040507: IP, NTC sign rules on cable piracy

By Ma. Elisa P. Osorio
The Philippine Star 04/05/2007

Cable piracy cases will now be resolved faster after the Intellectual Property Office (IP Philippines) and the National Telecommunications Commission (NTC) signed the implementing rules and regulation (IRR) of last year's memorandum of agreement.

"The IRR provides for a means to resolve complaints involving intellectual property issues in the cable industry," Adrian S. Cristobal Jr., Director General of IP Philippines, said.

IP Philippines said the IRR will expedite the resolution of cases filed with the NTC against cable operators involving violations of intellectual property rights, and NTC rules and regulations.

Under the agreement, the offended party may directly file a complaint against cable operators with IP Philippines for violations of intellectual property rights (IPR) involving violation of permits, issuance of licenses and authority to operate radio and television broadcasts including cable TV.

If the NTC determines that the case is an IPR violation, it shall endorse the complaint to IP Philippines for appropriate action. IP Philippines shall furnish copies of its orders, decisions or resolutions to NTC.

"Aside from this administrative mechanism, the offended party can still file a criminal or civil complaint against the alleged cable pirate for violating laws on intellectual property rights and cable   piracy," Cristobal noted.  

The two government agencies held a public hearing on Feb. 21 for the IRR and solicited suggestions from the stakeholders who were present. Members of the Cable and Satellite Broadcasting Association of Asia (CASBAA), the Philippine Cable Television Association (PCTA), and other cable companies attended the hearing. They submitted their comments before the draft of the IRR was finalized.

In its official comments, CASBAA and its members "warmly welcome the prospect of effective action by the Philippine government to protect intellectual property rights in the broadcasting      industry."  

"We are grateful for the participation of the private sector in helping us craft the agreement, and for the local government units in monitoring and enforcing IP laws in this sector. This is a result of the successful public-private partnerships we have formed in the cable industry," Cristobal explained.

The IRR forms part of a joint program of IP Philippines and NTC in monitoring and enforcing IP laws in the cable industry. The two agencies have a calendar of activities that include workshops and trainings for their officials to enhance skills in resolving issues related to cable piracy.

 

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