The Coming out of Our Generation’s Innovators
The
Coming out of Our Generation’s Innovators
“Without tradition, art is a
flock of sheep without a shepherd. Without innovation, it is a corpse.”
In
the eyes of my generation, our world today is incomparable to that of the times
of our parents’, more so our grandparents’. The world that was portrayed in
books and more importantly the world that was taught to us by our educators has
far been long gone. The days of “swimming by the river” or “fishing beside the
river walk” are phrases we only read in books or perhaps they come in a form of
a dream drawn in our ideals. Indeed, this world of ours today is so different
that even in the smallest of things, there exists an explanation, may it be in
form of science or written in history. As such, the enhancement, or to look at
in Labor Law perspective, the production of new inventors, researchers,
scientist and the like are being encouraged and given utmost importance in our
society.
In
the television series “The Innovators:
The Men Who Built America”, a series which focused on primarily in the persons of Cornelius Vanderbilt, John D. Rockefeller, Andrew Carnegie, J. P. Morgan and Henry Ford and how they brought change to America. This
interesting television show brought my interest to read up on the backgrounds
of these abovementioned noble men. While it is fascinating to learn of the
millions of dollars they have at the time when there only a handful of people
in the world with identical bank accounts as them, what seems to be more
mesmerizing and interesting is the fact that they have brought some things in
this world that up until today are of use.
These
above mentioned individuals and their descendants are still probably harvesting
the fruits of the seeds planted by these men up to today. Harvesting in this
sense means owning and by that, I mean owning tangible things or matters handed
down to them from their ancestors. When we speak of tangibles, in college, as
Sociology and Anthropology Major, tangibles are understood as things which can
be seen or touched or better yet these are things which can occupy space. These
tangibles as provided for by our laws are capable of ownership[1].
Ownership is a concept where in which people, who exercise ownership upon
certain things, exhaust obligatory efforts towards the thing owned. In addition,
under Philippine laws, an obligation is a juridical necessity to give, to do or
not to do.[2]
Moreover,
in a realistic scheme of things, an individual can only do so much as there are
physical constraints on certain circumstances. For instance, the obligation of
an individual in protecting his/her things or valuables extends only until his
physical limitation. That is the reason why we have laws enacted to protect the
people from the evils of society. The Revised Penal Code for one exists for the
determination and implementation of acts prohibited and acts criminalized,
providing as well the penalties of the same. This comes also in accordance with
the paramount duty of the State to protect its people. With this in mind, it is
also important to point out, on a greater scheme of things that our
Constitution, which is the paramount law on the land, provides that “No person
shall be deprived of life, liberty or property without due process of law, nor
shall any person be denied of the equal protection of the law.”[3]
With
this in mind, to stress the gist of Section 1 of the Bill of Rights, it is the
duty of the State to protect its people and the entirety of the things which
rightfully and lawfully belongs to them. To go back to the television series “The Innovators: The
Men Who Built America”, it was shown therein that the men involved in
creating the “New World” as they call it or, America, namely; Cornelius Vanderbilt who was known
for establishing railroads; John D. Rockefeller who was known as a business tycoon primarily in the
petroleum industry; Andrew Carnegie was known for his production of steel; J. P. Morgan a man who dominated the financing industry; and Henry Ford who founded the Ford Motor Company. Despite having a diverse
industrial commitments between these above mentioned men, the demands of
innovation carries with it an obligation to create market for completion. In fact,
these men, were not only portrayed as pioneer innovators, it was also shown
that they were each other’s competitors in business.
In that show, it was
portrayed that these men seek for the government’s protection over their
respective businesses to maintain their status and wealth. Placing this scenario
in our world today, as a student of the legal profession, what these pioneering
men have done are clearly criminal in a sense that they give money to certain
politicians to remain in power, this was one of the things emphasized by the
television show on how these men stayed on top of their game.
Supposing that
what was depicted in the show bares absolutely all facts. In the Philippines,
today, the system of staying in power is unlike to that of the doings of the
men in the mentioned television series. In the portrait on how politics goes in
this country, it seems like politicians themselves are all in one as compared
to the deeds JD Rockefeller, et al. this means that our politicians run for
office, to protect their businesses and/or properties and to stay in power.
However, let us not drift into our topic and delve into discuss things need not
be spoken as this is beside the point.
Going back to the
importance of protection of life, liberty or property in our Philippine
Constitution, one might say that our existing laws primarily protect things
that are tangible. But the answer really to the herein criticism is, NO. Because
we have existing laws which protects the intangibles possessed, studied, and/or
discovered by an individual in the society. Intangibles herein are understood
as things that can neither be seen nor touched but exists due to the
intellectual functions of man. These intangibles today are like that of the
reproduction and documentation of the tangibles that changed the world which
are brought by the above mentioned noble men. These intangibles that our men
and women today possess, these are the same intangibles that would innovate our
country or even the world. And these same intangibles need protection from the
evils minds of the society. The very intangibles we discuss herein are that of
Intellectual Property of a person and how it has become the very tool to today’s
innovation.
To deeply emphasize the significance and value of
Intellectual Property more specifically on “Intellectual Property Rights” on
the innovation, not only here in our country, but also looking at it on a rationalistic
point of view with respect to the world economic industry. This paper aims to
present that the importance given as well as the implementation of statues with
respect to intellectual property need be strengthened in our country. Also, on
a cultural stand point, the need to have a more disciplined men clothed with
proper effects of the law will briefly be discussed. And lastly, this paper
also aims to demonstrate a more innovative intellectual property system within
our country with the aid of the ASEAN Integration in accordance with the goal
of the Association of Southeast Asian Nations (ASEAN) progress.
To stress the significance that the State provides of the
above mentioned innovations, article 14 of the 1987 Philippine Constitution
provides under:
Section 10.
Science and technology are essential for national development and progress. The
State shall give priority to research and development, invention, innovation,
and their utilization; and to science and technology education, training, and
services. It shall support indigenous, appropriate, and self-reliant scientific
and technological capabilities, and their application to the country’s
productive systems and national life.
Section 11. The
Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to
deserving science students, researchers, scientists, inventors, technologists,
and specially gifted citizens.
Section 12. The
State shall regulate the transfer and promote the adaptation of technology from
all sources for the national benefit. It shall encourage the widest
participation of private groups, local governments, and community-based
organizations in the generation and utilization of science and technology.
Section 13. The
State shall protect and secure the exclusive rights of scientists, inventors,
artists, and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such period as may
be provided by law.[4]
In
addition, to encourage local inventors or our very own innovators, the lawmakers
enacted Republic Act No. 8293 or the “Intellectual
Property Code of the Philippines” The goals set forth for the enactment of
this said law is that; The State
recognizes that an effective intellectual property and industrial property
system is: (1) vital to the development of domestic and creative activity, (2)
facilitates transfers of technology, (3) attracts foreign investments, and (4)
insures market access for our products. It further provides that intellectual
property bears social function.[5]
With this
in mind and without any doubts cast in the above mentioned concept which states
that the intangibles are like that of the tangibles brought by men foresaw the
need of modernization in the future and provided a chance for the world to make
use of their hard work, their study and of course the work of their
intellectuals. As such, exerting utmost effort in delving into the scope of
Intellectual Property Rights must be first addressed. The term “intellectual
property rights” has a statutory definition as that consisting of; (a)
Copyright and Related Rights; (b) Trademarks and Service Marks; (c) Geographic
Indications; (d) Industrial Design; e) Patents; (f) Layout Designs of
Integrated Circuits; and (g) Protection of Undisclosed Information.[6]
With the
scope of intellectual property being layout, it is evident to point out that
these measures are set forth to encourage local innovators and/or to make use
of the Filipino minds and compete against the more technologically advanced
nations in the west. However, it is somewhat disheartening to see and actually grasp
in reality our country, is a melting pot of people supporting and encouraging
the production of counterfeited or infringed products. The cultural cancer
which generations of Filipino suffer because of the effects of colonization has
left us. As evidenced by our government regulated establishments in the likes
of Divisoria and Greenhills and many other places in the country where retail
and reproduction of counterfeited or infringed products is in a way being
donned. The admiration of sporting western sounding brands must be further researched
in order for solutions to be presented and that efforts delve into the
promotion of Intelectual Property Rights by our leaders would not be put to
waste.
In my own
personal opinion, to give due respect to the bright minds who have created
their products with their very own hard work, our government, as one of the
basic elements of the State, shall strictly implement enacted laws even to the
pettiest deed. With this, not only the retailers or the illegal producers may
be held liable but the same also applies to its practitioners. Also, in
relation to this seemingly cultural cancer of western admiration, the
Intellectual Property Office, the administrative agency which exercises discretional
duties over intellectual property related issues, shall exercise an iron fist
in the guardianship of our own innovators, as well as internationally.[7]
SECTION
3. International Conventions and Reciprocity. — Any person who is a national or
who is domiciled or has a real and effective industrial establishment in a
country which is a party to any convention, treaty or agreement relating to
intellectual property rights or the repression of unfair competition, to which
the Philippines is also a party, or extends reciprocal rights to nationals of
the Philippines by law, shall be entitled to benefits to the extent necessary
to give effect to any provision of such convention, treaty or reciprocal law,
in addition to the rights to which any owner of an intellectual property right
is otherwise entitled by this Act.[8]
With this
in mind, it is also evident at this point to grasp the influence played in by
the Association of Southeast Asian Nations (ASEAN) in furthering the improvement
of Intellectual Property (IP) in this region of the globe. Intellectual Property
(IP), in the sense that human brain operates timelessly regardless of the breed
or race you belong. As such, the
ASEAN Intellectual Property Right Action Plan 2011-2015 was formulated to meet
the goals of the ASEAN Economic Community (AEC) by transforming ASEAN into an
innovative and competitive region through the use of IP for their nationals and
ensuring that the region remains an active player in the international
intellectual property community. ASEAN will move towards the agreed goals as a
region even while preserving its diversity, without compromising the varying
levels of development of Member States, but charting for the region a unique
brand of an ASEAN Intellectual Property System. To achieve the 2015 goal of economic
integration, the ASEAN Working Group on Intellectual Property Cooperation will
build on past accomplishments, intensify the level of cooperation among ASEAN Member
States by building on each other’s strengths, and continue partnering with
organizations and institutions in order to move forward collectively towards a
single direction, albeit at varying paces.[9]
Given
the rapid expansion of international norms and cross-cutting concerns in intellectual
property, ASEAN needs to craft an approach that takes into account the diverse
needs and varying levels of capacity of its Members States, in the context of
broader societal interests and especially development-oriented concerns to
contribute to the promotion of knowledge creation, technological innovation and
transfer, business generation in a manner conducive to the welfare of the
region, among others. ASEAN needs to keep track of international developments
in IP and determine what best practices can be adopted at the regional level. This
Action Plan identifies strategic goals that will contribute to the collective transformation
of ASEAN into a competitive region with the use of intellectual property. With
this new plan, ASEAN will work towards economic integration through intensified
cooperation, with ASEAN Member States acting as leads for initiatives that will
be more focused and with specific deliverables that will move the region closer
to its goal. The ASEAN Working Group on Intellectual Property Cooperation will
ensure ownership and accountability by ASEAN Member States of the projects to be
undertaken and heightened collaboration in the implementation of regional
activities and projects.[10]
Having
said these, the ASEAN initiative of creating a unique intellectual property
system that can go hand in hand with the systems of the more advanced regions
around the globe and aiming to make a more updated and accessible system
between the ASEAN Member States creates a more encouraging field for each
members new innovators. With the aid of the ASEAN Intellectual Property Rights
Action Plan of 2011-2015, the iron fist guardianship by the Intellectual
Property Office of the Philippines will surely be in grasp. With proper
application of both Republic Act No. 8293 and the steps provided for by the
said plan which primarily focuses on the following:
Strategic Goal 1:A balanced IP system that takes into account the
varying levels of development of Member States and differences in institutional
capacity of national IP Offices to enable them to deliver timely, quality, and
accessible IP services to promote the region as being conducive to the needs of
users and generators of IP.
Strategic Goal 2: Developed national or regional legal and policy
infrastructures that address evolving demands of the IP landscape and AMSs
participate in global IP systems at the appropriate time.
Strategic Goal 3: The interests of the region are advanced through
systematic promotion for IP creation, awareness, and utilization to ensure that
IP becomes a tool for innovation and development; support for the transfer of
technology to promote access to knowledge; and with considerations for the
preservation and protection of indigenous products and services and the works
of their creative peoples in the region.
Strategic Goal 4: Active regional participation in the international
IP community and with closer relationships with dialogue partners and institutions
to develop the capacity of Member States and to address the needs of
stakeholders in the region.
Strategic Goal 5: Intensified cooperation among AMSs and increased
level of collaboration among them to enhance human and institutional capacity
of IP Offices in the region.[11]
Having
provided these, it is important to note the specific mention of the aim of
commercialization of intellectual property in the region in accordance with the
trend in the Intellectual Property Economy. To exemplify the scenario in the television
series “The Innovators: The Men Who Built America”,
the noble men mentioned in the herein show were not only pioneers in their
respective industrial commitment but they are also competitors as to each other’s
businesses. Hence, the strengthened effort exhausted by the Intellectual
Property Office with the aid of the ASEAN Intellectual Property Plan, in levelling
the commercial ground for innovators who have enjoyed the fruits of their
efforts as well as to those that would be acknowledged as innovators in the
future in order for them to give people a chance to make use of every piece
that has been in the minds of each individuals.
As such,
with the proper implementation and application of these mentioned guidelines as
well as the respect given to the law, this unique intellectual property system
with respect to the rich diverse cultural backgrounds of the countries in this
region, the protection and nurturing of new Filipino innovators will be
properly accorded.
Moreover,
to finally analyse the point of this mentioned efforts both nationally and internationally,
in my own personal opinion. The devil that pulls this brightly studied method
of innovation in on its very detail. It is in the person who carries out in
himself the proper actions in society and refrains from crossing the line between
right or wrong. The very solution that is needed is to cure the cultural cancer
of western admiration to further strengthen the encouragement for local
innovators and giving us a taste of the creations of their minds.
Rufino Samuel R. Mantos III
2012-0596
Atty. Berne Guerrero
[1] Art. 721, New Civil Code of the
Philippines.
[2] Art. 1156, New Civil Code of the
Philippines.
[3] Art. 3, Sec. 1 of the Bill of
Rights, 1987 Philippine Constitution.
[4] Art 14, sections 10-13 of the
1987 Philippine Constitution.
[5] Sundiang, Jose R. and Timoteo
Aquino “Reviewer on Commercial Law”,
Rex Bookstore, Manila, Philippines 2011 Edition.
[6] Salao, Ernesto C. “Essentials of Intellectual Property Law: A
Guide Book on Republic Act No. 8293 and Related Laws” Rex Bookstore,
Manila, Philippines, Second Edition 2013.
[7] Sundiang, Jose R. and Timoteo
Aquino “Reviewer on Commercial Law”,
Rex Bookstore, Manila, Philippines 2011 Edition, 474.
[8] Section 3, Republic Act No. 8293.
[9] ASEAN Intellectual Property
Rights Action Plan 2011-2015
[10] Ibid.
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