New rules for intellectual property litigation launched

Chief Justice Diosdado M. Peralta. (PNA file photo by Benjamin Pulta)

MANILA – The Supreme Court on Wednesday launched the new rules of procedure to streamline the litigation of intellectual property rights (IPR) cases.

After the virtual launch, Chief Justice Diosdado M. Peralta said the 2020 IPR Rules are designed to foster a legal atmosphere that ultimately spurs creative activity and innovation, technology transfer, and foreign investment.

The rules were the product of consultations and discussions between the Judiciary and the stakeholders from sectors, practitioners, the academe, and the Intellectual Property Office of the Philippines (IPOPHIL).

Peralta, who oversaw the revisions being the chairperson of the Sub-Committee Committee for the Revision of the Rules of Procedure for Intellectual Property Rights Cases, emphasized that all those responsible behind the Rules “worked tirelessly on the draft rules via online” given the challenges brought about by the coronavirus disease 2019 (Covid-19) pandemic.

The Supreme Court En Bank approved the 2020 IPR Rules on Oct. 6, 2020. The rules took effect on Nov. 16, 2020, following their publication.

The Sub-Committee is vice-chaired by Associate Justice Alfredo Benjamin S. Caguioa and Associate Justice Alexander G.

Gesmundo, with Retired Associate Justice Francis H. Jardeleza as a consultant.

Peralta expressed hope that the inclusion of the 2020 IPR Rules in the Philippine Judicial Academy (PHILJA)’s training programs would promote and enhance judicial education in the country.

He said the rules would be ”an essential tool for the courts and all concerned stakeholders to safeguard and thwart any infringement on intellectual property rights”.

SC spokesman Keith Hosaka said the reason behind the revision of the rules on IPR Cases is in line with the thrust and objectives of Peralta to continuously revise the rules of court “in order to ensure a more efficient administration of justice and faster resolution of cases”.

“In fact, a lot of the salient amendments to the rules on IPR Cases are very much similar to and a reiteration of the provisions in the 2019 Amendments to the Rules of Civil Procedure, 2019 Amendments to the Revised Rules on Evidence, and the Revised Guidelines for Continuous Trial for Criminal Cases. The drafting and crafting of the aforementioned new rules were all spearheaded by Chief Justice Peralta,” Hosaka said.