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By Ike Suarez, Correspondent
The Intellectual Property Coalition Inc., the
federation of Philippine trade associations connected with the
creative industries, has asked the Office of the US Trade
Representative to retain the Philippines this year on its 301
Watchlist, the list of countries worldwide where IPR violations are
rampant.
Representing the IT sector in this federation
are the Philippine chapter of the Business Software Alliance (BSA),
Philippine Software Industry Association, and Philippine Internet
Commerce Society.
At the same time, IP Coalition has asked the
USTR to conduct an out-of-cycle review to determine rate of progress
in gaps in the Philippine IPR regime identified by the coalition.
The requests are contained in an official letter
dated February 11 addressed to Jennifer Choe Graves, director for
Intellectual Property and Innovation and chairwoman for the Special
301 Watchlist of the federal government’s Office of the US Trade
of Representative in Washington D.C.
The letter, a copy of which was obtained by Tech
Times, had the signatures of the IP Coalition Inc.
Chairman John Lesaca and its general counsel, Lawyer Numeriano
Rodriguez.
“Qualitatively and quantitatively, the
enforcement record for 2007 evidences consistent readiness and
responsiveness by the enforcement agencies to respond to
stakeholders,” the letter said as the IP Coalition Inc. noted
advances by Philippine law enforcers in going after IPR violators.
But the letter added, “ The raids and seizures
are not enough to deter piracy and counterfeiting. Enforcement is
but the initial stage in the process to protect IP.”
In its letter, the IP Coalition Inc. said little
has been done in the Philippines to establish an IP unit at the
Bureau of Customs; designate specific courts as dedicated to the
handling of IPR-related cases; enact enabling laws to implement
Internet treaties, and issue ordinances authored by
local governments with regard to IP in their respective areas of
jurisdiction.
The letter pointed out that the bulk of pirated
media in the Philippines had been imported from neighboring Asian
countries. But it said, the unit at the Bureau of Customs tasked to
handle these matters had continued to remain as a small office.
It said that IPR cases filed in the Philippine
courts last two to 10 years before being decided upon and
establishment of specialized IP courts could reduce trials to a
period of six months to two years. It added that establishment of
such courts could be done by a mere order issued by the Philippine
Supreme Court.
It also said there was need for legislation in
the Philippines to enable enforcement of the World Intellectual
Property Office Copyright Treaty and WIPO Performance and Phonograms
Treaty that had been drawn up to address IPR issues spawned by the
proliferation of digital technologies and Internet connectivity.
The IP Coalition Inc. also called for
uniform ordinances to be adopted by local governments. It noted that
a few city governments had already passed ordinances in this regard
but added, “we still await actual implementation.”
Other associations that make up the IP Coalition
Inc. include the Asosasyon ng Musikang Pilipino Foundation,
Association of Videogram Distributors of the Philippines, Council to
Combat Counterfeiting and Piracy of Patents, Copyrights, and
Trademarks, Filipino Society of Composers, Authors, and Publishers,
Organization of Filipino Composers, Movie Distributors Association
of the Philippines, Philippine Association of Recording Industries,
Philippine Chamber of Commerce and Industry, and US Chamber of
Commerce.
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