MANILA, Philippines – The Intellectual Property Office of the Philippines (IPOPHL) is seeking to put a cap on the litigation period of intellectual property rights (IPR) cases to not more than two years.
IPOPHL director general Josephine Santiago said in a briefing yesterday the limitation would form part of its proposed revisions to the implementing rules and regulations (IRR) of the Violation of Law Involving Intellectual Property Rights.
“In litigating a case, I don’t remember seeing a provision that it should be five years only or six. So I said why don’t we limit it to two years. So we will be coming up with a revised IRR limiting the litigation part of the intellectual property to two years and by then there should be a decision. Perhaps that will be shorter than that of the courts. Certainly they will be assured that in two years’ time there is a decision already,” Santiago said.
According to Santiago, cases in the country take time to be resolved as one or two parties usually delay it.
Santiago said implementation of the revised IRR is targeted by the first quarter of next year once a series of public consultations are completed.
“This is going to evolve after the public consultation, particularly as to what will happen and what will we do if it is not concluded within two years. So we have to consult. The revisions are still being crafted but in principle, that is going to be the direction,” the IPOPHL chief said.
Last year, IPOPHL received 600 cases, most of which are opposition cases on trademarks and cancellations.
“They have options of filing an administrative case before us or under the regular courts. But expertise is with us,” Santiago said.
Meanwhile, the IPOPHL is also mulling to incentivize micro, small and medium enterprises (MSMEs) which would participate in its so-called “trademark banking.”
“We are advising the public that the application for trademark need not be done at the time or after the business name application is approved,” Santiago said.
“We are thinking of what kind of incentive will we provide to people who would do this. Maybe we can call it trademark banking. You put this name on a bank. But then make sure you use it within three years, otherwise it’s going to be abandoned,” she added.
By applying for trademark prior to registering a business name, Santiago said MSMEs would avoid risks and additional costs.
