Earlier in May, the Intellectual Property Office of the Philippines (IPOPHL) has drafted the implementing rules and regulations on Geographical Indications, a new independent sui generis law. At the moment GIs are protected in the Philippines under the Trademarks section of the Intellectual Property Code of 1997.
According to the IPOHL website , under the draft law, registered GIs will be protected against any use that would:
a. mislead the public as to the geographical origin of the goods;
b. falsely represent to the public that the goods originate in another territory;
c. for wines or spirits: correspond to a translation or accompanied by expressions such as “kind,” “type,” “style,” “imitation,” “method,” “as produced in” or other similar qualifying terms;
d. for agricultural products, foodstuff and any product of handicraft or industry, 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;
e. constitute an act of unfair competition as defined by the Paris Convention; and
f. any other use similar or analogous to the above.
“Guimaras Mangoes” and “Tau Sebu T’nalak” are GIs currently registered in the Philippines as collective marks, as you can see from the oriGIn Worldwide GIs compilation.
Other potential national GIs are: Bicol Pili, Davao Pomelo, Cordillera Heirloom Rice, Camiguin Lanzones, Davao Cacao, Kalinga Coffee, Antique’s Bagtason Loom, Aurora’s Sabutan Weave, Samar’s Basey Banig, Basilan and Zamboanga’s Yakan cloth, Masbate beef and Baguio Strawberry.
