The judiciary was described by Alexander Hamilton (Federalist 78) as “beyond comparison the weakest of the three departments of power.” Yet, in many surveys and studies about the state of the nation, the judiciary is cited as a critical institution to promote, among other things, social justice, human rights, environmental protection and economic development.

Another aspect of social and economic rights took center stage in the agenda of the judiciary: intellectual-property rights (IPR). A proposal to set up special IP courts with special rules for IPR court litigation was recently presented by the community of IP stakeholders to Chief Justice Reynato S. Puno.

The clamor for a set of special rules to simplify and hasten court proceedings on IPR cases has been building up over the past two years. IP owners, through their associations and chambers of commerce, have been seriously concerned with the laggard pace of court litigation on IPR violations. There are about 540 cases in the country’s court dockets pending for many years, with a resolution rate of less than 20 percent in the past eight years.

The idea behind special IP courts is to develop judicial expertise in the highly specialized and technical field of IP litigation. With this kind of focus and growing expertise, courts will be able to effectively protect inventions, marks, designs, original works of art and literature. Through specialization, the judiciary can keep better track of scientific and technological developments and the sophisticated means by which IPR violations occur, particularly in, for instance, copyright infringement in the digital environment. Several countries like Thailand, Taiwan, Mexico and Malaysia have established special IP courts. Developed countries and regions like the United States, Japan and the European Union have had similar arrangements for decades. One of the major features of the proposed rules is to designate the commercial courts in the cities of Makati, Manila, Quezon, Pasig and Mandaluyong as “special IP courts” with national jurisdiction.

To assist the judiciary in trying and hearing highly technical cases, the proposed rules allow the judge flexibility in obtaining any form of scientific or technical advice or support from the Intellectual Property Office (IP Philippines). The latter’s mandate under the Intellectual Property Code (Republic Act 8293) authorizes it to obtain the technical assistance from any government agency and body, including government-owned or -controlled corporations, in any scientific and technical field.

Another major feature of the proposed rules is the streamlining of court processes for adjudicating IP violations. The proposals include adding several provisions on the rules on summary procedures, prohibiting certain pleadings that merely delay court proceedings, and shorter periods within which parties and the court should act or respond.  

The proposed special rules also address a nagging problem concerning the storage of all the seized counterfeit products that constitute the evidence of a case. Some government law-enforcement agencies, like the Bureau of Customs and the Optical Media Board, are required to store these confiscated goods in public and private warehouses to secure and preserve them as evidence for cases that have been pending in court for several years. Not only is this a financial burden on government, but often these contraband items find their way back into the market. The proposal is to allow the court to order the destruction of fake goods anytime before, during or after trial even pending appeal. Court decisions may also be executed immediately, unless a bond is posted by the infringer on appeal. Some IP owners who store confiscated goods in private warehouses welcome this proposal.

Others might find the judiciary’s extraordinary attention on IPR unusual, and perhaps even misplaced, considering the challenges our society faces in the administration of justice from the redress of common crimes to environmental degradation. But with respect for the creations of the human mind follows respect for individual rights, adequate support and investments for education, research and development, and appreciation for science, technology, the arts and literature. These are the elements needed to find solutions to the most pressing problems of our time, from food security to cure for life-threatening diseases to climate change.

The author is the director general of the Intellectual Property Office of the Philippines. Comments may be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .