RP mulls WTO action on Manila Mango controversy

The government will fight moves by any country to appropriate the brand "Manila Mango" as a geographical indication, Intellectual Property Office (IPO) director general Adrian S. Cristobal said.

He said the country’s intellectual property rights "are protected under Article 22 of the Trade Related Aspects on Intellectual Property Rights (TRIPS) Agreement as a member of the World Trade Organization and this includes goods that originate in our country."

The TRIPS agreement specifically provides for the protection of geographical indications.

It states that members can prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin, in a manner which misleads the public as to the geographical origin of the good.

Geographical indications are defined under TRIPS as goods originating in the territory of a member where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

Cristobal noted that by using the label "Manila Mango," consumers are led to believe that such produce came from the Philippines. "This is essentially unfair competition."

A Mexican firm has been able to appropriate the brand "Manila Mango" for mangoes that are actually grown in Veracruz, Mexico.

However, the Mexican firm has acknowledged that the original seedling for the Veracruz mangoes actually came from the Philippines during the Manila-Acapulco galleon trade.

"Mexico acknowledges that their Manila Mango variety came from the Philippines. By using the name Manila mango, the public can be misled as to the true origin of the fruit," Cristobal said.

He pointed out that the Manila Mango issue proves the importance and necessity of intellectual property protection, especially for a developing country like the Philippines.

As Manila mangoes have been gaining prominence as an excellent variety of mango, Cristobal said unfortunately, "Mexico is benefiting from this."