Is notice required before damages can be recovered?
Damages cannot be recovered unless the infringer knew or had reasonable grounds to know of the patent’s existence. Knowledge is presumed if the product or its packaging includes the words “Philippine Patent” and the patent number. This notice requirement ensures that accidental infringers are treated differently. This rule is cited in Section 80 Intellectual Property Code of the Philippines. “SEC. 80. Damages; Requirement of Notice. – Damages cannot be recovered for acts of infringement committed before the infringer had known, or had reasonable grounds to know of the patent.” January 3, 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/.
