House passes bill strengthening IPOPHL, efforts against piracy, counterfeiting
THE House of Representatives on Monday approved on third and final reading a bill that will strengthen the powers and functions of the Intellectual Property Office of the Philippines (IPOPHL), and amend the Intellectual Property Code (IP Code) to adapt to recent advancements in technology and further address piracy and counterfeiting.
Voting 267 against zero and one abstention, the chamber approved House Bill (HB) No. 7600 which would give IPOPHL additional powers to prevent counterfeit or pirated goods or contents.
“With the proposed additional functions of the Intellectual Property Office and the new amendments to Republic Act No. 8293, we hope to respond to recent advances in technology since its last revision. We also hope that with this important legislation, we will be able to adopt some of the current best practices in the international community,” Speaker Ferdinand Martin G. Romualdez said.
“Our laws must also respond to prevalent and more advanced forms of piracy and counterfeiting nowadays and with this proposed law, we hope to support governmental efforts that would protect intellectual property,” Speaker Romualdez added.
Some of the principal authors of the bill are Reps. Joey Sarte Salceda, Manuel Jose M. Dalipe, Stella Luz Quimbo, Mario Vittorio “Marvey” A. Mariño, Joselito Sacdalan, Jose Alvarez, and others.
The bill defines counterfeit and pirated goods and authorizes the IPOPHL to gather intelligence information, and investigate violations of the IP Code and develop countermeasures to deter counterfeit or pirated goods or content.
If passed into law, the measure will also allow IPOPHL to visit establishments and businesses suspected to be in violation of RA 8293.
HB 7600 also adds a new Section 216-A on Preventive Action on Online Infringement which empowers the IPOPHL, after due notice and hearing, to disable access to an online location or website and prevent further access to an online location whose primary purpose or primary effect is to infringe the copyright or facilitate copyright infringement.
It would also allow copyright owners or the exclusive licensee of copyright to submit an application to the IPOPHL to order the disabling of access to any infringing online location identified in the application.
The bill likewise increases the range of administrative fines that can be imposed by the Director of Legal Affairs from a minimum of P5,000 and a maximum of P150,000 to a minimum of P 100,000 and a maximum of P1 million. The maximum additional fine for each day of a continuing violation is also raised from P1,000 to P10,000.
