit here to check the required documents for filing trademark in Philippines.
– Other questions of trademark in Philippines here.
– You could also check the trademark fees in ASEAN countries here. All with affordable fees.
– You could also check the trademark fees in ASIA here. All with affordable fees.
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