Netizens, accounting for 113 or 75% of reporting and complaint filings, contributed the most to the new record, followed by IPOPHL’s own monitoring and referrals from other government agencies (29 or 19%), and intellectual property (IP) rights holders (nine or 6%), according to data from the IP Rights Enforcement Office (IEO).

Counterfeiting garnered a total of 114 reports and complaints, making up for 75% of the total. Apparel items remained to be the most counterfeited as it accounted for 85 counts or 75%. Perfume and beauty products followed with a total of eight counts (7%), next to five of pharmaceutical and medical products (4%) and five of other items, such as umbrellas and keychains (4%).

On piracy, the IEO received 37 reports and complaints. General and educational books and e-books accounted for 49% with 18 counts. Software and TV shows/movies were the next most sold or shared illegally online, with each having nine records and a 24% share to the total piracy count. 

Piracy and counterfeiting continued to rage in the online space as 136 or 90% of the 2021 reports and complaints noted that the violations took place in e-commerce platforms, social media and other websites. 

Facebook remained at the center of alleged IP violations, as shown in 87 records focused online. It was followed by Shopee with 27 reports or complaints; Lazada with 10; Instagram with four; and Carousell with two.

“We are inspired to see the online community continuing to take charge in creating a more alert IP environment amid rising demand for content and renewed consumer appetite. The surge of counterfeiting and piracy reports since the start of the COVID-19 pandemic has then been met with our stronger IP awareness and enforcement efforts to counter this trend. The active support of netizens in combating IP violations is a concrete result of our efforts,” IEO Officer-in-Charge Ann N. Edillon said.

“We encourage IP rights holders to take advantage of IP protection features on online platforms to discover more strategic ways to counter IP violations,” Edillion added. 

In the event that online IP protection features cannot resolve the IP rights holder’s issues, a formal complaint can be filed at IPOPHL for further assessment and an issuance of an enforcement order from the IEO or a restraining order from the Bureau of Legal Affairs. 

Edillon noted that the IEO welcomes reports through its e-mail (operations@ipophil.gov.ph), mobile number (+639950220522) and Facebook Page.

“Although netizens have given us a boost in IP rights awareness through their reports, there is still much to be done to safeguard IPs in e-commerce and social media sites. We must fortify our efforts to combat fakes and piracy online, considering the steady role of online activities in reopening the economy.” Director General Rowel S. Barba said.

Following their sustained information, educating and dissemination drive against counterfeiting and piracy, the Intellectual Property Office of the Philippines (IPOPHL) received 134 counterfeiting and piracy complaints from rights holders and reports from the public in the first nine months of the year, with concerned citizens being the most active intellectual property (IP) violation reporters this year. 

This was revealed during the virtual KaIPhan: Brewing Intellectual Property Conversations held yesterday October 29, 2021.

The 2021 record shows that a 56% increase from the 86 recorded in the comparable period in 2020 was observed.

Counterfeiting accounted for 103 or 77% of total complaints and reports this year. Apparel topped the list with 81 counts or a 75.7% share to overall suspected counterfeiting, followed by perfume and beauty products (7.5%); other items, such as keychain, umbrella, etc. (4.7%); gadgets (2.8%); cigarettes (2.8%); food (2.8%); pharmaceuticals and medical products (2.8%); and home items (0.9%).

For piracy, TV shows/movies and educational books were the most shared or sold illegally online, with each category having nine counts and a share of 28.1%. These were followed by software (25%); general e-books (15.6%); and artwork (3.1%).

Concerned netizens accounted for 74% of all reporting activities, a finding that IPOPHL Deputy Director General Teodoro C. Pascua said “signifies the public’s growing awareness of piracy and its negative effects.”

“It’s very energizing to see that the general public is stepping up to prevent piracy from getting in our way toward recovery. IP rights holders must also be more vigilant than ever,” Pascua said, clarifying that the low complaints by IP rights holders at IPOPHL –– contributing the lowest at 5% –– does not necessarily mean lack of enforcement on their part. 

Rightsholders may already be coordinating with platforms to directly report and request the take-down of infringing posts or accounts, according to Pascua. 

To date, 13 brand owners and industry associations have joined hands with Lazada, Shopee and Zalora to develop and ensure efficient take-down mechanisms are in place in these shopping platforms. 

Since the COVID-19 pandemic, most of the counterfeiting and piracy have taken place on online platforms. This year, 61% of IPOPHL reports and complaints were on Facebook; 14.8% on Shopee; a total of 10.4% on unpopular websites; 6.6% on Lazada; 4.9% on Instagram; 1.6% on Carousell; and 0.5% on YouTube. 

“We encourage rights holders to continue taking advantage of platforms’ remedies to protect their IPs online. They should also work together with platforms so they can find more innovative mechanisms that can remove IP violating content at greater scale and in less time,” IP Rights Enforcement Office (IEO) Officer-in-Charge Director Ann N. Edillon said.

Edillon also encouraged IP rights holders to file a complaint at IPOPHL, when platforms’ remedies don’t work, so it can issue an enforcement order through the IEO or temporary restraining order through the Bureau of Legal Affairs or the courts.

An enforcement order can be a cease-and-desist order; an order to remove counterfeit and pirated goods or content from physical establishments; an endorsement or a referral to relevant government offices for cancellation of permits and licenses; and blocking of access to IP infringing sites, in coordination with the appropriate agency, among others.

In closing, IPOPHL Director General Rowel Barba pointed out the role of the media in helping the Intellectual Property of the Philippines Office n creating awareness about the importance of abating piracy and protecting the Filipino entrepreneurs in their rights, trademarks and brand from being counterfeited or pirated.

Furthermore, he hoped that beginning 2022, there will be a quarterly face-to-face KaIPhan to discuss what can be done to support the MSMEs and the innovators in the country.