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

Section 1

The complaint shall be filed with the appropriate office in the Department of Justice or the Office of the Prosecutor that has jurisdiction over the offense charged: a) The complaint shall state the full name of the complainant and the facts showing the capacity or authority of the complaining witness to institute a criminal action in a representative capacity, and the legal existence of an organized association of persons that is instituting the criminal action. In case of juridical persons, proof of capacity to sue must be attached to the complaint. Where the complainant is a juridical person not registered in the Philippines, documents proving its legal existence and/or its capacity to sue, such as a certificate of registration or extracts from relevant commercial registries or offices having jurisdiction over said entities, shall be accepted if these are originals or in case of public documents, certified true copies thereof executed by the proper officer of such registries or offices. Where the complainant is a foreign national or is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, the verified complaint must contain such facts showing entitlement to file the action. b) The complaint shall state the address of the respondent and shall be in such number of copies as there are respondents, plus two (2) copies for the investigating prosecutor. The complaint shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public. The administering officer must certify that he or she personally examined the complainant and that he or she is satisfied that the complainant voluntarily executed and understood the complaint. c) The complaint shall be accompanied by the affidavits of the complainant and their witnesses, as well as other supporting documents to establish probable cause. Notarized affidavits of witnesses shall be allowed and admitted as part of the complaint, provided that affidavits executed by non-residents of the Philippines shall be duly authenticated by the concerned Philippine consular or diplomatic office. In instances where multiple complaints are filed by the same complainant, copies of the supporting documents shall be admitted after they are compared with and shown to be faithful reproductions of the originals or certified documents referred to in subparagraphs (a) and (c) above.

Section 2

The preliminary investigation shall be conducted as follows: a) Within ten (10) calendar days after the filing of the complaint, the investigating prosecutor, on the basis of the complaint, affidavits, and other evidence accompanying the same, may dismiss the case outright for being patently without basis or merit, and order the release of the accused if in custody, and/or seized articles in custody, if any. b) When the complaint is not dismissed pursuant to the immediately preceding paragraph, the investigating prosecutor, within ten (10) calendar days from the filing of the complaint, shall issue an order to the respondent attaching thereto a copy of the complaint and its supporting affidavits and documents, and require the respondent to submit his or her counter-affidavit and the affidavits of his or her witnesses and other documentary evidence in the format required under Section 1 hereof, wherever applicable, serving copies thereof on the complainant not later than ten (10) calendar days from receipt of said order. The affidavits shall be subscribed and sworn to and certified as provided in paragraphs (b) and (c) of Section 1 hereof. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit. c) If the respondent cannot be served with the order of the investigating prosecutor, or if served, does not submit his or her counter-affidavit within the ten (10)-calendar-day period, the investigating prosecutor shall resolve the complaint based on the evidence presented by the complainant. d) The investigating prosecutor may set a hearing if there are facts and issues to be clarified from a party or a witness. The parties can be present at the hearing but without the right to examine or cross-examine. They may, however, submit to the investigating prosecutor questions which may be asked to the party or witness concerned. e) Within ten (10) calendar days from the last written submission by the parties or the expiration of the period for such submission, the investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial.

Section 3

When a person is lawfully arrested without a warrant, the information may be filed by a prosecutor without need of such investigation provided an inquest had been conducted in accordance with existing Rules. Before the information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he or she must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his or her counsel. Notwithstanding the waiver, he or she may apply for bail and the investigation must be terminated within fifteen (15) calendar days from its inception. After the filing of the information in court without preliminary investigation, the accused may, within five (5) calendar days from the time he or she learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his or her defense as provided in this Rule.