The Intellectual Property Office of the Philippines (IPOPHL) is seeking to amend the 27-year old Intellectual Property (IP) Code to respond to technological advances which have created new challenges in protecting and enforcing IP rights in the country.
In a media briefer, IPOPHL said it has proposed to increase penalties on IP rights violations to deter counterfeiting and piracy particularly those acts that endanger life and health.
Changes in the code, it said, will also enable the Philippines comply with its international commitments such as the protection of sound marks as provided in the Regional Comprehensive Economic Partnership Agreement.
IPOPHL said the limited function of IPOPHL has made it a challenge to adequately address IP rights violations.
The agency proposed to strengthen the enforcement power of IPOPHL and to expand the Enforcement Office to a full- blown bureau.
IPOPHL also said the outdated and “slap on the wrist” penalties and fines need to increased.
It noted the need to include solidary liability on IPR violations of manufacturers, distributors, and sellers of counterfeit and pirated goods, including online platforms, and social media platforms.
The agency pushes for site-blocking bills filed in Congress, which will strengthen the enforcement functions of IPOPHL.
This will will allow it to gather intelligence, conduct investigations, and develop measure to deter counterfeiting and piracy, serve and execute administrative orders, issue notice or warning, among others.
The amendments will also introduce provisions allowing for preventive action on online infringement. This gives IPOPHL the power to issue an order to disable access to an online location.
The site blocking bill proposed by Rep. Joey Salceda has passed third reading in May 2023.
At the Senate, the technical working group discussions on the site blocking bills have started last April under the Senate Committee on Trade.
One of the proposed comprehensive amendments proposed by the bills grants IPOPHL stronger enforcement functions.
This means it can issue temporary and permanent blocking orders, take down orders, cease-and-desist or disable access orders to intermediary service providers, domain name registries and registrars, online intermediaries, online platforms and social media platforms.
