The law affords extensive protection to intellectual property (IP) holders. But when infringement strikes, time is of the essence. Prolonged litigation often fails to stem the tide of ongoing violations. By the time judgment is rendered, infringing goods may already be sold, destroyed, or disseminated through complex distribution chains. Damage multiplies—and sometimes becomes irreparable. To address this, Philippine law provides immediate remedies to halt violations, mitigate losses, and preserve evidence.
IP infringement may give rise to civil, criminal, or administrative liability. Civil and criminal cases are brought before the courts, while administrative complaints are filed with the Intellectual Property Office of the Philippines (IPOPHL), particularly the Bureau of Legal Affairs (BLA). In all cases, relief may be sought even before formal litigation begins.
Search and Seizure
Aggrieved parties may apply for search and/or seizure warrants prior to filing civil or criminal cases. Civil warrants are governed by A.M. No. 02-1-06-SC (the Rule on Search and Seizure in Civil IP Cases), while criminal warrants are issued under the Rules of Court.
For civil warrants to issue, the applicant must prove:
- Lawful ownership or authorization over the IP;
- Probable cause of actual or imminent infringement;
- Irreparable damage;
- Risk of concealment, removal, or destruction of infringing items; and
- That the items to be seized are either infringing or used in infringement.
A bond is required to cover any potential damages the adverse party may suffer due to the issuance of the writ.
In criminal cases, the judge must find probable cause that the items sought are subject to a criminal offense. In both cases, the judge must personally examine the applicant and witnesses under oath.
Once the action is filed, proceedings are governed by A.M. No. 10-3-10-SC, or the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases. These rules also apply to civil suits, along with the suppletory provisions of the Rules of Court.
Injunctive Reliefs
Injunctive relief is another critical tool. A Temporary Restraining Order (TRO) may be issued for 72 hours, extendible to 20 days, followed by a Preliminary Injunction, which may become permanent. Applicants must show clear and unmistakable right in need of protection and an urgent necessity to prevent serious and irreparable harm. Courts or the BLA may prohibit infringers from manufacturing, distributing, transporting, marketing, or altering the disputed goods. The relief can also restrain acts that may aggravate the violation or render judgment ineffectual. Applications may be filed as part of the complaint or in a separate motion after the case is commenced.
Destruction and Disposal of Infringing Goods
Once infringement is established, the court or IPOPHL may order the destruction or disposal of seized counterfeit or pirated items, along with materials or implements predominantly used in the infringement. This process is summary in nature for counterfeit or pirated goods.
To safeguard due process and evidentiary value, photographs, inventories, and sample items from the disposed goods are declared admissible in lieu of the originals.
In sum, the legal framework allows IP owners to act swiftly. The goal is not merely to win on paper—but to stop the violation in its tracks, secure valuable evidence, and shield the holder’s rights from irreversible harm. In the battle for IP protection, speed is not just an advantage—it is a necessity.
