What happens if a convicted infringer is insolvent?
In cases where the defendant is insolvent and cannot pay the fine, subsidiary imprisonment shall be imposed. This ensures that the criminal penalty is served even if financial restitution is impossible. This provision applies to all cases of criminal infringement under the Act. This rule is established in Section 217.1 Intellectual Property Code of the Philippines. “(d) In all cases, subsidiary imprisonment in cases of insolvency.” 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/.

