On 12 May 2022, the Intellectual Property Office of the Philippines ("IPOPHL") announced that the Bureau of Trademarks has drafted the Implementing Rules and Regulations ("IRR") on Geographical Indications ("GI"). The draft IRR aims to strengthen the protection of GI and GI products and fulfill the obligations of the Philippines as a member of the World Trade Organization by providing rights and protection to GIs of other member countries.
The draft IRR defines GIs 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 draft IRR also provides for:
a. the right to prevent others the use of GI products in the following instances:
- misleading the public as to the geographical origin of the goods;
- falsely representing to the public that the goods originate in another territory;
- for wines or spirits – using in translation or accompanied by expressions such as "kind", "type", "style", "imitation", "method", "as produced in" or other similar qualifying terms, if such use would be misleading to the public;
- for agricultural products, foodstuff and any product of handicraft or industry – using in translation or accompanied by expressions such as "kind", "type", "style", "imitation", "method", "as produced in" or other similar qualifying terms, if such use would be misleading to the public;
- constituting an act of unfair competition as defined by the Paris Convention; and
- any other use similar or analogous to the above.
b. The requirements and registration process; and
c. The grounds to revoke a registration which includes the following:
- the conditions for protection have not been fulfilled;
- there has been a change in the geographical origin of the goods including the natural and human factor;
- a court or tribunal rules that the identified producer has no effective control over the use of the GI, standards of production of the goods and other product specifications;
- the registration of the GI was obtained through false statements and documents during the course of the application; and
- the registered or protected GI has been proven to be generic for, or a common or customary name of the goods covered in the Philippines.
According to IPOPHL, the protection granted to a GI will remain valid until the registration is cancelled.
