PHILIPPINES Law and Practice Contributed by: Mark Leo Bejemino, Maria Patricia Cruz and Edward King Chua, Villaraza & Angangco
9. Alternative Dispute Resolution 9.1 ADR Options Mediation and arbitration are the principal ADR mech ‑ anisms available for life sciences and pharmaceutical IP disputes. In proceedings before the IPOPHL, after submitting the respondent’s responsive pleading in a cancellation, infringement or other IP case, the mat ‑ ter is automatically referred to the Alternative Dispute Resolution Services of the Bureau of Legal Affairs, where the parties are required to undergo mandatory mediation to explore an amicable resolution of the case. In proceedings before trial courts, after pre-trial, the parties will be referred to mandatory court-annexed mediation. If the judge of the court to which the case was originally raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution.
11. Collective Redress 11.1 Group Claims
Group claims (class actions) are available in the Philip ‑ pines, including disputes involving allegedly defective medicines or medical devices, although they remain relatively uncommon in the life sciences and pharma ‑ ceutical sector. Class actions are governed primar ‑ ily under the Rules of Civil Procedure, which allow a representative suit when the subject matter of the controversy is one of common or general interest to such a high number of persons that it is impracticable to join all as parties. In pharma-related cases, class actions may be anchored on laws such as the Consumer Act of the Philippines, which addresses unsafe or defective con ‑ sumer products, and the Food and Drug Administra ‑ tion Act, which regulates the safety, efficacy and qual ‑ ity of drugs and medical devices.
10. Settlement/Antitrust 10.1 Considerations and Scrutiny
In general, market competition and potential antitrust activities are closely monitored by the Philippine Com ‑ petition Commission, implementing Republic Act No 10667 or the Philippine Competition Act. However, there are no rules or guidelines that apply specifically to the pharmaceutical industry.
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