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NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
of tl;> fiiirr
24 APR 29 PZ:19
SENATE
S. No. 2645
RHCEI.'fOSV
Introduced by Senator MARK A. VILLAR
AN ACT
STRENGTHENING THE POWERS AND FUNCTIONS OF THE INTELLECTUAL 
PROPERTY OFFICE OF THE PHILIPPINES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 8293, AS AMENDED, OTHERWISE KNOWN AS THE 
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
EXPLANATORY NOTE
As technology constantly changes almost every aspect of entertainment and 
creative industries, so must the laws and policies which govern them. For example, 
the production of audio-visual media and their consumption have since rapidly evolved 
that some governmental regulations are deemed ineffectual. The need to update these 
laws echoes the constitutional directive for the State to provide protection and to 
secure exclusive rights of scientists, inventors, artists, and other gifted citizens to their 
intellectual property and creations, particularly when beneficial to the people.
Piracy or the unauthorized duplication of copyrighted content, whether for 
profit or not, poses a fatal threat to these vital industries as it discourages artists, 
producers, and other creatives from making quality entertainment media, and it 
endangers employment which may result in crippling financial loss.
It is important to note that copyright-related industries constitute 7.3% of the 
country's Gross Domestic Product (GDP) and that a study by Media Partners Asia 
revealed that online content piracy during the start of the pandemic and lockdowns 
were at 1 billion pesos potential revenue losses to local video producers, distributors 
and aggregators.


Pursuant to Article 61 of the international agreement of World Trade 
Organization member nations on Trade-Related Aspects of Intellectual Property Rights 
or TRIPS Agreement, it is incumbent for the Philippines as signatory to adopt, enact 
and implement legislations for criminal procedures and penalties to be applied at least 
in cases of willful trademark counterfeiting or copyright piracy on a commerciai scaie.
This bili aims to provide the Intellectual Property Office of the Philippines 
(IPOPHL) with the authority to disable access to online iocations or sites infringing 
copyrighted materials and services, as well as the enforcement powers to prevent, 
investigate and conduct coordinated action on violations of the Intellectual Property 
Code.
Immediate passage of this biil is earnestly sought.
MARK A. VILLAR


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
.li
of tt)f r • •
24 APR 29 P2:19
RliCEIVtDBV: 
/|/
SENATE
S. No. 2645
Introduced by Senator MARK A. VILLAR
AN ACT
STRENGTHENING THE POWERS AND FUNCTIONS OF THE INTELLECTUAL 
PROPERTY OFFICE OF THE PHILIPPINES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 8293, AS AMENDED, OTHERWISE KNOWN AS THE 
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Section 4 of Republic Act No. 8293, as amended, otherwise known 
as the "Intellectual Property Code of the Philippine", is hereby amended to read as 
follows:
"SEC. 4. Definitions. - 4.1 xxx.
"4.5 THE TERM "COUNTERFEIT GOODS" REFER TO GOODS OR 
MATERIALS INCLUDING PACKAGING BEARING, WITHOUT 
AUTHORIZATION, A TRADEMARK WHICH IS IDENTICAL TO A 
TRADEMARK VALIDLY REGISTERED WITH THE INTELLECTUAL 
PROPERTY OFFICE OF THE PHILIPPINES (IPOPHIL) OR ALREADY 
DECLARED AS A WELL-KNOWN MARK INTERNATIONALLY OR IN THE 
PHILIPPINES BY A COMPETENT AUTHORITY, WITH RESPECT TO 
SUCH GOODS OR WHICH CANNOT BE DISTINGUISHED IN ITS 
ESSENTIAL ASPECTS FROM SUCH A TRADEMARK AND WHICH


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THEREBY VIOLATES THE RIGHTS OF THE OWNER OF THE 
TRADEMARK IN QUESTION.
"4.6. THE TERM "PIRATED GOODS" REFER TO GOODS OR 
MATERIALS OR CONTENT, WHETHER TANGIBLE OR INTANGIBLE, IN 
ELECTRONIC OR DIGITAL FORM, WHICH ARE MADE, PRODUCED, 
COPIED, REPRODUCED, DISSEMINATED, DISTRIBUTED, IMPORTED, 
USED, REMOVED, ALTERED, SUBSTITUTED, MODIFIED, STORED, 
UPLOADED, DOWNLOADED, COMMUNICATED, MADE AVAILABLE TO 
THE PUBLIC, BROADCASTED, OR REPLICATED WITHOUT THE 
CONSENT OF THE RIGHT HOLDER OR PERSON DULY AUTHORIZED BY 
THE RIGHT HOLDER AND WHICH ARE MADE, PRODUCED, OR 
REPLICATED DIRECTLY OR INDIRECTLY FROM AN ARTICLE WHERE 
THE MAKING OF THAT COPY WOULD HAVE CONSTITUTED AN 
INFRINGEMENT OF COPYRIGHT OR RELATED RIGHTS."
Sec. 2. Section 5 of Republic Act 8293, as amended, is hereby amended to read 
as follows:
"SEC. 5. Functions of the Intellectual Property Office (IPO). - xxx
" X X X
"5.3. THE OFFICE SHALL PERFORM THE FOLLOWING 
ENFORCEMENT FUNCTIONS:
"(A) GATHER INTELLIGENCE INFORMATION RELATED TO 
VIOLATIONS OF THIS ACT, CONDUCT INQUIRY AND INVESTIGATION, 
AND DEVELOP EFFECTIVE COUNTERMEASURES TO DETER 
COUNTERFEIT OR PIRATED GOODS OR CONTENT;
"(B) CONDUCT VISITS DURING REASONABLE HOURS TO 
ESTABLISHMENTS AND BUSINESSES WHOSE ACTIVITIES ARE 
SUSPECTED TO BE IN VIOLATION OF THIS ACT IN ACCORDANCE 
WITH THE PROCEDURES PRESCRIBED HEREIN;


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"(C) DEVELOP A DATABASE OF PENDING CASES INVOLVING 
VIOLATIONS OF THIS ACT;
"(D) UNDERTAKE ANY OR ALL OF THE FOLLOWING ENFORCEMENT 
ACTIONS:
"(1) SERVE AND EXECUTE THE ADMINISTRATIVE ORDERS 
DULY ISSUED BY THE OFFICE OF THE DIRECTOR GENERAL IN 
ACCORDANCE WITH ITS POWERS UNDER THIS ACT;
"(2) ISSUE NOTICE OR WARNING TO THE RESPONDENT/S;
"(3) RECOMMEND THAT THE CONCERNED LOCAL GOVERNMENT 
UNITS AND/OR OTHER GOVERNMENT AGENCIES CANCEL 
LICENSES AND BUSINESS PERMITS OF ESTABLISHMENTS OR 
BUSINESSES FOR ENGAGING IN SELLING OR MAKING 
AVAILABLE TO THE PUBLIC COUNTERFEIT OR PIRATED GOODS 
OR FILE CHARGES AGAINST THE RESPONDENTS FOR 
VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS;
"(4) REQUEST THE CONCERNED LOCAL GOVERNMENT UNIT OR 
OTHER GOVERNMENT AGENCIES TO IMPLEMENT THE 
DECISION OF THE INTELLECTUAL PROPERTY RIGHTS 
ENFORCEMENT PURSUANT TO THEIR RESPECTIVE MANDATES;
"(5) REPORT THE RESULT OF SERVICE AND EXECUTION OF 
ADMINISTRATIVE ORDERS; AND
"(6) SUCH OTHER ORDERS OR ACTIONS NECESSARY TO 
ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ACT.
"(E) COORDINATE WITH OTHER GOVERNMENT AGENCIES AND 
PRIVATE SECTOR EFFORTS ON MATTERS RELATED TO INTELLECTUAL 
PROPERTY RIGHTS ENFORCEMENT;
"(F) ASSIST IN THE ENFORCEMENT OF ORDERS, WRITS, AND 
PROCESSES ISSUED BY THE BUREAU OF LEGAL AFFAIRS AND THE 
OFFICE OF THE DIRECTOR GENERAL;


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"(G) CONDUCT MONITORING ACTIVITIES RELATED OR RELEVANT TO
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INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT;
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"(H) EXERCISE INTER-AGENCY SPECIAL ENFORCEMENT
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COORDINATION FUNCTIONS; AND
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"(I) SUCH OTHER POWERS AND FUNCTIONS AS MAY BE NECESSARY
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OR INCIDENTAL TO THE ATTAINMENT OF THE PURPOSES AND
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OBJECTIVES OF THIS ACT OR AS MAY BE DETERMINED BY THE
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DIRECTOR GENERAL."
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Sec. 3. Section 10 of Republic Act 8293, 
as amended, is hereby further
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amended to read as follows:
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"SEC. 10. The Bureau of Legal Affairs. - The Bureau of Legal Affairs shall
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have the following functions:
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"10.1 xxx;
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"10.2 (a) xxx;
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"10.2 (b) After formal investigation, the Director of Legal Affairs may impose
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one (1) or more of the following administrative penalties:
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"xxx
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"(v) The imposition of administrative fines in such amount as deemed
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reasonable by the Director of Legal Affairs, which shall in no case be less than
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[Five thousand pesos (Php5,000)] ONE HUNDRED THOUSAND PESOS
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(Phpl00/000) nor more 
than [One hundred fifty thousand pesos
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(Phpl50,000)] ONE MILLION PESOS (PHP1,000,000). 
In addition, 
an
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additional fine of not more 
than [(One thousand pesos (Phpl,000)] TEN
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THOUSAND PESOS (PHP 
10,000) shall be imposed for each day of
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continuing violation;
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"x X X
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"THE DECISION OF THE ADJUDICATION OFFICERS ARE
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APPEALABLE TO THE DIRECTOR GENERAL.


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"10.3. ESTABLISH AND ADMINISTER ALTERNATIVE DISPUTE 
RESOLUTION MECHANISMS; AND
"10.4. PROVIDE ASSISTANCE TO OTHER BUREAUS AND 
OFFICES OF THE IPOPHIL, INCLUDING LEGAL REVIEWS, STUDY AND 
SIMILAR TASKS.
"10.(3) 5. The Director General may by Regulations establish the 
procedure to govern the implementation of this Section."
Sec. 4. Section 216 of Republic Act 8293, as amended, is hereby further 
amended to read as follows:
"SEC. 216. Infringement - Any person infringes a right protected under this 
Act when one:
"(a) X X x;
"(b) X X x;
"(c) X X x;
"216-A. PREVENTIVE ACTION ON ONLINE INFRINGEMENT. - 
UNLESS OTHERWISE PROVIDED BY LAWS, OR UNLESS OTHERWISE 
ORDERED BY THE APPROPRIATE COURT OF LAW, THE INTELLECTUAL 
PROPERTY OFFICE SHALL HAVE THE POWER, AFTER DUE NOTICE 
AND HEARING, TO DISABLE ACCESS TO AN ONLINE LOCATION, 
STREAMING OR DIGITAL PLATFORMS, PREVENT FURTHER ACCESS 
TO AN ONLINE LOCATION, STREAMING OR DIGITAL PLATFORMS, 
WHOSE PRIMARY PURPOSE OR PRIMARY EFFECT OF WHICH IS 
COPYRIGHT INFRINGEMENT.
"THE COPYRIGHT OWNER OR THE EXCLUSIVE LICENSEE OF 
COPYRIGHT, HEREINAFTER REFERRED TO AS THE "ELIGIBLE PARTY", 
MAY SUBMIT AN APPLICATION TO THE INTELLECTUAL PROPERTY 
OFFICE TO ORDER THE DISABLING OF ACCESS TO ANY INFRINGING 
ONLINE LOCATION, STREAMING OR DIGITAL PLATFORMS, 
IDENTIFIED IN THE APPLICATION.


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"THE APPLICATION TO THE INTELLECTUAL PROPERTY OFFICE 
SHALL BE SUBMITTED BY COMPLETING IN ITS ENTIRETY THE FORMS 
AND DOCUMENTATION AS REQUESTED BY THE INTELLECTUAL 
PROPERTY OFFICE, TO ALLOW THE INTELLECTUAL PROPERTY 
OFFICE TO ESTABLISH THAT THE PARTY FILING THE APPLICATION 
IS AN ELIGIBLE PARTY, OR IS AUTHORIZED TO FILE THE 
APPLICATION ON BEHALF OF AN ELIGIBLE PARTY, AND VERIFY 
THROUGH EVIDENCE THAT THE SUBJECT OF THE ORDER APPLIED 
FOR IS AN INFRINGING ONLINE LOCATION, STREAMING OR DIGITAL 
PLATFORMS
"FOR PURPOSES OF THIS CHAPTER, "ONLINE LOCATION" 
SHALL REFER TO ANY SINGLE OR COLLECTION OF RELATED WEB 
PAGES ACCESSIBLE BY A USER THROUGH A DOMAIN, IP ADDRESS, 
OR UNIFORM RESOURCE LOCATOR (URL), OR A SPECIFIC DOMAIN, 
IP ADDRESS WHICH SERVES TO OPERATE, IN WHOLE OR IN PART, 
AN APPLICATION ON THE INTERNET. WHILE, "DIGITAL PLATFORM" 
REFERS TO INFORMATION AND COMMUNICATION TECHNOLOGY- 
ENABLED MECHANISMS THAT CONNECT AND INTEGRATE 
PRODUCERS AND USERS IN ONLINE ENVIRONMENTS WHERE GOODS 
AND SERVICES ARE REQUESTED, DEVELOPED, AND SOLD, AND DATA 
IS GENERATED AND EXCHANGED SUCH AS, BUT NOT LIMITED TO, E- 
MARKETPLACES, MOBILE APPLICATION PLATFORMS, ONLINE 
DELIVERY PLATFORMS, SOCIAL MEDIA PLATFORMS, TRAVEL 
PLATFORMS, AND STREAMING PLATFORMS.
"216-B. PROCEDURE OF INQUIRY FOR PREVENTIVE ACTION. - 
THE INTELLECTUAL PROPERTY OFFICE SHALL FORMULATE THE 
PROCEDURE OF INQUIRY FOR PREVENTIVE ACTION ON ONLINE 
INFRINGEMENT ACCORDING TO THE FOLLOWING STANDARDS:
"(1) MINIMUM REQUIREMENTS OF THE APPLICATION FOR ACTION 
BY AN ELIGIBLE PARTY. THE APPLICATION REFERRED TO IN 
SECTION 84A SHALL INDICATE: THE FACT THAT, AND THE MANNER


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BY WHICH, THE INFRINGING ONLINE LOCATION IS ACCESSIBLE; 
AND OTHER MATTERS WHICH THE INTELLECTUAL PROPERTY OFFICE 
MAY TAKE INTO ACCOUNT, INCLUDING:
"(I) WHETHER THE ONLINE LOCATION, STREAMING OR DIGITAL 
PLATFORMS MAKES AVAILABLE OR CONTAINS DIRECTORIES, 
INDEXES OR CATEGORIES OF THE MEANS TO INFRINGE, OR 
FACILITATE AN INFRINGEMENT OF, COPYRIGHT;
"(II) WHETHER THE OWNER OR OPERATOR OF THE ONLINE 
LOCATION DEMONSTRATES A DISREGARD FOR COPYRIGHT 
GENERALLY; AND/OR
"(III) WHETHER ACCESS TO THE ONLINE LOCATION, STREAMING 
OR DIGITAL PLATFORMS HAS BEEN DISABLED BY ORDERS FROM 
ANY COURT OF ANOTHER COUNTRY OR TERRITORY ON THE 
GROUND OF OR RELATED TO COPYRIGHT INFRINGEMENT.
"(2) ONE APPLICATION MAY BE SUBMITTED FOR MULTIPLE 
INFRINGING ONLINE LOCATIONS, STREAMING OR DIGITAL 
PLATFORMS, AND THE REQUIREMENTS OF THIS SECTION MUST BE 
MET AND SET OUT IN THE APPLICATION.
"(3) THE APPLICATION MUST NOTIFY THE PERSON WHO OPERATES 
THE ONLINE LOCATION, STREAMING OR DIGITAL PLATFORMS OF 
THE MAKING OF AN APPLICATION UNDER SECTION 1, BUT THE 
INTELLECTUAL PROPERTY OFFICE MAY DISPENSE, ON SUCH TERMS 
AS IT SEES FIT, WITH THE NOTICE REQUIRED TO BE SENT TO THE 
PERSON WHO OPERATES THE ONLINE LOCATION, STREAMING OR 
DIGITAL PLATFORMS IF THE INTELLECTUAL PROPERTY OFFICE IS 
SATISFIED THAT THE APPLICANT IS UNABLE, DESPITE REASONABLE 
EFFORTS, TO DETERMINE THE IDENTITY OR ADDRESS OF THE 
PERSON WHO OPERATES THE ONLINE LOCATION, STREAMING OR 
DIGITAL PLATFORMS, OR TO SEND NOTICES TO THAT PERSON.


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"(4) UPON RECEIPT OF THE APPLICATION, THE INTELLECTUAL 
PROPERTY OFFICE SHALL, WITHIN FIVE (5) DAYS, REVIEW THE 
SAME AND DETERMINE WHETHER THE ONLINE LOCATION, 
STREAMING OR DIGITAL PLATFORMS MEETS THE REQUIREMENTS OF 
PARAGRAPH (A). IF AN APPLICATION MEETS THE REQUIREMENTS OF 
PARAGRAPH (A), THE INTELLECTUAL PROPERTY OFFICE SHALL GIVE 
DUE NOTICE OF THE SAME TO THE PERSON WHO OPERATES THE 
ONLINE LOCATION, STREAMING OR DIGITAL PLATFORMS EITHER BY 
DIRECTLY CONTACTING SUCH PERSON OR BY POSTING SUCH 
NOTICE PUBLICLY. THE INTELLECTUAL PROPERTY OFFICE SHALL, 
WITHIN FIVE (5) DAYS OF GIVING DUE NOTICE, RENDER AN ORDER 
REQUIRING INTERNET SERVICE PROVIDERS TO TAKE REASONABLE 
STEPS TO DISABLE ACCESS TO THE INFRINGING ONLINE LOCATION, 
STREAMING OR DIGITAL PLATFORMS. A COPY OF THE SAID ORDER 
SHALL LIKEWISE BE GIVEN TO THE ELIGIBLE PARTY.
"(5) THE INTERNET SERVICE PROVIDER MUST COMPLY WITH THE 
DISABLING ORDERS WITHIN FORTY-EIGHT (48) HOURS FROM THE 
ISSUANCE OF THE DISABLING ORDER AND MUST DISABLE THE 
IDENTIFIED INFRINGING ONLINE LOCATION, STREAMING OR 
DIGITAL PLATFORMS BY IMPLEMENTING AN EFFECTIVE TECHNICAL 
MEASURE, OR A MEASURE UNDERTAKEN BY THE INTERNET SERVICE 
PROVIDER TO DISABLE OR PREVENT ACCESS TO AN INFRINGING 
ONLINE LOCATION, AND MAY INCLUDE DOMAIN NAME SYSTEM 
(DNS) BLOCKING, IP BLOCKING, URL BLOCKING, SERVER NAME 
INDICATOR BLOCKING, OR OTHER MEANS.
"(6) THE INTELLECTUAL PROPERTY OFFICE MAY, AT ANY TIME 
DURING THE OPERATION OF THE ORDERS, NOTIFY THE INTERNET 
SERVICE PROVIDERS SHOULD IT BECOME AWARE THAT ANY 
INFRINGING ONLINE LOCATION, STREAMING OR DIGITAL 
PLATFORMS IS ACCESSED FROM ANY ADDITIONAL ONLINE 
LOCATION, STREAMING OR DIGITAL PLATFORMS, INCLUDING ONE


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THAT APPEARS TO BE ASSOCIATED WITH ANY INFRINGING ONLINE
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LOCATION, STREAMING OR DIGITAL PLATFORMS, BASED ON ITS
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NAME, BRANDING OR THE IDENTITY OF ITS OPERATOR, AND MAKE
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SUCH DIFFERENT ONLINE LOCATION, STREAMING OR DIGITAL
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PLATFORMS SUBJECT TO THE ORDERS.
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"X X X."
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Sec. 5. Implementing Rules and Regulations (IRR). - Within sixty (60) days
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from the effectivity of this Act, the Intellectual Property Office shall promulgate the
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necessary rules and regulations for the implementation of this Act.
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Sec. 6. Separability Clause. - If any provision or part hereof is held invalid or
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unconstitutional, the remainder of the law or the provision or part not otherwise
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affected shall remain in full force and effect.
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Sec. 7. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, administrative order, rule, or regulation contrary to or
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inconsistent with the provisions of this Act are hereby repealed, modified, or amended
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accordingly.
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Sec. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in two (2) newspaper of general circulation in the
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Philippines.
Approved,