PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
• in civil actions seeking to recover civil liabili - ties arising from a crime; • if double judicial costs are awarded; and • in any other case where the court finds it just and fair to allow the recovery of attorneys’ fees and litigation expenses. 10.4 Ex Parte Relief Prior notification is not required before an IP infringement case is instituted. This is because all legal reliefs require the participation of the defendant, who will have an opportunity to defend themselves. Under the Rules & Regulations on Administrative Complaints for Violation of Laws Involving Intel - lectual Property Rights, a temporary restraining order valid for 72 hours may be issued ex parte in cases of extreme urgency where the applicant faces grave injustice or irreparable harm. Within the 20-day period of the temporary restraining order, the party or person sought to be enjoined shall show cause why the injunction should not be granted, and the complainant may thereafter present evidence to the contrary. If the appli - cant’s right is clear, the invasion is substantial and there is an urgent need for the injunction in order to prevent serious harm, the preliminary injunction will be issued. 10.5 Customs Seizures of Counterfeits or Parallel Imports Trade Mark An IP rights holder may record their rights with the Bureau of Customs (BOC), on the basis of which the BOC will monitor and inspect sus - pect imports on its own initiative, to determine whether they are liable for seizure and forfeiture pursuant to the law. To record IP rights with the BOC, the following documents are required:
• a notarised Power of Attorney authorising the agent to act for the IP owner; • an affidavit and application form, listing the details of the IP rights and distributors; • proof of ownership in the form of registration certificates, an affidavit of ownership, or a court decision indicating ownership; and • two product samples or digital photos/manu - als if the products are bulky or expensive. The process takes about two weeks and the out - come is valid for two years, and is renewable thereafter. However, Customs Administrative Orders 6-2002 and 9-2008 prohibit only the entry of infringing, counterfeit and pirated goods. The IP Code is likewise silent with regards to the trade mark and copyright owner’s right to prevent the importation of genuine goods that have been lawfully placed in the market abroad. Therefore, parallel importation for trade marked and copy - righted goods remains a grey area that is cur - rently allowed in the Philippines. Decisions issued by the BLA director in adminis - trative IP rights violation cases may be appealed to the ODG within 30 days from notice. Appeals can address errors of both law and fact. ODG decisions can be further appealed to the Court of Appeals via a petition for review under Rule 43 of the Rules of Court within 15 days from notice, based on questions of fact and law. For civil infringement cases, decisions and final orders of the SCC must be appealed to the Court of Appeals within 15 days from notice through a Rule 43 petition, addressing both fact and law. 11. Appeal 11.1 Appellate Procedure
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