US to RP: Improve IPR enforcement

The Office of the United States Trade Representative (OUSTR) yesterday urged the Philippines to improve its enforcement and prosecute more intellectual property rights (IPR) violators.

This was relayed to Trade and Industry Secretary Peter B. Favila and Intellectual Property Office (IPO) Director-General Adrian Cristobal Jr. by Deputy USTR Ambassador Karan K. Bhatia during a meeting yesterday.

According to Bhatia, the US "applauds" the government in its campaign against IPR violations, allowing the country to be removed from the priority watch list and placed in the ordinary watch list.

However, Bhatia relayed that the US still wants more in terms of enforcement, prosecution and the reduction in the sale and flow of illicit items.

At the same time, Bhatia said, there is a need for the government to launch an education and information campaign for the public that would emphasize that IPR violation is theft.

According to Bhatia, "people must appreciate that this is theft and that it is no different from stealing items from the shelf."

Bhatia assured that "vigorous IPR enforcement would attract investments."

The OUSTR had recently removed the Philippines from the Priority Watch List under the Special 301 Review, which examines in detail the adequacy and effectiveness of IPR protection.

The removal from the Priority Watch List was the result of an "Out-of-Cycle Review" (OCR) on the Philippines.

OCR concluded that throughout 2005, the Philippines bolstered implementation of its special legislation that was passed to stop illegal production of pirated optical discs such as CDs and DVDs by controlling the licensing of and conducting raids against pirate optical disc production facilities.

In addition, Philippine authorities conducted numerous raids on retail stores selling pirated and counterfeit goods.

The government also measurably improved coordination of government agencies responsible for IPR enforcement.

However, the OCR also concluded that sustained effort and continued progress on key IPR issues will be essential to avoid a future return to the Priority Watch List.

The United States will be monitoring closely efforts by the Philippine government to further improve its IPR enforcement regime.

Pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act (enacted in 1994), under Special 301 provisions, USTR must identify those countries that deny adequate and effective protection for IPR or deny fair and equitable market access for persons that rely on intellectual property protection.