Cease and Desist Letter — IP (Philippines)
CEASE AND DESIST LETTER
Intellectual Property Code (RA 8293, 1997) — Sections 155, 177, 168 | Civil Code (RA 386) — Articles 19-21
[Letter Date]
[Recipient Name]
[Recipient Address]
Re: Cease and Desist — Intellectual Property Infringement
1. OWNERSHIP OF INTELLECTUAL PROPERTY
1.1 I am writing on behalf of [Sender Name], with address at [Sender Address] ("Rights Holder"). The Rights Holder is the legal owner of the following intellectual property ("IP Right"): Type: [IP Type]. Description: [IP Description].
2. INFRINGING ACTS
2.1 It has come to the Rights Holder's attention that you have engaged in the following acts without the Rights Holder's authorization: [Infringing Acts]
2.2 These acts constitute infringement of the Rights Holder's intellectual property under the Intellectual Property Code of the Philippines (RA 8293, 1997) and may give rise to civil and criminal liability. Trademark infringement is prohibited under Section 155 of RA 8293. Copyright infringement is prohibited under Section 177. Unfair competition is prohibited under Section 168.
3. DEMANDS
3.1 The Rights Holder hereby demands that you, within [Demand Deadline]: (a) immediately and permanently cease all unauthorized use, reproduction, distribution, sale, or other exploitation of the Rights Holder's IP Right; (b) remove or destroy all infringing goods, materials, listings, and content; (c) provide written confirmation that you have complied with these demands; and (d) provide an accounting of all proceeds derived from the infringing acts.
4. LEGAL ACTION
4.1 If you fail to comply with the above demands within the stated deadline, the Rights Holder reserves the right to pursue all available legal remedies, including: (a) filing a civil action for injunction, damages, and attorney's fees before the Regional Trial Court designated as an IP court; (b) filing a complaint with the IPOPHL Bureau of Legal Affairs; (c) filing criminal charges under Section 170 (trademark) or Section 217 (copyright) of RA 8293, which carry penalties of imprisonment and fines; and (d) seeking ex parte seizure of infringing goods under Section 217.3 of RA 8293.
4.2 This letter is sent without prejudice to the Rights Holder's rights and remedies, all of which are expressly reserved.
We trust that you will take prompt action to avoid escalation.
Sincerely,
[Sender Name]
[Sender Address]
Rights Holder / Authorized Representative
________________
Signature
What Is a Cease and Desist Letter — IP (Philippines)?
A Cease and Desist Letter — IP in the Philippines puts the writer's position in formal terms, setting out the facts relied on and the response or action it seeks.
For copyright infringement, Section 217 of RA 8293 imposes criminal penalties of 1 to 3 years imprisonment and fines of PHP 50,000 to PHP 150,000 for a first offense, and 3 to 6 years and PHP 150,000 to PHP 500,000 for repeat offenses. Civil remedies under Section 216 of RA 8293 include actual damages (or statutory damages of PHP 50,000 to PHP 150,000 per infringed work if actual damages cannot be established), attorney's fees, costs of litigation, and injunctive relief. For trademark infringement under Section 155 of RA 8293, civil remedies include damages, account of profits, and injunction, while Section 170 imposes criminal penalties of 2 to 5 years imprisonment and fines of PHP 50,000 to PHP 200,000. For patent infringement under Section 75 of RA 8293, the patent owner may seek injunctions, damages, and in some cases treble damages for willful infringement.
A Cease and Desist Letter serves several strategic purposes in Philippine IP enforcement. It creates a documented record of the rights holder's awareness and objection to the infringement, which is relevant to the computation of damages (especially for willful infringement). It provides the infringer an opportunity to cease voluntarily, avoiding costly litigation before the IPOPHL BLA or the Regional Trial Court (RTC) designated as IP Courts under A.M. No. 10-3-10-SC. It is often required as a precondition for certain IPOPHL interim relief measures and for take-down requests to online platforms operating in the Philippines.
The legal framework governing the Cease and Desist Letter — IP (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Cease and Desist Letter — IP (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Revised Corporation Code (RA 11232, 2019) sets the foundational requirements.
When Do You Need a Cease and Desist Letter — IP (Philippines)?
A Cease and Desist Letter for IP infringement is needed whenever a Philippine IP rights holder discovers unauthorized use of their protected intellectual property.
A Philippine trademark owner registered with the IPOPHL who discovers that a competitor is using a confusingly similar mark on competing goods or services needs to send a Cease and Desist Letter before filing a trademark infringement complaint before the IPOPHL Bureau of Legal Affairs under Section 155 of RA 8293, or before applying for a preliminary injunction from the Regional Trial Court.
A copyright owner — such as a Philippine author, software developer, musician, or content creator — who discovers that their work has been reproduced, distributed, or publicly displayed online without authorization needs a Cease and Desist Letter, often followed by a take-down notice under the Electronic Commerce Act (RA 8792) or the Digital Millennium Copyright Act (DMCA) for platforms operating under US jurisdiction that host Philippine-owned content.
A Philippine patent holder under RA 8293 who discovers that a competitor is manufacturing or selling a product that infringes the patented invention needs a Cease and Desist Letter as the first step in enforcement, prior to filing an infringement action before the IPOPHL BLA or the designated IP Court.
A Philippine business that discovers a former employee or business partner has misappropriated its trade secrets — protected under Section 291 of RA 8293 and the Civil Code — needs a Cease and Desist Letter demanding immediate cessation of use and disclosure of the misappropriated information.
An online retailer or marketplace seller who discovers counterfeit versions of their registered Philippine trademark being sold through e-commerce platforms such as Shopee, Lazada, or Zalora needs a Cease and Desist Letter to the platform and the counterfeit seller, and may also file a complaint with the IPOPHL's e-commerce IP enforcement program.
What to Include in Your Cease and Desist Letter — IP (Philippines)
A thorough Philippine Cease and Desist Letter for IP infringement must include the following essential elements.
Identification of Rights Holder: Full legal name, address, and contact details of the IP rights holder (or their authorized legal representative). For trademark owners, the IPOPHL trademark registration number. For patent holders, the IPOPHL patent number and title.
Identification of Infringer: Full name and address of the infringing party and, where applicable, the URL, business name, or other identifying information for online infringers.
Description of IP Rights: Precise description of the intellectual property right being infringed — including the registered trademark (mark, registration number, class of goods/services), copyrighted work (title, nature, date of creation), or patent (number, title, claims allegedly infringed).
Description of Infringing Conduct: Specific description of the acts of infringement, including dates, URLs, product descriptions, and any evidence gathered (screenshots, purchase records, comparison of marks or works). Reference to the relevant provisions of RA 8293 — Section 155 for trademark infringement, Sections 175 to 216 for copyright infringement, or Section 75 for patent infringement.
Demands: Clear, specific demands — typically: (a) immediate cessation of all infringing activities; (b) destruction of all infringing materials; (c) removal of infringing content from websites and platforms; (d) an accounting and payment of damages; and (e) written confirmation of compliance within a specified deadline (typically 10 to 15 calendar days).
Consequences of Non-Compliance: Statement of the legal consequences of non-compliance, including criminal prosecution under Sections 170 and 217 of RA 8293, civil action for damages and injunction before the designated IP Court (RTC), and complaint before the IPOPHL Bureau of Legal Affairs.
Without Prejudice Statement: Statement that the letter is sent without prejudice to all legal rights and remedies available to the rights holder.
Additional compliance elements for a Cease and Desist Letter — IP (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Cease and Desist Letter — IP (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/business/intellectual-property/cease-and-desist-letter-ip-philippines
"Cease and Desist Letter — IP (Philippines) (Philippines)." Forms Legal, 2026, https://forms-legal.com/philippines/business/intellectual-property/cease-and-desist-letter-ip-philippines.
@misc{formslegal-cease-and-desist-letter-ip-philippines,
author = {{Forms Legal}},
title = {Cease and Desist Letter — IP (Philippines) (Philippines)},
year = {2026},
howpublished = {\url{https://forms-legal.com/philippines/business/intellectual-property/cease-and-desist-letter-ip-philippines}},
note = {Free legal document template. Based on Revised Corporation Code (RA 11232, 2019)}
}Frequently Asked Questions
The remedies available to an intellectual property rights holder in the Philippines for infringement are set out in the Intellectual Property Code (RA 8293, 1997) and range from civil remedies to criminal prosecution. For civil remedies, the rights holder may file an action before the Regional Trial Court designated as an Intellectual Property Court under A.M. No. 10-3-10-SC, or before the IPOPHL Bureau of Legal Affairs (BLA) for administrative cases. Civil remedies include: actual damages sustained by the IP owner; account of profits made by the infringer; reasonable royalties (as an alternative to actual damages); statutory damages for copyright infringement under Section 216(b) of RA 8293 of PHP 50,000 to PHP 150,000 per infringed work if the rights owner cannot establish actual damages; attorney's fees and costs of suit; and injunctive relief under Section 216(c) of RA 8293 to immediately stop the infringing activity. For willful patent infringement, treble damages may be awarded under Section 76 of RA 8293. Criminal remedies include: for copyright infringement under Section 217, imprisonment of 1 to 3 years and fines of PHP 50,000 to PHP 150,000 (first offense) or 3 to 6 years and PHP 150,000 to PHP 500,000 (repeat offense); for trademark infringement under Section 170, imprisonment of 2 to 5 years and fines of PHP 50,000 to PHP 200,000. The IPOPHL Bureau of Legal Affairs may also impose administrative fines under its administrative jurisdiction.
Filing an intellectual property complaint in the Philippines may be done through the IPOPHL Bureau of Legal Affairs (BLA) or through the courts. The IPOPHL BLA at ipophil.gov.ph has jurisdiction over administrative cases for IP infringement under Section 7(b) of RA 8293, including trademark oppositions, cancellation proceedings, and compulsory licensing cases. To file an administrative complaint with the IPOPHL BLA, the complainant must submit: a verified complaint with supporting documents (certificate of trademark or patent registration, evidence of infringement, and demand letters sent); a docket fee based on the IPOPHL fee schedule; and a sworn statement of service on the respondent. The IPOPHL BLA applies the Rules of Procedure for Intellectual Property Rights Cases (IPOPHL Memorandum Circular No. 16-007, 2016). For criminal complaints for trademark or copyright infringement, the complainant may file a complaint directly with the Department of Justice (DOJ) Office of Cybercrime for online offenses, or with the National Bureau of Investigation (NBI) Anti-Piracy Division at nbi.gov.ph, which has specialized investigators for IP crimes. The NBI investigates and files criminal cases with the courts through the DOJ. Civil infringement actions are filed before the Regional Trial Courts designated as IP Courts under A.M. No. 10-3-10-SC — these are located in Manila, Quezon City, Makati, Pasig, Cebu City, and Davao City, among others.
Sending a Cease and Desist Letter in the Philippines may have implications for the statute of limitations applicable to IP infringement claims, though Philippine law does not automatically toll (pause) the limitation period upon sending such a letter. Under Section 226 of the Intellectual Property Code (RA 8293, 1997), civil actions for IP infringement must be filed within 4 years from the time the claimant learned of the infringement or became aware of facts sufficient to lead to such knowledge — whichever is earlier. This is a prescriptive period under the Civil Code and RA 8293, and the Cease and Desist Letter documents the date on which the rights holder had knowledge of the infringement, which is the starting point for counting the 4-year period. Critically, if the infringer acknowledges the claim in writing — for example, by responding to the Cease and Desist Letter and admitting to the infringement or entering into negotiations — this acknowledgment may constitute an interruption of the prescriptive period under Civil Code Article 1155, which provides that prescription is interrupted by written acknowledgment of the right by the person against whom it is claimed. A rights holder who receives an acknowledgment should be cautious about allowing prolonged negotiations to delay filing — Philippine courts have strictly applied prescriptive periods in IP cases, and an expired prescriptive period is an absolute defense to a civil infringement action.
A Cease and Desist Letter — IP (Philippines) does not legally require a lawyer in Philippines, and individuals and businesses may draft and execute the document independently. The Revised Corporation Code (RA 11232, 2019) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Philippines lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of the Philippines has jurisdiction over disputes arising from this type of document, and Securities and Exchange Commission (SEC Philippines) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Cease and Desist Letter — IP (Philippines) does not legally require a lawyer in the Philippines, though legal advice is recommended. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contracts. The Securities and Exchange Commission (SEC) regulates corporate documents. The Department of Labor and Employment (DOLE) oversees employment agreements. The Data Privacy Act of 2012 (Republic Act No. 10173) and National Privacy Commission (NPC) impose data protection obligations. The Bureau of Internal Revenue (BIR) requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Philippine attorney for significant transactions. Under Philippines law, Revised Corporation Code (RA 11232, 2019), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Intellectual Property Assignment (Philippines)
An Intellectual Property Assignment agreement for the Philippines transferring ownership of patents, trademarks, copyright, or trade secrets under the Intellectual Property Code (RA 8293, 1997). Covers assignment of rights, IPOPHL recordal, moral rights waiver, consideration, and representations of clear title.
Trademark License Agreement (Philippines)
A Trademark License Agreement for the Philippines granting rights to use a registered trademark under the Intellectual Property Code (RA 8293, 1997). Covers license scope, quality control, royalties, IPOPHL recordal, sublicensing, and termination under Philippine trademark law.
Copyright Assignment (Philippines)
A Copyright Assignment agreement for the Philippines transferring economic rights in original works under the Intellectual Property Code (RA 8293, 1997). Covers works subject to copyright, assignment of economic rights, moral rights waiver, consideration, representations of authorship, and governing Philippine copyright law.