Demystifying intellectual property

Do you know the difference between a patent and a copyright and a registered trademark, often mistakenly lumped together as “patent”? What constitutes intellectual property rights? Is all the perceived “trouble” of registration worth it? What benefits do you derive from it?

As this month devoted to Philippine literature winds down, it is timely to take note of other important April milestones intimately linked to creativity, such as intellectual property (IP).

One reason the Intellectual Property Office of the Philippines (IPOPHL) and the National Book Development Board (NBDB) collaborate yearly to mark World Book and Copyright Day on April 23 (held this year at Plaza Moriones in Intramuros on a sweltering Monday) is to highlight the importance of books and reading on all platforms and, as important, to protect these works and their authors to ensure that all economic and moral rights remain with the latter. Thus, a Book Fiesta with storytelling and a balagtasan were in order, with the NBDB setting up the fiesta trappings and the IPOPHL, represented by lawyer Louie Calvario, explaining the day’s significance and providing the well-received ukulele band. (Other fiesta “sponsors” were the Intramuros Administration, National Commission for Culture and the Arts, Komisyon sa Wikang Filipino, and National Library of the Philippines.)

Since last year, by virtue of President Duterte’s Proclamation No. 190, April has been designated National Intellectual Property Month in view of worldwide celebrations on IP such as the Unesco-declared World Book Day on April 23 and World  Intellectual Property Day on April 26.

The IPOPHL laid out a red-carpet welcome for its IP partners and stakeholders at the Manila Peninsula two days ago. The special guest was Francis Gurry, director general of the Geneva-based World Intellectual Property Organization. This convergence conference was important enough for him to miss, for the very first time, his office’s own celebration in Geneva—after all, the IPOPHL is acknowledged as the Asean champion for IP rights enforcement.

In her very informative keynote address, IPOPHL director general Josephine Rima-Santiago reiterated how her office needs to continue its vigorous information campaign in a more efficient and sustained manner. She surprised the audience when, in describing the Philippine IP landscape to provide the needed context for the daylong conference, she announced that next year, the Philippine IP system would be marking its 140th birthday: The archipelago, then under Spanish rule, was part of the IP promulgation which took effect in Spain on Jan. 10, 1879.

Copyrights continued to be recognized even after the Spanish regime in 1898. In more recent times, government proclamations gave rise to the Philippine Patents Office, a law on trademarks, and an updating of the Philippine Copyright Law. It was President Fidel Ramos who codified all these in Republic Act No. 8293 on Jan. 1, 1998, with the Intellectual Property Code.

The others cited for their pioneering contributions to the 252-strong IPOPHL office today were the late senator Raul Roco who was responsible for the passage of the law, and former IPOPHL directors general Adrian Cristobal Jr. and Ricardo Blancaflor, lawyers both.

“IP is not a new animal in the country,” Santiago declared, pointing out that the Filipino’s level of creativity was such that it warranted copyright protection even then.

Despite the dramatic milestones, like the removal of the country from the US Trade Representative Special 301 Watch List in 2014 and 2015 and from the List of Notorious Markets as reported in 2012, Santiago knows that the very concept of IP is still alien to the average Filipino. She lamented that the subject is a mere elective at the tertiary level and not a part of the law curriculum, though it is part of the bar exams.

The IPOPHL thus plans to establish an IP Academy and Research Center and to keep a roster of 14 volunteer lawyers to provide pro bono services for needy clients.

That Philippine talent and creativity, of which we have no lack, need protection is the IPOPHL’s mantra.  As its vision states, it aims for “an intellectual-property-conscious Philippines in a demystified, development-oriented, and democratized IP system in 2020.”

For information: www.ipophil.gov.ph/ mail@ipophil.gov.ph/238-6300 local 5405 or 5406.

Neni Sta. Romana Cruz (nenisrcruz@ gmail.com) is chair of the National Book Development Board and a member of the Eggie Apostol Foundation.