Geographical Indications Law in Philippines
Here’s an overview of Geographical Indications (GI) law in the Philippines:
🇵🇭 1. Legal Framework
The Philippines protects Geographical Indications under Republic Act No. 10066, known as the Intellectual Property Code of the Philippines (IP Code), 2009.
Chapter VII of the IP Code specifically addresses the protection of Geographical Indications.
The law aligns with the TRIPS Agreement requirements.
2. Definition and Scope
A Geographical Indication is a sign used on goods that have a specific geographical origin and possess qualities or reputation due to that origin.
The IP Code covers GIs related to agricultural products, foodstuffs, handicrafts, and industrial goods.
The Philippines recognizes both GIs and Appellations of Origin.
3. Registration Process
GIs can be registered with the Intellectual Property Office of the Philippines (IPOPHL).
Application requires:
Evidence linking product qualities to the geographical origin.
Description of the geographical area.
Proof of product specifications and production methods.
The IPOPHL examines the application and publishes it for opposition.
If unopposed, the GI is registered for 10 years, renewable indefinitely.
4. Protection and Enforcement
Registered GIs enjoy exclusive rights to use the GI.
Unauthorized use or imitation of a GI is prohibited.
Civil remedies include injunctions and damages.
The law also provides for administrative fines and penalties.
5. International Agreements
The Philippines is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
It is also a party to the Paris Convention.
The Philippines has bilateral agreements recognizing GI protection with some countries.
6. Examples of Registered GIs in the Philippines
Baguio Strawberry
Barako Coffee
Bicol Coconut
Ilonggo Mango
Summary Table
| Aspect | Philippines |
|---|---|
| Legal Framework | Intellectual Property Code (RA 10066, 2009) |
| Registration Authority | Intellectual Property Office of the Philippines (IPOPHL) |
| Duration of Protection | 10 years, renewable indefinitely |
| Types of Goods Covered | Agricultural, foodstuffs, handicrafts, industrial goods |
| Enforcement | Civil and administrative remedies |
| TRIPS Compliance | Yes |
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