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Going Global: The Accession of the Philippines to the Hague Agreement

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Going Global: The Accession of the Philippines to the Hague Agreement

Posted | Updated by Insights team:

Publication | Update:

Mar 2024
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The Philippines is anticipated to accede to the Geneva Act of the Hague Agreement within the year. The In...

The Philippines is anticipated to accede to the Geneva Act of the Hague Agreement within the year. The Intellectual Property Office of the Philippines (IPOPHL) is set to implement its provisions by the latter part of this year or early 2025. Industrial design examiners have recently completed training with the Japan Automobile Manufacturers Association (JAMA) and the Japan External Trade Organisation (JETRO), with a principal focus on novelty features in the substantive examination process. At this time, the IPOPHL reports that accession documents are already with the Department of Foreign Affairs of the Philippines. Upon deposit of the accession or ratification instrument with the Director General of the World Intellectual Property Organisation (WIPO), the accession becomes effective within a three-month period.

 

 

Accession to the Hague Agreement is expected to increase the efficiency of the industrial design application process in the international sphere. The streamlined procedure involves a single application, filing in one language (choice of English, French or Spanish), uniform currency for the payment of fees (Swiss Francs) and use of a centralised management system. In the easing of the application process, even independent creators and micro, small and medium enterprises (MSMEs) can seek the protection of their industrial designs with the payment of fees based on a standard fee structure. This is a significant departure from the excessive and costly series of applications required to protect industrial designs in multiple jurisdictions. In preparation for the increased number of filings, the IPOPHL endeavours to integrate its system with the eHague online platform of the WIPO by further improving its administrative arm and information technology infrastructure.

 

The application includes up to 100 designs within the same class of the Locarno Classification. Through the real-time system of the eHague online platform, reproduction of each design is submitted for formal and substantive examination. Further, there must be designation of the jurisdictions where the stakeholders of industrial designs are seeking protection. The application is subject to three types of fees: basic fees for each industrial design, publication fees and designation fees. Upon compliance with requirements as to form and content, the industrial design is registered and protected for an initial period of five years. Subsequently, the WIPO provides for a twofold renewal of the industrial design, having an additional five years for each term. This guarantees at least 15 years of protection, with individual jurisdictions affording protection for longer periods.

 

 

The Transnational Alliance to Combat Illicit Trade (TRACIT) cites the Philippines as the regional leader in the effort against counterfeiting and piracy. In the Southeast Asian region, the Philippines is a significant driving force and  prime model of accomplishment in intellectual property coordination and enforcement. The Philippines has been leading the Working Group on Intellectual Property Cooperation of the Association of Southeast Asian Nations (ASEAN). Under the leadership of the Philippines as chair of the working group, the completion of deliverables notably increased to 75% from 36% in just two years. Further, the Philippines now leads the Asia-Pacific Economic Cooperation’s Intellectual Property Rights Experts Group (APEC-IPEG). The APEC is an intergovernmental forum consisting of 21 economies, including China, Japan, South Korea and the United States. WIPO reports that 85% of all patent applications have been filed in the national intellectual property agencies of these countries. Accordingly,  the accession to the Hague Agreement manifests the national policy and continued effort of the Philippines against international illicit trade, marking its role as a key player in intellectual property financing and economy.

 

 

The single application under the Hague Agreement provides industrial design protection across its 96 member countries. In the ASEAN region, the anticipated accession of the Philippines strengthens its multilateral cooperation with Brunei, Cambodia, Singapore and Vietnam. With this international network, stakeholders of industrial designs are vested with the capacity to venture into national, regional and global market competitions. In 2023, the Philippines has seen a 20% increase in industrial design applications. With the expected influx of applications under the Hague Agreement, the emergence of complex and innovative industrial designs from the Philippines is forthcoming.

 


Find more information on designs in the Philippines in Romulo’s contribution to ICLG - Designs 2024.

 

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Forecast methodology

The future outlook “forecast” is based on a set of statistical methods such as regression analysis, industry specific drivers as well as analyst evaluations, as well as analysis of the trends that influence economic outcomes and business decision making.
The Global Economic Model is covering the political environment, the macroeconomic environment, market opportunities, policy towards free enterprise and competition, policy towards foreign investment, foreign trade and exchange controls, taxes, financing, the labour market and infrastructure. We aim update our market forecast to include the latest market developments and trends.

Forecasts, Data modelling and indicator normalisation

Review of independent forecasts for the main macroeconomic variables by the following organizations provide a holistic overview of the range of alternative opinions:

  • Cambridge Econometrics (CE)

  • The Centre for Economic and Business Research (CEBR)

  • Experian Economics (EE)

  • Oxford Economics (OE)

As a result, the reported forecasts derive from different forecasters and may not represent the view of any one forecaster over the whole of the forecast period. These projections provide an indication of what is, in our view most likely to happen, not what it will definitely happen.

Short- and medium-term forecasts are based on a “demand-side” forecasting framework, under the assumption that supply adjusts to meet demand either directly through changes in output or through the depletion of inventories.
Long-term projections rely on a supply-side framework, in which output is determined by the availability of labour and capital equipment and the growth in productivity.
Long-term growth prospects, are impacted by factors including the workforce capabilities, the openness of the economy to trade, the legal framework, fiscal policy, the degree of government regulation.

Direct contribution to GDP
The method for calculating the direct contribution of an industry to GDP, is to measure its ‘gross value added’ (GVA); that is, to calculate the difference between the industry’s total pre­tax revenue and its total bought­in costs (costs excluding wages and salaries).

Forecasts of GDP growth: GDP = CN+IN+GS+NEX

GDP growth estimates take into account:

  • Consumption, expressed as a function of income, wealth, prices and interest rates;

  • Investment as a function of the return on capital and changes in capacity utilization; Government spending as a function of intervention initiatives and state of the economy;

  • Net exports as a function of global economic conditions.

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Market Quantification
All relevant markets are quantified utilizing revenue figures for the forecast period. The Compound Annual Growth Rate (CAGR) within each segment is used to measure growth and to extrapolate data when figures are not publicly available.

Revenues

Our market segments reflect major categories and subcategories of the global market, followed by an analysis of statistical data covering national spending and international trade relations and patterns. Market values reflect revenues paid by the final customer / end user to vendors and service providers either directly or through distribution channels, excluding VAT. Local currencies are converted to USD using the yearly average exchange rates of local currencies to the USD for the respective year as provided by the IMF World Economic Outlook Database.

Industry Life Cycle Market Phase

Market phase is determined using factors in the Industry Life Cycle model. The adapted market phase definitions are as follows:

  • Nascent: New market need not yet determined; growth begins increasing toward end of cycle

  • Growth: Growth trajectory picks up; high growth rates

  • Mature: Typically fewer firms than growth phase, as dominant solutions continue to capture the majority of market share and market consolidation occurs, displaying lower growth rates that are typically on par with the general economy

  • Decline: Further market consolidation, rapidly declining growth rates

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The Global Economic Model
The Global Economic Model brings together macroeconomic and sectoral forecasts for quantifying the key relationships.

The model is a hybrid statistical model that uses macroeconomic variables and inter-industry linkages to forecast sectoral output. The model is used to forecast not just output, but prices, wages, employment and investment. The principal variables driving the industry model are the components of final demand, which directly or indirectly determine the demand facing each industry. However, other macroeconomic assumptions — in particular exchange rates, as well as world commodity prices — also enter into the equation, as well as other industry specific factors that have been or are expected to impact.

  • Vector Auto Regression (VAR) statistical models capturing the linear interdependencies among multiple time series, are best used for short-term forecasting, whereby shocks to demand will generate economic cycles that can be influenced by fiscal and monetary policy.

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Forecasts of GDP growth per capita based on these factors can then be combined with demographic projections to give forecasts for overall GDP growth.
Wherever possible, publicly available data from official sources are used for the latest available year. Qualitative indicators are normalised (on the basis of: Normalised x = (x - Min(x)) / (Max(x) - Min(x)) where Min(x) and Max(x) are, the lowest and highest values for any given indicator respectively) and then aggregated across categories to enable an overall comparison. The normalised value is then transformed into a positive number on a scale of 0 to 100. The weighting assigned to each indicator can be changed to reflect different assumptions about their relative importance.

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The principal explanatory variable in each industry’s output equation is the Total Demand variable, encompassing exogenous macroeconomic assumptions, consumer spending and investment, and intermediate demand for goods and services by sectors of the economy for use as inputs in the production of their own goods and services.

Elasticities
Elasticity measures the response of one economic variable to a change in another economic variable, whether the good or service is demanded as an input into a final product or whether it is the final product, and provides insight into the proportional impact of different economic actions and policy decisions.
Demand elasticities measure the change in the quantity demanded of a particular good or service as a result of changes to other economic variables, such as its own price, the price of competing or complementary goods and services, income levels, taxes.
Demand elasticities can be influenced by several factors. Each of these factors, along with the specific characteristics of the product, will interact to determine its overall responsiveness of demand to changes in prices and incomes.
The individual characteristics of a good or service will have an impact, but there are also a number of general factors that will typically affect the sensitivity of demand, such as the availability of substitutes, whereby the elasticity is typically higher the greater the number of available substitutes, as consumers can easily switch between different products.
The degree of necessity. Luxury products and habit forming ones, typically have a higher elasticity.
Proportion of the budget consumed by the item. Products that consume a large portion of the consumer’s budget tend to have greater elasticity.
Elasticities tend to be greater over the long run because consumers have more time to adjust their behaviour.
Finally, if the product or service is an input into a final product then the price elasticity will depend on the price elasticity of the final product, its cost share in the production costs, and the availability of substitutes for that good or service.

Prices
Prices are also forecast using an input-output framework. Input costs have two components; labour costs are driven by wages, while intermediate costs are computed as an input-output weighted aggregate of input sectors’ prices. Employment is a function of output and real sectoral wages, that are forecast as a function of whole economy growth in wages. Investment is forecast as a function of output and aggregate level business investment.

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