IPOPHL, INTA discuss challenges, opportunities on IPR administrative enforcement
Published on May 28, 2019
The Intellectual Property Office of the Philippines, together with a global organization of brand-owners and leading IP law firms, tackled the challenges of implementing administrative measures to combat counterfeiting activities, and charted the way forward on further collaboration.
“There have been some difficulties internally and externally, but we’re working with what we have and still building the ecosystem for IPR protection,” noted IPOPHL Deputy Director General Teodoro C. Pascua.
Structural challenges in carrying out enforcement actions on an administrative level, including the exercise of visitorial powers and dedicated personnel for the IP Enforcement Office were among the challenges cited.
The policy dialogue was conducted to apprise members of the International Trademark Association (INTA) of the scope and extent of IPOPHL’s enforcement capacity.
Atty. Maria Trinidad “Leny” Villareal, sharing an experience of case resolution via administrative route, advised a quicker timeline of action for issuance of visitorial orders, but acknowledged the office’s current challenge in manpower limitations.
Atty. Marlita Dagsa of the IP Enforcement Office, highlighted that even with the limitations in terms of manpower, active coordination efforts with both brand owners and enforcement agencies are sustained to follow up on verified complaints and/ or reports on counterfeiting and piracy.
Among the enforcement actions of the IEO are: issuance of notice/warnings, visitorial orders, compliance orders, and referral to law enforcement agency for case build-up, among others.
The IEO head however, similarly emphasized that having dedicated enforcers detailed from the National Bureau of Investigation and the Philippine National Police will be beneficial to the office.
Deputy Director General Pascua took note of the issues raised, and urged for stronger coordination among the National Committee on Intellectual Property Rights members, brand owners, and law firms while the amendatory bill to the Intellectual Property Code (that would address these challenges) is still in the hands of Congress.
“There are limitations that we cannot foresee but at the moment, collaboration is key to enhance the efficiency of the NCIPR, and for our own enforcement team as well,” he ended.
Among the plans slated to strengthen the NCIPR is bringing in the Bureau of Internal Revenue (BIR) and the Bureau of Immigration into the fold to widen the scope of intellectual property rights enforcement.