What are the causes of counterfeiting and piracy in Philippines?
Easy availability and lack of administrative measures are the causes of counterfeiting and piracy in Philippines.
Which are the goods that most often face counterfeiting and piracy in Philippines?
The alleged counterfeited goods include apparel, accessories, cigarettes, hard drives, surgical masks, N95 respirators, and a bleach product.
Does Philippines have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Philippines for the enforcement of Intellectual Property Rights?
The Intellectual Property Code of the Philippines [Republic Act No. 8293], Bureau of Customs (BoC) Customs Administrative Order 6-200, -commerce Act (Republic Act 8792)
What are the different types of IPRs protected by IPR enforcement in Philippines?
What are the general IPR enforcement obligations in Philippines?
If a trademark application is pending or no application has yet been filed, the cause of action is unfair competition. Therefore, registration is needed.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Yes
Which of the following IPR enforcement channels is/are available in Philippines?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Philippines?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Philippines than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Philippines?
The first instance civil trials normally take 02 to 03 years, but are usually followed by appeals, which drag the case much longer.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Philippines? If yes, then kindly give 2-3 points?
Yes, civil litigation in Philippines is very time-consuming.
Is criminal prosecution available in Philippines for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Philippines corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Philippine National Police (“PNP”) or the National Bureau of Investigation (“NBI”)
B) Imprisonment Term - 02 to 05 years
C) Monetary Fine - 50,000 to 200,000 pesos
Are there any other criminal remedies available in Philippines than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Philippines? If yes, then kindly give 2-3 points?
Criminal prosecution in Philippines is long-stretched and not time-effective.
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Although ADR techniques are available in the Philippines, they are not commonly resorted to. For administrative proceedings, mediation is mandatory in the BLA (Bureau of Legal Affairs) and ODG (Office of the Director General) levels. Court-annexed mediation and judicial dispute resolutions are also available for judicial proceedings.
Are border control measures (customs) available in Philippines for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Philippines?
Seizure, detention, and destruction of goods are the remedies available under border control measures (customs) in Philippines.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Philippines?
An administrative proceeding is generally cheaper and faster than a civil or criminal proceeding.
Are there any risks involved in the enforcement of IPRs in Philippines? If yes, then kindly give 2-3 points.
Judicial proceedings elevated all the way to the Supreme Court usually take 10–15 years to complete, while administrative proceedings usually take 05 years to obtain a decision from the IPOPHL ODG. Therefore, court proceeding could be a long tying affair. Another practical problem is the limited number of commercial courts available to hear search warrant applications. While the current crop of special commercial court judges are highly knowledgeable in IP cases, the sheer number of search warrant applications make scheduling search warrant application hearings on the part of law enforcement difficult.
