To provide relief to artists, the IPOPHL sees the implementation of a rolling site blocking regime soon for a faster blocking of pirating sites.
Intellectual Property Office of the Philippines (IPOPHL) Director General Rowel S. Barba said at the 2nd Creative Industries Summit his intention to implement the regime after holding a virtual public consultation of the draft supplemental rules on site blocking on 08 March 2023.
“A rolling site blocking regime will enable IPOPHL to disrupt access to pirating sites on a faster and continuous process. Such is already in place in various ASEAN countries and we hope to replicate their successes for the relief of Philippine creators,” Barba said.
At the same time, Barba said that the most effective way to protect intellectual property rights is by updating the IP Code of 1997, a legislation which is part of the priorities of the Philippine Development Plan 2023 - 2028 towards deep economic and social transformation.
“Indeed, we truly feel that the 19th Congress is taking this call to heart as our honorable lawmakers in the House of Representatives, particularly the Committee on Trade & Industry Chaired by Cong. Marvey A. Mariño, recently initiated the consolidation of all bills related to the IP Code amendments and approved House Bill (HB) 7028 sponsored by Cong. Joey S. Salceda, giving IPOPHL the power to issue site blocking orders to be implemented by internet service providers,” the IPOPHL chief added.
The four separate bills filed to amend the IP Code and now being consolidated are HB 799 by Cong. Salceda, HB 888 by Cong. Michael L. Romero, HB 2672 by Cong. Christopher “Toff” V.P. De Venecia, and HB 3838 by Cong. Lex Anthony Cris A. Colada.
Some of the amendments for copyright include having clear-cut rules on orphan works and recognizing extended collective licensing, through which collective management organizations can extend the license they issue to non-members.
Meanwhile, some amendments on enforcement in relation to copyright include granting IPOPHL the power to order the blocking of websites with infringing content, as well as institutionalizing its IP Rights Enforcement Office which is on top of piracy and counterfeiting complaints lodged at the office.
De Venecia, in his opening remarks at the Creative Industries Summit, cited the IP Code amendments as one of the crucial legislation to help Filipino creatives capitalize and optimize their assets.
“If passed this will enable more protection and enforcement of our IP rights which will encourage us to create more original content with less fear of infringement or piracy,” said the representative of Pangasinan’s fourth district.
IPOPHL attended the summit as an ex-officio member of the 19-member Philippine Creative Industries Development Council. The Council, mandated to create a long-term plan for the promotion and development of creative industries, was created by Republic Act 11904 or the Philippine Creative Industries Act of 2022 or PCIDA. PCIDA aims to lay the regulatory foundation and policies that foster a dynamic and collaborative environment for empowering Philippine creative talent.
Department of Trade and Industry (DTI) Secretary Alfredo E. Pascual, also chair of the PCIDA, said the creative industry is a “priority industry” as it is “central to the DTI’s industrialization and industrial transformation strategy which are driven by science and innovation.”
In her speech, DTI Undersecretary of the Competitiveness and Innovation Group Rafaelita M. Aldaba highlighted this nexus between creativity and innovation as she cited technologies revolutionizing how creators connect with a wider audience and deliver through new forms of creativity.
Among them is the metaverse, artificial intelligence and the blockchain, the latter of which is a decentralized and secured digital ledger which she said can create “new opportunities for copyright protection, digital asset management and creative financing, unlocking new sources of revenue for artists and creators.”
Barba also echoed the exciting possibilities of the technological revolution but also recognized the new and more complex challenges of creators, particularly in protecting their IP rights online.
“They face a digital world where content can be copied and shared in an instant, where violators can hide within the dark web, and where content and commercial posts that have been taken down can be easily re-uploaded using a different identity,”