Are there trademark infringement exceptions for imported drugs and medicines?
There is no trademark infringement for imported or sold drugs and medicines that are allowed under specific sections of the Act or are off-patent. These medications must bear registered marks that have not been tampered with or unlawfully modified by any party. Section 159.4 Intellectual Property Code of the Philippines establishes this exception to promote the accessibility of quality medicines. This provision was specifically amended to support universal health and affordable medicine initiatives,. “159.4. There shall be no infringement of trademarks or tradenames of imported or sold drugs and medicines allowed under Section 72.1 of this Act, as well as imported or sold off-patent drugs and medicines” January 7, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
