Office Order No. _____
Series of 2014
RULES AND REGULATIONS ON GEOGRAPHICAL INDICATIONS
Whereas, Section 4 of Republic Act No. 8293 or the Intellectual Property Code of the Philippines (“IP Code”) provides that geographical indication is an intellectual property right;
Whereas, Section 9.1 of the IP Code states that among the functions of the Bureau of Trademarks is the search and examination of the applications for the registration of geographic indications and the issuance of the certificates of registration;
Whereas, in order to pursue and facilitate the conferment of protection to geographical indications, it is fundamental that a system of registration and framework of ...view middle of the document...
8293, otherwise known as the Intellectual Property Code of the Philippines;
h) Rules refers to the Rules and Regulations on Geographical Indications;
i) Code of Practice (CoP) is a document that contains information about the Product/Goods, its specific characteristics and qualities, its area of production, the guarantee system, and explains the link between the geographical environment and the Products/Goods in question;
j) IPOPHL E-Gazette - refers to IPO’s own publication where all matters required to be published under the IP Code shall be published.
Rule 3. Registration. --The protection afforded under this Regulations to any indication constituting geographical indication shall be obtained through a valid registration and a certificate issued to that effect by the Office, in accordance with the provisions of this Rules.
Rule 4. Rights of GI Registrants. --Persons with a duly registered geographical indication shall have the right to prevent third parties from engaging in the following:
a) use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;
b) any use of a geographical indications which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory;
c) any use of a geographical indication identifying wines or spirits not originating in the place indicated by the geographical indicate in question, even where true origins of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation”, “method”, “as produced in” or other similar qualifying terms;
d) any use of a geographical indication identifying agricultural products, foodstuff, any products of handicraft not originating in the place indicated by the geographical indicate in question, even where true origins of the goods is indicated or the geographical indication is used 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;
e) any other use similar or analogous to the above.
Rule 5. GI Registrar. -- The Director of the Bureau of Trademarks shall act as the Registrar of Geographical Indications who has the authority to examine and register application of geographical indication, and implement the provisions of this Regulations.
Rule 6. Functions of the GI Registrar. --The Registrar shall keep and maintain a register to be known as the Register of Protected Geographical Indications –
a) which shall...