PHILIPPINES Law and Practice Contributed by: Mark Leo Bejemino, Maria Patricia Cruz and Edward King Chua, Villaraza & Angangco
4.3 Paediatric-Use Marketing Authorisations There are no laws or rules that specifically govern pae ‑ diatric-use marketing authorisations in the Philippines. 4.4 Orphan Medicines Extensions Orphan medicines extensions are not available in the Philippines.
A preliminary injunction becomes enforceable upon service of the written order on the defendant. Service is generally required to be personal, although alterna ‑ tive modes may be permitted, such as registered mail or publication. The injunction takes effect upon ser ‑ vice, and the timing of service is critical in determining its enforceability. A preliminary injunction may be dissolved upon the filing of a counterbond and upon showing that the continuation of the injunction would cause irreparable damage, while the applicant can be fully compensat ‑ ed for any damages suffered. The amount of the coun ‑ terbond depends on the nature of the case and the relief sought, as no fixed amount is prescribed by law. A party may request a stay of a preliminary injunction while an appeal is pending. As a general rule, injunc ‑ tions that are immediately executory are enforceable upon issuance and are not stayed by an appeal unless the court orders otherwise. However, a stay may be granted if the requesting party shows that it will suf ‑ fer irreparable harm without the stay and that there are substantial grounds to question the injunction on appeal. The appellate court may, at its discretion, suspend, modify or restore the injunction, subject to conditions such as the posting of a bond to protect the opposing party. 5.2 Final Injunctive Relief A final injunction becomes enforceable only after trial, following the court’s determination that the applicant is entitled to have the complaint permanently enjoined. The injunction forms part of the final decision and becomes effective only when the decision becomes final and executory, meaning the appeal period has passed without any appeal being filed. No bond is required to enforce a final injunction, as this is part of the court’s final adjudication. The effectivity of the final injunction is tied to the service of the order on the enjoined party, and the injunction is enforceable only once it has been properly served. The enforcement of a final injunction is carried out by the court’s process server, who is responsible for personally serving the order to the enjoined party. If personal service is not possible, alternative methods such as registered mail or publication can be used. If
5. Relief Available for Patent Infringement 5.1 Preliminary Injunctive Relief
Undertakings as to damages are required from pat ‑ entees or exclusive licensees seeking a preliminary injunction. This undertaking is typically provided in the form of a bond, which serves as a financial guaran ‑ tee to compensate the defendant if the injunction is later found to have been wrongly granted. The bond remains in force for the duration of the preliminary injunction, which usually lasts until the final resolu ‑ tion of the case. If the injunction is lifted or reversed, the bond may be forfeited to compensate the defend ‑ ant for any damages caused. In life sciences patent cases, where the injunction could prevent the sale or distribution of medicines or medical devices, the bond might also account for economic damages like lost profits and reputational harm. Third parties, such as national health services, are generally not entitled to the undertaking, as the bond primarily benefits the defendant who is subject to the injunction. The amount of the bond is discretionary and determined by the court, based on the circum ‑ stances of the case, but there are no fixed rules for calculating the quantum. A preliminary injunction is a provisional remedy that cannot exist independently and must be anchored to a main action. If the main action is terminated, the injunction is automatically dissolved. Once issued, a preliminary injunction is initially effective for a period of 20 days from service. Within this period, a hear ‑ ing is conducted to determine whether the injunction should be extended to remain in effect while the main case is pending.
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