Philippines: IPOPHL posts proposed guidelines on compulsory licences

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Philippines: IPOPHL posts proposed guidelines on compulsory licences

Sponsored by

hechanova-400px.png
compulsory-licence-min-final.jpg

The TRIPS Agreement, to which the Philippines is a signatory, enables governments of member countries with no capacity to manufacture medicines to import/export cheaper pharmaceutical products via a compulsory licence. These are medicines for which they would otherwise have paid a higher price because of existing patents.

On January 8 2020, the Intellectual Property Office of the Philippines (IPOPHL) posted the proposed guidelines on the use of special compulsory licences (SCL) and compulsory licences (CL) by way of a Joint Administrative Order (JAO) with the Department of Health (DOH) for comment by the public on or before January 21 2020. This is in line with the government's target of sustainable development goals (SDG). Under the Intellectual Property Code of the Philippines (IP Code), a CL is a licence issued by the director general of the IPOPHL to exploit a patented invention without the permission of the patent holder. SCL refers to the permission granted to import and/or export patented drugs and medicines.

The JAO allows the DOH to import generic versions of the patented products under any of the following circumstances: (i) national emergency or other circumstances of extreme urgency; (ii) where the public interest so requires, in particular, nutrition or health as determined by the DOH; (iii) where a judicial or administrative body has determined that the manner of exploitation of the patent is anti-competitive; (iv) in case of public non-commercial use of the patent by the patentee without satisfactory reason; (v) if the patented invention is not being worked in the Philippines on a commercial scale, although capable of being worked, without satisfactory reason; or (vi) when the demand for patented drugs and medicines is not being met to an adequate extent and on reasonable terms.

The JAO provides for payment of reasonable remuneration to the patent holder, but sets the ceiling for the royalty payment at 5% of the price of generics. The royalty rate shall be in accordance with the guidelines of the United Nations Development Program (UNDP).

The patent holder shall be given the opportunity to comment on the petition for the issuance of a SCL/CL, and the proceedings shall be before the IPOPHL. The parties shall be encouraged to avail of any mode of alternative dispute resolution. Should the patentee fail to file its comment within the required period, the director general of the IPOPHL shall issue the SCL/CL which shall be immediately executory and only the Supreme Court can issue a temporary restraining order (TRO) or preliminary injunction or other provisional remedies.

To avoid the commercialisation of the approved generic product, it shall be distinguished by a different special packaging and/or special colouring/shaping, and the issued Certificate of Product Registration (CPR) shall include the statement "FOR DOH PROGRAM ONLY." The process of securing the SCL/CL from filing of the petition should take only 90 days.


Hechanova & Co., Inc.

Salustiana D. Ty Tower

104 Paseo de Roxas Avenue

Makati City 1229, Philippines

Tel: (63) 2 812-6561

Fax: (63) 2 888-4290

editharh@hechanova.com.ph 

www.hechanova.com.p
h

more from across site and SHARED ros bottom lb

More from across our site

In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Kilpatrick’s managing partner for San Francisco discusses taking the longer route to partnership, the importance of female mentors, and strengthening office culture
Home-working and grace periods at IP offices have been announced, while Managing IP understands Iran’s IP office is out of service
With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
Gift this article