Intellectual Property Code with the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases

Section 1

These Rules shall be known and cited as the "2020 Revised Rules of Procedure for Intellectual Property Rights Cases."

Section 2

These Rules shall be observed by the Regional Trial Courts designated by the Supreme Court as Special Commercial Courts.

Section 3

These Rules shall apply to all cases involving Intellectual Property Rights. When the court determines that the civil or criminal action involves several intertwined issues, it shall issue a special order that the regular procedure prescribed in the Rules of Court shall apply, stating the reason therefor. Where applicable, the Rules of Court shall apply suppletorily to proceedings under these Rules.

Section 4

Unless restrained by the Supreme Court or the Court of Appeals, as the case may be, any order issued by the court under these Rules is immediately executory, except in the following: a) Order of destruction issued under Rule 20 hereof where a motion for reconsideration is filed; and b) Order of release of seized goods where a search warrant is quashed.

Section 5

Any pleading filed by any interested party shall be supported by verified statements that the affiant has read the same and that the factual allegations therein are true and correct of his or her personal knowledge, or based on authentic records or on judicial affidavits referred to in Rule 3, Section 5.

Section 6

It shall be the duty of the branch clerk of court to notify in writing the Director-General of the Intellectual Property Office of the Philippines (IPO) within thirty (30) calendar days after the filing of any action, suit or proceeding involving a copyright, trademark, service mark, patent, industrial design, and utility model, including undisclosed information and technology transfer agreement where the subject matter includes an intellectual property right. Provided, that if the action pertains to an application for civil or criminal search warrant in anticipation of an action to be filed, or if such application is incident to a pending action, the notification shall be made within thirty (30) calendar days after the issuance of an order granting or denying the application. Such notice shall set forth: the names and addresses of the litigants and the copyright, trademark, service mark, patent or design registrations involved and, where applicable, the numbers of their certificates of registration. Civil Procedure