In the Philippines Senate Bill No. 2109 a.k.a. the Philippine Online
Infringement Act is close to enactment. It will establish a system to allow complaints
filed at the IPO to notify the National Telecommunications Commission to
terminate trading licenses for ISPs that continue to permit hosted websites to
infringe or assist copyright infringement.
Meanwhile in Thailand
a new bill seeks to put teeth into a system which was out in place several
years ago. Thai copyright law amendments,
details of which are here, failed to deliver the results needed. That is to
require ISPs to take down infringing content or risk an injunction, Instead
ISPs frequently require a court order to remove illicit content. The new bill
establishes a notice and takedown system
to provide save harbor. If they don’t comply, ISPs become liable for the
infringement.
In both countries
copyright enforcement should become easier; however trademark infringements hosted by ISPs remain
problematic. ISPs especially e-commerce sites also need safe harbor protected
by notice and takedown, along with a threat of injunctions and if they fail to
comply, liability. And if possible fast administrative site blocking.
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