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12 December 2023

[1] Under the Site Blocking Rules, a pirate website is a website that has the primary purpose or effect of infringing copyright or facilitating copyright infringement and/or that contains goods, materials, or contents which are made, produced, or replicated, without the consent of the copyright owner, right holder, or person duly authorized by the right holder. 

[2] The content and form of the complaint shall follow the requirements in the Revised Rules of Procedure for Administrative Enforcement of Intellectual Property Rights (Memorandum Circular No. 2020-049).   

[3] The safe harbor provision does not affect any obligation founded on contract, obligation of a service provider as such under a licensing or other regulatory regime established under written law, any obligation imposed under any written law, and the civil liability of any party to the extent that such liability forms the basis for injunctive relief issued by a court under any law requiring that the service provider take or refrain from actions necessary to remove, block or deny access to any material, or to preserve evidence of a violation of law. 

[4] Section 5.1(g), Intellectual Property Code of the Philippines. 

[5] Lian Buan, Carpio: NTC can’t block websites, groups can challenge order, Rappler, https://www.rappler.com/nation/antonio-carpio-says-ntc-cannot-block-websites-groups-can-challenge-order/

[6] G.R. Nos. 203335, et al., 18 February 2014. 

[7] See Section 512(c), Digital Millennium Copyright Act.  


  

If you have any questions or require any additional information, please contact Aubbrey Lim or Reeneth Santos of Inicio Law (a member firm of the KPMG Law Network). 


This alert is for general information only and is not a substitute for legal advice.

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