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ARTICLE · 08 JUNE 2021

IP Litigation & Enforcement Guide

A brief guide addressing common questions and concerns of the IP litigation and enforcement landscape in the Philippines

PhilippinesIntellectual Property

Is your jurisdiction a common law or civil law jurisdiction?

The Philippines is primarily a civil law jurisdiction, but its legal system has elements of common law as decisions of the Supreme Court are binding on lower courts and are a source of law.

What methods are there for enforcing IP rights in your jurisdiction?

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What courts have jurisdiction to handle civil IP cases?

Courts designated as Special Commercial Courts (SCCs) have jurisdiction to handle civil IP cases.

Is there any bifurcation of proceedings? For example, for determining validity or damages?

Bifurcation of proceedings is not an option available under Philippine rules. Issues such as the liability of an infringer and the appropriate remedies are resolved in the same proceeding.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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