a

 EM

letter
from

MA C.
FRANCISCO






Dear Friends,

Thank you very much for your support and cooperation!

In 1996, when I assumed leadership of the Bureau of Patents, Trademark and Technology Transfer, I knew that historical changes were happening in the field of intellectual property rights. Little did I know, however, that the work that went with it was much more than I ever imagined.
Why?


Because it is not everyday that the world agrees to enter into a bundle of trade agreements which includes in an agreement on the Trade-Related Aspects of Intellectual Property Rights. It is not everyday that local laws are updated to comply with international commitments, much less codify them into one unified document called the Intellectual Property Code. It is not everyday that a government office (the Bureau of Patents Trademark and Technology and Technology transfer) is abolished on the golden anniversary of the country's patent and trademark laws (Republic Act Nos. 165 & 166). It is not everyday that a new office is created (the Intellectual Property Office of the Philippines). It is not everyday that the President must appoint fifteen relatively high-ranking officials in one office (one Director General, two Deputy directors General, Six Bureau directors, six Bureau Assistant Directors). It is not everyday that newly appointed officials prepare structure of an equally new office with new mandate. It is not everyday that a new office institutes procedures to transfers about one hundred and fifty employees of an abolished office into new positions in a new office. It is not everyday that diplomatic conferences are

held to adopt Internet treaties in the same way that it is not everyday that it is not everyday that the country joins two Internet treaties (the World Intellectual property organization Internet treaties) on the same day. It is not everyday that a law is passed prescribing a new government accounting system. It is not everyday that a directive is given to use electronic means to implement the new government accounting system and in the same breath prohibiting the development of an electronic system apart from a centralized software development. It is not everyday that a law on e-commerce is passed and government offices directed to use electronic systems to conduct business

   Everyday there are
       people who are
    aware of IPRs and
         know but deny
     their importance.


And also because everyday there are people who are not aware of IPRs but not know their significance. Everyday there are people who are aware of IPRs and know but deny their importance. Everyday there are people who campaign against IPRs in many different ways according to their social, economic, or political station…by standing in the way of IPR protection and enforcement, by countering, by pirating, by infringing, by selling or otherwise distributing and patronizing counterfeit, pirated, infringing merchandise, by refusing or failing to step forward and defend their IPRs, by direct attack on the IPO ("Emma, remembered that I am not a bureaucrat. I am a politician and in five minutes I can have five thousand people picket you in your office!"). Everyday there are applicants for IPR registration. Everyday new work is added to the already backbreaking back log handed down by years of attrition (positions vacated by retirement, resignation, death and whatever reasons were prohibited follow up their applications.