New RAPID Rules Expedite IP Violation Proceedings
The Intellectual Property Office of the Philippines (IPOPHL), through its Bureau of Legal Affairs (Bureau), has issued the Rules of Procedure on Resolution of Action Without Provisional Remedies in Intellectual Property (IP) Cases with Delimited Damages (RAPID Rules) which aims to streamline proceedings for intellectual property violation (IPV) proceedings.
The RAPID Rules offer a more efficient resolution for IPV cases with a claim for damages, including attorney’s fees and other legal costs, between PHP200,000.00 to PHP500,000.00, with no provisional remedies sought.
According to IPOPHL Director General Brigitte M. da Costa Villaluz, “The RAPID Rules aim to provide an option to our stakeholders to avail of this streamlined route should their main purpose be the vindication of their IP Rights, while seeking delimited damages.”
Among the significant features of the RAPID Rules are the electronic filing of pleadings, answer, motions, and other submissions by electronic mail (email) and option of hearings via online video conference. It must be noted, however, that subsequent to the filing by email, a hard copy of the complaint or answer is still required to be submitted with the Bureau, personally, by registered mail, or by private courier. Succeeding submissions shall be filed electronically without a need to file a hard copy, unless otherwise required by the Bureau. To expedite the trial of cases, hearing schedules are limited, with each party to the case having a maximum of five (5) hearing dates.
The expedited procedure under the RAPID Rules has required filing fees similar to a regular IPV filing.
The RAPID Rules are aligned with the Supreme Court’s initiative to modernize judicial processes and the Bureau’s ongoing efforts to enhance its system for efficiency and fair resolution of IP cases.
“By aligning with the modernization of the Supreme Court, the process provides updated, practical guidance to parties, ensuring certainty, smoother case management and reduced delays,” IPOPHL Bureau of Legal Affairs Officer-in-Charge Christine Pangilinan-Canlapan said.
The full Memorandum Circular may be accessed here.