Under what conditions is the plaintiff presumed to be the copyright owner?
If copyright subsistence is established, the plaintiff is presumed to be the owner if they claim to be. This presumption holds as long as the defendant does not formally put the question of ownership in issue. It streamlines the litigation process by focusing on the infringement rather than ownership details. This is specified in Section 218.2 Intellectual Property Code of the Philippines. “(b) Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the owner… if he claims to be the owner… and the defendant does not put in issue the question of his ownership.” January 8, 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/.
