BusinessMirror

PHL spared from Europe’s IP rights watch list for 5th yr

- By Andrea E. San Juan

THE Philippine­s has remained out of the European Commission’s intellectu­al property (IP) rights watch list, marking five years since the last mention of the country in 2019, according to the Intellectu­al Property Office of the Philippine­s (IPOPHL).

IPOPHL Director General Rowel S. Barba said this signifies that the Philippine­s remains an “attractive investment destinatio­n to trade partners,” as the country has maintained a “safe” intellectu­al property climate which he said is “in tune” with global economic standards.

The report, released on May 17, cites “Legal uncertaint­ies and diverging applicatio­ns of the law, low level of trade secrets protection and enforcemen­ts and overall weak IPR enforcemen­t” as the deciding factors of the priority countries.

According to the European Commission, this report is part of its efforts to strengthen the protection and enforcemen­t of intellectu­al property rights (IPR) in third countries. As such, this type of report is being published biennially or every other year.

“The main objective of this report is to identify third countries in which the state of IPR protection and enforcemen­t [both online and offline] gives rise to the greatest level of concern for the EU and thereby to establish an updated list of so-called ‘priority countries,’” the report published by EC read.

China topped the list as the sole country under “priority one” due to the “persistenc­e” of IP rights violations through piracy and counterfei­ting, paired with inconsiste­nt IPR law enforcemen­t and applicatio­n, IPOPHL noted.

Under “priority two,” the EU Commission flagged India, particular­ly for the several constraint­s on patent protection, and Turkey, generally for their gaps in national IP enforcemen­t.

Meanwhile, “priority three” countries consist of Argentina, Brazil, Ecuador, Indonesia, Malaysia, Nigeria, Saudi Arabia and Thailand, for varying IP protection concerns, IPOPHL said.

Despite the Philippine­s being delisted from the report, Barba underscore­d the importance of “going beyond” the exclusion from global watch lists.

The IPOPHL chief said there is “much more work” needed to be done to ensure a “clean and reliable” marketplac­e for IP rights owners across all nations.

“Since our last mention as a priority three in 2019, we have doubled down our efforts to safeguard our investment attractive­ness, a testament to our commitment as a proactive national IP office,” the IPOPHL chief added, assuring the continuity of efforts to keep counterfei­ting and piracy at bay.

Meanwhile, IPOPHL said in a statement on Tuesday it continues to initiate anti-counterfei­ting and anti-piracy policy (ACAPP) campaigns across local government units (LGUS) and the academe to deepen IP rights awareness, especially among public authoritie­s critical in IP enforcemen­t.

Barba said the agency’s “wholeof-nation” approach to IP enforcemen­t does not only empower the country’s economic landscape. He noted that this also translates to a “prosperous and lasting” relationsh­ip with critical trade partners such as the European Union.

In fact, IPOPHL said it has maintained a “fruitful” partnershi­p with the European Union Intellectu­al Property Office (EUIPO). The cooperatio­n has made significan­t developmen­ts through the continuous capacitati­on of businesses on IP services, awareness, and enforcemen­t.

“In an effort to boost trade competitiv­eness, the EUIPO and the Commission have assisted IPOPHL through the IP Key SEA in progressin­g the country’s geographic­al indication­s [GI] mapping via a forum participat­ed by potential GI producers nationwide,” IPOPHL said in a statement on Tuesday.

According to the EU Commission, trade in goods in 2022 between the Philippine­s and the EU amounted to €18.4 billion, while 2022 bilateral trade in services amounted to €4.7 billion.

In 2021, the EU accounted for 7.9 percent of the Philippine­s’s total trade, making it the Philippine­s’s fourth-largest trading partner. On the other hand, the Philippine­s ranks as the EU’S 39th largest foreign investor, making up for 0.4 percent of the EU’S overall trade.

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