Startup Act Policy Brief-SJC
Startup Act Policy Brief-SJC
Section 3(g) of the R.A. No. 11337 or the Philippine Top 10 Countries
with the Most Startups
Startup Act defines a startup as any person or
registered entity in the Philippines which aims to 80,000
develop innovative products, process, or business
model. It is a young company that innovates
technologies - or applies existing technologies in
innovative ways – to provide a new product or 60,000
Nonetheless, typical challenges among startup The issue of slow processing of intellectual
grantees of government programs include property applications has been persistently
brought out during interviews with a few startup
grantees under the SGF and WHWise programs. POLICY
During the interview with AtoANI in October RECOMMENDATIONS
2023, it mentioned that it filed a patent
application for its AtoANI-ICROP platform on
On Government Startup Grand Fund
01 June 2022, but the said application is still Programs:
pending to date. The same experience was
highlighted by Virtualahan during its interview in 1. Advocate for interagency coordination among
September 2023 for the copyright application of startup funding agencies and other pertinent
its learning management system filed in January bodies responsible for providing documentary
2023. requirements for startup programs through
department administrative orders, memorandum
3. Outdated regulatory measures and circular, and/or ordinances.
accreditation procedures of relevant government
agencies. It is acknowledged that all documentary
requirements for startup programs are
Securing proper accreditation from the reasonably necessary to ensure proper
government encourages public trust as it is disbursement and use of public funds.
presumed that the startup has complied with the Nevertheless, funding agencies, together with
legal requirements and regulations that protect other relevant government agencies, may
public interests. Further, it fosters accountability periodically assess the applicability and
for the performance and conduct of the startup, relevance of these requirements while taking into
among others. While not all startups require consideration the varying nature and capabilities
accreditation, those that voluntarily opted to of startups in the Philippines. For instance, a prior
secure it are having difficulty because of outdated capability assessment may be conducted to
regulatory measures. determine which seminars under the TBI Program
are to be attended by startup grantees.
In the case of Twala, it faced challenges in
obtaining accreditation from the Department of Moreover, the DOST, DTI, and DICT should
Trade and Industry (DTI) as a digital signature engage in interagency and policy coordination
platform using blockchain technology, with LGUs, and other relevant government
despite the principle of technology neutrality agencies to expedite the application process and
under R.A. No. 8792 or the Electronic issuance of documentary requirements. It is
Commerce Act of 2000 and other issuances of crucial to ensure proper and timely compliance
DOST and DTI. Similarly, Virtualahan, with the Ease of Doing Business Law and Efficient
encountered difficulties in obtaining accreditation Government Service Delivery Act of 2016. This
from the Technical Education and Skills law enjoins government agencies to promptly
Development Authority (TESDA). TESDA’s process applications and transactions.
requirement for actual office space for the Streamlining the requirements and procedures
conduct of training and seminars posed a hurdle, makes the programs more accessible to startups,
notwithstanding the full digital nature of encouraging their participation and ultimately
Vitualahan’s business operations. fostering increased competition and more
innovative ideas among applicants. Further, challenges. This upholds Sec. 16 of the Philippine
startups will save time and resources which can Innovative Startup Act which states that aside
then be allocated to their operational from promotional programs, educational
expenditures. programs regarding startups will also be a
mandate of government agencies.
On Sustainability of Startups:
2. Expand the coverage of the Science and
1. Capacitate and foster the startup ecosystem in Technology Superhighway Program and amend
other regions. relevant provisions of the Intellectual Property
Code through an amendatory legislation to
There is a need to strengthen the startup express a more specified period for review of
ecosystem in other regions to improve their intellectual property applications.
performance in the regional startup ecosystem
rankings and to have more startups coming from The Intellectual Property Office of the Philippines
these regions securing funding from investors (IPOPHL) is intending to implement the Joint
and the government. Moreover, accelerators and Examination Trace Procedure (JET) which will
incubators should serve as champions in bringing fast track the processing of trademark
together all the different stakeholders in their applications by designating senior examiners in
respective regions and jointly implementing determining the registrability of a mark on
programs and activities aimed at boosting their absolute grounds as provided under Sec. 123 of
startup ecosystem. As of date, there are thirty- the Intellectual Property Code. Thus, a trademark
two (32) incubators operating under the TBI application will be published within 30 days
Program of PCIEERD in collaboration with higher to accommodate any opposition and will be
education institutions, each supporting 10-15 deemed registered on the 31st day if there is no
startups per year through technical, business opposition. The DOST or any other Host
development, and marketing assistance, as well Agencies may suggest to the IPOPHIL the
as intellectual property management and legal extension of this procedure to other types of
counselling services. intellectual property applications. Moreover,
IPOPHL, DTI, and DOST executed a tripartite
Moreover, startup grant fund programs of the Memorandum of Agreement in 2020 regarding a
government should be heavily promoted by; (a) project called the “Science and Technology
having a more extensive presence in various Superhighway” that will expedite the processing
social media platforms; (b) forging partnerships of IP applications, particularly industrial designs,
with stakeholders, including but not limited to, utility models, inventions, and trademarks,
government agencies, non-governmental through IPOPHL’s express lanes. Hence, DOST,
agencies, and private companies that share the DTI, and IPOPHL may expand the coverage of
same objective; (c) and engaging with this agreement or execute another agreement
communities in the grassroots level to stimulate that will cover other intellectual property
their interest in startups and eventually cultivate applications such as patent and copyright. Once
the growth of the startup ecosystem throughout adopted, these policy recommendations will form
the Philippines driving innovative ideas aimed at part of the Philippine Startup Development
utilizing science and technology to solve societal Program.
In addition, the Host Agencies may propose that accreditation, and collaborations/partnerships
a specified period for the substantive examination may be brought up as this event engages
of intellectual property applications be reflected in startups, government agencies, and other
the Intellectual Property Code to set proper stakeholders.
expectations on the applicants as to when their
applications will be completed. As observed, the Other Policy Recommendation
Intellectual Property Code only provides for the
period for filing of opposition to an application, but 1. Budding startups should also be provided with
it is silent on other parts of the application synergistic networks to aid them in building and
process. Moreover, such amendment is in protecting their brand.
compliance with the Ease of Doing Business Law
and Efficient Government Service Delivery Act of Access to various service providers,
2016 ordering 3-7-20 day turnaround time for producers, and manufacturers enhances the
simple, complex, and highly technical efficiency of prototype or product
transactions. development. This underscores the need for
relevant agencies to ensure the protection of
3. DOST, DTI, and DICT to execute a joint intellectual property. Host agencies such as
administrative order to help startups lobby for the DOST, DICT, and DTI should guarantee that
amendment of outdated regulatory measures the startups are provided the IP assistance
and provide post funding endorsement by linking and training programs in specific areas of the
startup grantees with other government IP system.
agencies.
The rapid expansion of the Philippines startup
Funding agencies of the programs must ensure community is heavily attributable to various
that startups grantees are properly endorsed to governmental mechanisms providing support
other government agencies, as a testament to in terms of finance, capacity building, market
their credibility and competence, which will aid access, and regulatory and legal assistance,
them in securing accreditation and even foster among others. This corresponds with the
partnerships with government agencies and strategy of the Philippine government of
private institutions alike. promoting technology and innovation to
accelerate its socio-economic growth.
Further, implementing agencies of the Philippine
Innovative Startup Act must support startups in Nonetheless, to accommodate this growth,
lobbying for the amendment of outdated continuous promotional efforts and capacity
regulatory measures to ensure that they are in building activities must be undertaken to
harmony with recent technological encourage innovators in other regions to
advancements. For instance, it may support a establish startups. Moreover, there must be
blockchain startup in its collaboration with the periodic review and/or amendment of
Philippine Accreditation Board of the DTI in government rules and regulations relative to
revising the governing rules on digital signature. startup operation and accreditation which may
The Philippine Startup Week is a potential avenue be accomplished by way of effective
where issues related to regulatory measures, intergovernmental coordination.
References:
1. Section 3, R.A. No. 11337 or the Philippine Innovative Startup Act of 2018
2. Teves, G., Muralla-Palustre, H., Saulo, C., Pajutan, J., Fetalino III, M., Vandenberg, P. (May 2023).
The Philippines’ Ecosystem for Technology Startups. Asian Development Bank. Retrieved 15
November 2023 from: https://www.adb.org/sites/default/files/publication/884641/philippines-
ecosystem-technology-startups.pdf
3. Shewale, R. (September 2023). 100+ Startup Statistics in 2023: Current State, Funding, and
More. Demandsage. Retrieved 12 October 2023 from: https://www.demandsage.com/startup-
statistics/#:~:text=Startup%20Statistics%20Top%20Picks%20(2023)&text=There%20are%20o
ver%20150%20million,of%20market%20demand%20for%20products.
4. Department of Trade and Industry. (2021). Startups. DTI. Retrieved 12 October 2023 from:
https://innovate.dti.gov.ph/wp-content/uploads/2020/07/Startups_draft.pdf
5. PricewaterhouseCoopers (PWC). (2017). Off to a Great Start: The Philippine Startup Ecosystem.
Retrieved 15 November 2023 from: https://www.pwc.com/ph/en/ceo-survey/2017/pwc-qbo-
2017-philippine-startup-survey.pdf
6. Talavera, C. (April 2023). Philippine shaping up as ideal site for startups. Philstar Business.
Retrived 12 October 2023 from:
https://www.philstar.com/business/2023/04/02/2256143/philippine-shaping-ideal-site-
startups#:~:text=Based%20on%20the%20Global%20Startup,Asian%20Emerging%20Ecosyste
ms%20in%20Funding.
7. Gonzales, I. (August 2023). 9 Philippine startups among Forbes Asia’s 100 to Watch. Philstar.
Retrieved 12 October 2023 from: https://www.philstar.com/headlines/2023/08/30/2292394/9-
philippine-startups-among-forbes-asias-100-
watch#:~:text=The%20nine%20Philippine%20companies%20are,sari%20store%20owners%3B
%20Peddlr%2C%20which
8. R.A. No. 8792 or the “Electronic Commerce Act of 2000.”
9. Joint Administrative Order No. 2, Series of 2001, of the DOST and DTI entitled, “Providing
Implementing Rules and Regulations on Electronic Authentication and Electronic Signatures.”
10. R.A. No. 11032 or the “Ease of Doing Business Law and Efficient Government Service Delivery
Act of 2016.”
11. Sec. 123 of R.A. No. 8293 or the “Intellectual Property Code of the Philippines.”
Acknowledgements: Mr. Jeffrey Reyes (TWALA), Ms. Maria Wilvenna Anora (AtoANI), Ms. Rose Villamor
(Virtualahan), Ms. Russell Pili, (Chief SRS-RITTD), Engr. Edward Paul Apigo, Ms. Liezl Sueno of RITTD-
PCIEERD.