The French Chamber of Commerce and Industry in the Philippines (CCIFP) is taking a proactive stance in safeguarding the interests of its member companies by encouraging them to register their trademarks with the Intellectual Property Office of the Philippines (IPOPHL). By doing so, member companies can fortify their brand’s protection against unlawful activities, counterfeit products, and pirated contents that have been prevalent in the Philippine market.
Intellectual property infringement, including trademark counterfeiting and piracy, poses a significant threat to businesses operating in the Philippines. The absence of proper trademark registration can leave companies vulnerable to potential financial losses and tarnish their hard-earned reputation. With this issue at hand, CCIFP emphasizes the importance of taking preventative measures to protect intellectual property rights and foster a fair and competitive business environment.
By registering with IPOPHL, companies are provided with a legal foundation to take legal action against any unauthorized use of their trademarks and ultimately safeguard their consumers from purchasing substandard or potentially harmful products. Registration of trademarks can be accomplished online through this link:
https://www.ipophil.gov.ph/etm-file-trademark/.
Remedies for IP Violations After Trademark Registration
Once a trademark is duly registered with the Intellectual Property Office of the Philippines (IPOPHL), businesses gain a strong legal foundation to protect their intellectual property rights. In the unfortunate event of IP violations, there are several effective remedies that trademark owners can pursue to uphold their rights and seek appropriate compensation for damages incurred. CCIFP recommends the following courses of action for its member companies:
- Criminal Complaint for IP Violation:
File a criminal complaint with the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) to initiate a case build-up against the infringing party. Alternatively, they can directly file the complaint with the Prosecutor’s Office in the city where the violation occurred. Criminal complaints may cover cases of trademark or copyright infringement and unfair competition. Law enforcement agencies will investigate the matter and, if necessary, take appropriate legal actions against the wrongdoer.
- Civil Case for IP Violation:
Pursue a civil case against the infringing party in the Regional Trial Court (RTC). The trademark owner may pray for damages, seeking compensation for losses suffered due to the infringement. The RTC may also issue a temporary restraining order (TRO) and/or a Writ of Preliminary Injunction to prevent the infringing party from continuing its unlawful activities during the litigation process.
- Administrative Case with the Bureau of Legal Affairs (BLA) of IPOPHL:
File an administrative case with the Bureau of Legal Affairs of IPOPHL. Similar to a civil case, the trademark owner may pray for damages. The BLA has the authority to issue a TRO and/or a Writ of Preliminary Injunction to halt the infringing party’s activities during the administrative proceedings. For detailed information on the procedure of filing cases with the BLA, interested parties may refer to the following link: BLA Procedure Link. The BLA page can be accessed through this link: BLA Page Link.
- Alternative Remedy: Filing a Complaint with IPOPHL-IP Rights Enforcement Office (IEO):
For those seeking to disrupt the business operations of the infringer, an alternative remedy lies in filing a complaint with IPOPHL’s IP Rights Enforcement Office (IEO). This option is particularly useful when the infringement affects the business operations of the trademark owner significantly. For more information on this option, interested parties may visit the following link: IEO Information Link.
CCI France Philippines strongly advises its member companies to be vigilant in protecting their intellectual property rights. By taking proactive measures, such as trademark registration and pursuing appropriate remedies in case of IP violations, businesses can bolster their legal position and safeguard their brand reputation and financial interests.
For more information, kindly visit https://www.ipophil.gov.ph/