IPOPHL proposes inclusion of online violations in IP laws

MANILA, Philippines — The Intellectual Property Office of the Philippines (IPOPHL) is revising its enforcement rules by expanding its coverage to include violations of IP laws online.

In a statement, IPOPHL said it has proposed to expand the coverage of the rules to include enforcement against the sale, distribution, streaming, broadcasting, and other steps to make counterfeit goods and pirated content available to the public online.

IPOPHL’s proposed revisions to the enforcement rules also include permanent takedown, blocking, and removal of the infringing online sites or accounts; a cease and desist order and an order to remove counterfeit and pirated goods from digital and/or electronic platforms or physical establishments.

Current rules and regulations in the exercise of IPOPHL’s enforcement functions and visitorial power do not cover IP rights infringement activities conducted online.

By revising the rules, IPOPHL Enforcement Office (IEO) officer-in-charge director Ann Edillon said the IEO could take down posts offering for sale counterfeit products through a warning notice and compliance order directed to the platform, following an administrative complaint for counterfeiting or piracy.

“The way to go about it would depend on facts before the IEO. We may order the immediate blocking of a seller, but we will not necessarily do that all the time. However, we will definitely always call the platform to immediately exercise its IP policy aside from possibly directing it to remove an infringing post,” she said.

“Where there is violation of, or resistance to an IEO order issued in relation to an administrative complaint, IEO can file a case before the pertinent local government unit or the Department of Trade and Industry for the cancellation of the violating seller’s business permit,” she said.

Through the expanded coverage of enforcement rules, Edillon said IPOPHL can ask the National Telecommunications Commission (NTC) to remove access to an IP rights violating site without stepping on its regulatory jurisdiction.

“The fact that NTC will be bound by IPOPHL’s order of a takedown on the basis of IP rights violation will give teeth to our enforcement authority. We hope our efforts here will be complementary to laws which may be promulgated which affect enforcement against online infringers, such as the Internet Transactions Bill currently before Congress,” she said.

She said the power to shut down sites with IP rights violations is needed now amid rising cases.

Piracy accounted for the bulk or nearly a fifth of the 21 IP rights violation reports IEO received in March or at the start of the community quarantine.

Apart from stepping up efforts against online piracy, the revised enforcement rules also seek to make the filing of reports and complaints at the IEO more efficient.

IPOPHL conducted a consultation for the proposed revision of the rules late last month.

Brand owners and law firms representing IP rights holder-clients part of the consultations welcomed IPOPHL’s effort to make the enforcement rules relevant to recent e-commerce developments.