Our intellectual property litigation services are designed to protect the lifeblood of your business—your ideas, brands, and innovations. We provide aggressive and strategic legal representation to defend your intellectual assets against infringement, unfair competition, and unauthorized use in the Philippines’ rapidly evolving digital and commercial landscape.
What You Should Know About Intellectual Property Violations in the Philippines
In the Philippines, intellectual property violations are serious offenses that undermine fair competition and innovation. These violations occur when a party exercises the exclusive rights of an IP owner without legal authorization or through deceptive practices that mislead the public. Under the Intellectual Property Code (R.A. 8293), these acts are not only civil cases but can also constitute criminal offenses punishable by imprisonment and substantial fines.
Recognizing the specific type of violation is the first step in determining whether to pursue an administrative remedy through the IPOPHL Bureau of Legal Affairs or a judicial action through the Special Commercial Courts. Key categories of violations include:
Infringement of Rights
This involves the unauthorized use of a registered trademark, patent, or copyrighted works, assessed by likelihood of confusion for trademarks and unauthorized use or sale for patents.
Unfair Competition
Unlike infringement, this does not require a registered mark and occurs when a competitor uses deceptive practices to pass off goods or services as those of another, such as similar packaging or false statements.
False Designation of Origin
This violation involves using false descriptions or representations in connection with goods or services to misrepresent their geographic origin or the identity of the producer.
Copyright Piracy
This refers to the large-scale, unauthorized reproduction and distribution of copyrighted materials, including software, music, films, and books, often for commercial gain.
Industrial Design and Trade Secret Theft
This involves unauthorized copying of the aesthetic shape or configuration of a product, or the illegal acquisition of confidential business information (like formulas or client lists) that provides a competitive edge.
What Duran & Duran-Schulze Law Does
At Duran & Duran-Schulze Law, we don’t just register intellectual property rights; we weaponize them. We provide sophisticated, high-stakes litigation services for creators, investors, and brand owners who require aggressive defense against infringement.
We are defined by a deep, technical expertise in the Intellectual Property Code (R.A. 8293), the regulations of the Intellectual Property Office of the Philippines (IPOPHL), and the specialized rules of procedure for special commercial courts.
Our Intellectual Property (IP) Litigation Services
We offer comprehensive protection and enforcement for your intangible assets:
Intellectual Property (IP) Enforcement Assistance
We can assist in coordinating with the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) to execute search warrants and seize counterfeit goods that infringe intellectual property.
Intes Partes and Administrative Litigation
We represent clients in opposing the registration of confusingly similar marks or petitioning for the cancellation of trademarks and patents that were wrongfully issued. We handle all filings with the IPOPHL Bureau of Legal Affairs.
Cease and Desist Strategy
Before escalating to court, we draft and serve targeted Cease and Desist letters. Our firm uses these as a strategic tool to secure immediate compliance or as a foundational evidence of willful infringement.
How to Get Started
For inquiries on requirements, processes, and fees, contact Duran & Duran-Schulze Law at (+632) 8478 5826, (+63) 917 194 0482, or info@duranschulze.com, or simply complete the form on this page. Our office is located at 1210 High Street South Corporate Plaza Tower 2, 26th Street, Bonifacio Global City, Taguig, Metro Manila, Philippines.
Need to Consult a Lawyer?
You can book an online or in-person consultation with Atty. Wendy. Choose a 30-minute or 1-hour session, fill out the form with your information and preferred schedule, pay the fee via PayPal, and meet with the attorney at the scheduled time.
Atty. Mary Wendy A. Duran
Founding Senior Partner [Read Profile]
Family Law, Civil Law, Criminal Law, Special Proceedings, and Property law
Intellectual Property Litigation FAQs
For your reference and guidance, here are some frequently asked questions about intellectual property litigation in the Philippines:
Intellectual property litigation involves legal action to protect or enforce rights over trademarks, copyrights, patents, trade secrets, and industrial designs. Generally, it includes filing, defending, and resolving disputes through courts and administrative bodies.
Both businesses and individual creators can use these services to enforce or defend IP rights. These include owners of trademarks, patents, copyrighted works, industrial designs, and trade secrets.
Yes. Trademark infringement, unfair competition, and copyright infringement carry criminal penalties in the Philippines, including imprisonment and fines, especially when the violation is “willful” and for commercial gain.
Generally, you can recover the profits the infringer made, the profits you lost, or a reasonable royalty you would have earned. In cases of bad faith, the court may even award “double damages.”
Yes. Many disputes are settled through negotiations, cease-and-desist letters, or alternative dispute resolution before formal IP litigation. Our law firm can facilitate these settlements to achieve faster and cost-effective resolutions.
Timelines vary depending on the complexity of the case, type of IP involved, and the forum. Administrative proceedings may take months, while court litigation can take several years.
A law firm ensures proper legal strategy, compliance with procedural rules, and strong representation in court or administrative bodies. It helps protect your intellectual property, enforce rights, and maximize remedies efficiently.
