PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
7.8 Effect of Trade Mark and Copyright Office Decisions In the Philippines, decisions made by special - ised administrative bodies, such as the IPOPHL, are typically given substantial weight by the courts in deference to their expertise in their respective fields. When evaluating infringement claims, courts may consider similar IPOPHL rul - ings as precedents. The courts also seldom dis - turb the factual findings of the IPOPHL in case of appeals. 7.9 Counterfeiting and Bootlegging Counterfeiting is considered a subcategory of trade mark infringement but is not explicitly defined by the IP Code. However, IPOPHL Mem - orandum Circular 2020-049 defines “counterfeit goods” as “any goods or materials including packaging bearing without authorisation a trade - mark which is identical to a trademark validly registered with the IPOPHL or already declared as a well-known mark internationally and in the Philippines by a competent authority in respect of such goods or which cannot be distinguished in its essential aspects from such a trademark and which thereby infringes the rights of the owner of the trademark in question”. Similarly, piracy is a form of copyright infringe - ment that refers to the act of illegally distributing or reproducing copyrighted content, typically on a large scale and often for profit. Piracy over the internet is separately punishable under Republic Act No 8792 (the Electronic Commerce Act of 2000). The same law prescribes the grounds for liability of service providers for infringing con - tent. IPOPHL Memorandum Circular 2020-049 as revised by Memorandum Circular 2023-025 pro - vides remedies specific to counterfeit goods and
pirated content through the Enforcement Office of the IPOPHL, including site blocking. Notably, House Bill 7600 is currently pending in the Senate, and seeks to give the IPOPHL addi - tional powers to prevent the entry and circulation of counterfeit or pirated goods or content in the market. The IPOPHL has also been pushing to increase the penalties provided in the IP Code to mitigate piracy and counterfeiting through Sen - ate Bills 2150, 2385 and 2326. Bootlegging is the act of recording live perfor - mances or studio recordings without the copy - right holder’s consent. In the Philippines, there are currently no laws or rules that explicitly define and address “bootlegging”. The most relevant issuance is Republic Act No 10088 (the Anti-Camcording Law of 2010), which penalises the unauthorised recording of cinematographic films and audiovisual works. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings The IPOPHL has established rules for IP litiga - tion, including the Regulations on Inter Partes Proceedings for trade mark oppositions and cancellations, the Rules on Administrative Com - plaints for IP Violations for trade mark and copy - right infringement cases, and the Uniform Rules on Appeal for internal IPOPHL appeals. In regular courts or SCCs, infringement cases are governed by the Rules of Procedure for Intellectual Property Rights Cases issued by the Supreme Court.
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