Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No._931

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

It is not hard to think ofa province or region in the Philippines with a
globally-competitive product. To name a few, we have the Bataan Tinapa,
Ilocos Bagnet, Guimaras Mango or Davao Durian. These products are
closely associated with their origin that mere mention of the province is
enough guaranties that the product is world-class.

However, due to the commercial viability and lack of regulation on
the use of these geographical indications, it has been subject to abuse by
many unscrupulous producers. Ultimately, the names of these products are
being tarnished, degraded and cheapened to the detriment of the legitimate
producers.

Hence, it is the duty of the State to protect the products, producers
and consumers from this practice. In fact, Art. XII, Sec. 12 of the 1987
Constitution provides that: “The State shall promote the preferential use of
Filipino labor, domestic materials and locally produced goods, and adopt
measures that help make them competitive.” It is envisioned that with the
passage of this Bill, the local producers will be incentivized to preserve
their methods of production which have close ties to Filipino culture and
tradition. Non-discerning consumers will also be protected by being
informed.


Further, this Bill will establish a foothold of Filipino products in the
international market. In this age of globalization, our local goods, which are
truly internationally competitive, will be given the chance to shine.

In view of the foregoing, passage of this bill is earnestly sought.

ha
GERALDINE B. ROMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House BillNo._931

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

It is not hard to think of a province or region in the Philippines with a
globally-competitive product. To name a few, we have the Bataan Tinapa,
Ilocos Bagnet, Guimaras Mango or Davao Durian. These products are
closely associated with their origin that mere mention of the province is
enough guaranties that the product is world-class.

However, due to the commercial viability and lack of regulation on
the use of these geographical indications, it has been subject to abuse by
many unscrupulous producers. Ultimately, the names of these products are
being tarnished, degraded and cheapened to the detriment of the legitimate
producers.

Hence, it is the duty of the State to protect the products, producers
and consumers from this practice. In fact, Art. XII, Sec. 12 of the 1987
Constitution provides that: “The State shall promote the preferential use of
Filipino labor, domestic materials and locally produced goods, and adopt
measures that help make them competitive.” It is envisioned that with the
passage of this Bill, the local producers will be incentivized to preserve
their methods of production which have close ties to Filipino culture and
tradition. Non-discerning consumers will also be protected by being
informed.


Further, this Bill will establish a foothold of Filipino products in the
international market. In this age of globalization, our local goods, which are
truly internationally competitive, will be given the chance to shine.

In view of the foregoing, passage of this bill is earnestly sought.

. «
CL
GERALDINE B. ROMAN

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

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House Bill No. 232

Introduced by Representative GERALDINE B. ROMAN

AN ACT
PROVIDING FOR PROTECTED GEOGRAPHICAL INDICATIONS OF LOCALLY
PRODUCED FOOD PRODUCTS, FOODSTUFF, HANDICRAFT, WINES AND
SPIRITS

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Protected Geographical

Indications Act.”

SECTION 2. Declaration of Policy - The State recognizes the economic and
cultural contribution of locally produced agricultural products, foodstuff,
handicrafts, wines and spirits. These products create value for local communities
or regions since they are deeply rooted in tradition, culture and geography.
Further, rural socio-economic development is bolstered by the consequent

creation of job opportunities from production, processing and distribution.

Towards this end, the State shall endeavor to protect and promote these
industries by helping producers to communicate the product characteristics and

attributes of the produce and foodstuffs to buyers and consumers so as to ensure:


(a) fair competition of producers;

(b) availability of reliable information to consumers;
(c) respect for intellectual property rights; and

(a) integrity of the market.

SECTION 3. Definition of Terms. - As used in this Act:
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;

4) Goods/Products refer to agricultural products, foodstuff, any products of

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handicraft, or wines and spirits;

©) 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 Gl,
standards of production and other product specifications;

¢) Office refers to the Intellectual Property Office;

) 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;

i) Rules refers to the Rules and Regulations on Geographical Indications;

ARTICLE II
PROTECTED GEOGRAPHICAL INDICATIONS

SECTION 4. Objective. - A scheme for protected geographical indications is
established in order to help producers of products linked to a geographical area
by:

(a) Securing fair returns for the qualities of their products;

(b) Ensuring uniform protection of the names as an intellectual

property right;


(c) Providing clear information on the value-adding attributes of the

product to the consumers.

SECTION 5. Requirements for Geographical Indications. - ‘Geographical
Indication’ is a name which identifies a product:
(1) Originating in a specific place, region or country;
(2) Whose given quality, reputation or other characteristic is
essentially attributable to its geographical origin; and
(3) Atleast one of the production steps of which take place in the

defined geographical area.

SECTION 6. Generic nature, conflicts with names of plant varieties and
animal breeds, with homonyms and trademarks. - Generic terms shall not be
registered as protected geographical indications.

Aname may not be registered as geographical indication where it conflicts
with a name of a plant variety or an animal breed and is likely to mislead the
consumer as to the true origin of the product.

A name proposed for registration that is wholly or partially homonymous
with a name already entered in the register may not be registered unless there is
sufficient distinction in practice between the conditions of local and traditional
usage and presentation of the homonym registered subsequently and the name
already entered in the register, taking into account the need to ensure equitable

treatment of the producers concerned and that consumers are not misled.

SECTION 7. Names, Symbols and Indications, - Protected geographical
indications may be used by any operator marketing a product conforming to the
corresponding specification.

Symbols designed to publicize protected geographical indications shall be
established. The indications ‘protected geographical indication’ or the

corresponding abbreviations ‘PGI’ may appear on the labeling.


ARTICLE III
PROTECTION

SECTION 8. Registration. - The protection afforded under this Act to any
indication constituting geographical indication shall be obtained through a valid

registration and a certificate issued to that effect by the Office.

| SECTION 9. Rights of Registrants. - Registered names shall be protected
against:

(a) Any direct or indirect commercial use of a registered name in
respect of products not covered by the registration where
those products are comparable to the products registered
under that name or where using the name exploits the
reputation of the protected name, including when those
products are used as an ingredient;

(b) Any misuse, imitation or evocation, even if the true origin of
the products or services is indicated or if the protected name
is translated or accompanied by an expression such as ‘style’,
‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar,
including when those products are used as an ingredient;

(©) Any other false or misleading indication as to the provenance,
origin, nature or essential qualities of the product that is used
on the inner or outer packaging, advertising material or
documents relating to the product concerned, and the
packing of the product in a container liable to convey a false
impression as to its origin;

(a) Any other practice liable to mislead the consumer as to the
true origin of the product.

Where a protected geographical indication contains within it the name of a
product which is considered to be generic, the use of that generic name shall not
be considered to be contrary to sub-paragraphs (a) and (b) of the preceding
paragraph.

Protected geographical indications shall not become generic.


SECTION 10. Implementing Rules and Regulations. - Within ninety (90) days
from the approval of this Act, the Office, in consultation with the concerned
stakeholders shall, promulgate the rules and regulations implementing the
provisions of this Act. The implementing rules and regulations issued pursuant to
this section shall take effect after thirty (30) days after its publication in two (2)

newspapers of general circulation.

ARTICLE IV
MISCELLANEOUS PROVISIONS

SECTION 11. Repealing Clause. - All laws, presidential decrees or issuances,
executive orders, letters of instruction, administrative orders, rules or regulation
inconsistent with the provisions of this Act are hereby repealed or modified

accordingly.

SECTION 12. Separability Clause. - If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby

shall remain in full force and effect.

SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after the

publication in the Official Gazette or in a newspaper of general circulation.

Approved,