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On a mission to demystify the concept of intellectual property rights, presenting them in simplest terms for faster adoption and integration, the Intellectual Property Office of the Philippines (IPOPHL) has ramped up its engagement with local businesses, particularly among micro, small and medium enterprises (MSMEs) and underserved sectors of the community.

The IPOPHL recognises that while MSMEs may be defined as “micro”, their social impact is most certainly not. MSMEs are regarded as the backbone of the Philippine economy, accounting for 99.59% of the total number of business establishments and contributing to about 40% of the country’s GDP, while at the last count generating 65% of total employment.

The IPOPHL is adhering to an “inclusive, transformative and responsive” IP strategy through various high-impact initiatives and hands-on events.

Juan for the World

Since launching in 2021, the IPOPHL’s Juan for the World (JFTW) programme has been making it cheaper for MSMEs to register trademarks through the Madrid Protocol, with the private and public sectors providing financial and technical assistance.

In April this year, the IPOPHL signed a memorandum of agreement (MOA) with the Philippine Chamber of Commerce and Industry to extend the inclusive incentive packages to grassroots brands. Under the MOA, large business organisations will be able to sponsor at least the basic fee of an applicant’s international application under the Madrid Protocol.

Meanwhile, the Juana Make a Mark (JMAM) initiative is enabling women-led enterprises to register trademarks at a reduced cost. Data up to year-end 2023 indicates about 92% of JMAM applicants and beneficiaries were from outside Metro Manila.

Community outreach

In extending outreach, the IPOPHL engaged with various communities in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) in July to accelerate the region’s economic growth through IP. IPOPHL Director-General Rowel Barba noted that IP could play a key role in helping this community advance the Philippines’ goal of becoming a regional hub for halal food processing by 2028. The Philippine Halal Industry Development Strategic Plan 2023-2028 envisions attracting PHP230 billion (USD4 billion) in investment by 2028, doubling the number of halal-certified products to 6,000.

Back in Metro Manila, the IPOPHL successfully hosted the country’s first trademark conference, TMCon Philippines, from 24-26 July. The event focused primarily on stakeholders and MSMEs without access to trademark agents, providing guidance for registration procedures, branding and addressing office actions, as well as post-registration requirements. One session was devoted to the Madrid e-Filing system. The conference also explored emerging trends, best practices and IP commercialisation.

Indigenous rights

On the global stage, after nearly 25 years of negotiations, the Philippines and 193 other member-states of the World Intellectual Property Organisation (WIPO) on 29 May reached consensus on a treaty addressing IP, genetic resources, and traditional knowledge associated with these resources. Conceding the intersection of patents, genetic resources and traditional knowledge, the treaty is a win for inclusivity in the patent system and recognition of the rights of indigenous peoples and local communities.

During the WIPO general assemblies held shortly afterwards, the Philippines pushed for expedited negotiations on crucial IP treaties aimed at safeguarding indigenous heritage and boosting the knowledge economy. These included treaties such as for the Protection of Traditional Knowledge and Traditional Cultural Expressions, the Design Law Treaty, and the Treaty for the Protection of Broadcasting Organisations, which address gaps and could further benefit Filipino creatives and innovators.

Transformative strategy

Under its overarching “transformative” strategy, the IPOPHL recently intensified its push to incorporate teaching of IP concepts into the national school curricula. The IPOPHL envisions greater understanding of IP among the young populace as they become more involved in online content creation and consumption. Discussions are underway between the IPOPHL and Philippine Regulation Commission to include IP concepts in licensure exams for teachers.

Growing awareness of IP in the Philippines is reflected in the latest trademark filings report. During the TMCon conference, Barba reported that total trademark filings reached 21,751 from January to June 2024, up from 20,394 for the same period in 2023, and accounting for about 86% of total IP applications for the same period.

Given the upward trend, total trademark filings for 2024 are expected to exceed those of 2023. Meanwhile, it would be crucial to constantly monitor the figures pertaining to MSMEs and underserved sectors to ensure their interests are consistently championed.

Ernest Luigi A Manzanares is an associate at Federis & Associates Law Offices in Makati City