IPOPHL PERFORMANCE REPORT 2018

SERVICES IPOPHL OPENS UP ADDITIONAL SATELLITE OFFICES In a bid to expand its presence and reach out to more businesses and individuals in the provinces that are keen to register their intellectual property, IPOPHL established additional IP Satellite Offices (IPSOs) in the provinces of Dumaguete, Zamboanga, and Naga. The IPSO in Dumaguete is the 12th to be opened and was marked by partnerships with four (4) local commerce and trade groups, namely: Sidlakang Negros Village Producers’ Association, Negros Oriental Chamber of Commerce and Industry, ICT Association of Dumaguete and Negros Oriental, and the Department of Science and Technology – Provincial Science and Technology Center – Negros Oriental Dumaguete. The Sidlakang Negros Village is known for its fine arts, crafts, and delicacies. The village was established to encourage cultural heritage preservation and success within all the 25 local government units of Negros Oriental. Within the village, each of the 19 municipalities and 6 cities of Negros Oriental display their selected tourism asset, investment prospective , agricultural goods, fine arts and services.

The Negros Oriental Chamber of Commerce and Industry serves as a proactive catalyst for the development and sustenance of an environment conducive to business to improve the quality of life for the people of Negros Oriental. It performs functions related to investment promotion and investment servicing, networking with various government agencies, and pursuing various advocacies, among others1.

ICT Association of Dumaguete and Negros Oriental is a LGU-accredited non-government organization with 39 members and partners composed of BPOs/KPOs, the academe, ICT Professionals, and government agencies. It aims to promote the ICT industry in Dumaguete and Negros Oriental and facilitate

1http://www.nocci.biz/about-nocci/

grassroots development by providing for ICT development opportunities, among others. The other IPSOs that have been established in these regions are Cebu, Dumaguete and Tacloban. Filings from these regions amounted to 1,694, which is 37% of the total applications received by all the IPSOs in 2018. Through the efforts of DTI Dumaguete Provincial Director Nimfa M. Virtucio, Congressman Manuel T. Sagarbarria, and IPOPHL Director General Josephine R. Santiago, the DTI Dumaguete office has completed its array of services for MSMEs with the set-up of an intellectual property service point within the premises. The 13th IPSO was launched in August in the province of Zamboanga and was graced by Regional Director of DTI Region IX Sitti Jain and Zamboanga City Administrator Maria Angelique Go. The other IPSOs that have been established in this region are located in Davao, Cagayan de Oro, and General Santos. Filings from these regions amounted to 1,476, which is 32% of the total applications received by all the IPSOs in2018. A month after, IPOPHL launched the 14th IP Satellite Office in Naga city attended by Vice Mayor Atty. Nelson S. Legacion, DTI Regional Director Jocelyn LB Blanco, and Region V Provincial Director Edna S. Tejada. The other IPSOs in Luzon are located in Legazpi, San Fernando, Tuguegarao, Baguio, and NCR. Applications received in these IPSOs amounted to 1,441, which is 31% of the total applications from the region. At the sidelines of the Naga IPSO Launch, the IPOPHL held a Forum on Geographical Indications participated in by associations such as the Sorsogon Pili Producers Cooperative, Labo Progressive Multi-Purpose Cooperative, Federation of Pineapple Growers of Camarines Norte, and PhilPili. IPOPHL discussed the importance and benefits of having collective marks protected and registered and what are the signs that a mark can be considered a collective mark. IPOPHL also held the Bicol Intellectual Property Conference for the stakeholders and industry associations in the region. The conference is a first conducted outside of Metro Manila where IPOPHL discussed the role & importance of intellectual property in protecting and revving up creativity and innovation in the region. IPOPHL also signed a Memorandum Of Understanding for closer collaboration with the premier chamber of local business in the area, the Camarines Sur Chamber of Commerce and Industry (CSCC).

Completing the saga of events is the High-level Forum with Camarines Sur-Based Academic Institutions. The forum provided participants with an overview of the network of Innovation and Technology Support Offices(ITSOs) network, specifically on the strengthening capacity of local institutional capacity to access patent information and use the patent system. IPOPHL aims to enjoin universities and research and development institutes (RDIs) to the ITSO network to better harness research results, trigger creation and commercialization of IP assets and encourage the transfer of technology A basic orientation seminar on IP and one-on-one consultations were also conducted on the same day resulting to same-day filing of intellectual property applications. In Dumaguete, trademark certificates of registration were also awarded under IPOPHL's Juana Make a Mark incentive program to Micro, Small and Medium Enterprises (MSMEs). The Cebu Technological University (CTU), represented by its President, Dr. Rosein Ancheta Jr., was given the IPOPHL Special Award for having filed and registered the most number of utility models from 1998-2017, in the category of academic institution. The IPOPHL Special Awards was instituted this year to honor institutions that have made record-breaking achievements in the commercialization and utilization of IP system. The Juana Make a Mark Program is an incentive package available for MSMEs, which waives the fees for the registration of trademarks. It is aimed to further strengthen support to the government’s initiative to boost competitiveness of MSMEs in their participation in the global trade. Under the incentive package, IPOPHL will waive the payment of basic filing fees, fees for claim of color and publication fee for opposition of trademark applications filed by the beneficiary MSME subject to certain conditions. According to IPOPHL Director General Josephine R. Santiago, the swift expansion of the IPSOs this year is in line with IPOPHL’s goal to build a groundswell in IP awareness, especially outside of Metro Manila. IPOPHL is expanding its reach to these new territories to advance the use of IP to businesses, inventors, and any IP creator for their competitive advantage and spur innovation. Further, IPOPHL is striving to push this ‘first-mover’ filing mindset in trademarks by encouraging businesses to apply for registration of trademarks prior to registering as a business or even prior to commercialization.

MIND TO MARKET IPOPHL Conducts Visits to Innovation and Technology Support Offices (ITSOs) The University of San Agustin (USA) inaugurated its Innovation and Technology Support Office (ITSO) center last January 17, 2018. The inauguration was graced by the presence of IPOPHL’s Director General Josephine R. Santiago, Director Leny B. Raz, and Director Carmen G. Peralta. Ever since its affiliation with IPOPHL in 2014, the University of San Agustin has taken steps to ensure that its ITSO is compliant with required standards. The University has now designated its own office and appointed the necessary personnel who will take on the ITSO work headed by its ITSO Director, Dr. Assem S. El Baghdady, a medical doctor who ventured into different facets of the allied and medical health industry in the United Kingdom, and is fully supported by the Associate Vice President for Research, Dr. Jonel P. Saludes, a DOST Balik Scientist Awardee who envisions an office that supports every intellectual property output of the University. The development of the re-engineered concept of the ITSO was mainly attributed to Dr. Saludes and shared by Dr. Baghdady who embraced the ITSO mantra of making research better the lives of the people. The University President, Rev. Fr. Frederick Comendador, OSA, has put together a team from different fields of expertise to help the University achieve its goal of becoming one of the leading universities in the areas of Pharmacy, Medical Technology, Nursing, Biology and other Allied Health Services, Architecture, Technology and Commerce. With its ITSO operational this year, the University of San Agustin hopes to provide access on scientific and technical databases, assistance and advice on IP management and in using patent databases, and other patent search services. In March 13, 2018, the IPOPHL met with members of the Innovation and Technology Support Offices (ITSO) Network in Ilocos (Region 1) and Central Luzon (Region 3) to check on the status of the ITSO project and gathered recommendations to move ITSO initiatives forward. The Angeles University Foundation (AUF), headed by Mr. Joseph Emmanuel Angeles, hosted the activity. Director Carmen G. Peralta updated the members on the programs and projects of IPOPHL. Aside from the AUF, the following universities and Research and Development Institutes (RDIs) took part in the meeting: Bataan Peninsula State University, Bulacan State University, Central Luzon State University, Mariano Marcos State

University, Philippine Rice Research Institute, Tarlac Agricultural University, Tarlac State University and Virgen Milagrosa University Foundation. The ITSO project is an initiative of the IPOPHL to strengthen local institutional capacity to access patent information and make use of the patent system. This project entails building a network of partner-institutions and universities, and enables them to create their own in-house patent libraries for the benefit of students and researchers. Presently, IPOPHL has assisted 56 ITSOs to provide patent search and 54 ITSOs to provide patent drafting services. In 2018, the ITSOs has filed a total of 1,329 intellectual properties, broken down as follows: 154 patents, 906 utility models, 165 industrial designs, and 104 trademarks. IPOPHL Completes Four Patent Landscape Reports Patent Mapping or Analytics is a new service provided by IPOPHL to assist the different industries, which makes use of the information contained in the patent document to build on future technologies. From this process, IPOPHL generates patent landscape reports (PLRs) that guide policy makers, regulators, RDIs, HEIs, and industries on existing structural or policy gaps in technology in a particular industry. The World Intellectual Property Organization (WIPO) defines PLRs as a “snapshot of the patent situation of a specific technology, either within a given country or region, or globally.” In crafting a PLR, IPOPHL uses state-of-the-art technology and patent databases. The results are then analyzed and presented visually that would assist clients in understanding and formulating conclusions. The IPOPHL encourages the exploitation of patent analytics as a tool to uncover technological and legal information contained in patent disclosures for the furtherance of research and development. In 2018, IPOPHL was able to complete eight (8) PLRs, namely on abaca, rice (focused on production, health, fertilizer), shrimp, and natural rubber, crab, livestock feed resources, edible paper and rice(focused technology areas). It also presented seven (7) PLRs it completed in the previous year to industries, namely: swine, bamboo, and banana. Cumulatively, IPOPHL has done 25 patent landscape reports and has presented 26 of these to various industries in the past years until present.

Forging Academe and Industry Collaborations IPOPHL helps facilitate the utilization and commercialization of intellectual property assets through the provision of opportunities for the academe and industry to meet, interact, and discuss possibilities of collaboration either in terms of research or technology utilization or commercialization. IPOPHL conducts activities that gather together researchers and inventors from the academe and Research and Development Institutes (RDIs), and representatives of corporations and industries where researches and technologies are presented to the latter. In 2018, IPOPHL was able to assist the forging of the following industry – academe partnerships:

● Technological Institute of the Philippines and Unilever for the possible commercialization of the following researches and products:

o Residential Waste Characterization Analysis; o Design of an Innovative and Sustainable Sachet Packaging; and o Potential of Turning Flexible Plastic Water Materials Into Usable

Plastic Material o Architect Urcia and TBLX for the Building Blocks

● University of the Philippines Los Baños and East-West Seed Phils. for the possible commercialization of the following products:

o Sinta Papaya o Timyas Papaya o Liyag Papaya o Hirang Papaya

● University of the Philippines Los Baños and AustPhil Food Man. Corp for the possible commercialization of the product Microbial Rennet

IPOPHL CONDUCTS PATENT WORKSHOPS AND IP MANAGEMENT SEMINAR FOR UNIVERSITIES IPOPHL held a patent ‘writeshop’ for universities in Visayas and Mindanao as a step to help them file for patent protection and eventually market the results of their researches. The patent search and drafting workshops and basic intellectual property management training aim to help the academe and R&D sectors to determine if their technology and research is patentable, and provide practical know-how in drafting a patent application. The writeshops will equip ITSO personnel, faculty, and researchers with the needed skills to prepare patent specifications and claims.

The first writeshop was held in the province of Cebu and gathered as much as 50 participants from 13 ITSO partners across both islands. The writeshop was able to generate 23 patent filings. Plans to conduct two other writeshops in Manila for Luzon-based ITSOs and another one again in Cebu for Visayas and Mindanao ITSOs are tabled for the ensuing year. IPOPHL also conducts patent search and patent drafting courses upon the request of universities, such as those conducted for Our Lady of Fatima University (OLFU) in Valenzuela City and the University of Science and Technology of Southern Philippines (USTP) in Cagayan de Oro City. These courses were aimed to enable participants to effectively protect their IPRs through the efficient preparation of patent specifications and claims and increase the number of fP-knowledgeable people in universities and industry who will be able to cater to the needs of their community. At the same time, the IPOPHL holds on-demand trainings on basic intellectual property management such as the one concluded on September 10-14, 2018 in coordination with Western Visayas Agriculture, Aquatic and Natural Resources Research and Development Consortium. IPOPHL ASSISTS ACADEME, SMES TO PROFIT FROM IP In its bid for academe and small businesses to mutually benefit from intellectual property, IPOPHL is aiming to transform the innovations borne out of universities’ research into usable and scalable solutions for the public. In partnership with the WIPO under the Funds-in-Trust (FIT) Australia Program, IPOPHL gathered Philippine academic institutions and SMEs in the Bridging the Gap between National Academic Institutions and Industry in the Philippines for a workshop on October 22-23, 2018. The two-day workshop tackled how to effectively convert the intellectual property of higher educational institutions (HEIs) into solutions to be used and marketed by businesses. Without a platform for dialogue for the academe and industry, academic institutions may be deprived of potential revenues in failing to license their existing technology. Small businesses, on the other hand, not knowing that there are solutions to their operational challenges developed locally, may opt for more expensive, imported technology, said the Intellectual Property Office of the Philippines. For HEIs who have yet to develop technology, the fora provided an opportunity to directly collaborate with industry and jumpstart development of solutions that are already tailored to the SMEs needs. Leveraging IP for competitiveness, estimating the value of technology in business, and negotiating and managing technology transfer agreements were among topics slated discussed.

Significantly, an exchange of industry’s needs and academe’s offered solutions, is on the agenda to match up available technology with the businesses’ gaps. The cross-sectoral workshop is the third in a series of activities under WIPO- FIT Australia’s Bridging the Gap project, aimed at gradually building up collaboration between academic institutions and the industry. The program is an initiative to finance IP capacity-building projects in developing and least developing countries, and the Philippines is again a beneficiary of the program's second iteration RECOGNIZING SOCIALLY-RESPONSIVE INTELLECTUAL PROPERTIES BY FILIPINOS IPOPHL and the country’s largest business organization, the Philippine Chamber of Commerce and Industry (PCCI) once again recognized Filipino IP creators by conferring the Alfredo M. Yao (AMY) National Intellectual Property Awards for the 9th year in a row, during PCCI’s 44thPhilippine Business Conference True to the award’s goal to recognize socially relevant inventions by Filipinos, the AMY Awards this year were granted to three (3) technologies responding to food sustainability, production of alternative fuels, and special needs solutions. According to IPOPHL Director General Josephine R. Santiago, the continuing partnership between IPOPHL and PCCI is a testament to the unwavering support of the government and industry to Filipino ingenuity and innovation. The AMY Awards is spearheaded by the PCCI, which provided financial and organizational support and served as the main judges. The IPOPHL assists in the conduct of prior art search - a search to help determine an invention’s novelty - on the entries, as well as contribute to the awards received by the winners. This year, the AMY National IP Awards received a total of 52 entries across the Professional, Collegiate, Youth, and Special Awards categories.In the Professional category, six (6) inventions were short-listed from a batch of 30 submissions. In the Collegiate category, five (5) inventions were chosen from an initial pool of 16 entries. Of these, three (3) made it to the finals. The Youth category this year did not merit evaluation due to lack of formal requirements in the submitted entry. A grand winner, per category, was selected from the group of finalists:

● From the collegiate category, a post-harvest processing system for foxtail millet (an ‘alternative grain’ to rice) by a team of inventors led by John Renzap Barba of Bicol University garnered the top prize;

● In the professional level, the crude bio-ethanol distiller using rice husk as fuel, invented by a group led by Alexis Belonio and Manuel Regalado of PhilRice, beat out five other finalists;and

● In the Special awards, the inclusive innovation of entrepreneur/inventor Dante Olivar - a remote control for electronic devices geared for persons with arthritis and hand mobility problems - bested others in the category. While the remote control caters towards this demographic, Mr. Olivar relays that the remote is equipped with learning technology, thus enabling it to mimic the signals of other appliances’ remote controls, and can become a household’s only remote control.

The AMY IP Awards annually recognizes Filipino-owned intellectual property rights of owners of patents, utility models, industrial designs, and trademarks that have contributed or have the potential to contribute to economic growth and development. UPGRADING UNIVERSITIES’ PATENT SKILLS The IPOPHL, in partnership with the WIPO and the Japan Patent Office (JPO) gathered IP experts to hone the patent prosecution skills of the country’s most intellectual property-focused universities. Twelve of the country’s most IP-productive public and private higher educational institutions gathered at the IPOPHL on October 8 to undergo a five-day mentoring session by international IP patent attorneys and experts from the United Kingdom and the United States. According to IPOPHL Director General Josephine R. Santiago, the office puts a premium on practical capacity-building activities that are focused on achieving concrete and attainable results. The IP experts selected by the WIPO were Mr. David Musker, a patent attorney at Maucher Jenkins in London and a professor at the Queen Mary University; Mr. James Snaith, also a patent attorney at Kilburn & Strode in London; and Mr. Robert J. Sayre, patent attorney at Modern Times Legal in Cambridge, Massachusetts. The local experts tapped by IPOPHL were Dr. Jesus Sevilleja, Professor at the National Institutes of Health at the University of the Philippines Manila, and Atty. Jerry Serapion, intellectual property rights specialist. This National Patent Drafting Course is one of the many capacity-building activities carried out under the wider Enabling IP Environment (EIE) Project of

WIPO which entails intensive capacity-building of selected universities known as the IP Spokes. The project’s overall objective is to strengthen the IP and IP-related competencies of universities in the area of technology development, management, and commercialization, so they may eventually be able to harness the technology to be of practical use to society. The IP Spokes were selected on the basis of their technology and IP-generating activities. These HEIs were considered to benefit the most from intensive training and mentoring on patent drafting and prosecution. There are 14 IP Spokes in the Philippines and those in attendance during the event were Adamson University, Bataan Peninsula State University, Palawan State University, Technological University of the Philippines, University of the Philippines Diliman, University of the Philippines Manila, University of Sto. Tomas, Caraga State University, Capiz State University, Mindanao State University - Iligan Institute of Technology, Negros Oriental State University, and the University of San Carlos. The universities were tasked to prepare a patent invention application based on an invention they have developed in the course of the mentoring workshop. After the five-day session, the online mentoring phase run for three (3) months as a follow-up session for the continuous improvement of the patent application by the IP Spokes under the supervision of the IP experts. IPOPHL OPENS DIALOGUE WITH START-UPS Cybersecurity algorithms, software piracy, and copyright licensing of computer programs were just a few of the topics raised by the Philippine start-up community when it engaged with the IPOPHL in an informal dialogue on October 10, 2018. IPOPHL Deputy Director General Atty. Teodoro C. Pascua stressed that intellectual property is a very valuable asset and it becomes increasingly so as the business grows. By knowing the IP portfolio of a business is important and setting down ownership of the IP asset at the onset will be useful to avoid disputes and infringement claims, if needed. IPOPHL Bureau of Trademarks Assistant Director Atty. Jesus Antonio Z. Ros apprised start-ups on both general concepts of intellectual property and specific concerns of the start-ups in their operations such as the general registrability of trademarks, the jurisdiction of the Securities and Exchange Commission (SEC) and the IPOPHL in registration, and the nuances of proprietary work in a start-up.

Engr. Amelita R. Amon, Chief of the Industrial Design Examining Division in IPOPHL enlightened the start-ups, of the non-patentable nature of computer programs but the source code’s protection as copyrighted material. Ms. Amon gave a basic primer on patents, utility models, and industrial design. The start-ups present raised concerns, such as how IPOPHL can encourage them to prioritize intellectual property protection when formalizing their business, and how the overall process of IP protection can be streamlined. Mr. F. Patrick Cuartero, CEO of holding start-up Pylon Partners Inc. confirmed this as majority of start-ups, both tech-enabled and traditional ones, are now primarily focused on compliance with other government agencies, and on the primary growth drivers of their company. Assistant Director Ros acknowledged the different requirements that government agencies, such as the Bureau of Internal Revenue (BIR) and the Department of Trade and Industry (DTI), have in business registration. For IPOPHL, it has already migrated its full suite of registration facilities online, and is committed to facilitate ease of doing business.

ENFORCEMENT AND ADJUDICATION IPOPHL HELPS REVIVE LOCAL HANDICRAFTS FOR GREENHILLS TRADERS Reviving stagnating Filipino crafts industries was at the heart of the dialogue between top officials of the IPOPHL and the San Juan local government, as IPOPHL moves to develop an alternative livelihood program for vendors in Greenhills. This is part of IPOPHL’s effort to revamp Greenhills’ reputation as a center for counterfeit and pirated goods, while preparing a contingency plan for stall traders and vendors that may possibly be displaced due to the ongoing revamp of Greenhills instigated by developer Ortigas and Co. The Greenhills was one of the areas identified under the Notorious Markets Watchlist of the United States Trade Representative but was delisted in 2012. IPOPHL Director General Josephine R. Santiago is pushing for the use of intellectual property to add value to locally-made products and the re-launch of the Greenhills Shopping Center as the premiere center that showcases quality and inventive Filipino products. San Juan City Mayor, Hon. Guia Gomez, acknowledged the difficulty in weaning Greenhills vendors and traders from counterfeit goods to locally-made ones but affirmed the development of IP-infused goods - through research and development - can start small. This is where the network of Innovation and Technology Support Offices (ITSOs) could provide support and help through its Research and Development Institution (RDI) members. Locally-designed and crafted jewelry is a promising area for collaboration for product development, more so as craftsmakers can apply for industrial design patents on their aesthetic design. Jewelry and specialized crafts like doll-making are but two of the local industries overtaken by the influx of cheaper, mass-market alternatives from abroad. Mayor Gomez and IPOPHL agreed on the joint promotion of the hand-crafted Ninay and Nenita Filipino dolls, made iconic by non-governmental organization and social enterprise Balikatan sa Kaunlaran (BSK) Foundation, which is strongly supported by Mayor Gomez. These BSK dolls, can be trademarked and may also be patented for the design.

IPOPHL sees the implementation of the program to be an interagency effort, and plans to create an interagency committee to this end which is why it started initiating talks with other concerned agencies to weigh in on the possible convergence of efforts, and gather input to flesh out the alternative livelihood program. IPOPHL SEEKS MOU WITH ANTI-CRIME BODY TO HEIGHTEN IPR ENFORCEMENT IPOPHL agreed to widen the scope of the government’s IPR enforcement efforts, in a recent meeting with other members of the Sub-Committee on Organized Crime of the National Law Enforcement Coordinating Committee (NALECC-SCOC). The SCOC is one of the 16 sub-committees under the NALECC, which serves as the platform for the coordination of the law enforcement activities of different government agencies. The IPOPHL is a member of three (3) subcommittees of NALECC. In a holistic approach to IP enforcement in the country, IPOPHL Director General Josephine R. Santiago aims to go beyond the jurisdiction of the enforcement agencies that are members of the National Committee on Intellectual Property Rights (NCIPR) and targets to establish a Memorandum of Understanding (MOU) with the NALECC-SCOC to further heighten the enforcement of IP. With the MOU, the reach of IP enforcement can complement the efforts of the NCIPR and extend to NALECC-SCOC’s members including the Department of Information and Communications Technology (DICT), the Securities and Exchange Commission (SEC), the Department of Environment and Natural Resources (DENR), and the Department of Finance (DOF), among others. Also, the Philippine National Police’s Criminal Investigation and Detection Group - Anti Fraud and Commercial Crime Unit (PNP CIDG-AFCCU) can expedite its case-building of an IPR violation, crucial to which is securing cooperation from IP rights owner through the IPOPHL. In particular, the Department of Finance (DOF) is keen on supporting a measure that would enable the agency to zero in on the probable overall tax liabilities of counterfeiters or violators of intellectual property rights. Presently, the government pursues IPR violations and cases through the mandate of Executive Order 736, establishing the NCIPR. Additionally, IPOPHL is also looking to strengthen existing partnerships with other institutions such as border control agencies like the Philippine Ports Authority

(PPA) and the Manila International Airport Authority (MIAA), through similar agreements. The office also counts the judiciary, and regulatory agencies among its partners. IP AND THE PHILIPPINE FILM INDUSTRY IPOPHL, the movie industry, and the telecommunications sector, banded together to denounce illegal streaming - which gave birth to ‘plug and play infringement’ - as a common dilemma that must be stamped out. In a press conference held on April 13, the IPOPHL, together with the Motion Picture Association (MPA), the Film Development Council of the Philippines (FDCP), telecommunications giant Globe Telecom, and the Motion Picture Anti-Film Piracy Council (MPAFPC) brought together their staunchest advocates against film piracy to speak on the emerging ways technology has put the film industry at risk. According to Director General Josephine R. Santiago, among these new venues is through the use of illegal streaming devices. These devices allow access to content streams found in the Internet like live media broadcasts or content on demand, whether free-to-access or paid. These streaming devices, by themselves are not illegal. They become so when they are modified through software that allows the streaming of pirated content from the internet and has given birth to to a nascent illegal activity of ‘plug and play infringement’. Atty. Joji Alonso, a film producer and official of the Motion Pictures Anti-Film Piracy Council (MPAFPC), stressed that we should recognize and protect the hard work poured by the individuals involved in making films. Senior Vice President for Globe Telecom, Ms. Yolanda Crisanto, underlined their responsibility to be at the forefront of the campaign against film piracy, being an internet service provider. Ms. Crisanto spearheaded Globe’s #PlayItRight campaign – a widespread drive against illegal content – cutting more than 2,000 illegal sites that hosted lewd content and child pornography. According to her, accessing infringing content also exposes the users to malware that puts his data privacy at risk. Ms. Liza Dino of the Film Development Council of the Philippines lamented the paltry admission numbers in cinemas can be attributed to the spread of piracy. She reported that while the film industry contributes around Php 11 billion to the economy, admission numbers in cinemas in 2017 recorded only about 14% to 18% of the population in the country, which resulted to a decrease in cinema revenues.

A slowdown in the revenues of the cinema industry would affect the film-making industry where majority of the impact would be felt by those working behind the scenes. NOVEL FORMS OF MEDIATION OPTIONS TO BOOST CULTURAL INCLUSIVITY IN ALTERNATIVE DISPUTE RESOLUTION OF INTELLECTUAL PROPERTY CASES Mediators from the European Intellectual Property Office (EUIPO) and its counterparts in IPOPHL explored a form of mediation option, co-mediation, that allows for cultural differences to be respected and mitigated in settling disputes. In a fruitful exchange during the Exchange of Best Practice for Mediators Workshop held on 23-24 April 2018, EUIPO and IPOPHL mediators tackled the pros and cons of co-mediation. Co-mediation refers to the employ of an additional mediator, apart from the court or IPO-appointed one, for a party to a disagreement, to serve as a subject matter expert or a counsel for the party. IPOPHL offers mediation and arbitration services, through its ADR services unit, under the Bureau of Legal Affairs (BLA). Republic Act No. 9285, or the Alternative Dispute Resolution Act of 2004 (ADR Act of 2004) promotes and encourages the use of ADR for the effective and speedy resolution of disputes filed before judicial and quasi-judicial bodies and administrative agencies of the government. While there might be increased cost for the party and possible disharmony between the chosen mediator and the appointed one, Ms. Cinzia Negro, EUIPO Chairperson of the 5th Board of Appeal, said that co-mediation can be useful when there are differences in language and culture and promotes mentorship between the co-mediators. Participants in the mediation workshop shared instances of successful mediation proceedings of IP cases between different ethnicities due to the undertaking of a co-mediator. IPOPHL ENFORCES MANDATORY MEDIATION FOR INTELLECTUAL PROPERTY CASES To achieve a quicker, more cost-effective, and a more amicable means of resolving IP disputes, the IPOPHL has ordered all intellectual property cases to be compulsory mediated by disputing parties.

Through Memorandum Circular No. 008 s. 2018 on the Revised Rules for Mediation, the mediation of IP cases will be mandatory for the following:

● Administrative complaints for Intellectual Property Rights violations ("IPV") and/or unfair competition;

● Inter partes cases (“IPC"); ● Disputes involving technology transfer payments; ● Disputes relating to the terms of a license involving the author's rights to

public performance or other communication of his work; and ● Appeals to the Office of the Director General from the decisions of the

Bureau of Copyright and Other Related Rights , the Bureau of Legal Affairs , and the Documentation, Information and Technology Transfer Bureau.

The new procedure came into force on October 5, 2018. In the past, when a case is received by any of the bureaus and an answer or comment is filed, or an appeal is received by the Office of the Director General, IPOPHL applies mandatory referral to mediation, giving the parties a chance to resolve the dispute out of court first. But even if the referral to mediation is mandatory, the mediation itself is not. Based on records, only half of the cases referred for mediation actually proceed. The yearly average of cases that accept mediation is 40 to 45 % of intellectual property disputes. Most of the cases referred to mandatory mediation are IPCs or opposition cases relating to trademark. From 2011 to 2018, a total of 2,138 IP cases were referred to mediation, where 1, 210 cases actually underwent mediation with an acceptance rate of 57%. The settlement rate on the other hand – when parties reach a compromise agreement – is at 42 % of the 508 mediated cases from 2011 to 2018. In the litigation route, the losing party may appeal the decision of an adjudication officer to the Director of the Bureau of Legal Affairs, whose decision in turn is appealable to the Director General. This appellate process could go all the way up to the Supreme Court. With the mandatory mediation, the IPOPHL is also aligning its procedures with the court system which also advocate for parties to undergo mediation first as a ‘soft approach’ before litigation. Director General Josephine R. Santiago mentioned that both parties make a compromise agreement in mediation that would be mutually beneficial for them.

PHP 28.5 BILLION WORTH OF FAKE GOODS SEIZED IN 2018 BY THE NCIPR The National Committee on Intellectual Property Rights (NCIPR) has netted P 23.5 billion worth of counterfeit goods in 2018, with fake cigarettes and cigarette production equipment taking up almost the entire haul. Cigarettes took the top spot in value, estimated to be worth Php 20.25 billion. The value of fake goods confiscated by the government fluctuates every year as this depends on the class of goods and the market value of the original goods in the formal economy. The 2018 seizure reflects a triple-digit growth (179 %) from last year’s Php 8.36 billion haul and attests to IPOPHL and NCIPR’s unflagging efforts to stamp out the spread of counterfeit and pirated goods. The Bureau of Customs (BOC) contributed 47% (Php 11.08 billion) of the total haul while the National Bureau of Investigation (NBI) contributed 22.5%(Php5.3 billion). Early in February, the Philippine National Police – Criminal Investigation and Detection Group (PNP-CIDG), Bureau of Customs (BOC), Bureau of Internal Revenue (BIR) and Philippine Drug Enforcement Agency (PDEA) thorough joint operation has seized Php 5 billion worth of cigarettes and cigarette production paraphernalia during a one-time seizure of a factory manufacturing fake cigarettes in Bulacan. Meanwhile, the Optical Media Board (OMB) seized pirated optical discs worth Php 759.21 million, and replicating machines worth almost Php 30.71 million in 2018. The PNP, NBI, and the Food and Drug Administration (FDA) filed a total of 201 cases for violation of the Intellectual Property Code in 2018. According to Deputy Director General Teodoro C. Pascua, the substantial take indicates the aggressive drive of the NCIPR to clamp down on proliferating fake and counterfeit goods. he government has been persistent not just in impeding entry of these goods through the ports, but apprehending local manufacturers and distributors of these products. PROSECUTORS’ AND INVESIGATORS’ TRAINING IPOPHL, in collaboration with the members of the National Committee on Intellectual Property Rights (NCIPR), conducted a workshop for prosecutors and investigators on June 2018. The workshop was in line with the strategic initiatives of ensuring a speedy disposition of IPR-related cases and enhance the capabilities of IPR enforcement agencies and personnel under the 2017-2022 Philippine Action Plan on Intellectual Property Rights Protection and Enforcement.

The activity enhanced the capabilities of the prosecutors and investigators in case build-up, investigation techniques, and prosecution of IPR cases as well as familiarized them on the Second Edition of the Manual on Law Enforcement and Prosecution of Intellectual Property Rights. The manual provides the standard procedural guidelines for the law enforcers and prosecutors who will handle the cases of IPR violations. It was also crafted to help the public, media, academe, and other stakeholders in understanding IPR and the procedures for effective enforcement. Some 40 prosecutors and investigators attended the workshop.

LEARNING AND AWARENESS IPOPHL HOLDS DIALOGUES WITH STAKEHOLDERS IPOPHL’s stakeholders gathered on January 12, 2018 for a dialogue with IPOPHL’s management on the programs and projects on patents and trademarks, and adjudication of intellectual property cases. The Directors of IPOPHL’s Bureau of Trademarks (BOT), Bureau of Patents (BOP), and the Bureau of Legal Affairs (BLA) presented their 2017 breakthroughs as well as their plans and programs for 2018. The forum also served as a platform for the IPOPHL to gather feedback from various stakeholders on how the office can improve its services and provide the highest level of satisfaction to its clients. The discussions centered on the patent and trademark databases, sending of correspondences, revised fees, turnaround time, online filing systems, IP policy, mediation, and status of IP cases, among others. Overall, the activity proved to be successful as IPOPHL was able to get fruitful suggestions and recommendations from the stakeholders on how the office can serve them better and enhance the Office’s facilities, systems, process, and procedures.

IPOPHL also held its regular “Ka-IP-han” sessions with specific industry sectors to discuss the latest developments in intellectual property. The first session focused on gathering stakeholders' comments on activities for the National IPR Month celebration and a wide range of issues including amendments to the IP Code, and significantly, on closer collaboration on the implementation of the National Intellectual Property Strategy (NIPS). The ensuing session convened the copyright sector where discussions delved on the different ways in which copyright can help all kinds of creative individuals make a living from their original literary and artistic works. IPOPHL also had a meeting with the Kapisanan ng Brodkaster ngPilipinas (KBP) to confer on updates on the proposed WIPO Treaty on the Protection of Broadcasting Organizations and discuss some proposed amendments to the Intellectual Property Code of the Philippines in relation to broadcasters’ rights. The KBP is requesting the government to support its bid to hold the next Diplomatic Conference on Broadcast Treaty in the country.

IPOPHL CENTERS ON STRENGTHENING WOMEN-GEARED INITIATIVES ON INTELLECTUAL PROPERTY Mainstreaming gender and development (GAD) in the field of intellectual property is a challenge that carries more issues than merely addressing equal opportunities and representation of men and women, particularly in the enforcement of intellectual property. In 2016, IPOPHL moved to tap more women in its awareness campaign, promotion for respect and enforcement of IP through the organization and establishment of Women in Intellectual Property or “Win IP”. The project helped mainstream GAD in activities in making the public understand the relevance of intellectual property in various areas such as public policy, health, safety, economic development, and nation building in general. The “Win IP” is an interagency program conducted in partnership with members of the National Committee on Intellectual Property Rights (NCIPR), which provides the institutional platform for relevant government agencies to partner and collaborate in the promotion and enforcement of intellectual property rights. It is a neutral ground for both men and women to work together and get involved in programs and activities of national interest. In 2018, the Women in Intellectual Property (Win IP) converged again to organize a continuing run of the project on a per-agency basis. Representatives from the National Bureau of Investigation (NBI), National Book Development Board (NBDB), and the Optical Media Board (OMB) attended said event. Eventually, IPOPHL will tap the business sector, academe, research institutions, and other non-government agencies to become members of the Win IP. In line with the same objectives of the Win IP and in its continued campaign to make intellectual property relevant to all sectors of society, the IPOPHL instituted the Women Inventors’ Group and gathered notable women inventors in October 2018 for a focus group discussion led by IPOPHL Director General Josephine R. Santiago. Women inventors and innovators shared their experiences, challenges, and insights on intellectual property. The session will become a regular forum to engage women IP creators on their needs and challenges they face in all aspects of IP - from protection to enforcement. Such dialogues can pave the way for more women-geared programs Women inventors themselves affirmed the need for a mechanism to dialogue with the government, as they seek wider participation, representation, and more women-to-women support in intellectual property. With the group in place, IPOPHL hopes to foster innovation, to exemplify on the local and international IP

scene that the Philippines’ reputation for high gender parity extends to access to the intellectual property system. Meanwhile, women in the field of scientific research in ASEAN developing countries, in collaboration with the WIPO, IP Australia, and the IPOPHL approved a unified agenda on October 26, 2018. Participants discussed the challenges faced and the way forward for wider use of the intellectual property system by women at the three-day Regional Meeting on Women and IP Commercialization in Asia Forum. Participants from all over ASEAN, as well as local members of the academe coming from IPOPHL’s Innovation and Technology Support Offices (ITSOs), and from the Filipino Women Inventors and Innovators Inc took part in the whole-day forum. The event was organized by the IPOPHL, under the WIPO/FIT Australia program with the broad aim of narrowing, if not closing, the gender gap in the use of IP. Local women researchers joined their counterparts from Cambodia, Vietnam, Indonesia, and Sri Lanka in sharing their experiences in accessing the IP system in their respective countries, and the gaps faced in the journey from securing IP protection to commercializing it. Case studies on the Philippines and Sri Lanka were presented by Dr. Victorina H. Zosa of Lyceum University and Dr. Kanchana Kariyawasam of Griffith University, respectively, both highlighting a case of gender disparity in the use of the IP system. Researchers from the other developing nations individually presented the economic and socio-cultural situations in their country, to underline the challenges they face as women researchers in managing their intellectual property. The presentations, shared experiences, and the case studies were distilled into a unified list of general findings behind women’s under-representation in intellectual property use and commercialization:

● Gender disparity starts with university admissions to engineering and technology degrees;

● Gender disparity in senior management positions; ● Women are mostly teaching oriented academics with less focus on

commercialization of the research output; ● Fewer female scientists in certain areas important for innovation promotion

such as engineering (civil, mechanical, electrical); ● Lack of successful female inventors as role models; ● Lack of women networks and mentoring systems in academic world and

business; ● Lack of IP awareness and education;

o Curriculum (formal, informal, and non-formal) available in all levels of education

● Lack of IP women specialists; ● Cultural and social barriers – deep in tradition but also in modern life; ● Measures of support limited in time and comprehensive approach – from

education to access to high level jobs; ● Establishment of women professional associations; and, ● Limited access to financing.

Ms. Olga Spasic, Counsellor at the WIPO’s SMEs and Entrepreneur Support Division spearheaded the finalization of the approved findings and proposed a follow-up plan, consisting of commissioning more case studies, this time for the case of Indonesia, Vietnam, and Cambodia. Other measures for the action plan include:

● Holding the regional meetings on an annual basis for sharing best practices and adopting recommendations for governments;

● Exhibition of women inventions and innovations, back-to-back with the annual meetings; and,

● In the ASEAN region, a regular evaluation and publication of comparative data on the developed studies.

As a long term objective, local and ASEAN stakeholders, together with WIPO and IP Australia, agreed to implement the creation of a Women IP Professional Association in the ASEAN region consisting of academe, business, and inventors groups. Harnessing innovation particularly from women is a priority of the IPOPHL considering this gender group’s ability to contribute to economic growth. IPOPHL CELEBRATES THE NATIONAL INTELLECTUAL PROPERTY RIGHTS MONTH To instill the importance of intellectual property in our everyday lives, Philippine President Rodrigo Roa Duterte signed Proclamation No. 190 in 2017 declaring April of every year as the National Intellectual Property Rights Month. This was upon the proposal of IPOPHL, so as to align with the April celebration of international intellectual property events such as the World Book and Copyright Day and the World Intellectual Property Day. The celebration of the National IPR Month kicked off with a Sports Festival for IPOPHL officials and employees, photo contest, and poster-making contest. Photo Contest Employees of IPOPHL showcased their creativity and artistic talents in a photo contest dubbed “Quest for Innovation and Creativity.” Out of 30 contestants,

three took the top prizes and were named winners of the office-wide photo competition. Themed on IPOPHL’s Vision, Mission, Objective, and Values, the photo tilt aimed to channel the workforce’s talent in visual arts towards the function and value of their work. The entries depicted ‘intellectual property in action’ – exhibiting the services of the office, in connection with the theme. The entries were judged according to the conformity of the content and concept to the theme, creativity and originality, and quality of the photograph. Ms. Kathleen Joyce A. Ramos from IPOPHL’s Bureau of Trademarks claimed the top spot, while Bureau of Patents employees, Ms. Janine Mae B. Zuñiga and Mr. James Gabriel M. Palomo, took the second and third spots, respectively. Poster-Making Contest A poster-making contest for the children and young family members of IPOPHL employees was held last April 3, 2018 to encourage them to be ‘youth advocates’ of intellectual property in their own homes. According to IPOPHL Director General Josephine R. Santiago, part of the organization’s mission is to promote the culture of creativity among its own employees. Patronizing authentic goods should be the advocacy of the whole family, as fake and counterfeit products pose a big risk to the health and safety of the family. Around 30 participants took part in the half-day activity. The younger participants were divided per education level, while a separate group was comprised of IPOPHL employees. Mr. Aldred Christian P. Burgos, Ms. Jenelyn Ponce Aguilo, and Ms. Ashlyn Rae Reciproco emerged as the winners in the elementary, high school, and college level categories respectively; while Ms. Fatima Mamangon took the top prize among the IPOPHL employees. The winners’ posters were inspired by the National Intellectual Property Rights Month theme, Itaguyod Ang Yamang Isip Tungo sa Kaunlaranand were on display at the reception area for the whole month of April. Sports Festlval To strengthen camaraderie and sportsmanship within its workforce, the IPOPHL held a sportsfest on April 4, 2018 as part of its slate of activities for the kick-off week of the National Intellectual Property Rights Month celebration. IPOPHL Director General Josephine R. Santiago led the opening of the fun-filled event, underlining that cooperative and team-building activities strengthen the culture of excellence IPOPHL cultivates in its employees.

IPOPHL envision itself as one of the government agencies that practices a culture of excellence and performance. Activities such as sports and games are heavy on collaboration and teamwork and requires a character of excellence, which greatly supports this vision. It allows employees to bond with each other thereby strengthening relationships, building rapport, and establishing trust and camaraderie. The IPOPHL Sportsfest 2018 saw the full-force participation of IPOPHL employees from all seven bureaus, including its utility and security personnel. A parade of colors, and a cheer dance competition preceded the basketball and volleyball games. IP-themed arts and culture festival A three-day intellectual property-themed arts and culture festival was held at the University of the Philippines Diliman organized by IPOPHL, the University of the Philippines Alumni Association (UPAA), and the Intellectual Property Association of the Philippines (IPAP) on April 17-19, 2018. It saw the coming together of artists in visual arts, music, and dance to exhibit their craft, and collectively champion the protection and cultivation of intellectual property. The festival opened with a “Fun Walk” by the officials and employees of the IPOPHL around the UP Campus with slogans and banners depicting catchy lines about intellectual property and an exhibit of works by Filipino indigenous, literary, and visual artists displayed at the UP Bahay ng Alumni. It was followed by a music and dance show entitled “Yamang-Isip: Musika at Sayaw” with performances by the following:

● UP Singing Ambassadors ● UP Kontemporaryong Gamelan Pilipino ● Professor Ramon Acoymo, Ph.D. (Tenor) ● Professor Augusto Espino (Piano) ● (m)O(n)CTET ● Ms. Ma. Alexa Torte and Mr. Marvin Ely Lozano (with choreography by Ms.

Ma. Elena Laniog) ● Ms. Radzmina Tanjili (“Igal” dance)

The second day focused on a lecture on visual arts and an on-the-spot sketching session by the Filipino Portraits Artist Guild. More lectures on music, copyright, and books were conducted on the third day with guest speakers famed violinist and Performers' Rights Society of the Philippines (PRSP) President, Mr. John Lesaca; and Atty. Andrea Pasion-Flores, General Manager of Anvil Philippines,

one of the biggest general trade publishers in the Philippines. The session was also attended by singer and songwriter Noel Cabangon, joined by classical singer Ramon Acoymo. The event was capped by a mini-concert at the UP grounds by renowned folk music artists. IP Convergence: A Coming Together of the IP Community The IP community gathered on April 26, 2018 at the Peninsula Manila in Makati City to witness the culmination of the National Intellectual Property Rights Month: the Intellectual Property Convergence. With about 300 guests, the event included discussions on challenges and opportunities in leveraging the country’s intellectual property assets to contribute to national development, implementation of national intellectual property strategies in developing countries like the Philippines amid the ongoing fourth industrial revolution, and the presentation of the Intellectual Property Academy. The panelists for the main panel discussion were World Intellectual Property Organization (WIPO) Director General Francis Gurry; IPOPHL Director General Josephine R. Santiago; Philippine Permanent Representative to the United Nation and Other International Organizations (UNIO) in Geneva, Ambassador Evan Garcia; Department of Trade and Industry (DTI) Undersecretary Rowel Barba; and Department of Science and Technology (DOST) Undersecretary Dr. Carol Yorobe, all of whom also delivered the keynote addresses at the start of the conference. Dr. Gurry touched on the importance of women in driving innovation and creativity - the World Intellectual Property Day theme - as well as engaging in a panel discussion with high-ranking Philippine government officials. He also reinforced the need for countries like the Philippines to modernize its intellectual property system to maintain the country’s competitive advantage in a technologically-advanced region. He highlighted the emerging trends in the global intellectual property regime and how these are evolving in light of new technology, such as robotics and artificial intelligence. First of these trends is that demand for intellectual property is outpacing the world economy growth (3.5 percent vs. 10 percent growth in applications), pointing to the increasing importance of the global, knowledge economy. The second trend is the evident rise of Asia as the biggest producer of intellectual property in the world, citing 60 percent of intellectual property applications filed worldwide comes from the region. According to Dr. Gurry, technology that’s protected by intellectual property has become the basis for competition in Asia in certain industries, and so the need for the Philippines to keep in-step with its neighbours is pressing. The technology borne out of the research and development in the developed economies have

changed the way developing countries like the Philippines and other Asian countries can participate in the global value chain of different industries, for example in manufacturing. Given the array of policy challenges coming from adapting to technological advances made by developed economies, Dr. Gurry said the WIPO is encouraging stakeholders that regulate IP systems to respond more quickly to the changes. Dr. Gurry, along with 300 others, stood witness to IPOPHL’s launch of the Intellectual Property Awards, a recognition program celebrating outstanding creative or intellectual achievements of Filipinos that has resulted to beneficial impact to national and economic development of the country and to the lives of the Filipinos. The first award, the Intellectual Property Champion’s League, aimed to recognize individual or institutional accomplishments or contributions that have long-term, beneficial effect to the IPR environment and IP system in the Philippines. The awardees were the following:

● President Fidel V. Ramos

Former President Fidel V. Ramos put the Philippines in the international intellectual property map when the country hosted the maiden World Broadcasting Symposium in 1997 during his term. In his keynote address, he expressed the country’s commitment of implementing an effective and balanced intellectual property system in this part of the world. The Former President also declared, through a Presidential Proclamation, that the Intellectual Property Rights Week be celebrated every October, which put focus on the inventive and creative talents of Filipinos and encouraged them to keep their passion aflame.

● DOST Secretary Fortunato T. Dela Peña

During his stint as the then-DOST undersecretary, Secretary De la Pena championed the government’s “Filipinnovation” program and established pioneering projects that encouraged and supported meaningful research and innovative works to elevate the country’s science and technology capabilities. His initiatives cut across the major components of the IP system — the creation, protection and commercialization of intellectual property assets.

● DTI Secretary Ramon M. Lopez

The IPOPHL has found in DTI a strong advocate in the form of its Secretary, Ramon M. Lopez, who he has pushed intellectual property as a strategic business proposition for companies, which envision having a competitive edge in the marketplace. Among the significant initiatives of Secretary Lopez is the integration of intellectual property to DTI’s Micro, Small,

Medium Enterprise Programs like in “Negosyo Centers,” “SME Roving Academy,” “KAPATID Mentor Me,” “RIPPLE Project,” and the Agrarian Reform Beneficiaries Organizations.

● Representative Neptali M. Gonzales II

Representative Neptali M. Gonzales II strongly supported during the deliberations the passage of the Intellectual Property Code of the Philippines at the House of Representatives and bicameral meetings at the Senate.

● Atty. Emma C. Francisco

Atty. Emma C. Francisco provided a visionary leadership to create the foundations of an agency mandated to uphold intellectual property rights during her time as the first Director General of the Intellectual Property Office of the Philippines. During her term, she forged the Philippines’ accession to the Patent Cooperation Treaty, which introduced the country to a unified procedure in filing patent applications, paving the way to assisting and encouraging Filipino-made inventions. With Atty. Francisco at the helm, she harnessed the expertise and talents of the new organization’s men and women to craft and formulate the various implementing rules and regulations that would ensure protection of the intellectual capital and its concomitant rights. Believing that the continual and independent operation of the then newly established agency would guarantee the full enjoyment of intellectual property protection, Atty. Francisco ensured that self-sustainability provisions in the freshly enacted Intellectual Property Code of the Philippines were efficiently carried out.

● Atty. Adrian S. Cristobal, Jr.

While the IPOPHL is still in its foundational stages, Atty. Adrian S. Cristobal, Jr., IPOPHL’s second Director General, successfully transitioned the Office into a self-sustaining agency. He drew a blueprint that would make the agency’s services available to a greater number of people. By opening Intellectual Property Satellite Offices across the country, aggressive campaign for information awareness to primary stakeholders and to the public was initiated. It was also during Atty. Cristobal’s time when the IPOPHL began involving major players in the intellectual property system like higher education institutions, which are considered bastions of inventive, innovative, and creative outputs in the country. It was also during his term that the Philippines was downgraded from the Priority Watchlist of the USTR to the Ordinary Watchlist.

● Atty. Ricardo R. Blancaflor Upon assuming office as the third Director General of IPOPHL, Atty. Ricardo Blancaflor maneuvered the country’s intellectual property landscape to be included and recognized in the global system. Through enhancing intellectual property enforcement initiatives, Atty. Blancaflor took the Philippines out of the United States Trade Representative 301 Watch List and led the country to accede to the Madrid Protocol. Harnessing the IP enforcement resources of government agencies, Atty. Blancaflor continued the works of the National Committee on Intellectual Property Rights and closely engaged member-agencies to lessen intellectual property infringement and piracy in the country.

● Philippine Judicial Academy (PhilJa)

The Philippine Judicial Academy has always supported the dissemination of knowledge on intellectual property among the members of the judiciary, especially to judges designated to commercial courts at the Regional Trial Court level. Their initiatives have significantly helped in improving case disposition in the courts.

● Philippine Chamber of Commerce and Industry

The Philippine Chamber of Commerce and Industry has continually supported intellectual property in the country by promoting appreciation and application of locally developed and socially driven intellectual property.

● United States Agency For International Development—Science,

Technology, Research, And Innovation For Development (Usaid-Stride) IPOPHL’s strong partnership with the USAID-STRIDE institutionalized the groundwork for capacity building of faculty members and of the youth in higher education institutions. Through the years of conducting scholarship grants and advanced training programs, the collaboration successfully improved the research capability, competence, and confidence of burgeoning scientists and researchers. The continuous endeavor also led to the increased awareness on the nature of innovation and the necessary role of universities and other stakeholders to the rise of the economy and facilitated the conduct of cross-government collaboration on national innovation issues.

● Senator Raul S. Roco Considered the “Father of the Intellectual Property Code of the Philippines,” the late senator Raul S. Roco championed the passage of the law during Senate deliberations and Congressional bicameral meetings. Without him, the law and the IPOPHL may not have seen light.

IPOPHL also gave Special Awards meant to honor institutions that have made record-breaking achievements in the commercialization and utilization of IP system. The awardees were:

● Cebu Technological University o the academic institution with the most number of utility model

applications filed and registered from 1998-2017 ● University of the Philippines - Los Banos

o the academic institution with the most number of patent applications filed and granted from 1998 – 2017

● Philippine Rice Research Institute o the government agency with the most number of patent grants from

1998 to 2017 ● Industrial Technology Development Institute

o the government agency with the most number of utility models registered from 1998 to 2017 and most number of patent applications filed from 1998 to 2017

● Ambica International Trading Corporation o private company with the most number of trademark applications

filed from 1998 to 2017 ● Easyhomes Inc.

o private company with the most number of patent applications filed from 1998-2017

● G-Exchange,Inc. o private company with the most number of patent grants from 1998-

2017 ● Coral Stone Corporation

o private company with the most number of utility model applications filed and registered from 1998-2017

● Earth Tones Corporation o private company with the most number of utility models registered

from 1998 to 2017 and the most number of industrial design applications filed and registered from 1998 to 2017

At the sidelines of the IP Convergence, the IPOPHL, in partnership with the Philippine Judiciary Academy and European Union IP Office (EUIPO), held the Colloquium on Intellectual Property for the Judiciary.

The event gathered the judges of Special Commercial Courts and Court Attorneys handling IP cases to discuss Issues and concerns affecting prosecution and disposition of IP cases and matters relating to pending IP cases. It was also an opportunity to keep the Judiciary abreast of emerging trends and issues on IP Infringement that may become subject of IP cases in the future. LAUNCHING OF THE INTELLECTUAL PROPERTY ACADEMY The IPOPHL presented the newly-created Intellectual Property (IP) Academy at the Intellectual Property Convergence 2018, underlining the IPOPHL’s strengthened push for education. A particular strategy under the draft National Intellectual Property Strategy (NIPS) is the broadening of intellectual education by way of curriculum enhancement and undertaking research, to be handled by the newly-established Intellectual Property (IP) Academy. According to Director General Josephine R. Santiago, establishing the IP Academy is a concrete step in integrating IP education in the broader Philippine education system, while also training institutional partners in the academe, the government, and private sector so they may apply IP in their field. The IP Academy will serve as a national center for training and research on intellectual property. Part of IPOPHL’s broader strategy to mainstream intellectual property in education is formulating a dedicated IP policy for the basic education, the higher education, and technical vocation levels in collaboration with the Department of Education, the Commission on Higher Education, and the Technical Education and Skills Development Authority (TESDA). A comprehensive training program on IP for education sector officials and staff, basic education teachers, and other stakeholders will be part of the IP Academy’s goals. In the area of research and development, IPOPHL intends to strengthen linkages with universities and research development institutions to improve technology transfer from academe to industry, to be applied or developed into technology. NURTURING A CULTURE OF EXCELLENCE The IPOPHL held a 4-day teambuilding and cascading activity from May 9 to 12, 2018, underlining the organization’s goal of nurturing a culture of excellence in its workforce.

IPOPHL personnel and officials, numbering around 250, gathered for a series of collaborative activities and cooperative games. IPOPHL tapped the talents of facilitator Francis de Vera of iCross Holdings, and management consultant, Ms. Nerissa Mendoza, to help in the conduct of the program. The slate of activities kicked off with a creative presentation of assigned values (excellence, spirituality, professionalism, etc.) per team, designed to foster collaboration and champion performance values of a government agency. This was followed by the conceptualization and preparation of “Power Presentations”; group performances / interpretation of known pop songs, an exercise meant to showcase employees’ talents and showmanship. The afternoon session saw the employees engage in two simultaneous activities: (1) an activity to strengthen team communication and planning, and coordinate the analysis and execution of a common objective.; and (2) a more strenuous activity akin to an Amazing Race, aimed at spurring the more competitive nature of team collaboration. The evening’s activities consisted of a group action activity, a drum-beating session led by Rivermaya drummer Raymond Peralta and performances of pop songs of famous icons that each group imitated. The second day focused on personality assessment and evaluation for each one to know how to approach and communicate effectively with co-workers and superiors. Afterwards, each bureau were tasked to present to the community their pledge of commitment in their work and the values they seek to embody as one part of a bigger organization. This was done through a puzzle completion activity, which is now posted in the IPOPHL lobby to serve as a reminder to everyone. Ms. Nerissa Mendoza conducted the second part of the program: a cascading of the strategy map of the agency, and the results of the organisational health assessment that was earlier administered in August 2017. A film-viewing of the movie “Joy” was done on the third day (focusing on the challenges faced by an inventor) followed by a showcase of the skills and expertise of what each bureau can contribute to the situation based on the movie they watched. Apart from the official program, sports tournaments such as basketball and volleyball games were also held.

ACTIVITY-BASED COSTING KNOWLEDGE IMPARTED TO IPOPHL’S FINANCIAL AND PROJECT OFFICERS The IPOPHL collaborated with IP Australia for a four-day seminar focused on enhancing the organization’s financial management capabilities. Revenue forecast models, fee reviews and structures, and cost-recovery analysis were among the topics discussed by Mr. Kieran Sloan, Assistant General Manager & Deputy Chief Financial Officer of the Finance, Quality, Reporting & Property Group of IP Australia, on a broader seminar on cost-recovery and activity-based costing. The seminar highlighted how the efficiency of IP services can be more closely intertwined with financial sustainability methods. Mr. Sloan discussed in particular IP Australia’s set-up of closer coordination between the financial management group and the intellectual property rights production group. A production modeling method is initiated by their Finance Bureau - starting with a ‘demand profiling’ informed by economic analysis - providing a forecast of growth of IP applications to the IP rights group. Challenges in cost-recovery mentioned by the lecturer include balancing cost-recovery budget management, and access to relevant and accurate data sources. All these information are important to assess productivity, and identify factors that may be affecting it (such as preoccupation with other projects, etc.) and the pending stockpile of applications. The seminar is also a prelude to the Workload Analysis project that will commence in 2019. SECOND OFFERING OF IPOPHL’S MANDATORY CONTINUING LEGAL EDUCATION (MCLE) PROGRAM The IPOPHL held the second Mandatory Continuing Legal Education (MCLE) Program in September 2018 in a bid to keep lawyers and the broader IP stakeholders abreast of the current developments in intellectual property, as well as the impact of recently passed legislation on IP. The program is part of IPOPHL’s strategy toward enhancing IP education and awareness, not just among IP specialists and practitioners in the legal profession but among general IP stakeholders. Senior partners from intellectual property law firms, academicians, judges, justices, high-ranking officials of other government agencies, IT law experts, and officials of IPOPHL served as lecturers for the 5-day program. Under the Supreme Court en banc Resolution (B.M. 850, October 2, 2001), adopting the Revised Rules on the Continuing Legal Education for Members of

the Integrated Bar of the Philippines, all lawyers are required to undergo MCLE in order "to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.” According to the participants, the program was informative and the topics discussed were useful in their line of work. Further, some of the topics were an eye-opener that disproved the current mindset on intellectual property protection. The speakers also presented cases that the audience could relate to that made it easier for them to understand the lectures. STRENGTHENING THE SKILLS AND CAPABILITIES OF PATENT EXAMINERS Part of the preparation of the IPOPHL becoming an International Searching Authority and International Preliminary Examining Authority (ISA/IPEA) is to train its patent examiners on the latest trends and updates in patent examination with specific focus on certain fields of expertise. In coordination with IP Australia, a 5-day training and workshop on Search and Substantive Examination of Patent Cooperation Treaty (PCT) applications was held on September 3 to 7, 2018. The training focused on the chemical field and covered a workshop on the use of the different search databases, particularly in the advanced use of the STN Database in conducting structural search of chemical compounds. The STN Database is an in-depth source of a wide array of disclosed technical and scientific research such as journal literature, patents, structures, sequences, properties, and other data. Patent examiners consult and use several specialized databases in carrying out comprehensive patent search and examination, which in turn is a vital step in determining an invention’s patentability. In partnership with the European Patent Office (EPO), the IPOPHL also organized a series of workshops to learn more on the requirements, legal basis, & the specific criteria for patentability in the field of information & communications technology. This is in response to the increasing number of applications filed on ICT and computer technology. This field covers systems such as on information, communication, telecommunications, radio communications, software related, data mining, computer information networking, multimedia design, and the like. The training is part of the bilateral agreement between the two offices. Dr. Mauro Boero conducted the training to around 30 ICT patent examiners on September 23 – 28, 2018.

IPOPHL has released its guidelines on the examination of information communication technology and computer-implemented inventions in January 2018. IPOPHL AND KCC HOLD THE 2018 PHILIPPINES-KOREA COPYRIGHT FORUM IPOPHL and the Korea Copyright Commission held the Philippines-Korea Copyright Forum at the New World Hotel in Makati City, on August 8. The Forum was aptly themed “4th Industrial Revolution: Threat or Opportunity for Copyright-Based Industries.” The onset of the 4th Industrial Revolution (4IR) - the emergence of new technologies such as artificial intelligence, big data, and the internet of things - has given rise to both challenges and opportunities in the protection, distribution, and production of creative and audio-visual content. Among the salient issues is the blurring of the lines of ownership of created works – specifically AI-created works. Director General Josephine R. Santiago stressed the need for revisiting policies in light of the 4IR. Big data is seen as a powerful means for user analytics and a tool for search and mining applications. As such, there has been a wave of mass digitization of information (including written content) that can be used as dataset for user queries. In this line, questions of fair use of copyrighted works arise and new schemes for licensing are pondered as the balance of democratizing information through technology and securing copyright owners’ right to their work is being sought. Related to the collection of big data, is the IoT, the system of interconnection of multiple computing devices with the ability to exchange data over the internet. Everyday devices are enabled with data exchange and internet connectivity. These multiple avenues of content learn from the user - they present content specific to the user’s preference, and may ease out traditional forms of publishing whose content is not user-driven. As the 4IR technology progresses, IP will be at its center and demand for protection is bound to increase. TRAINING ON THE ASEAN COMMON GUIDELINES FOR THE SUBSTANTIVE EXAMINATION OF MARKS IPOPHL conducted a training for the intellectual property law firms and other practitioners to present, discuss, and explain the ASEAN Common Guidelines for the Substantive Examination of Marks.

This initiative is aimed at establishing a common understanding of the grounds for refusal of trademark applications, which is key to maintaining consistency and predictability in trademark-related decisions. The seminar also updated the agents on the substantive aspect of examination and ensured that they have the same level of understanding with the examiners. This is to ensure they are more capable of giving sound pre-filing advice to their clients on the registrability of their proposed marks and/or enable them to correctly and sufficiently address examiner’s objections to minimize the refusals of non-distinctive trademarks. The guidelines were drafted in the context of the EU-ASEAN Project on the Protection of Intellectual Property Rights (ECAP III). This project was approved by European Union and ASEAN in 2009 to support the implementation of the ASEAN Economic Community Blueprint. It serves as a reference to guide and focus the practices of the ASEAN IP Offices, with a view to achieving common criteria and standards in the short term. It contains principles and standards that can be applied regardless of the manner in which each Office carry out their examination process. The copy of the guidelines can be accessed in IPOPHL’s website. IPOPHL UPSKILL PATENT EXAMINERS IN PREPARATION FOR ITS ISA/IPEA OPERATIONALIZATION IPOPHL continually hones the skills of its patent examiners to improve the quality of examination. A similar training/workshop in November on substantive search and examination in the field of Bioinformatics were undertaken, with focus on topics relating to isolated biomolecules, transgenic plants, transgenic cells, and biomedical applications. The training/workshop, was once again done in partnership with IP Australia led by their experts: Vishal Desai, PhD and Kelly Hitchens, PhD; imparted their best practices in search and examination as an ISA/IPEA, especially those directly related to aspects in the field of biotechnology. The training included conducting keyword and sequence search on STN (Scientific and Technical Information Network), BLAST (Basic Local Alignment Search Tool), and The Lens search tools, through learning basic and advanced search commands. Patent examiners consult and use several specialized databases in carrying out comprehensive patent search and examination, which in turn is a vital step in determining an invention’s patentability.

The trainings complement the continuing education programs for patent examiners, as part of a holistic capacity-building approach of IPOPHL to become more efficient and effective and provide better and quality services.

TECHNOLOGY IPOPHL INTRODUCES ITS NEW ONLINE SYSTEMS FOR PATENTS AND TRADEMARKS IPOPHL deployed new systems for quicker and easier applications of patents and trademark The eCorrespondence (eCorr) system was launched to automatically transmit documents that are digitally signed through the Intellectual Property Administration System (IPAS) to a Secure File Transfer Protocol (SFTP) site for clients to access and download. It allows for quicker exchange and access of official correspondence between IPOPHL applicants. The SFTP site is hosted by IPOPHL using secure third party software, and will require clients to enroll in its system in order to be given an access privilege. This system reduce the time it takes to transmit office actions to the applicants as well as likelihood of errors in mailing the documents. Currently, the product line bureau forwards office actions to the Mailing Section for delivery within two ) days . The Mailing Section allots a 3-day lead-time in the mailing date to give allowance for the anticipated time lag. Apart from the eCorr, IPOPHL also deployed the eDocFile, a system that will allow the online submission of requests concerning patents so that applicants will not have to physically file their documents in IPOPHL. Both the eCorr and eDocFile systems are aimed to facilitate applicants’ transactions with IPOPHL. The IPOPHL also officially launched the new IPOPHL Patent Search using the WIPO Publish platform. The WIPO Publish is a system that assists member states create an online collection of IP applications made available to the public. It allows a highly customizable search through the use of filter mechanisms, with researchers being able to apply filtering search mechanisms in the basic search mode or choose specific fields in an application's bibliographic data in the advanced search. The search capabilities include indexed bibliographic and full text information, legal status, citations and image information. With the wider access to patent information, researchers, intellectual property (IP) owners, and potential intellectual property applicants can be aware of the existing technologies and designs that are published or already granted. Interested IP stakeholders can also get an idea of the technologies and designs that are still novel and unexplored. Apart from their own specialized databases,

patent examiners may also use WIPO Publish to aid their prior art search, a crucial step in determining an application’s novelty.

INFRASTRUCTURE IPOPHL WRAPPED UP THE FIRST DRAFT OF THE NATIONAL INTELLECTUAL PROPERTY STRATEGY (NIPS) In 2016, IPOPHL signed a Memorandum of Understanding with the WIPO to facilitate the crafting of the National Intellectual Property Strategy (NIPS).The NIPS will serve as a set of measures formulated and implemented by the national government to encourage and facilitate the effective creation, development, utilization, management and enforcement of IP. It is envisioned to be a comprehensive blueprint that outlines how policy options, plans, and programs related to IP should be implemented in a coordinated manner within a national framework. Having a well-functioning and balanced intellectual property system promotes innovation and creativity thereby driving economic growth. In order to achieve this, IP should be integrated into the country’s developmental framework and all the programs on intellectual property implemented using a coherent and holistic approach. Phase 1 of the NIPS involved the preparation of an analytical report on the landscape of intellectual property in the Philippines and the first draft of the NIPS. A series of consultation meetings with the different industries and stakeholder groups were conducted to gather inputs and assess the state of the intellectual property system in the country. Based on this, the IPOPHL – NIPS Team crafted the first draft of the NIPS and submitted it to the WIPO on December 13, 2017. Thereafter, a validation of the strategies was conducted in Cebu and Davao on March 19 and 21, 2018, respectively by the team. Another consultation in Manila was held on April 5, 2018. The IPOPHL-NIPS Team was able to gather recommendations from the stakeholders on additional strategies that may be implemented and comments on the strategies presented for further enhancement. The participants were composed of IP practitioners, inventors, and representatives from the academe, government agencies, and industries. Considering all the recommendations, suggestions, and comments from the stakeholders and the WIPO, the IPOPHL-NIPS Team completed and submitted the final draft of the NIPS last May 18, 2018 to WIPO and the IPOPHL Management.

IPOPHL SUPPORTS THE DATA PRIVACY ACT The IPOPHL made it known to its employees the importance of protecting their own personal information and that of the office’s stakeholders as it welcomed the National Privacy Commission (NPC) in an Orientation on the Data Privacy Act on July 31, 2018. The NPC is undertaking an aggressive information drive on the DPA, as NPC Commissioner Raymund Liboro underlined that government agencies need to be aware not only because the DPA contains a specific provision for government agencies, but because government is the biggest data processing entity. It acknowledges the right of data subjects over their personal information and enforces the responsibility on those who process and distribute such information, both in government and the private sector. With all the security threats to information all over the world, information leakage has become one of the major security concerns not only for private companies, but also mostly for government institutions at it holds the data of the people. The IPOPHL is currently taking steps to comply with the provisions of the Act in safeguarding all information it holds and be certified as 100% compliant by the National Privacy Commission. PH ACCEDES TO THE MARRAKESH TREATY The IPOPHL has secured wider access to novels, textbooks, and other printed materials currently limited in distribution and production by copyright law, for more than three million visually-impaired Filipinos. On December 18, 2018, the Philippines deposited its instrument of accession to the Marrakesh Treaty to Director General Francis Gurry of the WIPO, the specialized agency of the United Nations (UN) in charge of administering this Treaty. Ambassador Evan P. Garcia of the Philippine Mission to the UN and Other International Organizations facilitated this event. The IPOPHL has been pushing for the country’s accession to the Treaty, in a bid to increase trade in published materials in ‘accessible formats’ and institutionalizing freer production and distribution, since its adoption in a diplomatic conference in Marrakesh, Morocco on June 27, 2013. Publications in Braille format or audio books, for example, are considered accessible format copies. According to Director General Josephine R. Santiago, the blind, visually-impaired, and otherwise print-disabled persons are given an opportunity to further their education and cultural appreciation with the increased access to textbooks, novels, and other printed materials.

She further said that the spirit and intent of the Marrakesh Treaty will not only help reduce the ‘book famine’ experienced by these individuals, but will significantly empower them to seize opportunities that access to information has opened, and pave the way for a more inclusive society. With the accession, the Philippines agrees to provide some exceptions and limitations to rules in its national copyright law to allow converting published works in formats accessible to the blind, visually impaired, and otherwise print disabled persons (VIPs). The Philippines has already introduced in February 2013 the intent and spirit of the Marrakesh Treaty through Republic Act No. 10372, the latest amendment to the Intellectual Property Code of the Philippines in anticipation of the country’s accession to the Treaty. The amendment introduced measures allowing the reproduction or distribution of published articles or materials in a specialized format exclusively for the use of blind, visually-, and reading-impaired persons, provided, that such copies and distribution shall be made on a non-profit basis and shall indicate the copyright owner and the date of the original publication. This is considered a limitation on copyright and will not constitute as copyright infringement. To further enhance access, IPOPHL provided wider copyright limitation provision in its latest amendatory, draft bill submitted to Congress in November. The provision widened the scope of copyright limitation not just to the blind, visually-impaired, and otherwise print-disabled persons, but also those unable (through physical disability) to hold or manipulate a book, or to focus or move the eyes to the extent normally acceptable for reading. In addition, the Marrakesh Treaty allows the Philippines to export and import copyrighted works in accessible formats to and from other countries that are party to the agreement. To date, there are 47 countries contracting parties to the Marrakesh Treaty. This important development in local copyright law is also seen to significantly help in the Department of Education’s mandate to ensure equal access to education regardless of their physical state or disability.

PARTNERSHIP THE PARTNERSHIP BETWEEN THE EUROPEAN UNION AND IPOPHL The IPOPHL and the European Union (EU) are underlining cooperation in intellectual property, in part to facilitate the ongoing negotiations for a Philippines-EU free trade agreement (FTA) which includes a chapter on intellectual property. During the Regional Workshop on Online Infringements for IPR Enforcement Officials, Prosecutors & Asean Experts on Enforcement, European Union Ambassador to the Philippines Franz Jessen said in his opening remarks that the vibrant trade and investment relationship between the EU and the Philippines is anchored on a business environment that includes strong intellectual property protection and enforcement, which requires close cooperation. On the other hand, IPOPHL Deputy Director General Teodoro C. Pascua reported that addressing online infringement has been a big challenge to law enforcement agencies in the country because of the complexities, unpredictability and highly advanced technologies employed in the sale of counterfeit goods and products via the internet. The country needs sophisticated technologies and methods to detect, countervail, intercept, prevent and stop online infringements. The European Union Intellectual Property Office (EUIPO) outlined the two (2) major intellectual-property projects it is currently implementing in cooperation with the IPOPHL, one of which is focused to tackle possible challenges in the intellectual property chapter of the ongoing EU-Philippines FTA. The IPKey SEA is one of the major, active projects of the EUIPO geared towards enhancing the intellectual property protection and enforcement in Southeast Asia, for the benefit foreign businesses operating in that area, including EU companies and innovators. The IPKey SEA will be implemented on a bilateral basis with specific countries which the EU has significant commercial ties, which includes the Philippines. On a regional basis, the EUIPO will be among those implementing the Enhanced ASEAN Regional Integration Support from the EU (ARISE Plus) programme, an Asean-oriented project of the EU in development cooperation.

SCREENWRITERS GUILD OF THE PHILIPPINES AND IPOPHL LEVEL UP PARTNERSHIP The Screenwriters Guild of the Philippines and the IPOPHL are levelling up their partnership in a bid to educate screenwriters on the finer points of the use of their copyrighted material in contracts. IPOPHL held the first Basic Copyright Seminar for the Screenwriters Guild of the Philippines, hopefully the first step in a series of workshops that will gradually focus on specialized topics on copyright issues among screenwriters. Screenwriters Guild of the Philippines board member, Mr. Raymond Diamzon, expressed high hopes on the ongoing collaboration with IPOPHL in teaching screenwriters how to protect their copyright. As part of the Screenwriters Guild of the Philippines' mandate to protect its members, they are taking charge to consult with intellectual property experts on how to understand and negotiate contracts with producers in the use of their copyrighted screenplay. The program covered first the broad spectrum of intellectual property in the Philippines, then focused on copyright, for the screenwriters. IPOPHL AND UKIPO RENEWS COOPERATION AGREEMENT The IPOPHL and the United Kingdom Intellectual Property Office renewed its partnership on September 26, 2018 at the sidelines of the WIPO General Assembly. The IPOPHL and UKIPO first concluded a cooperation agreement in October 2015, after which the two offices jointly crafted a work plan that centered on intellectual property enforcement as the primary area of cooperation. The following were included in the agreement:

● Exchange of best practices, experiences, and knowledge on IP protection, utilization and enforcement through organization of symposia, seminars, workshops, and other training activities;

● Compilation and publication of relevant information materials, including reviews of best practices; and

● Exchange of IPR-related non-confidential information including statistics via capacity-building activities, including but not limited to exchange visits

Director General Josephine R. Santiago and UKIPO's Chief Executive Officer and Comptroller General Mr. Tim Moss signed the renewed MOU at a ceremony held in Geneva, a month ahead of the initial MOU's expiry. IP protection, utilization, and enforcement are the areas of cooperation identified in the present MOU. UKIPO stands as one of IPOPHL's staunchest partners in the area of IP

enforcement, owing to the intensive knowledge exchange and capacity building in enforcement carried out in the initial MOU. CONFERMENT OF THE ORDER OF SIKATUNA TO THE WIPO DIRECTOR GENERAL WIPO Director General Dr. Francis Gurry was given the highest Presidential honour of diplomatic merit in recognition of his extraordinary efforts to sustain and strengthen WIPO’s relations with the Philippine government, through the IPOPHL. President Rodrigo R. Duterte signed the conferment last April 26, coinciding with the World Intellectual Property Day. The actual awarding took place on October 2, 2018 in Geneva, with the award presented by Ambassador Evan P. Garcia, Permanent Representative to the United Nations and other International Organizations in Geneva and the IPOPHL Director General Josephine R. Santiago. To recall, Dr. Gurry visited the Philippines last April 26 to celebrate World IP Day outside of Geneva, a historic first. He came to grace IPOPHL’s first Intellectual Property Convergence, a high-level forum on intellectual property, and to join in the presentation of the first Gawad Yamang Isip. The Gawad Yamang Isip is IPOPHL’s series of awards honoring institutions and individuals who have cultivated the Philippine intellectual property system either in their effective use of it or in their official capacity. Dr. Gurry was awarded the Order of Sikatuna, Grand Cross Datu (with Silver distinction), in acknowledgment of his crucial role in aiding the IPOPHL elevate the Philippine intellectual property system to where it is today. The Order of Sikatuna is the “order of diplomatic merit conferred upon individuals who have rendered exceptional and meritorious services to the Republic of the Philippines.” The WIPO-IPOPHL partnership has been marked by the following achievements:

1. Philippines’ designation as an International Searching Authority and International Preliminary Examining Authority (ISA/IPEA) under the Patent Cooperation Treaty;

2. Establishment of Innovation Technology Support Offices (ITSOs) all over the country, a crucial step in spurring future inventions and innovation;

3. Deployment of the Industrial Property Administration System (IPAS), an IT administration system that fully automated the processing of patent and trademark applications in the IPOPHL;

4. Accession to the Madrid Protocol, an international agreement that has given Filipino trademark owners a cost-effective and easy access to a global trademark protection system for their trademarks;

5. Institutionalization of the Heads of Intellectual Property Offices (HIPOC) Meeting that has provided the IPOPHL with a venue to interface with heads of other intellectual property offices and collaborate with them on various initiatives, capacity building activities for the IPOPHL, and South-South initiatives that has raised the profile of the IPOPHL as an office with the capacity to render technical assistance to other offices, among others.

These accomplishments are but a fraction of WIPO’s collective contribution under Dr. Gurry’s leadership that has led to the modernization, and wider utilization of the Philippine intellectual property system. Dr. Gurry, an Australian national, has been at the helm of WIPO since 2008, and was reappointed for a second term in May 2014. He has held various key positions throughout his career, now spanning three decades at WIPO, encompassing the broad spectrum of the intellectual property system, before his appointment as its leader.

STATISTICS PATENT For the past five (5) years, applications filed by residents comprised 9% of the total filings. Filings from these applicants increased to 12% of the total in 2018, partly due to the increase in the filings from the universities and in the localities and the aggressive campaign of IPOPHL on the use of the IP system. Based on WIPO’s definition of terms adopted by IPOPHL, resident filers are applicants whose place of residence as indicated in their application is in the Philippines regardless of their nationality. Out of the 469 resident applications, 33% (154) were filed by the Innovation technology Support Offices (ITSOs) while 29% of applications were filed through the IP Satellite Offices (IPSOs).

On the other hand, majority of the patent applications filed in the Philippines has always been filed through the PCT System, averaging 83% of the total filings annually. However, 2018 saw a decrease in PCT-filed applications to 74% due to the increase in direct-route filings both by residents and non-residents.

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2014 2015 2016 2017 2018PCT 2880 2856 2607 2561 2943Non-Res Direct 148 190 243 242 550Resident 263 293 248 284 469

Graph 1: Distribution of Filed Resident, Non-Resident (Direct Route) and Non-Resident (PCT Route) Patent Applications from 2014 - 2018

Overall, applications for patents increased by 28% in 2018 with 3,962 received coming from the 3,087 applications filed in 2017. As in previous years, the United States (USA) remains the top country of origin of patent applications filed in the Philippines averaging approximately 900 applications annually, and comprising 28% of the total filings in the Philippines.

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Chart 1: Distribution of patent applications filed through the PCT and Direct Routes in 2018

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Total patent grants increased by 74% from a decline in 2017. Resident grants grew by an average of 5% for the past 5 years while total grants grew by 6%.

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US - United States of AmericaJP - JapanPH - PhilippinesCN - Peoples ChinaCH - SwitzerlandDE - Germany Fed.RepKR - Rep.of KoreaUK - United KingdomNL - NetherlandsKY - Cayman islandsFR - FranceOthers

Chart 2: Distribution of patent applications per country of origin filed in the Philippines in 2018

Graph 3: Distribution of Granted Resident, Non-Resident (Direct Route) and Non-Resident (PCT Route) Patents from 2014 - 2018

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2014 2015 2016 2017 2018PCT 1822 1875 1837 1420 2088NR-Direct 174 130 123 99 565Resident 23 24 31 18 29

Alibaba Group Holding Limited, a company in the Cayman Islands specializing in e-commerce, retail, Internet and technology, was the top filer for 2018 with 86 applications filed in the Philippines. Nestec S.A. came in second with 79 applications filed after being the top patent filer from 2015 – 2017. Unilever N.V. followed with 65 applications.

Table 1: Top Applicants for Patents in 2018

APPLICANT'S NAME COUNTRY 2018 Filed

Applications Alibaba Group Holding Limited Cayman islands 86 Nestec S.A. Switzerland 79 Unilever N.V. Netherlands 65 Sumitomo Metal Mining Co., Ltd. Japan 48 Philip Morris Products S.A. Switzerland 46

Toyota Jidosha Kabushiki Kaisha Japan 33 Ge Video Compression, Llc United States of America 30 Novartis AG Switzerland 27 Telefonaktiebolaget Lm Ericsson (PUBL) Sweden 26 Honda Motor Co., Ltd. Japan 25

Graph 4: Total Patent Grants in the Philippines from 2014 - 2018

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For the past years, most of the applications filed in the Philippines focused on the chemistry field of technology, averaging about 6,200 annually. While chemical technology applications showed a decreasing trend from 2014, it showed a very slight increase in 2018.

Table 2: Applications Filed by Field of Technology from 2014-2018

2014 2015 2016 2017 2018 Electrical Engineering 909 863 802 717 815 Instruments 581 438 334 327 366 Chemistry 7773 7462 6071 5000 5016 Mechanical Engineering 1265 1068 846 744 971 Other fields 631 555 459 365 465

Under the chemistry field, pharmaceuticals still recorded the highest number of applications filed but showed a 10% decline for the past 5 years. The 2nd sub-field of chemical technology with the most number of applications filed is organic fine chemistry with 976 applications. The chemistry field includes the following sub-fields:

Table 3: Patent Applications Filed According to the Sub-Fields of Chemical Technology

2014 2015 2016 2017 2018 Organic fine chemistry 1735 1852 1457 855 976 Biotechnology 610 557 473 509 626 Pharmaceuticals 3034 3065 2406 2030 1,783 Macromolecular chemistry, polymers 188 164 145 127 113

Food chemistry 552 432 406 334 429 Basic materials chemistry 858 652 551 526 514 Materials, metallurgy 242 232 215 256 219 Surface technology, coating 221 184 117 124 134 Micro-structural and nano-technology 2 4 10 3 3 Chemical engineering 190 207 165 145 106 Environmental technology 141 113 126 91 113

Pendency time for final office action is the measure of the average time (months) from filing to grant of patents. The pendency age for patents was slightly longer in 2018 than in the previous year by 2% owing to the unforeseen turnover of personnel and increasing number of applications filed.

TRADEMARK For the past five years, applications for trademarks filed by residents comprised 56% of the total filings. This increased to 60% of the total in 2018. Resident-filed applications increased by an average of 8% for the past 5 years partly due to the implementation of the Juana Make a Mark Program. Said program is a trademark incentive package that caters to Micro, Small, and Medium Enterprises (MSMEs) by waiving the payment of basic filing fees, fees for claim of color and publication fee for opposition of trademark applications but subject to certain conditions and requirements. Currently, more than 1,500 MSMEs have benefited from the program. Out of the 21,626 resident applications, 15% (3,206) were filed through the IP Satellite Offices (IPSOs) while 104 applications came from the Innovation technology Support Offices (ITSOs).

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Graph 5: Average Pendency Time From Filing to Grant of Patents

The Philippines acceded to the Madrid Protocol in 2012. Applications received through it account for about 18% of the total applications.

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2014 2015 2016 2017 2018Madrid 3914 5258 4745 6140 6414Non-Res Direct 7331 7081 7175 7266 7626Resident 14445 14774 15267 18565 21626

Graph 6: Distribution of Filed Resident, Non-Resident (Direct Route) and Non-Resident (Madrid Route) Trademark Applications from 2014 - 2018

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Chart 3: Distribution of trademark applications file through the Madrid and Direct Routes in 2018

Overall, applications for trademarks increased by 12% in 2018 with 36,666 received compared to the 31,971 applications filed in 2017. As in previous years and similar with patent applications, the United States remains the top country of origin for trademark applications filed in the Philippines averaging approximately 2,775 applications annually. This comprises 8% of the total filings in the Philippines.

Total trademark registrations increased by 74% in 2018 coming from a decline in 2017. Resident registrations grew by an average of 7% for the past 5 years while total registrations grew by 6%.

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Chart 4: Distribution of trademark applications per country of origin filed in the Philippines in 2018

Ambica International Corporation, a pharmaceutical company in the Philippines, was the top trademark filer with 200 applications filed in 2018. It held said record for 3 years (2014 to 2015, and 2017) averaging 280 applications annually. AGlobal Care, Inc. and Johnson & Johnson held the second and third highest spots with 171 and 109 applications filed, respectively.

Table 4: Top Applicants for Trademarks in 2018

APPLICANT'S NAME COUNTRY Filings Ambica International Corporation Philippines 200 Aglobal Care, Inc. Philippines 171 Johnson & Johnson United States of America 109 Zitro IP S.ÀR.L. Luxembourg 65 Apple Inc. United States of America 63 Zestar Food Corporation Philippines 62 Samsung Electronics Co., Ltd. Rep.of Korea 59 Metropolitan Bank & Trust Company Philippines 58 Davies Paints Philippines, Inc. Philippines 57 San Miguel Food And Beverage, Inc. Philippines 57

While pharmaceuticals was the top field of technology for patent applications, pharmaceuticals, health, and cosmetics industry came in second this year to

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2014 2015 2016 2017 2018Madrid 3489 5047 5331 4806 6093Non-Res Direct 6879 6849 8352 5976 6647Resident 8879 10098 13332 11173 12508

Graph 8: Distribution of Registered Resident, Non-Resident (Direct Route) and Non-Resident (PCT Route) Trademarks from 2014 - 2018

agricultural products and services industry for the classification of trademark applications.

Table 5: Trademark Applications Filed in the Philippines by Industry Classification from 2014 – 2018

INDUSTRY 2014 2015 2016 2017 2018

Agricultural products and services 7092 7650 7939 9274 10,792 Management, Communications, Real Estate, and Financial Services 3792 4310 4428 5742 6,893 Chemicals 1341 1492 1362 1738 1,602 Textiles - Clothing and Accessories 4871 4890 4656 5595 5,503 Construction, Infrastructure 2007 2192 2285 3012 2,954 Pharmaceuticals, Health, Cosmetics 7774 8305 7974 9773 9,760 Household Equipment 2174 2346 2415 3128 3,149 Leisure and Education 3768 3981 3835 4972 5,001 Scientific Research, ICT 4628 5442 5459 7000 7,234 Transportation and Logistics 2245 2354 2617 3249 3,241

The pendency time for final office action of trademark applications is the measure of the average time (months) from filing to the date of entitlement (31st day after publication). The pendency age for trademarks was reduced by 38% in 2018 compared to the previous year.

Graph 10: Average Pendency Time From Filing to Registration of Trademarks

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8

9

2014 2015 2016 2017 2018

MONTHS

UTILITY MODEL Residents file most of the applications for utility models received by the IPOPHL and only 4% come from non-residents. An increase of 54% in applications received was seen in 2018 compared to what was filed in 2017. In a span of 5 years, filings grew by an average of 22%, with 2018 recording the highest number of utility models received.

Most of the applicants filing for utility model are universities and for the past years, these institutions have composed the top filers. For 2018, Cebu Technological University (CTU) took the first spot with 136 utility model applications filed, more than 4 times of the 31 applications it filed in 2017. Capiz State University came in second with 92 applications, a 206% increase from the 30 applications it filed last year. Of the top 10 applicants, 6 are part of the ITSO network.

Graph 11: Distribution of Filed Resident and Non-Resident Utility Model Applications from 2014 - 2018

0 200 400 600 800 1000 1200

2014

2015

2016

2017

2018

2014 2015 2016 2017 2018Non-Res 27 38 35 27 61Resident 552 489 555 504 1052

Table 6: Top Applicants for Utility Model Applications in 2018

APPLICANT'S NAME FILINGS Cebu Technological University 136 Capiz State University 92 Surigao State College Of Technology 82 Samar State University 66 University Of Science And Technology Of Southern Philippines 57 Central Mindanao University 56 Bohol Island State University-Main Campus 52 Northern Negros State College Of Science And Technology 50 Sultan Kudarat State University 45 Laguna State Polytechnic University 43

Food chemistry remained to be the top field of technology for filed utility model applications with pharmaceuticals and basic materials chemistry coming in second and third, respectively. Food chemistry is the study of the chemical processes of food components. Table 7: Utility Model Applications Filed in the Philippines by Field of Technology

from 2014 – 2018

FIELD OF TECHNOLOGY 2014 2015 2016 2017 2018 Food chemistry 139 - 370 668 516 Pharmaceuticals 47 68 90 97 84 Basic materials chemistry 21 28 96 55 70 Handling 168 83 94 66 41 Civil engineering 119 68 81 42 35 Other special machines 27 38 49 29 34 Furniture, games 97 69 73 36 31 Electrical machinery, apparatus, energy 61 39 31 37 23 Materials, metallurgy 5 5 22 10 20 Organic fine chemistry 48 32 9 47 20 Medical technology 109 19 17 16 17 Other consumer goods 99 36 45 36 17 Chemical engineering 22 15 23 20 12 Environmental technology 21 13 14 13 11 Measurement 10 5 7 8 9 Mechanical elements 36 14 20 24 8 Macromolecular chemistry, polymers 14 - 18 15 6 Engines, pumps, turbines 8 13 32 20 5 IT methods for management 18 8 12 10 5 Machine tools 11 16 7 15 5 Biotechnology 1 9 4 3 4 Control 15 8 13 1 3

FIELD OF TECHNOLOGY 2014 2015 2016 2017 2018 Audio-visual technology 20 9 6 8 1 Computer technology 8 16 16 9 1 Analysis of biological materials 1 1 - 3 - Basic communication processes 2 - - - - Digital communication 1 1 4 7 - Micro-structural and nano-technology 2 - - - - Optics 2 2 8 1 -

Registered utility models increased by 110% in 2018 compared to those registered in 2017. For the past 5 years, registrations grew by an average of 14% where 2018 recorded the highest number of utility models registered.

For utility model, the pendency time for final office action is the measure of the average time (months) from filing to registration. The pendency age for utility model registration was at 8 months by end of 2018 compared to 6.45 months in 2017. The increase in the length of time until final office action was due to the assignment of some examiners to major projects that will greatly contribute to the increased efficiency of operations.

Graph 12: Distribution of Registered Resident and Non-Resident Utility Model Applications from 2014 - 2018

0 200 400 600 800 1000 1200

2014

2015

2016

2017

2018

2014 2015 2016 2017 2018Non-Res 27 38 35 27 61Resident 552 489 555 504 1052

INDUSTRIAL DESIGN Similarly, residents file more than half of the applications for industrial design while 42% of the total come from non-residents. Filings amounted to 1,522 in 2018 registering an increase of 9% from the previous year. For the past 5 years, applications filed grew by an average of 3%.

Graph 13: Average Pendency Time From Filing to Registration of Utility Models

12.2513.71

6.16 6.458.06

02468

10121416

2014 2015 2016 2017 2018

MONTHS

Graph 14: Distribution of Filed Resident and Non-Resident Industrial Design Applications from 2014 - 2018

0 200 400 600 800 1000

2014

2015

2016

2017

2018

2014 2015 2016 2017 2018Non-Res 519 555 516 666 645Resident 814 530 972 727 877

Design Center of the Philippines (DCP) recorded the highest number of filings in 2018 with 58 industrial design applications filed followed by an individual filer, Mr. Wilson Tan with 45 applications. DCP is an attached agency of the Department of Trade and Industry (DTI) tasked to explore new grounds in design and materials research and development to bring new and sustainable solutions that unlock opportunities for Philippines products and services to become key players in the global economy2.

Table 8: Top Applicants for Industrial Design Applications in 2018

APPLICANT'S NAME FILINGS Design Center Of The Philippines 59 Wilson Tan 45 Colgate-Palmolive Company 32 Yang Hua Huang 29 Honda Motor Co., Ltd. 27 De La Peña, Fortunato Jr. B. 23 Cebu Technological University-Main Campus 20 Firefly Electric And Lighting Corporation 19 Mariwasa Siam Ceramics, Inc. 19 Phil-Asia Plastic Mfg. Inc. 19 Toyota Jidosha Kabushiki Kaisha 19 Reckitt Benckiser (Brands) Limited 19

Packages And Containers For The Transport Or Handling Of Goods was the top classification for industrial designs filed in 2018 while Means of Transport or Hoisting as the second highest.

Table 9: Industrial Design Applications Filed in the Philippines by Locarno

Classification from 2014 – 2018

FIELD OF TECHNOLOGY 2014 2015 2016 2017 2018 Packages And Containers For The Transport Or Handling Of Goods 185 81 127 114 113

Means Of Transport Or Hoisting 102 80 86 126 109 Furnishing 123 27 78 77 106 Household Goods, Not Elsewhere Specified 105 47 61 55 53

Fluid Distribution Equipment, Sanitary, Heating, Ventilation And Air-Conditioning Equipment, Solid Fuel

45 24 35 52 50

2 https://designcenter.ph/about/

FIELD OF TECHNOLOGY 2014 2015 2016 2017 2018 Recording, Communication Or Information Retrieval Equipment 62 43 18 25 49

Lighting Apparatus 27 37 34 108 42 Building Units And Construction Elements 34 61 86 70 40

Pharmaceutical And Cosmetic Products, Toilet Articles And Apparatus 23 17 34 39 37

Articles of clothing & haberdashery 112 10 45 40 33 Equipment for production, distribution or transportation of electricity 44 7 11 20 30

Games, toys, tents and sports goods 10 6 14 26 29 Machines, not elsewhere specified 27 12 32 15 25 Clocks and watches and other measuring instruments, checking and signalling instruments

29 16 10 5 23

Medical And Laboratory Equipment 73 18 6 10 22 Stationery And Office Equipment, Artists' And Teaching Materials 15 21 33 25 22

Brushware 41 6 5 26 16 Travel goods, cases, parasols & personal belongings, not elsewhere specified 33 12 19 11 11

Tools and hardware 15 17 9 14 10 Articles of adornment 4 8 10 9 9 Articles for the care and handling of animals 2 7 4 2 8

Graphic Symbols And Logos, Surface Patterns, Ornamentation 17 29 14 20 6

Machines and appliances for preparing food or drink, not elsewhere specified 5 2 2 7 6

Arms, pyrotechnic articles, articles for hunting, fishing and pest killing 3 15 1 5 3

Sales and advertising equipment, signs 8 4 10 2 3 Tobacco and smokers' supplies 3 4 3 3 3 Devices and equipment against fire hazards, for accident prevention and for rescue

- - 2 1 2

Photographic, cinematographic and optical apparatus 3 4 7 2

Printing and office machinery 3 1 2 4 2 Foodstuffs 1 6 3 2 1 Textile piecegoods, artificial and natural sheet material 11 1 8 2 1

Musical instruments - 8 2

Registrations for industrial design increased by 25% from the previous year with 2018 recording the highest number of registered designs so far. Registrations also grew by an average of 16% for the past 5 years.

The average pendency age from filing to registration of industrial design became faster by end of 2018 by about more than a month. It improved to 5.43 months on the average from 6.67 months in 2017.

7.568.04

6.35 6.67

5.43

0

1

2

3

4

5

6

7

8

9

2014 2015 2016 2017 2018

MONTHS

0 200 400 600 800 1000

2014

2015

2016

2017

2018

2014 2015 2016 2017 2018Non-Res 322 441 462 573 971Resident 593 423 514 965 955

Graph 15: Distribution of Registered Resident and Non-Resident Industrial Design Applications from 2014 - 2018

Graph 16: Average Pendency Time From Filing to Registration of Industrial Design

COPYRIGHT IPOPHL was deputized by the National Library of the Philippines in 2011 to receive the deposit and registration of literary and artistic works and receive assignments and exclusive licenses involving copyrighted works. Since then, copyright deposits have been increasing and for the past 5 years, it grew by an average of 13%. In 2018 alone, deposits increased by 29% from the previous year.

ADJUDICATION AND MEDIATION Filed Inter Partes Cases (IPC) and IP Violation Cases (IPV) increased by 7% and 6%, respectively, this year compared to 2017. An increase in filed cases shows that IP owners are becoming more vigilant in protecting their intellectual property rights. On the other hand, it also shows that infringement is still rampant in the country.

676 649

919983

1268

0

200

400

600

800

1000

1200

1400

2014 2015 2016 2017 2018

Graph 17: Copyright Deposits Received from 2014 - 2018

Total disposals combining IPC and IPV cases increased in 2018 by 6% from the previous year. While there was a decrease in disposed IPV cases in 2018 by 28%, disposed IPC increased by 7%. The average time it takes to dispose cases from the time these were filed was faster in 2018 compared to the previous year. IPC disposal is now at 4.31 months

0 200 400 600 800

2014

2015

2016

2017

2018

2014 2015 2016 2017 2018IPV 37 25 23 36 39IPC 558 617 790 669 715

Graph 18: Distribution of Inter Partes and IP Violation Cases Received from 2014 - 2018

Graph 19: Distribution of Inter Partes and IP Violation Cases Disposed from 2014 - 2018

0 200 400 600 800 1000

2014

2015

2016

2017

2018

2014 2015 2016 2017 2018IPV 9 19 25 21 15IPC 530 532 844 789 842

from 5.12 months in 2017 while IPV disposal is at 2.29 years from almost 4 years in 2017.

For the past 5 years, the success rate for mediation of cases averaged 44%. However, the success rate decreased in 2018 to 35% from 43% in the previous year. The success rate is computed as the percentage of settled cases over the total mediated cases.

7.688.4

6.18

5.124.31

0

1

2

3

4

5

6

7

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2014 2015 2016 2017 2018

MONTHS

Graph 20: Average Pendency Time From Filing to Disposal of Inter Partes Cases

1.02

1.94

2.92

3.99

2.29

00.5

11.5

22.5

33.5

44.5

2014 2015 2016 2017 2018

YEARS

Graph 21: Average Pendency Time From Filing to Disposal of Intellectual Property Violation Cases

Graph 22: Distribution of Mediated Cases from 2014-2018

0 20 40 60 80 100

2014

2015

2016

2017

2018

2014 2015 2016 2017 2018Not Settled 66 59 67 70 89Settled 69 47 51 66 47