IPOPhl-NCIP Joint Administrative Order No. 01-2016 ‘Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of Indigenous Peoples and Indigenous Cultural Communities

The IPOPhl-NCIP Joint Administrative Order No.1-2016 was issued by the Intellectual Property Office (IPOPhl) and the National Commission on Indigenous Peoples (NCIP) in 2016. Considering certain limitations of protection and requirements for registration, which Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs) may not be able to comply with under the IP Code and which are not consistent with the concept of community intellectual rights under the Indigenous Peoples Rights Act, the joint administrative order provides for the recognition of full ownership, control and protection of ICCs’/IPs’ community intellectual rights. Compliance by the intellectual property right applicant requires free and prior informed consent and disclosure of the use of any indigenous knowledge systems relating to genetic resources, including indigenous knowledge associated with wild/indigenous plants and food, traditional varieties, and landraces of ICCs and IPs, in intellectual property rights applications filed with IPOPhl. The NCIP is responsible to establish an IKSP registry, which shall be made available to the IPOPhl for use in the examination of intellectual property rights applications. The Joint Administrative Order will provide for capacity development of ICCs/IPs to enhance the protection and management of their intellectual property rights and Indigenous Knowledge Systems and Practices.