RP aims to be removed from US piracy watch list by next year

RP aims to be removed from US piracy watch list by next year

… But setting up special courts to handle infringement cases may take some time

THE PHILIPPINES is batting to be removed from the United States’ annual watch list of countries notorious for copyright piracy by 2011 after it figured once again in this year’s list, a state agency yesterday said.

Efforts are under way to improve laws and speed up the judicial process — areas for improvement tagged by the US Trade Representatively (USTR) office in the Special 301 report released last April 30, the Intellectual Property Office of the Philippines (IP Philippines) said.

“Yes, we are confident at IP Philippines [that the country will no longer be listed next year],” the state agency’s newly installed director-general, Ricardo R. Blancaflor, said in a telephone interview yesterday.

This comes as the Philippines is up for another of the USTR’s “out-of-cycle reviews” this year which could result either in the country being removed from the list or downgraded to the priority watch list.

Last year, the Philippines’ IP rights regime had already been up for review. It was later deemed “ineffective” in the 2010 report, thus landing the country in this year’s watch list alongside 28 other nations.

Poland, whose IP regime was also up for review last year, fared better and was removed from the 2010 watch list owing to “significant reduction in the availability of pirated goods at border markets.”

The USTR hinted at some concerns which could affect the Philippines’ standing next year, namely:

* the long-petitioned establishment of special IP courts;
* the passage of laws to punish illegal camcording in theaters; and
* the implementation of a global IP treaty.

“We expect the anti-camcording bill to be signed anytime. I’m confident [it will be passed before Congress’ term ends in June]. It is already in its final stages,” Mr. Blancaflor said, noting that the bill has already hurdled the bicameral conference committee of the current Congress.

“Accession to the treaty, meanwhile, is just a matter of time,” Mr. Blancaflor said, referring to the World Intellectual Property Organization (WIPO) treaty on protecting IP rights over the Internet which has yet to be ratified by legislators.

“And just the same, we are signatories to other WIPO treaties anyway,” Mr. Blancaflor said.

Courts devoted to handling IP rights infringement cases, meanwhile, should be up within the year as procedural rules will be approved by the Supreme Court by June, he added.

A draft presented to the public last year prescribes timelines for courts to follow so delays could be cut down, prohibits lawyers from making certain pleadings that could prolong trials and empowers several commercial courts to handle cases in provinces previously not covered by their jurisdiction.

Court Administrator Jose P. Perez, however, had earlier said it may take more time as an IP court must be piloted first and revisions may be made to the rules afterwards.

Disincentive

In the meantime, the Philippines’ repeated listing in the piracy report could thwart foreign investors’ plans to set up shop here, a business group said.

“[It is] a factor. Those industries with technology transfer [will be more wary of entering the country]. They tend to go to Singapore [instead],” American Chamber of Commerce of the Philippines Executive Director Robert M. Sears said in a text message.

Southeast Asian neighbors Vietnam, Brunei and Malaysia also figured on the low-level watch list this year alongside the Philippines and 25 other countries.

Those on the priority watch list, which the USTR says “will be subject to intense engagement through bilateral discussion,” include: Algeria, Argentina, Canada, Chile, China, India, Indonesia, Pakistan, Russia, Thailand and Venezuela.  –JESSICA ANNE D. HERMOSA, Reporter, Businessworld