The special rules on intellectual property litigation, otherwise known as the ‘Rules of Procedure in Intellectual Property Rights Cases’, took effect on November 9, 2011, 15 days after publication in two national newspapers.
With these special rules in place, the adjudication process for IP rights cases, in both civil and criminal procedures, has been streamlined.
“A period not exceeding 30 days will be allotted to the plaintiff and a similar period to the defendant as prescribed in the pre-trial order.”
In civil procedures, the rules apply to all civil actions for violations of IP rights provided for in the Republic Act 8293 or the IP Code, as amended, including civil actions for patent infringement, utility model and industrial design infringement, trademark infringement, unfair competition, actions concerning trademark licence contracts, actions concerning imported merchandise or goods bearing infringing marks and trade names, actions for cancellation of the registration of a collective mark, false designations of origin, false description or representation, breach of contract, civil actions for infringement of copyright, and infringement of moral rights, performers’ rights, producers’ rights, broadcasting rights, and other violations of IP rights as may be defined by law.
Among the salient features of these rules on civil procedure are: