In 2005, a diplomatic ruckus happened when Mexican mango exporters named oneof their more famous varieties from Veracruz “Manila,” both to recognize the origin of the fruit (Manila over 200 years ago, when in 1779 the thriving galleon trade between Spain and the Philippines allowed for the seedlings of the Manila mango to reach Acapulco), and to get a bigger portion of the market, particularly in the US, where other Mexican products already use the name Manila as it’s easier to pronounce than their real Mexica names of their origins (e.g. Honey Manila is the name of the mango variety from Ataulfo, which Americans find hard to pronounce).

But while the use of the Manila name will supposedly not pose a threat to the Philippines, since it only represents less than 1% of the total mango exports of Mexico, the world’s largest mango exporter, that shipped over $130 million worth of mangoes in 2004 alone, the Philippines was not happy since the type of patent Mexico applied for may restrict the use of the name Manila to mangoes grown in Mexico.

As Atty. Adrian S. Cristobal Jr., diippines), said hen: "Mexico acknowledges that their Manila mango variety came from the Philippines. By using the name Manila mango, the public can be misled as to the true origin of the fruit. ... This is essentially unfair competition."

If there is one thing to be learned from the experience, however, it’s the same lesson taught by the registration of the Japanese of a patent for nata de coco, what once was an indigenous Philippine coconut product: Protecting intellectual property rights is important not just for scientists, but for businesses.

 I.P. IN A FEW WORDS

Intellectual property (IP) is the term used to describe the “ideas, inventions, technologies, artworks, music, and literature that are intangible when first created, but become valuable in tangible form as products,” according to Kamil Idris in Intellectual Property: A Power Tool for Economic Growth, as quoted by Cristobal, who adds that “like tangible assets, IP requires protection from theft or any un authorized use.”

The distinct types of IP, namely patents, de- signs, trademarks, and copyrights, are derived from creativity and innovation, and the IPO Philippines is tasked to protect and uphold the owners’
rights to his/her IP.

It is unfortunate that “the Filipino public still lacks the knowledge to fully understand and appreciate IP. Many Filipinos are deceived into giving their inventions for pittance, and on numerous occasions, even for free, thus, preventing them to earn from their creations. We have yet to cultivate a culture that appreciates, values, and protects IPs,” Cristobal says.

Even more worrisome, adds Cristobal, is that “entrepreneurs are unmindful of the value of registering their IPs, and even powerful CEOs don’t understand the wealth they lose for neglecting their IPs.” IPO Philippines’ records show that about 97% of patents applied for and granted belong to foreign applicants, and only about 3% are by Filipinos. Of the 97 industrial design applications from the furniture industry or 8% of total applications, for example, 60 (62%) were filed by foreigners, and only a handful of Filipino designers sought protection and exclusive commercial rights for 37 designs (38% of the total recorded applications in IPO Philippines).

 In fact, from 1948 up to 2006, only 21 patents were granted to universities and RDIs; patent applications from universities and RDIs show a dismal 43 applications from the period 1995 to 2005.

For patent, utility model or industrial registrations, fees start from just over P1,800; and for trademark, fees start from just over P1,000 (See Tables 1 and 2). 
 

“The primary advantage of registering intellectual property assets is protection. During the period of protection, an owner or his assignee has the exclusive rights over his IP assets. This means nobody may use a registered IP asset without the consent of the owner; or if somebody already used it, he is liable to pay the person who owns the registered IP asset,” Cristobal says.

A copyright, for instance, offers protection covering the lifetime of the author and 50 years after his death. A trademark, on the other hand, extends 10 years of protection to the trademark owner and is renewable afterwards. Patents, meanwhile, protect the owners for 20 years.

“This exclusivity encourages creators to further develop and invent. They understand that registering their IPs gives them the rights to enforce them. Not only will IP owners have legal remedies against copiers or illegal users, but they can also profit by allowing other people here or abroad to use their design or creation under a licensing agreement. Moreover, this temporary exclusivity provides the much needed incentive for creators and designers to continue creating new and original says. “There are no disadvantages in registering your IPs.” and economy of wealth and jobs,” Cristobal says.

Classic examples are IBM, which earns an estimated $1 billion annually from its IP; and Hewlett-Packard, which earns about $200 million a year from its technology licensing division.

“Three-fourths of the value of publicly listed companies in the US are from says. “There are no disadvantages in registering your IPs.”

EDUCATING THE PEOPLE

The biggest challenge that IPO Philippines continues to encounter is “lack of awareness of IP in general.” “The dearth of information about IP, however, is not exclusive to the public. More disturbing, actually, is the lack of knowledge and awareness about IP among the immediate beneficiaries of the IP system – the creators of IP. Too often have writers composers been duped into forfeiting their copyright.

Entrepreneurs, unmindful of the value of registering their trade or service, are caught flatfooted by copycats. Even powerful CEOs of large manufacturing companies, employing thousands of workers, don’t realize the wealth being created under their noses by innovative Filipino engineers. But, perhaps the most damaging effect of the ignorance of IP, takes place in society’s center of IP creation and innovation – the universities and research institutions, so that breakthrough research and innovation in our universities and research institutions often find their way to other countries through generous foreign university-industry sponsored grants or outright ‘pirating’ of these brilliant minds by foreign universities and multinational corporations; hence, depriving our society and economy of wealth and jobs,” Cristobal says.

Already, IPO Philippines has “intensified our awareness and education campaigns to penetrate a wider range of IP creators and users.”

“One thing we cannot allow is the theft of our most precious resource – the genius of our people. Only by protecting and promoting the creativity and innovativeness of our people, can we secure the future of our country,” Cristobal ends.