Philippines hopeful of exclusion anew in US piracy list

MANILA, Philippines — The Intellectual Property Office of the Philippines (IPOPHL) is optimistic the Philippines would be kept off the US government’s upcoming counterfeiting and piracy watchlist or the Special 301 report.

“In terms of a general assessment with the upcoming 301, we are optimistic we will remain out of the USTR (Office of US Trade Representative) Special 301 report, particularly because of the inroads and projects we have been undertaking for the past 2020 particularly when it comes to online space. As we all know, trade has gone online. We have also been focusing on that,” Ann Edillon, officer-in-charge director at the IP Enforcement Office of the IPOPHL, said in an online press conference yesterday.

On the concern raised by the USTR on the use of unlicensed software by the Philippine government, IPOPHL deputy director general Teodoro Pascua said he is hopeful this would no longer be an issue as steps have been taken to address this.

“That mention by the USTR has always been there for the last two years, 2019 and last year, in spite of the fact we have already answered it and structurally, the Philippine government has really put on so many safeguards for keeping the use of software which are genuine within government offices. The government of the Philippines spent practically billions already buying software, original software,” he said.

He also said the IPOPHL is working with the Department of Information and Communications Technology which would be spearheading an audit of all government offices’ use of licensed software.

“I think eventually in the upcoming USTR, this matter can perhaps be settled already. But what is important is that we are not sitting on comments that may be even against our interest. We are fully working on it. And we thank USTR for calling our attention to it. We’re not perfect but we are always doing what needs to be done when our attention is called,” he said.

The USTR is set to release its annual Special 301 report which identifies countries unable to effectively protect and enforce IP rights, this month.

While the Philippines has not been included in the Special 301 list since 2014, the USTR called on the country to come up with measures to ensure government agencies use only legitimate software in the last two editions of the report.

As the IPOPHL is celebrating National IP month which is focused on activities to enabling micro, small and medium enterprises (MSMEs) to integrate IP in their business strategy, IPOPHL director general Rowel Barba said in the same event, the agency would want to see more IP filings being made by these businesses this year.

“Hopefully with all these efforts and with the help of partners, other government agencies like DTI (Department of Trade and Industry) and IP Ambassador RJ Ledesma, we are optimistic we can get more MSMEs to file for their IPs and put IP strategy in their business,” he said.

He is also hopeful the MSMEs would help drive filings back to the pre-pandemic level.

As part of the celebration of the National IP month, he said the IPOPHL is extending the Juana Make a Mark program which waives the trademark application fees for women-led MSMEs in priority sectors identified by the IPOPHL and DTI.

“The fourth cycle intends to benefit 1,000 women-led MSMEs more,” Barba said.

So far, the Juana Make a Mark program has enabled 3,000 women to gain greater market competitiveness with the protection of their trademarks.

“With registration, women entrepreneurs could enjoy time-bound exclusive rights over their trademarks. This gives them strategic advantage in building their brand and business and the right to prevent others from using their marks for the same or similar goods or services without their authority or consent,” Barba said.

He said IPOPHL would also be pushing MSMEs and independent inventors and artists to explore global opportunities through international filing services and programs.

IPOPHL’s other programs for MSMEs include the online marketplace IP Depot featuring 50 MSMEs with IP products being promoted to potential buyers or investors, as well as free online learning workshops on the IP system.

“This National IP Month we hope we can gather more MSMEs to take advantage of these programs. To this day, there remains low awareness and appreciation among MSMEs of what IP can do for their businesses and for economic, social, cultural and technological development. It’s time to change this culture and mindset,” Barba said.