The Intellectual Property Office of the Philippines ("IPOPHL") has issued Memorandum Circular 2020-049 or the Revised Rules of Procedure on Administrative Enforcement of Intellectual Property Rights ("Revised Rules") which came into effect on 3 March 2021. The Revised Rules intend to expand the power of the Intellectual Property Rights Enforcement Office ("IEO") in curbing online counterfeiting and piracy, the rates of which have surged significantly in 2020 since the COVID-19 lockdown compelled a massive shift to online transactions.
Under the Revised Rules, the exercise of IPOPHL's enforcement powers shall cover even the electronic, digital, or online means of manufacturing, production, importation, exportation, distribution, trading, displaying, broadcasting, streaming, importing of sale and other preparatory steps necessary to carry out the sale of counterfeit and pirated goods or contents to the public. IEO is empowered to monitor establishments, digital platforms, or individuals for the purpose of ensuring compliance with the Intellectual Property Code ("IP Code"). Monitoring can be conducted either at IEO’s initiative, or based on a report, information or complaint received, and through physical, digital, or electronic means.
Furthermore, IEO may now issue an Enforcement Order in response to a report or administrative complaint filed by a rights holder. An Enforcement Order may include:
- an order requesting the removal or blocking of access to counterfeit or pirated goods including advertisements in relation thereto, in coordination with the appropriate agency, body or intermediary service provider;
- a cease and desist order;
- an order to remove counterfeit and pirated goods from physical establishments;
- an endorsement or referral to other government offices for the cancellation of permits and licenses; and
- an other order issued to implement a decision of the IEO.
A Mission Order may then be issued to any IPOPHL personnel or designated law enforcement officer to implement or carry out a specific Enforcement Order. A Visitorial Order may be handed relative to the conduct of visits to establishments, business premises, and/or similar areas which are the subject of a complaint alleging an IP code violation. Lastly, a Compliance Order may also be directed to any person or business entity to comply with the provisions of the IP Code.
Such person or business entity is given a period of 72 hours to comply, unless otherwise stated in such Compliance Order, to avoid being subjected to administrative action.
