BUSINESS

Sustaining global IP momentum

Rowel Barba

This week, the Intellectual Property Office of the Philippines will be engaging in multilateral dialogues at this year’s General Assemblies (GA) at the World Intellectual Property Organization (WIPO). The GA is an annual event that gathers WIPO’s 193 member states to provide updates on their individual progress and together build cooperation toward future policy directions.

Like all other member states, the Philippines is expressing strong optimism to advancing progress in three key matters that can positively impact the global reach of our innovative and creative local talents.

Our optimistic outlook is taking off from the landmark adoption of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge last May. After 25 years of painstaking negotiations, the international community has moved forward in strengthening and updating the IP system to be more responsive to current needs and be more inclusive in serving underrepresented communities.

Today, we hope to take steps to achieve yet another historic development in accelerating progress in three key matters that have also been a point of contention since time immemorial: a Treaty for the Protection of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs); the Design Law Treaty (DLT); and the Protection of Broadcasting Organizations.

Traditional Knowledge and Traditional Cultural Expressions hold immense cultural and economic value to the communities which have made them and which continue to nurture them after several generations. They represent the heritage and identity of communities worldwide. However, the protection of these elements has long been a challenge, with many instances of misappropriation and inadequate legal safeguards. This has left communities deprived of their economic rights over their TK and TCEs and pushed to the side, feeling undignified by the violation of their culture.

The Treaty on TK and TCE is envisioned to address these issues by establishing clear guidelines for protection that are enforceable at an international level, paving the way for a fairer and more balanced approach to protecting the cultural heritage of all nations.

Aside from protecting tradition, the Philippines is also eagerly anticipating the upcoming Diplomatic Conference on the DLT.

The DLT aims to streamline and harmonize the requirements for obtaining industrial design protection at the national level, reducing requirement disparities across countries to the convenience of filers.

Streamlining procedures is particularly important for local designers who aspire to protect and promote their work on a global scale. By simplifying the process, the treaty will open up new windows of opportunity for designers, enabling them to penetrate international markets with greater ease and confidence.

The Philippines views this as a crucial advantage for its creative industry, especially at a time when IDs are gaining ground in the local scene. In 2023, industrial design applications grew by almost a fifth year on year, bolstered by resident filings which grew 49 percent from 2022 filings.

The Treaty on TK and TCE is envisioned to address these issues by establishing clear guidelines for protection that are enforceable at an international level.

Another longstanding issue we hope to move the needle on is the Protection of Broadcasting Organizations.

The protection of broadcasting organizations is essential in the digital age, where content is widely disseminated and easily accessed. Ensuring that broadcasters have adequate legal protections is crucial for maintaining the integrity of their work and the sustainability of the broadcasting industry.

The Philippines is committed to contributing to these discussions and finding solutions that weigh in the interests of all stakeholders involved.

By closing existing gaps and streamlining processes, these treaties will provide stronger protection for cultural heritage and industrial designs, benefiting creators and communities worldwide.

So far, 2024, has proven to be an eventful and productive time for the international intellectual property community. The Philippines hopes to maintain this momentum and achieve decisive progress on policies and treaties that will be pivotal in building a more inclusive and effective global IP system.

In this year’s WIPO GA, I am certain that many WIPO member states share the same ambition. We share the same view that we must continue and even intensify engagement, cooperation and ambition. We know the urgent need to protect the diverse and valuable intellectual property assets that shape our identity as a nation. We are also determined to see these efforts through while ensuring that the voice of our local artists, creators and MSMEs are well represented through us, IP offices, in such critical international dialogues.