IPOPHL spotlights E-Commerce MOU’s role in helping MSMEs face cross-border IP enforcement

June 17, 2025

The Intellectual Property Office of the Philippines (IPOPHL) recently shared its approach to cross-border intellectual property (IP) enforcement, highlighting the Philippines’ collaborative framework, through its E-Commerce Memorandum of Understanding (MOU) as a model for protecting brands and micro, small and medium enterprises (MSMEs) in the fast-evolving digital marketplace.

Speaking at an international forum on IP enforcement, IPOPHL Director General Brigitte M. da Costa-Villaluz detailed the Philippine experience in tackling the surge of counterfeiting and piracy in the digital economy.

“The MOU is an equalizer, because it does not… discriminate among the signatories. So you can be a jewelry maker, designer of bags, an artist, musician, and in fact, we have that portfolio,” IPOPHL Director General Brigitte M. da Costa-Villaluz said. 

IPOPHL launched the E-Commerce MOU in March 2021 as a response to the proliferation of fake goods during the pandemic. The framework, inspired by the E-Commerce MOU first adopted in the European Union, introduced a voluntary system of notice and takedown to combat IP infringement online without resorting to litigation. 

Starting with 12 signatories, the MOU has expanded to 107 signatories today, comprising major e-commerce platforms, brand owners from micro to big entities across multiple industries and leading business chambers.

“We believe this model is effective, because the lines of communications are opened.

The platforms are very cooperative. The rights holders have their focal persons where there is direct communication. And IPOPHL facilitates the onboarding of the signatories. We also facilitate and assist in the yearly review. So we believe that if we have more companies on board and more cooperation, we will have better results,”

Da Costa-Villaluz shared that proactive takedowns with the reporting system among the stakeholders and digital platforms averaged between a remarkable 85% to 93% in the past year. 

“So there is no need to file a case. There is only a need to communicate with each other,” she added, emphasizing that in the Philippines, where MSMEs account for over 99% of businesses,  trust between a suki or a loyal customer and a seller has grown and now extends to the digital marketplace.