Philippines
Fortifying IP Rights in the Digital Age: Advancing Online and Regulatory Protection
IP protection in the Philippines is enforced through specialized courts and IPOPHL regulations, offering remedies like damages, injunctions, and website blocking. Counterfeit goods, especially online, pose challenges, but growing collaborations with e-commerce platforms is strengthening enforcement. As digital commerce expands, proactive IP protection strategies are key to safeguarding creators.
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A. Legal Framework
a. The primary law governing Intellectual Property (IP) enforcement in the Philippine jurisdiction is Republic Act (RA) 8293 otherwise known as “The Intellectual Property Code” (IP Code) and its amendments.
b. The primary regulations governing IP enforcement in the Philippines are the Implementing Rules and Regulations (IRRs) and other issuances issued by the Intellectual Property Office of the Philippines (IPOPHL).
B. IP Enforcement Mechanisms
a. Under the IP Code, rights holders may enforce their rights through administrative, civil, and criminal proceedings.
b. Administrative Proceedings include administrative complaints for violations of the IP Code or IP Laws and the Administrative Enforcement of Intellectual Property Rights (IPRs).
c. Civil Proceedings include Civil Actions for Infringement of IPRs, Unfair Competition, False Designation, and other violations of IPRs as may be defined by law.
d. Criminal Proceedings include Criminal Actions for Infringement, Unfair Competition, and other violations of IPRs.
a. Civil and Criminal proceedings are handled by specialized commercial courts.
b. Criminal cases begin with the filing of a complaint with the Office of the Prosecutor that has jurisdiction over the offense charged.
c. Administrative proceedings are filed with the proper bureau or office of the IPOPHL.
C. Remedies and Penalties
Remedies available for IP infringement include seizure and destruction of infringing materials, recovery of actual or statutory damages, attorney’s fees, and other expenses of litigation, and injunction. For pirate websites, remedies include blocking or disabling access to such websites.
Violators of IP laws in the Philippines may be subject to the penalties of imprisonment and/or a fine, depending on the circumstances of the infringement case and upon the discretion of the court with competent jurisdiction over the case¹.
¹ Sections 84, 170, and 217.1, IP Code of the Philippines
Remedies and penalties provided for under the IP Code are generally enforced by the court. As the case may be, the court may order the seizure and destruction of the infringing materials². Further, the court may award the appropriate damages based on the circumstances of the case³.
² Sections 76, 157, and 216, IP Code of the Philippines
³ Sections 76, 156, and 216, IP Code of the Philippines
D. Alternative Dispute Resolution
“Yes, there are alternative dispute resolution mechanisms for IP disputes. First, there is Mandatory Mediation under the IPOPHL. Under the Amendments to the Revised Rules on Mediation,⁴ which is the latest rules on mediation under the IPOPHL, the following cases shall undergo mandatory mediation:
a. Administrative complaints for violation of IPRs and/or Unfair Competition;
b. Inter Partes Cases;
c. Disputes involving technology transfer payments; and
d. Disputes relating to the terms of a license involving the author’s rights to public performance or other communication of his work.⁵
Second, there is Mediation outside of Litigation under the IPOPHL. The Rules of Procedure for IPOPHL Mediation Outside of Litigation (Rules on Mediation Outside of Litigation), as amended⁶ was also issued to formally extend IPOPHL’s mediation services outside of litigation mediation to resolve IP-related disputes and avoid protracted and costly litigation. These rules shall apply to any dispute involving or related to issues on IP matters⁷. To initiate Mediation Proceedings under the Rules on Mediation Outside of Litigation, the parties in dispute may file a request, via email, with the IPOPHL Bureau of Legal Affairs- Alternative Dispute Resolution Service (BLA-ADRS)⁸
Furthermore, the IPOPHL promulgated the Rules of Procedure for IPOPHL Arbitration Proceedings9 which shall be applicable to the arbitration of IPRs which under the IP Code of the Philippines and/or other existing laws of the Philippines may be submitted for determination where the parties have agreed to submit such disputes to arbitration10.
In 2024, IPOPHL issued its Guidelines for the Accreditation of IPOPHL Arbitration Centers and Arbitrators (Guidelines)¹¹ to further enhance the resolution of IP disputes and cases. Through the Guidelines, the IPOPHL provided for, among others, the qualifications of Arbitration Centers and Institutions and Individual Arbitrators, as well as the process and effects of accreditation¹².
⁴ Section 1 of IPOPHL Memorandum Circular No. 2024-007.
⁵ Section 1, Office Order No. 154 (2010), as amended by IPOPHL Memorandum Circulars No. 2018-008 and No. 2024-007
⁶ IPOPHL Memorandum Circular No. 2019-006 as amended by IPOPHL Memorandum Circular No. 2020-048
⁷ Section 1, IPOPHL Memorandum Circular No. 2019-006
⁸ Section 2, IPOPHL Memorandum Circular No. 2019-006 as amended by IPOPHL Memorandum Circular No. 2020-048
⁹ Office Order No. 61, Series of 2011
¹⁰ Section 2(a), Rules of Procedure for IPOPHL Arbitration Proceedings
¹¹ IPOPHL Memorandum Circular No. 2024-017
¹² Id.
During the South-East Asia IP Mediation Conference held last 11-12 November 2024, IPOPHL’s efforts to promote mediation in resolving IP disputes emerged as best practices and were identified as having potential for adaptation to other Southeast Asian jurisdictions¹². On 2 December 2024, the IPOPHL honored IP mediators and arbitrators in recognition of excellence in alternative dispute resolution. This recognition highlights the importance of the role of alternative dispute resolution mechanisms and how these mechanisms have fostered “a more efficient, accessible, and cost-effective approach to resolving IP disputes.”¹³
¹³ “IPOPHL’s active mediation push gets spotlight in IP Key’s Southeast Asian Mediation Conference”, 18 November 2024, accessed via https://www.ipophil.gov.ph/news/ipophls-active-mediation-push-gets-spotlight-in-ip-keys-southeast-asian-mediation-conference/
¹⁴ “IPOPHL honors IP mediators and arbitrators for excellence in alternative dispute resolution”, 12 December 2024, accessed via https://www.ipophil.gov.ph/news/ipophl-honors-ip-mediators-and-arbitrators-for-excellence-in-alternative-dispute-resolution/
F. Emerging Challenges
According to IPOPHL, in the first nine months of 2024, the market value of IP-infringing goods seized by the National Committee in Intellectual Property Rights (NCIPR) reached an estimated value of PHP 35.24 billion, an amount that surpassed the 2023 record of PHP 26.89 billion¹⁴. The numbers not only signify successes in IP enforcement by authorities but also highlight a great challenge in preventing the production and development of infringing goods.
The proliferation of counterfeit goods online is another challenge. It is hard for rights holders to determine the persons or entities behind the sale of infringing goods since these infringers often hide behind fake accounts, and even if rights holders are able to have the account taken down, another would take its place.
¹⁵ “NCIPR’s seized counterfeits in Jan-Sept 2024 reach record-high”, 24 September 2024, accessed via https://www.ipophil.gov.ph/news/nciprs-seized-counterfeits-in-jan-sept-2024-reach-record-high/
G. Future Trends
With the rapid growth and increasing relevance of online shopping, one way of foreseeing the evolution of IP enforcement in the Philippines is through collaborations with private companies offering online shopping via applications and/or social media platforms. Last 2024, a workshop held by the IPOPHL and TikTok Shop aimed to equip nearly 40 sellers, rights holders and representatives with practical strategies to help them protect their brands on the TikTok Shop platform¹⁶.
¹⁶ “IPOPHL, TikTok Shop share practical tips to protect IP and brand identity”, 8 October 2024, accessed via https://www.ipophil.gov.ph/news/ipophl-tiktok-shop-share-practical-tips-to-protect-ip-and-brand-identity/
The Authors:
Kurt Glen T. Yeung
Managing Partner, SKY LAW
[email protected]
Kurt Yeung assists local and multinational clients in registering, maintaining, and protecting their intellectual property portfolios. He also advises on issues concerning intellectual property and data privacy, reviews technology transfer arrangements, and opposition and cancellation cases before the Intellectual Property Office. He is the current managing partner of SKY Law.
Michael Marlowe G. Uy, FAIADR, MCIArb
Partner, SKY LAW
[email protected]
Mr. Marlowe Uy specializes in civil and criminal litigation, commercial and construction arbitration, and corporate law. He is an accredited mediator for the Intellectual Property Office of the Philippines and is empaneled as an arbitrator in a number of arbitral institutions. Furthermore, he provides strategic counsel on trademark and copyright matters, serving a diverse clientele encompassing multinational corporations and local artists.
Johnet Grace S. Lopez-Tablac
Junior Associate, SKY LAW
[email protected]
Ms. Lopez-Tablac was admitted to the Philippine Bar in 2025. She is an alumna of the University of the Philippines College of Law. Prior to becoming a lawyer, Ms. Lopez-Tablac worked as an educator. She has had a varied experience as a basic education teacher and has worked for and alongside fellow education advocates since 2014. She is currently a Junior Associate at SKY LAW, where she is gaining experience in the field of Intellectual Property Law.”
Disclaimer: The following article is intended for general informational purposes only and should not be interpreted as legal advice by SKY LAW. The viewpoints expressed herein do not represent the official legal stance of any of these firms. Consequently, the firms cannot be held accountable for any actions taken by individuals who use this article for purposes other than those for which it is intended.
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