NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 2150
V />77
of tijp fb- -rr-ptfirp
23 may-9 A 8 -49
Rl'CElVED BY;
Introduced by Senator Jinggoy Ejercito Estrada
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
Piracy is considered as the greatest threat to Philippine cinema. It deeply 
hurts the creative industry, as it discourages production, affects the livelihood of its 
workers and significantly diminishes revenues from the sector. Take for instance the 
unfortunate case of the 2020 Metro Manila Film Festival (MMFF) which reportedly 
earned less than 50 million pesos only, a substantial loss from the billion-peso box- 
office gross from the preceding years. The culprit was the massive piracy, illegal 
access and unlawful consumption of MMFF entries across the cyberspace. One film 
producer shared that they monitored illegal online streaming and found 10 to 20 
links per hour.
The COVID-19 pandemic saw an unprecedented rise of film piracy in many 
countries. In the Philippines, illegal online links to Filipino movies which are still 
being shown in cinemas are also simultaneously and indiscriminately shared in social 
media platforms. The Intellectual Property Office of the Philippines (IPOPHL) also 
disclosed an "obviously striking surge" in counterfeiting and piracy activities in 2020, 
surpassing the number of reports and complaints received from the five-year period


(2016 to 2020). Movies and shows were most reported for alleged piracy (40%), 
followed by e-books (25%) and software products (16%)1.
A study further showed that more than 60% of Filipino consumers watch 
pirated content. All .in all, the country has one the highest piracy rates in Southeast 
Asia.
Considering the pervasiveness of these illegal activities which severely 
hamper the growth of the creative economy and lead to loss of jobs or displacement 
of workers, there is a need to establish regulations and effective mechanisms to 
protect intellectual property rights.
This bill proposes to disable access to online sites which facilitate copyright 
infringement and introduces procedure for preventive action and site blocking. It 
also recommends imposition of higher fines from P5,000 to a minimum of P100,000 
up to a maximum of P1,000,000, and an additional P10,000 for each day of 
continuing violation.
In the interest of revitalizing the film and creative sectors and realizing their 
full potential as one of the major drivers of growth of the national economy, the 
immediate passage of this legislation is earnestly sought.
ING^OY EJERCITO ESTRADA
1 "Reports, complaints against piracy, counterfeiting surge in 2020 amid COVID-19 disruption." February 12, 
2021. https://www.ipophil.gov.ph/news/reports-complaints-against-piracv-counterfeiting-surge-in-2020-
amid-covid-19-disruption/


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
s. No. 2150
8 su'iinu
p i,l0ffUP of tSji.’
23 may-9 A8:49
RECEIVED BY;
Introduced by Senator Jinggoy Ejercito Estrada
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
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as the "Intellectual Property Code of the Philippines," is hereby amended to read as
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follows:
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"Sec. 4. Definitions. - 4.1. x x x.
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"4.5 THE TERM "COUNTERFEIT GOODS" REFER TO
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GOODS OR MATERIALS INCLUDING PACKAGING BEARING
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WITHOUT AUTHORIZATION A TRADEMARK WHICH IS
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IDENTICAL TO A TRADEMARK VALIDLY REGISTERED WITH
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THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES
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(IPOPHL) OR ALREADY DECLARED AS A WELL-KNOWN MARK
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INTERNATIONALLY OR IN THE PHILIPPINES BY A
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COMPETENT AUTHORITY IN RESPECT OF SUCH GOODS OR
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WHICH CANNOT BE DISTINGUISHED IN ITS ESSENTIAL
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ASPECTS FROM SUCH A TRADEMARK AND WHICH THEREBY
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VIOLATES THE RIGHTS OF THE OWNER OF THE TRADEMARK
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IN QUESTION.


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"4.6 THE TERM "PIRATED GOODS" REFER TO GOODS OR
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MATERIALS OR CONTENT, WHETHER TANGIBLE AND
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INTANGIBLE, IN ELECTRONIC OR DIGITAL FORM, WHICH ARE
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MADE, PRODUCED, COPIED, REPRODUCED, DISSEMINATED,
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DISTRIBUTED, IMPORTED, USED, REMOVED, ALTERED,
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SUBSTITUTED, MODIFIED, STORED, UPLOADED,
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DOWNLOADED, COMMUNICATED, MADE AVAILABLE TO THE
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PUBLIC, OR PROTECTED MATERIAL BROADCASTED, OR
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REPLICATED WITHOUT THE CONSENT OF THE RIGHT HOLDER
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OR PERSON DULY AUTHORIZED BY THE RIGHT HOLDER AND
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WHICH ARE MADE, PRODUCED, REPLICATED, DIRECTLY OR
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INDIRECTLY FROM AN ARTICLE WHERE THE MAKING OF THAT
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COPY WOULD HAVE CONSTITUTED AN INFRINGEMENT OF
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COPYRIGHT OR RELATED RIGHTS."
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Sec. 2. Section 5 of Republic Act No. 8293, as amended, is hereby amended
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to read as follows:
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"Sec. 5. Functions of the Intellectual Property Office (IPO). - x x x
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"x X X
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"5.3. THE OFFICE SHALL PERFORM THE FOLLOWING
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ENFORCEMENT FUNCTIONS:
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"(A) GATHER INTELLIGENCE INFORMATION RELATED
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TO THE VIOLATIONS OF THIS ACT, CONDUCT
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INQUIRY AND INVESTIGATION, AND DEVELOP
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EFFECTIVE COUNTERMEASURES, TO DETER
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COUNTERFEIT OR PIRATED GOODS OR CONTENT;
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"(B) CONDUCT VISITS DURING REASONABLE HOURS TO
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ESTABLISHMENTS AND BUSINESSES OF
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ACTIVITIES SUSPECTED TO BE IN VIOLATION OF
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THIS ACT IN ACCORDANCE WITH THE
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PROCEDURES PRESCRIBED HEREIN;
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"(C) DEVELOP A DATABASE OF PENDING CASES
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INVOLVING VIOLATIONS OF THIS ACT;


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(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 OR RESPONDENTS;
"(3) RECOMMEND THAT THE CONCERNED LOCAL 
GOVERNMENT UNIT AND/OR OTHER 
GOVERNMENT AGENCY 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 DECISIONS 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.


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"(E) COORDINATE WITH OTHER GOVERNMENT
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AGENCIES AND PRIVATE SECTOR EFFORTS ON
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MATTERS RELATED TO INTELLECTUAL PROPERTY
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RIGHTS ENFORCEMENT;
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"(F) ASSIST IN THE ENFORCEMENT OF ORDERS, WRITS,
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AND PROCESSES ISSUED BY THE BUREAU OF
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LEGAL AFFAIRS AND THE 
OFFICE OF THE
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DIRECTOR GENERAL;
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"(G) CONDUCT MONITORING ACTIVITIES RELATED OR
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RELEVANT TO INTELLECTUAL PROPERTY RIGHTS
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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
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NECESSARY OR INCIDENTAL TO THE ATTAINMENT
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OF THE PURPOSES AND OBJECTIVES OF THIS ACT
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OR AS MAY BE ASSIGNED BY THE DIRECTOR
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GENERAL."
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Sec. 3. Section 10 of Republic Act No. 8293, as amended, is hereby amended
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to read as follows:
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"Sec. 10. The Bureau of Legal Affairs. - The Bureau of Legal
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Affairs shall 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 
for Legal
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Affairs may impose one (1) or more of the following administrative
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penalties:
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"x X X
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"(v) The imposition of administrative fines in such amount as
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deemed reasonable by the Director for Legal Affairs, which shall in no
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case be less than [Five thousand pesos (Php SjOQO}] ONE HUNDRED
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THOUSAND PESOS (PHP 100,000) nor more than [One- hundred


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fifty thousand-pesos (Php-ISO.QOQ)] ONE MILLION PESOS (PHP
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1,000,000). In addition, an additional fine of not more than [One
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thousand—pesos - (Php 1,000)] TEN THOUSAND PESOS (PHP
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10,000) shall be imposed for each day of continuing violation.
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"x X X
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"THE DECISIONS OF THE ADJUDICATION OFFICERS ARE
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APPEALABLE TO THE DIRECTOR.
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"10.3. ESTABLISH AND ADMINISTER ALTERNATIVE
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DISPUTE RESOLUTION MECHANISMS; AND
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"10.4 PROVIDE ASSISTANCE TO OTHER BUREAUS AND
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OFFICES OF THE IPOPHL, INCLUDING LEGAL REVIEW, STUDY
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AND SIMILAR TASKS.
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"10.[3]5. The Director General may by Regulations establish the
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procedure to govern the implementation of this Section."
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Sec. 4. Section 216 of Republic Act No. 8293, as amended, is hereby further
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amended to read as follows:
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"Sec. 216. Infringement - Any person infringes a right
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protected under this act when one:
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"(a) X X x;
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"(b) x xx;
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"(c) xxx.
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"216-A. PREVENTIVE ACTION ON ONLINE
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INFRINGEMENT - UNLESS OTHERWISE PROVIDED BY LAW,
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OR UNLESS OTHERWISE ORDERED BY THE APPROPRIATE
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COURT OF LAW, THE INTELLECTUAL PROPERTY OFFICE SHALL
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HAVE THE POWER, AFTER DUE NOTICE AND HEARING, TO
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DISABLE ACCESS TO AN ONLINE LOCATION IN ORDER TO
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PREVENT FURTHER ACCESS TO AN ONLINE LOCATION WHOSE
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PRIMARY PURPOSE OR PRIMARY EFFECT OF WHICH IS TO
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INFRINGE COPYRIGHT OR FACILITATE COPYRIGHT
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INFRINGEMENT.


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"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 
IDENTIFIED IN THE APPLICATION.
"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.
"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, OR UNIFORM 
RESOURCE LOCATOR (URL) WHICH SERVES TO OPERATE, IN 
WHOLE OR IN PART, AN APPLICATION ON THE INTERNET."
"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


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MANNER 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 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; 
OR
"(III) WHETHER ACCESS TO THE ONLINE 
LOCATION 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, AND 
THE REQUIREMENTS OF THIS SECTION MUST BE 
MET AND SET OUT IN THE APPLICATION.
(3) THE APPLICANT MUST NOTIFY THE PERSON WHO 
OPERATES THE ONLINE LOCATION 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 
IF THE INTELLECTUAL PROPERTY OFFICE IS 
SATISFIED THAT THE APPLICANT IS UNABLE, 
DESPITE REASONABLE EFFORTS, TO DETERMINE


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THE IDENTITY OR ADDRESS OF THE PERSON WHO 
OPERATES THE ONLINE LOCATION, OR TO SEND 
NOTICES TO THAT PERSON.
'(4) UPON RECEIPT OF THE APPLICATION, THE 
INTELLECTUAL PROPERTY OFFICE SHALL REVIEW 
THE SAME AND DETERMINE WHETHER THE 
ONLINE LOCATION 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 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. A COPY OF THE SAID ORDER SHALL 
LIKEWISE BE GIVEN TO THE ELIGIBLE PARTY.
(5) THE INTERNET SERVICE PROVIDERS MUST 
COMPLY WITH THE DISABLING ORDERS WITHIN 
FORTY-EIGHT (48) HOURS OF THE ISSUANCE OF 
THE DISABLING ORDER AND MUST DISABLE THE 
IDENTIFIED INFRINGING ONLINE LOCATIONS 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
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BLOCKING, SERVER NAME INDICATOR BLOCKING,
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OR OTHER MEANS.
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"(6) THE INTELLECTUAL PROPERTY OFFICE MAY AT
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ANY TIME DURING THE OPERATION OF THE
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ORDERS NOTIFY 
THE 
INTERNET 
SERVICE
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PROVIDERS SHOULD IT BECOME AWARE THAT
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ANY INFRINGING ONLINE LOCATION IS
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ACCESSED FROM 
AN 
ADDITIONAL 
ONLINE
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LOCATION, INCLUDING ONE THAT APPEARS TO BE
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ASSOCIATED WITH ANY INFRINGING ONLINE
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LOCATION BASED ON ITS NAME, BRANDING OR
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THE IDENTITY OF ITS OPERATOR, AND MAKE
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SUCH DIFFERENT ONLINE LOCATION SUBJECT TO
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THE ORDERS."
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"X X X.
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Sec. 5. Implementing Rules and Regulations. - Within ninety (90) days from
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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 of this Act is declared invalid or
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unconstitutional, the remaining provision not affected thereby shall continue to be in
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full force and effect.
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Sec. 7. Repealing Clause. - All laws, decrees, orders or regulations or part
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thereof inconsistent with this Act are hereby repealed or modified accordingly.
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Sec. 8. Eifectivity. - This Act shall take effect fifteen (15) days following the
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completion of its publication in the Official Gazette or in a national newspaper of
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general circulation.
Approved,