The Intellectual Property Office of the Philippines (IPOPHL) has introduced new regulations on site blocking during the Philippine Creative Industries Month in September. These rules are anticipated to limit access to pirated websites significantly, aiming to improve the Philippines’ standing as the third-highest in piracy rates in East and Southeast Asia.
Approved by IPOPHL Director General Rowel S. Barba on September 20, 2023, the Rules on Voluntary Administrative Site Blocking became effective two months after their publication.
Barba stated, “The National Telecommunications Commission (NTC) and several internet service providers (ISPs) collaborated to combat the challenges faced by our creative industry. IPOPHL, as an ex-officio member of the Philippine Creative Industries Development Council, is excited to announce the operationalization of the site blocking mechanism. This tool will be instrumental in protecting the creativity that fuels our economy and defines our cultural identity.”
Barba aims to replicate Indonesia’s successful efforts in blocking pirated websites, where over 50 percent of users have discontinued or only sporadically use pirate services due to government initiatives starting in 2019.
“We urge rights holders to utilize this tool to preserve the value of their intellectual property,” Barba emphasized.
According to the regulations, the process commences when a rights holder or their designated agent submits a written request, along with the required fees, to the IP Rights Enforcement Office (IEO). An IEO official will then evaluate the application within 10 working days and present their assessment report. The report, along with a recommendation on issuing a site blocking order or not, is sent to the supervising director or deputy director general for approval within five working days.
As part of the due procedure, the blocking request will be sent to the website administrator. If the website administrator’s contact details cannot be located despite reasonable efforts, a copy of the request will be posted on the IPOPHL website as a formal notice.
Website administrators must file an objection within seven calendar days of receiving the request or the notice’s publication. An IEO officer will evaluate the grounds of the objection within seven working days and provide a final decision to the supervising director or deputy director general.
If no objection is received within the stipulated time, the supervising director or deputy director general will instruct ISPs to block the website within 48 hours. ISPs must implement the order within the same timeframe. ISPs have the authority to block access through entire Domain Name Systems (DNS), specific IP addresses, Uniform Resource Locators (URLs) for websites, and any other available channels.
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