Gains in IPR protection not enough to remove RP from USTR watch list

The Intellectual Property Coalition (IPC), an umbrella organization of private intellectual property (IP) stakeholders and associations in the Philippines, cited the continuing efforts of the Intellectual Property Office of the Philippines (IP Philippines) and the enforcement agencies in protecting intellectual property rights IPR in the past year, but noted that these were still not enough to merit the country’s removal from the USTR watch list.

This was the observation reported by the IPC in its anti-piracy review which it submitted to the Office of the United States Trade Representative (USTR) recently for the latter’s 2010 Special 301 report. The USTR has cited the Philippines among the countries in the priority watch list since 2001. It was only in 2006 when it was removed from the priority watch list and upgraded to the ordinary watch list.

In its submission co-signed by John Lesaca and Numeriano Rodriguez Jr., Chairman and Secretary-General, respectively, the IPC mentioned the creation of the National Committee on Intellectual Property Rights (NCIPR), the establishment of a permanent IPR Division in the Bureau of Customs and the sustained enforcement actions against copyright infringers in the past year as “important steps in setting the direction of the government’s IP policy and IPR enforcement programs.”

However, the group expressed its disappointment over “bills not being passed in Congress, the weak legal system and the government’s unresponsive actions to the need of institutionalizing the Optical Media Board (OMB),” as barriers in the advancement of the country’s IP framework.

“Since 2007, IP Coalition has been reiterating the need to pursue the above-mentioned specific tasks to sustain the gains we made in 2006, when we were removed from the priority watch list. Although efforts have been made, we are yet to see an adequate level of IPR protection that will provide lasting solutions to the problems of piracy and counterfeiting in the country and will remove the Philippines from the piracy watch list,” the group said.

“Little or no movement has been observed in the initiative to pass the enabling laws to implement the WIPO Internet Treaties. As a signatory to these treaties, the Philippines is under obligation to provide a legal framework to implement the provisions of these treaties,” the IPC submission further stated.

One of the bills, which was not passed during the 14th Congress was Senate Bill No. 880 (An Act Amending Certain Provisions of Republic Act No. 8293 or the Intellectual Property Code of the Philippines and for Other Purposes), which seeks to “amend the Code through the integration of comprehensive and efficient strategies to respond to the upsurge of Internet piracy.”

While lamenting the weakness in the country’s legal system, the IPC expressed optimism for its improvement through the issuance of the draft of the proposed Special Rules on IP Litigation, which was an initiative of IP Philippines to be able to address the problems of delays in the adjudication of IP cases by the courts.

“Apart from the impressive performance of the enforcement agencies, the single most significant development in IPR protection during the past year has been the drafting and submission to the Chief Justice of the proposed Special Rules on IP Litigation. However, unless said Rules are approved by the Supreme Court, the perceived weaknesses of the legal system will not be addressed,” the group said. –Manila Bulletin