IP Code needs major overhaul to help inventors

The Intellectual Property Office of the Philippines (IPOPHL) proposed a sweeping overhaul of the Intellectual Property Code to bolster intellectual property rights and spur innovation.

The amendments would expand IPOPHL’s enforcement powers, allowing the agency to issue blocking orders, takedown orders and cease-and-desist orders against online platforms and service providers violating IPR.

It also seeks to expand the IPR Enforcement Office and IP Academy to strengthen enforcement and educational efforts.

To help inventors, the amendments introduce provisional patent applications, allowing inventors to secure early priority dates while completing their applications. Parallel filing for patent and utility model protection is also proposed to streamline the process.

The proposed changes set clear rules for the use and exploitation of orphan works and simplify copyright registration and deposit procedures.

One amendment recognizes extended collective licenses to ease rights management and permit protection of partial designs.

To modernize the system, the amendments incorporate electronic and digital signatures for communication and simplify procedures for issuing registrations when no objections are raised.

Addressing business concerns, the proposal aims to clarify mandatory and prohibited clauses in technology transfer agreements. It also seeks tougher penalties for IP violations, especially those endangering health, and would hold manufacturers, distributors, sellers and online platforms jointly liable for counterfeit and pirated goods.

The proposed amendments also aim to improve IP services access for micro, small and medium enterprises by expanding the jurisdiction of adjudication and IP dispute resolution functions. It also seeks to formalize alternative dispute resolution mechanisms.

These comprehensive amendments align with the Philippines’ commitments under the Regional Comprehensive Economic Partnership and aim to boost the country’s standing in the Global Innovation Index, according to IPOPHL.