IP leaders in government and business spheres recently signed a memorandum of understanding (MoU) to counter piracy and counterfeiting on e-commerce platforms in the Philippines. This followed the signing of a similar MoU in Thailand (for further details please see "IP rights infringement countermeasures having positive effect on market").
The Philippines MoU seeks to establish codes of best practice among online retailers to curb online IP infringement – a goal shared by businesses across the region – via self-regulation.
Self-regulation measures include notice and takedown procedures, which IP owners can use as a uniform means of informing e-commerce sites that goods are being sold which infringe their trademarks, copyright or other IP rights. Feedback mechanisms between e-commerce platforms and rights holders will also be strengthened so that e-commerce sites can likewise inform rights holders of potential infringement incidents on their networks.
During the COVID-19 pandemic, consumers have relied heavily on e-commerce, resulting in a significant expansion of the market and the establishment of MoUs of this nature. Rowel Barba, director general of the Intellectual Property Office of the Philippines, stated that the Intellectual Property Rights Enforcement Office received 121 reports and complaints during 2020.
The MoU was produced in collaboration with the British Embassy in Manila, under the UK Prosperity Fund ASEAN Economic Reform Programme. As was the case in Thailand, Lazada and Shopee – major e-commerce players in the Southeast Asian market – have signed the MoU, along with significant IP-portfolio owning companies (eg, Unilever, GlaxoSmithKline, Castrol, Globe Telecom and Solar Pictures), the American Chamber of Commerce of the Philippines and the Philippine Retailers Association.
This development should reinforce confidence in the Philippine IP market and assure investors that strict enforcement measures are in place to deter potential online infringement.
