Study and Recommendations on Improving Prosecution Techniques and Investigation in the Philippines,? July-August 2003

The objective of this activity is to draw a list of suggestions and proposals for strengthening the prosecution techniques, with a view to providing faster and effective remedies for civil cases, as well as for a more proactive enforcement scheme. Romulo A.Espaldon Jr., and Alex Ferdinand S. Fider of Angara Abello Concepcion Regala & Cruz Law Offices conducted a detailed investigation within this framework into the knowledge and means available to prosecute violations of intellectual property rights.

The in-depth study carried out by these two experts during July-August 2003 addressed key points among the following groups of active players in the enforcement of IPR:

1. Government. The experts worked with senior Philippine government officials, EU counsellors in charge of IPR, to assess the adequacy of legal instruments.
2. Independent judicial courts. The experts worked with judges to investigate the use of legislation, knowledge regarding the protection criteria for IPRs (for example, technique, appearance) injunction, speed with which trials are undertaken, existence of specialised IP courts and a career system for judges in IP, level of training, existence of IP libraries.
3. Customs. The study looked into the efficiency of targeting and selection techniques to intercept counterfeit goods at the border.
4. Police. The experts studied police decisions in clear cases of IPR violation for goods most susceptible to counterfeiting that include DVDs,CDs,computer software, food, luxury items. He also analysed the procedures regarding seizure of counterfeit goods and original evidence.

In addition, the two experts examined the administrative aspects, civil actions against all IPR infringements, criminal actions in piracy and counterfeiting.

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