Expert Interview: Insights from our IP experts – the Philippines

Today, let’s meet Michele Elio De Tullio, our IP expert covering the Philippines!

Michele Elio De Tullio is an Italian lawyer and a qualified trademark attorney with over 30 years of experience, long-standing expertise in assisting European SMEs in navigating IP protection in South-East Asian markets. He is the founder of De Tullio & Partners, a law firm with offices in Rome and Bari and a liaison office in New York.

He has provided continuous and hands-on support to Italian and EU SMEs operating or expanding in South-East Asia, guiding them through the complexities of protecting, managing and enforcing their trademarks and other IP rights in the region, particularly in the Philippines, Singapore, Thailand, Vietnam, Myanmar, Malaysia, Indonesia, Cambodia and Laos.

"In SEA, unregistered IP is an invitation: file early, stay alert and enforce fast or lose control,” said Elio.

Michele Elio De Tullio is one of the many professionals in the South-East Asia IP expert network, supporting international SMEs across the region.

Q1: From your experience, what are the main IP risks or obstacles in The Philippines that EU SMEs should be aware of? 

• Enforcement gaps and slow litigation – While the Philippines IP laws are broadly aligned with international standards, court proceedings and administrative enforcement can be slow and resource-intensive, which may deter SMEs from pursuing infringement cases.
• Counterfeiting and piracy risks – Trademark infringement, copyright piracy, and look-alike products remain common in certain sectors (e.g. consumer goods, software, fashion), especially online and in informal markets.
• Bad faith registrant – EU SMEs risk losing brand control if they delay filing and a local party registers the mark first.
• Complexity of regulatory and administrative processes – Navigating IPOPHL procedures, customs recordals, and enforcement mechanisms often requires reliable local counsel, increasing costs for SMEs.
• Limited IP awareness among business partners – Some local partners, distributors, or manufacturers may underestimate IP protection, making clear contracts and IP clauses essential.

Q2: What are your top practical tips or advice for European SMEs regarding IP protection in The Philippines? 

• Register early and broadly – File trademarks, patents and designs in the Philippines as early as possible, covering current and foreseeable goods/services.
• Use local IP expertise – Work with reputable Philippines IP counsel to navigate IPOPHL procedures, deadlines, and enforcement options efficiently.
• Integrate IP protection into contracts – Clearly define IP ownership, licensing, confidentiality, and enforcement responsibilities in agreements with distributors, agents, and manufacturers.
• Monitor and enforce proactively – Regularly monitor the market and online platforms for infringement and use administrative, customs, or platform-based enforcement before resorting to litigation.
• Align IP with market strategy – Prioritise protection for core brands, technologies, and designs, balancing costs with commercial relevance to the Philippines market.

Q3: Is there something SMEs often misunderstand or overlook when it comes to IP protection in The Philippines?

SMEs often assume their EU or international IP rights offer automatic protection in the Philippines, underestimating the need for early local registration and active enforcement. They also overlook the importance of continuous market monitoring and overestimate the effectiveness of enforcement tools, especially online, where site-blocking is not available, and platform-based action is often the primary remedy. 

Discover our full network of IP experts across South-East Asia. 

Explore more insights on IP protection in the Philippines, download the Philippines IP country factsheet. 

If you have any further questions on how to protect your IP in SEA, contact us at expertsea-iphelpdesk [dot] eu (expert[at]sea-iphelpdesk[dot]eu).