IPOPHL OKs rules on geographic indications

MANILA, Philippines — The Intellectual Property Office of the Philippines (IPOPHL) has issued the rules on geographical indications (GIs) to strengthen the protection and promotion of local products.

The IPOPHL said the Philippines is finally putting a sui generis system to protect GI after nearly 20 years of research and multi-stakeholder consultations.

This comes after the GI Rules & Regulations prepared by its Bureau of Trademarks (BOT), and approved by IPOPHL director general Rowel Barba, were published.

Based on the new rules, GI is defined as “any indication which identifies a good as originating in a territory, region or locality, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin and/or human factors.”

The sui generis regime means local products that meet the criteria for GI protection will now have a separate registration system due to the unique ways needed to effectively protect them and fulfill the vision of the 1997 intellectual property (IP) Code in using IP for development.

BOT director Jesus Antonio Ros said the regulations are expected to benefit most the agricultural and handicraft sectors and promote the traditional and indigenous Philippine products.

“Sui generis GI registration in the country will accelerate, among many others, efforts to preserve our cultural heritage and identity,” Ros said.

Some of the world-famous GIs include Champagne of France, Kampot Pepper of Cambodia, and Darjeeling Tea of India.

Barba said the regulations mark a breakthrough for the Philippines, as the country, unlike most ASEAN members, has been missing out on the economic and cultural opportunities that GI can offer.

“The GI regulations are part of our continued commitment to the Filipino people, to protect and promote the hard work, passion and creativity that they put into these local agricultural products, foodstuffs, handicrafts, and other valuable IP products that are catalysts for our country’s economic development and global prestige,” Barba said.

“We are now assured of stronger protection and greater value-add to world-class products that make us proud as Filipinos,” he added.

The European Union (EU) also emphasized the role of the new GI regime in driving inclusive growth and promoting culture.

“GIs are important means to create jobs, attract investments, draw business and support local communities in rural areas who might otherwise get left behind,” Philipp Dupuis, head of the Economic and Trade Section of the EU Delegation in the Philippines, said.

Dupuis said that adding a solid legal system for the protection of GIs would also put real value to the cultural heritage and traditional know-how of the country.

“In this area, the Philippines – with its rich diversity and tradition – excels, and has a lot to offer,” Dupuis said.

According to Dupuis, the GI sector contributes significantly to the EU economy, making up about 50 percent of the total food and drink exports alone.

IPOPHL’s BOT is the primary implementing body of the GI regulations, including the search and examination of applications and the issuance of registration certificates.

“Unlike trademarks where an application is filed by an individual or a single entity, GIs must be registered under an association of producers that are directly involved in the production, engaged in the trade of goods, and/or are in charge of regulating or protecting GIs,” IPOPHL said.

It added that a government agency or local government unit could also be a GI registrant provided that the origin of the goods is within its area of responsibility.

The regulations further indicate that the term of GI protection is indefinite without the need to renew.

The registration, however, can be revoked based on the a number of grounds such as the failure to fulfill the conditions for protection; a change in the geographical origin of the goods, including the natural and human factors; a court or tribunal rules out that the identified producer has no effective control over the use of the GI, standards of production of the goods and other product specifications; the registration of the GI was obtained through false statements and documents during the course of the application; and the registered or protected GI has been proven to be generic for, or a common or customary name of the goods covered in the Philippines.