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Rule 1 SEC. 6. Duty of the clerk of court. It shall be the duty of 9.

False Designations of Origin; False Description or


GENERAL PROVISIONS the branch clerk of court to notify Representation (Section 169 in relation to Section
in writing 163),
SECTION 1. Title. These Rules shall be known and cited as the Director-General of the Intellectual Property 10. Breach of Contract (Section 194),
the Rules of Procedure for Intellectual Property Rights Office (IPO)
Cases. of any action, suit or proceeding involving a civil actions for infringement of
copyright, trademark, service mark, patent, 11. copyright, moral rights, performers rights,
SEC. 2. In what courts applicable. These Rules shall be industrial design, utility model, undisclosed producers rights, and broadcasting rights
observed by the Regional Trial Courts designated by the information and technology transfer agreement. (Sections 177, 193, 203, 208, 211, and 216), and
Supreme Court as Special Commercial Courts. 12. other violations of intellectual property rights as
Such notice shall set forth: may be defined by law.
SEC. 3. Applicability of the regular rules. When the court 1. the names and addresses of the litigants and
determines that the civil or criminal action involves complex 2. the copyright, trademark, service mark, patent or SEC. 2. Special Commercial Courts in the National Capital
issues, it shall issue a special order that the regular design registrations involved and, Judicial Region with authority to issue writs of search and
procedure prescribed in the Rules of Court shall apply, 3. where applicable, the numbers of their certificates seizure enforceable nationwide. Special Commercial Courts
stating the reason therefor. of registration. in
Quezon City,
Where applicable, the Rules of Court shall apply suppletorily The notice shall be submitted within one (1) month after the Manila,
to proceedings under these Rules. filing thereof. Makati, and
Pasig
SEC. 4. Executory nature of orders. Any order issued by CIVIL PROCEDURE
the court under these Rules is immediately executory unless shall have authority
restrained by a superior court. Rule 2 to act on applications for the issuance of writs of
NATURE OF PROCEEDINGS search and seizure
SEC. 5. Verification and supporting documents. Any: in civil actions for violations of the Intellectual
pleading, SECTION 1. Scope. Rules 2 to 9 shall apply to all civil Property Code,
motion, actions for violations of intellectual property rights provided which writs shall be enforceable nationwide.
opposition, for in Republic Act 8293 or the Intellectual Property Code,
defense or as amended, including The issuance of these writs shall be governed by the rules
claim prescribed in Re: Proposed Rule on Search and Seizure in
civil actions for Civil Actions for Infringement of Intellectual Property Rights
filed by any interested party shall 1. Infringement of Patent (Section 76), (A.M. No. 02-1-06-SC, which took effect on February 15,
be supported by verified statements that 2. Utility Model (Section 108) and 2002).
o the affiant has read the same and 3. Industrial Design (Section 119),
o the factual allegations therein are 4. Trademark Infringement (Section 155 in relation to Within their respective territorial jurisdictions, the Special
true and correct Section 163), Commercial Courts in the judicial regions where the violation
of his personal knowledge or 5. Unfair Competition (Section 168 in relation to of intellectual property rights occurred shall have
based on authentic records, Section 163), concurrent jurisdiction to issue writs of search and
and seizure.
contain as annexes such documents as may be Actions concerning
deemed by the party submitting the same as 6. trademark license contracts (Section 150 in Rule 3
supportive of the allegations in the affidavits. relation to Section 163), COMMENCEMENT OF ACTION
7. imported merchandise or goods bearing infringing
marks or trade names (Section 166 in relation to SECTION 1. Pleadings. The only pleadings allowed to be
Section 163), filed are the
1. complaints,
actions for 2. compulsory counterclaims and
8. cancellation of the registration of a collective mark 3. cross-claims pleaded in the answer, and
(Section 167 in relation to Section 163), 4. the answers thereto.

All pleadings shall be verified.


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The complaint shall
SEC. 2. Who may file an action under these Rules. contain a concise statement of the ultimate facts If the acts of a party or his counsel clearly constitute willful
Any intellectual property right owner, or constituting the complainants cause or causes of and deliberate forum shopping, the same shall
anyone possessing any right, title or interest under action. be a ground for summary dismissal with prejudice
claim of ownership in any intellectual property specify the relief(s) sought, but it may add a and
right, whose right may have been violated, general prayer for such further or other relief(s) as constitute direct contempt.
may be deemed just or equitable.
may file an action under these Rules. SEC. 4. Prohibited pleadings. The following pleadings are
The affidavits in question-and-answer format referred to in prohibited:
Any person who is Sec. 5 hereof and the relevant evidence shall be made part a) Motion to dismiss;
a national or of the complaint. b) Motion for a bill of particulars;
domiciled or c) Motion for reconsideration of a final order or
has a real and effective industrial establishment in The complaint shall include judgment
a country 1. a certification that except with regard to an order of
o which is a party to any convention, treaty a. the party commencing the action has not destruction issued under Rule 20 hereof;
or agreement relating to intellectual filed any other action or proceeding d) Reply;
property rights or the repression of involving the same issue or issues before e) Petition for relief from judgment;
unfair competition, to which the any tribunal or agency f) Motion for extension of time to file pleadings
Philippines is also a party, or b. nor is such action or proceeding pending or other written submissions
o extends reciprocal rights to nationals of in other quasi-judicial bodies; except for the answer for meritorious
the Philippines by law reasons;
Provided, however, that if any such action is pending g) Motion for postponement intended for delay;
shall be entitled to file an action under these Rules. 2. the status of the same must be stated, and h) Third-party complaint;
i) Intervention;
Any Should knowledge thereof be acquired after the filing of the j) Motion to hear affirmative defenses; and
foreign national or complaint, k) Any pleading or motion which is similar to or
juridical person 3. the party concerned shall undertake to notify the of like effect as any of the foregoing.
who court within five (5) days from such knowledge.
meets the requirements of the immediately SEC. 5. Affidavits. The affidavits
preceding paragraph, and When the party-litigant is a corporation, the required to be submitted with the complaint
does not engage in business in the Philippines, verification/certification of non-forum shopping required shall be in question-and-answer format numbered
should be executed by a natural person consecutively, and
may also file an action under these Rules. duly authorized by the corporation, shall state only facts of direct personal knowledge
through a special power of attorney or a board of the affiants which are admissible in evidence.
SEC. 3. Form and contents of the complaint. The resolution for the purpose, shall also show the competence of the affiants to
complaint shall attached to the complaint. testify to the matters stated therein.
be verified and
state the full names of the parties to the case. The complaint shall further be accompanied by proof of A violation of this requirement
payment of docket and other lawful fees. may subject the party or the counsel who submits
The ff. must be averred: the same to disciplinary action, and
1. Facts showing the capacity of a party to sue or be Failure to comply with the foregoing requirements shall be a ground for the court to order that the
sued, or shall not be remedied by mere amendment of the inadmissible affidavit or portion thereof be
2. the authority of a party to sue or be sued in a complaint. expunged from the records.
representative capacity, or The court, motu proprio, shall dismiss the case
3. the legal existence of an organized association of without prejudice. SEC. 6. Failure to file complaint where a writ of search and
persons that is made a party seizure is issued. Situation:
4. In case of juridical persons, proof of capacity to The submission of a false certification or non-compliance Upon motion of the party whose goods have been
sue must be attached to the complaint. with any of the undertakings therein shall seized,
constitute indirect contempt, with notice to the applicant
without prejudice to the corresponding
administrative, civil and criminal liabilities.

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The issuing court may When the defendant is a foreign private juridical entity, GR: Affirmative and negative defenses not pleaded in the
lift its writ [of search and seizure] and service may be made answer shall be deemed waived
order the return of the seized goods on its resident agent designated in accordance
if no case is filed with the appropriate court and/or with law for that purpose, or, Except
appropriate quasi-judicial agency, including the if there be no such agent, on the government 1. when the court has no jurisdiction over the subject
Intellectual Property Office of the Philippines, official designated by law to that effect, or matter,
within thirty-one (31) calendar days from the date on any of its officers or agents within the 2. when there is another action pending between the
of issuance of the writ. Philippines. same parties for the same cause, or
3. when the action is barred by
If If the foreign private juridical entity a. a prior judgment or
no motion for the return of the seized goods is is not registered in the Philippines or b. the statute of limitations.
filed has no resident agent
within sixty (60) days from the issuance of the writ Cross-claims and compulsory counterclaims not asserted in
under the preceding paragraph Service may be effected the answer shall be considered barred.
with leave of court
The court shall order the disposal of the goods, as may be out of the Philippines through any of the following The answer to counterclaims or cross-claims shall be filed
warranted, after hearing with notice to the parties. means: and served within ten (10) days from service of the answer
in which they are pleaded.
Rule 4 a) By personal service coursed through the
ANSWER appropriate court in the foreign country with SEC. 4. Effect of failure to answer. Should the defendant
the assistance of the Department of Foreign fail to answer the complaint within the period stated above,
SECTION 1. Summons. The summons and the complaint, Affairs; the court motu proprio or on motion of the plaintiff
including its attachments, shall be shall render judgment as may be warranted by the
served not later than five (5) days from receipt of b) By publication once in a newspaper of general o allegations of the complaint, as well as
the complaint by the court to which it is assigned circulation in the country where the defendant o the affidavits and other evidence on
or raffled. may be found and by serving a copy of the record,
summons and the court order by registered
SEC. 2. Service of summons, orders and other court mail at the last known address of the unless
processes. defendant; the court in its discretion requires the plaintiff to
submit additional evidence.
Summons, orders and other court processes may be served c) By facsimile or any recognized electronic Such reception of additional evidence may be
by means that could generate proof of service; delegated to the clerk of court.
1. the sheriff, or
2. his deputy or In no case shall the court award a relief beyond or different
3. other proper court officer or for justifiable reasons, d) By such other means as the court may, in its from that prayed for;
4. the counsel or representative of the plaintiff or discretion, direct. Provided, that the court may, in its discretion,
5. any suitable person authorized by the court issuing reduce the amount of damages and attorneys fees
the summons. Should either personal or substituted service fail, summons claimed for being excessive or otherwise
o Any private person who is authorized by by publication shall be allowed. unconscionable.
the court to serve summons, orders and
other court processes shall, for that In the case of juridical entities, summons by publication SEC. 5. Affidavits. The affidavits
purpose, be considered an officer of the shall be done by indicating the names of the officers or their required to be submitted with the answer
court. duly authorized representative. shall be in question-and-answer format numbered
consecutively, and
SEC. 3. Answer. Within fifteen (15) days from service of shall state only facts of direct personal knowledge
summons, the defendant shall of the affiants which are admissible in evidence.
file his answer to the complaint and shall also show the competence of the affiants to
serve a copy thereof on the plaintiff. testify to the matters stated therein.

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SECTION 1. Pre-trial; mandatory nature. Within five (5) SEC. 2. Nature and purpose of pre-trial. Upon appearance
A violation of this requirement days after the period for availing of, or compliance with, any of the parties during the pre-trial, the court shall
may subject the party or the counsel who submits of the modes of discovery prescribed in Rule 5 hereof, order the parties to appear before the Philippine
the same to disciplinary action, and whichever comes later, the handling court shall Mediation Center in accordance with mediation
shall be ground for the court to order that the immediately set the case for pre-trial and rules of the Supreme Court.
inadmissible affidavit or portion thereof be direct the parties to submit their respective pre-
expunged from the records. trial briefs. Should the parties fail to settle the case after mediation,
the pairing court shall conduct judicial dispute
Rule 5 The parties shall resolution (JDR) conferences
MODES OF DISCOVERY file with the court and upon request of the court handling the case in
furnish each other accordance with the guidelines of the Supreme
SECTION 1. In general. A party can avail of any of the copies of their respective pre-trial briefs Court.
modes of discovery not later than thirty (30) days from the in such manner as to ensure receipt by the court
joinder of issues. and the other party at least five (5) days before Pending mediation before the Philippine Mediation Center
the date set for the pre-trial. and JDR with the pairing court,
SEC. 2. Objections. Any mode of discovery, such as the court handling the case shall suspend the
1. interrogatories, The parties shall set forth in their pre-trial briefs, among proceedings.
2. request for admission, production or inspection of other matters, the following:
documents or things a) Brief statement of the nature of the case, which If either mediation or JDR fails,
shall summarize the theory or theories of the the case shall be returned to the court with
may be objected to party in clear and concise language; dispatch for the pre-trial.
within ten (10) days from receipt of the request b) Allegations expressly admitted by either or both
for discovery and parties; Before the pre-trial, the court may require the marking of
only on the ground that the matter requested is c) Allegations deemed admitted by either or both documentary or object evidence by
o manifestly incompetent, parties; the branch clerk of court or
o immaterial, or d) Documents not specifically denied under oath by any authorized court personnel.
o irrelevant or either or both parties;
o is undisclosed information or privileged in e) Amendments to the pleadings; During the pre-trial, the court shall, with its active
nature, or f) Statement of the issues, which shall separately participation, ensure that the parties consider in detail all
o the request is for harassment. summarize the factual and legal issues involved of the following:
in the case; a) The possibility of an amicable settlement;
The requesting party may comment in writing within three g) Names, addresses and contact numbers of b) Facts that need not be proven, either because
(3) days from receipt of the objection. affiants and their judicial affidavits supporting they are matters of judicial notice, or expressly or
the parties respective positions on each of the deemed admitted;
Thereafter, the court shall rule on the objection not later issues; c) Permissible amendments to the pleadings;
than ten (10) days from receipt of the comment or the h) All other pieces of evidence, whether d) The possibility of obtaining stipulations and
expiration of the three-day period. documentary or otherwise, and their respective admissions of facts and documents;
purposes; e) Objections to the admissibility of testimonial,
SEC. 3. Compliance. Compliance with any mode of i) Specific proposals for an amicable settlement; documentary and other evidence;
discovery shall be made within ten (10) days j) Possibility of referral to mediation or other f) Submission of judicial affidavits of witnesses and
from receipt of the request for discovery, or alternative modes of dispute resolution; objections to the form or substance of any
if there are objections, from notice of the ruling of k) Requests for closed door hearings in cases affidavit, or part thereof;
the court. involving trade secrets, undisclosed information g) Simplification of the issues; and
and patents; and h) Such other matters as may aid in the speedy and
SEC. 4. Sanctions. The sanctions prescribed by the Rules l) Such other matters as may aid in the just and summary disposition of the case.
of Court in relation to the modes of discovery shall apply. speedy disposition of the case.

Rule 6
PRE-TRIAL

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SEC. 3. Effect of failure to appear. The failure of the Within ten (10) days AFTER THE TERMINATION OF THE At least three (3) days before the scheduled clarificatory
plaintiff PRE-TRIAL, the court shall issue an order which shall recite hearing
to submit a pre-trial brief within the specified in detail the parties may submit clarificatory questions
period or 1. the matters taken up in the pre-trial, which the court, in its discretion, may propound.
to appear in the pre-trial 2. the actions taken on such matters,
3. the amendments allowed in the pleadings, and SEC. 8. Schedule of trial. If the court deems it necessary
shall be a cause for the dismissal of the complaint with 4. the agreements or admissions made by the parties to hold trial, the court shall
prejudice, as to any of the matters considered. include in the Pre-Trial Order
unless otherwise ordered by the court. the schedule of hearings to be conducted
The court shall rule on all expeditiously and
The defendant 1. objections to or completed not later than sixty (60) days from the
who submits a pre-trial brief and 2. comments on the admissibility of any documentary date of the initial trial
who appears during the pre-trial or other evidence, [initial trial] must commence within thirty (30)
3. including any affidavit or any part thereof. days from the termination of the pre-trial.
shall be entitled to a judgment on the counterclaim
unless the court requires evidence ex parte for a The court shall indicate whether the case shall be submitted Rule 7
judgment. for decision CLARIFICATORY HEARING AND TRIAL
Any cross-claim shall be dismissed. immediately after pre-trial, or
on the basis of position papers, or SECTION. 1. Clarificatory hearings. During clarificatory
The failure of the defendant after clarificatory hearing, or hearing or hearings,
to submit a pre-trial brief within the specified after trial. the parties must have representatives and their
period or counsels ready for questioning by the court.
to appear in the pre-trial SEC. 6. Submission of position papers. If the case is to be
submitted for decision on the basis of position papers, the Immediately after termination of such clarificatory hearing
shall be a cause for the dismissal of the counterclaim. court or hearings, THE COURT SHALL
in the Pre-Trial Order order the parties to simultaneously file their
The plaintiff who shall direct the parties to file simultaneously their respective position papers as required under
submits a pre-trial brief and respective position papers, Section 6, Rule 6, above
appears during the pre-trial setting forth the law and the facts relied upon by within ten (10) days from such date [after
them and termination of such clarificatory hearing or
shall be entitled to a judgment on the complaint attaching thereto affidavits of their witnesses in hearings]
unless the court requires evidence ex parte for a question-and-answer format numbered
judgment. consecutively, and other evidence on the factual SEC. 2. Clarificatory hearing or hearings following
issues defined in the order, together with their submission of position papers. Upon
SEC. 4. Termination. The pre-trial shall be terminated respective draft decisions, if so desired, within a submission of the parties position papers
not later than thirty (30) working days after its non-extendible period of thirty (30) days from immediately after the pre-trial as required under
commencement, receipt of the order. Sec. 6 of the preceding Rule, and
excluding the period for mediation and judicial the court deems it necessary to hold clarificatory
dispute resolution (JDR). No reply or rejoinder shall be allowed. hearing or hearings on any matter before
rendering judgment,
SEC. 5. Record of pre-trial. The proceedings in the pre SEC. 7. Clarificatory hearing or hearings following pre-trial.
trial If there are matters to be clarified, the court shall it shall set the case for such purpose.
shall be recorded, include in the Pre-Trial Order
excluding mediation and JDR. the schedule of clarificatory hearing or hearings, The order setting the case for clarificatory hearing must be
which must commence within thirty (30) days from issued not later than fifteen (15) days after
the termination of the pre-trial, and o receipt of the last position papers or
be completed not later than fifteen (15) days o the expiration of the period for filing the
thereafter. same and
[clarificatory hearing must be] scheduled within
fifteen (15) days from the issuance of such order
and completed not later than fifteen (15) days.
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In case the court requires the submission of written formal 1 of Rule 7
During said clarificatory hearing or hearings, offer of exhibits, SEC. 3. Within forty-five (45) days the court shall
the parties must have representatives and their the same shall be submitted to the court within Judgment after termination of render
counsels ready for questioning by the court. five (5) days from completion of the presentation after clarificatory hearing or judgment
of the evidence of the party, clarificatory hearings under Sec. 7 of
SEC. 3. Judicial affidavits. The judicial affidavits shall serve furnishing copies thereof on the other party, hearing Rule 6 and Sec. 2 of Rule
as the direct testimonies of the witnesses during trial, o who may submit comments or objections 7
subject to cross-examination by the adverse party. to the formal offer within five (5) days SEC. 4. Within sixty (60) days the court shall
from receipt. Judgment after receipt of the draft render
SEC. 4. Period of trial. A period not exceeding thirty (30) o The court shall make its ruling on the after trial. decision of the parties judgment
days offer within five (5) days from the under Sec. 6 of Rule 7
shall be allotted to the plaintiff and expiration of the period to file comments
a similar period to the defendant or objections. SEC. 5. Judgments executory pending appeal. Unless
in the manner prescribed in the Pre-Trial Order. restrained by a higher court, the judgment of the court shall
SEC. 6. Mandatory submission of draft decisions. - be executory even pending appeal under such terms and
The failure of a party to present a witness on a scheduled Immediately after an oral ruling on the last offer of conditions as the court may prescribe.
trial date evidence, the court shall
shall be deemed a waiver of such trial date. order the parties to simultaneously submit their Rule 9
However, a party may present such witness or respective draft decisions, APPEAL
witnesses within the partys remaining allotted trial within a non-extendible period of thirty (30) days.
dates. SECTION 1. Who may appeal. Any party may appeal from
In case the ruling is in writing, the court shall a judgment or final order.
No extension shall be allowed by the judge except for order the parties to simultaneously submit their
justifiable reasons. respective draft decisions SEC. 2. How appeal taken. All decisions and final orders
within a non-extendible period of thirty (30) days shall be appealable
SEC. 5. Offer of and ruling on exhibits. Evidence from receipt of the order. to the Court of Appeals
presented during the trial and through a petition for review under Rule 43 of the
not otherwise admitted by the parties or ruled Rule 8 Rules of Court.
upon by the court during the pre-trial JUDGMENT
The petition for review shall be taken within fifteen (15)
shall be offered orally SECTION 1. Where the court shall days from notice of the decision or final order of the
immediately after the completion of the Judgment the case is render Regional Trial Court designated by the Supreme Court as
presentation of evidence of the party concerned. immediately submitted for judgment Special Commercial Courts.
after pre- decision within forty-
Procedure: trial. immediately five (45) days Upon
The opposing party shall immediately raise the after pre-trial in after pre-trial. proper motion and
objections on the offer of exhibits and accordance with the payment of the full amount of the legal fee
thereafter, the court shall at once rule on the offer Sec. 5, Rule 6 prescribed in Rule 141, as amended, and
and objections in open court. SEC. 2. Within forty-five (45) days the court shall before the expiration of the reglementary period,
Judgment after render
after receipt of the judgment on the Court of Appeals may grant an additional period of
submission last position the basis of fifteen (15) days within which to file the petition for review.
of position paper, affidavits, the parties
papers. documentary position No further extension shall be granted
and real papers, except for the most compelling reasons an
evidence, or affidavits, in no case to exceed fifteen (15) days.
the expiration of documentary
the period for and real
filing the same evidence.
under Sec. 6 of
Rule 6 and Sec.
6
CRIMINAL PROCEDURE SECTION 1. Complaint. The complaint shall be filed with b) The complaint
the Department of Justice or a. shall state the address of the respondent
Rule 10 the office of the prosecutor that has jurisdiction and
NATURE OF PROCEEDINGS over the offense charged: b. shall be in such number of copies as
there are respondents, plus two (2)
SECTION 1. Scope. Rules 10 to 15 shall apply to all a) The complaint shall state copies for the investigating prosecutor.
criminal actions for violations of intellectual property rights a. the full name of the complainant and c. shall be subscribed and sworn to
provided for in Republic Act 8293 or the Intellectual b. the facts showing the capacity or i. before any prosecutor or
Property Code, as amended, including authority of the complaining witness to government official authorized
1. Repetition of Infringement of Patent (Section 84), institute a criminal action in a to administer oath, or, in their
Utility Model (Section 108) and representative capacity, and absence or unavailability,
2. Industrial Design (Section 119), c. the legal existence of an organized ii. before a notary public.
3. Trademark Infringement (Section 155 in relation to association of persons that is instituting
Section 170), the criminal action. The administering officer must certify that
4. Unfair Competition (Section 168 in relation to d. In case of juridical persons, proof of o he personally examined the complainant
Section 170), capacity to sue must be attached to the and
5. False Designations of Origin; False Description or complaint. o he is satisfied that the complainant
Representation (Section 169.1 in relation to e. Where the complainant is a juridical voluntarily executed and understood the
Section 170), person not registered in the Philippines, complaint.
6. infringement of copyright, moral rights, i. documents proving its legal
performers rights, producers rights, and existence and/or its capacity to c) The complaint shall be accompanied by
broadcasting rights (Section 177, 193, 203, 208 sue, a. the affidavits of the complainant and his
and 211 in relation to Section 217), and ii. such as a certificate of witnesses,
7. other violations of intellectual property rights as registration or extracts from b. as well as other supporting documents to
may be defined by law. relevant commercial registries establish probable cause.
or offices having jurisdiction c. Notarized affidavits of witnesses shall be
SEC. 2. Special Commercial Courts in the National Capital over said entities, shall be allowed and admitted as part of the
Judicial Region with authority to issue search warrants accepted if these are originals complaint,
enforceable nationwide. or in case of public documents, d. provided that affidavits executed by non-
certified true copies thereof residents of the Philippines shall be duly
Special Commercial Courts in Quezon City, Manila, Makati, executed by the proper officer authenticated by the concerned
and Pasig shall have authority to act on applications for the of such registries or offices. Philippine consular or diplomatic office.
issuance of search warrants involving violations of the
Intellectual Property Code, which search warrants shall be d) In instances where multiple complaints are filed by
enforceable nationwide. Within their respective territorial Where the complainant is the same complainant,
jurisdictions, the Special Commercial Courts in the judicial a foreign national or a. copies of the supporting documents shall
regions where the violation of intellectual property rights domiciled or be admitted after they are compared
occurred shall have concurrent jurisdiction to issue search has a real and effective industrial establishment in with and shown to be faithful
warrants. a country which reproductions of the originals or certified
o is a party to any convention, treaty or documents referred to in sub-paragraphs
Accordingly, the Executive Judges are hereby relieved of the agreement relating to intellectual (a) and (c) above.
duty to issue search warrants involving violations of the property rights or the repression of
Intellectual Property Code in criminal cases as stated in Sec. unfair competition to which the
12, Chapter V of A.M. No. 03-8-02-SC Philippines is also a party, or
o extends reciprocal rights to national of
(Guidelines on the Selection and Appointment of Executive the Philippines by law
Judges and Defining their Powers, Prerogatives and Duties).
the verified complaint must contain such facts showing
Rule 12 entitlement to file the action.
PRELIMINARY INVESTIGATION

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SEC. 2. Procedure. - The preliminary investigation shall be SEC. 3. When accused lawfully arrested without warrant. In case of failure to attach the complaint, affidavits and
conducted as follows: When a person is lawfully arrested without a warrant, evidence
a) Within ten (10) days after the filing of the the information may be filed by a prosecutor the court shall order the investigating prosecutor,
complaint, the investigating prosecutor, on the without need of such investigation through the courts designated prosecutor, to
basis of the complaint and the affidavits and other provided an inquest had been conducted in submit the said requirements before the pre-trial.
evidence accompanying the same, may dismiss the accordance with existing Rules.
case outright for being patently without basis or SEC. 2. Where to file. The information, together with
merit and order the release of the accused if in BEFORE THE INFORMATION IS FILED attachments, shall be
custody, and/or seized articles in custody, if any. filed with the court referred to in Section 2 of Rule
the person arrested 1
b) When the complaint is not dismissed pursuant to may ask for a preliminary investigation in which has jurisdiction over the territory where any
the immediately preceeding paragraph, the accordance with this Rule, but of the elements of the offense occurred.
investigating prosecutor, within ten (10) days from must sign a waiver of the provisions of Article 125
the filing of the complaint, shall issue an order to of the Revised Penal Code, as amended, in the SEC. 3. When warrant of arrest may issue. Within ten (10)
the respondent attaching thereto a copy of the presence of his counsel. days from the filing of the information, the judge
complaint and its supporting affidavits and o Notwithstanding the waiver, he may shall personally evaluate the information together
documents, and require the respondent to submit apply for bail and with the resolution of the prosecutor and its
his counter-affdavit and the affidavits of his o the investigation must be terminated supporting documents.
witnesses and other documentary evidence in the within fifteen (15) days from its may immediately dismiss the case if the evidence
format required under Section 1 hereof, wherever inception. on record clearly fails to establish probable cause.
applicable, serving copies thereof on the o If he finds probable cause, he shall issue
complainant not later than ten (10) days from AFTER THE FILING OF THE INFORMATION IN COURT a warrant of arrest, or a commitment
receipt of said order.The counter-affidavits shall be WITHOUT PRELIMINARY INVESTIGATION order if the accused has already been
subscribed and sworn to and certified as provided arrested.
in paragraphs(b) and (c) of Section 1 hereof. The The accused may
respondent shall not be allowed to file a motion to ask for a preliminary investigation In case of doubt on the existence of probable cause
dismiss in lieu of a counter-affidavit. with the same right to adduce evidence in his the judge may order the prosecutor to present
defense as provided in this Rule additional evidence within five (5) days from
c) If the respondent cannot be served with the order within five (5) days from the time he learns of its notice and
of the investigating prosecutor, or if served, does filing the issue must be resolved by the court within
not submit counter-affidavits within the ten (10) fifteen (15) days from the presentation of the
day period, the investigating prosecutor shall Rule 11 additional evidence.
resolve the complaint based on the evidence COMMENCEMENT OF ACTION
presented by the complainant. SEC. 4. Disposition of goods seized pursuant to search
SECTION 1. How commenced. The filing of criminal cases warrant. If a criminal action has been instituted, only the
d) The investigating prosecutor may set a hearing if falling within the scope of this Rule trial court shall rule on a motion
there are facts and issues to be clarified from a shall be by information to quash a search warrant or
party or a witness. The parties can be present at after a prior verified complaint is filed under Rule to suppress evidence obtained thereby or to
the hearing but without the right to examine or 12 on Preliminary Investigation. release seized goods.
cross-examine. They may, however, submit to the
investigating prosecutor questions which may be When the information is filed, It shall be the duty of the applicant or private complainant
asked to the party or witness concerned. the verified complaint and to file a motion for the immediate transfer of the
the affidavits of witnesses together with other seized goods to the trial court,
evidence, in such number of copies as there are which motion shall be immediately acted upon by
e) Within ten (10) days from the last written accused plus two (2) copies for the courts files, the issuing court.
submission by the parties or the expiration of the
period for such submission, the investigating shall be attached thereto.
prosecutor shall determine whether or not there is
sufficient ground to hold the respondent for trial.

8
If no criminal action has been instituted, the motion If the accused is in custody for the crime charged, he shall he shall so manifest during the pre-trial, stating the purpose
to quash a search warrant or be immediately arraigned. thereof.
to suppress evidence obtained thereby or If allowed by the court, the additional affidavits of
to release seized goods If the accused enters a plea of guilty, he shall forthwith be the prosecution or the counter-affidavits of the
sentenced. defense shall be
may be filed in and resolved by the issuing court. o submitted to the court and served on the
After arraignment, the court shall immediately schedule the adverse party not later than three (3)
If case for pre-trial. days after the termination of the pre-
pending resolution of the motion, trial.
a criminal case is meanwhile filed in another court, SEC. 2. Referral to mediation.
If the additional affidavits are presented by the prosecution,
The incident shall be transferred to and resolved by the Procedure: the accused may file his counter-affidavits and
latter court. 1. Before conducting the trial, the court shall call the serve the same on the prosecution within three (3)
parties to a pre-trial. days from such service.
Upon 2. Upon appearance of the parties during pre-trial,
motion of the party whose goods have been the judge shall order the parties to appear before Before the pre-trial, the court may require the marking of
seized, the Philippine Mediation Center for court-annexed documentary or object evidence by the branch clerk of court
with notice to the applicant mediation on the civil aspect of the criminal action. or any authorized court personnel.
3. The pre-trial judge shall suspend the court
The issuing court may proceedings while the case is undergoing SEC. 4. Non-appearance at the pre-trial. If the counsel for
quash the search warrant and mediation. the accused or the prosecutor
order the return of the seized goods 4. Upon termination of the mediation proceedings, does not appear at the pre-trial and
if no criminal complaint is filed within sixty (60) the court shall continue with the pre-trial. does not offer an acceptable excuse for his lack of
days from the issuance of the search warrant. cooperation
SEC. 3. Pre-trial. During the pre-trial
If stipulation of facts may be entered into, or The court may impose proper sanctions or penalties.
no criminal action is filed before the office of the the propriety of allowing the accused to enter a
prosecutor and plea of guilty to a lesser offense may be SEC. 5. Record of pre-trial. Within five (5) days after the
no motion for the return of the seized goods is considered, or termination of the pre-trial
filed within sixty (60) days from the issuance of such other matters as may be taken up to clarify
the search warrant the issues and to ensure a speedy disposition of The court shall issue an order stating the matters taken up
the case. therein, including but not limited to:
The issuing court shall require the parties, including the a) Plea bargaining;
private complainant, if any, to show cause why the search However, no admission by the accused shall be used against b) The stipulations or admissions entered into by
warrant should not be quashed. him unless the parties;
reduced to writing and c) Whether, on the basis of the stipulations and
SEC. 5. Prohibited motions. The following motions shall signed by the accused and his counsel. admissions made by the parties, judgment
not be allowed: may be rendered without the need of further
a) Motion to quash the information, except on A refusal or failure to stipulate shall not prejudice the proceedings, in which event judgment shall
the ground of lack of jurisdiction; accused. be rendered within thirty (30) days from
b) Motion for extension of time to file affidavits issuance of the order;
or any other papers; and The pre-trial shall be terminated not later than thirty (30) d) A clear specification of material facts which
c) Motion for postponement intended for delay. days from the date of its commencement, excluding the remain controverted;
period for mediation and JDR. e) Trial dates of each party;
Rule 13 f) Such other matters intended to expedite the
ARRAIGNMENT AND PRE-TRIAL Should a party desire to present disposition of the case.
additional affidavits or
SECTION 1. Arraignment. The arraignment shall be counter affidavits as part of his direct evidence
conducted in accordance with Rule 116 of the Rules of
Court.

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Rule 14 Rule 17
TRIAL Rule 16 EVIDENCE IN PATENT CASES
COMMON RULES ON ADMISSIBILITY
SECTION 1. Affidavits and other evidence at the trial. The AND WEIGHT OF EVIDENCE SECTION 1. Burden of proof in patent infringement;
Court shall presumption regarding process patents.
hear the evidence of the parties SECTION 1. Evidence of good faith. - In cases of patent a) The burden of proof to substantiate a charge for
on the trial dates agreed upon by them during the infringement, trademark infringement, and copyright patent infringement rests on the party alleging the
pre-trial. infringement, fraudulent intent on the part of the same, subject, however, to sub-Section b) below,
defendant or the accused need not be established. and other applicable laws.
The affidavits of the witnesses of the parties which form
part of the record of the case, such as those submitted: Good faith is not a defense, unless b) If the subject matter of a patent is a process for
(a) during the preliminary investigation; and/or the defendant or the accused claims to be a prior obtaining a product, any identical product is
(b) during the pre-trial user under Sections 73 and 159 of the Intellectual presumed to have been obtained through the use
Property Code or of the patented process if:
shall constitute the direct testimonies of the witnesses who when damages may be recovered under Sections i. the product is new; or
executed them. 76, 156, and 216 of the Code. ii. there is substantial likelihood that the
identical product was made by the process
Such witnesses may be subjected to cross examination by SEC. 2. Foreign official documents. All official records kept and
the adverse party. in a foreign country, including certificates of registration,
shall be admissible if authenticated the owner of the patent has been unable,
SEC. 2. Conduct of trial. The court shall conduct hearings o by the proper consular office of the despite reasonable efforts, to determine
expeditiously so as to ensure speedy trial. Philippines the process actually used.
o having jurisdiction over the country
Each party shall have a maximum period of sixty (60) days where such records and/or certificates In such cases, the court
to present his evidence-in-chief on the trial dates agreed are kept. o shall then order the defendant or alleged
upon during the pre-trial. o However, such authentication of foreign infringer to prove that the process to
official documents may be the subject of obtain the identical product is different
SEC. 3. Submission of memoranda. Upon termination of the agreement of the parties. from the patented process,
trial, the court may order o subject to the courts adoption of
the parties to submit their memoranda SEC. 3. Deposition of foreign witness. The deposition of measures to protect, as far as
setting forth the law and the facts relied upon by any witness abroad practicable, said defendant or alleged
them shall be taken within six (6) months from the date infringers manufacturing and business
within a non-extendible period of thirty (30) days of the order allowing the deposition, secrets.
unless the failure to take the deposition within the
SEC. 4. Judgment. The court shall promulgate the period is caused by a SEC. 2. Patents issued presumed valid.
judgment not later than sixty (60) days from the time the o fortuitous event, a) In all cases, a letters patent issued by the
case is submitted for decision, with or without the o fraud, Intellectual Property Office Bureau of Patents, or
memoranda. o accident, its predecessor or successor-agencies, is prima
o mistake or facie evidence of its existence and validity during
A copy of the judgment shall be furnished the IPO. o excusable negligence. the term specified therein against all persons,
a. unless the same has already been
Rule 15 SEC. 4. Presumptions in the Intellectual Property Code. cancelled or voided by a final and
APPEAL The presumptions in the Intellectual Property Code on executory judgment or order.
patents, trademarks and copyright shall apply to these
SECTION 1. Who may appeal. Any party may appeal from Rules.
a judgment or final order
unless the accused will be placed in double SEC. 5. Suppletory application of the rules on discovery and
jeopardy. evidence. Unless inconsistent with these Rules, the rules
on discovery and evidence under the Rules of Court shall
SEC. 2. How appeal taken. The appeal shall be taken in apply.
the manner provided under Rule 122 of the Rules of Court.

10
b) Moreover, letters patents issued by the Intellectual To assist in the trial involving highly-technical evidence or g) the extent to which the mark has been used
Property Office Bureau of Patents, or its matters, the court may also request the IPO to provide in the world;
predecessor or successor-agencies, are presumed equipment, technical facilities, and personnel. h) the exclusivity of use attained by the mark in
to have been validly issued by said government the world;
agency in accordance with applicable laws, SEC. 5. Application to utility models and industrial designs. i) the commercial value attributed to the mark
a. unless otherwise contradicted or The above rules shall likewise be applicable to infringement in the world;
overcome by other admissible evidence cases involving utility models and industrial designs. j) the record of successful protection of the
showing that the same was irregularly rights in the mark;
issued. Rule 18 k) the outcome of litigations dealing with the
EVIDENCE IN TRADEMARK INFRINGEMENT issue of whether the mark is a well-known
SEC. 3. Presumption regarding knowledge of existing patent AND UNFAIR COMPETITION CASES mark; and
rights. For purposes of awarding damages in patent l) the presence or absence of identical or similar
infringement cases, it is presumed that the defendant or SECTION 1. Certificate of registration. A certificate of marks validly registered for or used on
alleged infringer knew of the existence of a patent over a registration of a mark shall be prima facie evidence of: identical or similar goods or services and
protected invention or process, if: a) the validity of the registration; owned by persons other than the person
(a) on the patented invention or product b) the registrants ownership of the mark; and claiming that his mark is a well-known mark.
manufactured using the patented process; c) the registrants exclusive right to use the
(b) on the container or package in which said article is same in connection Provided, further, that the mark is well-known both
supplied to the public; or a. with the goods or services and internationally and in the Philippines.
(c) on the advertising material relating to the b. those that are related thereto specified in
patented product or process, the certificate. SEC. 3. Presumption of likelihood of confusion. Likelihood
of confusion shall be presumed in case
are placed the words "Philippine Patent" with the number of SEC. 2. Well-known mark. In determining whether a mark an identical sign or mark
the patent. is well-known, account shall be taken of is used for identical goods or services.
the knowledge of the relevant sector of the public,
SEC. 4. Request for technical advice. In patent rather than of the public at large, SEC. 4. Likelihood of confusion in other cases. In
infringement cases, including knowledge in the Philippines determining whether one trademark
the court, motu proprio or upon motion by a party, which has been obtained as a result of the is confusingly similar to or
may order the creation of a committee of three (3) promotion of the mark. is a colorable imitation of another
experts to provide advice on the technical aspects
of the patent in dispute. The following criteria or any combination thereof may be the court must consider
o Within thirty (30) days from receipt of taken into account in determining whether a mark is well- the general impression of the ordinary purchaser,
the order creating the committee, known: buying under the normally prevalent conditions in
each side shall nominate an a) the duration, extent and geographical area of trade and
expert, any use of the mark; in particular, the giving the attention such purchasers usually give
who shall then both be duration, extent and geographical area of any in buying that class of goods.
appointed by the court. promotion of the mark, including advertising
The court shall appoint the or publicity and the presentation, at fairs or Visual, aural, connotative comparisons and overall
third expert from a list exhibitions, of the goods and/or services to impressions engendered by the marks in controversy as
submitted by the experts of which the mark applies; they are encountered in the realities of the marketplace
each side. b) the market share, in the Philippines and in must be taken into account.
All fees and expenses relating other countries, of the goods and/or services
to the appointment of a to which the mark applies; Where there are both similarities and differences in the
committee shall be initially c) the degree of the inherent or acquired marks, these must be weighed against one another to see
equally shouldered by the distinction of the mark; which predominates.
parties d) the quality-image or reputation acquired by
but may later on be the mark;
adjudicated by the court in e) the extent to which the mark has been
favor of the prevailing party. registered in the world;
f) the exclusivity of registration attained by the
mark in the world;
11
In determining likelihood of confusion between marks used c) where the similarity in the appearance of the shall, in the absence of proof to the contrary, be
on non-identical goods or services, several factors may be goods as packed and offered for sale is so presumed to be the author of the work.
taken into account, such as, but not limited to: striking. This presumption applies even if the name is a
a) the strength of plaintiffs mark; pseudonym
b) the degree of similarity between the plaintiffs SEC. 7. Generic marks. A registered mark shall not be o provided the pseudonym leaves no doubt
and the defendants marks; deemed to be the generic name of goods or services as to the identity of the author.
c) the proximity of the products or services; solely because such mark is also used as a name
d) the likelihood that the plaintiff will bridge the of or to identify a unique product or service. The person or body corporate whose name appears on an
gap; audio-visual work in the usual manner
e) evidence of actual confusion; The test for determining shall, in the absence of proof to the contrary, be
f) the defendant's good faith in adopting the whether the mark is or has become the generic presumed to be the maker of said work.
mark; name of goods or services
g) the quality of defendant's product or service; on or in connection with which it has been used SEC. 4. International registration of works. A statement
and/or concerning a work, recorded in an international register in
h) the sophistication of the buyers. shall be the primary significance of the mark to the relevant accordance with an international treaty to which the
public rather than purchaser motivation. Philippines is or may become a party, shall be construed as
Colorable imitation denotes true until the contrary is proved
such a close or ingenious imitation as to be Rule 19
calculated to deceive ordinary persons, or EVIDENCE IN COPYRIGHT CASES EXCEPT:
such a resemblance to the original as to deceive a) Where the statement cannot be valid under
an ordinary purchaser SECTION 1. When copyright presumed to subsist. In Republic Act No. 8293, as amended, or any
o giving such attention as a purchaser copyright infringement cases, other law concerning intellectual property; or
usually gives, as to cause him to copyright shall be presumed to subsist in the work b) Where the statement is contradicted by
purchase the one supposing it to be the or other subject matter to which the action relates, another statement recorded in the
other. and international register.
ownership thereof shall be presumed to belong to
SEC. 5. Determination of similar and dissimilar goods or complainant Rule 20
services. Goods or services may not be considered as o if he so claims through affidavit evidence ORDER OF DESTRUCTION
being similar or dissimilar to each other on the ground that, under Section 218 of the Intellectual
in any registration or publication by the Office, they appear Property Code, as amended, SECTION 1. Order of destruction. At any time after the
in different classes of the Nice Classification. o unless defendant filing of the complaint or information
disputes it and shows or upon motion and
SEC. 6. Intent to defraud or deceive. In an action for attaches proof to the contrary after due notice and hearing
unfair competition, the intent to defraud or deceive the in his answer to the complaint. o where the violation of the intellectual
public shall be presumed: property rights of the owner is
a) when the defendant A mere denial of the subsistence of copyright and/or established
o passes off a product as his ownership of copyright based on lack of knowledge shall the court may order the destruction of the seized
o by using imitative devices, signs or not be sufficient to rebut the presumption. infringing goods, objects and devices, including
marks on the general appearance of the but not limited to,
goods, SEC. 2. Effect of registration and deposit. Registration and o sales invoices,
o which misleads prospective purchasers deposit of a work with the National Library or the o other documents evidencing sales,
into buying his merchandise Intellectual Property Office o labels,
o under the impression that they are shall not carry with it the presumption of o signs,
buying that of his competitors; ownership of the copyright by the registrant or o prints,
depositor, o packages,
b) when the defendant nor shall it be considered a condition sine qua non o wrappers,
o makes any false statement in the course to a claim of copyright infringement. o receptacles, and
of trade o advertisements and
o to discredit the goods and business of SEC. 3. Presumption of authorship. The natural person o the like used in the infringing act.
another; or whose name is indicated on a work in the usual manner as
the author
12
Such hearing shall be SEC. 3. Admissibility of representative samples.
summary in nature Representative samples of the goods, objects and devices
with notice of hearing to the defendant or accused referred to in this Rule, together with the inventory and
o to his last known address photographs of the same, shall be admissible in lieu of the
o to afford the defendant or accused the actual items.
opportunity to oppose the motion.
Rule 21
SEC. 2. Conditions for order of destruction. The court may REPORTORIAL REQUIREMENTS
only issue an Order of Destruction, subject to the following
conditions: SECTION 1. Reportorial requirements. Within thirty (30)
a) An inventory and photographs of the seized days from the issuance of the decision or final order, the
infringing goods have been taken before court shall furnish the IPO a copy of the decision or final
destruction at the place where the seized order.
infringing goods are stored;
b) The taking of the inventory and photographs
must be witnessed and attested to by:
a. the accused or counsel or agent, or in
their absence, an officer of the barangay
where the seized infringing goods are
stored;
b. the complainant, his representative or
counsel; (3) the public officer who seized
the items or a representative of his
office; and (4) a court officer authorized
by the court to supervise the destruction
of the seized infringing goods;
c) Representative samples of the seized
infringing goods have been retained in a
number and nature as to suffice for
evidentiary purposes;
d) An inventory of the representative samples
has been made by the persons enumerated
under (b) above;
e) The court officer authorized to supervise the
destruction has submitted a report thereon,
within five (5) days from the date of
destruction, to which is attached
a. the inventory and photographs of the
seized infringing goods and
b. the inventory of the representative
samples; and
f) The applicant has posted a bond in an
amount fixed by the court.

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