Several efforts of the Intellectual Property Office of the Philippines (IPOPHL) to promote and leverage mediation in resolving intellectual property (IP) disputes emerged as best practices, potentially adaptable for other jurisdictions across Southeast Asia and beyond.
In his opening remarks for the two-day IP Key Southeast Asia IP Mediation Conference held last week, Deputy Director General Nathaniel S. Arevalo highlighted the Bureau of Legal Affairs’ (BLA) programs and initiatives, such as mandatory mediation and allowing online mediation.
He also cited the recent success of the BLA’s Mediation Outside Litigation (MOL). Seeking to resolve IP disputes even before they escalate to formal court or IPOPHL filings, the MOL served as a platform to close six IP disputes between the San Miguel Food and Beverage, Inc. (SMFB) and Gold Label Resources, Inc. (GLRI).
“Our BLA continuously ensures we have systems and practices in place for an effective mediation process that can mend relationships, establish trust and, ultimately, turn disputes into potential opportunities,” Arevalo said.
Philipp Dupuis, Minister Counsellor and Head of Trade and Economic Affairs of the Delegation of the European Union to the Philippines, noted the region’s diverse, innovative approaches to IP mediation, citing practices such as preemptive mediation for potential IP conflicts, subsidized mediation programs and cross-border mediation frameworks that address IP issues across Southeast Asia.
“We are pleased to have the opportunity once again for an exchange of best practices and the sharing of more in-depth insights between the Southeast Asian countries and the new EUIPO boards of appeal,” Dupuis said.
The conference provided a forum for delegates to share their mediation procedures and experiences, as well as efforts to promote mediation in their countries. Representatives also discussed challenges, including ensuring impartiality, training mediators with the technical and practical skills needed to encourage parties’ cooperation and securing resources to accommodate a rise in cases.
The discussions emphasized the need for infrastructure that can handle evolving IP dispute demands. IPOPHL, for its part, is actively working to expand its roster of accredited mediators with expertise in emerging technologies to better handle future disputes.
“The European Union remains committed to providing support and continuing the strong cooperation with all our dialogue partners around the world throughout this process,” Dupuis added.
The IP Key SEA is a project directed by the European Commission and implemented by the EUIPO in Southeast Asia. It aims to support IP rights protection and enforcement in the region and facilitate market access to international trading partners, especially EU businesses and innovators.
BLA Officer-in-Charge Director Christine V. Pangilinan-Canlapan expressed gratitude to the IP Key Project for its active work in helping build a culture of collaboration to improve IP practices in the region.
“We thank IP Key SEA for holding this conference to promote a more positive impact in positioning mediation as the way to go for settling IP disputes. Together, with the EU and our friends in the region, we hope to build an IP culture that can foster innovation and creativity while ensuring our people’s IP rights remain protected,” Pangilinan-Canlapan said.
