IPOPHL’s Draft Guidelines Put Human Creativity at the Centre of Copyright Registration for AI-related Works
On 17 September 2026, the Intellectual Property Office of the Philippines (“IPOPHL“) released a statement on the proposed Guidelines on the Registrability of AI Systems and AI-Related Works (“Guidelines”). Prior to the release of the statement, an initial public consultation was conducted by the Bureau of Copyright and Related Rights with creators, technology developers, legal practitioners, and other stakeholders laying down IPOPHL’s proposals in the treatment of artificial intelligence (“AI“)-related works.
The proposed Guidelines navigate how works created with the use of AI may qualify for copyright registration, with human creative contribution at the centre of the assessment. Human creative contribution is defined as an original expressive contribution by a natural person that meets the minimum degree of creativity required for copyright protection.
Under the proposed Guidelines, there are four types of AI-related works: (i) AI-Assisted Work; (ii) AI-Enhanced Work; (iii) Hybrid Work; and (iv) AI-Generated Output. The four types of AI-related works are treated differently for purposes of copyright registration. Further, outputs without sufficient human creative contribution are disqualified for copyright registration.
In the process of the evaluation of applications, IPOPHL may take into consideration (i) the nature and extent of the human creative contribution, (ii) the role played by the AI system, (iii) how AI-generated elements were selected, modified, arranged or incorporated, and (iv) the information submitted by the applicant. The mentioned factors alongside the circumstances of each application will also be considered to evaluate the registrability of AI-related works.
The proposed Guidelines are still in the process of refinement through consultations with various stakeholders to ensure a clear, practical and responsive framework on the registrability of AI Systems and AI-Related Works.
DOE and PNOC Sign MOA to Facilitate Securing and Administering Tenurial Instruments for OSW Projects
On 27 August 2026, the Department of Energy (“DOE”) and the Philippine National Oil Company (“PNOC”) signed a Memorandum of Agreement (“MOA”) on the processes for securing and administering tenurial instruments over auxiliary areas and interconnection facility areas for offshore wind (“OSW”) projects.
Under the MOA, OSW developers will submit the necessary technical, legal, environmental, mapping, and project documentation to DOE. Upon assessment of the submissions, if DOE finds that the proposed areas are necessary for the project, it shall formally endorse the validated application areas and application package to PNOC.
PNOC will review the formal and substantive sufficiency of the application based on the requirements set by the Departments of Environment and Natural Resources (“DENR”). If PNOC find the requirements sufficient, it will file the application with DENR for the appropriate tenurial instrument. Upon issuance of the appropriate tenurial instrument by the DENR, PNOC will notify the developer and work toward concluding a Project-Specific Use Agreement that shall govern the lawful access and use of the covered area.
The DOE-PNOC partnership aims to streamline the acquisition of the appropriate tenurial instrument that facilitates access to the areas necessary to connect offshore generation facilities to the grid.
This initiative builds on the DOE-DENR MOA dated 10 October 2024, which established a framework for the use of offshore and auxiliary areas for OSW projects. The initiative also operationalises DENR’s clarification dated 13 April 2026 concerning the appropriate proof of authority required for auxiliary and other onshore components of OSW projects. The partnership supports the national goal of increasing the share of renewable energy in the power generation mix to 35 percent by 2030 and 50 percent by 2040.
Executive Order Establishes National Policy Framework for Developing the Philippines' Critical Minerals Industry
On 18 August 2026, President Ferdinand “Bongbong” Marcos Jr. signed Executive Order 122 (“EO 122”) which establishes the Philippine’s national policy framework for developing the country’s critical minerals industry.
The Philippines has identified at least nine million hectares of prospective areas which hold critical mineral resources. Critical minerals are defined as minerals that are essential inputs for clean energy transition technologies, advanced manufacturing, digital infrastructure, national defense, and other strategic industries necessary to promote industrialisation, energy security, economic resilience, and sustainable development.
The national exploration and mineral reservation program shall be implemented by the Department of Environment and Natural Resources through its Mines and Geosciences Bureau. The Department of Trade and Industry, through the Board of Investments, shall formulate and implement a comprehensive development strategy which includes promoting the establishment of downstream industries, support the development of side-stream industries, and develop incentives that support growth.
EO 122 recognises the importance of private sector participation and aims to maintain a stable, predictable, transparent and internationally competitive investment environment. To this end, the Government shall (i) honour validly executed agreements, (ii) cancel existing mining tenements non-compliant with the approved project timelines, (iii) accelerate the privatisation of government-owned critical mining assets, (iv) streamline and digitise the mining permitting processes, and (v) promote investments for value-added mineral processing covering the entire mineral value chain.
Philippines Adopts EVIS Program to Support the Manufacture of Hybrid and Battery EVs
On 29 July 2026, the Office of the President of the Philippines issued Executive Order No. 121 (“Executive Order”) adopting the Electric Vehicle Incentive Strategy Program (“EVIS Program”) on fiscal support for the manufacture of hybrid and battery electric vehicles (“EVs”), including their parts and components.
The EVIS Program grants two types of fiscal support, namely: (i) the Fixed Investment Support (“FIS”), and (ii) the Production Volume Incentive (“PVI”). To qualify for the support, interested applicants must undertake new investments, commit at least PhP5 billion in capital, meet production targets, and introduce their locally manufactured EV models within three years from registration. They may only apply for the fiscal support of up to two EV models, which models are evaluated based on reasonable criteria set forth in the Executive Order. Once qualified, BOI will issue a Certificate of Registration for each EV model, and the qualified applicant shall post a performance bond.
Once qualified and registered under the EVIS program, the applicant-participant (“Participant”) will be given a non-transferable Tax Payment Certificate (“TPC”), which may be used to defray the Participant’s tax and duty obligations to the National Government (but limited only to income tax, excise tax, value-added tax, and import duties). There is a ceiling of PhP60 billion, with up to PhP15 billion available for each enrolled EV model, subject to the annual budget process. Further, the fiscal support may be granted for a maximum of ten years (i) from the date of registration of the enrolled EV models or their parts and components for FIS, and (ii) from the start of production of the enrolled EV models for PVI.
The Board of Investments is the lead implementing and coordinating agency of the EVIS Program. A new committee, named the “Inter-Agency Committee on Electric Vehicle Industry Development”, is created in order to provide assistance to BOI.
PCC Reinstates 30-day Notification Period for Mergers and Acquisitions
On 28 May 2026, the Philippine Competition Commission (“PCC”) issued Memorandum Circular No. 26-004 (“Circular”),titled “Resumption of the 30-Day Notification Period for Mergers and Acquisitions”. It took effect on 3 October 2026. The Circular prescribes the applicable notification periods for mergers and acquisitions under the PCC Rules on Merger Procedure (“Merger Rules”).
For Definitive Agreements signed on or after the Circular’s effectivity, entities are required to file their Notification Forms with the PCC within 30 calendar days from the signing of the Definitive Agreements, pursuant to the notification period prescribed under the Merger Rules.
For Definitive Agreements signed before the Circular’s effectivity, entities are granted 90 calendar days from the Circular’s effectivity or until 1 January 2027 to notify the PCC of their proposed mergers or acquisitions, provided that no acts of consummation have occurred before such effectivity.
Definitive agreements set out the complete and final terms and conditions of a merger or acquisition, including the rights and obligations between or among the transaction parties.
The Circular further clarifies that the applicable Size of Party and Size of Transaction thresholds shall be those in effect at the time the Definitive Agreements were executed. The PCC also expressly maintains the suspension of its Rules on Expedited Merger Review.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice
