South-East Asia IP Judges’ Virtual Roundtable

6-7 October 202014:00 – 16:30

Bangkok Time (UTC+7)

DEVELOPMENT AND IMPACT OF THE SPECIAL RULES OF PROCEDURE IN THE

INTELLECTUAL PROPERTY RIGHTS CASES IN THE PHILIPPINES

Justice Ramon Paul L. HernandoSupreme Court of the Philippines

By:

DOMESTIC LAWS

I. DOMESTIC LAWS

a. Intellectual Property Code of the Philippines (1998)

b. Civil Code of the Philippinesc. An Act for the Protection of Layout Designsd. Philippine Plant Variety Protection Act

e. University Accessible Cheaper and QualityMedicines Act (Republic Act No. 9502), 2008

f. Optical Media Act

I. DOMESTIC LAWS

g. Republic Act No. 10372 (2013) amending PhilippineIP Code to comply with requirements of WIPOInternet Treaties

h. Anti-Camcording Act

i. Amendment to Anti-Money Laundering Act

j. Cybercrime Prevention Act

k. 1987 Philippine Constitution

INTERNATIONAL LEGAL FRAMEWORK

a. WIPO Convention, 1980

b. Paris Convention for the Protection ofIndustrial Property, 1965

c. Budapest Treaty on International Recognition of Deposit of Microorganisms

II. INTERNATIONAL LEGAL FRAMEWORK

d. TRIPS Agreement, 1995

e. Patent Cooperation Treaty, 2001

f. Madrid Protocol, 2012

II. INTERNATIONAL LEGAL FRAMEWORK

SPECIAL RULES OF PROCEDURE

III. SPECIAL RULES OF PROCEDURE

a. Rule on Search and Seizure in Civil Actions for Enforcement of IP Rights

➤ Promulgated by the Philippine Supreme Court in 2002 via Administrative Matter No. 02-1-06-SC

➤ Anton Piller Order

III. SPECIAL RULES OF PROCEDURE

b. Rules of Procedure for IntellectualProperty Rights Cases in Courts

➤ Promulgated in 2011 by the Philippine Supreme Court as Administrative No. 10-3-10-SC

➤ Feaures:

i. Designates Special IP Courts with National Jurisdiction;

ii. Courts can issue search and seizure enforceable nationwide;

iii. Courts can immediately order destruction of infringing goods;

iv Governs Civil Litigation and Criminal Procedure

➤ Bureau of Legal Affairs, Intellectual Property Office of the Philippines

c. Rules of Procedure for Intellectual Property Rights in Administrative Actions

III. SPECIAL RULES OF PROCEDURE

IMPACT OF SPECIAL INTELLECTUAL

PROPERTY RULES IN THE PHILIPPINES

IV. IMPACT OF SPECIAL INTELLECTUALPROPERTY RULES IN THE PHILIPPINES

a. Compliant with international standardssuch that IP stakeholders, both foreignand local, have better protection and enforcement of their IP Rights;

IV. IMPACT OF SPECIAL INTELLECTUALPROPERTY RULES IN THE PHILIPPINES

b. Due to strengthening of IntellectualProperty enforcement, the Philippines wasremoved from USTR Special 301 Report in 2014;

IV. IMPACT OF SPECIAL INTELLECTUALPROPERTY RULES IN THE PHILIPPINES

c. Small and Medium Enterprises (SMEs) arebecoming aware of their Intellectual PropertyRights, particularly on protection, promotionand enforcement aspects;

IV. IMPACT OF SPECIAL INTELLECTUALPROPERTY RULES IN THE PHILIPPINES

d. Competitive advantages of IntellectualProperty Rights holder have been consolidateddue to significant increase in campaign againstinfringers thru court administrative procedures;

IV. IMPACT OF SPECIAL INTELLECTUALPROPERTY RULES IN THE PHILIPPINES

e. Faster adjudication of Intellectual Propertycases, both civil and criminal, have been realized and being maintained under currentSpecial Intellectual Property Rules framework;

THANK YOU!