PHILIPPINES
Since July 2002, entry into force in October 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The Philippines has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
PHILIPPINES
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
The Philippines lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Section 4 of the Intellectual Property Code, the protection of undisclosed information as an independent Intellectual Property right is recognised. In addition, the Revised Penal Code prohibits the unauthorised revelation of secrets or confidential information by either private individuals or public officers. Moreover, the Supreme Court ruling (Air Philippines Corporation v. Pennswell, Inc.) has extensively discussed the concept and defined a trade secret as a plan or process, tool, mechanism or compound known only to its owner and those of employees to whom it is necessary to confide it.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230205173609/https://www.wipo.int/wipolex/en/text/488675
- https://uk.practicallaw.thomsonreuters.com/w-018-1440?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://web.archive.org/web/20231123040816/https://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/PHL_revised_penal_code.pdf
- https://web.archive.org/web/20240614010015/https://www.chanrobles.com/cralaw/2007decemberdecisions.php?id=1435
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PHILIPPINES
Reported in 2019, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that passive infrastructure sharing is mandated in the Philippines for the provision of telecommunications services to end users.
Coverage Telecommunications sector
PHILIPPINES
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that the Philippines does not impose a requirement of functional separation on operators possessing significant market power (SMP) within the telecommunications sector. Nevertheless, an obligation of accounting separation has been in force since 1995 pursuant to Section 19 of the Public Telecommunications Policy Act of the Philippines (Republic Act No. 7925). This provision stipulates that, where a single entity operates across more than one category of telecommunications service, separate books of account must be maintained for each category or specialised classification. In addition, Section 11.c provides that telecommunications entities may offer value-added services, subject to the condition that distinct accounting records are likewise maintained for such value-added service activities.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260513164331/https://datahub.itu.int/data/?i=100047&s=8421&e=PHL
- https://web.archive.org/web/20260513163355/https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3071
- https://web.archive.org/web/20250725082650/https://www.lexology.com/library/detail.aspx?g=ab0610f2-a57d-4f0f-89e1-1f4e6acd3876
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PHILIPPINES
Since March 1995
Since February 1987
Since February 1987
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Republic Act No. 7925 - Public Telecommunications Policy Act of the Philippines
The Constitution of the Republic of the Philippines
The Constitution of the Republic of the Philippines
According to Section 16 of the Public Telecommunications Policy Act of the Philippines, no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise. The National Telecommunications Commission, in granting a Certificate of Public Convenience and Necessity (CPCN), may impose such conditions as to duration and termination of the privilege, concession, or standard or technical aspects of the equipment, rates, or service, not contrary to the terms of the franchise.
As established in Article XII of the Philippine Constitution, franchises may only be granted to citizens of the Philippines or to corporations or associations organised under Philippine laws, and they may only be granted by Congress.
In addition to the requirements mentioned above, according to the National Telecommunications Commission, a radio operator is also subject to file 15 other documents, including an Issuance of Renewal/Modification/Duplicate of Radio Stations in the Fixed and Land Mobile Public Radio Communication Network (CP) an On-line Importation Process (For Customer Premises equipment with WDN/RFID Module) thru the National Single Window (NSW) System.
As established in Article XII of the Philippine Constitution, franchises may only be granted to citizens of the Philippines or to corporations or associations organised under Philippine laws, and they may only be granted by Congress.
In addition to the requirements mentioned above, according to the National Telecommunications Commission, a radio operator is also subject to file 15 other documents, including an Issuance of Renewal/Modification/Duplicate of Radio Stations in the Fixed and Land Mobile Public Radio Communication Network (CP) an On-line Importation Process (For Customer Premises equipment with WDN/RFID Module) thru the National Single Window (NSW) System.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220217135442/https://boi.gov.ph/sdm_downloads/ra-7925-public-telecommunications-policy-act-of-the-philippines/
- https://web.archive.org/web/20230724030531/https://www.officialgazette.gov.ph/constitutions/1987-constitution/
- https://web.archive.org/web/20220316070444/https://ncr.ntc.gov.ph/?page_id=1614
- https://web.archive.org/web/20230930224452/https://policy.communitynetworks.group/country-profiles/philippines#operator_licensing
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PHILIPPINES
Since September 2021
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
DICT Circular No. 02 s 2021
DICT Circular No. 02 s 2021 provides for the licensing and regulation of satellite systems providers and operators (SSPOs) for internet services. Under Sections 7 and 8, SSPOs desiring to provide satellite services by directly engaging with ISPs, value-added service providers, enfranchised telecommunications entities or public telecommunications entities, and broadcast service providers (authorised entities) shall have an adequate digital presence in the Philippines, such as having a readily accessing website with sufficient content and information; have an adequate local presence by setting up a branch or representative office, having an institutional agent or official distributor, or a combination of such modes; have the capacity, coverage and satellite footprint in the Philippines for the purposes of providing adequate satellite services to covered areas; be accredited by the Department of Information and Communications Technology; and be a national of a country that does not prohibit Philippine satellites to operate within its territories and does not prohibit its citizens or subjects to access Philippine satellite systems.
Coverage Satellite systems providers and operators
PHILIPPINES
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
The Philippines has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
PHILIPPINES
Reported in 2017, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
The Philippines has a telecommunications regulatory authority, the National Telecommunications Commission (NTC). It is reported that the Commission’s decision-making processes are not fully independent of the government. While a degree of autonomy is exercised in certain decisions, independence is not consistently observed across all functions. The NTC operates as an attached agency of the Department of Information and Communications Technology (DICT), which forms part of the executive branch.
Coverage Telecommunications sector
PHILIPPINES
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Republic Act No. 8293, prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes
According to Section 33 of the Republic Act No. 8293, an applicant who is not a resident of the Philippines must appoint and maintain a resident agent or representative in the Philippines upon whom notice or process for judicial or administrative procedure relating to the application for patent or the patent may be served.
Coverage Horizontal
PHILIPPINES
Since May 2001, entry into force in August 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
The Philippines is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
PHILIPPINES
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Republic Act No. 8293, prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes
The Philippines has a clear regime of copyright exceptions that follows fair use, which enables the lawful use of copyrighted work by others without obtaining permission (Republic Act No. 8293). Sections 184-190 list the exceptions, which include the recitation or performance of a work once it has been lawfully made accessible to the public if done privately and free of charge or if made strictly for a charitable or religious institution or society; the making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries; the reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature; among others.
Coverage Horizontal
PHILIPPINES
Reported in 2022, last reported in 2026
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported online piracy and weak digital protection
It is reported that online piracy is high in the Philippines, with measures for digital protection remaining largely unaddressed.
Coverage Horizontal
PHILIPPINES
Since July 2002, entry into force in October 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The Philippines has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
PHILIPPINES
Since April 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
The Philippines is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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PHILIPPINES
Since February 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
The Implementing Rules and Regulations of the New Government Procurement Act (Republic Act No. 12009)
Section 52.4.1 of "The Implementing Rules and Regulations of the New Government Procurement Act" stipulates that the following entities are eligible to participate in the bidding process for the supply of goods: (a) duly licensed Filipino citizens or sole proprietorships; (b) partnerships duly constituted under Philippine law, of which at least 60% of the ownership interest is held by Filipino citizens; (c) corporations duly organised under Philippine law, with at least 60% of the outstanding capital stock owned by Filipino citizens; (d) cooperatives duly organised pursuant to Philippine law; and (e) joint ventures, defined as associations of two or more persons or entities undertaking joint and several liability for a specific contract, provided that Filipino ownership or interest therein is not less than 60%, such ownership being determined on the basis of the respective contributions of the joint venture partners as set out in their agreement, and further provided that each member’s primary business purpose is similar or related to the requirements of the project to be procured. Foreign bidders may likewise be deemed eligible, subject to the guidelines issued by the Government Procurement Policy Board, where participation is authorised under a treaty or international or executive agreement; where the foreign entity’s home jurisdiction affords reciprocal rights or privileges to Filipino individuals or entities; where the goods sought are unavailable from domestic suppliers; or where such participation is necessary to prevent circumstances that undermine competition or restrain trade.
Coverage Horizontal
