The Philippines' patent system and competition policies' compliance to the agreement on trade related aspects of intellectual property (TRIPs): A research to combat abuse in the patent system

• Main Authors: Castillo, Jephthah, La Penia, Janika Faye
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Patent laws and legislation > Philippines; Patent infringement > Philippines; Intellectual Property Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5617
• Institution: De La Salle University

This paper analyzes the compliance of the present Philippine Patent Law and Compliance Policies' with the Agreement on Trade Related Aspects of Intellectual Property (TRIPS) because the Philippines is a signatory to this treaty. Since the TRIPs agreement provides for the standard for protection of intellectual property, there is a need to determine if the Philippine laws has meet the standard required by this treaty.It is a fact that intellectual property has been playing a big role in the nation's economic growth. By knowing whether the Philippines is TRIPs compliant, the researchers would be able to recommend solutions in order to attain the standard set by TRIPs for the goal of economic growth.In this paper, the researchers used document analysis as their method in analyzing the entire method. Their study is limited on Philippine laws on competition, Intellectual Property Code and the TRIPs Agreement. Using instances of patent trolls, patent pooling and ever greening patent as abuses in the patents, the researchers examined whether the Philippines has enough mechanisms to combat such abuses mentioned.At the end of the research, it was found out that the term of the patent is prone to abuse. Inventors are given twenty years exclusive ownership, however, the invention should benefit the public. If these inventions are not used, the public is deprived of these benefits. Another result of the study is that the improvement to the patent is also prone to abuse, since there is no way of regulating the use of such patents.