Crisabel M. Tiongson

INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES A RESEARCH PAPER PRESENTED TO MR.NESTOR PALABYAB OF COLLEGE OF INTERNATIONAL RELATIONS OF LYCEUM OF THE PHILIPPINES UNIVERSITY SUBMITTED BY: GROUP 4 DULAY, KHIM TIONGSON, CRISABEL UY, DIANNA GRACE CHAPTER 1 INTRODUCTION As globalization continues to emerge in the international arena the exchange of goods and services has been on the peak of demand. Trading system around globe is monitored by agencies of state’s government that has the ability and responsibility of protecting goods as well as protecting the legality of the artist for its intellectual rights over the product. Intellectual Property Right is a vital element of each artist honor and recognition for the copyright, trademark, patents, designs, and utility model for the workings of the artist. The Philippines is advancing with numerous strategies that will further increase the security to import and export products with the guarantee of proper surveillance for the protection of the goods and its intellectual rights. MANDATES By 2020 Intellectual Property Office Of the Philippines aims to have a clarity in demonstrating securities. To further develop with an oriented procedures, and democratized IP System. The mission of IPOPHIL is to always be a knowledge-driven government organization that works towards economic, technological, and socio-cultural development by communicating, enabling, and ensuring the effective use of the Intellectual Property System in all levels of society for the creation, protection, utilization, and enforcement of Intellectual Property. OBJECTIVES OF THE STUDY The focal purpose of this research is to know what strategies or schemes are utilized by The Intellectual Property Rights Office Of The Philippines to further facilitate the trading system of goods and services, the efficiency of the laws, treaties, and regulations. The procedures in securing the legal rights of the artist over his or her works, so that we can better understand each IPOPHIL services and will have better knowledge on to how can a protection of property rights is a significant issue in the international system. 1. To discover the strategies used or applied by IPOPHIL to further secure the property rights of an artist. 2. To distinguish how can IPOPHIL create innovative strategies to international businesses when it comes to the Global competitors 3. To know how efficient the laws, treaties and regulation of the IPOPHIL in securing of the artist’s works. If so, why there are still piracy of works spreading in the global market. 4. When it comes to import and export procedure, To uncover how does IPOPHIL manages to monitor the copyright of a song posted online. 5. To if a company can be liable in trademark copying if it has a little similarities to other firm. 6. To identify the procedures of how IPOPHIL supports innovation through the protection of patents and models. 7. To discover how IPOPHIL develops improvement of regulations and strategies in IP Laws in comparison with other countries. 8. To know how does IPOPHIL combat IP infringements and corruption to further develop businesses. IMPORT AND EXPORT PROCEDURES Each services of the Intellectual Property Rights Office Of The Philippines has laws, treaties and regulations when it comes to facilitating the trading system of goods and services that covers the IP rights of the artist. It has the fees when it comes to the usage and copying of the works. Also, it limits onto how many years should the products can be used by the buyer. Registration is also a requirements when it comes to the usage of the work. There are various procedures for each services that indeed should be followed by the buyers if she or he would proceed to copy or use a work of an artist which will be discussed in every services below. ALL ABOUT COPYRIGHTS “Copyright” is the legal protection extended to the owner of the rights in an original work. “Original work” pertains to every making in the literary, scientific and artistic domain. Among the literary and artistic works listed in the IP Code includes books and other writings, musical works, films, paintings and other works, and computer programs. Works are protected by the sole fact of their creation irrespective of their mode or form of expression, as well as their content, quality and purpose. Thus, it does not matter if, in the eyes of some critics, a certain work has little artistic value. So long as it has been independently created and has a minimum of creativity, the same enjoys copyright protection. COVERAGE OF COPYRIGHT PROTECTION According to the IP code Section 172 list down are the works covered by copyright protection from the moment of their creation, namely: 1. (a) Books, pamphlets, articles and other writings 2. (b) Periodicals and newspapers 3. (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form 4. (d) Letters 5. (e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows 6. (f) Musical compositions, with or without words 7. (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of art; models or designs for works of art 8. (h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art 9. (i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science 10. (j) Drawings or plastic works of a scientific or technical character 11. (k) Photographic works including works produced by a process analogous to photography; lantern slides 12. (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings 13. (m) Pictorial illustrations and advertisements 14. (n) Computer programs 15. (o) Other literary, scholarly, scientific and artistic works. COPYRIGHTS PROCEDURE The inventor of the work or the assignee may apply for a certificate of copyright registration and deposit. The applicant must be done on person must have an authorized representative. The accomplished registration and deposit form (RDF) must have a copy for each file. Procedures for Registration a.) Submission of RDF b.) Review of RDF c.) Payment of Fee d.) Reception of Documents e.) Encoding and Scanning f.) Transmittal to Intellectual Property Field Operations Unit (IPFOU) g.) Transmittal to Cashier Release of Certificate 1. Application should be accomplished in duplicate, typewritten and the affidavit at the back should be duly notarized and affixed with Fifteen Pesos (P15.00) documentary stamp. Another set of Fifteen Pesos (Php 15.00 ) worth of documentary stamps, should be stapled to the application form to be affixed by the office to the copyright certificate. 2. Application should be accompanied by two (2) copies of the work as deposit, Two Hundred Pesos (P200.00) as registration fee. If through mail, registration fee should be in postal money order addressed to the Director, The National Library. 3. If the work applied for registration is an original ornamental design (classification H), it should be accompanied by a technical description of the design. 4. If the work applied for registration is published work, two (2) printed copies with copyright notice printed in front or at the back of the title page if it is a book and on any clear space thereof if non-book material, shall accompany the application The copyright notice shall be in the form Philippine Copyright 20__(year of publication) by ____________(name of copyright owner.) No. 8 of the application should be filled up by stating the specific date when the work is finished and likewise No. 9 be filled up to indicate when the work is published. A “published work” for purposes of registration means that the work has been disseminated to the public prior to its registration with the Copyright Office. 5. If the work applied for registration is unpublished work, two (2) manuscript and/or xerox copies of the work without the copyright notice shall accompany the application. “Unpublished work” for purposes of registration means that the work has not been disseminated to the public at the time of registration. 6. If the applicant is non-resident foreigner, he/she should appoint a local authorized agent by a special power of attorney to complete the copyright application for and in his/her behalf. 7. If the claimant is not the author, a document supporting the claim such as a deed of assignment or a waiver of copyright ownership; 8. If the applicant is a proprietor or a corporation, a photocopy of the certificate of business name or SEC certificate (whichever is applicable) should be attached to the application. Contents of the Certificate: ● Title of the work ● Name of the applicant or copyright holder ● Name of the Author ● Class/es where the work belongs ● Date of creation ● Period of protection ● Facsimile signature of the Director General or any IPOPHL official duly authorized by the director ● Statement that the registration and deposit is made for the purpose of completing the records of the national library ● Statement that the registration and deposit is made for the purpose of completing the records of the national library ● Certified true copy of affidavit of ownership PATENTS A “Patent” is a grant provided by the government through the Intellectual Property Office of the Philippines or IPOPHIL. An exclusive right is given to goods, procedure or an enhancement of a product or process which is new, inventive and useful. The exclusive right given to the inventor provides the right to prohibit others from selling, utilizing and making the product throughout the life of the patent of his creation. A patent has a period of twenty (20) years of protection to provide an important commercial gain to the inventor. In reciprocation, the complete description of the invention must be shared by the inventor. Inventions that are patentable provide a technical solution to a difficulty in any area of human activity. Nevertheless, mathematical methods, theories, methods of treatment and artistic creations are considered inventions that are not patentable or Non-Patentable inventions. PATENTABLE INVENTIONS: • A Technical Solution to a Problem • In any field of human activity • It must be NEW • It must involve an INVENTIVE STEP • It must be INDUSTRIALLY APPLICABLE Statutory Classes of Invention: • A useful machine • A product or composition • A method or process, or • An improvement of any of the foregoing • Microorganism • Non-biological & microbiological process NON-PATENTABLE INVENTIONS: • Discovery • Scientific theory • Mathematical methods • Scheme, rule and method of • performing mental act • playing games • doing business • program for computer • Method for treatment – human or animal body by surgery or therapy & diagnostic method • Plant variety or animal breed or essentially biological processes for the production of plants and animals • Aesthetic creation • Contrary to public order or morality (Sec. 22, IP Code ) PATENTS PROCEDURE Before the application, the inventor is recommended to research on the patent to confirm that no one has been given or applied a patent before of an individual. In addition, the inventor should be familiar with how a patent specification appears like for it is necessary to write one on the invention. Requirements for filing a patent: 1. 2. Apply for a Grant of Patent Description of the Invention (Specification and Claim/s) The contents of specification must include the following: (a) Title of the Invention (b) Abstract of the Disclosure (c) Background of the Invention (d) Summary of the Invention (e) Brief Description of the Drawings (f) Detailed Description (g) Claim/s 3. Drawings necessary for the Invention (if any) 4. Filing Fee Filing Requirements include: 1. Complete request form (Triplicate Copies) 2. Specification or Description which includes: (a)The Title (b) A brief statement of its nature and purposes (c) Brief explanation of the drawings, if any (d) Complete and detailed enabling description (e) Distinct and explicit claim or claims which the applicant seeks to be protected f. Abstract of the invention 3. Drawings, if there are any. (Drawn on Bristol Board) The size is A4 = 29.7cm x 21cm. Imaginary margins 4. - Top: 5.5cm Left: 2.5cm Left: 2.5cm Bottom: 1.0 Right: 1.5cm Right: 1.5cm Filing Fees are inclusive of 1% Legal Research Fund (LRF). The demand for an early publication is Php 6,666.00. Small Entity: Asset P100M or Less Big Entity: Asset More than P100M Php 2,020.00 maximum of 5 claims Php 4,363.20 maximum of 5 claims Claims in excess of five (5) = P182.00/claim Claims in excess of five (5) = P363.60/claim TRADEMARKS A “trademark” is a tool used to distinguish products or services from the other. It is an essential marketing tool that allows the people to recognize goods and services. A trademark can be a word or a group of words, a mark, logo, symbol, or a combination of any of these. A trademark relates to both trademark and service mark, though the latter is used to distinguish marks only used for services. A trademark is an efficient tool that enables the people to know the quality of products and services. At the time when a trademark is acknowledged, the people will continuously patronize the goods and services. If a trademark is used correctly, it can turn into the most important asset of a business. Moreover, a trademark does not only make goods and services unique from the other, but also gives the owner an opportunity to collect income from the use of the mark by licensing its use by another or though franchising agreements. TRADEMARKS PROCEDURE A trademark can be protected in the Philippines through registration. This allows the owner of the trademark the exclusive right to make use of the mark and to restrain others from using similar marks on the same or related goods and services. The right to a trademark is given to first person who filed an application with the Intellectual Property Office of the Philippines. To avoid future problems with marks that are already registered or with earlier filing dates, it is recommended that before applying for registration, do a search in the database of trademarks to verify that there are no similar marks that would hinder the registration. The trademark protection issued by the IP Philippines only applies in the Philippines and is not extended outside its borders. If an owner wants the mark to be protected outside the Philippines, it is necessary to file applications in the countries where you want your mark registered. A mark should be able to differentiate goods or services from those of others and should also satisfy the requirements for the registrability of marks under Sec. 123.1 of the Intellectual Property Code. The mark will not be registered if it is: 1. Descriptive These are marks that explain the qualities of the goods or services. Examples are “DURABLE” for shoes (describes the quality), “A LITER” for cooking oil (quantity), and so is “KITCHEN” for cooking utensils (intended purpose). 2. Misleading Marks that are likely to trick or have the possibility to misinform the consumers about the real qualities of the goods or services like “BOLPENS” for pencils, “COLA” for alcoholic beverages, “BULAKAN” for sweets not originating from or produced in Bulacan. 3. Generic and customary to trade Generic marks are names of goods they seek to identify. For instance, “KAP KEYK” for cupcakes, ”CAFFE” for coffee and “MAKINAH” for machines. Marks and indications that have become general in daily language or usage cannot be registered. They no longer differentiate the goods and services for they are used frequently to refer to the goods and services. Example of this is “VCO” for virgin coconut oil, “DIAMOND PEEL” for services involving cosmetic procedure. 4. Contrary to Public Order or Morality Marks that are outside the status quo of principles and morality. An example is “PROTERRORISM” for clothing. 5. Consists of names, portraits of persons, maps, flags and other political symbols Marks that include names or portraits of living individuals may be rejected unless the individual provides a consent that is written. For instance, no one can use the picture of Manny Pacquiao as a trademark unless he is Mr. Pacquiao himself or he was duly authorized by Mr. Pacquiao. 6. Shape and Color Shapes must be unique from the common form of goods or containers of the goods, in order to be considered a trademark. One classic example is the COKE BOTTLE. Color alone is not accepted unless it is defined by a given form. 7. Marks that may cause confusion A mark cannot be registered if it is similar to a registered mark or a mark with earlier filing date for goods and services that are exactly the same or for goods and services that are related. Consumers should not confuse the mark with the marks of others. 8. Identical with, or confusingly similar to well known marks Marks that are identical with or similar to marks that are known internationally and in the Philippines will be rejected. Requirements for registration include: 1. A duly filled out trademark application form 2. Drawing of the mark 3. Fees of payment UTILITY MODELS A utility model system provides protection of so-called “minor inventions” through a system similar to the patent system. Recognizing that minor improvements of existing products, which does not fulfill the patentability requirements, may have an important role in a local innovation system, utility models protect such inventions through granting an exclusive right, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time. UTILITY MODELS PROCEDURE The application for registration of a Utility Model or Industrial Design (UM/ID) must be filed with the Bureau of Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving Section/ Counter of the Administrative, Financial and Human Resource Development Services Bureau (AFHRDSB) located at the ground floor of the IPO Building. A filling date is required for the application, requirements must include: (a) Properly filled-out Request form for a Registration of Utility Model (b) Name, address and signature of applicant(s); for non-resident applicant, the name and address of his/her/their resident agent, and; (c) Description of the Utility Model and one or more claims Formality Examination The date of filing is vital and crucial if there will be any dispute with another applicant under the same utility model. The first individual or party will be entitled to the registration of the model. Formality Examination Report/Search Report A report will be sent to the applicant after the application is identified and inspected if it has met the formal requirements. Applicant’s Action on the Formality Examination Report Within two (2) months from the mailing date of the formality examination report and the search report, the applicant may: (1) convert the utility model application to an application for an invention patent; or (2) withdraw the application; or (3) amend the application; or (4) request for a registrability report (5) not act in any way if the application meets all the requirements Publication Upon Registration of the Utility Model or Industrial Design The IPO Gazette shall publish the utility model registration in bibliographic and representative drawing form within six (6) months after the submission. DESIGNS An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles; from textile designs to leisure goods. To be protected under most national laws, an industrial design must be non-functional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected. DESIGNS PROCEDURE The application for registration of Industrial Design (UM/ID) is the same with the Utility Model, it must be filed with the Bureau of Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving Section/Counter of the Administrative, Financial and Human Resource Development Services Bureau (AFHRDSB) located at the ground floor of the IPO Building. A filling date is required for the application, requirements must include: (a) Properly filled-out Request form for a Registration of Utility Model (b) Name, address and signature of applicant(s); for non-resident applicant, the name and address of his/her/their resident agent, and; (c) Description of the Design Model and one or more claims Formality Examination The date of filing is vital and crucial if there will be any dispute with another applicant under the same design model. The first individual or party will be entitled to the registration of the model. Formality Examination Report/Search Report A report will be sent to the applicant after the application is identified and inspected if it has met the formal requirements. Applicant’s Action on the Formality Examination Report Within two (2) months from the mailing date of the formality examination report and the search report, the applicant may: (1) convert the utility model application to an application for an invention patent; or (2) withdraw the application; or (3) amend the application; or (4) request for a registrability report (5) not act in any way if the application meets all the requirements Publication Upon Registration of the Utility Model or Industrial Design The IPO Gazette shall publish the design model registration in bibliographic and representative drawing form within six (6) months after the submission. CHAPTER 2 REVIEW OF RELATED LITERATURE STRATEGIES OF THE PHILIPPINES In regulating a security monitoring is not enough in order to check how does the system work, there should be an effective program applied in the status quo . However a simple strategy wouldn’t just work out., Philippine government should create an innovative way to fast track how well a system is being done. And to know more onto what are the other methods that could be suggested to improve the regulation. Below are the innovative strategies implemented by the Philippines and the other plans of the government to further guarantee the security of a company or individual with their Intellectual Property Rights. According to IPOPHIL in one of their article they hope to lay out a systematic path to harness Filipino talent, skill and creativity as an engine for the country’s development through the launch of the National Intellectual Property Strategy (NIPS) Project. In light of the seeming correlation between the economic growth of powerhouses like Japan, China, Taiwan, and the Republic of Korea and their support of innovation, as seen through their patents and industrial design, the IPOPHL hopes to develop the NIPS that is aimed at stimulating a similar level of growth in the country. NIPS is envisioned to enhance the innovation agenda of the country through the appropriate use of intellectual property tools like patents, industrial designs, copyrights, trademarks, trade secrets; and services such as patent information searches to help researchers and scientists in the generation of new ideas that may be protectable by intellectual property towards having new products in the market. This wealth of information could be useful to relevant industries to make available, accessible, and affordable products in the market. (IPOPHIL, 2016) As stated by Bienvenido I Somera, Jr and Ma Sophia Editha C Cruz-Abrenica, both researcher in the International Financial Law review they indicated that In order to further its gains in the IP arena, the Intellectual Property Office of the Philippines (IPOPhl) has launched its National Intellectual Property Strategy (NIPS) which is described as a whole of-government effort to support creativity and innovation. (VILLARAZA & ANGANGCO, 2017) The NIPS will endeavour to involve IP rights stakeholders in the government, education and the private sector as well as innovators and scientists. In this way, it is hoped the NIPS can chart the course of IP development in the Philippines instead of having a disparate and uncoordinated approach. In laying out a systematic path towards IP growth and development, the IPOPhl will initially be holding consultative meetings with various stakeholders around the third to the last quarter of 2017. It will be finalised in the first quarter of 2018 and is planned to be submitted to the president for implementation in the second quarter of 2018. It is hoped that the NIPS will result in the development of an IP system that will allow researchers and innovators to generate marketable IP. This will encourage the appropriate use of IP rights, as occurs in the neighbouring countries of Japan, Korea, China and Taiwan, where great economic strides are evident based on IP development. (VILLARAZA & ANGANGCO, 2017) As reported by Helika Jugerson a researcher from Your IP Insider. He said that since the logistics and transportation industry in the Philippines is growing steadily due to strong economic growth in the country and gradual increase in domestic demand fueled by the rise of the country’s middle class and increase in remittances from workers abroad. Logistics companies’ branding strategies are highly important in an industry that is built on the ability to persuade customers that their valuable goods will be shipped smoothly and safely by the chosen logistics company. It could be very damaging to SME’s reputation if someone would use a similar or an identical brand to provide substandard services, as it could directly translate into loss of clients’ confidence in the original service provider. It is thus of utmost importance for EU SMEs operating in the logistics and transportation industry to protect their brand through trade mark registration when planning to do business in the Philippines. (JUGERSON, 2017) SMEs planning to enter the Philippines market should register their trade mark in the country well in advance before even starting their business there because the Philippines applies the first-to-file’ trade mark registration system, meaning that the first person to register a trade mark owns that mark, regardless of the first use. It is especially important to register trade marks in the Philippines because trade mark piracy due to ‘bad-faith’ registration is still a major problem. COMPARISON WITH OTHER COUNTRIES CANADA According to Navdeep Bains, Canada’s Minister of Innovation, Science and Economic Development On April 26, 2018, Unveiled the government’s long-awaited intellectual property (IP) strategy, which responds to the need to increase IP awareness, develop new IP tools for businesses and counter IP misuse that harms both consumers and businesses. Canadian government will undoubtedly continue to tinker with its IP legal framework — an ongoing review of copyright law seems certain to lead to some proposed amendments — the IP strategy moves in several new directions, including countering IP abuse, addressing IP administration and removing IP barriers to innovation The IP strategy is primarily focused on tools and awareness. (GEIST, 2018) UNITED STATES In accordance with the United States Patent and Trademark services they stated that the Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) released the- U.S. Joint Strategic Plan on Intellectual Property Enforcement, which offers a blueprint for coordinating resources and priorities to sustain a robust IP enforcement environment. The U.S. Patent and Trademark Office partnered with the IPEC and agencies throughout the federal government in crafting a plan that both highlights the cultural and economic importance of intellectual property incentives, and also ensures certainty in the marketplace through enforcement mechanisms to encourage creative growth and minimize misappropriation of innovation. USPTO is proud to play a role in promoting clear, consistent, high quality and enforceable IP rights to enable market growth. The office also provides critical international leadership in protecting IP overseas and navigating international IP laws. From copyrights and trade secrets protection, to the examination and registration of patents and trademarks, the USPTO will continue to foster a balanced IP playing field for U.S. businesses to compete in foreign markets and export abroad. The report recognizes how IP-intensive industries continue to be an integral part of a growing economy, and identifies critical and strategic actions to safeguard that innovation and combat illicit infringement activities. (USPTO, JAPAN As stated at Japan’s intellectual Property Rights website, Japan generally provides strong Intellectual Property Right protection and enforcement. Company doing business in Japan should have an intellectual property plan and register their intellectual property prior to entering the market. Registration of patents and trademarks is on first-in-time, first-in-right basis. Hence, applying for trademark and patent protection even before selling products or services, must be considered. (JAPANIPO, 2016) CHINA According to the latest figures from the World Intellectual Property Organization (WIPO) from 2015, China filed the most patents of any country worldwide. In 2017, Chinese companies registered more than 1.3 million patents, an increase of 14.2 percent year on year. Intellectual property (IP) is a longstanding, critical concern for companies operating in China. China has opened specialized IP courts and tribunals in Beijing, Shanghai and Guangzhou, training attorneys and judges in technical cases. These courts accepted 109,386 civil IP cases in 2015, up 6 per cent on the previous year and which included more than 11,000 patent cases.The continuous efforts of China in legal reforms and its anti-corruption strengthens the rule of law to solve infringement complaints for the businesses in their country. (THIRUCHELVAM, 2018) TAIWAN Taiwan is not a member of the World Intellectual Property Organization (WIPO), but adheres to key international agreements such as the Berne Convention and the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS). Taiwan’s legislature passed an amendment to the Pharmaceutical Affairs Act introducing a patent linkage system expected to enhance protection of innovative pharmaceuticals by preventing market approval of generic competitors to patent-protected medicines. The proposed amendment seeks to prevent intellectual property infringement while safeguarding the rights of copyright holders in the digital age, by imposing both criminal penalty and monetary fines up to NT$750,000 (US$24,800). The authorities are drafting new amendments to the Trade Secrets Act, last revised in 2013. Taiwan’s National Police Agency reported that the value of trademark and copyright seizures in 2017 totaled NT$8.4 billion (US$280 million), down from the NTD 14.5 billion (US$483 million) in 2016. (EXPORT.GOV, 2018) SOUTH KOREA The main IP laws of Korea include Patent Act, Utility Act, Trademark Act, Copyright Act that are all essential in protecting intellectual property. Recent revisions to the Korean Copyright Act (effective from 1st July 2003) provide liability limitations for providers of Internet service (ISP). Under the revised Korean Copyright Act, an ISP’s liability for copyright infringement may be exempted or mitigated where the ISP has successfully prevented or stopped the infringement after learning of the infringement, or the ISP could not prevent or stop the infringement due to technical impossibility after learning of the infringement. In South Korea you can register IP rights for trademarks, patents, designs, copyright and protection of new plant varieties. The Copyright Bureau oversees copyright, the Seed and Variety Services oversees plant variety protection and all other IP rights are overseen by the Korean Intellectual Property Office (KIPO.. An address for service in South Korea and a local agent or attorney is generally required when seeking IP registration. (CHOUNG, 2015) ISSUES The Intellectual Property Office of the Philippines lacks public awareness and understanding of intellectual property rights. The agency should provide an advertisement using the internet, posters or other sources which aims to provide IP education and awareness to a wider range. The incentives must also be improved to encourage inventors, artists, scientists and other gifted individuals to create innovations in goods and services. The researchers believe that giving the right incentives for innovation can motivate individuals to be more creative and develop more ideas. The researchers find that the enforcement of Intellectual Property Rights is weak because the issues of counterfeiting and piracy in markets and over the internet remain rampant in the country. It will be a great start to study again the environment and locate the factors that affect and sustain the problems. The agency must also improve its approach in addressing IP violations by coordinating effectively with enforcement agencies and by taking faster actions with the complaints filed. This will not only overcome the agency’s weakness but also reduce the possibilities of corruption among officials by means of bribery. In addition, the roles of government and the private sector are encouraged to be involved in creating instruments to bolster the enforcement and protection of Intellectual Property Rights to take advantage of the opportunities and counteract the threats towards success. RECOMMENDATION The following recommendations are offered for related research on how the Intellectual Property Rights Office of the Philippines can have further innovative changes with its system. Also, what are the improvements needed in order to create more systematic and productive import and export procedures that would be significant in future references. 1. The Intellectual Property Rights of the Philippines is a wide government agency that has an extensive offices which offers different services. We highly suggest that in different sectors there should be disparities of its own websites, in order for the masses to have a more clear knowledge with its different services. 2. Give each services besides on website, regional offices in order to easily locate its mandates and facilities for the clarification on how their import and export procedures works. 3. The researcher recommend to have a consolidated type of unity with the different services in protecting the Intellectual Property Rights of local and international artist coming in and out of the country. 4. In order for the IPOPHIL to have more clarity in who’s incharge of this agency, elucidate who manifest the different services in the IPOPHIL. Eg: who works on the Copyright procedure, who does the security checking on patents and trademark. Eradicate who is the person or persons behind the system of the various services. 5. The researcher highly urge the IPOPHIL to determine who are the potential international companies or countries to partner with. In order for the Philippines to further conduct trade negotiations to develop strong security system that compete in the international business market 6. The researcher suggest to have the strategy called “Social Media World: Your SECURITY my PRIORITY” Since globalization has been rising each and everyday, exchange of goods and services is also present in different social media platforms. Extensive emphasis when it comes to security and assurance of the Intellectual Rights of each artits, company, or individuals. The IPOPHIL is very well needed. This strategy will work like a 24/7 monitoring system on different social media platforms. Every individual who wish to just view, even if they don’t intend to copy a work of an artist is mandated to sign up its personal information before viewing that particular work. This will serve as a database on who views and who will try to pirate the work of the artist. 7. An establishment of specialized IP Courts that handles various IP disputes. Intellectual Property Tribunal (IPT) is recommended to be established to handle IP legalities. The IPT would be an administrative tribunal operating within the Intellectual Property Office of the Philippines (IPOPHIL). Only the IPT may decide issues of validity concerning patents, utility models, trademarks and designs. 8. IP infringement is not considered a major crime in the Philippines and takes a lower priority in court proceedings. Despite successful prosecutions of IP cases in Courts, enforcement actions have been weak. Penalties should be severe to avoid IP crimes so the population would be aware of the precautions and would avoid violation of IP laws. CONCLUSION In conclusion, the researchers find the Intellectual Property Office of the Philippines to be an efficient and effective agency with some improvements regarding on their strategies in import and export procedures. It functions according to its mandates which aims to promote and protect the intellectual property. The agency is able to create an intellectual property friendly environment that provides the right incentives for Filipino innovations. The procedures used are also in accordance with the laws and regulations of the country. Enforcement is also effective for it encourages the roles of the government and the private sector to battle illegal duplication of the works of artists. Despite the best efforts of the government to fight Intellectual Property related issues such as counterfeiting and piracy to name a few, it is difficult to end piracies that is why the researchers provide recommendations to counterpart the issues. REFERENCES Buendevinido Somera, Jr. Ma Sophia Editha . (2017, October 30). Philippine Naional Intellectual Property Strategy . Retrieved from Financial Law Review: http://www.iflr.com/Article/-/ Philippines-National-Intellectual-Property-Strategy.html Business Info UK. (2016, NA NA). NiBusiness Info.co.UK. Retrieved from https:// www.nibusinessinfo.co.uk: https://www.nibusinessinfo.co.uk/content/intellectual-property-rightssystems-usa Geist, M. (2018, July 3). Centre for International Governance Innovation . Retrieved from www.cigionline.org: https://www.cigionline.org/articles/unpacking-canadas-intellectual-propertys t r a t e g y ? gclid=Cj0KCQjw9ZDeBRD9ARIsAMbAmoanwQHWvUtzgt3ELyUtlL51_VU7iIv4Hq73pTfij4AOjEat0 _gubEcaAgd1EALw_wcB IPOPHIL. 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