EXECUTIVE ORDER NO. 60
EXECUTIVE ORDER NO. 60 - CREATING
THE INTER-AGENCY COMMITTEE ON INTELLECTUAL PROPERTY RIGHTS
WHEREAS, Intellectual Property
Rights-patents, trademarks and copyrights-have gained universal
importance because of the important role technology plays in
influencing international economics and trade;
WHEREAS, government policies related to Intellectual Property Rights
would have far-reaching economic implications on our trade relations
with our trading partners;
WHEREAS, the recognition and adequate protection of the rights of
inventors, authors, and trademarks owners should enhance the economic
environment needed to attract foreign investments;
WHEREAS, it is the policy of the Government to protect intellectual
properties against infringements, piracy and counterfeiting;
WHEREAS, there is a pressing need to have close coordination among
government agencies responsible for the protection of intellectual
property rights;
WHEREAS, there is a pressing need to come up with concerted efforts in
the policy formulation of the Government in order to effectively combat
piracy and counterfeiting of intellectual property rights;
WHEREAS, the Government is now currently in the process of evaluating
its present laws on intellectual property rights in consonance with its
multilateral and bilateral commitments;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Organization. — There is hereby created an
Inter-Agency Committee on Intellectual Property Rights (hereinafter
called the “Committee”) under the Office of the President.
Sec. 2. Composition. — The Committee shall be
composed of the Secretary of Trade and Industry, as Chairman, the
Secretary of Justice and Secretary of Finance as Vice-Chairman, and the
following as Members: the Chief Presidential Legal Counsel, the
Director of the National Bureau of Investigation, the Chief of the
Philippine National Police, the Commissioner of the Bureau of Customs,
the Chairman of the Videogram Regulatory Board, the Commissioner of the
National Telecommunications Commission, the Chief of the Copyright
Office of the National Library, the Director of the Bureau of Patents,
Trademarks and Technology Transfer, the Director of the Bureau of Trade
Regulations and Consumer Protection, and one representative each from
two major non-government organizations involved in the protection and
promotions of intellectual property rights to be determined by the
Committee.
Sec. 3. Powers and Functions. — The Committee
shall have the following powers and functions:
a.
Recommend policies and coordinate the policy making process in the
Executive Branch of the Government vis-a-vis protection and enforcement
of intellectual property rights;
b. Coordinate
with the different agencies of the Executive, Legislative and Judicial
Branches of the Government in order to effectively address the problem
areas arising from infringement and counterfeiting of intellectual
property rights;
c. Enlist the
assistance of any branch, department, bureau, office, agency or
instrumentality of the Government, including government-owned and
controlled corporations, in the anti-piracy and counterfeiting drive,
which may include the use of its personnel, facilities and resources
for a more resolute prevention, detection and investigation of
violations of laws enumerated in paragraph (d) hereof, and prosecution
of criminal and administrative cases;
d. Cause and
direct the immediate investigation and speedy prosecution of cases
involving violations of copyright, trademarks, patents and other
intellectual property related laws or cases that is referred to the
Committee;
e. Recommend
the transfer of a case involving violations of the laws or statutes
detailed in paragraph (d) hereon from any law enforcement agency or
prosecution office, as the Committee may deem proper and necessary, in
the interest of efficient and expeditious dispensation of criminal
justice, and monitor for speedy resolution such cases under
investigation or prosecution as the case may be, by the appropriate
operating or implementing agency herein provided;
f. Refer, as
the Committee may deem proper and for the same reasons stated in the
preceding paragraph, to the appropriate law enforcement agency or
prosecution office, the investigation or prosecution, as the case may
be, of any of the cases adverted to in paragraph (d) hereof.
g. Monitor the
progress of on-going investigation and prosecution of cases taken
cognizance of by the Committee;
h. Prepare and
implement a fast-track anti-piracy and counterfeiting plan of action
and adopt appropriate strategies and measures to ensure an effective
and efficient anti-piracy and counterfeiting program, and public
adherence to and compliance with all domestic and international laws
for the protection of intellectual property rights;
i. Coordinate
with the appropriate government agencies and non-governmental
organizations an information dissemination campaign on intellectual
property rights and the measures that have to be adopted to address the
issues.
j. Recommend
appropriate intellectual property rights issuances and legislation to
the President and Congress;
k. Consider
the granting of monetary rewards and incentives to informants who are
willing to give vital information to build up cases for the prosecution
of criminal offenders as provided under existing laws; and
l. Perform
such other functions necessary in the pursuance of its objectives.
Sec. 4. Technical and Administrative Staff . — The
Committee shall organize its Secretariat under the Office of the
Secretary of Trade and Industry to be headed by an Executive Officer
designated by the Chairman.
Sec. 5. Funding. — The Committee shall, upon the
recommendation of the Chairman, be provided with an initial budget to
be determined and approved by the President. Appropriations for the
succeeding years shall be incorporated in the budget proposals under
the Office of the President.
Sec. 6. Operating Guidelines. — The Committee
shall adopt such operating guidelines as may be necessary to implement
this Executive Order.
Sec. 7. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 26th day of February in the year of Our Lord, Nineteen Hundred and
Ninety-Three.
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