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The Intellectual Property Office of the Philippines (IPOPHL), the country's anti-piracy body, has reaffirmed the Philippines’ commitment to safeguarding intellectual property (IP) rights as some global stakeholders flagged issues that risk bringing the country back to the Office of the United States Trade Representative's (USTR) watch list.
In a Feb. 10 letter addressed to Assistant US Trade Representative for Innovation and Intellectual Property Daniel Lee, IPOPHL said the country recognizes the importance of a strong and effective enforcement system to protect the IP rights of all stakeholders.
"The Philippines remains steadfast in its commitment to safeguard IP rights and continuously strive to enhance our enforcement capacity to combat counterfeiting and piracy, both in the physical and digital markets through a holistic and whole-of-nation approach," said IPOPHL Director General Brigitte da Costa-Villaluz in the letter seen by Manila Bulletin.
"We have made significant strides in this IP rights protection, have implemented and will continue to implement reforms aimed at improving the effectiveness of our intellectual property rights enforcement," she added.
The USTR, which oversees America’s international trade and investment policy, has initiated its 2025 Special 301 Review to identify countries that “deny adequate and effective protection of IP rights or deny fair and equitable market access to US persons who rely on IP protection.”
Results of this review are utilized by the USTR to craft the Special 301 Watch List to enumerate countries with major problems concerning IP protection.
In 2024, it listed Argentina, Chile, China, India, Indonesia, Russia, and Venezuela under the watch list’s priority, with 20 other countries included in the general watch list.
The Philippines was first included in the watch list in 1989 and remained there continuously from 1994 until its removal in 2014.
Since then, the country has maintained its absence from the list for 11 consecutive years, up to last year's, as the government increased its enforcement measures to crack down on the piracy market.
With its comments submitted to the USTR, IPOPHL aims to debunk issues and concerns raised by various stakeholders about the state of IP protection in the Philippines.
The International Anti-Counterfeiting Coalition (IACC), a global leader in combating pirated goods, alleged that right holders “perceive a lack of adequate infrastructure and political will to effectively protect and enforce their rights” in the country.
IACC also flagged the supposed rare criminal prosecutions and inefficient handling of cases in its support for the Philippines’ return to the Special 301 Watch List.
French organization Union Des Fabricants (Unifab) noted that while there is an increase in the number of seizures of counterfeit items, safe havens for infringers still exist.
Unifab cited areas such as Divisoria, Greenhills, and Binondo, recommending the need for “increased government pressure to close down known counterfeiting hubs.”
Meanwhile, the Washington-based National Association of Manufacturers (NAM) identified the Philippines among “the world’s biggest hubs for counterfeiting” alongside China, India, Thailand, and Turkey, often bringing counterfeit goods to the US.
In its response, IPOPHL noted that the country’s enforcement agencies have been intensifying their operations against pirated products.
Last year, the National Committee on Intellectual Property Rights (NCIPR) seized a record P40.99 billion worth of counterfeit goods.
IPOPHL added that the Philippines’ IP legal framework and prosecutorial processes meet the international standards regarding criminal prosecution of IP cases.
Such cases, however, are often hampered by lack of complainant follow-throughs.
As a result of stringent enforcement and effective policies, IP violations in the country have significantly decreased, the agency said.
“The Philippines has clearly demonstrated progress in strengthening its IP rights regime, as evidenced by recent legislative reforms, increased enforcement actions, and enhanced interagency cooperation,” IPOPHL stated.
The anti-piracy body said the government’s whole-of-nation approach, alongside ongoing reforms and initiatives, is making headway in the fight against piracy.
“Therefore, given the progress made and the ongoing efforts, the Philippines submits that its continued delisting from the Special 301 Watch List is warranted,” it said.
