On 27 November 2024, the Intellectual Property Office of the Philippines (“IPOPHL“) issued IPOPHL Memorandum Circular No. 2024-045 promulgating the Rules of Procedure on the Resolution of Actions Without Provisional Remedies in Intellectual Property Cases with Delimited Damages (“RAPID Rules“). These rules apply to intellectual property (“IP“) cases where the total damages claimed—including attorney’s fees and other legal costs—range from ₱200,000 (approx. US$3,600) to ₱500,000 (approx. US$9,000), and where no provisional remedies are sought. All other cases will be governed by the standard rules for administrative complaints concerning violations of IP rights.
Under the RAPID Rules, administrative complaints must be filed within four years from the date of commission of the violation, or from the date of discovery of the violation if the date is unknown. All pleadings submitted by any interested party must be verified, and include a certification of non-forum shopping. Notably, while the RAPID Rules require electronic filing of the Complaint and the Answer, hard copies must be submitted either in person, by registered mail, or through a private courier, with copies sent to the opposing party. All other pleadings, motions, and submissions shall be filed electronically without the need to file a hard copy, unless otherwise required.
After the Answer is received, the parties will be referred to mediation. If mediation fails, the case will proceed to pre-trial and trial proper. Under the RAPID Rules, the trial process is expedited, and hearings may be held online if both parties agree. In deciding controversies, the Hearing Officer is not bound by strict technical rules of evidence and shall consider substantial evidence sufficient to prove a fact. The Hearing Officer is mandated to render a decision within 60 calendar days from the submission of the parties’ Memoranda, regardless of whether a final pleading is submitted.
If you have any queries on the above, please feel free to contact Ruby S. Jalit (Of Counsel) at ruby.jalit@cagatlaw.com or Ben Dominic R. Yap (Managing Partner) whose contact details are set out on this page.
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