FBUWTEENTH CONGRESS OF THE 
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Second Regular Session 
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8 JW. 211 1'6 2 4  
REPUBLIC QF THE PHILIPPINES 
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Internet technology has gone a long way after its first invention in the 1960s as part of 
the United States military tool for research and intelligence purposes. More than four decades 
later, it evolved from a basic chatting service to exchange information and scientific 
researches into a giant cybermall offering services and products of all shapes and sizes from 
all over the world. 
The possibilities of internet technology are almost boundless and limitless. Yet, with 
all its infinite possibilities come the limitless problems and conflicts. One of the most 
common sild expensive of these problems is Cyber Squatting, an act of acquiring a domain 
name in the cyberspace before the rightful and legitimate owner of a trademark or a 
personalhusincss name can do so. This has led to the unscrupulous practice of cyber 
squatters selling the domain back to the legitimate owner but with an appalling price that 
runs into millions of pesos. 
Cyber Squatting usually affects businesses and their trade names causing confusion to 
their clients and even diverting them away. According to the World Intellectual Property 
Organization (WIPO), a specialized agency of the United Nations dedicated to developing a 
balanced and accessible international intellectual property (IP) system, cyber squatting is on 
the increase all over the globe and it often entails bad faith intent by the cyber squatter to 
profit from the donlain name acquired. 
This measure is hereby proposed to ensure the integrity of domain names. It intends 
to help the legitimate owners stake a rightful claim to their domain names and preclude bad 
faith registration of the same. 
It is hoped that through this bill, personallbusiness names and trademarks will be 
protected against fraudulent individuals or groups that cause identity confusion and 
intellectual property infringement with their trade names. 
In view of the foregoing, approval of this hill is earnestly requested. 


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FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
Second Regular Session 
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8 ,luI 24 P6 24 
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INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
TO PREVENT FRAUDULENT ACQUISITION OF A PHILIPPINE DOMAIN OR .PH 
DOMAIN NAME OVER THE INTERNET AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress 
assembled: 
Section 1. Title. - This Act shall be lmown as the “Anti-Cyber Squatting Act of 2008”. 
Section 2. Declaration of Policy. - The State recognizes the vital role of information 
and communications technology (ICT) in nation building. In furtherance thereof, the Slate 
hereby advocates for the protection of the people against cyber piracy and fraud. 
Section 3. Definition of Terms. - For purposes of this Act, the definitions of the 
following terms are: 
(a) “Philippine Domain Name or .PH Domain” refers to any alphanumeric designation 
with a (.ph) suffix which is registered with or assigned by any Philippine country 
code top level domain (CCTLD) registrar as part of the electronic address on the 
internet. 
(b) “Web Site” refers to the electronic address or home page of a person or entity in the 
internet. 
(c) “Domain Name Registration” refers to service provided by any domain name 
registrar to obtain a domain name for use of web site. 
(d) “Philippine Domain Name Registrar” refers to an organization awarded by Internet 
Corporation for Assigned Names and Numbers (ICANN), the highest governing body 
€or internet addresses, to manage and distribute the .PH domain names to local 
customers. 
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(e) ,“Internet” refers to the myriad of computer and telecommunications facilities, 
including equipment and operating software, which comprises the interconnected 
world-wide network of networks that employ the Transmission Control Protocol/ 
Internet Protocol (TCP/IP), or any predecessor or successor protocols to such 
protocol, to communicate information of all kinds. 
Section 4. Cyber Piracy Prevention. - It shall be unlawful for any person or entity to 
acquire a domain name over the internet if there is bad faith intent to profit, mislead, destroy 
reputation, and deprive others from registering, if such domain name is: 
(a) similar, identical, or confusingly similar to an existing trademark registered with the 
appropriate government agency at the time of the domain name registration; 
(b) identical or in any way similar with the name of a person other than the registrant, in 
case of a personal name; or 
(c) acquired with no rights or intellectual property interests in it. 
Section 5. Liability of a Philippine Domain Name Registrar. - Any Domain Name 
Registrar or any of its authorized domain name distributor, shall be civilly liable for accepting 
the registration of a fraudulent domain name. 
Section 6. Penalties. Any person who violates any provision of this Act shall, upon 
conviction, will be penalized by imprisonment of prision correcional in its maximum period up 
to prision mayor in its minimum period, or a fine of not less than P2,000,000.00 nor more than 
P50,000,000.00; 
or both such fine and imprisonment at the discretion of the court. 
The remedies of an in rem action under this Act shall be limited to a court order for the 
forfeiture or cancellation of the domain name or the transfer of the domain name to the legitimate 
owner. 
Section 7. Repealing Clause. - All laws, decrees, executive orders, proclamations and 
administrative regulations, or parts thereof inconsistent herewith are hereby repealed or modified 
accordingly. 
Section 8. Separability Clause. - Any portion or provisions of this Act that may be 
declared unconstitutional or invalid shall not have the effect of nullifying other portions and 
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Approved, 
provisions hereof as long as such remaining portion or provision can still subsist and be given 
Section 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in at least two (2) national newspapers of general circulation. 
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