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Enforcement of IPRs in Philippines

Philippines

Enforcement of IPRs
Easy availability and lack of administrative measures are the causes of counterfeiting and piracy in Philippines.
The alleged counterfeited goods include apparel, accessories, cigarettes, hard drives, surgical masks, N95 respirators, and a bleach product.
Yes
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)
If a trademark application is pending or no application has yet been filed, the cause of action is unfair competition. Therefore, registration is needed.
Yes
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
The first instance civil trials normally take 02 to 03 years, but are usually followed by appeals, which drag the case much longer.
Yes, civil litigation in Philippines is very time-consuming.
Yes
Yes
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
No
Criminal prosecution in Philippines is long-stretched and not time-effective.
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.
Yes
Yes
Seizure, detention, and destruction of goods are the remedies available under border control measures (customs) in Philippines.
The applicant must bear the costs of customs intervention during enforcement.
An administrative proceeding is generally cheaper and faster than a civil or criminal proceeding.
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.