Modernization of the Intellectual Property Law

Published on 9/16/2021 - Issue Q3/2021

The modernization of the Filipino intellectual property (IP) law is getting closer to fruition. The Republic Act No. 8293 or the Intellectual Property Code of the Philippines (IP Code) governs IP and has been amended several times since its promulgation in 1998. The Philippine House Committee on Trade and Industry, which is a standing committee of the Philippine House of Representatives, is conducting public hearings on three House Bills (HB) (HB 8062; HB 1597; HB 8620) related to the IP Code of the Philippines. The proponents of the act are convinced that a modernized IP Code will help the Philippines implement global trends and will make the country more competitive and attractive to foreign investors.

Due to many changes in recent years, spearheaded by the Intellectual Property Office of the Philippines (IPOPHL), the Filipino IP system gains increasing recognition within the global community and in comparison to its South East Asian neighbors.

So, among others, HB 1597 seeks to amend the IP Code by increasing the protection period from 10 to 15 years. It further seeks to increase the criminal penalty and imprisonment for IP violations, and to raise the right of the author or their heirs to participate in the gross proceeds of the sale or lease of the work from 5 percent to 8 percent.

HB 8062 aims to overhaul the entire IP Code by expanding the organizational structure and powers of the IPOPHL, but stops short of granting it clear police powers for IP enforcement. It has to be mentioned that the IPOPHL has the unique characteristic of operating under the Office of the President, enabling a level of influence and reach that is not achieved in many countries.

Last but not least, HB 8620 proposes to amend certain provisions of the IP Code. Those suggested amendments are quite compatible with the expectations of the IPOPHL from a successful modernization. Some of the major proposed amendments are the expansion in the organizational structure of the IPOPHL, and granting police powers to the IPOPHL insofar as counterfeit and pirated products are concerned. Furthermore, the Bill contains new rules for patents, trademarks and copyright regulations.

It remains to be seen when and how the legislative process will come to an end. We are happy to keep you updated and give you more details on significant changes in Philippines´ IP law.