President Macapagal-Arroyo Bolsters Promotion, Protection of IPRs

MANILA - The President of the Philippines, Gloria Macapagal-Arroyo, has created the National Committee on Intellectual Property Rights (NCIPR) to intensify the promotion, protection and enforcement of Intellectual Property Rights (IPRs) in the country, a press release by the President’s Office stated.

In creating the NCIRP under Executive Order (EO) 736, which she signed on June 21, 2008, the President stressed the “need for an inter-agency group that will effectively formulate and implement plans and policies and strengthen the protection and enforcement of Intellectual Property Rights in the country.”

The newly created IPRs committee is chaired by the Department of Trade and Industry (DTI), and co-chaired by the Intellectual Property Office (IPO).

Both offices are tasked to “continue to coordinate inter-agency efforts against piracy and counterfeiting.”

Nine other government agencies were named as members of the NCIPR: the Department of Justice, Department of Interior and Local Governments, Bureau of Customs; National Bureau of Investigation, Philippine National Police, Optical Media Board, National Book Development Board, and the Bureau of Food and Drugs.

Under the EO, the NCIPR members “shall establish and institutionalize a permanent Intellectual Property unit with adequate personnel and budget allocation.”

“As a strategic component for our country’s socio-economic development and global competitiveness, the NCIPR member agencies, through their Intellectual Property units, shall intensify the promotion, protection and enforcement of IPRs in the country.”

The NCIPR – which “shall coordinate with other government agencies and the private sector efforts to provide maximum benefits to Filipinos and ensure significant contributions to national development” -- was also directed to undertake the following tasks:

(a) Intensify public information and education campaign (IEC) on the importance of IPRs to national development and global competitiveness;

(b) Intensify regular and effective enforcement against IPRs violations, and to allocate sufficient resources to ensure effective prosecution of pirates and counterfeiters;

(c) Maintain appropriate coordination with the Judiciary to ensure that courts are adequately skilled in IP cases, and improve the adjudication of IP cases;

(d) Provide the Executive and Legislative with policy and legislative proposals on IP laws, ensuring that these are in compliance with the country’s existing international obligations embodied in treaties and other agreements; and

(e) Maintain a database and enforcement monitoring system, consolidate information and reports from other agencies, and submit quarterly reports to the President, and provide copies to the Executive Secretary and the Cabinet Secretary.

Section 10, Article XIV of the Philippine Constitution “recognizes the importance of science and technology for national development and progress and the need to prioritize research and development, invention and innovation, and their utilization by Filipinos.”

On the other hand, Section 13, Article XIV of the Constitution provides that “the State shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their Intellectual Property and creations, particularly when beneficial to the people.”

Meanwhile, Section 2 of the Republic Act No. 8239, otherwise known as the Intellectual Property Code of the Philippines, states that “an effective Intellectual and industrial 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.”