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Intellectual Property Cease And Desist Letter for Philippines

Intellectual Property Cease And Desist Letter Template for Philippines

A formal legal document used in the Philippines to demand the immediate cessation of unauthorized use, reproduction, or distribution of protected intellectual property. This document, governed by Philippine intellectual property laws, particularly Republic Act No. 8293 (Intellectual Property Code of the Philippines), serves as an initial step in enforcing IP rights before pursuing formal legal action. It details the nature of the intellectual property rights being infringed, provides evidence of ownership, describes the specific instances of infringement, and sets forth clear demands for the recipient to cease their infringing activities within a specified timeframe.

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What is a Intellectual Property Cease And Desist Letter?

An Intellectual Property Cease And Desist Letter is a crucial tool for protecting intellectual property rights in the Philippines. This document is typically used when there is clear evidence of unauthorized use or infringement of protected intellectual property, such as trademarks, copyrights, patents, or trade secrets. The letter serves as a formal warning and demand for the cessation of infringing activities, operating under the framework of Republic Act No. 8293 (Intellectual Property Code of the Philippines) and related IP legislation. It is often the first formal step in addressing IP infringement before proceeding with more costly legal actions, demonstrating the rights holder's serious intention to protect their IP while offering the alleged infringer an opportunity to comply voluntarily. The document typically includes proof of IP ownership, detailed description of the infringement, specific demands, and consequences of non-compliance.

What sections should be included in a Intellectual Property Cease And Desist Letter?

1. Sender Details: Full legal name, address, and contact information of the IP rights holder or their legal representative

2. Date: Current date of the letter

3. Recipient Details: Full name and address of the alleged infringer

4. Subject Line: Clear indication that this is a Cease and Desist Notice regarding IP infringement

5. IP Rights Declaration: Statement of ownership or right to enforce the intellectual property in question, including registration numbers or other relevant details

6. Description of Infringement: Detailed description of the specific infringing activities, including dates and specific instances

7. Legal Basis: Citation of relevant Philippine IP laws being violated, particularly RA 8293

8. Demands: Clear list of specific actions required from the recipient, including timeframes for compliance

9. Consequences: Statement of potential legal actions if demands are not met

10. Response Timeline: Specific deadline for the recipient to respond or comply

11. Closing: Professional closing with signature block and title

What sections are optional to include in a Intellectual Property Cease And Desist Letter?

1. Previous Communications: Reference to any prior attempts to resolve the matter, if applicable

2. Damage Assessment: Description of actual or potential damages suffered, useful when seeking compensation

3. Good Faith Statement: Statement indicating willingness to discuss reasonable settlement terms, appropriate for first-time offenders

4. Website Takedown Notice: Specific for digital infringement cases, including details required under the E-Commerce Act

5. Statutory Penalties: Detailed reference to specific statutory penalties under Philippine law, useful for more serious violations

What schedules should be included in a Intellectual Property Cease And Desist Letter?

1. Evidence of IP Rights: Copies of trademark registrations, copyright certificates, or other proof of IP ownership

2. Evidence of Infringement: Photographs, screenshots, or other documentation of the infringing use

3. Prior Communications Log: Copies of previous correspondence regarding the infringement, if any

4. Proof of Damages: Documentation of financial or market impact of the infringement, if available

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Technology

Media and Entertainment

Manufacturing

Retail

Fashion and Luxury Goods

Pharmaceuticals

Software Development

Publishing

Consumer Goods

E-commerce

Digital Services

Creative Industries

Research and Development

Telecommunications

Healthcare

Relevant Teams

Legal

Compliance

Intellectual Property

Brand Protection

Executive Leadership

Marketing

Research and Development

Product Development

Innovation

Risk Management

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Chief Legal Officer

Compliance Officer

Brand Protection Manager

Intellectual Property Manager

Chief Executive Officer

Business Development Director

Marketing Director

Research and Development Director

Creative Director

Product Manager

Innovation Manager

Corporate Secretary

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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