IPOPHL says informed, cautious online shoppers can drive off counterfeiters
April 19, 2021
The Intellectual Property Office of the Philippines (IPOPHL), in a recent Committee meeting of the American Chamber of Commerce of the Philippines (AmCham), underscored the importance of consumer education in barring counterfeiters from succeeding in e-commerce, advising that there are only “5Ps” to remember to shop safely.
“Educating e-commerce consumers is key to protect them against online counterfeits, infringements and even consumer risks,” IPOPHL’s IP Rights Enforcement Office (IEO) Officer-in-Charge Ann N. Edillon said at the AmCham meeting on “Counterfeit: E-Commerce Security Threats in the Digital Age” held last April 14.
Citing as example IEO’s recent case on the Direk Paul’s Classroom, which was raided on an online selling event, Edillon stressed the need for “a consistent education drive to create aware and mindful consumers who don’t buy emotionally or because [an item] is cheap.”
To recall, the IEO received three reports that led to the raid of the Direk Paul’s store of counterfeit Louis Vuitton products. The irate buyer-reporters claimed that they paid a hefty price for a bag that appeared to be counterfeit. When they demanded a return, the seller, who always makes clear that the authenticity of his items are “not guaranteed,” ghosted them.
Promoting precaution when shopping online, Edillon presented the “5Ps” (Packaging, Price, Product, Promotional Message and Place) to scrutinize to avoid fakes or return them immediately.
Edillon also said platforms and payment gateways must have evolving mechanisms that can properly address consumers’ ever changing needs, issues and complaints.
The IEO chief encouraged online shoppers to reach out directly to right holders to inform of posts that probably relate to the counterfeiting or piracy of their IPs. If IP right holders are unknown or hard to reach, consumers may file a report at the IEO who will find and inform the brand owner.
Edillon said that IEO’ s remedies for IP right holders “are disruptive to business,” citing the office’s power to issue visitorial, takedown and site blocking orders. She added that IEO can also refer cases to local government units and request the cancellation of IP violators’ business permits, as well as to the Department of Trade and Industry (DTI) for the suspension or cancellation of business name registration.
Also at the meeting were DTI E-Commerce Lead Assistant Secretary Jean T. Pacheco, who discussed government and private sector roles in building trust in the online sphere, and Atty. Edmund Jason Barranda of Barranda & Associates, who discussed the benefits of the recent partnership between various e-commerce platforms and brand owners in efficiently taking down posts that sell counterfeit goods and pirated content. ### (Janina Lim, Media Relations Officer)
Invitation to Submit Comments: RA 8293, as amended
Request for comments on the proposed amendments to Office Order 154
