Sui generis regime in the Philippines
Sui generis is a Latin phrase that means “of its/their own kind”, “in a class by itself”, therefore “unique”. In the matter of IP, a sui generis regime can be understood as the implementation and building of a new IP system that is not the typical IP rights as we have all known. The Philippines has just launched a sui generis system regarding the protection of geographical indications.
The main types of intellectual property law cover copyright which protects creative works; patent which protects invention; trade secret which protects information not generally known or readily ascertainable that is valuable to the secret holder; and trademark which protects branding and other exclusive properties of products and services. Any matter that meets these criteria can be protected.
The rest of the IP assets are considered to be the sub-intellectual property rights such as geographical indications, rights for plant varieties, integrated circuit layouts, ship hull designs, fashion designs, integrated circuits,…
The reason why these types of IP assets are considered of sub, secondary nature is that not many countries consider these types of assets protectable as IP assets. For example, the integrated circuits are protected in the United States, Japan, Australia and many EU countries but not of worldwide recognition. In particular, the USA even has its own sui generis law on integrated circuits called Semiconductor Chip Protection Act of 1984.
Sui generis system in the Philippines
After nearly 20 years of study and multi-stakeholder consultations, the Director General of the Intellectual Property Office of the Philippines (IPOPHL) Rowel S. Barba and the Bureau of Trademarks authorized the release of the GI Rules & Regulations on the protection and enforce of geographical indications.
According to the GI Rules & Regulations, GIs is “any indication which identifies a good as originating in a territory, region or locality, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin and/or human factors.”
Following the new rules, GI registration and protection in the Philippines from now on will be applying the new mechanism under the sui generis regime. With the new regime, the IPOPHL expect to see a new surge of Gis registered in the following years, capable of boosting the Philippines’ role in the world stage in terms of GIs.
So that in the coming period, there would be a Philippines GIs in lines with Champagne from France, Kampot pepper from Cambodia, and Darjeeling tea from India. When speaking of such GIs, the people around the world will instanctly learn of its origin, the Philippines.
According to Rowel S. Barba, the Director General of IPOPHL, the GI legislation represents a watershed moment for the Philippines because, unlike most ASEAN countries, this nation has been missing out on the economic and cultural opportunities that GIs may provide.
“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 … We are now assured of better protection and higher value-add to world-class products that make us proud to be Filipinos,” Barba said at the ceremony to officially launch the new regulations.
*** 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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