NOTES ON INTELLECTUAL PROPERTY RULES | Amor Powers (is back on Iwanttv!!!

INTELLECTUAL PROPERTY RULES VS REGULAR RULES (AMENDED)

IP rules Regular rules
As to execution Immediately executory Not immediately executory
As to verification All pleadings must be verified Not all, only those required by rules
As to pleadings Only 2 pleadings: 7 pleadings allowed:
allowed 1. Complaint 1. Complaint
2. Answer which must already 2. Counterclaim
contain: 3. Cross claim
a. Compulsory counterclaim 4. Complaint in intervention
b. Cross claim 5. 3rd, 4th, etc party complaint
6. Answer
7. Reply
As to what must Ultimate facts Ultimate and evidentiary facts
be contained in
the complaint
Effect of failure to The court can dismiss motu proprio As to failure to comply with certification against
comply with rule forum shopping, cannot be cured by
on certification amendment, can be dismissed without prejudice,
against forum
shopping proof of As to docket fees, court does not acquire
payment of jurisdiction until payment but non-payment will
docket fees not result to immediate dismissal. Period given
to comply with payment of docket fee
As to availability No motion for reconsideration, must appeal Motion for reconsideration and certiorari NOT
of MR directly allowed in answer but allowed after denial of a
motion to dismiss
When to file Within 15 days from service of summons Within 30 days from service of summons
answer to the
complaint
When to file 10 days from service 20 days from service
answer to cross
claim/
counterclaim
Failure to answer The court renders judgment unless court Defendant, upon motion may be declared in
requires the plaintiff to submit additional default.
evidence. As per commentary, to default
judgment, directly judgment by default
On receipt of pre- Parties must ensure the receipt of pre-trial Ensure receipt 3 days before pre-trial
trial briefs briefs 5 days before pre-trial
On offer of Offer of evidence is ORAL unless the court Oral offer as provided for in the amended rules
evidence requires written summary but as per ma’am in her lecture “kung is aka box
nang evidence, pwede na written”
NOTES ON INTELLECTUAL PROPERTY RULES | Amor Powers (is back on Iwanttv!!!)

ILLUSTRATION OF THE PROCESS

File a complaint
(prior to this, there can be search and seizure)

Serve Summons,
Answer
(15 days from service)

Modes of Discovery
(30 days from filing
answer)

Objections No objections
(10 days from receipt of
request for discovery)
(10 days from receipt of
request for discovery)

Requesting party
comments
(3 days from receipt of
objection)

Court Rules on
objection
(not later than 10 days)

Court denies
objection

Comply with modes

of discovery

Set case for pre-trial

(5 days after availing of or
compliance with modes of
discover, whichever is earlier)

File pre-trial brief and furnish copy

to other party
(not later than 5 days before pre-trial)
NOTES ON INTELLECTUAL PROPERTY RULES | Amor Powers (is back on Iwanttv!!!)

Pre-trial
BUT it’s actually mediation
(but wait! When they appear for pre-trial,
they will be referred to Philippine Mediation
center)

Judicial Dispute resolution

(conducted by pairing judge )

The actual pre trial

4 possible scenarios after pre-trial

Below:

Court decides to render judgment after pre-trial
Court decides to ask parties to submit position papers
Court decides to conduct clarificatory hearing
Court decides to conduct trial
Judgment must be rendered within 45 days after
termination of pre-trial
 Must be submitted within 30 days from
termination of pre-trial
 Must be decided 45 days after submission of
position papers
 Note that, after this, court may decide to conduct
clarificatory hearing
 Must commence 30 days from termination of pre-
trial and
 Must be completed within 15 days
 Decision must be rendered within 45 days
 Must be commenced 30 days after termination of
pre-trial
 Must be completed within 60 days from initial
commencement
 GR: no extension, XPT: justifiable reasons
 After last evidence offered, submit draft decisions
 Must be decided 60 days from submission of draft
decision
 Note: judgment can be executed pending appeal.
But you can get a TRO.