Philippines: IP Office Cannot Issue Injunctions On Counterfeit Claims

The Philippines Justice Secretary has issued an opinion that an agency cannot issue an injunction against an alleged counterfeiter as the complainant must be an actual party with an interest in the case.

The opinion, contained in a letter of Justice Secretary Leila M. de Lima to Director-General Ricardo R. Blancaflor of the Intellectual Property Office of the Philippines (IPOPHIL) dated 28 September, said counterfeiting does not warrant the issuance of an injunction order, according to a report in BusinessWorld online newspaper.

An injunction “is to be resorted to only when there is a pressing necessity to avoid injurious consequences which cannot be remedied under any standard of compensation,” de Lima wrote. IPOPHIL also “cannot file a case in behalf of the various brand owners whose goods are being illegally sold,” she said.

IPOPHIL’s role is to strengthen IP protection by securing the exclusive rights of individuals to their creations, the report said.