SC approves special rules for intellectual property cases

MANILA, Philippines—After two years, the Supreme Court en banc has finally approved the special guidelines governing intellectual property rights cases, paving the way for the faster resolution of such cases and increasing the country’s attractiveness as an investment destination.

The approval of the Rules of Procedure for Intellectual Property Rights Cases coincided with the celebration of Philippine Intellectual Property Rights Week.

Intellectual Property Office of the Philippines (IPOPHL) director general Ricardo Blancaflor said the approval of the special rules helped cement the country’s position as one of the prime movers of IPR protection in the region.

“This is a truly important victory in our campaign against counterfeiting and piracy. It reinforces the Philippines’ position at the forefront of the drive to intensify intellectual property rights protection and enforcement not only in Asia but in the world,” he said in a statement Tuesday.

Under the special rules, selected commercial courts in the National Capital Region—including those in Makati, Manila, Pasig, and Quezon City—are designated as Special IP Courts with national jurisdiction. They can issue search and seizure warrants that are enforceable nationwide.

Increasing the volume of IP cases filed in these courts should help develop judges’ expertise in IP cases, thus resulting in faster litigation.

Instead of going through all the motions and procedures associated with regular cases, the special rules eliminate certain aspects of the general rules of procedure that are irrelevant or inapplicable to IP cases.

Cases may be submitted for decision immediately after pre-trial, on the basis of position papers, after clarificatory hearing, or after trial. Also, all orders issued by the courts under the special rules will be final and executory.

The special rules also allow IP courts to immediately order the destruction of seized counterfeit goods upon motion and evidence presented. This will address IP owners’ concern regarding the cost of storing confiscated fake goods for the entire duration of the trial. Only representative samples of the seized goods, which will not require considerable storage space, will be kept.

The special rules will take effect 15 days after publication on October 24.