MANILA, Philippines - The Philippines remained on the US watch list of the United States for intellectual property rights (IPR) violations because the country’s judicial system remains “inefficient” when it comes to prosecuting IPR violations, a report from the United States Trade Representative (USTR) office said.
In the Annual Special 301 Report on Intellectual Property Rights of the USTR, the US said that the Philippines will remain in the watch list even if the government has already enacted laws that will help protect IPR.
“While additional efforts have been made to improve coordination among enforcement officials and to strengthen enforcement powers, the judicial system remains inefficient, with very few criminal IPR cases resulting in convictions over the last decade,” the report on the Philippines stated.
“In addition, the judiciary’s decisions with respect to provisional measures, in particular on whether to maintain or revoke search and seizure orders, have not been predictable,” the USTR report said.
The US encouraged the Philippines to continue efforts to reform its judicial system, including by designating particular courts to adjudicate civil and criminal IPR cases, and by promulgating specialized IPR procedural rules that would streamline the judicial process for IPR cases.
The US said that they remain concerned about amendments to the Patent Law that limit the patentability of certain chemical forms unless the applicant demonstrates increased efficacy. The United States has therefore urged the Philippines to make progress in the short term to address these and other matters.
Meanwhile, the USTR which is under the office of the US president said that pirated and counterfeit goods are available in the country despite efforts of the local government to curb piracy.
The US has lauded the Philippines for implementing legislation to address unauthorized camcording of motion pictures in theaters in 2010. At the same time, the US has recognized that Philippine law enforcement agencies are implementing this new law effectively in order to deter the theft of motion pictures.