THE government agencies and several Internet service providers (ISPs) are teaming up to streamline the mechanism in blocking pirated web sites.
In a statement on Wednesday, the Intellectual Property Office of the Philippines (IPOPHL) said that it will be signing a memorandum of understanding (MOU) with the National Telecommunications Commission (NTC), along with local ISPs, to address the matter.
The ISPs that will participate include Globe Telecom Inc., Smart Communications Inc., PLDT Inc., Sky Cable Corp., Converge ICT Solutions Inc. and DITO Telecommunity Corp.
IPOPHL said the MOU will cover the intercoordination guidelines for site-blocking process. The memorandum will also outline the parties’ commitments to assure the success of the site-blocking drive as this process usually takes around two hours once an order is received from NTC.
“The order from NTC will result from IPOPHL’s order based on the latter’s appreciation of a verified complaint from the concerned IP right holder regarding piracy,” the IP office said.
For the part of ISPs, they welcomed the collaboration as this will help in identifying fake web sites from “false positives” or legitimately law-biding sites, avoiding the shutdown of the latter. In addition, the ISPs said this will also allow continued access to these legitimate web sites.
IPOPHL’s IP Rights Enforcement Office (IEO) Officer-in-Charge Director Ann N. Edillon said that the agency has a “fine-toothed comb” for a complaint validation process. This ensures that all evidence will point out to a case of piracy before referring a site blocking to NTC, Edillon said.
“The duration of IPOPHL’s investigations will depend on the merits of the case and evidence submitted, but we always ensure a speedy and thoroughly validated decision,” she added.
Some ISPs said they were also open to having IPOPHL directly issue a blocking order, but this arrangement is yet to be discussed when finalizing the MOU.
These telecommunication firms noted that the current protocol, which requires NTC to validate IPOPHL findings first before issuing a blocking order, meant additional days of waiting when ideally such pirated sites should be blocked real time.
IPOPHL noted that various bills are being consolidated currently to amend the IP Code, making it parallel with global practices. Expanding IEO’s administrative enforcement powers to issue blocking orders is among the proposed amendments.
IPOPHL Deputy Director General Teodoro C. Pascua, meanwhile, encouraged the IP rights holders to lodge complaints so they can “test the blocking process as soon as possible.”
He added: “With these intercoordination mechanisms being developed, IP right holders must be more active and emboldened to enforce their IP rights and file a complaint with our IEO. Rest assured that IPOPHL and its anti-piracy partners will work hard to ensure the successful and timely removal of their pirated content online and avert the losses of an already struggling industry.”
IPOPHL announced its partnership with Asia Video Industry Association (Avia) to curb piracy in the creative sector last week.
Apart from building the expertise and technical knowledge of local authorities, IPOPHL and Avia also want to establish piracy monitoring and rolling site blocking processes and strategies.
Last year, piracy complaints by right holders and reports by netizens reached 54, which is more than the 51 cases reported for all IPO violations elevated at IPOPHL’s IP Rights Enforcement Office in 2019.
Majority or 94 percent of the piracy complaints and reports last year took place online.
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