“No patent, no right”: UP lawyer highlights scientists’ need to protect inventions

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In the ’90s, Dr. Neila Cortes-Maramba of UP Manila led a team of scientists investigating ten medicinal plants in the Philippines. Two of these plants exhibited promising results—one for cough and the other for urinary tract infections. The team patented Vitex negundo (Lagundi) and Blumea balsamifera (Sambong) in syrup and tablet forms, granting them exclusive rights to these medicines.

Today, Lagundi and Sambong are essential remedies for coughs and UTIs, proving lucrative for the pharmaceutical industry. Had they not applied for a patent, UP Manila and its partners would not have earned more than 50 million pesos in remittances through royalties and licensing fees, nor would they have been able to claim the invention as their own and would leave it vulnerable to idea theft.

If inventions and creations are not patented, “it belongs now to the public domain where anyone can reproduce or manufacture it,” Atty. Josephine R. Santiago of the UP Diliman College of Law said at the 7th session of the iStories webinar, hosted by the University of the Philippines – Diliman College of Science. Atty. Santiago is an award-winning intellectual property (IP) expert who served as the Director General of the Intellectual Property Office of the Philippines (IPOPHL).

Failing to patent inventions exposes them to the public domain, allowing anyone to reproduce or manufacture them. (Photo credit: Eunice Jean Patron)

A patent, as a form of IP, provides the inventor exclusive rights to their creations. “The right of a patentee is only to prevent third persons from manufacturing, offering for sale, using, selling, or importing the invention,” Atty. Santiago explained. “It is not to make the invention, but to prevent others.” She added that, when multiple inventors unknowingly created the same invention, the first to file the patent secures the rights to it.

UP Diliman has successfully patented various inventions, such as CoaTiN, a coating technology that uses titanium nitride to extend the lifespan of metallic tools, developed by Dr. Henry Ramos of the National Institute of Physics (NIP), and an amebiasis detection kit that quickly identifies the disease using saliva, invented by Dr. Windell Rivera, Dr. Angeline Odelia Concepcion, and Dr. Alexander Edward Dy of the Institute of Biology (IB).

Patents not only benefit inventors but also stimulate innovation and improve existing products. Applying for patents requires detailed explanations of how the invention works. This information becomes publicly available upon patent approval, allowing other inventors to draw inspiration from or enhance the patented work.

Atty. Santiago also touched upon the other three types of IP: trademarks, which protect identifying symbols and expressions; copyright which grants rights from the moment of creation; and trade secrets, which safeguards valuable confidential information.

She will also discuss harnessing IP for innovation in another iStories session.

By: Harvey L. Sapigao

iStories is a series of monthly innovation-themed talks, storytelling, and activities featuring local and international scientists. The initiative aims to ignite the creativity and inventiveness of young scientists not just from UPD-CS but also from other institutes inside and outside of UP.

Taytay passes landmark ordinance to protect children's health

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 Taytay Councilors partner with law group ImagineLaw to advance a policy measure that protects children in the municipality from harmful food advertisements. Ordinance No. 2307-036 or ‘An Ordinance to Protect Children from the Harmful Impacts of Food and Beverage Marketing passed the final reading on January 17.

The local government of Taytay, Rizal yesterday passed an ordinance that restricts child-targeted marketing of ultra-processed food and beverages within the municipality, in a bid to protect children from obesity and other diet-related health risks.

Ordinance No. 2307-036 or An Ordinance to Protect Children from the Harmful Impacts of Food and Beverage Marketing’, introduced by Councilor John Tobit Cruz, prohibits advertisements of food high in fat, salt, or sugar, in child-centered settings such as school zones, playgrounds, parks, and family mall areas.

"This is a win for children’s health,” said Tobit Cruz during the final reading of the ordinance. “We commit to creating an environment where our children can grow up healthy and easily pursue healthy eating habits, starting with this policy,” Cruz added.

Exposure of children to advertisements featuring ultra-processed food is linked to the increased consumption of such foods and associated risks of obesity, according to a study by the United Nations Children’s Fund (UNICEF).

“We laud Taytay for being the first municipality to advance this landmark health policy. This measure aligns with the broader national and global efforts to combat childhood obesity and promote healthier lifestyles among children,” said Atty. Sophia San Luis, Executive Director of ImagineLaw, the local government’s partner in drafting the ordinance.

One in every seven Filipino school-aged children is obese or overweight, according to a 2021 study of the Department of Science and Technology Food and Nutrition Research Institute (DOST-FNRI).


“We hope that this policy serves as a model for other municipalities and cities seeking to protect the health of their children,” she added.


Local task force to end harmful food and beverage marketing to children

To enforce the ordinance, a local task force of Taytay government officials will be formed to focus on monitoring food and beverage advertisements within the municipality, and assisting establishments to comply with the new regulations.

Violators of the ordinance will face a fine of PhP 2,500.00 and will be required to take down advertisements that violate the regulations.

The task force will also lead efforts to assist the community to promote healthier food choices among children and families.

“Taytayeños can anticipate more proactive and sustainable programs that prioritize children’s health through this policy win,” Coun. Cruz added.

Scents of caution: BAN Toxics alert on imitation and counterfeit perfumes and fragrances

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Toxic watchdog group BAN Toxics is issuing a public warning about the rampant sale of imitation and counterfeit perfumes and fragrances in the market, cautioning consumers against potential health risks associated with the chemicals in these products.

In a recent market monitoring effort, the group documented ambulant vendors peddling cheap imitated perfumes and fragrances priced between P50 to P180. These counterfeit perfumes closely mimic the packaging and labels of well-known brands, making them appealing to consumers.

Perfume and beauty products rank second as the most counterfeited goods in the Philippines next to apparel in 2022, according to the total reports and complaints received by the Intellectual Property Office of the Philippines.

Thony Dizon, Toxics Campaigner of BAN Toxics, emphasized the risks associated with purchasing cosmetic products with fragrances lacking proper authorization, stating, “Buying perfume and fragrances that have not undergone proper authorization is not only too risky but may expose consumers to harmful substances lurking in the products.”

According to information sourced from the Environmental Working Group (EWG) Skin Deep® Cosmetic Database, the term “fragrance” on the label of cosmetics products conceals an undisclosed mixture of various scent chemicals and ingredients of 3,163 known chemicals. Notably, phthalates, octoxynols, and nonoxynols are highlighted as particularly toxic. Phthalates, commonly used as solvents and stabilizers in perfumes, are identified as potent hormone disruptors linked to birth defects in baby boys. Octoxynols and nonoxynols can break down into persistent hormone disruptors as well.

Potential hazards may arise from ingredients prohibited in cosmetic products or from contamination by heavy metals. The use of substandard and possibly adulterated cosmetic products may lead to adverse reactions such as skin irritation, itchiness, anaphylactic shock, and organ failure.

The Food and Drug Administration (FDA) issued health advisories against using unauthorized cosmetic products such as perfumes, cautioning consumers against purchasing and using them. The agency emphasizes that products bypassing the notification process prevent its ability to guarantee their quality and safety, potentially exposing consumers to health risks.

“As part of our safe cosmetics campaign, we’re committed to monitoring and reporting the unauthorized sale of unregistered and unnotified personal care products in both on-site and online markets. To protect human health and the environment from chemical exposure is our advocacy,” Dizon added.

In a letter sent to the FDA, BAN Toxics urges the agency to conduct Post Marketing Surveillance and testing on imitation and counterfeit perfumes and fragrances. Because of the dangers to the public, the group calls for the issuance of public health advisories and stringent enforcement actions to protect consumers from undisclosed health-damaging chemicals in fragrance products.



Meanwhile, the public is urged to verify whether a product has been notified with the FDA, using the FDA Verification Portal, accessible at https://verification.fda.gov.ph.



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References:

FDA Advisories:

https://www.fda.gov.ph/wp-content/uploads/2022/06/FDA-Advisory-No.2022-1187.pdf

https://www.fda.gov.ph/wp-content/uploads/2022/09/FDA-Advisory-No.2022-1670.pdf

Environmental Working Group:


https://www.ewg.org/news-insights/news/3163-ingredients-hide-behind-word-fragrance

https://www.ipophil.gov.ph/news/counterfeiting-and-piracy-reports-complaints-decline-in-2022/