PHL AVOIDS TAGGING BY USTR AS COUNTRY WITH ‘IP’ CONCERN

The enforcement of Anti-camcording in the Philippines was also mentioned as the Report pointed out that countries “need to update legal frameworks to effectively deter unauthorized camcording and keep up with changing practices.”

“The improvements in our battle against counterfeiting and piracy have always been attributed to our whole-of-nation approach. Best IP practices can start in each company, institution, barangay and down to our own homes,” Barba said.

Fake meds

MEANWHILE, in relation to medicines, the USTR Special 301 Report alleged once again that the Philippines, along with China, India, Vietnam, Indonesia and Pakistan, is among the top countries that are sources of counterfeit medicines globally.

The USTR cited data from the Organization for Economic Co-operation and Development (OECD) and the European Union IP Office (EUIPO).

“The data from the OECD and EUIPO presented in the ‘Trade in Counterfeit Pharmaceutical Products’ publication dates back to 2014-2016. Thus, it fails to consider subsequent efforts taken and more recent data. Regardless, we are strengthening our efforts to ensure that our pharmaceutical industry remains trusted and capacitated to combat the effects of counterfeiting,” Deputy Director General Teodoro C. Pascua said.

Pascua noted that IPOPHL recently partnered with the Pharmaceutical Security Institute (PSI) to form a framework for capacity building, awareness and vital information exchange relevant to curb the circulation of counterfeit medicines.

Intellectual Property Rights Enforcement Office (IEO) data show pharmaceutical and medical products making up 4.4 percent of the total counterfeiting complaints and reports received by IPOPHL in 2021.

As for the opposition and cancellation proceedings, the USTR Report said “many countries, including India, Malaysia and the Philippines, reportedly have slow opposition or cancellation proceedings.” However, no details were provided to support this allegation.

Nevertheless, Barba said the Bureau of Legal Affairs (BLA) has already introduced “game-changing” rules to reduce the timelines of the decision and disposal of these cases.

“The IPOPHL is right on track to make the opposition and cancellation proceedings one of the fastest in the Asean region, as our BLA targets to resolve this year the remaining opposition and cancellation cases filed in 2019 to 2021, including appeals to the Director from the decisions of the adjudication officers,” Barba said.

The Special 301 Report is the USTR’S annual review of concerns and developments in IP protection and enforcement in the markets of US trading partners.