A Practical Guide of Intellectual Property Litigation in the Philippines

What is a Intellectual Property?

Intellectual Property is a company’s or an individual’s collection of intangible assets that are legally protected from being used or implemented by third parties without their authorization. These intangible assets are artwork, symbols, logos, brand name, and designs. Any non-physical asset owned by a business or individual is considered an intangible asset. 

What are the Different Types of Intellectual Property?

Intellectual property consists of many types of intangible assets, which are the following:

  • Inventions: Patents, utility models, trade secrets, supplementary protection certificates, and confidential information and/or know-how.
  • Brands: Trademarks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, and Traditional Speciality Guarantee (TSG).
  • Other creations, technology and proprietary interests:  Copyright, design rights, semiconductor topography rights, plant varieties, database rights, trade secrets, and confidential information and/or know-how.

How Can Intellectual Property Rights Be Protected?

In order to assign ownership of each of the Intellectual Property Rights, the applicant must submit a legally notarized, attested, and apostilled deed of assignment signed by both parties and a power of attorney in favor of a local agent. For plant varieties, an original/certified and photocopies of the deed of assignment must be submitted to the Philippine Plant Variety Protection (PVP) office for recording in the Plant Variety Registry. Additionally, the deed of merger or any document attesting the transfer, such as an extract of the business registry translated in English. 

Duran & Duran-Schulze Law Can Help!

At Duran & Duran-Schulze Law, we specialize in Intellectual Property Litigation. We provide legal services and representation to our clients involved in disputes over the Intellectual Property Litigation. We also protect our client’s valuable assets and defend their interests in legal matters.

Documentation and Evidence Gathering 

Our competent lawyers assist our clients in gathering and organizing evidence to support their claims or defenses. This may involve conducting investigations, depositions, interrogatories, and expert witness testimony to strengthen the case.

Filing Lawsuits or Defenses

Duran & Duran-Schulze Law prepares and files lawsuits or defenses on behalf of our clients in the appropriate jurisdiction, ensuring compliance with procedural rules, and deadlines. 

Trial Representation

If the case goes to trial, our well-experienced lawyers represent our clients in court proceedings, presenting arguments, examining witnesses, and advocating their interests before the judge or jury.

Advise and Educate Clients 

Duran & Duran-Schulze Law advises clients on potential risks associated with intellectual property disputes and helps develop strategies to mitigate those risks. We also educate our clients about intellectual property laws, their rights, and potential legal risks, empowering them to make informed decisions about protecting their intellectual property.

Need further information and assistance regarding Intellectual Property Litigation? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.

Featured Articles

Change of Name

Change of Name

If you want to change your full name or surname, or when you only need to make substantial corrections such as clerical or typographical errors in any entry in Civil Registry…

Atty. Duran-Schulze's featured article on Asia Law Portal

Atty. Duran-Schulze's featured article on Asia Law Portal

Atty. Marie Christine Duran-Schulze has been a corporate attorney for over 14 years. She established Duran & Duran-Schulze Law in March 2013.

Trademark Litigation: "Consumers Missing Party?"​

Trademark Litigation: "Consumers Missing Party?"​​

In trademark litigation, there are two parties: the trademark owner who is the plaintiff, and the alleged infringer who is the defendant.

Inheritance of IP Rights: "Necessity of IP Owners"

Inheritance of IP Rights: "Necessity of IP Owners"

Inheritance of IP rights is inherently complex and varies from country to country. In some countries, varies based on religion.

Connect With Us

Please enable JavaScript in your browser to complete this form.

Let Us Handle the Rest While You Grow Your Business

Consult Now

Need expert legal advice on Corporate & Business Law? Schedule a consultation with Atty. Marie Christine Duran-Schulze now.
Need expert legal advice on litigation? Schedule a consultation with Atty. Mary Wendy Duran now.
Please enable JavaScript in your browser to complete this form.