COUNTRY REPORT Intellectual Property Philippines

Transcription

1 COUNTRY REPORT Intellectual Property Philippines By Ms. Ronil Emmavi J. Remoquillo Intellectual Property Rights Specialist II

2 The Philippines Capital: Manila Total Area 300,000 km 2 Population GDP Official Languages Government President Vice President 90.5 M US$327.2 billion Filipino and English Unitary Presidential Constitutional Republic Gloria Macapagal- Arroyo Noli de Castro National Flag

3 Philippine Tourist Spots Tarsier Bohol Chocolate Hills Mindanao Mt. Apo Bicol Mayon Volcano Panay- Boracay

4 Profile of the Philippine Representative Name Years in Service : Ronil Emmavi J. Remoquillo : 8 years Name of the Organization : Intellectual Property Philippines Bureau/Division : Bureau of Patents/ Organic Chemistry Examining Division Position/Job Designation : Intellectual Property Rights Specialist II

5 Patent Examiner Responsibilities: Studies the subject matter determines the final classification and conducts the final search on assigned patent applications Recommends denial of patent grant if application is considered by law as nonpatentable inventions. Recommends patent grant if applications meet the requirements of patentability, i.e. NOVELTY, INVENTIVE STEP AND INDUSTRIAL APPLICABILITY.

6 Intellectual Property Philippines 351 IPO Building Sen Gil Puyat Avenue Makati City 1200 Philippines Phone: (632) Fax: (632)

7 Intellectual Property Philippines Republic Act 8293 Intellectual Property Code of the Philippines The state recognizes that an effective intellectual property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and gifted citizens to their intellectual property and creations, particularly when beneficial to the people, such periods as provided by the law

8 Functions and Activities Examine applications for grant of Letters Patent for inventions and register utility models and industrial designs. Examine applications for the registration of marks, geographic indication, and integrated circuits. Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer. Promote the use of patent information as a tool for technology development.

9 Functions and Activities Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangement registered. Administratively adjudicate contested proceedings affecting intellectual property rights. Coordinate with other government agencies and the private sector efforts to formulate and implements plans and policies to strengthen the protection of intellectual property rights in the Philippines.

10 Conceptual Framework of IP Philippines

11 IP Philippines Vision To Foster a Creative and Competitive Philippines That Values, Nurtures and Uses Intellectual Property for National Development

12 IP Philippines Mission To foster creativity and competitiveness by: Delivering quality patents and trademarks Facilitating technology transfer Providing speedy and effective legal remedies Supporting SMEs and creative industries Leading the IP system in developing a vibrant IP culture

13 The Intellectual Property Philippines Organizational Structure

14 IPPhil Officials: Director General: Adrian S. Cristobal Jr. Bureau of Trademarks: Leny B. Raz Bureau of Patents: Epifanio M. Evasco Documentation, Information and Technology Transfer Bureau : Carmen G.Peralta Bureau of Legal Affairs: Estrelita B. Abelardo Administrative, Financial and Human Resources Development Service Bureau: Corazon T. Marqueses Management Information System & Electronic Data Processing Bureau: Cecilio M. Fernandez

15 Number of Staff Members Bureau Number of staff members Office of the Director General 12 Office of the Deputy Director General Bureau of Patents 71 Bureau of Trademarks 44 Bureau of Legal Affairs 27 DITTB 27 MIS 29 AFHRDS 69 Total 287 8

16 Modernization Projects 1. Patent Administration Computerized System (PACSYS) 2. Industrial Property Digital Library for Patents (IPDL- Patents) 3. Industrial Property Digital Library for Trademarks (IPDL- Marks) 4. E-Gazette 5. IP Computerized Digital Library (IPCDL) 6. Technology Transfer Registry and Brokering System 7. Marks On-line 8. IP Legal Information and Enforcement Systems 9. Fee Management System

17 IPPhil Website

18 Domestic Legislation of Intellectual Property In the PHILIPPINES DOMESTIC LAW Subject of Protection Date of Enforcement of Current Law Governing Laws Patents July 4, 2008 R.A. No. 8293/ R.A 9502 Trademarks January R.A. No Industrial Design January 1, 1998 R.A. No Utility Model January 1, 1998 R.A. No Copyright January 1, 1998 R.A. No Unfair Competition January 1, 1998 Protected under trademark Law Trade Secrets January 1, 1998 Protected under the revised Penal Code and the New Civil Code Computer Programs Layout designs of Integrated Circuits January 1, 1998 August 6, 2001 R.A. No Protected under the Copyright Law

19 Bureau of Trademarks

20 Number or Trademark Examiners Division Trademark Examining Division II No. of Examiners 8 Trademark Examining Division III 11 Trademark Examining Division IV 10 Total 29

21 Number of Filing and Registration of Trademarks Year Filed Registered ,495 13, ,073 18, ,847 14,193

22 Bureau of Patents

23 Number of Patent Examiners Substantive Divisions (Chemical Group) Inorganic Chemistry Examining Division Organic Chemistry Examining Division Medical Science and Biotechnology Examining Division Chemical Technology Examining Division Number of Examiners Substantive Divisions (Mechanical Group) Mechanical Engineeiing Examining Division Civil and General Engineering Examining Division Electronics and Electrical Engineering Examining Division Number of Examiners Total Total 18

24 Utility Model Examining Division Industrial Design and Integrated Circuits Examining Division Number of Examiners 4 5 Total number of Examiners 40

25 Number of Filed Applications (RA 8293) Year Invention Utility Model Industrial Design

26 Granted/ Registered Applications (RA 8293) Year Invention Utility Model Industrial Design

27 Length of Patent Examination Invention Applications (Chemical & Mechanical) From the Request for Examination to Registration/Gr ant From request for Examination to First Action 4.66 yrs. 12 to 24 months

28 Average Turn-Around Time (as of December 2008) YEAR INVENTION UM ID (in years) (in months) (in months)

29 Number of Applications filed from Japan SUBJECT YEAR Patents Designs Trademark s Filed Registered Filed Registered Filed NA NA NA Registered NA NA NA NA means either Not Applicable or Not Available

30 Republic Act 9502 Universally Accessible Cheaper and Quality Medicines Act of 2008 Objectives: Strengthen competition by amending the Intellectual Property Code to: - Allow the parallel importation of patented medicines from other countries where these are more affordable; - Prohibit the grant of new patents based only on newly discovered uses of a known drug substance; - Allow local generic firms to test, produce and register their generic versions of patented drugs; and - Allow the government use of patented drugs when the public interest is at stake;

31 Thesis Theme: Implications of the Patentability Requirements on the Pharmaceutical Industry Objective: To study the implications of the patentability requirements on the Philippines Pharmaceutical industry, using in part the experiences of countries such as Japan s experience in applying Its Pharmaceutical Patent Policy

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