The Intellectual Property Office of the Philippines (IPOPHL) anticipates a continued reduction in the resolution time of intellectual property violation (IPV) cases after streamlining proceedings for qualified IPV disputes.
Under the Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights (IPV Rules), IPOPHL, through its Bureau of Legal Affairs introduced the Rules of Procedure on Resolution of Action without Provisional Remedies in IP Cases with Delimited Damages (RAPID Rules).
The RAPID Rules provide a simpler path for IPV cases with a claim for damages between P200,000 to P500,000, with no provisional remedies sought. Among the salient features of the RAPID Rules are: provisions on prohibited pleadings; format of email filings; the filings of physical copies for Complaint and Answer subsequent to the electronic filing; option of online hearings; inclusion of evidentiary matters in the initial pleadings; and limiting hearing schedules to a maximum of five hearing dates per party.
The streamlined procedure entails filing fees which are the same as a regular IPV filing, thus offering a more efficient solution without adding extra financial burden on litigants.
“The RAPID Rules aim to provide an option to our stakeholders to avail of this streamlined route should their main purpose be the vindication of their IP Rights, while seeking delimited damages.” IPOPHL Director General Brigitte M. da Costa Villaluz said.
The RAPID Rules are in consonance with the Supreme Court’s ongoing initiative to modernize the judicial system. This effort incorporates evolving trends in law, jurisprudence and international conventions, ensuring the system adapts to both technological advancements and global standards.
“By aligning with the modernization of the Supreme Court, the process provides updated, practical guidance to parties, ensuring certainty, smoother case management and reduced delays,” BLA Officer-in-Charge Christine V. Pangilinan-Canlapan said.
The RAPID Rules, promulgated through IPOPHL Memorandum Circular 2024-045, took effect on December 28, 2024. The new rules follow the issuance of Memorandum Circular 2024-021 which adopted the online mode in the proceedings while ensuring due process amid its modernization journey.
These enhancements form part of the BLA’s broader ongoing program to update its system, processes and records and ensure efficient and fair adjudication of IP cases.
