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PHILIPPINES INTELLECTUAL PROPERTY RIGHTS UNDERSTANDING UNDERSTANDING BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA REGARDING THE PROTECTION AND ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS REPUBLIC
OF THE PHILIPPINES
KAGAWARAN
NG KALAKALAN AT INDUSTRIYA
(Department
of Trace Industry)
Trade
and Industry Building
361
(Buencia) Sen. Gil J. Puyat Avenue
Makati
Metro Manlia. Philippines 3117
Cable
Address MTI TeL No. 818-57-05 to 35
Telax
14830 MTI PS P.O. Box 2303. Makati Commercia
45466 MOT
PS
45467 MOT
PS
April 6,
1993
The
Honorable Michael Kantor
U.S. Trade
Representative
Dear
Ambassador Kantor:
I have
the honor to refer to the consultations between representatives of the
Government of the Republic of the Philippines and the Government of the
United States of America in Manila on February 11-12, 1992, Bangkok on
August 5, 1992, in Manila on November 23-25, 1992, and in Washington on
December 4-5, 1992, and- March 2-3, 1993 regarding the protection and
enforcement of intellectual property rights in the Philippines. These
consultations were useful in clarifying aspects of the Philippine law
and practice with respect to this issue.
Recognizing that strong protection for intellectual property advances
the national interests of promoting creative and innovative activity in
their territories as well as improved conditions for investment, trade
and technological development, both of our governments will provide
adequate and effective protection of intellectual property. In the
interest thereof ore of attracting more foreign investments and
accelerating technological development, the Philippine Government takes
this opportunity to confirm the steps it has already taken to protect
intellectual property rights and additional measures it will take to
improve protection and enforcement of these rights as set forth below:
I.
Copyright and Neighboring Rights Protection:
A. The
Philippine Government has already implemented a resolution concerning
textbook reprinting which narrows the parameters for the compulsory
licensing of textbooks by raising the threshold price and limiting
coverage of the Presidential Decree (PD) 1203. The resolution also
provides a more realistic timetable for negotiating reprinting rights
with the publishers.
B. The
Philippine Government will also take the following steps:
1. Start
the process of accession to the substantive provisions of the Paris Act
of the Berne Convention for the Protection of Literary and Artistic
Works (Berne Convention, 1971). In this regard, the Executive Branch of
the Government will secure approval for accession by December 1993 and
will exert best efforts to have the ratification by the Senate in
December 1994.
2. Submit
amendments to its copyright law and relevant PDs, regulations, rules and
other measures which will bring these Provisions into conf ormity with
the Paris Act of the Berne Convention, 1971, including the provisions of
the Appendix of that Convention. The amendments shall include:
(i)
Protection for phonograms (sound recordings) at a level commensurate
with other copyrighted works, including, a term of at least 50 years
from the date of first fixation or publication.
(ii)
Exclusive rights for producers of sound recordings and their successors
in interest to authorize or prohibit the rental, to the public, for
purposes of direct or indirect commercial advantage, of the original or
copies of protected sound recordings.
(iii)
Freedom from imposition of formalities on works including sound
recordings such as registration and deposit requirements.
(iv) An
express statement that any limitations upon and exceptions to exclusive
rights are limited to certain special cases which do not conflict with a
normal exploitation of the work and do not unreasonably prejudice the
legitimate interests of a right holder. This provision shall apply to
the provisions of Section 10 of PD 49 regarding the exemptions for
private use of copyrighted materials.
(v) An
exclusive right for authors of computer programs and their successors in
interest to authorize or prohibit the rental to the public, for purposes
of direct or indirect commercial advantage, or originals or copies of
their works.
(vi) An
express statement that computer programs are protected as literary
works.
II. With
respect to trademarks, the Philippine Government confirms its commitment
to provide adequate and effective protection for owners of trademarks.
To this end, the Philippine Government will:
A. Submit
amendments to its trademark law to:
1.
Provide protection for internationally well-known marks in line with the
Ongpin Memorandum, relevant jurisprudence and the provisions of Article
6 bis of the Paris Convention and Article 16 of the December 20, 1991
draft text on TRIPS. An internationally well-known mark shall not be
denied protection because of lack of use or registration in the
Philippines.
2.
Eliminate the requirement that there be an actual sale of goods with an
authorized mark as a precondition to prosecute infringement of
trademarks.
B.
Through the Director of the Bureau of Patents, Trademarks, and
Technology Transfer (BPTTT) issue policy memorandum to:
1.
Clarify that the recently adopted amendment to Rule 41 which grants
national treatment to foreign applicants whose country of origin is a
member country of the Paris Convention for the Protection of Industrial
Property, would have the effect of doing away with the requirement that
the foreign applicant shall submit proof of reciprocity.
2.
Specify that justified non-use of a registered mark under Rule 141
relating to the special circumstances that justify non-use shall be
reasonably determined on a case-by-case basis and shall be interpreted
to mean that such special circumstances shall not be limited only to
prohibition of sale by government regulation but other similar
circumstances as well, including government restrictions on use or
importation.
III. On
Patents:
A. The
Philippine Government, in considering what amendments will be made on
its current patent laws, will not alter the requirements of
patentability already embodied in its existing law, i.e., that patents
shall be available for any inventions, whether for products or
processes, in all fields of technology, provided that they are new,
useful and unobvious, and ensure that any exclusions from patentability
conform to the limits provided in the December 20, 1991 draft text on
TRIPS. It will submit an amendment to its patent law in line with the
provision of Article 31 of the TRIPS. It will also submit an amendment
to indicate that importation of a patented product or the product of a
patented process will be treated as "working" a patented
invention.
B. Both
Governments recognize their respective rights to take measures to remedy
an adjudicated anticompetitive practice.
IV. The
Philippine Government confirms its commitment to ensure the effective
enforcement
of intellectual property rights. To this end, it has taken, or will
take, the f following steps:
A. An
Inter-Agency Oversight Committee an Intellectual Property Rights has
been established under EO 60 of 26 February 1993 which will be the
recommending, coordinating, enforcement oversight and program
implementation body for intellectual property rights. This Committee
will meet on a regular basis and will issue its operating instructions
by August 31, 1993.
B. In
drafting the guidelines, the Committee will include information on the
evidence that right owners must submit to initiate administrative action
against infringers and procedures for hearing officers to follow to
determine whether an infringement has occurred. These guidelines will
also include instructions on the levels of penalties to be imposed on
infringers, including under what conditions business licenses of
infringers should be revoked.
C. To
address the situation of cable TV system operators that infringe
copyright through unauthorized retransmission of copyrighted works:
1. The
Videogram Regulatory Board (VRB) , National Telecommunications
Commission (NTC) , and Movie Television Review and Classification Board
(MTRCB) will work to have a coordinated program through a Memorandum of
Agreement to ensure that copyright protection will be enforced with
respect to retransmission of copyrighted works.
2. P.
D. 1987 "An Act creating the Videogram Regulatory Board":
prohibits the unauthorized retransmission of copyrighted works on cable
TV system. Cable TV operators must first register with VRB in accordance
with Sec. 6 of P.D. 1987 and must show proof of ownership of rights over
films to be shown on his cable TV system before said films are
broadcasted in accordance with VRB Memo Circular No. 12-87 dated 02
December 1987.
3.
Violation of these provisions of law will subject the violator to
administrative penalties of fines ranging from P6,000 - Pl00,000
revocation of license, closure of the cable TV system and/or criminal
prosecution leading to imprisonment ranging from 3 months and 1 day to
one year imprisonment plus a fine of not less than P50,000 to P100,000.
4.
Enforcement of these provisions is done through regular inspection by
VRB enforcement agents leading to administrative prosecution of
offenders or through search and seizure operation or raid by VRB agents
leading to criminal prosecution of the offender.
5. VRB
welcomes and acts on complaints on the unauthorized retransmission of
copyrighted works on cable TV screen.
6. Under
the Philippine Government structure, the National Tele-communication
Commission (NTC) under the Department of Transportation and
Communication (DOTC) has authority to license the operation of cable and
satellite TV's. Under Art. 10 of Department Circular No. 93, however,
the DOTC has adopted the following policy:
"Authorized
owners and operators of satellite television shall comply with
intellectual property rights and other applicable laws. It is also the
policy of the government to respect the legal rights of owners,
producers, and authorized distributors of such programs."
Moreover,
DOTC will require cable TV's companies to present proof of transmission
rights or authority to redistribute from the copyright owner as a
condition to use any material in their retransmissions. The NTC will
coordinate with the VRB to ensure compliance with intellectual property
rights and other applicable laws.
D. To
ensure the effective prosecution of infringement crimes, Department of
Justice Memorandum Order No. 235 was issued 25 August 1992 creating the
Special Task Force on Piracy and Counterfeiting covering the key cities
in 10 regions. Parallel to the creation of the Task Force, training of
prosecutors handling infringement cases has been conducted and expanded.
In addition, the Department of Justice shall issue instructions to
prosecutors which shall direct prosecutors to:
1.
Commence criminal investigations upon being presented with evidence of
criminal copyright or trademark infringement and when the investigation
confirms evidence of infringement, seek criminal indictments within 60
days.
2 . Seek
sentences sufficient deter further infringements including jail
sentences and the maximum fines permitted in criminal infringement
cases.
E. The
Philippine Government will also strengthen the enforcement effort by
submitting amendments to each of the relevant laws increasing the
available penalties in criminal infringement cases to levels sufficient
to deprive infringers of the benefit of their illegal activity and to
deter further infringement. The maximum period of imprisonment will be
increased from a period of six months one year to a maximum of at least
three years. The minimum level of fines will be established to reflect
the seriousness of the infringement.
V.
Recognizing that prevention of the importation of infringing goods has
an important on the reputation of the Philippines with respect to the
protection and enforcement of intellectual property rights, the
Philippine Government will act to prevent the importation of such goods.
A. To
meet this commitment, the Bureau of Customs will issue guidelines, by
August 31, 1993, for the implementation of its authority under Section
30 of P.D. 49 (Copyright law) and Section 35 of RA 166 (Trademarks law).
1. These
guidelines shall establish detailed procedures that, among other things,
will enable Customs to make initial determinations of infringement of
copyright and trademarks, and will also permit copyright and trademark
owners or their authorized representatives to notify Customs of
suspected infringing shipments. In establishing these guidelines, the
Bureau of Customs will take into account current international practices
on border enforcement, including practices of the United States. The
Customs guidelines will also be consistent with the provisions of
Section 4 of the December 20, 1991 draft text of the TRIPs agreement in
defining the powers of Customs authorities, the rights of the copyright
or trademark owner and the rights of owners, importers, or consignees of
goods that are subject to interdictions for infringement of copyright
and trademarks.
2. It is
the Philippine Government's understanding that the U.S. authorities will
provide, to the extent possible, necessary technical assistance and
training for the implementation of subparagraph 1 above. In addition,
copyright and trademark owners or their duly authorized representatives
shall provide necessary assistance in the actual determination of
infringing materials.
B. The
VRB and Customs will establish a system for the monitoring of imports
and seizure and destruction of infringing recorded materials in imports
of all forms of videograms.
VI. With
respect to the taxation of foreign trademarked cigarettes, the
Philippine Government resolves to eliminate discriminatory tax treatment
pursuant to its obligations under the General Agreement on Tariffs and
Trade (GATT).
VII. The
Philippine Government will continue to support efforts to establish a
multilateral framework of standards, principles, regulations, measures
and enforcement of intellectual property rights along the lines of the
December 20, 1991 draft text on TRIPs.
VIII. The
Philippine Government will make the necessary executive/administrative
issuances covered by this note no later than August 31, 1993. Further,
it will submit the necessary legislation to implement the undertakings
requiring new legislation during the next session of the present
Congress and will exert best efforts to seek expeditious passage of
these legislation by December 1994.
IX. Both
Governments recognize that the private sector must play an active role
in creating conditions for effective intellectual property rights
protection that will be mutually beneficial to providers and users of
these rights. To this end:
A. The
US. private sector, including trade associations, will be encouraged to
establish a market presence in the Philippines so as to make available
to the public the products of their innovation and creativity. The
Philippine Government will facilitate such market presence.
B. The
Philippine Government will coordinate with the private sector, including
trade associations, to develop more effective procedures for deterring
infringements and prosecuting
infringement
cases, providing assistance where necessary, such as technical advice
and training on enforcement, and participating in administrative or
judicial action in cases of infringement.
X. It is
my Government's understanding that consultations regarding any matter
related to the interpretation, implementation, or operation of this
Understanding, including shipments of infringing products to
third-country markets, will be held promptly at the request of either
Government under the existing bilateral consultation mechanisms provided
for in the Trade and Investment Framework Agreement signed between our
two government on November 9, 1989. Both Governments will also consult
on technological developments which have a substantive impact on
intellectual property rights.
In
consideration of these commitments by the Philippine Government and in
the expectation that these commitments will be fully implemented, the
US. Government will remove the Philippines from the "special 301"
priority watch list effective on or before April 30, 1993.
Please
confirm that this note and your note in reply constitute an
Understanding between our two Governments.
With
assurances of my highest consideration.
Very
truly yours,
Rizalino
S. Navarro
Secretary
THE
UNITED STATES TRADE REPRESENTATIVE
Executive
Office Of the President
Washington,
DC 20506
April 6,
1993
The
Honorable Rizalino S. Navarro
Secretary
Department
of Trade and Industry
Dear
Secretary Navarro:
I have the
honor to acknowledge receipt of your letter of April 6, 1993, concerning
the protection and enforcement of intellectual property rights in the
Republic of the Philippines. Your letter reads as follows:
"Dear
Ambassador Kantor:
I have
the honor to refer to the consultations between representatives of the
Government of the Republic of the Philippines and the Government of the
United States of America in Manila on February 11-12, 1992, Bangkok on
August 5, 1992, in Manila on November 23-25, 1992, and in Washington on
December 4-5, 1992, and March 2-3, 1993 regarding the protection and
enforcement of intellectual property rights in the Philippines. These
consultations were useful in clarifying aspects of the Philippine law
and practice with respect to this issue.
Recognizing that strong protection for intellectual property advances
the national interests of promoting creative and innovative activity in
their territories as well as improved conditions for investment, trade
and technological development, both of our governments will provide
adequate and effective protection of intellectual property. In the
interest therefore of attracting more foreign investments and
accelerating technological development, the Philippine Government takes
this opportunity to confirm the steps it has already taken to protect
intellectual property rights and additional measures it will take to
improve protection and enforcement of these rights as set forth below:
I.
Copyright and Neighboring Rights Protection:
A. The
Philippine Government has already implemented a resolution concerning
textbook reprinting which narrows the parameters for the compulsory
licensing of textbooks by raising the threshold price and limiting
coverage of the Presidential Decree (PD) 1203. The resolution also
provides a more realistic timetable for negotiating reprinting rights
with the publishers.
B. The
Philippine Government will also take the following
steps:
1. Start
the process of accession to the substantive provisions of the Paris Act
of the Berne Convention for the Protection of Literary and Artistic
Works (Berne Convention, 1971). In this regard, the Executive Branch of
the Government will secure approval for accession by December 1993 and
will exert best efforts to have the ratification by the Senate in
December 1994.
2. Submit
amendments to its copyright law and relevant PDs, regulations, rules and
other measures which will bring these provisions into conformity with
the Paris Act of the Berne Convention, 1971, including the provisions of
the Appendix of that Convention. The amendments shall include:
(i)
Protection for phonograms (sound recordings) at a level commensurate
with other copyrighted works, including, a term of at least 50 years
from the date of first fixation or publication.
(ii)
Exclusive rights for producers of sound recordings and their successors
interest to authorize or prohibit the rental, to the public, for purpose
of direct or indirect commercial advantage, of the original or copies of
protected sound recordings.
(iii)
Freedom from imposition of formalities on works including sound
recordings such as registration and deposit requirements.
(iv) An
express statement that any limitations upon and exceptions to exclusive
rights are limited to certain special cases which do not conf conflict
with a normal exploitation of the work and do not unreasonably prejudice
the legitimate interests of a right holder. This provision shall apply
to the provisions of Section 10 of PD 49 regarding the exemptions for
private use of copyrighted materials.
(v) An
exclusive right for authors of computer programs and their successors in
interest to authorize or prohibit the rental to the public, for purposes
of direct or indirect commercial advantage, or originals or copies of
their works.
(vi) An
express statement that computer program are protected as literary works.
II. With
respect to trademarks, the Philippine Government confirms its commitment
to provide adequate and effective protection for owners of trademarks.
To this end, the Philippine Government will:
A. Submit
amendments to its trademark law to:
1.
Provide protection for internationally well-known marks in line with the
Oncjpin Memorandum, relevant jurisprudence and the provisions of Article
6 bis of the Paris convention and Article 16 of the December 20, 1991
draft text on TRIPS. An internationally well-known mark shall not be
denied protection because of lack of use or registration in the
Philippines.
2.
Eliminate the requirement that there be an actual sale of goods with an
authorized mark as a precondition to prosecute infringement of
trademarks.
B. Through
the Director of the Bureau of Patents, Trademarks, and Technology
Transfer (BPTTT) issue policy memorandum to:
1.
Clarify that the recently adopted amendment to Rule 41 which grants
national treatment to foreign applicants whose Country of origin is a
member country, of the Paris Convention for the Protection of Industrial
Property, would have the effect of doing away with the requirement that
the foreign applicant shall submit proof of reciprocity.
2.
Specify that justified non-use of a registered mark under Rule 141
relating to the special circumstances that justify non-use shall be
reasonably determined on a case-by-case basis and shall be interpreted
to mean that such special circumstances shall not be limited only to
prohibition of sale by government regulation but other similar
circumstances as well, including government restrictions on use or
importation.
III. On
Patents:
A. The
Philippine Government, in considering what amendments will be made on
its current patent laws, will not alter the requirements of
patentability already embodied in its existing law, i.e., that patents
shall be available for any inventions, whether for products or
processes, in all fields of technology, provided that they are new,
useful and unobvious, and ensure that any exclusions from patentability
conform to the limits provided in the December 20, 1991 draft text on
TRIPS. It will submit an amendment to its patent law in line with the
provision of Article 31 of the TRIPS. It will also submit an amendment
to indicate that importation of a patented product or the product of a
patented process will be treated as "working" a patented
invention.
B. Both
Governments recognize their respective rights to take measures to remedy
an adjudicated anticompetitive practice.
IV. The
Philippine Government confirms its commitment to ensure the effective
enforcement of intellectual property rights. To this end, it has taken,
or will take, the following steps:
A. An
Inter-Agency Oversight Committee on Intellectual Property Rights has
been established under EO 60 of 26 February 1993 which will be the
recommending, coordinating, enforcement oversight and program
implementation body for intellectual property rights. This Committee
will meet on a regular basis and will issue its operating instructions
by August 31, 1993.
B. In
drafting the guidelines, the Committee will include information on the
evidence that right owners must submit to initiate administrative action
against infringers and procedures for hearing officers to follow to
determine whether an infringement has occurred. These guidelines will
also include instructions on the levels of penalties to be imposed on
infringers including under what conditions business licenses of
infringers should be revoked.
C. To
address the situation of cable TV system operators that infringe
copyright through unauthorized retransmission of copyrighted works:
1. The
videogram Regulatory Board (VRB), National Telecommunications Commission
(NTC) , and Movie Television Review and Classification Board (MTRCB)
will work to have a coordinated program through a Memorandum of
Agreement to ensure that copyright protection will be enforced with
respect to retransmission of copyrighted works.
2. P.D.
1987 "An Act creating the Videogram Regulatory Board"
:prohibits the unauthorized retransmission of copyrighted works on cable
TV system. Cable TV operators must first register with VRB in accordance
with Sec. 6 of P.D. 1987 and must show proof of ownership of rights over
films to be shown on his cable TV system before said films are
broadcasted in accordance with VRB Memo Circular No. 12-87 dated 02
December 1987.
3.
Violation of these provisions of law will subject the violator to
administrative penalties of fines ranging from P6,000 - P100,000,
revocation of license, closure of the cable tv system and/or criminal
prosecution leading to imprisonment ranging f ram 3 months and I day to
one year imprisonment plus a fine of not less than P50,000 to P100,000.
4.
Enforcement of these provisions is done through regular inspection by
VRB enforcement agents leading to administrative prosecution of
offenders or through search and seizure operation or raid by VRB agents
leading to criminal prosecution of the offender.
5. IMB
welcomes and acts an complaints the unauthorized retransmission of
copyrighted works on cable TV screen.
6. Under
the Philippine Government structure, the National Telecommunication
Commission (NTC) under the Department of Transportation and
Communication (DOTC) has authority to license the operation of cable and
satellite TV's. Under Art. 10 of Department Circular No. 93, however,
the DOTC has adopted the following policy:
"Authorized
owners and operators of satellite television shall comply with
intellectual property rights and other applicable laws. It is also the
policy of the government to respect the legal rights of owners,
producers, and authorized distributors of such programs."
Moreover,
DOTC will require cable TV's companies to present proof of transmission
rights or authority to redistribute from the copyright owner as a
condition to use any material in their retransmissions. The NTC will
coordinate with the VRB to ensure compliance with intellectual property
rights and other applicable laws.
D. To
ensure the effective prosecution of infringement crimes, Department of
Justice Memorandum Order No. 235 was issued 25 August 1992 creating the
Special Task Force on Piracy and Counterfeiting covering the key cities
in 10 regions. Parallel to the creation of the Task Force, training of
prosecutors handling infringement cases has been conducted and expanded.
In addition, the Department of Justice shall issue instructions to
prosecutors which shall direct prosecutors to:
1.
Commence criminal investigations upon being presented with evidence of
criminal copyright or trademark infringement and when the investigation
confirms evidence of infringement, seek criminal indictments within 60
days.
2 . Seek
sentences f icient to deter further infringements including jail
sentences and the maximum fines permitted in criminal infringement
cases.
E. The
Philippine Government will also strengthen the enforcement effort by
submitting amendments to each of the relevant laws increasing the
available penalties in criminal infringement cases to levels sufficient
to deprive infringers of the benefit of their illegal activity and to
deter further infringement. The maximum period of imprisonment will be
increased from a period of six months one year to a maximum of at least
three years. The minimum level of fines will be established to reflect
the seriousness of the infringement.
V.
Recognizing that prevention of the importation of infringing goods has
an important effect on the reputation of the Philippines with respect to
the protection and enforcement of intellectual property rights, the
Philippine Government will act to prevent the importation of such goods.
A. To
meet this commitment, the Bureau of Customs will issue guidelines, by
August 31, 1993, for the implementation of its authority under Section
30 of P.D. 49 (Copyright law) and Section 35 of RA 166 (Trademarks law).
1. These
guidelines shall establish detailed procedures that, among other things,
will enable Customs make initial determinations of inf ringement of
copyright and trademarks, and will also permit copyright and trademark
owners or their authorized representatives to notify Customs of
suspected infringing shipments. In establishing these guidelines, the
Bureau of Customs will take into account current international practices
on border enforcement, including practices of the United States. The
Customs guidelines will also be consistent with the provisions of
section 4 of the December 20, 1991 draft text of the TRIPs agreement in
defining the powers of Customs authorities, the rights of the copyright
or trademark owner and the rights of owners, importers, or consignees of
goods that are subject to interdictions for infringement of copyright
and trademarks.
2. It is
the Philippine Government's understanding that the US. authorities will
provide, to the extent possible, necessary technical assistance and
training for the implementation of subparagraph I above. In addition,
copyright and trademark owners or their duly authorized representatives
shall Provide necessary assistance in the actual determination of
infringing materials.
B. The
VRB and Customs will establish a system for the monitoring of imports
and seizure and destruction of infringing recorded materials in imports
of all forms of videograms.
VI. With
respect to the taxation of foreign trademarked cigarettes, the
Philippine Government resolves to eliminate discriminatory tax treatment
pursuant to its obligations under the General Agreement on Tariffs and
Trade (GATT) .
VII. The
Philippine Government will continue to support forts to establish a
multilateral framework of standards, principles, regulations, measures
and enforcement of intellectual property rights along the lines of the
December 20, 1991 draft text on TRIPS.
VIII. The
Philippine Government will make the necessary executive/administrative
issuance covered by this note no later than August 31, 1993. Further, it
will submit the necessary legislation to implement the undertakings
requiring new legislation during the next session of the present
Congress and will exert best efforts to seek expeditious passage of
these legislation by December 1994.
IX. Both
Governments recognize that the private sector must play an active role
in creating conditions for effective intellectual property rights
protection that will be mutually beneficial to providers and users of
these rights. To this end:
A. The
U.S. private sector, including trade associations, will be encouraged to
establish a market presence in the Philippines so as to make available
to the public the products of their innovation and creativity. The
Philippine Government will facilitate such market presence.
B. The
Philippine Government will coordinate with the private sector, including
trade associations, to develop more effective procedures for deterring
infringements and prosecuting infringement cases, providing assistance
where necessary, such as technical advice and training on enforcement,
and participating in administrative or judicial action in cases of
infringement
X. It is
My Government understanding that consultations regarding any matter
related to the interpretation, implementation, or operation of this
Understanding, including shipments of infringing products to
third-country markets, will be held promptly at the request of either
Government under the existing bilateral consultation mechanisms provided
for in the Trade and Investment Framework Agreement signed between our
two governments on November 9, 1989. Both Government will also consult
on technological developments which have a substantive impact on
intellectual property rights.
In
consideration of these commitments the Philippine Government and in the
expectation that these commitments will be fully implemented, the US
Government will remove the Philippines from the "special 301"
priority watch list effective on or before April 30, 1993.
Please
confirm that this note and your note in reply constitute an
Understanding between our two Governments.
With
assurances of my highest consideration.
Very truly
yours,
Rizalino
S. Navarro
Secretary
I have the
honor to confirm that this exchange of notes constitutes an
Understanding between our two Governments. I also confirm that as stated
in your note, the U.S Government will remove the Philippines from the "special
301" priority watch list effective on or before April 30, 1993.
I look
forward to working with you in the future on trade issues.
Sincerely,
Michael
Kantor
April 6,
1993
Agreed
Minutes
Representatives
of the Government of the Republic of the Philippines and the Government
of the United States of America hereby state their mutual understanding
of the following points.
1.
Consultations will be held before August 31, 1993 concerning the
drafting and implementation of the Custom guidelines specified in
Article V (A) (1) of the April 6, 1993, Understanding between our
Governments (Understanding).
2. Within
90 days after the signing of the Understanding, consultations will be
held with the aim of specifying when a patent compulsory license may be
granted.
3.
Consultations will be held before December 31, 1994, to review the
status of legislation required to implement the Understanding with a
view to developing an action plan to achieve the objective of enacting
and implementing such legislation.
_________________________
_________________________
For the
Government of The United States of America
For the
Government of The Republic of the Philippines
The TCC
offers these agreements electronically as a public service for general
reference. Every effort has been made to ensure that the text presented
is complete and accurate. However, copies needed for legal purposes
should be obtained from official archives maintained by the appropriate
agency. |