The National Committee on Intellectual Property Rights (NCIPR) — steered by the Intellectual Property Office of the Philippines (IPOPHL) as vice-chair — said it is more watchful than ever for counterfeiting and piracy trends in the COVID-19 crisis, urging everyone to follow suit and take active roles in preventing the illegal trade from adding to our troubles.

“Counterfeiters will likely ride on the wave of the public’s spending behavior, as observed historically in both local and global markets,” IPOPHL Director General Rowel S. Barba said, citing as example the Office’s receipt of a report on the sale of alleged counterfeit N95 respirators at the height of the Taal Volcano eruption in January which pushed the supply of N95 masks to its limits.

“The gaping hole between supply and demand all over the world is also an easy entry point for counterfeiters. We saw this week that amid the continuing global mask shortage, mask maker 3M Co. filed its first COVID-related lawsuit for alleged trademark infringement, among others. Like IP rights holders, various agencies of the 12-member NCIPR have eyes wide open amid the crisis,” Barba added.

Besides masks and other personal protection gears, the team has also flagged pharmaceuticals, hygiene products, food, and beverages as the top categories likely to attract significant counterfeiting activities due to the surge of demand for these products.

Food, drinks — particularly alcohol — and pharmaceutical products accounted for 2% in NCIPR’s 2019 seizures and 5% in the 2018 haul. While the contributions appear negligible, the effects of counterfeiting these products are extremely harmful and even deadly.

“Given that they bypassed quality control checks, counterfeit medicines and food and beverage products can cause irreparable damage to health. Specifically, contraband protective gears will likely erase the gains we have been achieving so far in containing the spread of the virus. Needless to say, counterfeit versions of these basic essentials cost lives,” Barba said.

Barba urged the public to be more vigilant and to not hesitate sending IPOPHL a report on speculated counterfeit products they encounter in any online marketplace or brick-and-mortar, emphasizing that reporting counterfeit trade may save a life.

Anyone can send a report to operations@ipophil.gov.ph.

Illegal streaming surges at the outset of quarantine

Barba also warned of a rise in piracy in the local setting. Data from IPOPHL’s Enforcement Office (IEO) show that counterfeiting and piracy complaints for March alone stood at 21, already surpassing the 14 complaints received for the entire 2019.

Of the March 2020 reports, four or 19% involved piracy, specifically illegal streaming and illegal downloading of movies, making for the first piracy complaints of the year. All have been reported to rights holders and platforms, three have been taken down while two are pending for resolution.

“The findings are expected given that many are scrambling to find various sources of entertainment during the quarantine period. We have taken action by informing the rights holders, associations, and involved platforms and coordinating with them for the successful removal of the offending posts or offers,” Barba said.

The IPOPHL chief added that Facebook was the top platform pervaded by pirates but the social media platform was cooperative enough to immediately take down the offending posts.

Enforcement efforts do not stop online

Even with the quarantine in place, the IEO has not stopped accepting informal reports which the Office still acts upon by

Informing rights holders and calling out the reported unscrupulous sellers and/or the marketplaces permeated by the suspected illegal activity.

However, seizure operations and case filings are suspended as trial courts, which issue the search warrants that permit the raids, are also shut.

In the meantime, NCIPR is pinning hopes on its members, the Philippine National Police (PNP) and the Bureau of Customs to take on significant roles in the fight against counterfeits, given their authorization to inspect quarantine checkpoints and borders, respectively — part of their regular police powers.

“We were assured by the PNP and Customs that their inspection efforts will be thorough enough to capture counterfeits, arrest their movement, and prevent them from exacerbating our present burdens. Everyone in the NCIPR, thankfully, remains committed to the fight against counterfeiting  given its life-and-death stake here,” said IPOPHL Deputy Director

General Teodoro C. Pascua who ensures actions on intellectual property rights enforcement within the NCIPR are coordinated.

Excel V. Dyquiangco