Department of Trade and Industry (DTI) Regional Director Juliet Lucas has called on Local Government Units (LGUs) to protect local designs by registering them with the Intellectual Property Office of the Philippines (IPOPHIL). Lucas made this appeal during the Tatak Pinoy Expo, emphasizing the need for cultural preservation through legal measures.
Her remarks come in response to the growing issue of local attire being misappropriated or refashioned for purposes beyond their traditional design. However, no formal guidelines currently exist on how these cultural items should be used.
“This must really be addressed because there are many cases of misappropriation,” said Lucas. “We also need to document our culture—who owns that culture—and ensure that it is registered with IPOPHIL,” she added.
Lucas stressed that LGUs should take the lead in registering the cultural properties and designs of tribal communities in their jurisdictions, including traditional attire designs.
During the Tatak Pinoy Forum, Atty. Therese Vilog of IPOPHIL highlighted the existing Joint Administrative Order (JAO) 2016-01 between IPOPHIL and the National Commission on Indigenous Peoples (NCIP). This JAO provides additional regulations on intellectual property rights applications, aimed at safeguarding the indigenous knowledge, systems, and practices of indigenous peoples and cultural communities.
Atty. Vilog explained that IPOPHIL has revised its application forms to include a requirement for the disclosure of the source or origin of the design or invention, especially if genetic resources, traditional knowledge, or cultural expressions were involved. Applicants must also submit a statement confirming compliance with the Free, Prior, and Informed Consent (FPIC) process with indigenous cultural communities.
In addition to this, Vilog said IPOPHIL is pushing for the passage of House Bill 3340, which seeks to establish a system for protecting the intellectual rights of Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs).
“One crucial aspect of this bill is the creation of a registry of indigenous knowledge, systems, and practices,” said Vilog. “This registry will help IPOPHIL in examining IP rights applications.”
While awaiting the bill’s approval, Lucas emphasized the urgency of action. “We urge LGUs to claim the designs that belong to their tribes and register them with IPOPHIL,” she said.
“Let us use this platform already to call for action among LGUs to do their part in protecting their claimed culture and traditions, whether that is a form of product, a dance, or whatever we are claiming as our own.”
Lucas also called on LGUs to take further steps by enacting local ordinances. “These ordinances will create guidelines and sanctions against cultural misappropriation,” she concluded. – Carl Taawan
