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

Section 1

In cases of patent, trademark, and copyright infringement, fraudulent intent on the part of the defendant or the accused need not be established. Good faith is not a defense unless the defendant or the accused claims to be a prior user under Sections 73 and 159 of the Intellectual Property Code, or when damages may be recovered under Sections 76, 156, and 216 of the Code.

Section 2

If an official document, including notarial acts, is kept in a foreign country, which is party to a treaty or convention to which the Philippines is also a party, or considered a public document under such treaty or convention pursuant to paragraph (c) of Section 19, Rule 132 of the Rules of Court, the certificate or its equivalent regarding such document shall be in the form prescribed by such treaty or convention subject to reciprocity granted to public documents originating from the Philippines. For documents originating from a foreign country which is not party to a treaty or convention referred to in the next preceding sentence, the certificate regarding such document may be made by a secretary of the embassy or legation, consul general, consul, vice-consul, or consular agent, or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his or her office. A document that is accompanied by a certificate or its equivalent may be presented in evidence without further proof, the certificate or its equivalent being prima facie evidence of the due execution and genuineness of the document involved. The certificate shall not be required when a treaty or convention between a foreign country and the Philippines has abolished the requirement, or has exempted the document itself from this formality.

Section 3

The deposition of any witness abroad shall be taken within sixty (60) calendar days from the date of the order allowing the deposition, unless the failure to take the deposition within the period is caused by a fortuitous event, fraud, accident, mistake or excusable negligence. The deposition must be taken under the same procedure provided in Rule 5.

Section 4

The presumptions in the Intellectual Property Code on patents, trademarks and copyright shall apply to these Rules.

Section 5

Unless inconsistent with these Rules, the rules on discovery and evidence under the Rules of Court shall apply.

Section 6

Whenever a rule of evidence refers to the term writing, document, record, instrument, memorandum or any other form of writing, such term shall be deemed to include an electronic document. An electronic document is admissible in evidence if it complies with the rules on admissibility under A.M. No. 01-7-01-SC, or the Rules on Electronic Evidence.