OPINION

A 29-year-old law in the digital age

Fake products are openly sold on digital platforms, while pirated movies, music, software and books circulate freely online.

Rowel Barba

The Intellectual Property (IP) Code of the Philippines, or Republic Act 8293, was enacted in 1997 and took effect in 1998. At the time, the internet was still young, social media did not exist, e-commerce was practically unheard of, and artificial intelligence was science fiction to many Filipinos.

Twenty-nine years later, the world has drastically changed, yet our IP law remains largely the same except for some amendments on copyright, access to cheaper medicines, and protection of integrated circuits. This is precisely why the Intellectual Property Code urgently needs to be amended.

To be fair, the law has served the country well for decades. It helped strengthen the protection of patents, trademarks and copyrights while encouraging innovation and investments. It also enabled the Philippines to comply with international obligations under the World Trade Organization and other treaties. But laws must evolve with technology and the realities of modern commerce. A law crafted in the late 1990s cannot fully address the complexities of the digital economy in 2026.

One of the biggest challenges today is online piracy and counterfeiting. Fake products are openly sold on digital platforms, while pirated movies, music, software and books circulate freely online. Content creators, artists, inventors, and legitimate businesses continue to lose billions in potential income because enforcement mechanisms remain outdated.

The current IP Code was written before online marketplaces became part of our daily lives. It lacks stronger provisions that would clearly define the responsibilities of digital platforms in preventing IP violations.

The rise of artificial intelligence also raises new questions that the current law cannot adequately answer. How can creators protect their works from unauthorized use in AI training systems? What rights should innovators enjoy in an era where machines can produce art, music, and written materials? These are no longer future concerns. They are realities happening today.

Proposed amendments discussed in the House of Representatives beginning in 2021 aimed to modernize the law and align it with global developments. The House Committee on Trade and Industry then endorsed the measure, recognizing the need to strengthen IP protection, improve enforcement, and support innovation.

Representative and now Energy Secretary Sharon Garin, who chaired the technical working group discussions, even joked that the highly technical nature of intellectual property discussions gave her a “nose bleed.” Nevertheless, she worked with former Representative Toff de Venecia, then chair of the Special Committee on Creative Industry and Performing Arts. Despite these efforts, the proposed amendments did not gain enough traction in the Senate.

This legislative delay sends the wrong message to investors, innovators and creators.

Intellectual property protection is closely linked to economic growth. Countries with strong IP systems attract more investments in technology, research, creative industries and manufacturing. Weak or outdated IP laws discourage innovation because creators and inventors fear that their works can easily be copied without adequate protection.

The Philippines has no shortage of talent. Filipino musicians, filmmakers, software developers, designers, scientists, and entrepreneurs are globally competitive. What they need is a legal framework that protects their works in the modern economy. Amending the IP Code is not merely a legal exercise; it is an economic necessity.

Our Congress should act with urgency. Twenty-nine years is far too long for a law to remain unchanged amid the rapid technological transformation. If the Philippines truly wants to become an innovation-driven and knowledge-based economy, then Congress must ensure that our intellectual property laws are ready for the future, not trapped in the past.