RP to remain in USTR watchlist

MANILA, Philippines – The Philippines will remain in the Watch List of the US Trade Repre-sentative (USTR) office because the US said that the government failed to put a true deterrent mechanism to prevent people from infringing Intellectual Property Rights (IPR).

Likewise, the US said that amendments in the local intellectual property laws in pharmaceuticals has weakened the IPR protection for medicines.

“Unfortunately, despite the con-tinuing efforts of some Philippine officials — notably, in the Intellectual Property Office (IP Philippines), Optical Media Board (OMB), and Customs — to improve enforcement there is no true deterrent mechanism in place to dissuade IPR infringers from their illegal activities,” the report said.

In addition, the report said “the United States is troubled by the amendments to the patent provisions in the Philippines Intellectual Property Law only as they apply to pharmaceuticals. The amendment significantly weakens patent protection for pharmaceutical products.”

Also, the report said that the advanced technology has made it easier for people to violate IPR. This, according to the report, posted more challenges that were not addressed by the government. The US identified these technological advance-ments as peer-to-peer piracy, mobile device piracy, and illegal camcording.

As such, the United States urged 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 Internet Treaties.

The US will conduct an out-of-cycle (OCR) review in the country to monitor progress on IPR protection and/or enforcement. Aside from the Philippines, the other countries that will undergo OCR are Fiji, Israel, Poland and Saudi Arabia.

The Special 301 is an annual review undertaken by the USTR which identifies countries that deny adequate and effective IP protection. Countries falling under the Priority Watch List are those that do not provide adequate IPR enforcement, while those in the Watch List, where the Philippines currently falls under, require bilateral attention to address IPR concerns.

Meanwhile, IP Philippines said that it is business as usual for them because they expected the USTR to maintain their classification of the Philippines.

“The decision of the USTR comes as no surprise. Progress in promoting respect for intellectual property rights in the country has been substantial, but pressure from powerful lobby groups in Washington, with unreasonable demands, kept us on the Watch List,” IP Philippines director general Adrian Cristobal said.

The 2009 Special 301 Report counts the Philippines among 33 countries in the Watch List.

Cristobal defended the government’s decision to amend the patent provision for pharmaceuticals saying that all provisions to the Cheaper Medicines Law have been deliberated to primarily benefit the Filipinos more than any other foreign interest.

As for the challenges in enforcement, Cristobal maintained that action plans have been drawn since last year, and that various steps are continuously undertaken by IP Philippines. –Ma. Elisa P. Osorio, Philippine Star