Vital IPR rules seen ready by end of August

The Intellectual Property Office of the Philippines (IPOPHL) expects by end of August the Supreme Court’s issuance of special rules that will facilitate the resolution of cases of intellectual property rights violations.

In an interview, IPOPHL director general Ricardo Blancaflor said that while the draft rules had been sitting with the high tribunal for more than a year now, he was confident that the final version of the rules would finally come out before September.

“I continue to be optimistic that we will have those rules ready at around the same time we’ll get a law that will give us enforcement powers,” Blancaflor said.

The Special Rules on IPR litigation, drafted and submitted to former Chief Justice Reynato Puno in late 2009, were supposed to be approved en banc before Puno’s retirement in May 2010.

Under the proposed special rules, selected commercial courts in the National Capital Region—including those in Makati, Manila, Quezon City, Pasig, and Mandaluyong—would be designated as Special IP Courts with national jurisdiction.

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

The proposed rules will 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.