IPOPHL wants power to shutdown sites infringing on IP rights

MANILA, Philippines — As e-commerce is on the rise in the country with more consumers opting to make purchases through online platforms, the Intellectual Property Office of the Philippines (IPOPHL) wants to be given the power to shutdown sites infringing on IP rights and to require online marketplaces to have an IP policy to ensure IP rights are protected.

IPOPHL director general Josephine Santiago told reporters the rise of e-commerce in the country has posed a new challenge for the agency with various items being sold online, including counterfeit items.

“The thing is, this is a big threat to the IPO,” she said.

As such, she said the IPOPHL is pushing for amendments to the IP Code to be given the power to take down websites which commit violations on IP rights by allowing the sale of fake items.

Aside from the power to stop websites which infringed on IP rights from continuing to operate, Teodoro Pascua, IPOPHL deputy director general for operations, policy and enforcement said the agency wants to have the authority under the IP Code to require online selling platforms to have an IP policy.

“Our proposal is for them (online platforms) to have an IP policy stating they would ensure the genuineness of the products that they release,” he said.

He said the IPOPHL is arranging meetings with other government agencies responsible for e-commerce such as the Department of Trade and Industry, Department of Information and Communications Technology and the National Telecommunications Commission to have a unified position to require an IP policy from online selling platforms.

He said the IPOPHL would also want all the agencies to agree to require those found not to have an IP policy to be registered with either the DTI, DICT or NTC.

While the IPOPHL has discussed with online selling platforms the importance of having an IP policy, Santiago said the websites are not compelled to come up with such because it is not in the law.

She said the IPOPHL would be holding meetings with some members of the House of Representatives and the Senate to push the amendments to the IP Code.

At present, the IPOPHL is working with other agencies which are part of the National Committee on IP Rights (NCIPR) such as the Philippine National Police, Bureau of Customs, National Bureau of Investigation, and the Optical Media Board to enforce IP rights. 

As of end-September, the value of counterfeit items seized by the government hit P17.9 billion, the highest level in the history of NCIPR.

Compared to the P1.9 billion haul in the January to September period last year, the end-September result surged 840 percent.