- SECTION 1. Coverage.
- SECTION 2. The writ of search and seizure.
- SECTION 3. Where application filed.
- SECTION 4. Verified application and affidavits.
- SECTION 5. Examination of applicant; record; confidentiality of proceedings. - The application
- SECTION 6. Grounds for the issuance of the order.
- SECTION 7. When writ may issue.
- SECTION 8. Contents of the writ.
- SECTION 9. Bond and its conditions.
- SECTION 10. When writ shall be served.
- SECTION 11. To whom writ shall be served.
- SECTION 12. Commissioner, duties, qualifications and fees.
- SECTION 13.
- SECTION 14. Manner of search and seizure; duties of the sheriff.
- SECTION 15. Use of reasonable force to effect writ.
- SECTION 16. Seizure of computer disks or other storage devices.
- SECTION 17. Sheriff's return.
- SECTION 18. Discharge of writ by the defendant or expected adverse party.
- SECTION 19. Proceedings on return.
- SECTION 20. Failure to file complaint.
- SECTION 21. Claim for damages.
- SECTION 22. Judgment.
- SECTION 23. Direct filing, provisional docketing and deposit of prescribed filing fee.
- SECTION 24. Separate logbook.
- SECTION 25. Effect of violation.
- SECTION 26. Writ not a bar to other measures.
- SECTION 27. Effectivity.
Rule on Search & Seizure in Civil Actions for Infringement of IP Rights
SECTION 1. Coverage
SECTION 2. The writ of search and seizure
SECTION 3. Where application filed
SECTION 4. Verified application and affidavits
SECTION 5. Examination of applicant; record; confidentiality of proceedings
SECTION 6. Grounds for the issuance of the order
SECTION 7. When writ may issue
SECTION 8. Contents of the writ
SECTION 9. Bond and its conditions
SECTION 10. When writ shall be served
SECTION 11. To whom writ shall be served
SECTION 12. Commissioner, duties, qualifications and fees
SECTION 13. Search to be conducted in the presence of defendant, his representative, person
in charge of the premises, or witnesses
SECTION 14. Manner of search and seizure; duties of the sheriff
SECTION 15. Use of reasonable force to effect writ
SECTION 16. Seizure of computer disks or other storage devices
SECTION 17. Sheriff's return
SECTION 18. Discharge of writ by the defendant or expected adverse party
SECTION 19. Proceedings on return
SECTION 20. Failure to file complaint
SECTION 21. Claim for damages
SECTION 22. Judgment
SECTION 23. Direct filing, provisional docketing and deposit of prescribed filing fee
SECTION 24. Separate logbook
SECTION 25. Effect of violation
SECTION 26. Writ not a bar to other measures
SECTION 27. Effectivity
SECTION 1. Coverage. - This Rule shall govern the provisional seizure and
impounding of documents and articles in pending and intended civil actions for the purpose of
preventing infringement and preserving relevant evidence in regard to alleged infringement under
Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines,
Article 50 of the Agreement on Trade Related Aspects of Intellectual Property Rights, otherwise
known as TRIPS and other related laws and international conve
SECTION 2. The writ of search and seizure. - Where any delay is likely to cause
irreparable harm to the intellectual property right holder or where there is demonstrable risk of
evidence being destroyed, the intellectual property right holder or his duly authorized
representative in a pending civil action for infringement or who intends to commence such an
action may apply ex parte for the issuance of a writ of search and seizure directing the alleged
infringing defendant or expected adverse party to admit into his premises the persons named in
the order and to allow the search, inspection, copying, photographing, audio and audiovisual
recording or seizure of any document and article specified in the order.
SECTION 3. Where application filed. - The application shall be filed
with any of the Regional Trial Courts of the judicial region designated to try violations of
intellectual property rights stationed at the place where the alleged violation occurred or is to
occur, or the place to be searched, at the election of the applicant. Provided, however, that
where the complaint for infringement has already been filed, the application shall be made in the
court where the case is pending.
SECTION 4. Verified application and affidavits. - The applicant shall file a verified
application alleging the ground upon which it is based and the specific description and location of
the documents and articles to be searched, inspected, copied or seized and their value. It shall
also state the names of the applicant, his representative, witnesses and counsel who will attend
the search in the event that the application is granted. The application shall be supported by
affidavits of witnesses who personally know the facts and by authenticated or certified
documents.
The application shall contain a certification against forum shopping as prescribed by Section 5,
Rule 7 of the 1997 Rules of Civil Procedure.
The applicant shall undertake in his application that he will not use any of the documents, articles or information obtained by reason of the search and seizure for any purpose other than in the
action in which the writ is issued.
SECTION 5. Examination of applicant; record; confidentiality of proceedings. - The application
shall be acted upon within twenty-four (24) hours from its filing. The judge must, before issuing
the writ, examine in the form of searching questions and answers, in writing and under oath or
affirmation, the applicant and the witnesses he may produce on facts personally known to them.
The examination of the applicant and his witnesses shall be recorded. Their sworn statements
and their affidavits shall form part of the record of the case.
The hearing on the application for the writ shall be held in the chambers of the judge.
Court personnel shall maintain the confidentiality of the application proceeding.
The court may require the applicant to give other information necessary for the identification of
the articles and documents to be searched, inspected, copied or seized and the premises to be
searched. Where feasible, it may direct the applicant to submit copies and photographs of the
documents or articles to be seized and impounded.
SECTION 6. Grounds for the issuance of the order. - Before the Order can be issued, the
evidence proffered by the applicant and personally evaluated by the judge must show that:
(a) the applicant is the right holder or his duly authorized representative;
(b) there is probable cause to believe that the applicant's right is being infringed or that such
infringement is imminent and there is a prima facie case for final relief against the alleged
infringing defendant or expected adverse party;
(c) damage, potential or actual, likely to be caused to the applicant is irreparable;
(d) there is demonstrable risk of evidence that the alleged infringing defendant or expected
adverse party may destroy, hide or remove the documents or articles before any application inter
partes can be made; and
(e) the documents and articles to be seized constitute evidence of the alleged infringing
defendant's or expected adverse party's infringing activity or that they infringe upon the
intellectual property right of the applicant or that they are used or intended to be used
as means of infringing the applicant's intellectual property right.
SECTION 7. When writ may issue. - If the judge is satisfied with the
proof of facts upon which the application is based, he shall issue the writ requiring the search,
inspection or copying of the subject documents or articles or commanding the sheriff to take them
into his custody subject to the control of the court. The enforcement of the writ shall be
supervised by an independent Commissioner to be appointed by the court.
SECTION 8. Contents of the writ. - The writ shall contain the following:
(a) an order to the alleged infringing defendant, expected adverse party or to the person
who appears to be in charge or in control of the premises or residing or working therein
to permit the persons named in the writ to enter into the premises for the purpose of
searching, inspecting, copying, or removing from the premises and transferring to the custody
of the sheriff and subject to the control of the court the subject documents and articles;
(b) an order to the alleged infringing defendant, expected adverse party or to the person in
charge or in control of the premises to disclose to the sheriff serving the writ the location of
the documents and articles subject of the writ;
(c) the period when the writ shall be enforced which in no case shall be more than ten (10)
days from the date of issuance by the court;