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

Section 1

Rules 10 to 15 shall apply to all criminal actions for violations of intellectual property rights provided for in Republic Act No. 8293 or the Intellectual Property Code, as amended, including Repetition of Infringement of Patent (Section 84), Utility Model (Section 108) and Industrial Design and Layout of Integrated Circuits (Section 119), Trademark Infringement (Section 155 in relation to Section 170), Unfair Competition (Section 168 in relation to Section 170), False Designations of Origin; False Description or Representation (Section 169.1 in relation to Section 170), infringement of copyright, moral rights, performers' rights, producers' rights, and broadcasting rights (Sections 177, 193, 203, 208 and 211 in relation to Section 217), Cybersquatting under Section 4 (a) (6) (i) and (iii) of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012, Infringement of Plant Variety Protection under Republic Act No. 9168 or the Plant Variety Protection Act (Section 47 in relation to Section 56), Republic Act No. 8203 or the Special Law on Counterfeit Drugs (Section 3 (b) in relation to Section 4), or Republic Act No. 10088 or the Anti-Camcording Act of 2010 (Section 3 in relation to Section 4), which involves intellectual property rights, and other violations of intellectual property rights as may be defined by law.

Section 2

Special Commercial Courts in the City of Manila, Quezon City, Makati City, Pasig City, Baguio City, Iloilo City, Cebu City, Cagayan de Oro City, and Davao City shall have authority to act on applications for the issuance of search warrants involving violations covered by Section 1 of Rule 10, which search warrants shall be enforceable nationwide. Within their respective territorial jurisdictions, the Special Commercial Courts in the judicial regions where the violation of intellectual property rights occurred shall have concurrent jurisdiction to issue search warrants. Accordingly, the Executive Judges are hereby relieved of the duty to issue search warrants involving violations of the Intellectual Property Code in criminal cases as stated in Sec. 12, Chapter V of A.M. No. 03-8-02-SC (Guidelines on the Selection and Appointment of Executive Judges and Defining their Powers, Prerogatives and Duties).