Mediation and the Protection of Designs

A couple of months ago, I attended a mediation in the Department of Trade and Industry (DTI) office in behalf of my father's company. My father owns an export company, focusing on products made out of indigenous materials. Most of what we export include baskets and other kinds of furniture, most of which are designed by either local suppliers or our in-house designers. In certain cases, however, our international buyers send their own design, which we give to our suppliers to make. It becomes our company's obligation, as exporter, to protect the design coming from them.

In this particular mediation process with the DTI, our company filed a complaint against one of our suppliers, alleging that they have reproduced the designs of the buyers, and have exhibited and sold them locally. Ensuring the protection of our designs and our buyer's design has always been a problem for our company. We have made a name for ourselves for pioneering the use of a particular indigenous weave and design. However, over time, we saw the propagation of the use of the same weaving style and design. This is not uncommon. How many times have we seen the latest designs, for example, of our fashion designers being sold in its cheap knock-off version in stores from the opposite side of the globe in a matter of only a few days? It is for this reason that our company has become wary of posting our designs on the web or allowing suspicious persons to take pictures of our products during trade shows.

Globalization and the percolation of thoughts and ideas have allowed for our indigenous products to be sold at the international market. But this has come with a challenge to protect our designs from those who take advantage of the latest technology which has allowed for cheating. It is a relief, therefore, that DTI accommodated our request for mediation, especially since mediation in the DTI is usually reserved for disputes involving consumer welfare. I am optimistic that this particular mediation will end well. In any case, it is good to know that certain administrative agencies have taken seriously the fight to protect fashion and furniture designs.