With a view of hastening the resolution of cases relating to Intellectual Property Rights (IPR), the country’s main IP office has formally handed over to the Supreme Court a set of proposed special rules for IPR cases.

IP Philippines director-general Adrian Cristobal Jr. presented the special rules on IP litigation to SC chief justice Reynato Puno at the recent opening of IPR Week 2009 at the Edsa Shangri-La Hotel in Mandaluyong City.

According to Cristobal, the proposed rules were designed to add more teeth to IP enforcement in the Philippines, highlighting in particular the setting up of IP courts.

The slow judicial process, especially in the field of IP, is cited as one of the reasons for the high incidents of IP violations in the Philippines.

The country’s piracy rate has, in fact, hovered at 69 percent in the last two years based on an IDC study commissioned by the Business Software Alliance (BSA).

Adding to the problem is the lack of awareness of judges and lawyers in technology trends, most especially in the IT sector. As of July 2009, the number of IP cases is over 500, most of which are in the National Capital Region, said Puno.

Puno, however, said in his speech that high tribunal would examine at the soonest possible time the new set of rules and may “pilot” it in one or a few courts in order for SC and the community can monitor and evaluate its effectiveness.

“The speed of change in our global, borderless and knowledge-based economy require continued vigilance and upgrading of administrative processes and judicial skills in resolving and adjudicating IP cases,” he said.

Cristobal said the drafting of the Special Rules on IP litigation was done through a consultative process by a multi-sectoral constituency, with IP Philippines at the helm.

However, it was Puno himself who urged IP Philippines to revisit the country’s existing rules of procedure and see how it can be modified and improved to hasten the process of IPR related litigation.

“These draft special rules for IPR litigation will spur whatever changes or modifications necessary for our administrative structure and processes to administer justice to IP owners and society as a whole,” the chief justice said.

For his part, Cristobal said IPR needs special attention from the justice system because of its “highly technical, strategic, and critical” importance the country’s socio-economic life and cultural heritage.

Under the special rules, IP litigation is envisioned to be improved through the designation of selected commercial courts in NCR as special IP courts to try violations of IPR nationwide; streamlining the litigation process by prohibiting a number of pleadings; destruction of counterfeit goods and making judgments immediately executory; granting assistance to technical advice for IP courts; and allowing parties to go into mediation while authorizing judges to conduct judicial dispute resolution.