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

Section 1

The only pleadings allowed to be filed are the complaints, compulsory counterclaims and cross-claims pleaded in the answer, and the answers thereto, as well as those not expressly prohibited under Section 4 of this Rule. All pleadings shall be verified.

Section 2

Any intellectual property right owner, or anyone possessing any exclusive right, title or interest under claim of ownership in any intellectual property right, or an exclusive licensee to a copyright, whose right may have been violated, may file an action under these Rules. Any person who is a national, or who 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, shall be entitled to file an action under these Rules. Any foreign national or juridical person who meets the requirements of the immediately preceding paragraph, and does not engage in business in the Philippines, may also file an action under these Rules.

Section 3

The complaint shall be verified and shall state the full names of the parties to the case. Facts showing the capacity of a party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, must be averred. In case of juridical entities, proof of capacity to sue must be attached to the complaint. The complaint shall contain a concise statement of the ultimate facts, including the evidence, constituting the complainant's cause(s) of action. It shall specify the relief(s) sought, but it may add a general prayer for such further or other relief(s) as may be deemed just or equitable. The judicial affidavits referred to in Section 5 hereof and the relevant evidence shall be made part of the complaint. The complaint shall include a certification that the party commencing the action has not filed any other action or proceeding involving the same issue(s) before any tribunal, agency, or quasi-judicial body nor is such action or proceeding pending before any other tribunal, agency or quasi-judicial body; Provided, however, that if any such action is pending, the status of the same must be stated, and should knowledge thereof be acquired after the filing of the complaint, the party concerned shall undertake to notify the court within five (5) calendar days from such knowledge. When the party-litigant is a juridical entity, the verification/certification of non-forum shopping required should be executed by a natural person duly authorized by the juridical entity, through a special power of attorney or a resolution issued by the juridical entity for the purpose, attached to the complaint. The complaint shall further be accompanied by proof of payment of docket and other lawful fees. Failure to comply with the foregoing requirements shall not be remedied by mere amendment of the complaint. The court, motu proprio, shall dismiss the case without prejudice. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt, without prejudice to the corresponding administrative, civil and criminal liabilities. If the acts of a party or their counsel clearly constitute willful and· deliberate forum shopping, the same shall be a ground for summary dismissal with prejudice and shall constitute direct contempt.

Section 4

The following pleadings and motions are prohibited: a) Motion to dismiss, except on the following grounds: 1) That the court has no jurisdiction over the subject matter; 2) That there is another action pending between the same parties for the same cause; or 3) That the cause of action is barred by a prior judgment or by statute of limitation. b) Motion for reconsideration of a final order or judgment, except with regard to an order of destruction issued under Rule 20 hereof; c) Reply, except when an actionable document is attached in the Answer; d) Petition for relief from judgment; e) Motion for extension of time to file pleadings or other written submissions, except for the answer for meritorious reasons and provided that only one (1) motion for extension of time to file an answer shall be allowed, which shall not exceed thirty (30) calendar days; f) Motion for postponement, except if it is based on acts of God, force majeure, or physical inability of the witness to appear and testify. The grounds raised for the postponement of the hearing due to physical inability of the witness to appear must be justified and substantiated. A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the Office of the Clerk of Court evidencing payment of the postponement fee under Section 21 (b), Rule 141 of the Rules of Court, to be submitted either at the time of the filing of said motion or not later than the next hearing date; g) Third-party complaint; h) Motion to hear affirmative defenses; and i) Any pleading or motion which is similar to or of like effect as any of the foregoing.

Section 5

The judicial affidavits required to be submitted with the complaint in a question-and-answer format numbered consecutively shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. The judicial affidavits shall also show the competence of the affiants to testify to the matters stated therein. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action, and shall be a ground for the court to order that the inadmissible affidavit or portion thereof be expunged from the records.

Section 6

Failure to File Complaint Where a Writ of Search and Seizure is Issued. — Upon motion of the party whose goods have been seized, with notice to the applicant, the issuing court may lift its writ and order the return of the seized goods if no case is filed with the appropriate court and/or quasi-judicial agency, including the IPO, within forty-five (45) calendar days from the date of issuance of the writ. If upon hearing of the motion, even when no complaint was filed but the seized goods are hazardous under Rule 20, upon due notice to appropriate government regulatory agencies, the court shall order the destruction of the same. If no motion for the return of the seized goods is filed within sixty (60) calendar days from the issuance of the writ under the first paragraph, the court shall order the disposal and/or destruction of the goods, as may be warranted under Rule 20, after hearing with notice to the parties.