When the dynamic goes dynamite

With declining economies and volatile currencies, intellectual property rights (IPR), such as trademarks, patents and copyrights are emerging as a new asset class tapped by small and big enterprises to add value to their businesses.

Economies all over the world jockey for positions to attract these valuable yet intangible assets, as they inevitably increase the size and attractiveness of their markets.

Of course, in the end, it is the country that provides a friendly atmosphere that will win the much-coveted prize of being the go-to destination for investors and IP owners.

Amid fast-paced competition, the Intellectual Property Office of the Philippines (IPOPHL), under the leadership of Director General Ricardo R. Blancaflor, has been collecting checkered flags and gold medals in Asia.

Not known to many locally because of the low-profile nature but result-oriented style of its leadership, the IPOPHL is now highly recognized as one of the most dynamic intellectual property offices in the region, and continues to pick up home runs in the field of IPR protection.

ADR mechanisms

The IPOPHL is the only IP Office in Asia with not only one but two alternative dispute resolution (ADR) mechanisms.

The IPOPHL established its mediation and arbitration offices in 2010.

Through these offices, the IPOPHL not only arbitrates IP disputes but, equally important, also mediates incipient litigations in order to avoid what can be a protracted proceeding to resolve IP disputes.

The IPOPHL recently achieved a significant milestone by having its 100th IPR case amicably settled on Feb. 13, 2012.

Indeed, in recognition of this feat, no less than the director general of the World Intellectual Property Organization (WIPO), Francis Gurry, recently paid a visit to the Philippines to witness the signing of the 100th compromise agreement.

More multimillion-peso cases are being lined up for this alternative dispute resolution.

Automated IP office

In cooperation with WIPO, the IPOPHL implemented the Intellectual Property Automation (IPAS) to process applications for utility models and industrial designs.

Thousands of databases were cleaned up through the use of the state-of-the-art multimillion-dollar software made available by WIPO for the use of IPOPHL.

Soon, the IPAS will be used for trademarks and patents, significantly reducing the registration time for business.

With the IPAS system in place, trademark applications can be processed as early as three months, a substantial decrease of the previous eight-month period.

Consistent with the conviction of its leadership that knowledge is empowerment, the IPOPHL has also been establishing patent libraries in universities and research institutions throughout the Philippines, under the Innovation and Technology Support Offices (ITSO) franchise.

These patent libraries offer search facilities for information on inventions already registered locally and globally and provide technical assistance on patenting and commercializing inventions.

To date, there are 31 host institutions and five support institutions under the franchise, with the first batch of 30 already fully operational.

As expected, the IPOPHL has hit another milestone with the news that two ITSO universities are ready and raring to file several patents for inventions dealing with biotechnology and biofuel.

The IPOPHL is targeting an additional thousand local patent filings by the end of 2012, which is a far cry from our local annual average patent filings of 200 in previous years.

Partnering with the National Library of the Philippines (NLP), which is responsible for registration and deposit of copyrighted works under the law, the IPOPHL began accepting applications for copyright registration last year.

With its guidelines on copyright registration, certificates were released to the applicants within a mere five working days from filing of the application.

Since its launch, the IPOPHL has received 392 applications for copyright registration and deposit, including such artistic and literary works as books, computer software, musical compositions, visual arts, screenplays and photographs.

This IPOPHL service has allowed authors and artists all over the country to have their works deposited and registered in their local provinces, without need of going to Manila.

Conclusion

With at least four major projects already implemented, the IPOPHL has indeed been hitting home runs in its chosen field.

For all intents and purposes, it is already at full tilt, but knowing its leadership, it remains hungry for more, and working at fever-pitch at that.

If last year the IPOPHL was the “dynamic IP office,” a bare three months into this year, it can be the dynamite IP office in the world. It continues to intensify protection and enforcement of intellectual property rights in the country.

Ultimately, its vision is for the Philippines to be a major player in the Asean economy, in order to reach the economic rewards that a strong and competitive intellectual property system brings.

(The author is the co-managing partner of the Angara Concepcion Regala & Cruz Law Offices. He can be contacted at [email protected].)