Intellectual Property Law
Guzman Acain LLP’s intellectual property practice covers the full lifecycle of IP protection in the Philippines — from registration and prosecution before the Intellectual Property Office of the Philippines (IPOPHL) to enforcement litigation before the courts and administrative proceedings before the Bureau of Legal Affairs (BLA).
We act for local innovators, multinational corporations, pharmaceutical companies, technology firms, creative agencies, and individual inventors — with a client base spanning the US, Europe, Australia, the Middle East, and the ASEAN region.
Guzman Acain LLP’s intellectual property practice covers the full lifecycle of IP protection in the Philippines — from registration and prosecution before the Intellectual Property Office of the Philippines (IPOPHL) to enforcement litigation before the courts and administrative proceedings before the Bureau of Legal Affairs (BLA).
We act for local innovators, multinational corporations, pharmaceutical companies, technology firms, creative agencies, and individual inventors — with a client base spanning the US, Europe, Australia, the Middle East, and the ASEAN region.
Registration & Prosecution
Trademarks
We handle trademark applications from filing through registration, covering word marks, device marks, composite marks, and certification marks across all Nice Classification categories. Our work includes:
- Trademark clearance searches before filing
- Filing and prosecution of trademark applications before IPOPHL
- Response to Office Actions and examiner’s objections
- Trademark renewals and maintenance
- Multi-class and series trademark filings
We have represented companies from the US, Europe, Australia, the Middle East, and ASEAN in securing their trademarks before the Philippine IP Office.
Patents
We advise inventors and corporations on patent protection in the Philippines, including:
- Utility model and invention patent applications
- PCT National Phase Entry — for international applicants entering the Philippines through the Patent Cooperation Treaty (PCT), we manage the national phase filing requirements, translation compliance, and prosecution before IPOPHL
- Patentability assessments and prior art searches
- Patent portfolio management
Copyright
We advise on copyright ownership, registration, and enforcement for software, literary works, artistic works, audiovisual content, and digital media — including licensing agreements and takedown procedures for online infringement.
IP Litigation & Enforcement
Notable Matter: Guzman Acain LLP successfully defended a local Philippine pharmaceutical company against a patent infringement claim filed by Pfizer, one of the world’s largest pharmaceutical corporations — obtaining a favorable judgment for our client before the Philippine courts.
Our IP litigation practice covers:
Court Proceedings
- Patent, trademark, and copyright infringement cases before the Regional Trial Courts designated as Special IP Courts
- Injunctive relief applications to stop ongoing infringement
- Damages claims for past infringement
- Criminal complaints for trademark counterfeiting and copyright piracy under the IP Code
IPOPHL Administrative Proceedings
- Inter partes cases — opposition to trademark and patent applications filed by third parties
- Cancellation petitions — cancellation of registered trademarks and patents on grounds of non-use, invalidity, or bad faith registration
- Appeals before the Director General of IPOPHL and the Court of Appeals, and to the Supreme Court
Enforcement Operations
- Search and seizure applications for counterfeit goods
- Coordination with the National Bureau of Investigation (NBI) IP Division and the Optical Media Board
- Cease and desist proceedings before the Bureau of Legal Affairs (BLA)
IP Transactions and Advisory
We advise on the commercial exploitation and protection of IP assets, including:
- Technology transfer agreements and licensing contracts
- Franchise agreements involving licensed IP
- IP due diligence for mergers, acquisitions, and corporate transactions
- IP valuation advisory for transactional and dispute purposes
- Trade secret protection programs and confidentiality agreements
- Domain name disputes before WIPO and IPOPHL
Why Philippine IP Protection Matters
The Philippines is a signatory to the Paris Convention, the Patent Cooperation Treaty (PCT), the Madrid Protocol (trademark international registration), and the Berne Convention for copyright. Philippine IP rights must be registered locally to be enforceable — a foreign trademark registration does not automatically protect a mark in the Philippines.
For international clients, the practical implication is straightforward: if your brand, product, or technology has a Philippine market — or if counterfeit versions of your products are appearing in the Philippines — you need active IP protection registered with IPOPHL.
We advise international clients on the most efficient registration strategy for their Philippine IP portfolio, including use of the Madrid Protocol for trademark filings and PCT national phase entry for patents.
Representative Experience
- Represented various companies in the US, Europe, Australia, Asia, the Middle East, and the ASEAN Region applying for their Trademarks, and Patents under the Patent Cooperation Treaty at the Philippine Intellectual Property Office.
Successfully defended and obtained a favorable judgment for a local Pharmaceutical client against Pfizer regarding patent infringement.
