IPOPHL backs reforms to modernize IP Code

By Francis Allan L. Angelo

The Intellectual Property Office of the Philippines is backing a package of legislative reforms to help Filipino creators, innovators and businesses derive greater economic value from their ideas, brands and products.

In a press release, IPOPHL Director General Teodoro C. Pascua said the proposed reforms, now under consideration in the 20th Congress, are needed to modernize the country’s intellectual property framework nearly three decades after the enactment of the Intellectual Property Code.

“It is only natural that the innovation landscape would change significantly over nearly three decades. In particular, the advent of the internet and the rise of a more discerning consumer base now call for corresponding updates to the IP Code and related legislation,” Pascua said.

The measures include four bills on the governance of geographical indications, three bills expanding site-blocking powers against piracy platforms, and one bill enabling the registration of non-traditional marks.

The proposed geographical indication bills would create a dedicated legal framework for GI governance and strengthen protection for region-specific products.

At present, the Philippine sui generis GI framework is governed by IPOPHL Memorandum 2022-022, or the Rules and Regulations on Geographical Indications, which provides limited avenues for enforcement against infringement.

The proposed GI bills would codify IPOPHL’s provisions on the registration and administration of GIs, define infringement as an offense against the state’s economic interests, and introduce criminal penalties that may be prosecuted independently of stakeholders and other private parties.

IPOPHL is also pushing for amendments to the IP Code that would give the agency direct authority to order the disabling of access to websites and online platforms engaged in copyright infringement.

Under the proposed legislation, IPOPHL would be empowered to directly order the disabling of access to online platforms found to be distributing pirated goods and content.

The move would strengthen the agency’s enforcement capabilities against online piracy.

At present, IPOPHL relies on a voluntary site-blocking mechanism under Memorandum Order No. 2023-025, through which it may request internet service providers to disable public access to infringing content.

Another measure seeks to expand the registration of non-traditional marks, particularly non-visual identifiers such as sounds and scents.

IPOPHL said the measure would give local businesses and creators new tools to protect their brand identity and prevent the misappropriation of distinctive non-visual elements with commercial value.

“These proposed measures form part of a broader, long-term effort to comprehensively modernize the IP Code and, more broadly, IP governance in the Philippines. They are necessary to keep the legal framework responsive to contemporary challenges and improve protection for innovators, creators and rights holders in an increasingly complex IP landscape,” Pascua said.

The reform package gained momentum this week after the House Committee on Trade and Industry approved the measures, subject to amendments.

Pascua emphasized the importance of solidarity in sustaining legislative initiatives that generate long-term benefits to the economy and society.

“The advancement of these measures shows how government institutions can work together for the greater good of creating more opportunities in the present and the future of the ordinary but creative and innovative Filipino,” he added.

The IP Code has undergone a few targeted amendments over the years.

In 2001, Republic Act No. 9150 established a legal framework to protect the layout designs or topographies of integrated circuits.

In 2008, Republic Act No. 9502, or the Universally Accessible and Cheaper and Quality Medicines Act, amended key provisions primarily to improve access to affordable medicines while balancing IP protection.

In 2013, Republic Act No. 10372 introduced the most extensive set of amendments to date, creating the Bureau of Copyright and Related Rights, introducing more robust provisions on copyright enforcement and infringement, and establishing requirements for adopting intellectual property policies in schools and universities.