The advancement of information technology and the significant growth of the digital economy have driven an increase in commercial activities, content distribution, and the promotion of goods and/or services through various digital platforms and electronic systems. Alongside these developments, new challenges have emerged in the protection of Intellectual Property (“IP”) in the digital landscape, where the potential risk of IP infringement has become more prevalent and complex.
IP infringement within electronic systems occurs through the use of electronic information and/or electronic documents involving activities such as producing, selling, reproducing, distributing, or otherwise exploiting materials, creations, goods, services, and/or distinctive signs protected by IP rights without the authorization of the rightful owner or right holder.
In response to these developments, the government enacted the Minister of Law Regulation No. 47 Year 2025 concerning the Handling of Intellectual Property Infringement Reports in Electronic Systems (“MoL Regulation No. 47 Year 2025”), which came into effect on 5 December 2025. This regulation establishes the reporting mechanism and procedures for handling alleged IP infringements occurring within electronic systems.
─ REPORTING MECHANISM
Alleged IP infringements within electronic systems may be reported to the Minister of Law by: (i) IP right holders whose rights have been duly registered or recorded with the Directorate General of Intellectual Property(“DGIP”); or (ii) IP license holders whose licenses have been duly recorded with the DGIP.
Reports may be submitted:
- electronically, by completing the form available on the official DGIP website; or
- non-electronically, by submitting the form at the DGIP service counter.
─ REPORTING REQUIREMENTS
A report must, at least, contain the following information:
- the identity of the reporting party;
- the type, address, and/or name of the portal, website, application, or link containing electronic information and/or electronic documents on the internet that are alleged to infringe IP rights;
- a brief description of the alleged infringement; and
- any other relevant information relating to the goods and/or services suspected of infringing IP rights.
─ EXAMINATION AND VERIFICATION PROCEDURES
Upon submission of a report, DGIP will conduct an administrative examination. Reports that meet the requirements will be recorded in the register of IP infringement reports in Electronic Systems.
The Minister of Law, through the Director General, will then establish a verification team comprising representatives from the Ministry of Law, the ministry responsible for communication and information technology, and relevant IP associations.
The verification team is tasked with:
- examining the validity of the reported alleged IP infringement in electronic systems;
- preparing official report of the verification results;
- providing an assessment as to whether the relevant portal, website, application, or link containing electronic information and/or electronic documents allegedly infringing IP rights should be partially or fully restricted, including through access blocking; and
- preparing recommendations based on the verification results.
─ RECOMMENDATION FOR WEBSITE BLOCKING OR ACCESS RESTRICTION
Where the verification results indicate the presence of IP infringement, the verification team may issue recommendations in the form of:
- partial blocking of the website;
- full blocking of the website; and/or
- restriction of access to infringing content.
Reopening of a website and/or restoration of access
The reopening of a website and/or the restoration of access that previously been restricted may be permitted subject to the following conditions:
- the existence of proper authorization or a cooperation agreement with the rightful owner or right holder of the relevant IP rights; or
- the existence of a settlement reached through mediation with the reporting party.
This regulation is expected to strengthen the enforcement mechanism against IP infringements in the digital space. Through the establishment of clear reporting and verification procedures, as well as the possibility of website blocking or access restriction infringing content, IP owners and right holders are now equipped with more effective instruments to protect their rights in the digital economy era.
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