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Enforcement Powers in Philippines

Pursuant to the recent amendments of the Philippines Intellectual Property Code (Republic Act No. 8293), the Intellectual Property Office of the Philippines (“IPOPHL”) issued Office Order No. 13-170 which provides the rules and regulations for the exercise of its enforcement functions and visitorial powers.

An Intellectual Property Rights Enforcement Office (“IPREC”) was established to receive information, complaints or reports from rights holders, other government agencies and the public in general relative to Intellectual Property Rights violations. The IPREC will be headed by the Director General and assisted by designated IPOPHL personnel.

IPOPHL enforcement actions are initiated by filing a verified complaint by the rights holder or its representative. Within 30 days from receipt, action must be taken to undertake any or all of the following enforcement actions:

(a) issuance of notice/warning to the respondents; (b) issuance of a visitorial order (“VO”) on the subject premises; (c) issuance of compliance order (“CO”) against the respondents; (d) immediate filing of administrative complaint before the local government unit concerns or other government agencies/tribunals; (e) referral of the case to the law enforcement agency for case build-up; (f) recommendation for application of search warrant; (g) dismissal of the complaint; (h) referral of the case to other government agencies for filing of charges for violation of other laws, rules or regulations; (i) such other actions necessary to ensure compliance with the provisions of the IP Code.

In the event a VO is issued, it shall be valid 10 days from issuance. The nature of the visit and the complained IPR violation must be duly explained to the owners, employees or representatives of the business establishment. Only those items prominently displayed in business establishments shall be noted in the Post-Operation report. The Director General may likewise issue a CO directing the owner of the business establishment to comply with the IP Code within 60 days to avoid the filing of an administrative action.

With fresh enforcement powers, IPOPHL is expected to provide the necessary assistance to trademark owners and support the fight against IPR violators in the Philippines.

 

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