HIGHLIGHTS OF INITIATIVES AND PROGRAMS

(Oct. 8, 2015-2019)

Intellectual Property refers to intangible assets that have been created by man with the use of his mind. These creations of the mind may be protectible by law and may be developed into a product or service by going through a spectrum of stages from idea to creation to protection to commercialization. 

Sec. 2 of RA 8293 states: “The State recognizes 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.”

Given this premise, I developed my programs and initiatives guided by a seven-point agenda (SMELT-IP).

ATTY. JOSEPHINE RIMA-SANTIAGO, LL.M.

Director General

 

1. Online Services

  • File your IP application ANYWHERE, ANYTIME. Enabled a complete suite of online service, from filing of application to communication exchanges to payment, to contribute to the ease of doing business in the country. It also prevents personal interaction between applicants and direct handlers, curtailing avenues of corruption.
  • Introduced paper holidays (accepting online filings only) on certain days as part of the broader goal to lessen paper use.

2. Client-Centric

  • Gave new interpretation to provisions of the IP Code in applying due process of law. Most significant ones: Added a layer of intervention from the Office by providing reminder/notices prior to removal from register of marks; provided opportunity for revival of marks that have been removed from the registry; limited litigation period to prevent abuse by the parties.
  • Meticulously traced and analyzed all IPOPHL office orders and issuances for the past 20 years and came up with a Compendium of Rules and Regulations that is user-friendly in transacting with the IPOPHL.
  • Professionalized calls and inquiries from the public and clients  by outsourcing a hotline service;
  • Improved frontline service by implementing an enhanced queueing system and made available computers supporting online applicants.

3. Expansion of Satellite Offices

Opened five more Intellectual Property Satellite Offices (Naga, Dumaguete, Zamboanga, Vigan, and Butuan) bringing to sixteen (16) the total number of IPSOs serving our people from the different provinces of the country. Capitalizing on strategic locations with robust or promising economies, we launched new IPSOs to educate and assist the MSMEs to avail themselves of  protection under the IP Code. Partnering with the DTI which houses the IPSOs, we saw the significant rise of the number of IP applications filed indicating that the presence of IPSOs help create an impact for MSMEs. I have mainstreamed the IPSO staff by providing equal opportunities for trainings particularly on capacity building and involving them in major activities of the office.

4. Streamlined Procedure

Constantly reviewed and ensured procedures and processes are efficient, effective, and streamlined in accordance with the law and international treaties/conventions on IP. Without sacrificing quality outcome, a turnaround time better than other IP offices is targeted. 

5. Backlog Reduction

Coped with the challenges of the continuing increase in the volume of applications that bring both positive and negative developments. Positive as it shows that the campaign for protection of IP is gaining ground for our target stakeholders; negative as the number of plantilla positions is unable to cope with the workload. Thus, increasing targets, providing more tools, hiring of more people, and allowing overtime were just some of the measures taken to address the challenge of responding to growing filings while mindful of turnaround time.

6. International Service

  • Led the Philippines towards its designation by the World Intellectual Property Organization as an International Searching Authority and International Preliminary Examining Authority, the second in the ASEAN. This service is most beneficial to local inventors in terms of better service, relationship, and affordable fees. Negotiations for designation of IPOPHL by select IP Offices as competent authority are underway where positive outlook is in the offing.
  • As an advanced office and a role model for competence and efficiency in Asia, IPOPHL is a favorite choice for south-south cooperation.

7. Incentive Programs

Adopted the Juana Series incentive program with the Department of Trade and Industry to support MSMEs with the highly successful “Juana Make a Mark” and soon to roll out, the “Juana Invent” and “Juana Design”. 

8. ISO Quality Management System 9001:2015

Striving for excellence and professionalism, the IPOPHL was one of the first agencies that transitioned and was certified and upgraded to ISO Quality Management System 9001:2015 standard  since 2017.

9. IPOPHL Recognitions

IPOPHL has likewise been awarded by the Development Academy of the Philippines for Best Practices and has reached the Compliance Stage of the CSC Performance Governance System.

Addressing the issue of fragmented support of government to inventors and the lack of continuity of support that could result in waste of scarce government resources, the M2M Program is envisioned to tap key players in the public and private sectors into one enabling ecosystem that brings ideas to the market. The objective is to shepherd creators and innovators along the intellectual property spectrum. The M2M is practically hand-holding and getting support for creators and innovators with promising IP for their needs from idea up to commercialization stage  in cooperation with other players in the ecosystems.

The Mind2Market Program links to an upgraded Innovation Technology and Support Offices (ITSO 2.0) to encourage the universities and R&D Institutions to undertake quality market-driven research towards commercialization.

ENFORCEMENT

1. Highest Value In Seizures In 2018

Posted the highest record on enforcement with the seizure of counterfeit and pirated goods at P23.8B by the National Committee on Intellectual Property Rights (NCIPR). IPOPHL coordinates the NCIPR and is the vice-chair. 

2. ASEAN Lead In Enforcement 

Designated Chair of the ASEAN Network of Intellectual Property Enforcement Experts (ANIEE) since 2017 by the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC).

3. Sustained/improved Enforcement

With enforcement measures in place, the Philippines keeps its position out of the USTR Special 301 list for six years since 2014.

4. Review Of The Supreme Court Rules Of Procedure For IP

Favorably acting on our initiative for a review and amendment of the Rules,  the SC readily formed the Sub-Committee to review and amend the Rules towards introducing expedited procedure for IP litigation. Review is on-going.

ADJUDICATION

5.Introduction of a new service: mediation outside litigation

Conceptualized to settle differences at the earliest opportunity. Not only is this cost-effective, it promotes better relationship, peace and harmony in the community.

6. Enhanced alternative dispute resolution through arbitration 

Although the IPOPHL Mediation services have a high success rate of almost half of cases referred to mediation being settled, the uncharted route of arbitration is another alternative for resolution of conflict that has not been promoted. In the pipeline is the training of IP arbitrators to help facilitate conflict resolution in a much shorter period of time.

7. Expedited litigation: Timebound procedures to expedite litigation

8. Empowerment of adjudication officers (AO): Drastically reduced backlog and expedited litigation when AOs heard and decided inter partes cases.

AWARENESS

1. National Intellectual Property Month

Initiating the National Intellectual Property Month with the issuance by Pres. Rodrigo R. Duterte of Proclamation No. 190 (2017) declaring every April as the National Intellectual Property Month to spread awareness on intellectual property;

The month-long celebration (an upgrade from the weeklong every last week of October) has given the IPOPHL a huge leeway in promoting the awareness and understanding of intellectual property. For one month, tarpaulins and banners were mounted in various locations like EDSA, C-5, and our partners government agencies in the National Committee on Intellectual Property Rights, and our partner ITSO universities.

Events like conferences, seminars, dialogues, fora filled up the weeks of April with local and international partner institutions and associations holding activities together in Metro Manila and in some key cities of the country.

More importantly, media interest is sustained for at least a month giving us the rare opportunity to promote and discuss our advocacies, and explain the importance of intellectual property to the economic development of the country.

2. IPOPHL Gawad Yamang Isip Awards

Commenced the IPOPHL Gawad Yamang Isip Awards to recognize excellence in the field of intellectual property by awarding inventors/creators/artists and champions and conferring them during the National IP Month at the Intellectual Property Convergence. Ramon Magsaysay Awardee Ligaya Fernando-Amilbangsa, Patis Tesoro, Francisco Sionil-Jose, Dr. Lourdes Cruz, and Dr. Ramon Barba were among the awardees.

World Intellectual Property Organization Director General Francis Gurry who the President conferred with the Order of Sikatuna for his programs on intellectual property in the Philippines, graced the first IP Convergence in 2018.

3. Advocacy Communications Team (AdvoComm)

Created to aggressively promote the awareness on IP through the various forms of media, including social media, the unit has been instrumental in implementing traditional and non-traditional approach to promoting intellectual property such as more media interviews, exposures, press releases, IP success stories, statement shirts and accessories.

LEARNING

1. Establishment of the IP Academy

The IP Academy is envisioned to implement a systematic approach to teaching intellectual property to targeted disciplines particularly in the creative and innovative sectors, including the relevant government agencies. It will carry out training programs, conduct research and establish cooperation agreements with national and international partners.

a. Mandatory Continuing Legal Education (MCLE)

Accredited by the MCLE Office of the Supreme Court, the IPOPHL has trailblazed the thematic IP-focused approach to complying with the Supreme Court requirement for lawyers. The Seminar is also opened to non-lawyers alike. IPOPHL’s latest innovation in the delivery of thematic IP-focused MCLE is the 5th offering of the program (Nov 27-29 and Dec 5-6, 2019) where we partnered with the Philippine Dispute Resolution Center, Inc. (PDRCI) and offered not just an IP-centered but also an Arbitration-targeted curriculum.

b. PAQE 

Patent Agents Qualifying Exams. As we focus on building a culture of creativity and innovation, we are also preparing the IP community for increasing demand, not only in terms of number of IP agents, but also of quality service providers. In order to support the expanding IP-aware community, IPOPHL shall be providing anew the technical training for interested persons who want to be accredited as patent agents after passing a qualifying exam. The conduct of the next PAQE has already been set in the pipeline.

2. Mainstreaming of Intellectual Property in the Curriculum

Through strategic partnership, most notable of which are the MOAs signed with the Commission on Higher Education (CHEd) and the Technical Education and Skills Development Authority (TESDA), the formal teaching of IP in universities and schools will provide awareness and capacity building of students towards availing of appropriate protection of works of creators and innovators.

3. Young IP Advocates (YIPA) Program

Recognizing that IP awareness and education must start at the earliest possible stage of development if we ever hope to build a culture of creativity and innovation, we have strengthened our bid on the future generation by going national with the program and rapidly expanding our reach to our youngest active advocates, the high school students from Luzon (Baguio YIPA Chapter), Visayas (Iloilo YIPA Chapter), and Mindanao (Cagayan de Oro YIPA Chapter).

4. Families United in IP (FUn IP)

Complementing the YIPA is its back-to-back program, the FUn IP. Learning is made institutional and sustainable by rallying the support of the family for our Young IP Advocates. At the end of the of the YIPA learning camp, their families are also given a day of fun Learning.

5. Free Seminars on Basic IP

Through LEAP IP (Learn, Be Empowered, Adopt and Profit from IP), conducted weekly, anyone interested in IP can get a free briefer on the different industrial IP tools used in the Philippines.

1.Technology-Based Tools

Enabling an effective and efficient exchange of correspondence between the IPOPHL and its clients through the use of safe and secure online facilities  promotes ease of doing business as it eliminates face-to-face transactions. The IPOPHL strategically uses reliable technology by investing in key capital assets for the improvement of its services and processes.

2. Artificial Intelligence Solutions

The Fourth Industrial Revolution is in the midst of all with disruptive technologies changing some ways of life and the manner of executing our work. To cope with the increasing volume of applications, transactions, and processes, it behooves for  IPOPHL to use, as it does use, artificial intelligence solutions and tools in the discharge of its mandates, particularly in facilitating the search and examination functions.

LEGAL

a. Comprehensive Review of the Intellectual Property Code

A priority bill of the DTI, the draft amendment of the IP Code was the outcome of a comprehensive review of the IP Code envisioned to address the challenges in curbing infringement of intellectual property rights. It embodies provisions that hope to resolve challenges brought about by the digital environment and the Fourth Industrial Revolution. The draft submitted to Senate and Congress aims to cover all these in addition to supporting the creative and innovative industries.

b. Constant Review of the IRRs

Amendments, if necessary, to effect changes in procedures and processes have been undertaken.

HUMAN RESOURCES

a. Review of Organizational Structure

Guided by the Vision and Mission of the office, its mandates, programs, and the increasing volume of work, a comprehensive review of the organizational structure and human resources requirements was undertaken and submitted to the DBM. Pending review by the DBM.

b. Introduction Of Change In The Hiring Procedure

 Under new hiring protocols, performing employees are given a fair chance to vie for promotion thereby boosting employees’ morale.

c. More interactive activities such as team building, seminars and workshops on strategic communication and on IPOPHL and personal values, career development, personal development, and more have been conducted for capacity building and development of skills of our human resources.

Recognizing that strong collaboration and partnership allows for a synergistic and more effective delivery of services, the IPOPHL has signed up agreements with both local agencies and private associations and international organizations and offices for various programs, projects, and activities.

Up in the list is the World Intellectual Property Organization (WIPO), Korea Intellectual Property Office (KIPO), Japan Patent Office (JPO), EU Intellectual Property Office (EUIPO), European Patent Office (EPO), US Patent and Trademark Office (USPTO), UK IPO, Intellectual Property Office of Singapore (IPOS), IP Key South East Asia, ARISE Program, INTA. On the local front, we have the DTI and BOI, DOST and its Councils, CHEd, TESDA, and many more.

1.The National Intellectual Property Strategy 2020-2025

Developed for two years and guided by the outcomes of a series of nationwide consultations with government, private-sector and academia partners, the landmark midterm plan sets forth strategies that can accelerate the country's progress toward its economic, cultural, and scientific goals. Core to these strategies is underscoring IP's role in creating an enabling environment for innovation and creativity to thrive. Speeding up the IP system’s momentum is hinged on the whole-of-society implementation as emphasized in the NIPS which identified pertinent players of society.

2. Humanitarian

Acceded to the Marrakesh Treaty to enable trade of foreign published works in formats accessible to visually-impaired and otherwise print-disabled Filipinos. The implementing rules and regulations for the Treaty have gone through nationwide consultation and will be signed soon. 

3. Inclusive

IPOPHL continuously works on the local IP system to be dynamic and accessible to women, MSMEs, indigenous peoples, and underrepresented minorities. For indigenous communities, particularly, the Office has initiated and signed a memorandum of agreement with the National Commission on Indigenous Peoples as a first-step to allow for a certain degree of protection for their traditional knowledge and cultural expressions, a form of IP asset that is seeing hurdles to worldwide acceptance due to its communal and lasting nature, contrary to the current IP system which confers exclusive rights to an individual person or entity for a limited time.