On the last session day, October 8 2008, the Philippine Senate ratified the controversial Agreement Between the Republic of the Philippines and Japan for Economic Partnership (JPEPA). This agreement was signed by President Gloria Macapagal Arroyo and then by Japan Prime Minister Junichiro Koizumi on September 9 2006, and required the ratification of the parliaments of both countries. Japan quickly approved it in December 2006. Having been objected to by different sectors, it took longer to obtain the agreement of the Senate. The JPEPA is the first bilateral economic pact for the Philippines, and was designed after the Japan-Singapore Economic Partnership Agreement (JSEPA), the first bilateral economic partnership agreement entered into by Japan and considered as a means to promote the economic relations of Japan with other ASEAN countries.
Chapter 10 of the JPEPA is devoted to Intellectual Property, and some of its provisions would require the amendment of the current administrative rules provided in the IP Code to further streamline the system. Article 120(2,3) provides that no party may require the authentication of signatures or other means of self-identification on documents including applications, translations, powers of attorney, certifications of assignments in the course of application procedures or other administrative procedures on patents, utility models, industrial designs or trade marks, except when there is a surrender of the same, or there is reasonable doubt as to the authenticity of the signatures or other means of self-identification, and where the competent authority notifies the person that such evidence is required, and shall state the substantial reason for requiring the submission.
These provisions would make it easier and less expensive, particularly for non-resident plaintiffs or respondents, in prosecuting administrative actions. The current rule is that all documents executed outside the Philippines, to be admissible in the administrative court, should have all the formalities including the authentication by the Philippine Consulate Office at the place or nearest the place of execution. The same rule applies to recordal of assignments, which becomes expensive for multi-nationals that change their name or transfers their IP to another company.
The JPEPA comes into effect 30 days from the exchange of notes of compliance by the governments. A group of non-governmental organizations collectively calling themselves Magkaisa Junk JPEPA on October 13 2008 asked the Supreme Court to issue an injunction to prevent the implementation of the JPEPA on the ground that it contains unconstitutional provisions, such as entry of toxic waste, allowing entities with more than 40% Japanese ownership to own private lands, reserved only for Filipinos, allowing corporations with 40% Japanese capital to engage in deep sea fishing activities, which is reserved for Filipinos. It is feared that the JPEPA would set a precedent for future economic agreements with other countries.
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| Editha R Hechanova |
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