CASE STUDY: COMMON ISSUES AND IMPACT OF INTELLECTUAL PROPERTY IN THE

PHILIPPINES

KRISIAN VANZ T. ALONZO

1. Introduction

Intellectual property (IP) pertains to any original creation of the human intellect such as artistic,
literary, technical, or scientific creation. Intellectual property rights (IPR) refers to the legal rights
given to the inventor or creator to protect his invention or creation for a certain period of time.[1]
These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his
invention/creation for a given period of time. It is very well settled that IP play a vital role in the
modern economy. It has also been conclusively established that the intellectual labor associated with
the innovation should be given due importance so that public good emanates from it. There has been a
quantum jump in research and development (R&D) costs with an associated jump in investments
required for putting a new technology in the market place.[2] The stakes of the developers of
technology have become very high, and hence, the need to protect the knowledge from unlawful use
has become expedient, at least for a period, that would ensure recovery of the R&D and other
associated costs and adequate profits for continuous investments in R&D.[3] IPR is a strong tool, to
protect investments, time, money, effort invested by the inventor/creator of an IP, since it grants the
inventor/creator an exclusive right for a certain period of time for use of his invention/creation. Thus
IPR, in this way aids the economic development of a country by promoting healthy competition and
encouraging industrial development and economic growth. Present review furnishes a brief overview
of IPR with special emphasis on pharmaceuticals.

1.1 Problem Statement

1.2 Interview Questions

The trend of granting patents started in the fourteenth century. Then can be considered the cradle of IP
system as most legal thinking in this area was done there.
 2. Related Literature

Some Special Aspects of Drug Patent Specification

Discovery of a new property in a known material is not patentable. If one can put the property to a
practical use one has made an invention. A railway sleeper made from the material could well be
patented. It may be possible to patent it in combination with some other known substances.

Management of Intellectual Property in Pharmaceutical Industries

More than any other technological area, drugs and pharmaceuticals match the description of
globalization and need to have a strong IP system most closely. Knowing that the cost of introducing
a new drug into the market may cost a company along with all the associated risks at the
developmental stage, no company will like to risk its IP becoming a public property without adequate
returns. Creating, obtaining, protecting, and managing IP must become a corporate activity in the
same manner as the raising of resources and funds. The knowledge revolution, which we are sure to
witness, will demand a special pedestal for IP and treatment in the overall decision-making process.

Rationale of License

License is a contract by which the licensor authorizes the licensee to perform certain activities, which
would otherwise have been unlawful. For example, in a patent license, the patentee (licensor) authorizes the
licensee to exercise defined rights over the patent. The effect is to give to the licensee a right to do what
he/she would otherwise be prohibited a license makes lawful what otherwise would be unlawful.

The licensor may also license ‘know-how’ pertaining to the execution of the licensed patent right such as
information, process, or device occurring or utilized in a business activity can also be included along with the
patent right in a license agreement.
3. Methodology
4. Discussion

5. Conclusion

It is obvious that management of IP and IPR is a multidimensional task and calls for many
different actions and strategies which need to be aligned with national laws and international
treaties and practices. It is no longer driven purely by a national perspective. IP and its associated
rights are seriously influenced by the market needs, market response, cost involved in translating
IP into commercial venture and so on. In other words, trade and commerce considerations are
important in the management of IPR. Different forms of IPR demand different treatment,
handling, planning, and strategies and engagement of persons with different domain knowledge
such as science, engineering, medicines, law, finance, marketing, and economics. Each industry
should evolve its own IP policies, management style, strategies, etc. depending on its area of
specialty. Pharmaceutical industry currently has an evolving IP strategy. Since there exists the
increased possibility that some IPR are invalid, antitrust law, therefore, needs to step in to ensure
that invalid rights are not being unlawfully asserted to establish and maintain illegitimate, albeit
limited, monopolies within the pharmaceutical industry. Still many things remain to be resolved in
this context.
6. References

Singh R. Vol. 1. New Delhi: Universal Law Publishing Co. Pvt. Ltd; 2004. Law relating to intellectual
property (A complete comprehensive material on intellectual property covering acts, rules, conventions,
treaties, agreements, case-Law and much more)

Angell M. The Pharmaceutical Industry.To Whom Is It Accountable? N Engl J Med. 2000;342:1902–4.

Lexchin J. Intellectual property rights and the Canadian pharmaceutical marketplace: Where do we go from
here? Int J Health Serv. 2005;35:237–56.

New Delhi: Department of Science and Technology (DST), Government of India; 2002. Anonymous.
Research and development statistics.

New Delhi: Department of Scientific and Industrial Research, Government of India; 2002. Anonymous.
Research and development in industry: An overview.

Bainbridge DI. New York: Longman; 2002. Intellectual property.

Glasgow LJ. Stretching the limits of intellectual property rights: Has the pharmaceutical industry gone too
far? IDEA J Law Technol. 2001;41:227–58.

Gottlieb S. Drug firms use legal loopholes to safeguard brand names. BMJ. 2000;321:320.

 Kartal M. Intellectual property protection in the natural product drug discovery, traditional herbal medicine
and herbal medicinal products. Phytother Res. 2007;21:113–9. 

Shukla S. Patents: An Introduction. Indian Pharm. 2004;3:14–7.

New Delhi: Commercial Law Publisher (India) Pvt. Ltd; 2005. Anonymous. The Copyright Act 1957 as
amended up to 1999 along with Copyright Rules 1958 and International Copyright Order 1999.

 New Delhi: Universal Law Publishing Co. Ltd; 2004. Anonymous. The Design Act. 2000 along with
Design Rules 2001.

 Beier FK, Schricker G. Munich: Copyright and Competition Law; 1996. IIC studies: Studies in industrial
property and copyright law, from GATT to TRIPS - the agreement on trade related aspects of intellectual
property rights.Max Planck Institute for Foreign and International Patent.

Watal J. London: Kluwer Law International; 2001. Intellectual property rights in the WTO and developing
countries.

New York: WIPO Publication; 2001. Anonymous. WIPO intellectual property handbook. policy, law and
use.