PHILIPPINES Law and Practice Contributed by: Susan D. Villanueva, Patricia A. O. Bunye, Rowanie A. Nakan and Ritz Angelica R. Alejandro, Cruz Marcelo & Tenefrancia
to determine whether the TRO shall be extended until the application for preliminary injunction can be heard but in no case shall the total period of effectiveness exceed 20 days. For administrative cases before the BLA where a TRO is sought, the respondent shall be given a non-extendible period of ten days to file its counter-affidavit and supporting documents. Thereafter, the Hearing Officer shall draft the resolution on the application within ten days from receipt of the respondent’s counter-affida- vits. If it shall appear that great and irreparable injury would result to the applicant, a TRO may be issued with the approval of the Director to be effective only for 20 days from service on the party or person sought to be enjoined. However, if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the Hearing Officer, with the approval of the Director and with the concur- rence of the Director General, may issue ex parte a TRO effective for 72 hours from its issuance. 2.8 Protection for Potential Opponents To protect potential opponents from the issu- ance of a preliminary injunction or TRO, it must be shown why the application for injunction or TRO should be denied or dissolved if already granted. The grounds for objection include: • insufficiency; • other grounds, upon affidavits of the party or person enjoined; or • if it appears that the applicant is entitled to the injunction or TRO, but its issuance or con- tinuance would cause irreparable damage to the party enjoined while the applicant can be fully compensated for such damages, and the
former files a bond to cover all damages that the applicant may suffer by the denial or the dissolution of the injunction or TRO. 2.9 Special Limitation Provisions The collection of damages in an IP suit is limited such that no damages may be recovered for acts of infringement committed more than four years before the institution of the action. Furthermore, any criminal action against repeat infringers or those acting in connivance with them must be initiated within three years from the date the offence was committed. The amount of recoverable damages is also restricted to either the profit the complainant would have earned had the infringement not occurred or the profit gained by the defendant as a result of the infringement. Finally, a preliminary injunction shall only be issued if there exists an urgent need for the writ to prevent irreparable injury to the applicant. 2.10 Mechanisms to Obtain Evidence and Information For cases filed before the courts, the following modes of discovery may be availed of by any party not later than 30 days from the joinder of issues: • Depositions Pending Action: The testimony of any person may be taken by deposition upon oral examination or written interrogatories, upon ex parte motion of a party. At the trial, any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. • Written Interrogatories: When a party desires to elicit material and relevant facts from any adverse party, it shall, upon an ex parte motion, file and serve upon the latter writ-
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