QuestionsQuestions (Joint IPOPHL-NCIP Administrative Order No. 01 5 2016)
It is entitled “Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of the Indigenous Peoples and Indigenous Cultural Communities.” Its purpose is to harmonize IPOPHL and NCIP rules to protect IKSP from misappropriation, require proper disclosure and Free and Prior Informed Consent (FPIC), and encourage tradition-based creations and innovations.
It applies to the examination and registration of intellectual property rights applications in IPOPHL that use Indigenous Knowledge Systems and Practices (IKSP).
IKSP refers to systems, institutions, mechanisms, and technologies comprising a unique body of knowledge evolved over time, embodying relationships among peoples and between peoples and lands/resources, including social, political, cultural, economic, and religious spheres. It may cover traditional cultural expressions/knowledge and distinctive signs and symbols, and is not limited to a specific technical field—e.g., agricultural, environmental, medical knowledge, and knowledge associated with genetic resources.
The Order cites the 1987 Constitution’s policy to protect intellectual property and recognize indigenous rights. It further relies on the Indigenous Peoples’ Rights Act (RA 8371) provisions recognizing special measures to control and protect IKSP, and the Intellectual Property Code tasking IPOPHL to coordinate and implement IP policies.
Indigenous peoples/indigenous cultural communities hold IKSP as collective intellectual rights as an inherent part of cultural patrimony. Core rights include the right to own, control, develop, and protect past, present, and future manifestations of culture, including archaeological/historical sites, artifacts/designs/ceremonies/arts/literature, science and technology, and language/script/histories/oral traditions/teaching systems. They may also regulate access for research/documentation.
Yes. Individuals or specific families may serve as custodians on behalf of the community, but this must be in accordance with the community’s customary laws.
The application must disclose any IKSP used in the subject matter, including the source or geographical origin of the IKSP. It must also include disclosure of IKSP and a statement of compliance with the FPIC requirement of the concerned indigenous cultural communities.
Even without the declaration, IPOPHL may, motu proprio or upon request and after initial evaluation, refer the application to NCIP to verify use/ownership of IKSP and compliance with FPIC, and then determine whether the IP right can be registered according to applicable rules.
Registration can only be effected upon compliance with the disclosure requirements under these Rules, particularly the required FPIC of the indigenous cultural communities, even if such disclosure is not required for the grant of the certificate. If issued in violation, IPOPHL may cancel the registration under its rules.
It means IPOPHL retains discretion to determine whether the IP right should be registered without prejudice to any party filing an appropriate case alleging misappropriation of IKSP.
If the author or inventor cannot be identified but an indigenous cultural community is recognized as creator/owner, the community is entitled to collective management of the IP rights. This covers tangible and intangible forms expressing IKSP, including traditional music/performances/narratives, names and symbols, designs, and technological innovations.
The NCIP endeavors to establish an IKSP registry that IPOPHL will use in examining IP applications. NCIP must coordinate/collaborate with agencies such as the National Commission for Culture and the Arts (for cultural property and intangible heritage inventories) and other agencies with existing IKSP documentation/databases.
NCIP or any certifying authority (including indigenous peoples recognized/accredited by NCIP) may certify ownership of IKSP by indigenous cultural communities. The certification must also include information on compliance with FPIC. This certification process runs parallel to IPOPHL’s examination.
IPOPHL recognizes the validity of the IKSP registry and/or NCIP certifications (and other certifying authority certifications) and considers them during examination as appropriate. The registry must be regularly updated. However, nothing prevents IPOPHL from consulting other sources, and nothing prevents any party from challenging NCIP’s certification and findings.
IPOPHL and NCIP must establish a coordination system consistent with streamlining IP registration procedures and enhancing IKSP protection. They must promulgate mechanisms to avoid hindering speedy disposition of applications, and establish mechanisms to defray expenses incurred in securing IKSP ownership certification, including FPIC compliance information.
The customary laws and the dispute resolution systems practiced by the indigenous cultural communities shall be applied.
It takes effect fifteen (15) days after its publication in at least one (1) national paper of general circulation and upon filing with the University of the Philippines Law Center in accordance with law.