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

Section 1

During clarification hearing or hearings, parties must have representatives or their counsels, with special power of attorney or resolution as the case may be, ready for questioning by the court. Immediately after termination of such clarification hearing(s), the court shall order the parties to file, within ten (10) calendar days from such date, their respective position papers as required under Section 7 of the preceding Rule.

Section 2

Upon submission of the parties' position papers after the pre-trial as required under Section 7 of the preceding Rule, and the court deems it necessary to hold clarification hearing or hearings on any matter before rendering judgment, it shall set the case for such purpose. The order setting the case for clarification hearing must be issued not later than fifteen (15) calendar days after receipt of the last position paper or the expiration of the period for filing the same and the clarification hearing must be scheduled within fifteen (15) calendar days from the issuance of such order and completed not later than fifteen (15) calendar days.

Section 3

A period not exceeding thirty (30) calendar days shall be allotted to the plaintiff and a similar period to the defendant in the manner prescribed in the Pre-Trial Order. The failure of a party to present a witness on a scheduled trial date shall be deemed a waiver of such trial date. However, a party may present such witness or witnesses within the party's remaining allotted trial dates. No postponement shall be allowed by the judge except for acts of God, force majeure or physical inability of the witness to appear and testify, in accordance with Section 4 (f) of Rule 3.

Section 4

Evidence presented during the trial and not otherwise admitted by the parties or ruled upon by the court during the pre-trial shall be offered orally immediately after the completion of the presentation of evidence of the party concerned. The opposing party shall immediately raise the objections on the offer of evidence, and thereafter, the court shall at once rule on the offer and objections in open court.

Section 5

Immediately after an oral ruling on the last offer of evidence, the court may order the parties to simultaneously submit their memoranda and/or respective draft decisions, within a non-extendible period of thirty (30) calendar days.