LAST February, as Chairman of the Senate Subcommittee on Trade, Commerce, and Entrepreneurship, we conducted a hearing on the bill providing for Protected Geographical Indications (GIs) of locally produced agricultural or natural products, processed products, or any products of handicraft or industry. The proposed measure aims to ultimately protect our local producers’ quality of manufacturing and craftsmanship and go after substandard products that claim to have the same authenticity.
The Intellectual Property Office of the Philippines (IPOPHL) defines geographical indications as indications which identify a good or product as originating in a territory, region, or locality, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin and/or human factors. For instance, the IPOPHL has identified certain Filipino-made products including Cordillera’s Heirloom Rice, the T’nalak hand-woven cloth from the T’boli people of South Cotabato, the Sabutan weave of Aurora, and Kalinga’s own coffee as potential GIs.
In 2022, IPOPHL issued the rules on GIs to strengthen the protection and promotion of our local products. In fact, Guimaras mangoes were recently registered by the agency as a GI – the first in the Philippines. We believe that – through this measure – the GI system will be institutionalized and products that have been the pride and glory of communities in the Philippines will remain protected from those seeking to illicitly benefit from reputable local producers and pass their goods as originating from that area.
While many of these potential GIs are already registered as collective marks or a trademark acquired and exclusively used by an organization or association in order to distinguish their products, many local producers have been calling for stronger regulations against instances of misrepresentation. And understandably so, especially since they have toiled for most of their lives in order to build a notable reputation and following for their products only for unscrupulous individuals to take advantage of their hard work and benefit from it. For instance, in 2019, Coffee Heritage Project founder Margaret Watanabe remarked that their organization has been trying to protect Sagada coffee as there have been many reports of individuals selling “fake” Sagada coffee. In fact, Watanabe’s group has written cease and desist orders against these sellers.
Moreover, in 2022, the local government of Sagada also decried the proliferation of “fake” Sagada oranges that are being sold in Baguio City to unassuming tourists. What’s also unfortunate is that most buyers and consumers – particularly those who purchase these items from online sellers – would have no way of knowing if what they bought are really from the areas renowned for these products. Hence, if these “fake” goods are deemed substandard or of poor quality, the negative impact to the reputable producers, especially in the age of social media, would be catastrophic.
Under the bill, which is a counterpart to the measure filed by Congresswoman Geraldine Roman, registered GIs would be afforded protection against any direct or indirect commercial use of a registered name with respect to products not covered by the registration; any misuse, imitation, or evocation; any other false or misleading indication as to provenance, origin, nature, or essential qualities of the product that is used on the packaging or advertising material; any use of a GI which constitutes an act of unfair competition within the meaning of Article 10(bis) of the Paris Convention; and any other practice that tends to mislead the consumer as to the true origin of the product; among others.
During the hearing on the measure, IPOPHL expressed its full support to the proposed legislation and noted that – once enacted into law – this will “protect, promote, and preserve the cultural heritage and practices of our indigenous cultural communities and other local communities.” In addition, the agency also shared that this bill could potentially increase the productivity and financial stability of local producers much like those in foreign countries. A 2020 study by the European Commission noted that food and drink products registered by the EU as GIs have around €75 billion in sales value. The Commission also noted that the sales value of these products is around twice as much compared to the same products without a certification.
This measure has the potential to help our local producers, not only in protecting the integrity of their goods, but also for them to further break into the international marketplace scene through their products that represent our brand of quality, creativity, and innovativeness. With the bill currently undergoing a series of consultations with relevant government agencies, industry leaders, and other stakeholders, it is our goal to further refine it to be able to sponsor the measure in plenary once our sessions resume.
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Sen. Sonny Angara has been in public service for 18 years—9 years as Representative of the Lone District of Aurora, and 9 as Senator. He has authored, co-authored, and sponsored more than 330 laws. He is currently serving his second term in the Senate.
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Email: sensonnyangara@yahoo.com| Facebook, Twitter & Instagram: @sonnyangara/PN
