The government has revised the rules of procedures for intellectual property rights (IPR) cases to further speed up resolution of disputes and sustain the country’s robust innovative economy.

 The adoption of the 2020 Revised Rules of IPR Cases was a collaborative effort among private sector stakeholders and various government agencies led by the Intellectual Property Office of the Philippines (IPOPHL), the Supreme Court, and the Department of Trade and Industry, among others.

 IPOPHL Director-General Rowel Barba cited the importance of the 2020 Revised IPR Rules in ensuring an effective and speedy adjudication of IP rights cases stressing the IPR is an essential pillar in creating an environment that fosters innovation, promotes investments and entrepreneurship.

He said that enforcement of IP rights has also become more important under the digital world where technology is being used and abused to commit counterfeiting, piracy, infringement and other forms of IP rights violations.  

“The Revised Rules drafted with the valuable inputs from the courts, law enforcement agencies, the IPOPHL, practitioners, IP stakeholders and members of the Supreme Court, has certainly taken into account the numerous logistics, legal and operational challenges. This inclusive process ensures relevant and responsive rules in the effective and expeditious adjudication of IP rights cases,” he said.

  In addition, the new rules would help ensure that the country will continue its robust stature among the world’s most innovative economy.

In the 2020 Global Innovation Index Report to land in the Top 50 innovative economies coming from

100th place in 2014 representing a jump of 50 notches in a span of 6 years. The Philippines has also been cited for performing above expectations for its level of development. The Global Innovation Index is a study of the World Intellectual Property Organization (WIPO) of 130 economies on their innovation. A WIPO executive has remarked that at the rate we’re going, we can possibly dislodge Switzerland, the consistent topnotcher of most innovative economies.

“Admittedly the challenge is for the Philippines to sustain this momentum is we are to remain competitive in this age of globalization,” he said.

With the adoption of the new procedures, Barba said that IPOPHL is committed to realize its 6-point agenda for the next 5 years coined as B.R.I.G.H.T. B: Building Collaboration and Partnerships; R: Raising the Ante for Customer Service; I: Integrating/Raising IP Awareness; G: Going back to Basics; H: Highlighting Human Capital; and T: Transforming IPOPHL into a Fully Digitalized Agency.

For his part as representative of the business and entrepreneurs in the country, Trade and Industry Secretary Ramon M. Lopez said DTI is working with IPOPHL to protect our resilient Filipino entrepreneurs and their “laban lang” spirit by ensuring Fair Trade through the confiscation and destruction of pirated and counterfeit products.

To boost support for MSMEs, the DTI partnered with IPOPHL to assist our entrepreneurs in developing their IP strategies.

Among these programs are the Juana Make a Mark Program, which waives trademark application fees for MSMEs founded by a woman or a group with at least one woman as a member.

There is also the Inventor Assistance Program, which provides free legal advice on patent applications and free basic seminars on patent search and drafting.

Meanwhile, the IP Depot is an online marketplace where MSMEs can market their IP-protected products for free.

“We urge everyone here to continue assisting our innovators and entrepreneurs to register and protect their IP rights. As our MSMEs grow and become successful through their innovations, they will generate more jobs and employment for our countrymen,” he said.

Among the salient provision of the revised rules procedures on IPR cases is the reduced period for rendering judgment on regular cases to 60 days from 90 days. The new rules also now allow additional Special Commercial Courts to issue writs of search and seizure in civil and criminal actions.

The revised order of destruction which includes disposal of infringing goods, related objects, or devices, specifying the manner or method of disposal and/or destruction thereof. Courts may also issue an order disposing of them by way of donation for humanitarian use, subject to conditions. However, those classified as hazardous shall only be subject to destruction.

The new procedures also include a list, for the first time, on what shall be accepted as proof of actual use of a mark in trademark infringement and unfair competition cases.

In addition, it accepts market survey as an evidence to prove primary significance, distinctiveness, or status of a mark and/or likelihood of confusion.

It also mandates the training of judges and court personnel by the Philippine Judicial Academy in coordination with the Office of the Court Administrator.