TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 959
•./iDffirf of iii; :; f*'■ )>
25 AUG-5 P4--24
Rb’C£!'‘,CD5.' .
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.
The Film Development Council of the Philippines also expressed the need to 
address the perennial problem of piracy in Philippine cinema, highlighting the 
importance of the film industry which contributes at least Pll billion to the economy 
which can increase by at least 15 per cent if only piracy is curbed.2 Further, creative 
industries' contribution to the economy is at 7.3% which amounted to PI.6 trillion in 
2022.3
The YouGov 2022 Piracy Landscape Survey revealed that, "the Philippines is 
one of the top consumers of pirated content in Asia. In the same year, the country 
lost $700 Million (P38.2 billion) due to the piracy of video content, specifically 
Filipino-made TV shows and movies. While it was already prevalent before the 
pandemic, Filipino consumers shifted to online pirated content. Some 44% of 
Filipinos consume pirated content on social media platforms."4 This situation barely 
improved in its 2024 Survey where the Philippines ranked second in the Asia-Pacific 
region.5
In an article published on February 2024, IPOPHL stated that "the 
underground industry of pirated media has resulted in P38.2-billion worth of losses 
and landed the country on international watchlists for IP rights."6 In the same light, 
a survey conducted in 2024 by the Asia Video Industry Association's Coalition 
Against Piracy (AVIA-CAP) showed that 70% of Filipinos streamed pirated films.
1 "Reports, complaints against piracy, counterfeiting surge in 2020 amid COVID-19 disruption." February 12, 
2021. https://www.ipophil.Rov.ph/news/reports-complaints-against-piracv-counterfeitins-suree-in-2020-
amid-covid-19-disruption/
2 Piracy: A perennial problem in Philippine Cinema I FDCP
3 Let's view Filipino cinema's piracy culture through a different lens
4 Piracy Impedes Growth of PFIL's Creative Industries - The American Chamber of Commerce of the Philippines,
Inc.
5 Digital piracy in the Philippines I Law.asia
6 Let's view Filipino cinema's piracy culture through a different lens


shows and videos, and this is an increase from 58% record in 2023. Ironically, 92% 
of the surveyed individuals understand the negative consequences of online piracy.7
Because of piracy, "Legitimate film makers, creative producers, and content 
producers lose money due to piracy. They are forced to produce low budget 
products and services as they expect reduced revenues from this negative consumer 
behavior. Even investors are becoming increasingly reluctant to fund Philippine 
content production. Hence, workers in the industry are losing jobs opportunities. 
Additionally, the expectation of piracy also leads producers and creators to take 
fewer risks. This results in the oversaturation of popular narratives, which takes 
away the creativity of the industry."8
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.
IPOPHIL issued Memorandum Circular No. 2023-025 on September 2023 
which provides for the Supplemental Rules to Memorandum Circular No. 2020-049 
known as the "Revised Rules of Procedure on Administrative Enforcement of 
Intellectual Property Rights (IPR), otherwise known as the Rules on Voluntary 
Administrative Site Blocking. The said issuance provided "a more expedited process 
for the blocking of a pirate website through voluntary mechanism with internet 
service provides (ISP/s).9
This bill intends to legislate the intentions of the aforementioned issuance by 
proposing 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
7 Survey: 7 in 10 Pinovs watch pirated content I Philstar.com
8 Piracy Impedes Growth of PHL's Creative Industries - The American Chamber of Commerce of the Philippines.
Inc.
9IPOPHL Memorandum Circular No. 2023-025, Supplemental Rules to Memorandum Circular No. 2020-049
known as the Revised Rules of Procedure on Administrative Enforcement of IPR, etc..pdf - Google Drive


a maximum of PI,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.
INC^OY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 959
■ • 
' ifJffitr of !'-r’ :
25 AUG -5 P4 24
RFCEP/rB 6V
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:
1 
Section 1. Section 4 of Republic Act No. 8293, as amended, otherwise known
2 
as the "Intellectual Property Code of the Philippines," is hereby amended to read as
3 
follows:
4 
"Sec. 4. Definitions. - 4.1. x x x.
5 
"4.5 THE TERM "COUNTERFEIT GOODS' REFER
6 
TO GOODS OR MATERIALS INCLUDING PACKAGING
7 
BEARING WITHOUT AUTHORIZATION A TRADEMARK
8 
WHICH IS IDENTICAL TO A TRADEMARK VALIDLY
9 
REGISTERED WITH THE INTELLECTUAL PROPERTY
10 
OFFICE OF THE PHILIPPINES (IPOPHL) OR ALREADY
11 
DECLARED AS A WELL-KNOWN MARK
12 
INTERNATIONALLY OR IN THE PHILIPPINES BY A
13 
COMPETENT AUTHORITY IN RESPECT OF SUCH
14 
GOODS OR WHICH CANNOT BE DISTINGUISHED IN
15 
ITS ESSENTIAL ASPECTS FROM SUCH A TRADEMARK


1 
AND WHICH THEREBY VIOLATES THE RIGHTS OF
2 
THE OWNER OF THE TRADEMARK IN QUESTION.
3 
"4.6 THE TERM "PIRATED GOODS' REFER TO
4 
GOODS OR MATERIALS OR CONTENT, WHETHER
5 
TANGIBLE AND INTANGIBLE, IN ELECTRONIC OR
6 
DIGITAL FORM, WHICH ARE MADE, PRODUCED,
7 
COPIED, 
REPRODUCED, 
DISSEMINATED,
8 
DISTRIBUTED, IMPORTED, 
USED, REMOVED,
9 
ALTERED, SUBSTITUTED, MODIFIED, STORED,
10 
UPLOADED, DOWNLOADED, COMMUNICATED, MADE
11 
AVAILABLE TO THE PUBLIC, OR PROTECTED
12 
MATERIAL BROADCASTED, 
OR REPLICATED
13 
WITHOUT THE CONSENT OF THE RIGHT HOLDER OR
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PERSON DULY AUTHORIZED BY THE RIGHT HOLDER
15 
AND WHICH ARE MADE, PRODUCED, REPLICATED,
16 
DIRECTLY OR INDIRECTLY 
FROM AN ARTICLE
17 
WHERE THE MAKING OF THAT COPY WOULD HAVE
18 
CONSTITUTED AN INFRINGEMENT OF COPYRIGHT
19 
OR RELATED RIGHTS."
20 
Sec. 2. Section 5 of Republic Act No. 8293, as amended, is hereby amended
21 
to read as follows:
22 
"Sec. 5. Functions of the Intellectual Property Office (IPO). -
23 
XXX
24 
"x X X
25 
"5.3. THE OFFICE SHALL PERFORM THE
26 
FOLLOWING ENFORCEMENT FUNCTIONS:
27 
"(A) GATHER INTELLIGENCE INFORMATION
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RELATED TO THE VIOLATIONS OF THIS ACT,
29 
CONDUCT INQUIRY AND INVESTIGATION, AND
30 
DEVELOP EFFECTIVE COUNTERMEASURES, TO DETER
31 
COUNTERFEIT OR PIRATED GOODS OR CONTENT;


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"(B) CONDUCT VISITS DURING REASONABLE 
HOURS TO ESTABLISHMENTS AND BUSINESSES OF 
ACTIVITIES SUSPECTED TO BE IN VIOLATION OF 
THIS ACT IN ACCORDANCE WITH THE PROCEDURES 
PRESCRIBED HEREIN;
"(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 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,


1 
"(6) SUCH OTHER ORDERS OR ACTIONS
2 
NECESSARY TO ENSURE COMPLIANCE WITH THE
3 
PROVISIONS OF THIS ACT.
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"(E) COORDINATE 
WITH 
OTHER
5 
GOVERNMENT AGENCIES AND PRIVATE SECTOR
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EFFORTS ON MATTERS RELATED TO INTELLECTUAL
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PROPERTY RIGHTS ENFORCEMENT;
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"(F) ASSIST IN THE ENFORCEMENT OF
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ORDERS, WRITS, AND PROCESSES ISSUED BY THE
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BUREAU OF LEGAL AFFAIRS AND THE OFFICE OF THE
11 
DIRECTOR GENERAL;
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"(G) CONDUCT MONITORING ACTIVITIES
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RELATED OR RELEVANT TO INTELLECTUAL
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PROPERTY RIGHTS ENFORCEMENT;
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"(H) EXERCISE INTER-AGENCY SPECIAL
16 
ENFORCEMENT COORDINATION FUNCTIONS; AND,
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"(I) SUCH OTHER POWERS AND FUNCTIONS
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AS MAY BE NECESSARY OR INCIDENTAL TO THE
19 
ATTAINMENT OF THE PURPOSES AND OBJECTIVES
20 
OF THIS ACT OR AS MAY BE ASSIGNED BY THE
21 
DIRECTOR GENERAL."
22 
Sec. 3. Section 10 of Republic Act No. 8293, as amended, is hereby amended
23 
to read as follows:
24 
"Sec. 10. The Bureau of Legal Affairs. - The Bureau
25 
of Legal Affairs shall have the following functions:
26 
"10.1 xxx;
27 
"10.2 (a) xxx;
28 
"10.2 (b) After formal investigation, the Director for
29 
Legal Affairs may impose one (1) or more of the following
30 
administrative penalties:
31 
"x X X


1 
"(v) The imposition of administrative fines in such
2 
amount as deemed reasonable by the Director for Legal
3 
Affairs, which shall in no case be less than [Five thousand
4 
pesos (Php 5,000)] ONE HUNDRED THOUSAND PESOS
5 
(P100,000.00) nor more than [One hundred fifty thousand
6 
pesos (Php—T50,000)] ONE MILLION PESOS (P
7 
1,000,000.00). In addition, an additional fine of not more
8 
than [One thousaod-pcsos (Php 1,000)] TEN THOUSAND
9 
PESOS (P10,000.00) shall be imposed for each day of
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continuing violation.
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"x X X
12 
"THE DECISIONS OF THE ADJUDICATION
13 
OFFICERS ARE APPEALABLE TO THE DIRECTOR.
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"10.3. ESTABLISH AND ADMINISTER
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ALTERNATIVE DISPUTE RESOLUTION MECHANISMS;
16 
AND
17 
"10.4 PROVIDE ASSISTANCE TO OTHER
18 
BUREAUS AND OFFICES OF THE IPOPHL, INCLUDING
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LEGAL REVIEW, STUDY AND SIMILAR TASKS.
20 
"10.[3]5. The Director General may by Regulations
21 
establish the procedure to govern the implementation of this
22 
Section."
23 
Sec. 4. Section 216 of Republic Act No. 8293, as amended, is hereby further
24 
amended to read as follows:
25 
"Sec. 216. Infringement - Any person infringes a
26 
right protected under this act when one:
27 
"(a) X X x;
28 
"(b) X X x;
29 
"(C) XXX.
30 
"216-A. PREVENTIVE ACTION ON ONLINE
31 
INFRINGEMENT. - UNLESS OTHERWISE PROVIDED
32 
BY LAW, OR UNLESS OTHERWISE ORDERED BY THE


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APPROPRIATE COURT OF LAW, THE INTELLECTUAL 
PROPERTY OFFICE SHALL HAVE THE POWER, AFTER 
DUE NOTICE AND HEARING, TO DISABLE ACCESS TO 
AN ONLINE LOCATION IN ORDER TO PREVENT 
FURTHER ACCESS TO AN ONLINE LOCATION WHOSE 
PRIMARY PURPOSE OR PRIMARY EFFECT OF WHICH 
IS TO INFRINGE COPYRIGHT OR FACILITATE 
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 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


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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 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.


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"(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 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


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TO THE INFRINGING ONLINE LOCATION. A COPY OF
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THE SAID ORDER SHALL LIKEWISE BE GIVEN TO THE
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ELIGIBLE PARTY.
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"(5) THE INTERNET SERVICE PROVIDERS
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MUST COMPLY WITH THE DISABLING ORDERS
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WITHIN FORTY-EIGHT (48) HOURS OF THE
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ISSUANCE OF THE DISABLING ORDER AND MUST
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DISABLE THE IDENTIFIED INFRINGING ONLINE
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LOCATIONS BY IMPLEMENTING AN EFFECTIVE
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TECHNICAL MEASURE, OR A MEASURE UNDERTAKEN
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BY THE INTERNET SERVICE PROVIDER TO DISABLE
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OR PREVENT ACCESS TO AN INFRINGING ONLINE
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LOCATION, AND MAY INCLUDE DOMAIN NAME
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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
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MAY AT 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 ANY
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INFRINGING ONLINE LOCATION IS ACCESSED FROM
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AN ADDITIONAL ONLINE LOCATION, INCLUDING
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ONE THAT APPEARS TO BE ASSOCIATED WITH ANY
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INFRINGING ONLINE LOCATION BASED ON ITS
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NAME, BRANDING OR THE IDENTITY OF ITS
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OPERATOR, AND MAKE SUCH DIFFERENT ONLINE
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LOCATION SUBJECT TO 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
2 
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. Effectivity. - This Act shall take effect fifteen (15) days following the
7 
completion of its publication in the Official Gazette or in a national newspaper of
8 
general circulation.
Approved,
10