The Coming out of Our Generation’s Innovators

The Coming out of Our Generation’s Innovators

“Innovation distinguishes between a leader and a follower.”

-Steve Jobs

“Without tradition, art is a flock of sheep without a shepherd. Without innovation, it is a corpse.”

-Winston Churchill

            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

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[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.

[11] Ibid.