IPL Enforcement Group

Alegre, Rainier
Cordero, Maria Natasha

De Guzman, Daisy Diane
Sanchez, Gonzalo, Jr.
Enforcement of Intellectual Property Rights (Article 18.10)
Section on RA 8293
A. 216.2. In an
infringement action,
the court shall also
have the power to
order the seizure and
impounding of any
article which may
serve as evidence in
the
court
proceedings.
Korea US TPP Text (Article 18)

Agreement
Philippine Laws TRIPS

(IP and
IPrelated laws)
Brief
Comparative
Analysis
vis--vis
Philippine laws
A. 8. In civil
judicial proceedings
concerning copyright
or
related
rights
infringement
and
trademark
counterfeiting, each
Party shall provide
that
its
judicial
authorities shall have
the authority to order
the
seizure
of
allegedly infringing
goods, materials, and
implements relevant
to
the
act
of
infringement, and, at
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least for trademark

counterfeiting,
documentary
evidence relevant to
the infringement.
B. 157.2.
In
regard to counterfeit
goods, the simple
removal
of
the
trademark
affixed
shall
not
be
sufficient other than
in exceptional cases
which
shall
be
determined by the
Regulations,
to
permit the release of
the goods into the
channels
of
commerce.
C. 76.3. If the
damages are
inadequate or cannot
be readily
ascertained with
reasonable certainty,
the court may award
by way of damages a
sum equivalent to
reasonable royalty.
76.4. The court may,
B. 9. Each Party
shall provide that: (c)
in
regard
to
counterfeit
trademarked goods,
the simple removal of
the
trademark
unlawfully
affixed
shall not be sufficient
to permit the release
of goods into the
channels
of
commerce.
C. 13. In civil
concerning the acts
described in
paragraphs 7 and 8 of
Article 18.4, each
Party shall provide
that its judicial
authorities shall, at
the least, have the
authority to:
(a) impose
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according to the
circumstances of the
case, award damages
in a sum above the
amount found as
actual damages
sustained: Provided,
That the award does
not exceed three (3)
times the amount of
such actual damages.
76.5. The court may,
in its discretion,
order that the
infringing goods,
materials and
implements
predominantly used
in the infringement
be disposed of
outside the channels
of commerce or
destroyed, without
compensation.
D. 217.2.
In
determining
the
number of years of
provisional measures,
including seizure of
devices and products
suspected of being
involved in the
prohibited activity;
(b) provide an
opportunity for the
right holder to elect
award of either actual
damages it suffered or
pre-established
damages;
(c) order
payment to the
prevailing right
holder at the
conclusion of civil
of court costs and
fees, and reasonable
attorneys fees, by the
party engaged in the
prohibited conduct;
and
(d) order the
destruction of devices
and products found to
be involved in the
prohibited activity.
D. 27. Further to
paragraph 26, each
Party shall provide:
3 | Page
imprisonment
and
the amount of fine,
the
court
shall
consider the value of
the
infringing
materials that the
defendant
has
produced
or
manufactured
and
the damage that the
copyright owner has
suffered by reason of
the infringement.
(a) penalties that

include sentences of
imprisonment as well
as monetary fines
sufficient to provide a
deterrent to future
infringements,
consistent with a
policy of removing
the
infringers
monetary incentive.
Each Party shall
further
encourage
judicial authorities to
impose
those
penalties at levels
sufficient to provide a
deterrent to future
infringements,
including
the
imposition of actual
terms
of
imprisonment when
criminal infringement
occurs for purposes of
commercial
advantage or private
financial gain;
4 | Page
Objectives
Our paper aims to:
a. Address possible issues with regard to the implications of the TPP for the Philippines;
b. Reconcile, if possible, conflicting provisions;
c. Identify the factors that would lead the Philippines to join and not to join the TPP;
d. Identify possible advantages and benefits of joining and not joining the TPP; and
e. Identify possible disadvantages of joining and not joining the TPP.
Scope
Under the Investor-State Dispute Settlement (ISDS), TPP signatories will be compelled to follow the United States stringent
definition of copyright and digital-rights management (DRM). Patent protections could keep the prices of medicines and books high in
the TPP countries. Governments would be obliged to criminalise disclosure of trade secrets, which could mean prison for
investigative journalists and whistleblowers.
The ISDS provisions will allow corporations to sue TPP governments in special tribunals if they feel that policies threaten their
profits or rights to be treated fairly. Drug companies might sue to keep medicine prices high, or tobacco firms could take a
government to court over health warnings on cigarette packs.
ISDS would mean that new legislation would not only be checked by a nations supreme court, but that foreign investors
would have another kind of court they could turn to. This additional tribunal would not protect the constitutional order, but be entitled
to rule on any legislative change a foreign investor might find disturbing. It is unlikely that the US Supreme Court, for example, would
5 | Page
accept such jurisdictional ambiguity. Corporate lawyers, however, would certainly try to make the most of competing legal systems,
hoping at least to achieve lucrative out-of-court settlements.1
Importance
Issues
Alan Robles, Beyond Trade, http://www.dandc.eu/en/article/philippines-decision-join-tpp-may-depend-geopolitical-concernsrather-trade-deals-merits-and, (June 17, 2015).
6 | Page

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Alegre, Rainier

Cordero, Maria Natasha

Enforcement of Intellectual Property Rights (Article 18.10)

Korea US TPP Text (Article 18)

Philippine Laws TRIPS

least for trademark

(a) penalties that

Alan Robles, Beyond Trade, http://www.dandc.eu/en/article/philippines-decision-join-tpp-may-depend-geopolitical-concernsrather-trade-deals-merits-and, (June 17, 2015).

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