After many years of deliberation, applications for Geographical Indications (GIs) are now being accepted by the Intellectual Property Office of the Philippines (IPOPHL).
This follows regulations that were issued in October 2022 which established Philippines’ first GI registration system.[1]
Based on the new rules issued by the IPOPHL, a GI in the Philippines is defined as:
“… any indication which identifies a good as originating in a territory, region or locality, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin and/or human factors.”
The protection afforded as a GI will be acquired through registration. The term of a GI is indefinite and need not be renewed. However, a GI registration can be revoked based on specific grounds indicated in the rules.
While the IPOPHL has yet to publish officially more information regarding the examination process, the Director of Trade Marks has confirmed that GI applications can now be filed and an ad hoc division to examine GI applications has been appointed. Based on our inquiries, “Guimaras Mangoes”, from the province of Guimaras, will be the first GI to be registered in the Philippines.
Non-Filipino applicants that are organized or are domiciled in a country which is a party to TRIPS or to other international agreements concerning GI protection, to which the Philippines is also a party can now register their GIs in the Philippines. The applicants must be producers, organization or association directly involved in the extraction, production or manufacture of the goods covered by the GI or engaged in the trade thereof, or government agency having area of responsibility covering the GI or organizations or associations which are specifically entrusted with the task of regulating and/or protecting GIs.
For further information, please contact:
Claire Corral, Partner, Rouse
ccorral@rouse.com
[1] The article published by the IPOPHL on the draft IRR can be accessed here: https://www.ipophil.gov.ph/news/ipophl-drafts-initial-rules-on-geographical-indications/#:~:text=GIs%20in%20the%20Philippines%20are,are%20identified%20as%20potential%20GIs.
