The Intellectual Property Office of the Philippines (IPOPHL) has issued the mechanisms that would allow internet service providers (ISPs) to block sites that offer pirate services.
Memorandum Circular (MC) 23-025 or the Rules on Voluntary Administrative Site Blocking was signed on September 20 by Rowel Barba, IPOPHL director-general, and will take effect two months after publication.
On the same day, IPOPHL signed agreements with the National Telecommunication Commission (NTC) and ISPs, namely Globe Telecom, Inc., Smart Communications Inc., PLDT, Inc., Sky Cable Corp. and DITO Telecommunity Corp.
Under the memorandum of understanding (MOU) with ISPs, the latter commit to willingly block sites directly upon IPOPHL’s request issued after a determination of violation.
This streamlines the current process which requires the involvement of the NTC.
The agreement with the NTC widens IPOPHL’s oversight to over 300 ISPs not part of IPOPHL’s site blocking MOU with ISPs, obligating them to disable access to piracy sites.
Under the MC, the process is initiated once a rights holder or a duly authorized representative files a written request with the IP Rights Enforcement Office.
This Office will submit an evaluation report containing recommendation on the issuance or non-issuance of a site blocking order to the supervising director or deputy director-general who in turn will make the final decision.
ISPs can disable access either to entire Domain Name Systems ; IP addresses; Uniform Resource Locators for targeted websites, or through any other alternative means.
Barba said the MC will disrupt access to pirated sites significantly and pluck out the Philippines from being third in East and Southeast Asia in having the highest piracy rate.
With the MC, he said, IPOPHL to hopes replicate the success of Indonesia where more than 50 percent of consumers have stopped or now rarely access pirate services as a result of its government’s blocking measures which started in 2019.
