“Our consistent efforts in intellectual property (IP) enforcement has kept our positive standing in the global IP community and we intend to continue elevating not just our enforcement mechanisms to support the growth of IP rights holders but also raise awareness on the dangers of counterfeiting and piracy,” IPOPHL Director General Rowel S. Barba said. 

In its 2024 Special 301 Report, the USTR cited the country’s newest E-Commerce Bureau under the Department of Trade and Industry for its objective to protect online consumers and merchants against fraudulent transactions, including the sale of counterfeit goods online.

Of IPOPHL’s awareness efforts, the USTR noted its “IP and Citizen Journalism for Schools” program, the recent soft launch of the “Pirated Inferno” comic, and its collaborative anti-piracy campaign as best practices in gathering domestic support. 

USTR also looked at best practices that encouraged the active participation of government officials in technical assistance and capacity building. For the Philippines, it took stock of the National Judicial Colloquium on IP Adjudication, which included participation from judges from Australia and Singapore to share best practices.

Aside from the USTR-cited initiatives, Barba added that its site-blocking rules which came into effect early this year “effectively gathered the support of stakeholders and partners.” IPOPHL, he said, has also been going to different local government units to encourage the development and adoption of an Anti-Counterfeiting and Anti-Piracy (ACAP) Policy. 

The IPOPHL chief added that its “Say ‘No’ to Piracy” awareness campaign has also been gaining ground with the ambassadorship of actor Matteo Guidicelli. 

Still ‘more work’

But amid commendable points raised by the USTR, IPOPHL said more work has to be done. 

“While we are pleased that the USTR took notice of several best practices in the Philippines, this is certainly not a ticket to sit comfortably as it also cited longstanding issues which IPOPHL, together with the whole of the NCIPR, has been addressing actively and collaboratively as we comprehensively showed and explained in our annual correspondence to the USTR,” said Barba, who sits at the NCIPR as acting chair. 

The USTR flagged slow opposition and cancellation proceedings, the country being a source of fake medicines and the geographical indication issues. 

On the allegations of slow opposition proceedings for example, Barba said that the Bureau of Legal Affairs in fact saw a faster turnaround time in the processing to disposal of cases from, 19.6 months in 2022 to 14.2 months in 2023, on the back of the electronic filing system and digital case management system implemented in 2021. 

As of the first quarter of 2024, the processing time has been further reduced to nine months. In fact, it took only an average of six days to issue decisions from the date the cases were submitted for decision, as compared to 10 and seven days in 2022 and 2023, respectively.

“We stand by the merits of our defense, which are robust enough to put the USTR’s concerns behind us. We will continue working with the NCIPR and relevant stakeholders to preserve the trust and confidence of investors and consumers and maintain the country’s good reputation in the global IP and enforcement landscape,” added Barba.

“Your IP is your lifeblood in this industry. Knowing that your ownership will be fully protected, you can confidently continue to create content that you can gain from thanks to the economic benefits derived from your IP rights, IP Office of the Philippines (IPOPHL) Director General Rowel S. Barba said at the seminar titled “IP Forward>> IP Masterclass for Media Personalities and Professionals.”

The masterclass comes after several consecutive weeks of various IP issues cropping up in the media and entertainment industries. Such has stirred up online conversations on IP and brought to the fore the public’s misconceptions surrounding it, particularly differences between trademark and copyright, music copyright and performance rights and various types of IP infringement.

“We hope that after this masterclass, you will be able to use this knowledge to become advocates and champions of IP rights for our people as well. We are confident that your brand and influence will help amplify IPOPHL’s efforts to educate our people about their IP rights,” Barba added.

The sessions covered an overview of the Philippine IP system, the value of protecting trademarks across media platforms, creative works and copyright in the media industry and a guide for media professionals about IPOPHL’s enforcement procedures and processes.

Bengzon & Untalan (B&U) Senior Associate Karla V. Bernardo stressed the importance of IP rights awareness to both the public and the creative industry. “It’s good to keep in mind that the general policy of IP law is to encourage creativity so the public can benefit from that creativity,” Bernardo said.

Meanwhile, the Cultural Center of the Philippines (CCP) Culture and Arts Officer and Cinemalaya Associate Festival Coordinator Minda T. Casagan echoed the need for strengthening IP awareness in the film and cultural arts industry.

“More than anything, the value of respect for everyone else’s creations must be inculcated in all of us, especially in the industry of filmmaking, music and cultural arts for that matter,” Casagan said.

The 118 participants in the learning activity included members of the academe, mainstream broadcast networks, radio platforms and independent content creators. Aside from the CCP, other government agencies present in the masterclass were the Department of Science and Technology (DOST); the Department of Trade and Industry (DTI); the Department of Agriculture (DA); the Department of Tourism (DOT); the Metropolitan Manila Development Authority (MMDA); Pag-IBIG; the Department of Education (DepEd); and the Supreme Court.

The IP Academy is set to continue the regular conduct of specialized courses for media professionals across different platforms. IP Academy Officer-in-Charge and Bureau of Copyright and Related Rights Assistant Director Dr. Frederick P. Romero added that IP Academy will target TV, print, digital and social media in future IP Masterclasses to foster the importance of IP protection.

“It is important to have a whole-of-society approach in sustaining media literacy on IP in the Philippines. IPOPHL cannot do this goal alone. We hope that we can have the support of different government agencies and private organizations in promoting IP rights,” Romero said.

The IP Academy serves as the national center of IP training, professionalization and research arm and provides IP courses and modules tailored to specific industries. Interested participants may sign up through the IP Learning Activities Workspace (ILAW) for upcoming learning events.