What must a copyright owner prove to recover profits?
To recover profits, the plaintiff is only required to prove the sales made by the infringer. It is not the plaintiffs burden to detail the infringer’s expenses. The infringer must then prove every element of cost they wish to subtract from those sales. This evidentiary rule is established in Section 216.1 Intellectual Property Code of the Philippines. “…and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims…” 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/.
