PHILIPPINES Trends and Developments Contributed by: Susan D. Villanueva, Patricia A. O. Bunye, Rowanie A. Nakan and John Patrick M. Santos, Cruz Marcelo & Tenefrancia
sized enterprises (MSMEs), creating training pro- grammes for creatives and cultural workers to address their concerns and challenges related to IP, and implementing localised initiatives in partnership with local innovative organisations. The Hapag-Isipan strategy also lays down initia- tives that increase the economic value of IP in the country, for instance by developing stand- ard IP valuation methodologies, and establishing financial services supporting IP owners. These action points require the collaboration of the IPOPHL and other government agencies such as the Bangko Sentral ng Pilipinas, Securities and Exchange Commission, Department of Trade and Industry, and the Department of Science and Technology, among others. The Philippines has also acceded to various international agreements. In May 2024, the Phil- ippines adopted a landmark WIPO treaty on IP, genetic resources, and traditional knowledge associated with genetic resources to prevent the misappropriation of such knowledge and resources. The Philippines is expected to accede to the Geneva Act of the Hague Agreement, which aims to develop a more efficient application pro- cess for industrial design registration. Enforcement and Litigation The adoption of the 2020 Revised Rules of Pro- cedure for Intellectual Property Rights Cases, which are applicable to IP cases filed with the trial courts, aims to expedite litigation proceed- ings and provide more certainty and stability with respect to enforcement. As regards cases filed with the IPOPHL, while the pandemic years showed a lower number of patent litigation cases filed, steps to improve this
offer a more optimistic view. Part of the IPOPHL’s strategy is strengthening its enforcement capa- bilities by adopting cutting-edge technology such as those relating to artificial intelligence (AI). Specifically, in its PHIPS for Years 2025- 2030, the IPOPHL recognises that AI may be used for real-time IP infringement detection and automated legal support. There are also plans to amend the Philippine Intellectual Property Code to address challenges in IP enforcement and the impact of fast-changing technologies. Enforcement efforts by various government agencies were recognised by the United States Trade Representative (USTR), which reported the seizure of PHP35.24 billion worth of coun- terfeit goods in the first nine months of 2024 alone, a leap from 2023’s total of PHP26 billion. These seizures were made through the efforts of the National Bureau of Investigation (NBI), the Philippine National Police (PNP), the Bureau of Customs (BOC), the Office of the Ombudsman (OMB), and the Food and Drug Administration (FDA). Recent Landmark Jurisprudence in Patent Litigation In Phillips Seafood Philippines Corporation v Tuna Processors, Inc., G.R. No 214148 (06 Feb- ruary 2023), the Supreme Court expounded on the doctrine of equivalents. The case stemmed from an administrative com- plaint of patent infringement and preliminary injunction with a prayer for the issuance of a temporary restraining order filed by Tuna Pro- cessors, Inc. (TPI) against Phillips Seafood Phil- ippines Corporation (Phillips), alleging that, as the owner of Philippine Patent No I-31138 enti- tled “Method for Curing Fish and Meat by Extra Low Temperature Smoking” (Patent No ‘138), its patent rights were infringed by Phillips when
403 CHAMBERS.COM
Powered by FlippingBook