ABOUT EMMA CARIÑO FRANCISCO

Mrs. Francisco promulgated and authored most of the rules and regulations governing trademarks, inventions, utility models, industrial designs, technology transfer, inter-partes cases, IP violation cases, mediation concerning rights of authors, implementation of the Patent Cooperation Treaty, fees for services and materials provided by the Intellectual Property Office, institutionalization of personnel mechanisms and office procedures and systems, all of which are in effect with minor modifications. Being the first Director General of the Intellectual Property Office (Office of the President of the Philippines) with a term of 7 years from 1998-2004 and the last Director of the defunct Bureau of Patents, Trademarks and Technology Transfer (Department of Trade and Industry) from 1996 to1998, she managed the change in the country’s IP system and the national office charged with implemention of the law. Utilizing information and telecommunications technology as a tool to attain transparency and efficiency in government service, Mrs. Francisco undertook automation of the office covering areas such as : online trademark search, online trademark filing, patent administration, patents database, office management systems including human resource and finance.

Before joining the government, Mrs. Francisco engaged in private law practice with deep experience in civil, criminal, commercial and administrative litigation at the trial and appellate courts and administrative bodies such as the Securities and Exchange Commission and the Court of Tax Appeals, corporate organization/reorganization,  taxation and business acquisition, contract negotiation and preparation, due diligence studies including legal audit, stock transfers, and others. She was legal counsel of a Philippine venture capital company with head office in the USA and a Philippine project development company.

At present, apart from general law practice and IP consultancy,  she is a  part-time faculty member at the Ateneo de Manila University School of  Government and the University of the Philippines Technology Management Center teaching investment laws, bilateral and multilateral inter-country negotiations, incentives laws, corporate governance, IP management, legal issues in technology management, and other topics.  She  also gives lectures in various national fora including the Institute of Judicial Administration attended by judges and other members of the judiciary, and, the Mandatory Continuing Legal Education required by the Supreme Court of the Philippines for lawyers who wish to remain in good standing. Mrs. Francisco is a resource person in national, regional and international circles.

As Director General, Attorney Francisco decided more than 500 inter-partes and IP violation cases. She likewise successfully mediated the cases between the Filipino Society of Composers Authors and Publishers and leaders in Philippine broadcasting industry (ABS-CBN Broadcasting Corporation, and GMA Network, Inc.).

Mrs. Francisco drafted and lobbied for the Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights which was promulgated by the Supreme Court. She lobbied for the creation of a special IPR court although the Supreme Court said that, as of that time, there were not enough cases to warrant the creation of a special court.

Her extensive experience in legislation includes active participation in the preparation, review, congressional deliberation, and codification of various separate bills on patents, trademarks and copyrights and finalization of the Intellectual Property Code which took effect on January 1, 1998.

Mrs. Francisco spearheaded the membership of the Philippines in the Berne Convention (substantive provisions), the two WIPO “Internet” Treaties (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) and the Patent Cooperation Treaty, all of which are in effect with respect to the Philippines.

Additionally, Mrs. Francisco actively participated in the preparation and passage of the law protecting layout design of integrated circuits, the Optical Media Act, and, the new plant variety protection law.

Under her leadership, the Handbook on IP Enforcement was prepared in cooperation with and circulated among other members of the National Law Enforcement Coordinating Council (NALECC).

She conceptualized, initiated, sought and obtained funding for, and oversaw the project which led to the formulation of the Bureau of Customs’ border protection rules and regulations and led the holding in the Philippines of the training of more than 100 customs officials from various countries with sponsorship of the European Commission under the ECAP programme.

Mrs. Francisco successfully negotiated and implemented the 4-year project for modernization of patent administration with the Japan International Cooperation Agency, the EC-ASEAN IPR cooperation programme, and other bilateral cooperation agreements with foreign patent and trademark offices including Japan, the European Patent Office, China, Korea, United States, and the World Intellectual Property Organization, an agency of the United Nations.

Experienced in local and international (bilateral and multinational) negotiations, she was, among others :

     Delegate
Diplomatic Conference which adopted the so-called “Internet Treaties” (WIPO Performances and Phonograms Treaty, and, the WIPO Copyright Treaty), 1996
     Head of Delegation
Diplomatic conference which adopted the Patent Law Treaty, 2000
     Head of Delegation
TRIPS Council Review of the country’s compliance , 2001
     Delegate
APEC Ministerial Meeting, Vancouver, 1997

 

Experienced in international cooperation, Mrs. Francisco has been, among others:

     Chairman
ASEAN Working Group on Intellectual Property Cooperation (AWGIPC), 1997 to 1999
     Co-Chairman
ASEAN-EU ad hoc Experts’ Group on Intellectual Property, 1997 to 1999
     Philippine Representative
Asia Pacific Economic Cooperation-Intellectual Property Experts Group (APEC-IPEG)
     Chairman
ASEAN Working Group on Intellectual Property Cooperation (WGIPC) – Patents Expert Group

While studying law, Emma worked as a summer apprentice at a law office (Summer 1981) and as a Graduate Assistant at the U.P. College of  Law and at the U.P. Law Center (1979-1982).

Mrs. Francisco’s affiliations include : Intellectual Property Professors and Researchers Organization of the Philippines (IP-PRO Phils) where she is the present President, Integrated Bar of the Philippines-Quezon City Chapter, Philippine Bar Association (Lifetime Member), Alliance Francaise de Manille (where she was Director and Corporate Secretary), Tax Management Association of the Philippines (where she was also Director and Corporate Secretary), Intellectual Property Association of the Philippines (where she was Director), ASEAN Intellectual Property Association, Asian Patent Attorneys Association, Association Internationale pour la protection de la propriété intellectuelle, International Trademark Association (where she has been selected and appointed member of the Trademark Office Practices Committee).

English and Filipino are the primary languages of Mrs. Francisco. She has some knowledge of French and a little of Spanish.

Born on November 5, 1956, she obtained her college and law degrees from the University of the Philippines. In college, she was a scholar of the UP Chemical Society. In law school, she was the recipient of the Vicente de la Cruz Foundation scholarship. She was a member (1979-1982) and the recorder, i.e. secretary, (1981-1982) of the Order of the Purple Feather Honor Society of the College of Law.  Her present academic interests include advanced courses in the French language while taking Master in Development Economics.