Draft_Rules_Regulationson_GI_version_for_3rd_consultation.doc - Office Order No Series of 2015 RULES AND REGULATIONS ON GEOGRAPHICAL INDICATIONS Whereas

Draft_Rules_Regulationson_GI_version_for_3rd_consultation.doc

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Office Order No. _____ Series of 2015 RULES AND REGULATIONS ON GEOGRAPHICAL INDICATIONS Whereas, Section 4 of Republic Act No. 8293 or the Intellectual Property Code of the Philippines (“IP Code”) provides that geographical indication is an intellectual property right; Whereas , Section 9.1 of the IP Code states that among the functions of the Bureau of Trademarks is the search and examination of the applications for the registration of geographic indications and the issuance of the certificates of registration; Whereas , in order to pursue and facilitate the conferment of protection to geographical indications, it is fundamental that a system of registration and framework of rules be established and implemented by the Intellectual Property Office; and Whereas , Section 7.1 (a) of the IP Code states that the Director General shall manage and direct all functions and activities of the Office, including the promulgation of rules and regulations to implement the objectives, policies, plans, programs, and projects of the Office. Now, therefore , in consonance with the foregoing and the policy of the State to enhance the enforcement of the intellectual property rights in the Philippines, the following rules and regulations on geographical indications are hereby promulgated: Article I Preliminaries Rule 1. Title. -- This regulations shall be known and cited as the Rules and Regulations on Geographical Indications. Rule 2. Definition of Terms. -- The following terms shall be defined as follows: 1
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a) Geographical indication refers to indications which identify a good 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; b) Goods/Products refer to agricultural products, foodstuff, any products of handicraft, or wines and spirits; c) Registrar refers to the Registrar of Geographical Indications; d) Producer refers to any person who exploits, processes, or produces agricultural goods and/or foodstuffs, or wines and spirits, makes or manufactures handicrafts, and/or exercises control over the use of GI, standards of production and other product specifications; e) Office refers to the Intellectual Property Office; f) Bureau refers to the Bureau of Trademarks; g) IP Code refers to Republic Act No.8293, otherwise known as the Intellectual Property Code of the Philippines; h) Regulations refers to the Rules and Regulations on Geographical Indications; i) Code of Practice (CoP) is a document that contains information about the Product/Goods, its specific characteristics and qualities, its area of production, the guarantee system, and explains the link between the geographical environment and the Products/Goods in question; j) IPOPHL E-Gazette - refers to IPO’s own publication where all matters required to be published under the IP Code shall be published.
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