Authors: Danielle Francesca T.C. San Pedro, Kyle Gino M. Salazar, Frances Louise M. Ronquillo
On 25 February 2026, the Intellectual Property Office of the Philippines (โIPOPHLโ) issued IPOPHL Memorandum Circular (โMCโ) No. 2026-007 entitled โRevised Rules and Regulations on Copyright Registration and Copyright Related Servicesโ, otherwise known as the โCopyright Services Rulesโ (โ2026 Rulesโ).
The 2026 Rules introduced procedural streamlining, expanded recognition of emerging technologies, and enhanced mechanisms for the commercial use of copyright in the Philippines.
Artificial Intelligence
The 2026 Rules do not directly address the use of artificial intelligence (โAIโ) in the creation of literary and artistic works subject to copyright protection, but they introduce provisions that more clearly delineate between what is registrable for copyright protection and what is not.
The 2026 Rules expand the definition of an โauthorโ to โthe natural person who has created the work or any portion thereofโ,[1] and introduce the concepts of โAuthorship Claimโ[2], and โAuthorship Disclaimerโ.[3] In practice, these translate to the requirement for an applicant to disclose the specific parts of the work which they claim authorship or disclaim authorship of in the mandatory Copyright Registry Enrollment Form (โBCRR Form 2025-1โ).[4]
Notably, BCRR Form 2025-1 also requires applicants for copyright registration to disclose whether generative AI was used in making the work, and if so, to indicate the AI program used and to describe the extent of AI use.
Related to this, the 2026 Rules have expanded the grounds for refusal of copyright registration to include works that lack human authorship, and works which are not original or are copied from another authorโs work,[5] both of which may serve as grounds to deny copyright registration for AI-generated works or parts thereof. Neither the 2026 Rules nor the Intellectual Property Code define or provide guidelines to determine what constitutes โhuman authorshipโ sufficient to acquire copyright registration. Nonetheless, the 2026 Rules offer a more concrete recognition of AI-use in creative content generation while maintaining the primacy of human authorship for copyright protection under current laws.
Altogether, the requirement of specific authorship claims and disclaimers, and the mandatory disclosure of the use and extent of use of AI in the creation of the work, creates a framework wherein AI-assisted works are not per se wholly unprotected and unregistrable, but are divided into parts that are produced through sufficient human authorship, and therefore copyrightable, and those that are not.
Electronic Filing and Processing of Applications
The 2026 Rules require all applications to be filed online through IPOPHLโs designated system[6], along with electronic copies of the work.[7] Submission of the physical originals or copies of the work is no longer necessary.[8] Once the submitted work is found to be registrable, an electronic Certificate of Copyright Registration shall be issued.
Registrability Report and Appeals
The 2026 Rules introduce a notable procedural change in the registration process by introducing a first-level Registrability Report issued by a copyright registration specialist, which may be elevated to the BCRR Director for review within ten (10) days from receipt, without government fees.[9] Only if the Registrability Report is affirmed will an appeal to the IPOPHL Director General under the Uniform Rules on Appeal become necessary.[10]
Corrections in the Copyright Certificate of Registration
The 2026 Rules allow minor amendments to the Copyright Certificate of Registration such as typographical errors or other minor errors without the need for approval of the Bureau of Copyright and Other Related Rights (โBCRRโ) Director.[11] Substantive amendments, such as changes in the authorโs or copyright claimantโs name or contact information, will still require the approval of the BCRR Director[12], similar to the 2020 Rules.[13]
Cancellation of the Copyright Certificate of Registration
The authority of the Bureau Director to cancel a Certificate of Registration is expanded under the 2026 Rules. The 2020 Rules effectively required a final court decision, or a final order by the Bureau of Legal Affairs (โBLAโ) Director in a copyright infringement case, before the BCRR Director may cancel a Certificate of Copyright Registration.[14] The 2026 Rules now allow for the motu proprio cancellation of a Certificate of Registration on grounds such as fraud or material and malicious misrepresentation.[15]
Recordation of Copyright Mortgages
The 2026 Rules now include copyright mortgages in the list of transactions registrable with the BCRR, together with copyright transfers, assignments, and licenses.[16] Applications for recordation shall be submitted electronically[17] and once recordation is approved, an electronic copy of the Certificate of Copyright Registration or Transfer Certificate of Copyright Registration will be sent to the applicant with a notation of the fact of recordation.[18]
Resale Enrollment
The 2026 Rules formalize the enrollment process of qualified works into the Registry for purposes of managing resale rights, in line with IPOPHL Memorandum Circular No. 2020-023 entitled โImplementing Rules and Regulations on Resale Rightsโ. Through an application filed with the BCRR, a qualified work such as a painting, sculpture, or manuscript, may be enrolled in the Registry of Qualified Works and granted an electronic Certificate to the same effect.[19]
Overall, the 2026 Rules streamline procedures and Philippine copyright practice with technological developments and global trends while preserving the fundamental requirement of human creativity.
Villaraza and Angangco handles a wide range of intellectual property matters, including copyright concerns. For any questions or request for information, you may send an email to the Firmโs Intellectual Property Department at ip.department@thefirmva.com.
[1] IPOPHL MC No. 2026-007, Rule I, ยง3.2.
[2] Rule I, ยง3.3.
[3] Rule I, ยง3.4.
[4] See this link - Click here
[5] IPOPHL MC No. 2026-007, Rule IV, ยงยง1.1-1.9.
[6] IPOPHL MC No. 2026-007, Rule II, ยง3.
[7] Rule II, ยง6.
[8] IPOPHL MC No. 2020-025, Rule II, ยง5.
[9] IPOPHL MC No. 2026-007, Rule IV, ยงยง2-3.
[10] IPOPHL MC No. 2026-007, Rule IV, ยง4.
[11] Rule V, ยง2.2.
[12] Rule V, ยง2.1.
[13] IPOPHL MC No. 2020-025, Rule III, ยง5.
[14] Rule V, ยงยง2.1-2.2.
[15] IPOPHL MC No. 2026-007, Rule V, ยง3.1.
[16] Rule VI, ยง1.
[17] Rule VI, ยงยง2-3.
[18] Rule VI, ยง4.
[19] Rule VII, ยงยง1-5.