Governing policy, purpose, and intent
- The rules seek to protect the intellectual creations of indigenous peoples and indigenous cultural communities, including indigenous knowledge systems and practices (IKSP).
- The rules establish an institutional arrangement between IPOPHL and NCIP to prevent misappropriation of IKSP.
- The rules encourage tradition-based creations and innovations while requiring respect for community rights.
- The rules require harmonized implementation of IPOPHL and NCIP processes to strengthen IKSP protection.
Core definitions and key terms
- “Collective Management” means the exercise of intellectual property rights by organizations or persons acting in the interest and on behalf of the owners of these rights.
- “Community Intellectual Rights” refer to rights of indigenous peoples and indigenous cultural communities to own, control, develop, and protect:
- past, present, and future manifestations of cultures, including archaeological and historical sites, artifacts, designs, ceremonies, technologies, visual and performing arts, literature, and religious and spiritual properties;
- science and technology, including human and other genetic resources, seeds, medicine, health practices, vital medicinal plants, animals and minerals, IKSP, resource management systems, agricultural technologies, knowledge of fauna and flora properties, oral traditions, designs, scientific discoveries; and
- language, script, histories, oral traditions, teaching and learning systems.
- “Customary Laws” are written and/or unwritten rules, usages, customs, and practices traditionally and continually recognized, accepted, and observed by respective indigenous peoples and indigenous cultural communities.
- “Free and Prior Informed Consent” is the consensus of members of indigenous cultural communities determined under their customary laws and practices, free from external manipulation, interference, or coercion, and obtained after fully disclosing the intent and scope of the activity in a language and process understandable to the community.
- “Indigenous Knowledge Systems and Practices (IKSP)” are systems, institutions, mechanisms, and technologies comprising a unique body of knowledge evolved through time embodying patterns of relationships between and among peoples and between peoples, their lands, and resource environment, including social, political, cultural, economic, and religious spheres.
- IKSP includes traditional cultural expressions or traditional knowledge and covers distinctive signs and symbols associated with indigenous peoples and indigenous cultural communities, not limited to a specific technical field and may include agricultural, environmental, or medical knowledge and knowledge associated with genetic resources.
- “Indigenous Peoples / Indigenous Cultural Communities” are groups identified by self-ascription and ascription by others, continuously living as organized communities on communally bounded and defined territory, with ancestral claims of ownership since time immemorial; and include groups historically differentiated from the majority Filipinos and those retaining social, economic, cultural, and political institutions even if displaced or resettled.
- “Intellectual Property” refers to intangible assets resulting from creative or intellectual endeavor, including inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
- “Intellectual Property Rights” are the rights recognized and protected under Republic Act No. 8293, the Intellectual Property Code of the Philippines, as amended.
- “IPOPHL” means the Intellectual Property Office of the Philippines.
- “NCIP” means the National Commission on Indigenous Peoples.
- “Rules and Regulations” refer to this Joint IPOPHL-NCIP Administrative Order No. 01, 2016.
Coverage and objective of the rules
- These Rules and Regulations apply to the examination and registration of intellectual property rights applications in the IPOPHL that use IKSP.
- The rules aim to provide harmonized regulations of IPOPHL and NCIP to protect intellectual creations, including IKSP.
- The rules provide an institutional arrangement between IPOPHL and NCIP to prevent misappropriation of IKSP.
- The rules encourage tradition-based creations and innovations while protecting community rights.
Rights over IKSP
- IKSP of indigenous peoples and indigenous cultural communities are their collective intellectual rights and are an inherent part of their cultural patrimony.
- Individuals or specific families may serve as custodians of IKSP on behalf of the community in accordance with customary laws.
- Indigenous peoples have the right to regulate access to their IKSP for research and documentation.
- Indigenous peoples have the right to own, control, develop, and protect past, present, and future manifestations of their cultures, including:
- archaeological and historical sites, artifacts, designs, ceremonies, technologies, visual and performing arts, literature, and religious and spiritual properties;
- science and technology, including genetic resources, seeds, medicines, health practices, vital medicinal plants, animals, minerals, IKSP, resource management systems, agricultural technologies, knowledge of flora and fauna properties, and scientific discoveries; and
- language, music, dances, script, histories, oral traditions, conflict resolution mechanisms, peace building processes, life philosophy and perspectives, and teaching and learning systems.
IKSP disclosures in IPOPHL applications
- An intellectual property rights application filed in IPOPHL must disclose any IKSP used in the subject matter of the application, including the source or geographical origin of the IKSP used.
- The application must include disclosure of IKSP and a statement of compliance with the requirement of Free and Prior Informed Consent of the concerned indigenous cultural communities.
- If the intellectual property right is not subject to registration, IKSP disclosure must be made in all communications of the subject matter of the intellectual property right to the public.
- Even without a declaration of IKSP use in an intellectual property rights application, IPOPHL may motu proprio or upon request after initial evaluation refer the application to NCIP to verify IKSP use or ownership and compliance with Free and Prior Informed Consent, and then determine registration based on applicable rules.
- Registration for an intellectual property right that uses IKSP must be effected only upon compliance with the disclosure requirement under these Rules and Regulations, particularly the required Free and Prior Informed Consent, even where such disclosure is not required for the grant of a certificate of registration.
- If a registration is issued in violation of these Rules and Regulations, IPOPHL may cancel the registration in accordance with its rules and regulations.
- IPOPHL reserves judgment to determine registration of intellectual property rights without prejudice to the filing of an appropriate case by any party alleging or claiming misappropriation of IKSP.
Collective management when creator is unknown
- If the author of an artistic and literary creation or the inventor of an invention cannot be identified, but an indigenous cultural community is recognized to have created and owned the work or invention, that community is entitled to collective management of its intellectual property rights over the works.
- Artistic and literary works and inventions covered by collective management include tangible and intangible forms through which IKSP is expressed, communicated, or manifested.
- Covered examples include traditional music, performances, narratives, names and symbols, designs, and technological innovations.
IKSP registry and ownership certification
- NCIP shall endeavor to establish a registry of IKSP that IPOPHL shall use in examining intellectual property rights applications.
- In establishing the IKSP Registry, NCIP coordinates and collaborates with the National Commission for Culture and the Arts (the lead agency mandated to establish the Philippine Registry of Cultural Property and the Philippine Inventory of Intangible Cultural Heritage) and other cultural and government agencies with existing IKSP databases or documentation.
- In the absence of a formal IKSP registry, NCIP or any certifying authority including indigenous peoples recognized or accredited by NCIP is authorized to certify ownership of IKSP by indigenous cultural communities.
- Ownership certification must also include information on compliance with the relevant Free and Prior Informed Consent.
- Ownership certification processing runs in parallel with IPOPHL examination of the intellectual property rights application under applicable registration rules.
- IPOPHL recognizes the validity of the IKSP registry and NCIP certification and certifications made by other certifying authorities including indigenous peoples, and considers them in examining applications for protection.
- The IKSP registry is updated regularly.
- IPOPHL may consult other sources to determine whether criteria for grant of an intellectual property right are met.
- Any party may challenge NCIP certification and findings.
Institutional mechanisms and capacity building
- IPOPHL and NCIP must establish an inter-agency coordination system consistent with streamlining intellectual property rights registration procedures and enhancing protection of IKSP.
- IPOPHL and NCIP must promulgate mechanisms—jointly or individually—to ensure implementation does not hinder the speedy disposition of intellectual property rights applications.
- IPOPHL and NCIP must establish mechanisms for defraying expenses incurred in securing IKSP ownership certification, including information on compliance with Free and Prior Informed Consent.
- IPOPHL and NCIP must undertake capacity-building activities for indigenous peoples and indigenous cultural communities to enhance protection and management of their intellectual property rights a