The Philippines has remained off the United States Trade Representative (USTR)’s Special 301 Watch List for the 13th straight year, reflecting continued efforts to strengthen intellectual property (IP) protection and enforcement.
In its latest report, the USTR cited several Philippine initiatives as good practices, including sustained investment in specialized IP enforcement units and courts to address counterfeiting and piracy.
The report also noted the creation of the Department of Trade and Industry’s e-Commerce Bureau in March 2024, which is tasked with improving oversight of online transactions and curbing counterfeit goods.
The bureau is expected to finalize a memorandum of understanding with the Intellectual Property Office of the Philippines (IPOPHL) this year to enhance inter-agency coordination in the digital space.
IPOPHL’s public awareness efforts were likewise recognized, including the “Pirated Inferno” comic campaign rolled out through local governments, schools, and civil society groups.
The agency, in partnership with the National Book Development Board, is working to translate the material into more Philippine languages.
The USTR also highlighted the National Judicial Colloquium on Intellectual Property Adjudication, which brought together judges from Special Commercial Courts to improve handling of IP cases.
IPOPHL director general Teodoro C. Pascua said the country’s continued exclusion from the watch list underscores coordinated government action.
“Our consistent standing reflects the strength of our whole-of-government approach, with the National Committee on Intellectual Property Rights (NCIPR) at its core. Through the NCIPR, enforcement agencies, regulators and partners are able to act in a more coordinated and strategic manner against counterfeiting and piracy,” he said.
The NCIPR is an inter-agency body composed of 15 government offices involved in IP protection and enforcement, coordinating joint operations, policy work, and capacity-building initiatives.
IPOPHL deputy director general Nathaniel S. Arevalo said the group will continue to build on gains through stronger coordination and digital monitoring.
“This is a testament to the hard and smart work, dedication and commitment of the NCIPR in upholding IP rights protection and enforcement, and in safeguarding the welfare of Filipinos,” he said.
“Having planted the seeds of whole-of-society approach, we will continue to build on these gains by strengthening enforcement coordination, enhancing digital monitoring capabilities and expanding our public awareness initiatives. We are positive that we are capable to meet the demands of an increasingly evolving environment in view of the advances in technology and commercial activities in the digital environment.”
Addressing issues
IPOPHL also pushed back against the USTR’s characterization of the Philippines as a source of counterfeit medicines, clarifying that a 2020 study cited in the report described the country as a “provenance economy,” which does not definitively establish whether it is a source or a transit point.
The agency and the NCIPR said more accurate data, including identifying product origins, is needed to address enforcement gaps.
The USTR also flagged delays in opposition and cancellation proceedings. IPOPHL said it is working to reduce backlogs and improve efficiency, including promoting alternative dispute resolution as a faster and more cost-effective option.
It added that such proceedings are quasi-judicial in nature and may be affected by factors such as repeated extension requests and non-appearance of parties or counsel.
Christine Pangilinan-Canlapan, director of the Bureau of Legal Affairs and supervising director of the IP Rights Enforcement Office, said reforms are ongoing.
“We take these observations as opportunities to further strengthen our systems. Our reforms are ongoing and include streamlining procedures, enhancing digital systems and strengthening coordination,” she said.
“Our goal is not only to maintain our standing, but to ensure that our IP environment truly supports innovation, investment and consumer protection,” she added.
The USTR Special 301 Report is an annual review of how trading partners protect and enforce intellectual property rights.
Countries with identified gaps may be placed on the Watch List or Priority Watch List, while those showing sustained improvements remain off the list.
