PARTNERS
EMMA CARIÑO FRANCISCO
Senior Partner
Admission to Bar: 1983
EDUCATION:
Master of Laws (International Business and Finance Law) with Certificate in Corporate and Commercial Law and Practice, Bond University-Gold Coast, Queensland, Australia
Juris Doctor, University of the Philippines
Master in Development Economics, University of the Philippines
BA Philosophy, University of the Philippines
Emma Cariño Francisco teaches Intellectual Property Law, Corporation and Revised Securities Act, Succession, Land Titles and Deeds, and Obligations and Contracts in the Juris Doctor program at the University of the Philippines College of Law, the University of Asia and the Pacific Institute of Law, and Manuel L. Quezon University School of Law. She also teaches Legal Issues in Technology Management, Intellectual Property Management, and Technology Acquisition and Assimilation in the Master of Technology Management program at the UP Technology Management Center.
She has also taught in the Master of Entertainment Media program at UA&P's School of Communication and the Master of Public Management program at Ateneo de Manila University's School of Government, and lectures in other programs, including the Mandatory Continuing Legal Education program prescribed by the Philippine Supreme Court.
Her career spans private law practice and nearly a decade of public service, serving as the first Director General of the Intellectual Property Office of the Philippines and, before that, as the last Director of the Bureau of Patents, Trademarks and Technology Transfer.
Atty. Francisco authored at least four and promulgated at least ten of the first IPO-Phil rules and regulations, and decided and mediated contested cases involving patents, trademarks, copyright, technology transfer, and compulsory licensing, among others. She designed IPO-Phil's structure and organization, transferred employees from BPTTT, promulgated rules on IP administration, litigation, and HR and financial management, designed a numerical filing system for monitoring cases, adopted ICT as a management tool, and set up and trained mediators for its mediation mechanism.
She served as Head of Delegation at the Diplomatic Conference adopting the Patent Law Treaty and as Delegate at the Diplomatic Conference adopting the WIPO Internet Treaties (Copyright Treaty and Performances and Phonograms Treaty). She also chaired the ASEAN Working Group on IP Cooperation and the ASEAN-WGIPC Patents Experts Group, co-chaired the ASEAN-EU ad hoc Experts' Group on IP, represented the Philippines at the APEC IP Experts Group, and chaired the Presidential Inter-Agency Committee on IPR.
She negotiated and implemented multilateral and bilateral cooperation programs with organizations including WIPO, ASEAN, the European Patent Office, the Japan Patent Office, the US Patent and Trademark Office, and the Korean Intellectual Property Office.
Her extensive experience in legislation includes : drafting, codification and finalization of the Intellectual Property Code of the Philippines or Republic Act 8293; ratification and implementation of treaties such as the Patent Cooperation Treaty, the substantive provisions of the Berne Convention and the two WIPO Internet Treaties; amendment of the Intellectual Property Code of the Philippines to provide protection of layout design or topographies of integrated circuits. She drafted and lobbied for the Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights promulgated by the Supreme Court as A.M. No. 02-1-06-SC.
Her private law experience includes : civil, commercial and criminal litigation before trial courts, administrative tribunals, appellate courts; corporate governance; venture capital; investment review, negotiation, documentation and closing; intellectual property prosecution, management and strategy; contract negotiation and documentation; legal audit; land titles and deeds; taxation; estate planning and wills. ECF is Mediator at the Court of Tax Appeals per A.M. 18-06-07-SC-PHILJA.
Atty. Francisco was lead local researcher, Study of the Economic Contribution of Copyright-based Industries in the Philippines, World Intellectual Property Organization, published 2008; Update of the Study of the Economic Contribution of Copyright-Based Industries, published 2014; Assessment of Piracy in the Philippines, World Intellectual Property Organization, 2014 (unpublished). ECF was National Consultant, WIPO-funded Compilation of Manuals, Guidelines, and Directories in the Area of Intellectual Property Portfolio Management Customized for ASEAN Member Countries (WITH STUDY OF SUCCESS STORIES) published 2006. She was lead national consultant, Capacity Building for Patent Examiners – An Ideal Training Model, Asean-Australia-New Zealand Free Trade Area Economic Cooperation Work Programme (AANZFTA ECWP).
She is a lifetime member of the Philippine Bar Association, member of the Integrated Bar of the Philippines Quezon City Chapter and the Intellectual Property Association of the Philippines. She is a member of the ASEAN IP Association, Director and Corporate Secretary of the Alliance Française de Manille and the Tax Management Association of the Philippines; member/committee member at the International Trademark Association and the association internationale pour la protection de la propriété intellectuelle; member of the Asian Patent Attorneys Association and the Asia-Oceania Tax Consultants’ Association.
Proficient in English with Filipino as native tounge, Atty. Francisco is interested in the French language for which she holds a Diplôme d’études en langue française niveau B2 issued by the Centre international d’études pédagogiques, Ministère de l’éducation nationale, de l’enseignment supérieur et de la recherche, République Française.