NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
Senate
of tije
23 AUG-1 P3:38
SENATE
S. No. 2385
RECEIVED BY:
Introduced by SENATOR RAMON BONG RE VILLA, JR.
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
Creative industries have been one of the pillars of our society which 
provide contents and services that not only entertain, but more importantly, provide 
an avenue for people to exercise their Constitutional right to freedom of speech and 
expression.
However, despite the significance that this sector has played in shaping our 
culture and history, it has been suffering tremendously in the last few years due to 
efforts which cripple the industry.
Whereas previously, the battle was out there in the streets where sellers 
illegally peddle compact disks (CDs) filled with pirated content; with technology 
opening up the space to commit piracy, the battle has now become not only even 
more widespread, but more difficult to pursue. With the Philippines being among the 
leading consumers of pirated content in the Asia Pacific Region, it is of vital importance 
that the State implements drastic changes and measures that would ensure that piracy 
will not thrive, and that piracy will not kill the industry.


In order to give aid to the creative industries, this measure endeavors to cioak 
them with a mantle of protection against piracy which has now transcended into the 
online realm. The proposed amendments contemplate the new issues which enfeeble 
their growth and progress.
This bill seeks to empower the Intellectual Property Office of the Philippines to 
disable access to sites which infringes copyright and initiate action for site blocking, 
as well. This legislative action is a step towards the full rehabilitation and renewal of 
the creative industries.
In view of the foregoing, immediate passage of this measure is earnestly
sought.
REVILLA, JR.


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
s. No. 2385
ornate
oftliJ&i'cretarp
23 /\U6-1 P 3 ‘38
■3 8V:
Introduced by SENATOR RAMON BONG RE VILLA, JR.
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 8293, as amended, otherwise known as
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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 xxx.
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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 THE
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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 COMPETENT
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AUTHORITY IN RESPECT OF SUCH GOODS OR WHICH CANNOT
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BE DISTINGUISHED IN ITS ESSENTIAL ASPECTS FROM SUCH A
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TRADEMARK AND WHICH THEREBY VIOLATES THE RIGHTS OF
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THE OWNER OF THE TRADEMARK IN QUESTION.


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"4.6. THE TERM "PIRATED GOODS" REFER TO GOODS OR 
MATERIALS OR CONTENT, WHETHER TANGIBLE AND 
INTANGIBLE, IN ELECTRONIC OR DIGITAL FORM, WHICH ARE 
MADE, PRODUCED, COPIED, REPRODUCED, DISSEMINATED, 
DISTRIBUTED, IMPORTED, USED, REMOVED, ALTERED, 
SUBSTITUTED, MODIFIED, STORAGE, UPLOADED, 
DOWNLOADED, COMMUNICATED, MADE AVAILABLE TO THE 
PUBLIC, OR PROTECTED MATERIAL 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). - x x x
XXX
"5.3. THE OFFICE SHALL PERFORM THE FOLLOWING 
ENFORCEMENT FUNCTIONS:
"(A) GATHER INTELLIGENCE INFORMATION RELATED TO THE 
VIOLATIONS OF THIS ACT, CONDUCT INQUIRY AND 
INVESTIGATION, 
AND 
DEVELOP 
EFFECTIVE
COUNTERMEASURES TO DETER 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/S;
"(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


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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;
"(G) CONDUCT MONITORING ACTIVITIES RELATED OR 
RELEVANT TO INTELLECTUAL PROPERTY RIGHTS 
ENFORCEMENT;
"(H) EXERCISE INTER-AGENCY SPECIAL ENFORCEMENT 
COORDINATION FUNCTIONS; AND
"(I) SUCH OTHER POWERS AND FUNCTIONS AS MAY BE 
NECESSARY OR INCIDENTAL TO THE ATTAINMENT OF THE 
PURPOSES AND OBJECTIVES OF THIS ACT OR AS MAY BE 
ASSIGNED BY THE DIRECTOR GENERAL."
Sec. 3. Section 10 of Republic Act No. 8293, as amended, is hereby further 
amended to read as follows:


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"SEC. 10. The Bureau of Legal Affairs. - The Bureau of Legal Affairs 
shall have the following functions:
"10.1 xxx;
"10.2 (a) xxx;
"10.2 (b) After formal investigation, the Director for Legal Affairs may 
impose one (1) or more of the following administrative penalties:
"x X X
"(v) The imposition of administrative fines In such amount as deemed 
reasonable by the Director of Legal Affairs, which shall in no case be less 
than [Five thousand pesos (Php 5,000)] ONE HUNDRED THOUSAND 
PESOS (PHP 100,000) nor more than [Qne-htmdfcd fifty thousand pesos 
(Php-150,000)] ONE MILLION PESOS (PHP 1,000,000). In addition, 
an additional fine of not more than [(One thousand pesos (Php 1,009)] 
TEN THOUSAND PESOS (PHP 10,000} shall be imposed for each day 
of continuing violation;
xxx
"THE DECISIONS OF THE ADJUDICATION OFFICERS ARE 
APPEALABLE TO THE DIRECTOR.
"10.3. ESTABLISH AND ADMINISTER ALTERNATIVE 
DISPUTE RESOLUTION MECHANISMS; AND
"10.4. PROVIDE ASSISTANCE TO OTHER BUREAUS AND 
OFFICES OF THE IPOPHL, INCLUDING LEGAL REVIEW, STUDY, 
AND SIMILAR TASKS.


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"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 No. 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 LAW, 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 
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.


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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 AUTHORISED 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 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


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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 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, WITHIN FIVE (5) DAYS, 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


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PROPERTY OFFICE SHALL GIVE DUE NOTICE OF THE SAME TO THE 
PERSON WHO OPERATES THE ONLINE LOCATION EITHER BY 
DIRECTLY CONTACT 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 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 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 IS ACCESSED FROM AN 
ADDITIONAL ONLINE LOCATION, INCLUDING ONE THAT APPEARS TO 
BE ASSOCIATED WITH ANY INFRINGING ONLINE LOCATION BASED 
ON ITS NAME, BRANDING OR THE IDENTITY OF ITS OPERATOR, AND 
MAKE SUCH DIFFERENT ONLINE LOCATION SUBJECT TO THE 
ORDERS.
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
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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) newspapers of general circulation in
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the Philippines.
Approved,
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