RP stays out of IPR ‘priority’ watch list

MANILA, Philippines—The Philippines continues to be on the US Trade Representatives’ Special 301 “ordinary” watch list amid efforts to curb all forms of intellectual property piracy in the country.

The USTR report released Friday showed that the country managed to stay out of the “priority” watch list—reserved for American trading partners deemed having inadequate intellectual property rights protection or enforcement.

The country, however, will be subject to an out-of-cycle review by the USTR within the year due to concerns that Washington still has on the local IP environment.

The US government expressed particular concern about amendments to the patent provision in the Intellectual Property Code regarding pharmaceutical products as well as about the continuing proliferation of optical media pirates.

“The amendment significantly weakens patent protection for pharmaceutical products,” the USTR said in its 2009 Special 301 Report.

“Unfortunately, despite the continuing efforts of some Philippine officials—notably in the Intellectual Property Office, Optical Media Board and (Bureau of) Customs—to improve enforcement, there is no true deterrent mechanism in place to dissuade IPR infringers from their illegal activities,” the report further stated.

The USTR said the Philippine government has yet to address problems posed by the digital environment, particularly peer-to-peer piracy, mobile device piracy and illegal camcording.

“The United States urges the government to put in place mechanisms and laws that will address the weaknesses in its current system, such as specialized IP courts and legislation to implement the WIPO (World Intellectual Property Organization) Internet Treaties and to address illegal camcording,” the 301 Report said.

The Philippines was placed on the US anti-piracy “priority” watch list in 2001, with a threat of trade sanctions if the government continued to fail to curb IP violations in the country. –Abigail L. Ho, Philippine Daily Inquirer