ISP copyright and trademark liability solutions in Philippines and Thailand

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.