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

Section 1

The Court shall hear the evidence of the parties on the trial dates agreed upon by them during the pre-trial. The judicial affidavits of the witnesses of the parties which form part of the record of the case, such as those submitted: (a) during the preliminary investigation; and/or (b) during the pre-trial, shall constitute the direct testimonies of the witnesses who executed them. Such witnesses may be subjected to cross-examination by the adverse party.

Section 2

The court shall conduct hearings expeditiously so as to ensure speedy trial. Each party shall have a maximum period of sixty (60) calendar days to present their evidence-in-chief on the trial dates agreed upon during the pre-trial.

Section 3

After the prosecution has rested its case, the court shall inquire from the accused if he or she desires to move for leave of court to file a demurrer to evidence, or to proceed with the presentation of his or her evidence. If the accused orally moves for leave of court to file a demurrer to evidence, the court shall orally resolve the same. If the motion for leave is denied, the court shall issue an order for the accused to present and terminate his or her evidence on the dates previously scheduled and agreed upon, and to orally offer and rest his or her case on the day his or her last witness is presented. If despite the denial of the motion for leave, the accused insists on filing a demurrer to evidence, or if the accused files a demurrer to evidence without seeking a prior leave of court, the previously scheduled dates for the accused to present evidence shall be cancelled, and the accused shall be deemed to have waived the right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution. The demurrer to evidence shall be filed within a non-extendible period of ten (10) calendar days from the date when leave of court is granted or denied, or within a non-extendible period of ten (10) calendar days from the date when the prosecution has rested its case, in case no such prior leave of court was sought. The corresponding comment shall be filed within a non-extendible period often (10) calendar days counted from date of receipt of the demurrer to evidence. The demurrer shall be resolved by the court within a non-extendible period of thirty (30) calendar days from date of the filing of the comment or lapse of the period to file the same. If the motion for leave of court to file demurrer to evidence is granted, and the subsequent demurrer to evidence is denied, the accused shall likewise present and terminate his or her evidence and shall orally offer and rest his or her case on the day his or her last witness is presented. The court shall rule on the oral offer of evidence of the accused and the comment or objection of the prosecution on the same day of the offer. If the court denies the motion to present rebuttal evidence because it is no longer necessary, it shall consider the case submitted for decision. If the court grants the motion to present rebuttal evidence, the prosecution shall immediately proceed with its presentation after the accused had rested his/her case, and orally rest its case in rebuttal after the presentation of its last rebuttal witness. Thereafter, the accused shall immediately present sur-rebuttal evidence, if there is any, and orally rest the case in sur-rebuttal after the presentation of its last sur-rebuttal witness. Thereafter, the court shall submit the case for decision.

Section 4

Upon termination of trial, the court may order the parties to submit within a non-extendible period of thirty (30) calendar days their memoranda setting forth the law and the facts relied upon by them.

Section 5

The court shall promulgate the judgment not later than sixty (60) calendar days from the time the case is submitted for decision, with or without the memoranda. The IPO shall be furnished a copy of the judgment.